1. (a) If the informal resolution procedure results in a final agreement between the parties, no hearing shall be held.
2. (b) If no final informal resolution is reached, Boards shall provide an opportunity for a hearing to resolve an appeal or complaint.
3. (c) Either a final agreement resulting from informal resolution or a hearing and Board decision shall be completed within 60 calendar days of the original filing of the appeal or complaint.
4. (d) Boards shall provide a process that allows an individual alleging a labor standards violation to submit a complaint to a binding arbitration procedure, if a collective bargaining agreement covering the parties to the complaint so provides.
5. (e) Within 60 calendar days of the filing of the appeal or complaint, the Board shall send the parties a decision setting forth the results of the hearing. The decision shall be issued by a Board hearing officer, shall include findings of fact and conclusions of law, and shall provide information about appeal rights to the parties.
6. (f) If no Board decision is mailed within the 60 calendar-day time frame described in subsection (e) of this section or if any party disagrees with a timely Board decision, a party may file an appeal with the Agency.
7. (g) An appeal to the Agency shall be filed in writing with TWC Appeals, Texas Workforce Commission, 101 East 15th St., Room 410, Austin, Texas 78778-0001, within 14 calendar days after the mailing date of the Board's decision. If the Board does not issue a decision within 60 calendar days of the date of the filing of the original appeal or complaint, an appeal to the Agency must be filed no later than 90 calendar days after the filing date of the original appeal or complaint.

Source Note:The provisions of this §823.13 adopted to be effective November 26, 2007, 32 TexReg 8546.