Texas Administrative Code

(a) Statement of purpose. Texas Agriculture Code (the Code), § 12.032 , added by the 74th Legislature, provides that the Commissioner of Agriculture and the Chief Administrative Law Judge of SOAH by rule shall adopt a memorandum of understanding (MOU) under which SOAH conducts he…

(a) Purpose. It is the purpose of this section to define service-enriched housing for the Housing and Health Services Coordination Council. (b) Definition. For the purpose of directing the work of the Housing and Health Services Coordination Council and its work products, includi…

(a) The department shall not consider applications submitted after the published due date unless the deadline has been revised for all applicants. (b) The department will perform an administrative review to determine applicant eligibility and responsiveness to the request for gra…

(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) Applications must be submitted in the manner specified in the request for grant applications and in accordance with this subchapter. (b) Eligible applicants shall submit a project request in the format prescribed by the department in the request for grant applications issued …

(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…

The expenditure of grant funds by a grant recipient shall be documented and the funds used only for activities directly related to the purpose of the ZAPD Grant Program. Notes 4 Tex. Admin. Code § 1.1203 The provisions of this §1.1203 adopted to be effective August 4, 2013, 38 Te…

(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) 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) The purpose of this subchapter is to establish a framework for informing compliance with the requirements of Tex. Gov't Code §§ 2306.6722 , 2306.6725 , and 2306.6730 , and the requirements of the Americans with Disabilities Act, Section 504 of the 1973 Rehabilitation Act (Sec…

(a) Any actual or prospective bidder, offeror, or contractor who asserts or complains of improper process or a procedural defect in connection with the Department's solicitation, evaluation, or award of a contract may file a formal protest with the Responsible Individual. (b) A f…

(a) Statement of Purpose. Senate Bill 372, Article 7, §7.03, 74th Legislative Session (1995) now codified at Texas Agriculture Code, Chapter 132, Subchapter A, requires the Texas Department of Agriculture (TDA) to enter into a memorandum of understanding (MOU) with the Texas Depa…

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…

(a) A family leave pool is established to provide eligible employees more flexibility in: (1) bonding with and caring for children during a child's first year following birth, adoption, or foster placement; and (2) caring for a seriously ill family member or the employee themselv…

(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. (…

(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) Purpose. It is the purpose of this section to provide a standard by which Developments funded by the Department offer an integrated housing opportunity for Households with Disabilities. This rule is authorized by Tex. Gov't Code, § 2306.111(g) that promotes projects that prov…

(a) The department will charge fees for copies of public information or access to public information in accordance with the Public Information Act, Texas Government Code, Chapter 552 and the cost rules promulgated by the Office of the Attorney General of Texas in Texas Administra…

(a) Generally, housing designed and constructed for first occupancy after March 13, 1991, must comply with the Fair Housing Act. This includes Units, common areas, and amenities added to existing buildings, or on land under common ownership and contiguous with housing otherwise e…

(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) All pleadings shall be typewritten or printed, double-spaced, upon paper 8 1/2 inches wide and 11 inches long with an inside margin at least one inch wide, and exhibits annexed thereto shall be folded to the same size. Reproductions are acceptable, provided all copies are cle…

(a) A sick leave pool is established to help alleviate hardship caused to an employee and employee's immediate family if a catastrophic illness or injury forces the employee to exhaust all accrued paid leave time earned by that employee and to lose compensation from the state. (b…

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,…

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 …

(a) The requirements described in this subsection relate to construction or facility improvements in DOE WAP, HOME, HOME-ARP, CDBG, NSP, HHSP, EH Fund, TCAP-RF, and ESG Subrecipients, or other fund source required by state or federal law or regulation to have bonding for construc…

(a) Capitalized words used herein have the meaning assigned in the specific Chapters and Rules of this Part that govern the program to which a Household or Family level recipient or beneficiary has applied, or as assigned by federal or state law. (b) This policy applies for any f…

(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) 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-…

(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 all documentation on the purchasing process that is the subject of a protest or appeal in accordance with the Department's records retention schedule. Notes 4 Tex. Admin. Code § 1.1104 The provisions of this §1.1104 adopted to be effective March 26, 2…

An advisory council for each major resource system shall be established with not more than twelve and not less than six members representing the member libraries of the system. Notes 13 Tex. Admin. Code § 1.111 The provisions of this §1.111 adopted to be effective April 8, 2010, …

(a) Definitions. The following words and terms, when used in this section, will have the following meanings, unless the context clearly indicates otherwise. (1) Advisory letter--A letter by the commissioner or an OCCC employee providing an informal advisory response to a question…

This subchapter does not apply to grant awards made by the Department, or any grant programs administered by the Department. Notes 4 Tex. Admin. Code § 1.1105 The provisions of this §1.1105 adopted to be effective March 26, 2013, 38 TexReg 1971; Amended by Texas Register, Volume …

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) A protesting party who is not satisfied with the determination of the Responsible Individual may appeal the determination to the Commissioner or, upon the Commissioner's delegation, to the Deputy Commissioner. The appeal must be submitted in writing and received by the Commis…

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…

(a) Purpose. The purpose of this rule is to provide the procedural steps by which an appeal can be filed relating to Department decisions as authorized by Tex. Gov't Code § 2306.0321 and § 2306.0504 which together require an appeals process be adopted by rule for the handling of …

Library directors of accredited libraries shall designate a member library representative and one alternate. Representatives may include board members, others qualified by knowledge and/or experience to represent a library, the library director, and library staff. The representat…

(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…

Unless otherwise provided for in the APA or this chapter, the Texas Rules of Civil Procedure may be applied to govern procedural matters in proceedings before the department where, in the determination of the administrative law judge, such rules are practicable. Notes 4 Tex. Admi…

(a) These rules shall govern the procedure for the institution, conduct, and determination of proceedings before the department including hearings referred to SOAH. They shall not be construed so as to enlarge, diminish, modify, or alter the jurisdiction, powers, authority, or th…

(a) Any motion relating to a pending proceeding shall, unless made during a hearing, be written, set forth the relief or order sought and the specific reasons and grounds therefor, and be timely filed with the hearings clerk or other staff member primarily responsible for legal s…

(a) Purpose. The purpose of this section is to establish standards of conduct to govern the relationships between the department, its officers and employees, and private organizations or donors in accordance with Texas Government Code, § 2255.001 . (b) Definitions. The following …

(a) Purpose. The purpose of this section is to inform compliance with Tex. Gov't Code Ch. 2105, Administration of Block Grants. (b) Applicability. This rule applies to all funds administered by the Department that are subject to Tex. Gov't Code Ch. 2105. The activities administer…

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) In an appropriate proceeding, to assist in the disposition of the proceeding without expense or burden to the parties or the department, the administrative law judge may direct the parties, their attorneys, or representatives to appear before the administrative law judge for …

(a) A review panel appointed by the commissioner shall review grant proposals and make a recommendation to the commissioner for awarding the grants. (b) The review panel shall be composed of the following: (1) one person having experience or expertise in developing elementary and…

Consistent with notices required by law, the department may consolidate or separate matters following the provisions of the Texas Rules of Civil Procedure, Rule 174. Notes 4 Tex. Admin. Code § 1.16 The provisions of this §1.16 adopted to be effective January 18, 1991, 16 TexReg 1…

The Zero Agricultural Pest and Disease (ZAPD) Grant Program is designed to provide grants to eligible institutions of higher education to conduct plant pest and disease detection and surveillance to detect plant pests and diseases newly introduced to this state or to a certain ar…

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…