(a) The agency may use state funds to provide education and training for its employees in accordance with the State Employees Training Act (Texas Government Code §§656.041 - 656.104).

(b) The education or training shall be related to the employee's current position or prospective job duties within the agency.

(c) The agency's education and training program benefits both the agency and the employees participating by:

(1) preparing for technological and legal developments;

(2) increasing work capabilities;

(3) increasing the number of qualified employees in areas for which the agency has difficulty in recruiting and retaining employees; and

(4) increasing the competence and professionalism of agency employees.

(d) Agency employees may be required to complete an education or training program related to the employee's duties or prospective duties as a condition of employment.

(e) Participation in an education or training program requires the appropriate approval prior to participation and is subject to the availability of funds within the agency's budget.

(f) As part of the agency's education and training program, employees may be eligible for reimbursement for a training, development, or education program offered by a state agency, an institution of higher education, or a private entity.

(g) Reimbursement of costs to an employee for completing a training, development, or education program offered by a state agency, an institution of higher education, or a private entity, requires the approval of the Chief Administrative Law Judge or the Chief Administrative Law Judge's designee. The agency shall only reimburse the expenses for a program course successfully completed by an employee.

(h) The employee education and training program for the agency may include:

(1) mandatory agency-sponsored training required for all employees;

(2) education relating to technical or professional certifications and licenses;

(3) education and training relating to the promotion of employee development;

(4) employee-funded external education;

(5) agency-funded external education, including continuing legal education, online courses, and courses not credited towards a degree; and

(6) other agency-sponsored education and training determined by the agency to fulfill the purposes of the State Employees Training Act.

(i) The Human Resources Manager for the State Office of Administrative Hearings is designated as the administrator of the agency's education and training program.

(j) The administrator, in conjunction with the agency executive management, shall develop policies for administering each of the components of the employee education and training program. These policies shall provide clear and objective guidelines and shall include, at a minimum, the following:

(1) eligibility requirements for participation;

(2) approval procedures for participation; and

(3) obligations of program participants.

(k) Approval to participate in any portion of the agency's education and training program shall not in any way affect an employee's at-will status or constitute a guarantee or indication of continued employment, nor shall it constitute a guarantee or indication of future employment in a current or prospective position.

(l) Permission to participate in any education and training program may be withdrawn if the agency determines, in its sole discretion, that participation would negatively impact the agency or the employee's job duties or performance.

Source Note: The provisions of this §160.10 adopted to be effective February 23, 2022, 47 TexReg 767