1. (a) A determination affecting the type and level of services to be provided by a Board or its designee shall be promptly provided to any person directly affected.

2. (b) The determination shall include the following:

   1. (1) A brief statement of the adverse action;
   2. (2) The mailing date of the determination;
   3. (3) An explanation of the individual's right to an appeal;
   4. (4) The procedures for filing an appeal to the Board, including applicable time frames as required in §823.3;
   5. (5) The right to have a hearing representative, including legal counsel; and
   6. (6) The address or fax number to send the appeal.

3. (c) Boards shall allow providers of training services the opportunity to appeal a determination related to the:

   1. (1) denial of eligibility as a training provider under WIA §122(b), §122(c), or §122(e);
   2. (2) termination of eligibility as a training provider or other action under WIA §122(f); or
   3. (3) denial of eligibility as a training provider of on-the-job or customized training by the operator of a Texas Workforce Center under WIA §122(h).
4. (d) A person that receives a determination from a Board or a Board's designee may file an appeal with the Board requesting a review of the determination. The appeal must be submitted in writing, filed within 14 calendar days of the mailing date of the determination, and include the party's proper mailing address.

Source Note:The provisions of this §823.11 adopted to be effective November 26, 2007, 32 TexReg 8546.