(a) If the informal resolution procedure results in a final agreement between the parties, no hearing shall be held.
(b) If no informal resolution is reached, Boards shall provide an opportunity for a formal review to resolve an appeal or complaint.
(c) Either a final agreement resulting from an informal resolution or a hearing and Board decision shall be completed within 60 calendar days of the original filing of the appeal or complaint.
(d) Boards shall provide a process that allows an individual alleging a labor standards violation to submit a complaint to a binding arbitration procedure if a collective bargaining agreement covering the parties to the complaint so provides.
(e) Within 60 calendar days of the filing of the appeal or complaint, the Board shall send the parties a decision setting forth the results of the hearing. The decision shall be issued by a Board adjudicator, include findings of fact and conclusions of law, and provide information about appeal rights to the parties.
(f) If no Board decision is mailed within the 60 calendar-day time frame described in subsection (e) of this section, or if any party disagrees with a timely Board decision, a party may file an appeal with the Agency.
(g) An appeal to the Agency shall be filed in writing by mail, fax, or hand delivery with the TWC Commission Appeals Department at its state office, 101 E. 15th Street, CA Hearings Unit, Room 678, Austin, Texas, 78778, or faxed to the number provided in the determination or decision within 14 calendar days after the mailing date of the Board's decision. If the Board does not issue a decision within 60 calendar days of the date of the filing of the original appeal or complaint, an appeal to the Agency must be filed no later than 90 calendar days after the filing date of the original appeal or complaint.

Source Note: The provisions of this §823.13 adopted to be effective November 26, 2007, 32 TexReg 8546; amended to be effective January 25, 2021, 46 TexReg 607