ADMINISTRATION

(a) The department requires prepayment of all charges prior to release of public information, unless the charges total $100 or less. The requestor will be contacted by a department representative once the cost of filling the request is determined. Each component of the total char…

(a) Purpose. The purpose of this section is to establish procedures whereby the department determines if private real property rights are affected by governmental action taken by the department or the commissioner of agriculture. (b) Categorical Determination. Categorical determi…

In any case in which a public emergency or imperative public necessity so requires, the department may suspend the operation of these rules. Notes 4 Tex. Admin. Code § 1.49 The provisions of this §1.49 adopted to be effective December 30, 1994, 19 TexReg 9993.

(a) All pleadings filed by any party relating to any contested proceeding pending or to be instituted before the department shall be filed with the hearings clerk or other staff member primarily responsible for legal support to the administrative law judge for the department, and…

If any provision of any rule contained in this chapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the rule which can be given effect without the invalid provision or application, and to this…

The commissioner of agriculture (the commissioner) or any person designated by the commissioner shall develop procedures and guidelines for determining obligations owed to the department and the appropriate means of collecting such debts. Notes 4 Tex. Admin. Code § 1.51 The provi…

(a) The division responsible for determining an obligation is owed the department shall cause a demand letter to be sent no later than 30 days after the obligation becomes delinquent. A notation shall be made that a copy is being sent to the attorney general who may file a lawsui…

(a) The chief legal officer shall decide whether to refer a matter to the attorney general for collection. This decision and any referral generally should be made no later than 60 days after the second demand letter is sent. The 60-day guideline in this subsection shall not apply…

The department will maintain records identifying all persons or entities liable for delinquent obligations and the correct physical address of the debtor's place of business and/or residence, if available. Such records should also contain collection histories on each debtor showi…

For good cause, the commissioner may make exceptions to the procedures in §§ 1.51 - 1.54 of this title (relating to Collection of Debts). Notes 4 Tex. Admin. Code § 1.55 The provisions of this §1.55 adopted to be effective August 3, 1993, 18 TexReg 4747.

(a) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise. (1) Business day--Any day during which the United States Post Office or during which the department is open for business f…

Unless otherwise provided by statute, time periods provided for in these rules shall be computed and enlarged as provided in the Texas Rules of Civil Procedure, Rules 4 and 5. Notes 4 Tex. Admin. Code § 1.6 The provisions of this §1.6 adopted to be effective January 18, 1991, 16 …

(a) The Texas Agriculture Code, Chapters 128 and 188 provide for the establishment of liens in favor of sellers of agricultural chemicals, agricultural seeds, or animal feed, or of a provider of labor in connection with the agricultural chemicals, agricultural seeds, or animal fe…

(a) If there is a dispute as to the amounts owed a lien claimant for agricultural chemicals or feed or the costs of labor associated therewith as defined under the Texas Agriculture Code, Chapters 128 and 188, an attempt at resolving the dispute may be submitted to the department…

(a) Within seven days of receipt of a request for setting in accordance with § 1.602 of this chapter (relating to Submitting a Dispute for Settlement), the department shall: (1) assign a docket number to the matter; (2) appoint a facilitator to conduct a settlement conference; (3…

(a) Party representatives with authority to negotiate a settlement and all other persons necessary to negotiate a settlement must attend the settlement conference in person or virtually through video conferencing. (b) Parties and their representatives attending the settlement con…

(a) The dispute shall be evaluated using the definitions and standards provided in the Texas Agriculture Code, Chapters 128 and 188 and any documentation provided by parties in support of their positions. (b) The department facilitator shall act as an impartial third party in the…

(a) The results of the settlement conference are not binding unless the parties agree otherwise. (b) If the parties reach a settlement and choose to execute a written agreement disposing of the dispute, the agreement is enforceable in the same manner as any other written contract…

(a) Any notes or record made of a settlement conference conducted under this subchapter are confidential, and may not be disclosed unless all parties to the dispute consent to the disclosure. (b) A facilitator conducting a settlement conference under this subchapter may not be re…

(a) Fees for reasonable costs incurred by the department in conducting settlement conferences under this subchapter shall be apportioned equally among parties to the conference. (b) Fees may include: (1) the costs of securing a venue suitable to facilitate the resolution of the d…

No agreement between the parties, their attorneys, or representatives, with regard to any matter involved in any proceedings before the department shall be enforced unless it be in writing, signed and filed with the hearings clerk as part of the record of the case, or it be read …

The department may use state funds to provide training and education for its employees in accordance with the provisions of the Texas Government Code, Chapter 656, Subchapters C and D. (1) Training to be duty related. The training or education must be related to the duties or pro…

(a) Employee Training Eligibility. Employees are eligible to participate in training opportunities, subject to department policy, managerial discretion, and available funds. Eligibility for training is determined without regard to race, color, disability, religion, sex, gender, n…

(a) Approval subject to available funds. Approval to participate in or receive reimbursement for a training and education program is not automatic and may be subject to the availability of funds within the department's budget. (b) Attendance may be required. A department employee…

(a) General Employee Obligations. Employees participating in the department's training and education programs are obligated to comply with department policies and procedures. (b) Employee Reimbursement Obligations. Employees who qualify for and receive educational assistance tuit…

Approval to participate in the department's training and education programs, including tuition reimbursement, shall not in any way affect and employee's at-will status. Participation in these programs does not constitute a guarantee or indication of continued or future employment…

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) 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…