ADMINISTRATION

(a) An architectural plan or specification for the construction, enlargement, or alteration of a privately owned building shall be prepared by an Architect or under the Supervision and Control of an Architect unless an engineer may prepare the architectural plan or specification …

(a) An architectural plan or specification, as defined by § 1.210 (b) of this title (relating to Architectural Plans and Specifications), for a new building constructed and owned by a public entity where the total projected building construction costs at the commencement of const…

(a) For purposes of Section 1051.606 of the Texas Occupations Code, a structural change is "substantial" if the engineering plans and specifications for the structural change must be prepared by a licensed engineer pursuant to Chapter 1001 of the Texas Occupations Code. (b) For p…

(a) An architectural plan or specification for the construction of any new building or for the modification of any existing building intended for use as an institutional residential facility shall be prepared by an Architect, under the Supervision and Control of an Architect, or …

If, in the course of his/her work on a project, an Architect becomes aware of a course of action taken against the Architect's advice which may violate an applicable state or local building law or regulatory provision and which is likely, in the Architect's judgment to have a mat…

An Architect or a person working under the Supervision and Control of an Architect shall conduct construction observation of the construction of a new building or the alteration or addition of an existing building which is subject to § 1.211 of this title (relating to Privately O…

(a) A person may apply for architectural registration by reciprocal transfer if the person holds an architectural registration that is active and in good standing in another jurisdiction and the other jurisdiction: (1) has licensing or registration requirements substantially equi…

(a) An Applicant for architectural registration by examination must apply through NCARB. The Applicant is responsible for having NCARB transmit to the Board a completed application with all required supporting documentation. (b) An Applicant for architectural registration by reci…

(a) Unless specifically indicated, the Administrative Procedure Act (APA) applies to all Contested Cases involving matters under the jurisdiction of the Board. (b) The Rules of Procedure of the State Office of Administrative Hearings (SOAH) apply to formal hearings of Contested C…

(a) The Board shall investigate Contested Case matters and attempt to resolve Contested Cases informally as provided in Subchapter I of this chapter (relating to Disciplinary Action). However, if a Contested Case is not settled informally pursuant to Subchapter I of this chapter,…

(a) SOAH shall conduct formal hearings in accordance with the APA, the Rules of Procedure of SOAH, the Architects' Registration Law, the Rules and Regulations of the Board, and case law, provided that: (1) An administrative law judge may, by order, modify the requirements of the …

(a) If suspension of a person's registration is the appropriate sanction for a violation of a statutory provision or rule enforced by the Board, the Board and the administrative law judge shall apply the following guidelines to determine whether the suspension will be active or p…

(a) A properly submitted application for registration by examination will be effective for three years from the date it is received by the Board. After three years, the Board may require the Applicant or Candidate to update the application or reapply. (b) Each Candidate approved …

(a) An Applicant, Candidate or a person enrolled or planning to enroll in an accredited architectural educational program may make a written request to the Board's executive director for a preliminary criminal history evaluation letter which states the person's eligibility for re…

Pursuant to Texas Family Code § 232.0135 , the Board shall not approve an application for registration from an Applicant who has failed to pay court ordered child support. The Board shall refuse to approve such an application upon receipt of notice of the child support arrearage …

(a) Every Applicant for architectural registration by examination in Texas must successfully complete all sections of the Architect Registration Examination (ARE). (b) The Board may approve an Applicant to take the ARE only after the Applicant has completed the educational requir…

(a) An explanation of the scoring procedures for the ARE shall be provided to each Candidate prior to examination. (b) A Candidate's ARE scores shall be determined by the entity that administers the examination. The Board shall not review any ARE score to determine its validity. …

(a) In order to qualify for registration by examination, a Candidate must schedule and pass all sections of the Architect Registration Examination (ARE) within the time period required by NCARB. (b) If a Candidate has successfully passed a section of the examination that has expi…

(a) A Candidate's examination score may be transferred from one NCARB member board to another. The acceptance of the Candidate's score by the board receiving the score shall terminate the Candidate's application with the board transferring the score so that the Candidate has an a…

(a) In accordance with the Americans with Disabilities Act (ADA), every registration examination must be conducted in an accessible place and manner, or alternative accessible arrangements must be afforded so that no qualified individual with a disability is unreasonably denied t…

The following words, terms, and acronyms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise. (1) The Act--The Architects' Registration Law. (2) Administrative Procedure Act (APA)--Texas Government Code §§ 2001.001 et seq.…

(a) The fund established by the 76th Texas Legislature to provide financial assistance to Texas ARE Candidates shall be administered by the Board or, if authorized by law, by an independent scholarship administrator approved by the Board. As mandated by § 1051.653 of the Texas Oc…

(a) Certificates of registration shall be issued to individuals who have satisfied the registration requirements as described in the Architects' Registration Law and the Rules and Regulations of the Board. (b) Each certificate of registration issued by the Board shall identify th…

(a) Each Architect holding an active certificate of registration shall display it at his/her office. If an Architect maintains an office in more than one (1) location, the Architect shall display a duplicate certificate at each additional location. (b) A duplicate certificate may…

(a) An Architect may voluntarily surrender his/her registration by submitting to the Board a written notice of the voluntary surrender that has been signed by the Architect. The voluntary surrender of a registration shall invalidate the registration. A registration that has been …

(a) The Board shall send via email an annual registration renewal notice to each Architect. An Architect must notify the Board in writing (email, fax, on the Board's Web site, or by U.S. mail) each time the Architect's email address or mailing address of record changes. The writt…

(a) Once the Revocation or Surrender of an Architect's registration is effective, the registration may be reinstated only after an application for reinstatement is properly submitted and approved and the prescribed reinstatement fee is paid. THE BOARD IS NOT PERMITTED TO REINSTAT…

(a) An Architect whose registration is in Good Standing may apply for emeritus registration status on a form prescribed by the Board. In order for an Architect to obtain emeritus status, the Architect must demonstrate that: (1) he/she has been registered as an architect for at le…

(a) An Architect whose registration is in good standing may apply for Inactive registration status on a form prescribed by the Board. (b) An Inactive Architect may not Practice Architecture. The prohibition against the Practice of Architecture by Inactive Architects applies to ar…

(a) For the purposes of this Section, the following definitions shall apply: (1) Approved Subject Areas--The following are the Approved Subject Areas for qualifying continuing education: (A) Construction and Evaluation--Areas related to construction contract administration and po…

(a) The Board shall send an annual notice to each person who must pay a fee that is due annually. Each annual notice shall be sent to the intended recipient's current address of record. Every annual fee must be paid regardless of whether an annual notice is received. (b) Every 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 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…

(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 …

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

The purpose of these sections is to provide a definition of the term "special waste from health care-related facilities (SWFHCRF)," approve methods for the treatment and disposition of the waste, identify the entities that are subject to the provisions of these sections, and prov…

The following words and terms, when used in this subchapter, shall have the following meanings unless the context clearly indicates otherwise. (1) Anatomical remains--The remains of a human body donated for the purposes of teaching or research to a medical school, a teaching hosp…

(a) Exemptions. (1) Unless an item is specifically exempted, all special waste from health care-related facilities must be treated as provided in these sections. (2) These sections do not apply to: (A) teeth; (B) human fetal tissue as defined in the Texas Health and Safety Code, …

(a) This subchapter does not apply to embryonic and fetal tissue remains subject to Texas Health and Safety Code, Chapter 697. (b) These sections apply to special waste from health care-related facilities generated by the operation of the following publicly or privately owned or …

All manufacturers of commercially-available alternate technologies, equipment, or processes designed or intended for the treatment of special waste from health care-related facilities, except those meeting the standards of § 1.133 (b) of this title (relating to Scope, Covering Ex…

(a) Introduction. The following treatment and disposition methods for special waste from health care-related facilities are approved by the department for the waste specified. Where a special waste from a health care-related facility is also subject to the sections in Chapter 289…

The appropriate regulatory programs of the department shall incorporate the definition and methodology contained in these provisions into their respective general program rules and shall formulate and present for the Executive Commissioner's consideration such additional rules as…

The following words and terms, when used in this section, have the following meanings, unless the text indicates otherwise. (1) Applicant--An individual referred by the Department of Public Safety to the Medical Advisory Board (MAB) for medical review to include applicants define…

(a) MAB Membership. (1) The commissioner appoints MAB members from: (A) persons licensed to practice medicine in Texas, including physicians who are board-certified in internal medicine, psychiatry, neurology, physical medicine, or ophthalmology and are jointly recommended by the…

In accordance with the Government Code, § 2161.003 , the Department of State Health Services (department) adopts by reference the rules of the Texas Building and Procurement Commission (TBPC) found at Title 1 Texas Administrative Code §§ 111.11- 111.28 concerning the Historically…

(a) This section establishes the methods by which the public, consumers, and service recipients can be notified of the mailing addresses and telephone numbers of appropriate Texas Department of Health (department) divisions, programs, and offices for the purpose of directing comp…

The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise. (1) Commissioner--The commissioner of the Texas Department of State Health Services. (2) Department--The Texas Department of State Health Serv…

The purpose of these sections is to: (1) define abuse or neglect of a child and describe procedures for reporting and investigating in accordance with the Family Code, Chapter 261; and (2) define abuse, neglect or exploitation of an elderly or disabled person and describe procedu…

The provisions of this undesignated head shall apply to the Texas Department of Health's investigation of abuse or neglect of a child or abuse, neglect or exploitation of an elderly or disabled person which occurs in any facility licensed, certified, registered, or operated by th…

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. (1) Agent--An individual not employed by a facility but working under the auspices of the facility, such as a volunteer, student, or con…