| (a) If the informal resolution procedure results in
a final agreement between the parties, no hearing shall be held.
(b) If no informal resolution is reached, Boards shall
provide an opportunity for a formal review to resolve an appeal or
complaint.
(c) Either a final agreement resulting from an informal
resolution or a hearing and Board decision shall be completed within
60 calendar days of the original filing of the appeal or complaint.
(d) Boards shall provide a process that allows an individual
alleging a labor standards violation to submit a complaint to a binding
arbitration procedure if a collective bargaining agreement covering
the parties to the complaint so provides.
(e) Within 60 calendar days of the filing of the appeal
or complaint, the Board shall send the parties a decision setting
forth the results of the hearing. The decision shall be issued by
a Board adjudicator, include findings of fact and conclusions of law,
and provide information about appeal rights to the parties.
(f) If no Board decision is mailed within the 60 calendar-day
time frame described in subsection (e) of this section, or if any
party disagrees with a timely Board decision, a party may file an
appeal with the Agency.
(g) An appeal to the Agency shall be filed in writing
by mail, fax, or hand delivery with the TWC Commission Appeals Department
at its state office, 101 E. 15th Street, CA Hearings Unit, Room 678,
Austin, Texas, 78778, or faxed to the number provided in the determination
or decision within 14 calendar days after the mailing date of the
Board's decision. If the Board does not issue a decision within 60
calendar days of the date of the filing of the original appeal or
complaint, an appeal to the Agency must be filed no later than 90
calendar days after the filing date of the original appeal or complaint.
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