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TITLE 40SOCIAL SERVICES AND ASSISTANCE
PART 20TEXAS WORKFORCE COMMISSION
CHAPTER 849EMPLOYMENT AND TRAINING SERVICES FOR DISLOCATED WORKERS ELIGIBLE FOR TRADE BENEFITS
SUBCHAPTER ECOMPLAINTS AND APPEALS
RULE §849.51Appeals of Commission Determinations on Trade Act Activities

(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.


Source Note: The provisions of this §849.51 adopted to be effective November 24, 2003, 28 TexReg 10510; amended to be effective July 18, 2022, 47 TexReg 4143

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