A Board shall count only actual hours of participation in Choices work activities as allowable work participation hours with the following exceptions, unless otherwise specified in this chapter:

1. (1) For work activities set forth in §§811.42 - 811.44, Boards may count paid holidays or other paid leave as actual participation hours.
2. (2) For self-employment, Boards shall not count more hours toward the work participation rate for a self-employed Choices participant than the number derived from dividing the participant's net self-employment income (gross self-employment earnings minus business expenses) by the federal minimum wage.

Source Note:The provisions of this §811.34 adopted to be effective February 26, 2007, 32 TexReg 906; amended to be effective September 29, 2008, 33 TexReg 8192; amended to be effective January 8, 2013, 38 TexReg 180.