(a) Funds available to the Commission to provide Trade Act services shall be provided to workforce areas as set forth in this section.
(b) Amounts for training and services for trade-affected workers, consistent with statute and regulations, will be made available to workforce areas as follows. The Commission shall approve:
  (1) an initial Trade Adjustment Assistance (TAA) funding amount for each workforce area, on an annual basis; and
  (2) the factors to be considered for distribution of additional funds, which may include:
    (A) number of individuals in TAA-approved training;
    (B) number of Trade-certified layoffs in the workforce area;
    (C) number of employees from Trade-certified companies;
    (D) layoffs identified through the Worker Adjustment and Retraining Notification Act process in the workforce area;
    (E) demonstrated need;
    (F) the cost of training; and
    (G) other factors as determined by the Commission.
(c) Evaluations will be made periodically as to the sufficiency and reasonableness of amounts made available to each workforce area, expenditures for training, and amounts reported for administration. The Agency shall make additional distributions, based on the evaluations and upon requests by Boards, using the factors approved by the Commission.
(d) In the event that a determination is made that Trade Act funding available to the Commission may be insufficient to meet all qualified needs for the remainder of the year at any time during the program year, the Agency will:
  (1) rely on the evaluations referenced in subsection (c) of this section to estimate short-term needs;
  (2) make recommendations for deobligation and redistribution between workforce areas; and
  (3) make requests for additional TAA funding from the U.S. Department of Labor as appropriate.
(e) No more than 15 percent of the funds expended for Trade Act training, services, and other allowable program activities shall be used for administrative costs, as defined by federal regulations. The Commission shall establish policy limitations for the expenditure of administrative funds at the state and Board levels.

Source Note: The provisions of this §800.66 adopted to be effective August 23, 2004, 29 TexReg 8148; amended to be effective February 7, 2011, 36 TexReg 592