Texas Administrative Code

Unless otherwise expressed by the provisions of this subchapter, all time periods shall be calculated from the date on which a development plan or hearing request is filed with the political subdivision. Notes 31 Tex. Admin. Code § 2.50 The provisions of this §2.50 adopted to be …

(a) A state entity may request a Board hearing to: (1) appeal the denial by a political subdivision of a request for rezoning, variance, or other relief in the state entity's development plan; and/or (2) request the Board to adopt or revise a development plan. (b) The state entit…

A simple majority of the board members constitutes a quorum with power to act in all cases. Notes 31 Tex. Admin. Code § 2.47 The provisions of this §2.47 adopted to be effective January 9, 2003, 28 TexReg 479

The board shall issue an order adopting or revising a development plan and/or, if applicable, rezoning the property or granting variances or other necessary relief from ordinances of a political subdivision, if, after the hearing(s), the board determines that local ordinances, ru…

(a) Each institution shall submit an Institutional Plan for Distance Education ("IPDE") containing evidence of the institution's compliance with the mandatory Principles of Good Practice for Distance Education to the Coordinating Board prior to delivering any distance education p…

(a) A development plan adopted by board order, or otherwise accepted by a political subdivision, shall be: (1) final and binding on the state, its lessees, successors in interest and assigns, and affected political subdivisions, unless subsequently revised by the board, except as…

(a) The Board shall provide notice of each hearing in accordance with the Texas Open Meetings Act, Government Code, Chapter 551, §551.045. (b) At least 14 calendar days prior to a Board hearing, the Board shall provide written notice to all political subdivisions in which the pro…

(a) The provisions of any rule referring to the board shall be construed to apply to the members of the board (including the chairperson) if the matter is within the jurisdiction of the board. Unless otherwise provided by law, a board member or the chairperson may delegate any du…

(a) A person may request a board hearing to: (1) appeal the denial by a political subdivision of a request for rezoning, variance, or other relief; and/or (2) request the board to consider or revise a development plan or order. (b) A person shall submit a hearing request in writi…

These rules shall govern the procedures for conducting public hearings before the Special Board of Review, as defined in § 2.41 of this subchapter (relating to Definitions.) Notes 31 Tex. Admin. Code § 2.40 The provisions of this §2.40 adopted to be effective January 9, 2003, 28 …

The following words, terms and phrases, when used in this subchapter shall have the following meanings, unless the context clearly indicates otherwise. (1) Board--The special board of review, chaired by the Commissioner of the General Land Office, consisting of the members of the…

The division shall submit an initial development plan or a proposed substantial amendment to the political subdivision. The political subdivision shall review and comment on the initial development plan or proposed substantial amendment in accordance with Texas Natural Resources …

(a) Notice shall be given in accordance with the Texas Open Meetings Act, Texas Government Code, Chapter 551 and the hearing will be conducted although some or all persons who wish to participate, their attorney or person authorized to speak on their behalf may fail to attend. (b…

The following shall apply to any hearing before the School Land Board, board for lease or Special Board of Review: (1) hearings shall comply with the Texas Opens Meeting Act, Texas Government Code, Chapter 551. (2) Hearings shall be recorded in a manner at the discretion of the c…

(a) Persons attending or participating in the hearings shall conduct themselves in a respectful manner that allows for orderly and polite discourse. The chairman may take appropriate actions to ensure an orderly meeting may be conducted. (b) Any person may be represented by an at…

(a) The chairman shall briefly state the nature of the hearing or meeting. The chairman will allow for the submission of documents, studies or other materials relevant to the hearing. The chairman will determine the order of the proceedings. The board may limit the number of part…

This subchapter establishes rules for all public institutions of higher education in Texas regarding the delivery of distance education. The rules are designed to provide Texas residents with access to courses and programs that meet their needs and to promote course and program q…

This subchapter applies to the following proceedings: (1) hearings before the General Land Office as provided under Texas Natural Resources Code § 31.1611 relating to hearings for public comment on development plans under Texas Natural Resource Code §31.161; (2) hearings before b…

Authority for this section comes from Texas Education Code § 61.003 , which contains several definitions for terms used throughout this chapter; and Tex. Educ. Code §61.0512, which gives the board permission to authorize new academic programs and sets certain timelines for approv…

The following words and terms, when used in this subchapter shall have the following meanings, unless context clearly indicates otherwise. (1) Board: The School Land Board, any other board for lease of state land or the Special Board of Review. (2) Chairman: The chairman of the S…

(a) The administrative law judge shall have the authority and duty to: (1) establish the jurisdiction of the agency; (2) conduct a full, fair, and impartial hearing; (3) take action to avoid unnecessary delay in the disposition of the proceeding; and (4) maintain order in the con…

(a) The board shall provide notice of each hearing in accordance with the Texas Open Meetings Act, Government Code, Chapter 551. (b) The board shall provide written notice to a political subdivision at least 14 days prior to a board hearing. Notes 31 Tex. Admin. Code § 2.45 The p…

The effective date of an order, unless otherwise stated, is the date of its signing by the commissioner. Notes 31 Tex. Admin. Code § 2.26 The provisions of this §2.26 adopted to be effective January 9, 2003, 28 TexReg 479

Administrative action shall become final upon the occurrence of any of the following: (1) issuance by the commissioner of an order and failure to file a motion for rehearing in accordance with § 2.23 of this subchapter (relating to Rehearing); or (2) issuance by the commissioner …

If the commissioner finds that an imminent peril to public health, safety, or welfare requires immediate effect of an order, such finding shall be stated in the order. The commissioner shall also state that such order is final and effective from and after the date signed. Such an…

(a) All final orders shall be in writing and shall be signed and dated by the commissioner. A final decision must include findings of fact and conclusions of law, separately stated. Findings of fact, if set forth in statutory language, must be accompanied by a concise and explici…

Except as provided in § 2.27 of this subchapter (relating to Emergency Order), a timely motion for rehearing is a prerequisite to an appeal. A motion for rehearing must be filed by a party not later than the 20th day after the date the party or the attorney of record is notified …

(a) Not later than the 30th day after the date on which the commissioner's order is final, an aggrieved party may file a petition for judicial review. (b) Judicial review of the order or decision of the commissioner shall be under the APA. (c) The party who appeals a final order …

Where permitted by law, the commissioner may, at any time after notice to all interested parties, cite any person or agency under the commissioner's jurisdiction to appear at a public hearing and require such person or agency to show cause why it should not comply with any applic…

The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise. (1) Administrative Law Judge--An individual designated by the State Office of Administrative Hearings or by the Commissioner to act as a he…

If the commissioner has not personally heard the evidence in the case or read the entire record, a decision adverse to a party other than the agency shall not be issued until after a proposal for decision has been prepared by the administrative law judge, served on all parties, a…

Authority for this subchapter is provided by Texas Education Code § 61.0512(g) , which provides the Board with the authority to approve distance education offered for credit. Notes 19 Tex. Admin. Code § 2.201 Adopted by Texas Register, Volume 48, Number 19, May 12, 2023, TexReg 2…

This subchapter establishes rules for all public institutions of higher education in Texas regarding the delivery of self-supporting courses and programs, including those delivered through off-campus or distance education instruction. This subchapter does not apply to courses not…

(a) Any party of record may, within 10 days after service of the administrative law judge's proposal for decision, file with the commissioner exceptions to the proposal for decision. Replies to such exceptions shall be filed within seven days after the date of the filing of excep…

(a) The administrative law judge acquires jurisdiction over a contested case when the legal services division of the agency, or any person authorized by statute, files a request to docket a case in the form prescribed by the administrative hearings clerk, and in accordance with §…

(a) The board shall conduct one or more public hearings for any purpose set forth in § 2.43 (a) of this subchapter (relating to Requests for Board Hearings). If the property is located in more than one city or town, the hearing(s) on any single tract of land may be combined. At l…

(a) A party may waive the right to appear at the hearing unless prohibited by law. (b) A waiver shall be in writing and filed with the administrative hearings clerk. (c) A waiver may be withdrawn by a party no later than seven days before the scheduled hearing. The administrative…

(a) Each party may: (1) call witnesses; (2) offer evidence; (3) cross-examine any witness called by a party; and (4) make opening and closing statements. (b) Once the hearing commences, all proceedings including comments and arguments of counsel shall be part of the record. The p…

(a) License term. A new residential mortgage loan originator license is effective from the date of its issuance until December 31. A license must be renewed annually in order to remain effective. After renewal, a license is effective for a term of one year, from January 1 to Dece…

(a) Requirement to maintain current information. An RMLO must maintain current information with NMLS. If any of the following items change, an RMLO must notify the OCCC by filing a license amendment through NMLS within 30 calendar days after the RMLO has knowledge of the change: …

(a) Failing to obtain license. If an individual completes the 20 hours of prelicensing education required by the S.A.F.E. Mortgage Licensing Act, 12 U.S.C. 5104(c)(1) , and fails to obtain a valid RMLO license or federal registration within five years from the date of completion,…

(a) Motions for continuance shall: (1) be in writing, and shall set forth the specific grounds upon which the party seeks the continuance; (2) be filed no later than five days before the date of the hearing; except upon a showing of good cause, the administrative law judge may co…

(a) The administrative law judge may, with consent of the parties, conduct all or part of the hearing by telephone, video, or other electronic means, if each participant in the hearing has an opportunity to participate in, hear, and, except when a telephone is used, see the entir…

This rule applies to a program that an institution seeks to close on or after September 1, 2023. Notes 19 Tex. Admin. Code § 2.172 Adopted by Texas Register, Volume 47, Number 47, November 25, 2022, TexReg 7900 , eff. 11/28/2022

(a) Required submission to NMLS. To become an RMLO, an OCCC applicant must submit the required fees to NMLS. A fee is required to be submitted at the time of application and at the time of renewal. All fees are nonrefundable and nontransferable. However, upon review of individual…

(a) If the institution where the program is located wishes to close the program, the institution shall: (1) develop and execute a teach-out plan; (2) give appropriate notification to the federally-recognized institutional accreditor and the Program's accreditor, as applicable; (3…

The authority for this subchapter is Texas Education Code § 61.002 , which directs the Board to coordinate higher education through efficient and effective use of resources and elimination of costly program duplication; Tex. Educ. Code §61.0512(e), which requires the Board to con…