(a) This section outlines the process used by the Commission to evaluate Board oversight capacity related to the management of local funds and the delivery of local workforce services.
(b) The Agency shall evaluate, at least annually, each Board's oversight capacity, including the Board's ability to:
  (1) develop, maintain, and upgrade comprehensive fiscal management systems;
  (2) hire, train, and retain qualified staff to carry out the Board's oversight activities;
  (3) select and oversee workforce service providers to improve the delivery of workforce services;
  (4) oversee and improve the operations of Workforce Solutions Offices in the Board's service area;
  (5) manage each workforce service provider's performance across multiple Board programs; and
  (6) identify and resolve long-standing or severe Board oversight problems and workforce service provider performance issues. In the context of this section, the term "severe" is defined as an issue serious enough to warrant a sanction or intent-to-sanction, as described in §802.122 and §802.123, and the term "long-standing" is defined as an issue that persists for more than one review period.
(c) The Commission shall approve, in an open meeting, specific criteria to be used in its evaluation of Board oversight capacity and shall communicate these criteria to Boards through issuance of a Workforce Development Letter. The Commission shall approve, in an open meeting, on an as-needed basis, updates to the criteria used to evaluate Board oversight capacity.
(d) Notwithstanding any other provision of this section, the Commission may consider any extraordinary situation related to any of the factors identified in subsection (b) of this section, including natural disasters.
(e) Annually, the Commission shall post the results of its evaluation of each Board and each Board's performance on its website with an explanation of the rating, rating criteria, and performance measures in a format that is readily accessible to and understandable by a member of the public.
  (1) The explanation shall include specifically how each of the criteria was applied for each Board.
  (2) Evaluations shall be performed using information at the Commission's disposal at the time of the evaluation. If no updated information is available, the Commission is not obligated to schedule a review or visit to confirm or obtain new information.
  (3) The Commission may update the Board ratings more often than annually if the Commission determines new information or circumstances warrant consideration.

Source Note: The provisions of this §802.67 adopted to be effective February 7, 2011, 36 TexReg 604; amended to be effective November 11, 2015, 40 TexReg 7901; amended to be effective January 8, 2019, 44 TexReg 113