Texas Administrative Code

The following factors may help parties decide whether one or more assisted negotiation processes could help resolve their dispute: (1) The parties recognize the benefits of an agreed resolution of the dispute. (2) The expense of proceeding to contested case hearing at the State O…

Parties to a contract dispute under Texas Government Code, Chapter 2260, may agree, either contractually or when a dispute arises, to use assisted negotiation (alternative dispute resolution) processes in addition to negotiation and mediation to resolve their dispute. Notes 16 Te…

If mediation does not resolve all issues raised by the claim, the contractor may request that the claim be referred to SOAH by the commission. Nothing in these rules prohibits the contractor and commission from mediating their dispute after the case has been referred for conteste…

(a) A final settlement agreement reached during or as a result of mediation that resolves an entire claim or any designated and severable portion of a claim must be: (1) in writing; and (2) signed by representatives of the contractor and the commission who have authority to bind …

(a) A canvassing committee appointed by the Commissioner shall count the ballots and verify the referendum results to the Commissioner for certification. Referendum results will be certified by the Commissioner. (b) Ballots for the referendum will be counted in a manner determine…

(a) Once a pest management zone has been designated by adoption of a rule subject to the authority of §80.005 of the Code, the pest management zone is not established until approved by a referendum of citrus producers in the new zone and held in accordance with §80.006 of the Cod…

(a) A referendum to establish a zone, to establish a suppression program in an existing zone, to add a county or area to an existing zone, to transfer an area or county from one zone to another, to discontinue the program in a zone, or to set or continue an assessment rate must p…

Citrus producers may vote in a referendum to discontinue the suppression program in a zone under §80.014 of the Code. If a proposition is approved, the suppression program is abolished and the pest management zone ceases to exist on payment of all debts of the pest management zon…

(a) Parties wishing to petition for addition or movement into an existing pest management zone shall notify the Commissioner of their intent in writing. The petition shall include: (1) a geographic description of the proposed area to be added or moved; (2) information sufficient …

(a) Parties wishing to petition for a discontinuation referendum in an existing pest management zone shall notify the Commissioner of their intent in writing. (b) The Department shall provide a petition form for request for discontinuation. The completed form must include: (1) ce…

(a) All assessments are due in full, postmarked to the Corporation on or before the due date set by the Commissioner each year. (b) Any producer who pays the full amount of the assessment 15 or more days before the due date will be entitled to a reduction in the total amount of t…

(a) When a producer has paid all assessments for a farm or for all farms for which an assessment is due from the producer in full for the current crop year, the Corporation shall issue a compliance certificate to that producer for that farm and/or for all farms on which an assess…

(a) An assessment lien established under §80.017 of the Code attaches and is perfected 60 days after the date the Corporation mails notice of an assessment due and owing by a citrus producer certifying or reporting citrus production within an active pest management zone. (b) The …

Notwithstanding any other provisions of this subchapter: (1) Once a lien is perfected and attaches in accordance with §80.017 of the Code, the lien established will be solely against citrus producers and first buyers of citrus, as defined by § 27.101 of this title (relating to De…

An assessment lien placed in accordance with this section is not a priority lien, and does not have superior status to prior liens on the harvested citrus to which the lien is attached under this subchapter and §80.017 of the Code. Notes 4 Tex. Admin. Code § 27.407 Adopted by Tex…

(a) Once a pest management zone has been designated by adoption of a rule under the Texas Agriculture Code, § 80.005 , the pest management zone is not established until approved by a referendum of citrus producers in the new zone held in accordance with the Texas Agriculture Code…

The Lower Rio Grande Valley Pest Management Zone shall consist of the following areas: Cameron, Hidalgo, and Willacy Counties. Notes 4 Tex. Admin. Code § 27.804 Adopted by Texas Register, Volume 41, Number 42, October 14, 2016, TexReg 8194 , eff. 10/17/2016

(a) Case Management for Children and Pregnant Women is a Medicaid benefit that assists eligible clients in gaining access to the necessary medical, social, educational, and other service needs related to their health condition/health risk or, for a pregnant women, a high-risk con…

(a) Federal and state laws and regulations prohibit the disclosure of information about Medicaid clients without effective consent by the client or on behalf of the client , except for purposes directly connected with the administration of the Medicaid program, as described in 42…

(a) Use of services is voluntary. Acceptance or refusal of services does not affect eligibility for or receipt of any other Medicaid services, or for future case management services. (b) All records about clients are considered confidential information, in accordance with the sta…

The following are the essential components of Case Management for Children and Pregnant Women services and explanation of billable components. (1) Intake--A case manager 's contact with the client / family /guardian that includes the collection of demographic, health, and other i…

(a) Certified organic and/or transitional citrus producers in active pest management zones may negotiate and enter into voluntary indemnification agreements with the Corporation provided that those agreements are negotiated and made in good faith by both parties and are approved …

(a) Definitions. (1) Eligible acreage--The acreage, planted to certified organic or transitional citrus, determined as provided in § 27.705 of this title (relating to Eligibility for Indemnification), and identified for that grove as described in this paragraph. Organic or transi…

(a) Organic citrus producers who plant certified organic or transitional citrus will be required to pay an assessment in accordance with Chapter 80 of the Code, and comply with all rules adopted thereunder. The assessment will be in the amount set for the entire pest management z…

The Texas Agriculture Code, § 80.005 , provides the Commissioner of agriculture with the authority, by rule, to designate an area of the state as a proposed pest management zone. Notes 4 Tex. Admin. Code § 27.801 Adopted by Texas Register, Volume 41, Number 42, October 14, 2016, …

(a) A mediation conducted under Division 3 of this subchapter is confidential in accordance with Texas Government Code, § 2009.054 . (b) The confidentiality of a final settlement agreement to which the commission is a signatory that is reached as a result of the mediation is gove…

(a) All organic citrus (transitional, certified or decertified) must be registered with the Corporation. Organic citrus producers must include: (1) Producer's name; (2) Organic certifier's name, address, phone number; (3) Legal description of the property; (4) Physical location o…

Before the referendum, the Commissioner shall review and approve: (1) the amount of the assessment; (2) the basis for the assessment; (3) the time for payment of the assessment; (4) the method of allocation of the assessment among citrus producers; (5) the restructuring and repay…

The Commissioner shall give notice of and conduct a public hearing in the pest management zone regarding the proposed assessment referendum. Notes 4 Tex. Admin. Code § 27.204 Adopted by Texas Register, Volume 40, Number 48, November 27, 2015, TexReg 8637 , eff. 12/6/2015

(a) Upon request of the Corporation, the Commissioner shall conduct and prescribe the manner to conduct an election and/or referendum as authorized under the Chapter 80 of the Code. (b) With the Commissioner's approval, the Corporation may set the assessment rate at a level less …

(a) If an administrative penalty is assessed by the Department under the Code, §80.017, for failure to pay an assessment, the citrus producer may apply for an exemption from that administrative penalty in writing on a form prescribed by the Department within 20 days from receipt …

(a) The Department's determination regarding a request for exemption will be based upon whether the completed application and other satisfactory documentation establish that payment of the assessment penalty would impose an undue financial burden upon the producer. (b) In additio…

(a) The mediator must possess the qualifications required under Civil Practice and Remedies Code, § 154.052 , be subject to the standards and duties prescribed by Civil Practice and Remedies Code, § 154.053 , and have the qualified immunity prescribed by Civil Practice and Remedi…

Unless the contractor and the commission agree otherwise, each party is responsible for its own costs incurred in connection with the mediation, including costs of document reproduction for documents requested by such party, attorney's fees, and consultant or expert fees. The cos…

(a) The Corporation will take steps reasonably necessary to protect the certification of organic crops during the course of its normal suppression activities. (b) In the event the Corporation or an employee or independent contractor of the Corporation inadvertently treats a certi…

(a) The Corporation shall send notice of assessments to each citrus producer on record in each active pest management zone who has reported citrus acreage to the Corporation. Notice shall be sent at least 30 days before the due date for assessments in that pest management zone. (…

(a) An application for a prepaid funeral sellers permit or perpetual care cemetery certificate of authority granted by the commissioner must be filed on a form or in a manner approved by the banking commissioner. The department shall issue a written notice informing each applican…

(a) Each year, the Corporation shall recommend assessment rates, the date a notice of assessment will be sent, and assessment due dates for each active pest management zone to the Department for consideration by the Commissioner. (b) The Commissioner will review these proposals a…

A citrus producer who applies for an exemption from assessment penalties under § 27.305 of this title (relating to Application for Exemption from Assessment Penalty), may apply with the Department, using a form prescribed by the Commissioner, for permission to establish a payment…

(a) Negotiation is a consensual bargaining process in which the parties attempt to resolve a claim and counterclaim. A negotiation under this subchapter may be conducted by any method, technique, or procedure authorized under the contract or agreed upon by the parties, including …

(a) Following receipt of a contractor's notice of claim, the chief administrative officer of the commission or other designated representative will review each claim of the contractor and each counterclaim of the commission if any, and initiate negotiations with the contractor to…

The parties must negotiate in accordance with the timetable established by § 27.89 of this title (relating to Timetable) to attempt to resolve all claims and counterclaims. No party is obligated to settle with the other party as a result of the negotiation. Notes 16 Tex. Admin. C…

(a) Upon the filing of a claim or counterclaim, a party may request to review and copy information in the possession or custody or subject to the control of the other party that pertains to the contract claimed to have been breached, including: (1) accounting records; (2) corresp…

(a) The commission asserting a counterclaim under the Texas Government Code, Chapter 2260, will file notice of the counterclaim as provided by this section. (b) The notice of counterclaim will: (1) be in writing; (2) be delivered by hand, certified mail return receipt requested o…

Any settlement agreement reached during the mediation must be signed by the representatives of the contractor and the commission. The agreement must describe any procedures required to be followed by the parties in connection with final approval of the agreement. Notes 16 Tex. Ad…

The parties prior to the mediation must disclose the parties' settlement approval procedures. To the extent possible, the parties must select representatives who are knowledgeable about the subject matter of the dispute, who are in a position to reach agreement, and who can credi…

(a) A citrus producer is a person defined in § 27.101 (3) of this title (relating to Definitions), and §80.003(6) of the Code. For purposes of determining voter eligibility for elections or referenda, this requirement will be determined from the official list provided to the Depa…