Texas Administrative Code

(a) The adult foster care client must: (1) provide accurate information about his ability to function in the community and in a foster home setting; (2) pay the amount of room and board specified in the client and provider agreement; (3) report changes or occurrences that would a…

Adult foster care clients must be allowed to keep funds for personal needs and medical expenses as specified in paragraphs (1)-(3) of this section. (1) Clients with Medicaid coverage must be allowed to keep at least $50 a month for personal needs. (2) Clients without Medicaid cov…

(a) If an address correction is received, TRS shall re-send a demand letter to the correct address, and the deadlines provided in this chapter shall be tolled accordingly. (b) Where determinations of obligations or indebtedness are subject to administrative appeal procedures, the…

(a) The following obligations to TRS shall be exempt from the procedures in this chapter: (1) obligations arising from the investments of the system, which shall be governed by the TRS investment policy and procedures; (2) state contributions; (3) other obligations for which a st…

At the time collection attempts are being made, TRS may consider supplemental or alternative debt collection procedures, including warrant hold procedures authorized by Government Code, § 403.055 . Notes 34 Tex. Admin. Code § 49.6 The provisions of this §49.6 adopted to be effect…

TRS shall keep records identifying all persons or entities liable for delinquent obligations and the correct physical address of the obligor's business and/or residence, if available. Such records should also contain collection histories on each obligor showing, where applicable,…

The entry requirements are located in Chapter 51, § 51.13 of this title (relating to Equine). Notes 4 Tex. Admin. Code § 49.2 The provisions of this §49.2 adopted to be effective June 23, 2002, 27 TexReg 5180

(a) Official Test. The agar gel immunodiffusion (AGID) test, also known as the Coggins test, the Competitive Enzyme-Linked Immunosorbent Assay (CELISA) test, and other USDA licensed tests approved by the commission, are the official tests for equine infectious anemia (EIA) in hor…

After a hearing is scheduled and notice is given to the party or parties as herein provided, a postponement or cancellation may be had by any party only for good cause. A request for postponement or cancellation shall be first and promptly made by telephone or in person to the pr…

Although no formal statement of position is required to be filed in these types of hearings, any party may file a written brief concerning the facts, law, or argument which a party may desire to present in written form to the board. Notes 28 Tex. Admin. Code § 49.160 The provisio…

For all hearings for which complaint and allegation of violation of any provision of the Workers' Compensation Law or of Industrial Accident Board rules, the written notice herein provided for shall describe in detail the areas of investigation or complaint so as to fairly inform…

If documentary evidence is to be tendered at the hearing, true copies thereof shall be prepared in advance by the parties offering such evidence, sufficient in number for all interested parties to the hearing. Notes 28 Tex. Admin. Code § 49.155 The provisions of this §49.155 adop…

The insurance carrier and attorney representing the claimant shall file their formal statement of position in the board's Austin office on or before the date of formal hearing. Notes 28 Tex. Admin. Code § 49.15 The provisions of this §49.15 adopted to be effective September 22, 1…

After a hearing has commenced, circumstances may develop which, in the best interest of equity and justice, require the presiding board member to recess the hearing until a later time or date. If this occurs, the parties and all subpoenaed witnesses shall be entitled to notice of…

If not previously filed pursuant to other board rules, all medical reports and records shall be filed at the time of formal hearing. Notes 28 Tex. Admin. Code § 49.35 The provisions of this §49.35 adopted to be effective November 11, 1983, 8 TexReg 4495.

(a) EVA classification for reporting purposes: (1) Carrier Stallion. A stallion that has been determined through virus isolation, positive PCR tests on semen, breeding to naive mares or any combination of procedures to shed EVA virus in semen. (2) EVA caused abortion. An abortion…

(a) A dealer is defined as a person engaged in the business of buying or selling animals in commerce: (1) On the person's own account; (2) As an employee or agent of the vendor, the purchaser, or both; or (3) On a commission basis. (b) A dealer as defined in subsection (a) of thi…

A person or laboratory who performs an official equine infectious anemia test in the State of Texas must meet and be in compliance with the requirements found in Title 9 Code of Federal Regulations §71.22, which is entitled "Approval of laboratories to conduct official testing." …

The department may perform public oral health screening and surveillance across the State of Texas. (1) Regional dental teams perform open mouth screening to assess the oral health of individuals. (2) Regional dentists issue written findings, which may include recommendation for …

The program contracts with schools and school districts through a memorandum of understanding and adheres to the Texas Education Code, § 22.0834 . Notes 25 Tex. Admin. Code § 49.4 The provisions of this §49.4 adopted to be effective October 16, 2008, 33 TexReg 8522; amended to be…

The following words and terms, where used in this chapter, have the following meanings, unless the context clearly indicates otherwise. (1) Dental hygienist--An individual licensed by the State Board of Dental Examiners to practice dental hygiene in the State of Texas. (2) Dental…

The rules in this chapter implement the Texas Oral Health Improvement Act, Texas Health and Safety Code, Chapter 43 (Act). The Act authorizes the Department of State Health Services Oral Health Improvement Program to implement activities for eligible individuals to prevent oral d…

A party desiring to make a personal appearance hearing before the board on a claim which is scheduled for formal hearing by the board in Austin shall give the board and all other interested parties not less than seven days written notice thereof. The claimant's attendance at such…

In all other hearings except for those described in § 49.120 of this title (relating to Special Statutory Notice), and unless waived by the board upon its own motion, or for good cause shown, no less than 14 days written notice of the date, time, and place of such hearing will be…

In the event of hearings conducted by the board pursuant to the provisions of Texas Civil Statutes, Article 8306, §18, or Texas Civil Statutes, Article 8307, §7 and §9a, or Texas Civil Statutes, Article 8308, §18a, the notice requirements of those statutes will prevail whether sa…

All bills unpaid by the insurance carrier or copies of receipts for medical services for claim for reimbursement must be filed with the board at the prehearing conference or attached to the formal statement of position. There must be clear itemization of all prescriptions or inci…

On the date of hearing, the board will review the case in accordance with the provisions of Article 8309a of the Act, the Industrial Accident Board may delay or postpone the hearing of the claim provided that within its discretion the board deems it to be the best interest of the…

(a) Upon its own motion, or upon the written request of any party to a hearing, the board member presiding over the scheduled hearing may issue a subpoena for attendance of a witness or issue a subpoena duces tecum in order to examine any part of the books, files, and records of …

Upon written request by claimant or all claimant beneficiaries, the board, at its discretion, may at any time prior to the entry of an award, cancel a scheduled hearing when good cause is shown. Request for cancellation of a scheduled hearing shall be by written notice and filed …

Testimony will be recorded under the direction and control of the board member conducting the hearing. It will be permissible for any party to have a court reporter record the proceedings, conditioned upon: (1) notification thereof shall be made to the presiding board member not …

After a compensation claim has been scheduled for a special formal hearing, or other hearing as provided in § 53.65 of this title (relating to Certification Procedures), et seq., an attorney may not voluntarily withdraw as counsel for a claimant, except upon written request there…

(a) A department that has determined a delinquent obligation is owed to TRS shall send a first demand letter to the obligor, generally no later than 30 days after such determination is made. If no satisfactory response is received within 30 days after the date of the first letter…

The executive director or his designee shall develop and maintain procedures for determining whether an obligation owed to TRS is delinquent and for collecting a delinquent obligation. Notes 34 Tex. Admin. Code § 49.1 The provisions of this §49.1 adopted to be effective January 4…

(a) If a department determines that a delinquent obligation may be collectible or if TRS procedures otherwise require, the department shall refer the obligation to the Legal Services Department for recommendation of whether TRS should refer the obligation to the attorney general …

(a) The implementation of any and all program activities is subject to the availability of funds. The program identifies populations based on socioeconomic need, limited access to dental providers, and other risk factors. (b) Program conducts oral health surveillance activities b…

Program priorities are determined based on data, research, public health principles, and other factors. Priorities may include: (1) oral health surveillance; (2) oral disease prevention; (3) oral health education and promotion; (4) oral health subject matter expertise for the dep…

(a) Definitions: (1) High risk area or county--An area or county that is epidemiologically judged to have a high probability for equine having or developing Equine Piroplasmosis. (2) Hold Order--A document restricting movement of a herd, unit, or individual animal pending the det…

(a) Official Test. A complement fixation test (CFT) or competitive enzyme linked immunosorbent assay (cELISA) are the official tests for equine piroplasmosis. (b) Authorization to conduct test. Only a test applied and reported by a laboratory approved by the commission will be co…

Failure to file a formal statement of position or filing a formal statement of position that does not comply with the requirements of § 49.45 of this title (relating to Contents of Formal Statement of Position) may be punishable by appropriate sanctions of the board. Notes 28 Tex…

Formal hearing before the board will be scheduled the first Friday following the expiration of 14 days from the date of prehearing conference. If the Friday upon which a hearing would otherwise be scheduled is a legal holiday or follows a legal holiday, the hearing will be schedu…

All interested parties required to file evidence with the board for consideration in a claim scheduled for a hearing must file this evidence not later than 5 p.m. on date of hearing. The board will consider requests for delayed evidence filing from any interested party. The reque…

These hearings will only generally follow the Texas Rules of Civil Procedure. Evidence will be received in accordance with the Texas Rules of Evidence as generally applied in Texas judicial proceedings, although not with the same degree of strictness. The procedures used in these…

Upon its own motion, or upon the written request or complaint of either a party or employer, the board may schedule a special formal hearing, fraud hearing, or investigative hearing to be conducted by the board or any member therefore under the authority of applicable provisions …

All hearings shall be commenced by written notice, in accordance with the provisions of Chapter 41 of this title (relating to Communications and General Medical Provisions) to the individuals and businesses or agencies directly concerned with the subject of the hearing. Sufficien…

The carrier's designated Austin representative must be available to the board on the day a claim is scheduled for formal hearing. In the event the Industrial Accident Board needs a copy of the carrier's file, or a portion thereof, the carrier's designated Austin representative sh…

The formal statement of position shall be responsive to the prehearing officer's recommendations and shall be sufficiently detailed to apprise the board of all controverted issues. Legal contentions should be supported by citations to applicable authorities. Notes 28 Tex. Admin. …

Texas Administrative Code Title 1 - ADMINISTRATION Title 4 - AGRICULTURE Title 7 - BANKING AND SECURITIES Title 10 - COMMUNITY DEVELOPMENT Title 13 - CULTURAL RESOURCES Title 16 - ECONOMIC REGULATION Title 19 - EDUCATION Title 22 - EXAMINING BOARDS Title 25 - HEALTH SERVICES Titl…