Commission approves proposed rule to treat time-zone errors as good cause for missed hearings

The Texas Workforce Commission voted to publish proposed amendments to 40 Texas Administrative Code, Chapter 815, to codify a commission precedent treating time-zone discrepancies as good cause for missing a hearing.

Reed O'Brien of the Office of General Counsel told commissioners the proposed rule would establish that good cause exists where a petitioner attempts to participate at the time listed on the hearing notice but is late only because of the difference between their local time zone and the time shown on the notice. "Under this proposed rule, good cause is established if the petitioner attempts to participate in the hearing at the time specified in the hearing notice, but is late only because of the difference between their local time zone and the time zone listed on the notice," O’Brien said.

Staff recommended submitting the rule for publication in the Texas Register for a 30-day public comment period and requested authority to make non-substantive edits necessary for Texas Register formatting; commissioners approved the motion to publish.

Next steps: the proposed amendment will be posted for public comment and staff may make non-substantive edits required by the Secretary of State’s office prior to publication.