ADMINISTRATION

In cases in which an informal resolution between the complainant and institution is not feasible, Agency staff shall evaluate the results of the investigation of the student complaint and recommend a course of action to the Commissioner. If Agency staff finds the complaint to be …

(a) The department will obtain the Texas Historically Underutilized Business Certification Directory from the Texas Comptroller of Public Accounts to identify minority and female-owned businesses certified as HUBs in the state. (b) The department will use the directory to solicit…

During the investigation of a student complaint, Agency staff shall, in appropriate cases, attempt to facilitate an informal resolution to the complaint that is mutually satisfactory to the complainant and institution. Notes 19 Tex. Admin. Code § 1.117 The provisions of this §1.1…

(a) If a student complaint form concerns compliance with the statutes and regulations that the Agency administers and the Agency has not referred the complaint to another entity, the Agency will initiate an investigation, as described in subsections (b) - (h) of this section. (b)…

(a) For this section, the word Subrecipient also includes Multifamily Development Owners who have Direct Loan or HOME-ARP Funds or grants, or 811 PRA assistance. The Department requires Subrecipient organizations, and any entities who perform services and assistance on their beha…

To enable the Board to comply with the requirements of the legislature concerning the collection of data, each public junior and senior institution of higher education shall submit such reports to the Board as may be prescribed by the Educational Data Reporting System. Notes 19 T…

The following principles shall apply in Alternative Dispute Resolution (ADR) implemented for contested cases: (1) Any resolution reached as a result of the ADR procedure should be through the voluntary agreement of the parties. (2) ADR procedures shall be consistent with the Tex.…

(a) For each matter referred for ADR procedures, the ADR coordinator may select a neutral third party to facilitate the proceeding. The ADR coordinator may assign a substitute or additional neutral third party to a proceeding as he or she deems necessary. (b) If all the participa…

To the extent practicable, the Board shall establish a pool of staff mediators to resolve contested cases through ADR procedures. (1) Each staff mediator shall receive 40 hours of formal training in ADR procedures through programs approved by the ADR coordinator, and shall be qua…

Agreements of the participants reached as a result of ADR must be in writing, and are enforceable in the same manner as any other written contract. Notes 19 Tex. Admin. Code § 1.34 The provisions of this §1.34 adopted to be effective February 26, 2004, 29 TexReg 1658

When ADR procedures do not result in the full settlement of a contested case, the participants, in conjunction with the mediator, shall limit the contested issues through the entry of written stipulations. Such stipulations shall be forwarded or formally presented to the ALJ who …

When formal procedures are required in a Board meeting, the meeting shall be conducted under the rules of parliamentary law as set forth in the current edition of Roberts Rules of Order. Notes 19 Tex. Admin. Code § 1.4 The provisions of this §1.4 adopted to be effective February …

(a) The procedures contained in this subchapter in relation to contract disputes are exclusive and required prerequisites to suit under the Civil Practice & Remedies Code, Chapter 107, and the Government Code, Chapter 2260. (b) This subchapter does not waive the Board's sovereign…

The following words and terms, when used in relation to contract disputes, shall have the following meanings, unless the context clearly indicates otherwise: (1) Claim--A demand for damages by the contractor based upon the Board's alleged breach of the contract. (2) Contract--A w…

(a) If the agency asserts a counterclaim under the Government Code, Chapter 2260, notice of the counterclaim shall be filed as provided by this section. (b) The notice of counterclaim shall: (1) be in writing; (2) be delivered by hand, certified mail return receipt requested or o…

(a) Upon the filing of a claim or counterclaim, the parties may request to review and copy, without limitation, the following information that may be in the possession or custody, or that is subject to the control of the other party, and that pertains to the contract claimed to h…

The parties shall negotiate in accordance with the timetable set forth in § 1.45 of this title (relating to the Negotiation Timetable), to attempt to resolve all claims and counterclaims. No party is obligated to settle with the other party as a result of the negotiation. Notes 1…

(a) After the agency's General Counsel has determined that the petition for contested case status contains all essential requirements under §1.24, (relating to Mandatory Contents of a Petition for Contested Case Status), and has referred the case to the agency's officer, designat…

(a) The parties' settlement approval procedures shall be disclosed prior to, or at the beginning of, negotiations. To the extent possible, the parties shall select negotiators who are knowledgeable about the subject matter of the dispute, who are in a position to reach agreement,…

(a) A settlement agreement may resolve an entire claim or any designated and severable portion of a claim. (b) To be enforceable, a settlement agreement must be in writing and signed by representatives of the parties who have authority to bind each party. (c) Partial settlement d…

(a) If a claim for breach of contract is not resolved in its entirety through negotiation, mediation or other assisted negotiation process in accordance with this subchapter on or before the 270th day after the agency receives the notice of claim, or after the expiration of any e…

(a) The chair of the Board shall appoint committees from the Board's membership as appropriate to conduct the business of the Board and shall designate the chair and vice chair of each committee. (b) A committee meeting may be called by the committee chair. The designated committ…

(a) The Board may appoint advisory committees from outside the Board's membership to advise the Board as it may deem necessary. (b) The use of advisory committees by the Board shall be in compliance with the provisions of Texas Government Code, Chapter 2110 regarding the composit…

Formal contested case hearings shall be conducted for the Board by SOAH, as authorized by Chapters 2001 and § 2003.021 of the Texas Government Code. Notes 19 Tex. Admin. Code § 1.60 The provisions of this §1.60 adopted to be effective February 26, 2004, 29 TexReg 1658

(a) Designations of parties are as follows: (1) Petitioner--the party requesting a hearing. (2) Respondent--the party named as such by the petitioners. (3) Intervenor--a person who shows an administratively cognizable or justiciable interest in the contested case. (b) Regardless …

(a) All parties to a formal contested case hearing shall be mailed written notice at least 15 calendar days before the date set for the hearing. The notice shall include: (1) a statement of time, place, and nature of the hearing; (2) a statement of the legal authority and jurisdi…

If any party to a contested case hearing at SOAH files proposed findings of fact and conclusions of law within 10 days of the date on which the record is closed, or within any other period of time that the ALJ may prescribe, the ALJ shall rule on each proposal. Notes 19 Tex. Admi…

(a) If party who filed the petition for contested case status fails to appear on the day and time set for the hearing, the Commissioner may move in that party's absence for a default, and the ALJ may issue a proposal for decision against the defaulting party. In the proposal for …

(a) Pursuant to Chapter 2001 of the Texas Government Code, every party has the right to file exceptions to the Proposal for Decision issued by the ALJ and to present a brief with respect to the exceptions. (b) All exceptions must be mailed within 10 working days of the proponent'…

(a) The Board shall take up the Proposal for Decision and adopt a final order in a contested case at the next regularly scheduled Board meeting after the hearing is finally closed, if sufficient time remains before the meeting for the parties to receive proper notice. (b) At leas…

A motion for rehearing shall be filed not later than the 20th day after the party or the party's attorney of record is notified of the final decision or order that may become final under Texas Government Code, § 2001.144 . The procedures for a Motion for Rehearing shall be those …

(a) An interested person by petition to the agency may request the adoption, amendment, or repeal of a rule. (b) A petition under this section shall be in writing and shall contain: (1) a specific reference to the agency's statutory authority to enact such a rule; (2) the chapter…

In accordance with the Government Code, § 2161.003 , the Board adopts by reference the rules of the Comptroller, found at Title 34 Texas Administrative Code, §§2.281 - 2.298, concerning the Historically Underutilized Business (HUB) Program. For purposes of implementing the Comptr…

(a) This subchapter establishes the criteria, procedures, and standards of conduct governing the relationship between the Texas Higher Education Coordinating Board (Board) and its officers and employees and private donors and private organizations that exist to further the duties…

Once the Agency receives a student complaint form, the Agency may refer the complaint to another agency or entity as follows: (1) Complaints alleging that an institution has violated state consumer protection laws, e.g., laws related to fraud or false advertising, may be referred…

(a) The Texas Higher Education Foundation is designated as the official nonprofit partner of the Board. (b) The Chair of the Board and the Board of Trustees of the Texas Higher Education Foundation may cooperatively appoint a board of trustees for the organization, subject to the…

(a) A private donor may make a donation to the Board to be used or spent for specified or unspecified public higher education purposes. If the donor specifies the purpose, the Board must use or expend the donation only for that purpose. (b) The Board shall use or spend all donati…

(a) A private donor may make a donation to the Texas Higher Education Foundation to assist in accomplishing the duties of the Board. (b) The Texas Higher Education Foundation shall administer and use the donation in accordance with the provisions in the memorandum of understandin…

(a) The Board may provide to the Texas Higher Education Foundation: (1) fundraising and solicitation assistance; (2) staff services to coordinate activities; (3) administrative and clerical services; (4) office and meeting space; (5) training; (6) any service or agreement authori…

(a) A Board officer or employee shall not accept or solicit any gift, favor, or service from a private donor that might reasonably tend to influence his/her official conduct. (b) A Board officer or employee shall not accept employment or engage in any business or professional act…

The relationship between a private donor, Texas Higher Education Foundation, and the Board, including fundraising and solicitation activities, is subject to all applicable federal and state laws, rules and regulations, and local ordinances governing each entity and its employees.…

(a) The student complaint form is available on the Agency's website. All complaints must be submitted to the Agency on the student complaint form. (b) Complainants shall submit student complaint forms through the online process provided on the agency's website, by electronic mail…

The governing body of each Subrecipient must adopt and implement for the term of the Contract travel policies that adhere to 2 CFR Part 200 , for cost allowability. The Subrecipient must follow either the federal travel regulations or State of Texas travel rules and regulations f…

The purpose of this subchapter is to encourage historically underutilized businesses (HUBs) to bid for contract and open market purchases of the department and to maximize contracting opportunities for HUBs. Notes 4 Tex. Admin. Code § 1.71 The provisions of this §1.71 adopted to …

(a) Statutory authority for this subchapter is provided in the Texas Education Code (TEC), Chapter 61, §61.8221. (b) The Study and Report on Core Curriculum Advisory Committee is created to provide the Board with recommendation(s) regarding the effectiveness of the requirements r…

(a) A final decision or order in a contested case shall comport with all of the requirements of the APA, §2001.141, and shall be served on parties in accordance with the APA, §2001.142. (b) A final decision or order issued in a contested case shall be issued within 60 days from t…

Grant recipients shall submit required reports in accordance with department procedures, and as specified in the grant agreement entered into by the department and the grant recipient. Notes 4 Tex. Admin. Code § 1.1206 Adopted by Texas Register, Volume 48, Number 37, September 15…

The following is a non-exhaustive list of student complaints that are not reviewed by the Agency: (1) The Agency does not handle, investigate, or attempt to resolve anonymous complaints. (2) The Agency does not intervene in matters solely concerning an individual's grades, examin…

The Rules and Regulations of the Board are set forth for the purpose of interpreting and implementing the Architects' Registration Law. Notes 22 Tex. Admin. Code § 1.1 The provisions of this §1.1 adopted to be effective March 17, 1988, 13 TexReg 1137; amended to be effective Marc…

(a) Each institution shall post information regarding the complaint procedure outlined in this subchapter on its website. Such information shall: (1) contain, at a minimum, contact information for filing student complaints with the Agency, a description of the complaint procedure…