Texas Administrative Code

An institution of higher education seeking approval to offer a degree program under this subchapter must submit a Planning Notification to Board Staff in accordance with subchapter C of this chapter prior to submitting an administratively complete request for a new associate degr…

(a) This subchapter applies to an institution that seeks to offer one or more Credit Courses as defined in § 2.202 (1) of this subchapter via distance education. (b) This subchapter does not apply to an institution that seeks to offer non-credit courses, including non-credit cont…

(a) To be eligible for review, each application must be submitted by the specified deadline with all required components and all necessary authorization signatures. (b) Agency staff will review each application for the following: (1) legal eligibility of the institution to partic…

(a) An academic associate degree may be called an associate of arts (AA), an associate of science (AS), or an associate of arts in teaching (AAT) degree. (1) The AA is the default title for an academic associate degree program if the college offers only one type of academic degre…

Board Staff shall conduct post-approval reviews in accordance with subchapter I of this chapter. Notes 19 Tex. Admin. Code § 2.71 Adopted by Texas Register, Volume 48, Number 06, February 10, 2023, TexReg 0664 , eff. 2/17/2023

An institution may request a non-substantive or substantive revision or modification to an approved doctoral or professional program under subchapter A, § 2.9 of this chapter (relating to Revisions and Modifications to an Approved Program). Notes 19 Tex. Admin. Code § 2.151 Adopt…

(a) If the IDT recommends an alternative living arrangement for an individual who does not have the ability to give legally adequate consent and who does not have an LAR, the IDT will: (1) notify the individual's designated MRA and persons actively involved with the individual of…

(a) A state MR facility may discharge an individual who has been admitted or committed to a state MR facility if: (1) the individual is determined as a result of a DMR conducted in accordance with § 415.155 of this title (relating to Determination of Mental Retardation (DMR)) to …

The authority for this subchapter is Texas Education Code § 61.0512(b) , which requires institutions to notify the Board prior to beginning preliminary planning for a new degree program. Notes 19 Tex. Admin. Code § 2.40 Adopted by Texas Register, Volume 47, Number 47, November 25…

The Planning Notification shall be acknowledged upon completed submission of the required information. Notes 19 Tex. Admin. Code § 2.42 Adopted by Texas Register, Volume 47, Number 47, November 25, 2022, TexReg 7889 , eff. 11/28/2022

The Board requires each institution to obtain one of the following types of approval for a certificate or degree program. No approval is required for new tracks of study in an existing degree program and tracks of study are not listed as separate degree programs in the Program In…

This subchapter goes into effect on June 1, 2023. Institutions must submit a Planning Notification for new programs in accordance with this subchapter on or after that date. Notes 19 Tex. Admin. Code § 2.43 Adopted by Texas Register, Volume 47, Number 47, November 25, 2022, TexRe…

(a) In addition to any criteria specified in statute or this chapter for a specific program approval, the Assistant Commissioner, Commissioner, or Board, as applicable, shall consider the following factors: (1) Evidence that the program is needed by the state and the local commun…

(a) The Department may place on Cost Reimbursement any Contract, other than non-Discretionary CSBG. Cost Reimbursement requires Subrecipients to submit supporting documentation and back up for Expenditures or Obligations prior to the Department releasing funds. The Department sta…

(a) A Subrecipient that enters into a Contract with the Department to administer programs are required to follow all Legal Requirements governing these programs. (b) If a Subrecipient fails to comply with program and Contract requirements, rules, or regulations and in the event m…

Department divisions will recommend to the Committee the initiation of proceedings to assess administrative penalties where the Responsible Party or Parties have violated Chapters 2105 or 2306 of the Texas Government Code or a rule or order adopted under Chapters 2105 or 2306 of …

(a) The enforcement mechanisms referenced in this chapter are not the exclusive mechanisms whereby compliance may be obtained in any particular circumstance. Enforcement mechanisms related to Department programs may include, where applicable, those required or employed by other e…

(a) This section describes the Department's process for implementing HHS Information Memorandum 116 (Corrective Action, Termination, or Reduction of Funding) (IM 116) and 42 U.S.C. 9915 . This process does not apply for Contracts awarded under CSBG Discretionary Funding. (b) Capi…

This chapter sets forth the enforcement mechanisms that the Department may use to bring about compliant administration of Department funded state or federal programs and exclude or remove from Department programs, Persons who have established, through certain noncompliant behavio…

The words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise. Capitalized words used herein have the meaning assigned in the specific chapters of this title that govern the program associated with the request, i…

(a) A Responsible Party must comply with all applicable Legal Requirements. (b) A failure by the Department to identify, address, or take action with respect to any one or more Events of Noncompliance does not constitute a waiver, ratification, or approval of, consent to, or agre…

(a) Capitalized words used herein have the meaning assigned in, Chapter 1 of this title (relating to Administration), Chapter 2 of this title (relating to Enforcement), Chapter 6 of this title (relating to Community Affairs Programs), or assigned by federal or state law. (b) If a…

(a) When appropriate, the administrative law judge may hold a prehearing conference to resolve matters preliminary to the hearing. At the discretion of the administrative law judge, a prehearing conference may be held by telephone. (b) A prehearing conference may be convened to a…

(a) Parties to a contested case hearing shall have the discovery rights provided in the APA and applicable agency statutes and rules. (b) Requests for issuances of subpoenas or commission should be directed to the administrative hearings clerk. (c) All discovery requests should b…

The purpose of this subchapter is to establish the process for institutions to request new associate degree programs from the Board. Notes 19 Tex. Admin. Code § 2.50 Adopted by Texas Register, Volume 48, Number 06, February 10, 2023, TexReg 0664 , eff. 2/17/2023

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 § 2.60 Adopted by Texas Register, Volume 40, Numbe…

(a) A person may represent himself or herself. (b) A person may be represented by an attorney authorized to practice law in the State of Texas or other representative when authorized by law. (c) A party's representative shall enter his or her appearance in the case by filing a no…

(a) Original Materials. (1) All documents shall be filed with the administrative hearings clerk at SOAH or as designated by the Commissioner. (2) Submission of documents to be filed must include an original and two copies. (3) Faxed submissions of documents will be accepted for f…

(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 Board shall conduct one or more public hearings for any purpose set forth in § 2.54 (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) The provisions of any rule referring to the Board shall be construed to apply to the members of the Board (including the presiding officer) if the matter is within the jurisdiction of the Board. Unless otherwise provided by law, a Board member or the presiding officer may del…

(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 § 2.57 Adopted by Texas Register, Volume 40, Number 06, February 6, 2015, TexReg 608 , eff. 2/12/2015

(a) If for any reason an administrative law judge is unable to continue presiding over a pending hearing, or issue a proposal for decision after the conclusion of the hearing, the Commissioner or SOAH may appoint another administrative law judge as a substitute, in accordance wit…

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 …

These rules shall govern the procedures for conducting public hearings before the Special Board of Review, as defined in § 2.52 of this subchapter (relating to Definitions), for projects to be developed under § 2267 of the Texas Government Code. Notes 31 Tex. Admin. Code § 2.51 A…

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 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

(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…

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 consisting of the Commissioner of the General Land Office sitting as presiding officer; t…

If, after the hearing(s), the Board determines that local zoning requirements are detrimental to the best interest(s) of the State, the Board shall issue an order establishing a development plan to govern the use of the real property as provided in § 2267 of the Texas Government …

(a) An institution seeking to modify an existing approved self-supporting degree program, except for a funding model change as outlined in 2.355 of this subchapter (relating to Approval Process for Changes to Degree Program Funding Models), must follow substantive and non-substan…

(a) An institution may request a change in the degree program funding model of an approved program. A request to change the degree program funding model for an existing approved degree program must follow the approval procedures outlined in § 2.9 (a)-(b) of this subchapter (relat…

(a) Sections 2.350 - 2.356 are effective May 15, 2025. (b) Section 2.357 is effective November 1, 2025. Notes 19 Tex. Admin. Code § 2.358 Adopted by Texas Register, Volume 49, Number 45, November 8, 2024, TexReg 8880 , eff. 11/14/2024

(a) Requests for Self-Supporting Status for New Programs. (1) A Public Community or Technical College, Public University, or Health Related Institution may request Coordinating Board approval to offer a degree program or track under self-supporting status in its application mater…

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 …

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…