(a) A WIOA-funded training provider or other provider certified by the Agency and later found to be ineligible to receive funding as a training provider may file an appeal directly with the Agency.
(b) Upon receipt of an appeal from a Board decision, an appeal pursuant to subsection (a) of this section, or if no informal resolution of a complaint is successfully reached pursuant to §823.20 of this subchapter (relating to State-Level Complaints), the Agency shall promptly assign a hearing officer and mail a notice of hearing to the parties and/or their designated representatives. The hearing shall be set and held promptly and in no case later than as provided by applicable statute or rule.
(c) The notice of hearing shall be in writing and include a:
  (1) statement of the date, time, place, and nature of the hearing;
  (2) statement of the legal authority under which the hearing is to be held; and
  (3) short and plain statement of the issues to be considered during the hearing.
(d) The notice of hearing shall be issued at least 10 calendar days before the date of the hearing unless a shorter period is permitted by statute.
(e) Hearings shall be conducted by telephonic means, unless an in-person hearing is required by applicable statute or the Agency determines that an in-person hearing is necessary.
(f) Parties may request accommodations, including interpreters, through the hearing officer or Agency staff.

Source Note: The provisions of this §823.21 adopted to be effective November 26, 2007, 32 TexReg 8546; amended to be effective January 25, 2021, 46 TexReg 607