(a) Purpose of Rule. Texas Government Code §2308.264, §2308.267, and §2308.312 set forth prohibitions regarding service delivery, Board staffing, and developmental services. Only under circumstances that fit the criteria specified in those statutes will requests for waivers be granted.     
      (b) Boards may submit a waiver request of the following provisions:      
        (1) Independent Service Delivery. A Board is prohibited from directly providing workforce training and services, including operational functions normally associated with such services such as intake, eligibility determination, assessment, and referral, unless a waiver is obtained.       
        (2) Separate Staffing. Board staff shall be employed separately and independently of any person who provides workforce training and services, as described in paragraph (1) of this subsection, unless the Board arranges for independent evaluation of any other workforce services provided by the staffing organization and obtains a waiver.       
        (3) Developmental Services. A person who provides one-stop services at a Workforce Solutions Office shall not also provide developmental services unless a waiver is obtained.       
      (c) Requesting a Waiver.      
        (1) Waiver requests shall be submitted to the Commission and contain detailed justification as specified in the respective statutes. The Commission shall review and forward a recommendation to the Texas Workforce Investment Council (TWIC) for consideration. TWIC will forward its recommendation to the Governor for approval.       
        (2) In recommending action on such requests, the Commission shall apply only the criteria specified in the respective statutes.       
      (d) Duration of Waiver.      
        (1) A waiver may be granted for a period less than, but not to exceed, the effective term of an approved plan and budget.       
        (2) A waiver may be conditioned upon the Board's completion of steps taken to eliminate the need for a waiver.       
     Source Note:        The provisions of this §802.44 adopted to be effective February 7, 2011, 36 TexReg 604