1. (a) Boards shall ensure that:

   1. (1) Trade-certified workers referred to WIA intensive or training services are coenrolled in WIA dislocated worker services, consistent with WIA eligibility criteria, the needs of the worker, and a Board's policies and procedures; and
   2. (2) the coenrollment of Trade-certified workers in WIA Title I dislocated worker services shall not interfere with the timely provision of TAA services.

2. (b) Boards shall ensure that prior to referring a trade-affected worker to WIA intensive or training services, each of the following nine criteria are met and documented in the REP:

   1. (1) no suitable employment is available;
   2. (2) ability of the worker to benefit from training, based on a comprehensive assessment of the worker's knowledge, skills, and abilities;
   3. (3) reasonable expectation of employment following completion of the training;
   4. (4) training is reasonably available to the worker;
   5. (5) worker is qualified to undertake and complete the training based on a comprehensive assessment of the worker's knowledge, skills, abilities, and interests;
   6. (6) training is available at a reasonable cost for the selected occupation;
   7. (7) training can be fully completed and the degree or credential secured within the maximum time frames established under the trade-affected worker's Trade Act certification;
   8. (8) no portion of required training costs are borne by the worker; and
   9. (9) part-time training is approved only where permitted by the trade-affected worker's Trade Act certification, and the worker is aware that TRA support during periods of part-time training will be unavailable.
3. (c) Boards shall ensure that the approval of Trade benefits and services is accomplished by state merit staff, including approval of training, waiver issuance, and the associated review and approval of waiver continuation.
4. (d) Boards shall ensure that any denial of Trade benefits or services is accomplished by forwarding a recommendation to the Agency's TAA unit for issuance of a formal appealable decision.

Source Note:The provisions of this §849.22 adopted to be effective November 24, 2003, 28 TexReg 10510; amended to be effective January 12, 2015, 40 TexReg 270.