(a) A Commission determination or decision may be appealed
by the party who is adversely affected by the decision. The decision
shall include the information necessary to appeal the decision. Decisions
that may be appealed include determinations pertaining to eligibility
for Trade Act activities, services, and monetary allowances regarding
a trade-affected worker's application for:
(1) waivers of training;
(2) job search allowances;
(3) job relocation allowances;
(4) Trade Readjustment Allowances;
(5) training; and
(6) any other appealable action allowable under the
Trade Act.
(b) Appeals under the Trade Act shall be in accordance
with Texas Labor Code, Chapter 212, and Chapter 815 of this title,
and as provided with the determination or decision.
(c) Boards shall ensure that trade-affected workers
are informed of their rights to appeal a determination related to
certain non-Trade-funded activities and the procedures for an appeal
of the determination, and for requesting a hearing from the Commission
as specified in the applicable statutes and regulations relating to
the services, including but not limited to Chapter 823 of this title.
(d) Boards shall ensure that trade-affected workers
are informed that if they fail without good cause to complete training,
a job search, or a relocation, then a portion of the payment for the
respective benefit may result in an overpayment. Boards must submit
overpayment requests to the Agency's TAA State Office for a final
determination.
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