Texas Administrative Code

The objective of these sections is to obtain a just, fair, and equitable determination of any matter within the jurisdiction of the board, the commissioner or the fire marshal. To the end that this objective may be attained with the greatest expedition and at the least expense as…

Regular quarterly meetings of the Coordinating Board, hereinafter referred to as the Board, will be held in January, April, July, and October, with the understanding that the chair may at a regular quarterly meeting, alter the date of a subsequent meeting.

(a) Matters subject to these rules. These rules apply to all phases of contested case proceedings that may be referred to the jurisdiction of SOAH as provided by Tax Code, §111.00455 and Government Code, §2003.101. Contested cases under those sections relate to the collection, re…

(a) The purpose of this subchapter is to establish the requirements for a patient with a severe chronic disease to access and use an investigational drug, biological product, or device, consistent with Texas Health and Safety Code Chapter 490 and the rules in this subchapter. (b)…

(a) The broad objective of the Texas Department of Public Safety is: "To maintain public safety in the State of Texas." (b) The department works toward the attainment of this objective within existing regulations and in cooperation with other agencies and persons with mutual or r…

(a) This chapter establishes a system for practice and procedure before the Railroad Commission of Texas to enable the just disposition of proceedings and public participation in contested case proceedings pursuant to the Administrative Procedure Act, Texas Government Code, Chapt…

The purpose of the commission's rules is to implement the powers and duties of the commission under the Texas Water Code, the Texas Health and Safety Code, and other laws, to establish the general policies of the commission, and to set forth procedures to be followed in agency pr…

The following words and terms, when used in this part, shall have the following meanings, unless the context clearly indicates otherwise. (1) Administrative law judge--The commissioner or the commissioner's designee assigned to conduct a hearing on a matter before the department,…

(a) A Commissioner with a personal or private interest in a measure, proposal or decision pending before the Commission shall publicly disclose the fact to the Commission in an open meeting. The Commissioner may not vote or otherwise participate in the decision. The disclosure sh…

(a) All documents to be considered in a commission meeting or by judges in contested cases shall be filed with the chief clerk. Hearing requests and responses shall also be filed with the chief clerk. (b) If a docket number has been assigned, it should appear on the first page of…

Records of hearings shall be made by shorthand, mechanical, or electronic recordings at the discretion of the presiding officer, board, the commissioner, or the fire marshal.

(a) Parties to proceedings before the department shall be classified as applicants, petitioners, complainants, respondents, or intervenors. Parties to a proceeding shall have the right to present a direct case, cross-examine all witnesses, file requests for discovery, make legal …

(a) Purpose. The purpose of this section is to establish procedures for hearing public comment at Governing Board meetings open to the public held by the Texas Department of Housing and Community Affairs in accordance with §2306.032(f) and §2306.066(d) of the Tex. Gov't Code. (b)…

(a) Requesting a redetermination hearing. (1) If a taxpayer disagrees with a deficiency or jeopardy determination, the taxpayer may request a redetermination hearing by timely submitting a written request for redetermination. This written request must include a Statement of Groun…

(a) Definitions. The following words and terms, when used in this undesignated head, shall have the following meanings, unless the context clearly indicates otherwise. (1) Administrative staff--Library staff whose responsibilities include management or supervision. (2) Bandwidth-…

In each fiscal year, a municipality or county that engages in enforcement under Transportation Code, Chapter 644 (Commercial Motor Vehicle Safety Standards) may retain fines collected from such enforcement in an amount not to exceed 110% of the municipality or county's actual exp…

(a) With the exception enumerated in this section, each certificate or evidence of coverage and each insurance policy or contract or application that is delivered or issued for delivery in this state on or after January 1, 1990, and that is not covered by an insurance guaranty fu…

(a) For any assigned case and subject to any limitations imposed by law or by Commission rule, the examiner shall have broad discretion in regulating the course and conduct of the hearing. The examiner's authority includes, but is not limited to, the following authority: (1) to a…

(a) A municipality or county that retains a fine in accordance with §1.100 of this title (relating to Fines Retained by Municipalities and Counties for Certain Enforcement Expenses) shall, on an annual basis and no later than 60 days following the end of the most recently complet…

(a) The primary responsibility for police action designed to search for a reported bomb at any location, other than premises occupied by the Department of Public Safety, lies with the principal local law enforcement agency in whose jurisdiction the reported bomb threat is located…

(a) The Texas Department of Health adopts by reference a memorandum of understanding entered into between the department, the Texas Department of Human Services, the Texas Rehabilitation Commission, and the Texas Department of Mental Health and Mental Retardation concerning the e…

The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise. (1) Commission--The Texas Transportation Commission. (2) Department--The Texas Department of Transportation. (3) Executive director--The execu…

As provided below, an Architect may not issue or authorize the issuance of a document regulated by this Subchapter unless, pursuant to the requirements of this Subchapter, the document is: (1) sealed, signed, and dated pursuant to Subsection 1.103(a), thereby indicating that it m…

In accordance with Transportation Code, §201.118, the commission encourages the use of appropriate alternative dispute resolution processes to assist in the resolution of internal and external disputes under the department's jurisdiction.

(a) In the interest of justice, and after notice and opportunity for hearing, an order imposing sanctions may be issued by the Commissioners, the Hearings Director, or the examiner for: (1) abuse of the discovery process, including failure to comply with a discovery order or subp…

(a) A municipality or county that fails to file a report required under this section within 30 days of the filing deadline shall send to the comptroller for deposit to the credit of the Texas Department of Transportation payment in an amount equal to the amount of fines retained …

(a) On every document requiring an Architect's seal, the Architect shall affix or cause the affixation of a seal that will produce a clearly visible and legible image of the seal when the document is copied or reproduced. An Architect may not affix or authorize the affixation of …

(a) Construction documents: (1) On every Construction Document prepared by an Architect or under an Architect's Supervision and Control, the Architect shall affix or cause the affixation of: (A) the Architect's seal; (B) the Architect's signature (across the face of the seal's im…

A municipality or county required to submit a report under this section shall retain the following records and information for a minimum of four years following the fiscal year covered by the report (regardless of whether such report was filed timely, late, or not at all) and, up…

(a) The Hearings Director or examiner may direct the parties, the parties' authorized representatives, or both, to appear at a prehearing or posthearing conference to consider the following, as may be applicable: (1) motions and other preliminary matters relating to the proceedin…

Alternative dispute resolution uses a wide variety of processes that may be informal or formal and that are intended to achieve conflict resolution through agreement of the parties to the conflict. Those processes include non-binding arbitration, collaborative problem-solving, co…

(a) Except as provided in Subsection 1.105, an Architect may not affix or authorize the affixation of his/her seal to any document unless the document was prepared by the Architect or under the Architect's Supervision and Control. (b) If only a portion of a document was prepared …

(a) The Health and Safety Code, §161.081, requires that each person who sells tobacco products at retail or by vending machine shall post a sign in a location that is conspicuous to all employees and customers and that is close to the place at which the tobacco products may be pu…

The examiners will not consider any stipulation or agreement unless it is in writing and signed by the parties or their authorized representatives, or dictated into the record during the course of the proceeding. This section does not limit a party's ability to waive or modify by…

(a) A person may not act as an impartial third party unless the person has the qualifications specified in Civil Practice and Remedies Code, §154.052 and has no personal interest or stake in the outcome of the dispute. (b) An impartial third party is subject to the standards and …

(a) An Architect may not affix or authorize the affixation of the Architect's seal to a Prototypical Construction Document derived from a Prototypical design prepared by another person unless: (1) the Architect thoroughly reviews and makes appropriate changes to all aspects of th…

(a) The executive director shall designate a department employee as the department's alternative dispute resolution coordinator. (b) The person designated as the alternative dispute resolution coordinator must have completed a minimum of 40 classroom hours of training in dispute …

(a) A motion for continuance shall: (1) be in writing and served in accordance with §1.45 of this title (relating to Service in Protested Contested Cases; (2) be filed not less than five business days prior to the hearing, except for good cause shown; (3) set forth the specific g…

(a) An Architect shall provide a written statement of jurisdiction to each client for whom the Architect renders an architectural service in Texas. (b) The statement of jurisdiction shall: (1) state that "The Texas Board of Architectural Examiners has jurisdiction over complaints…

When two or more applications, petitions, or other proceedings involve common questions of law or fact, the appropriate division director, the Hearings Director or the examiner may consolidate the proceedings or direct that there be a joint hearing without formal consolidation an…

(a) Alternative dispute resolution is available for a dispute relating to the department unless a rule of the commission provides an exclusive procedure to address that type of dispute or specifically provides that alternative dispute resolution will not be used for that type of …

The Commissioners or the Hearings Director may dismiss, with or without prejudice, any proceeding under such conditions and for such reasons as are found to be just and reasonable, including the following: (1) failure to prosecute; (2) unnecessary duplication of proceedings or re…

(a) When the alternative dispute resolution coordinator receives a referral or request for the use of alternative dispute resolution, the coordinator will assess whether an alternative dispute resolution process is appropriate for the dispute and, if so, will determine the type o…

All hearings shall be open to the public and, except as otherwise required by law, shall be held in Austin. The Commissioners or the Hearings Director may designate another place of hearing if for good cause and in the public interest.

The confidentiality of a communication or record relating to an alternative dispute resolution process is governed by Civil Practice and Remedies Code, §154.073.

(a) Opening the hearing. The examiner shall call the hearing to order and make a concise statement of its scope and purposes. All parties shall then enter their appearances. Thereafter, parties may make motions or opening statements. (b) Order of procedure. Parties shall be permi…

(a) Content of Statement of Grounds. The Statement of Grounds must contain the reasons the taxpayer disagrees, in whole or in part, with the agency's determination, refund denial, or other action. The taxpayer must list and number the contested items or transactions, individually…