40 Tex. Admin. Code § 840.2

Current through Reg. 49, No. 49; December 6, 2024

Section 840.2 - Definitions

The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.

(1) Address of record--In addition to the mailing address contained in the application for approval, each provider shall establish an email address of record, with the format of the address to be "ProviderName.Director@xdomain." This email address of record must consistently include a minimum of two current recipients. Providers currently licensed with TWC's Career Schools and Colleges (CSC) program must use their CSC-approved email of record.

(2) Agency--The unit of state government established under Texas Labor Code, Chapter 301, that is presided over by the Commission and administered by the executive director to operate the integrated workforce development system and administer the unemployment compensation insurance program in this state as established under the Texas Unemployment Compensation Act, Texas Labor Code Annotated, Title 4, Subtitle A, as amended. The definition of Agency shall apply to all uses of the term in this chapter.

(3) Community-Based Organization--As defined in WIOA §3(10), a private nonprofit organization (which may include a faith-based organization), that is representative of a community or a significant segment of a community and that has demonstrated expertise and effectiveness in the field of workforce development.

(4) Customized Training--As defined in WIOA §3(14), means training:

(A) that is designed to meet the specific requirements of an employer (including a group of employers);

(B) that is conducted with a commitment by the employer to employ an individual upon successful completion of the training; and

(C) for which the employer pays:

(i) a significant portion of the cost of training, as determined by the local Board, taking into account the size of the employer and such other factors that the local Board determines to be appropriate, which may include the number of employees participating in training, wage, and benefit levels of those employees (at present and anticipated upon completion of the training), relation of the training to the competitiveness of a participant, and other employer-provided training and advancement opportunities; and

(ii) in the case of customized training (as defined in subparagraphs (A) and (B) of this paragraph) involving an employer located in multiple local areas in the state, a significant portion of the cost of the training, as determined by the Commission, taking into account the size of the employer and such other factors that the Commission determines to be appropriate.

(5) Eligible Training Provider (ETP)--A training provider as defined by this chapter with one or more programs included on the statewide ETPL.

(6) Eligible Training Provider List (ETPL)--The statewide list of ETPs that may receive funds through individual training accounts for training services at the discretion of Boards and as defined by this chapter.

(7) Individual Training Account (ITA)--Payment agreement established by a local Board on behalf of a participant with a training provider. ITAs may be used only to pay for a training program included on the statewide ETPL, except where an out-of-state program is approved by the Board in accordance with § 840.53 of this chapter (relating to Compliance Violations).

(8) LWDA--Local Workforce Development Area (workforce area) designated by the governor as provided in Texas Government Code, § 2308.252.

(9) LWDB--Local Workforce Development Board (Board) created pursuant to Texas Government Code, § 2308.253, and certified by the governor pursuant to Texas Government Code, § 2308.261.

(10) On-the-Job Training (OJT)--As defined by WIOA §3(44), a training by an employer that is provided to a paid participant while engaged in productive work in a job that:

(A) provides knowledge or skills essential to the full and adequate performance of the job;

(B) is made available through a program that provides the employer with partial reimbursement of the wage rate of the participant for the extraordinary costs of providing the training and additional supervision related to the training; and

(C) is limited in duration as appropriate to the occupation for which the participant is being trained, taking into account the content of the training, the prior work experience of the participant, and the service strategy of the participant, as appropriate.

(11) Target Occupations--As determined by LWDA, include:

(A) occupations that:

(i) are in-demand, as defined by WIOA §3(23);

(ii) have a dedicated training component; and

(iii) provide wages that meet self-sufficiency requirements in the LWDA; or

(B) occupations that are included in career pathway leading to an occupation described in subparagraph (A) of this paragraph.

(12) Training Provider--As set out in WIOA §122(a)(2), provides a program containing one or more training services, as defined by this chapter, and must be one of the following entities:

(A) an institution of higher education that provides a program that leads to a recognized postsecondary credential;

(B) an entity that carries out programs registered under the Act of August 16, 1937 (commonly known as the "National Apprenticeship Act"; 50 Stat. 664, Chapter 663; 29 USC § 50 et seq.); or

(C) another public or private provider of a program of training services, which may include:

(i) community-based organizations;

(ii) joint labor-management organizations; and

(iii) eligible providers of adult education and literacy activities under WIOA Title II, if such activities are provided in combination with occupational skills training.

(13) Training Services--As provided in WIOA §134(c)(3)(D), may include:

(A) occupational skills training, including training for nontraditional employment;

(B) OJT;

(C) incumbent worker training;

(D) programs that combine workplace training with related instruction, which may include cooperative education programs;

(E) training programs operated by the private sector;

(F) skill upgrading and retraining;

(G) entrepreneurial training;

(H) transitional jobs;

(I) job readiness training provided in combination with any services described in subparagraphs (A) - (H) of this paragraph;

(J) adult education and literacy activities, including activities of English language acquisition and integrated education and training programs, provided concurrently or in combination with any services described in subparagraphs (A) - (H) of this paragraph;

(K) customized training conducted with a commitment by an employer or group of employers to employ an individual upon successful completion of the training.

(14) WIOA--Workforce Innovation and Opportunity Act, PL 113 - 128, 29 USCA §3101, et seq., enacted July 22, 2014.

40 Tex. Admin. Code § 840.2

Adopted by Texas Register, Volume 46, Number 01, January 1, 2021, TexReg 0199, eff. 1/4/2021; Amended by Texas Register, Volume 47, Number 28, July 15, 2022, TexReg 4143, eff. 7/18/2022