This information is intended for Vocational Rehabilitation (VR) contractors who received a notice of adverse action made under TWC Rule §858.9 regarding the procurement and contract management requirements for the purchase of goods and services for vocational rehabilitation services.
An appeal is a written notice that you disagree with a TWC decision and want your case decided through the appeal process. Under TWC Rule §858.15, contractors may appeal an initial adverse action. TWC may issue a notice of adverse actions by hand delivery, mail, common carrier, fax, or email.
TWC’s initial adverse action is final for all purposes unless you file an appeal within 28 calendar days of the date the initial adverse action notice was issued to you. The timeliness of a VR contractor appeal is covered by TWC Rule §815.32, as referenced in TWC Rule §858.15(b).
The appeal process is structured so that you do not need an attorney. You may choose to have an attorney or other person represent you at your own expense.
There are two stages of the appeal process:
- Submitting a Request for an Appeal to the Adverse Action Determination.
- Submitting a Request for Reconsideration if you disagree with TWC’s decision.
If you choose to submit a request for appeal, you must submit a written appeal letter, containing all the information as described in the following section for your appeal to be considered valid.
How to Appeal an Adverse Action Determination
If you disagree with the notice of adverse action, you may submit a request for appeal to the adverse action that TWC is imposing. To be considered valid, your appeal must meet the requirements described below and as presented in the VR Form 1309, Contractor Notice of Appeal Rights.
- Submission Deadline
- Approved Methods for Submitting a Request for Appeal
- Required Information for Submitting a Request for Appeal
Keep a copy of your request for appeal for your records.
You must submit a written appeal letter within 28 calendar days after the date on which the initial adverse action was mailed or sent to you. This date is located at the top left portion of the written notification, under the TWC Letterhead. If the twenty-eighth day falls on a federal or state holiday, you have until the next business day to submit your appeal.
If you choose to appeal, you must submit a written request for appeal letter by hand delivery, mail, common carrier, fax, or email to using one of the approved addresses shown below. An appeal sent by unapproved methods is not valid. Unapproved methods include by telephone or sent to any address, email address, or fax number that different than the approved list.
|Texas Workforce Commission
Deputy Executive Director: Notice of Request for Appeal – VR Customer Service Contracts
101 E 15th St., Suite 654
Austin, TX 78778-0001
|Third party carrier, including overnight delivery
|Texas Workforce Commission
RE: Notice of Request for Appeal – VR Customer Service Contracts
4405 Springdale Rd
Austin, TX 78723
ATTN: Deputy Executive Director, Suite 654M
|4405 Springdale Rd
Austin, TX 78723
Your request for an appeal will not be considered valid unless it includes each of the following requirements, which are included in TWC Rule §858.15(c).
- A statement of facts describing how TWC’s decision, action, or inaction deviated from contract terms, published policy, or state or federal law or regulations;
- Your claim, including pertinent contract sections;
- A statement of the issue(s) in dispute;
- A brief statement of why TWC’s initial adverse action is wrong;
- Copies of evidence or documentation supporting the appeal; AND
- The action you are requesting.
Request for Meeting
In your appeal letter, you may also request a meeting with TWC. Whether a meeting is granted is solely at TWC’s discretion. At the meeting, you:
- May be represented by a person of your choice, and
- Will be provided with an opportunity to present evidence and information to support your position.
If your request for a meeting is granted, TWC will notify you by email of the meeting date, time, and location.
Accommodations for Meeting
If you request a meeting with TWC, you should include a description of any special accommodations or auxiliary aides and services needed for you, witnesses, or representatives.
An appeal is only perfected when the contractor follows the explicit instructions for filing an appeal as described above and provided for in TWC Rule §858.15(c).
If TWC determines the appeal request does not meet the requirements in TWC Rule §858.15(c) for a valid appeal, it will be denied and TWC will notify you in writing. TWC’s determination on the appeal request is final and is not eligible to be considered under a request for reconsideration (TWC Rule §858.16).
TWC will notify you in writing if your appeal has been perfected for consideration on the merits of the issues you raise. You may supplement your appeal after it has been perfected, but prior to TWC’s decision.
What if I Lose My Appeal
TWC’s appeal decision becomes final 14 days after the date the written decision is mailed, unless you file a written request for reconsideration, as described below, and in TWC Rule §858.16, before the 14-day deadline.
Request for Reconsideration
If you disagree with all or part of TWC’s decision, the next stage in the appeals process is to submit a written Request for Reconsideration if you wish to pursue the matter.
The request for reconsideration process is described in TWC Rule §858.16.
TWC’s appeal decision becomes final 14 days after the date the written decision is mailed unless you submit a written request for reconsideration before the 14-day deadline.
If you choose to submit a request for reconsideration, you must submit the written request within 14 calendar days from the date TWC mailed you the written appeal decision. The mailing date is located under the TWC letterhead used in the appeal decision notification.
You must submit your written request by hand delivery, mail, common carrier, fax, or email to one of the approved addresses. A request for reconsideration sent by unapproved methods will not be considered by TWC as valid. Unapproved methods include by phone or to an address or email not in accordance with the instructions provided in the above section “How to Appeal an Adverse Action Determination”.
TWC will not grant a request for reconsideration unless there is an offering of:
- New information or evidence that was not presented as part of your original request for an appeal;
- A compelling reason why you did not present the new information or evidence earlier; AND
- A specific explanation of how consideration of the new information or evidence would change the outcome of TWC’s decision.
If granted, TWC’s decision on a request for reconsideration is the final decision of TWC.
It is important that you keep your mailing address up to date. See Section X. Standard Terms and Conditions, Section E. Amendments, of your contract for information on changing your address.
Please provide any changes to the address information in Section 1 of your contract in writing to your TWC contract manager.