(a) The Agency shall approve training, if:
  (1) there is no longer substantial and recurring demand for the individual's skills, and the lack of employment opportunities in occupations requiring those skills is expected to continue for an extended period of time, and the individual has no other skill for which there is an expectation of reemployment in a reasonable period; and
  (2) the training will enhance the individual's ability to secure stable employment and earning potential in an occupation for which there is substantial and recurring demand.
(b) An individual shall be in approved training if the Agency approves the training for the individual and the individual is attending the training as shown by the following:
  (1) The individual and/or the training facility agrees to furnish evidence upon request of the Agency that the individual is regularly attending the training course and is satisfactorily performing assignments as a trainee; and
  (2) The individual affirms at the time of the claim certification that the individual has attended the training course during the given training week or had good cause for the individual's failure to do so.
(c) The funding source of the training shall not affect the approval of the training except that training under the auspices of the Workforce Investment Act; the Texas Department of Assistive and Rehabilitative Services; the Texas Department of Aging and Disability Services; federal or state veterans' services, or any other program specifically designated by the Agency shall be considered approved for the purposes of the Act §207.022.
(d) The Agency shall not deny approval of training solely because the individual resides outside of the state. Agency staff may rely upon the recommendation of the agent state regarding whether the training is approved.
(e) The Commission shall develop procedural guidelines for use by Agency staff and the Boards that are consistent with the requirements of this section. Procedures may include, but are not limited to:
  (1) using a statewide or Board-level demand or targeted occupations list to determine whether there is substantial and recurring demand for an occupation or industry; and
  (2) using the Agency's job-matching system to assess the individual's existing skills when determining the individual's likelihood to return to an occupation or industry requiring those skills.

Source Note: The provisions of this §815.25 adopted to be effective September 20, 2010, 35 TexReg 8504