(a) Training programs shall be subject to continued eligibility determination within 12 to 24 months following previous eligibility determination, as determined by the Agency.
(b) The Agency shall use such information provided during the most recent annual performance reporting period, including provider and program eligibility and student performance outcomes, for continued eligibility consideration.
(c) Eligibility criteria shall include:
  (1) such information required for Initial Eligibility determination;
  (2) such additional criteria included in 20 CFR §680.460; and
  (3) other criteria required by the Agency deemed necessary to determine a provider's eligibility.
(d) Training programs shall submit, through annual reporting, required performance information, which shall include, but may not be limited to, the following:
  (1) Information on recognized postsecondary credentials received by participants; and
  (2) Such information required by and developed from annual reporting.
(e) The Commission shall determine minimum performance targets for continued eligibility for the statewide ETPL. The Commission may review and adjust established minimum performance targets as determined necessary for the efficient operation of the program.
(f) Boards and the Agency shall review aggregated performance information submitted by training programs to determine whether the information meets or exceeds the program eligibility criteria and shall notify providers of any adverse determination in accordance with Subchapter F of this chapter (relating to Adverse Actions).
(g) Training programs determined eligible under this subchapter shall be approved for inclusion on the statewide ETPL for up to 24 months following approval by the Agency.

Source Note: The provisions of this §840.21 adopted to be effective January 4, 2021, 46 TexReg 195