(a) From time to time, the Agency may publish a Notice of Availability (NOA) of grant funds under this chapter. The notice shall be published on the Agency's website. In addition to the respective purpose for each grant program under this chapter, the notice may include:
  (1) the total amount of grant funds available for the award;
  (2) the geographical workforce areas that are eligible;
  (3) the specific industries or occupations targeted;
  (4) the maximum number of grants to be awarded;
  (5) the special populations to be served;
  (6) the application process and requirements; and
  (7) any other grant requirements necessary and appropriate for awarding grants in addition to those set forth in this chapter.
(b) To be eligible for a grant award, an applicant meeting the eligibility criteria identified in the NOA shall submit an application to the Agency in the form and manner as prescribed in subsection (d) of this section.
  (1) The Agency's executive director, or designee, shall evaluate each application, considering the requirements and purpose of the NOA for which the application is submitted, the financial stability of the private sector employer, the regional economic impact, and any other factors the Agency determines appropriate.
  (2) If the Agency determines that an application is appropriate for funding, the executive director or designee shall enter into a contract with the grant recipient on behalf of the Agency.
  (3) Any applicants currently on corrective action pursuant to Chapter 802, Subchapter G of this title (relating to Corrective Actions), or not meeting any requirements of this chapter, shall not be eligible to receive a grant.
(c) The Agency may request additional information at any time before the grant award in order to effectively evaluate any application.
(d) Form and manner of application:
  (1) Applications shall be in writing and contain the following information:
    (A) The number of proposed jobs created, and retention plans to meet the requirements of §838.21(a)(1) of this chapter;
    (B) A brief outline of the proposed project, including the skills acquired through training and the employer's involvement in the planning and design;
    (C) A brief description of the measurable training objectives aligned with §838.22 of this chapter;
    (D) The occupation and wages for participants who complete the project as set forth in §838.22(3) of this chapter;
    (E) A budget summary, disclosing anticipated project costs and resource contributions, including the dollar amount the private partner is willing to commit to the project;
    (F) A signed agreement between all partners that outlines each entity's roles and responsibilities if a grant is awarded;
    (G) A statement explaining the basis for the determination by the TIRA that the application meets the requirements of the NOA applied for and identifying the targeted actual or projected labor shortages in the occupation in which the proposed training project will be provided;
    (H) A statement identifying that the proposed cost of training included in the application is consistent with costs recorded on the Eligible Training Provider List (ETPL), as defined in Chapter 840, Subchapter A of this title (relating to General Provisions), if the applicant's program(s) are included on the ETPL;
    (I) A statement describing the eligible applicant's equal employment opportunity policy;
    (J) A list of the proposed employment benefits;
    (K) A statement, supported by adequate documentation, establishing that the applicant's proposed training program is a TIRA as defined by §838.2(3) of this chapter; and
    (L) Any additional information contained in §838.13 of this chapter and deemed necessary by the Agency to complete an evaluation of an application.
  (2) Applications shall disclose other grant funds sought or awarded from the Agency or other state and federal sources for the project proposed in the application.
  (3) Applicants shall submit their application to the Agency's executive director or designee as specified in the NOA for which the applicant is applying.
  (4) An applicant may, with the approval of the executive director or designee, submit an application for funding that does not contain or identify all of the required elements under paragraph (1) of this subsection. The release of any funding is contingent upon the applicant's submission, and the Agency's approval, of all the required elements in this subsection.

Source Note: The provisions of this §838.12 adopted to be effective December 28, 2020, 45 TexReg 9573; amended to be effective November 20, 2023, 48 TexReg 6746