Texas Register, Volume 23, Number 15, Pages 3631-3764, April 10, 1998 Page: 3,655
3631-3764 p. ; 28 cm.View a full description of this periodical.
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(1) Monies shall be forwarded on a quarterly basis. A
copy of the deposit shall be forwarded to the Oversight Authority or
Designee.
(2) The payment shall be reflected in the PIE Quarterly
Statistical Report.
245.12. Policy and Procedural Requirement for Participating
Agencies/Entities.
(a) Participating agencies/entities shall develop policies and
procedures, pertinent to their individual program and in keeping with
State and Federal guidelines and law.
(b) Participating agencies/entities shall submit their policies
and procedures to the Private Sector Prison Industries Oversight
Authority (the Authority) for review and approval through the PIE
Program Specialist.
(c) The PIE Program Specialist shall review the submitted
policies and procedures for compliance with State and Federal
guidelines, law and Oversight Authority Rules.
(1) After reviewing the submitted policies and procedures,
the PIE Program Specialist shall forward the same to the Authority
with a cover memo indicating any areas of perceived non-compliance.
(2) The Authority shall review the submitted policies
and procedures and the PIE Program Specialist's comments. The
Authority shall then make a determination regarding approval of the
submitted policies or the nature of any needed corrective action.
(d) The Decision of the Authority shall be communicated to
the participating agency/entity through the PIE Program Specialist.
245.13. Program Inquiries.
All public inquiries, requests for information, and concerns regarding
the Private Sector Prison Industries Program shall be directed to the
Program Specialist, and all responses shall be copied to the Chairman
of the Private Sector Prison Industries Oversight Authority, with the
exception of:
(1) information normally provided by the PIE Program
Specialist as a routine job function or as technical assistance to the
Authority, Bureau of Justice Assistance, state agencies, facilities or
industry; or,
(2) information that may be provided by participating
agencies/entities, facilities or private industry partners regarding their
specific program.
245.20. Designation of Cost Accounting Centers.
(a) In order to obtain designation of a new cost accounting
center (CAC), participating agencies/entities, facilities or industry
partners shall gather and submit all the documentation required
under 245.21 of this title (relating to Prevailing Wages and Non-
displacement of Workers) and 245.22 of this title (relating to
Consultation with Labor and Business Organizations) to the Authority
for review through the PIE Program Specialist.
(b) Upon receipt of designation by the Authority, the Program
Specialist shall notify the participating agency/entity, facility or
industry partner and complete the appropriate Bureau of Justice
Assistance forms for designation of a new CAC.
(c) The PIE Program Specialist shall submit the designation
forms and all supporting documentation to the Bureau of Justice
Assistance. This documentation shall include:
(1) copies of consultation provided business and labor
organizations;(2) prevailing wage and non-displacement of workers
verifications;
(3) proof of workers compensation coverage or equivalent
private insurance; and,
(4) a copy of the voluntary agreement to be signed by
offender participants.
245.21. Prevailing Wages and Non-displacement of Workers.
(a) As a part of the cost accounting center (CAC) designation
process, participating agencies/entities, facilities or industry partners
shall submit verification of payment of the prevailing wage for each
job classification, to the Private Sector Prison Industries Oversight
Authority (the Authority) through the Private Industry Enhancement
(PIE) Program Specialist. Wage plans may reflect the minimum
wage for a two-month training period beginning the date employment
begins. Subsequent to this two-month period, the wage plan must
reflect the prevailing wage or a graduated wage earning base leading
to the prevailing wage. If it is determined that there is no work of
a similar nature in the locality, workers shall be paid no less than
the minimum wage. The same information shall be submitted on an
annual basis from the date of designation or as otherwise determined
by the Authority.
(b) Participating agencies/entities, facilities or private indus-
try partners shall obtain written verification from the Texas Workforce
Commission (TWC) that the wage plan reflects the prevailing wage
for each job classification and:
(1) that the industry project shall not result in displace-
ment of free world workers;
(2) that the industry project will not be applied in skills,
crafts or trades in which there is a surplus of available gainful labor
in the community;
(3) that the industry project will not impair existing
contracts for services.
(c) If participating agencies/entities, facilities or private in-
dustry partners are unable to obtain the verifications required under
subsection (b) of this section, they may request technical assistance
from the PIE Program Specialist.
(1) In order to obtain technical assistance, the agency/en-
tity, facility or private industry partner must provide the PIE Program
Specialist the following information for each job classification:
(A) educational requirements;
(B) job experience (if necessary);
(C) an outline of activities to be performed;
(D) specific responsibilities;
(E) wage rate/progression for the position;
(F) a description of each job; and,
(G) the DOT, OES, or SIC numerical code and title as
utilized by the Texas Workforce Commission (TWC) in the Openings
and Wages by Occupation Data Collected Through Job Service
Offices of the TWC.
(2) The PIE Program Specialist shall attempt to obtain the
required verifications from the TWC. If the TWC is unable to make
the required verifications, the PIE Program Specialist shall calculate a
prevailing wage and, if necessary as a part of the designation process
for a new Cost Accounting Center, the verifications required under
subsection (b) of this section, utilizing the most recent edition ofPROPOSED RULES April 10, 1998 23 TexReg 3655
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Texas. Secretary of State. Texas Register, Volume 23, Number 15, Pages 3631-3764, April 10, 1998, periodical, April 10, 1998; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth113834/m1/25/: accessed April 27, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.