TAX ADMINISTRATION

(a) Each postsecondary educational institution shall adopt a policy on sexual harassment, sexual assault, dating violence, and stalking applicable to each enrolled student and employee of the institution and have the policy approved by the institution's governing body. The policy…

(a) No pipeline or other carrier shall be connected with any well subject to the jurisdiction of the Commission until the operator of the well provides the pipeline or other carrier with a certificate from the Commission that the rules in this title have been complied with. This …

(a) If the parties do not resolve a claim of breach of contract in its entirety through negotiation or mediation in accordance with this subchapter on or before the 270th day after the Land Office receives the notice of claim, or after the expiration of any extension agreed to by…

(a) Organic growers who plant certified organic or transitional cotton will be required to pay an assessment in accordance with the Code, Chapter 74, Subchapter D, and rules adopted thereunder. This assessment will be in the amount set for the entire zone and will be billed in th…

Unless the parties agree otherwise, each party shall be responsible for its own negotiation costs, including, without limitation, fees of attorneys, consultants, and experts. Notes 16 Tex. Admin. Code § 3.71 The provisions of this §3.71 adopted to be effective August 25, 2003, 28…

(a) An employee of a postsecondary educational institution who, in the course and scope of employment, witnesses or receives information regarding the occurrence of an incident that the employee reasonably believes constitutes sexual harassment, sexual assault, dating violence, o…

(a) Not less than once every three months, the Title IX coordinator of a postsecondary educational institution shall submit to the institution's chief executive officer a written report ("Title IX Coordinator Report") on the reports received for the institution's reporting period…

Each postsecondary educational institution shall provide an option for a student enrolled at or an employee of the institution to electronically report to the institution an allegation of sexual harassment, sexual assault, dating violence, or stalking committed against or witness…

A postsecondary educational institution shall terminate the employment of an employee whom the institution determines, in accordance with the institution's disciplinary procedure, to have committed an offense under Texas Education Code Sec. 51.255 . Notes 19 Tex. Admin. Code § 3.…

(a) If an alleged victim of an incident of sexual harassment, sexual assault, dating violence, or stalking reported to a postsecondary educational institution requests the institution not to investigate the alleged incident, the institution may investigate the alleged incident in…

The Rules and Regulations of the Board are set forth for the purpose of interpreting and implementing the Landscape Architects' Registration Law. Notes 22 Tex. Admin. Code § 3.1 The provisions of this §3.1 adopted to be effective February 28, 1990, 15 TexReg 868; amended to be ef…

As provided below, a Landscape 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 3.103(a), thereby indicating…

(a) On every document requiring a Landscape Architect's seal, the Landscape 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. A Landscape Architect may not affix or …

(a) Construction Documents (1) On every Construction Document prepared by a Landscape Architect or under a Landscape Architect's Supervision and Control, the Landscape Architect shall affix or cause the affixation of: (A) the Landscape Architect's seal; (B) the Landscape Architec…

(a) Except as provided in Subsection 3.105, a Landscape Architect may not affix or authorize the affixation of his/her seal to any document unless the document was prepared by the Landscape Architect or under the Landscape Architect's Supervision and Control. (b) If only a portio…

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

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

In carrying out its responsibility to insure strict enforcement of the Landscape Architects' Registration Law (the Act), the Board may investigate circumstances which appear to violate or abridge the requirements of the Act or the rules dealing with the practice of Landscape Arch…

(a) A Landscape Architect or a Principal, on behalf of a Landscape Architecture firm, who forms a business association to jointly provide landscape architectural services with any Nonregistrant who is: (1) not an employee of the Landscape Architect or Landscape Architecture firm;…

(a) Landscape Architects duly registered in Texas are authorized to use the term "landscape architect," the term "landscape architectural," the term "landscape architecture," and any similar term to describe themselves and to describe services they offer and perform in Texas. (b)…

(a) A Landscape Architecture firm or other business entity that offers or provides landscape architectural services in Texas must annually register information regarding the firm or business entity with the Board, including an email address to which all TBAE correspondence will b…

(a) These rules of professional conduct are promulgated pursuant to the Landscape Architects' Registration Law (the Act), Chapters 1051 and 1052, Texas Occupations Code which directs the Board to make all rules consistent with the laws and constitution of Texas which are reasonab…

(a) A Landscape Architect shall undertake to perform a professional service only when the Landscape Architect, together with those whom the Landscape Architect shall engage as consultants, is qualified by education and/or experience in the specific technical areas involved. Durin…

(a) A Landscape Architect shall not practice landscape architecture in any manner which, when measured by generally accepted landscape architectural standards or procedures, is reasonably likely to result or does result in the endangerment of the safety, health, or welfare of the…

(a) A Landscape Architect may not directly or indirectly perform an act, omit an act or allow an omission, make an assertion, or otherwise engage in a practice with the intent to: (1) defraud; (2) deceive; or (3) create a misleading impression. (b) A Landscape Architect may not a…

(a) If a Landscape Architect has any business association or financial interest which might reasonably appear to influence the Landscape Architect's judgment in connection with the performance of a professional service and thereby jeopardize an interest of the Landscape Architect…

(a) A Landscape Architect shall not: (1) knowingly participate, directly or indirectly, in any plan, scheme, or arrangement having as its purpose the violation of any provision of the Act or any provision of the Rules and Regulations of the Board; (2) aid or abet, directly or ind…

(a) A Landscape Architect shall not practice or offer to practice landscape architecture in any governmental jurisdiction in which to do so would be in violation of a law regulating the practice of landscape architecture in that jurisdiction. (b) The revocation, suspension, refus…

(a) If in the course of a disciplinary proceeding, it is found by the Board that a Landscape Architect's abuse of alcohol or a controlled substance, as defined by the Texas Controlled Substances Act, Chapter 481, Health and Safety Code, contributed to a violation of the Act or th…

(a) The application of an Applicant against whom the Board has initiated an enforcement proceeding may be held at the Board's discretion, without approval, disapproval, or denial until: (1) all enforcement proceedings have been terminated by a final judgment or order and the time…

(a) For purposes of § 3.27 and § 3.149 of this chapter (relating to Provisional Licensure and Criminal Convictions), a person is not convicted for committing a criminal offense if: (1) the person entered a plea of guilty or nolo contendere; (2) the court deferred further proceedi…

This chapter shall provide a system of procedures for the initiation, investigation, prosecution, hearing and resolution of disciplinary matters and allegations involving persons who are subject to the jurisdiction of the Texas Board of Architectural Examiners. Notes 22 Tex. Admi…

(a) In computing any period of time prescribed by this subchapter, by order of the Board, or by other applicable statutory provision or rule, the period shall begin on the day after the act or the event considered and conclude at the end of the last day of such period unless the …

(a) The Board may initiate a Contested Case proceeding in response to: (1) a written complaint filed by a member of the public; (2) information provided in a registration application or renewal form; or (3) other information known to the Board which establishes probable cause. (b…

(a) A Contested Case may be resolved informally at any time. (b) If the respondent agrees in writing to a settlement agreement and the Executive Director executes the written settlement agreement, the settlement agreement shall be presented to the Board for approval or rejection.…

(a) An informal conference may be held in order to provide a respondent with the opportunity to appear and answer a charge against the respondent in person. (b) An informal conference shall be attended by the respondent and each person designated by the Executive Director to atte…

(a) The Board shall cause to be published in the Board's official newsletter, on the Board's Web site, in a newspaper, or in another publication the name of any person who has received disciplinary action by the Board. The publication may include a narrative summary of the facts …

For good cause, the Board, the Executive Director, or a person designated by the Executive Director may dismiss a Contested Case at any time after a Contested Case proceeding is commenced. Notes 22 Tex. Admin. Code § 3.168 The provisions of this §3.168 adopted to be effective Jan…

The Executive Director or a person designated by the Executive Director shall represent the Board in any alternative dispute resolution proceeding. Notes 22 Tex. Admin. Code § 3.169 The provisions of this §3.169 adopted to be effective January 8, 2002, 27 TexReg 165

(a) If a Landscape Architect fails to submit any document to the Texas Department of Licensing and Regulation as required by the Architectural Barriers Act, or a rule or procedure enacted pursuant to the Architectural Barriers Act, the Board may take disciplinary action against t…

A Landscape Architect, a Candidate or an Applicant shall answer an inquiry or produce requested documents to the Board concerning any matter under the jurisdiction of the Board within thirty (30) days after the date the person receives the inquiry. Failure to respond within thirt…

(a) Each day a violation of any statutory provision or rule enforced by the Board occurs or continues may be considered a separate violation subject to disciplinary action by the Board. (b) Each sheet of architectural plans and each separate section of the specifications which ar…

(a) A person who is not a Landscape Architect who violates any of the laws or rules over which the Board has jurisdiction is subject to any or all of the following: (1) judicial proceedings for injunctive relief; (2) criminal prosecution in a court of appropriate jurisdiction; (3…

(a) A person may file a complaint by submitting the following information to the Board: (1) the name of and contact information for the complainant unless evidence regarding a possible violation was submitted anonymously; (2) the name of the person against whom the complaint is f…

(a) If the Board's staff determines that a respondent who is a Registrant, Candidate, or Applicant appears to have engaged in the Practice of Landscape Architecture in a manner that was Reckless, Grossly incompetent, or dishonest, the matter may not be docketed at the State Offic…

(a) On a showing of good cause and on deposit of a sum reasonably estimated to cover the costs of issuing and serving the subpoena and the costs described in subsection (e) of this section, the Executive Director or the Chairman may issue a subpoena to require the attendance of a…

If the Board determines that an administrative penalty is the appropriate sanction for a violation of any of the statutory provisions or rules enforced by the Board, the following guidelines shall be applied to guide the Board's assessment of an appropriate administrative penalty…

If the Board suspends or revokes a person's certificate of registration as a result of disciplinary action, the person may not reinstate the certificate of registration or obtain a new certificate of registration unless the person: (1) demonstrates that he/she has taken reasonabl…

(a) Pursuant to § 3.21 of this chapter, an applicant for landscape architectural registration by examination must successfully demonstrate that the Applicant has gained at least 3,640 hours of experience in accordance with the following table: Attached Graphic (b) An Applicant mu…

(a) Each operator of a pipeline or gathering system, other than an operator excluded under § 8.1 (b)(4) of this title (relating to General Applicability and Standards), subject to the jurisdiction of the Commission, shall obtain a pipeline permit, to be renewed annually, from the…