1. (a) This chapter provides an appeals process to the extent authorized by federal and state law and by rules administered by the Texas Workforce Commission (Agency).

2. (b) This section applies only to complaints or determinations regarding federal- or state-funded workforce services administered by the Agency or Local Workforce Development Boards (Boards), as follows:

   1. (1) Child care;
   2. (2) Temporary Assistance for Needy Families (TANF) Choices;
   3. (3) Food Stamp Employment and Training (FSE&T);
   4. (4) Project Reintegration of Offenders (Project RIO);
   5. (5) Workforce Investment Act (WIA) Adult, Dislocated Worker, and Youth; and
   6. (6) Eligible Training Providers (ETP) receiving WIA funds or other funds for training services.

3. (c) Determinations or complaints relating to the following matters are not governed by this chapter:

   1. (1) Across-the-board reductions of services, benefits, or assistance to a class of recipients;
   2. (2) Matters governed by hearing procedures otherwise provided for in this title;
   3. (3) Alleged violations of nondiscrimination and equal opportunity requirements;
   4. (4) Denial of benefits as it relates to mandatory work requirements for individuals receiving TANF and FSE&T services and is administered through the Texas Health and Human Services Commission (HHSC);
   5. (5) Matters governing job service-related complaints as referenced in 20 C.F.R. Part 658, Subpart E, §§400 - 418 and the federal Employment Service law;
   6. (6) Services provided by the Commission pursuant to Texas Labor Code §301.023 - Complaints Against the Commission; or
   7. (7) Alleged criminal violations of any services referenced in §823.1(b).

Source Note:The provisions of this §823.1 adopted to be effective November 26, 2007, 32 TexReg 8546.