40 Tex. Admin. Code § 802.142

Current through Reg. 49, No. 49; December 6, 2024
Section 802.142 - Appeal
(a) A Board or Agency grantee may appeal a final determination or sanction determination; however, a recommendation to another entity by the Agency or Commission under Subchapter G of this chapter (relating to Corrective Actions), cannot be appealed.
(b) A request for appeal of a final determination or sanction determination shall be filed within 10 working days following the receipt of the determination. The appeal shall be in writing and filed with the General Counsel, Texas Workforce Commission, 101 East 15th Street, Austin, Texas 78778. Failure by a Board, workforce service provider, or Agency grantee to timely request a hearing waives the right to a hearing.
(c) The Agency shall refer the request for appeal to an impartial hearing officer for a hearing.
(d) The Agency shall mail a notice of hearing to the Board or Agency grantee as provided in § 802.125(c) of this chapter, and to their representatives, if any. The notice of hearing shall be in writing and include:
(1) a statement of the date, time, place, and nature of the hearing;
(2) a statement of the legal authority under which the hearing is to be held; and
(3) a short and plain statement of the issues to be considered during the hearing.

40 Tex. Admin. Code § 802.142

The provisions of this §802.142 adopted to be effective February 7, 2011, 36 TexReg 604