Texas Administrative Code

An originator sponsored by a mortgage company licensed by SML must comply with the advertising requirements in § 56.203 of this title (relating to Advertising). An originator sponsored by a mortgage banker registered with SML must comply with the advertising requirements in § 57.…

(a) Purpose. This section clarifies and establishes requirements related to the confidentiality of information obtained by SML during an examination, investigation, or inspection, as provided by Finance Code § 157.021 . (b) Confidential Information. All information obtained by SM…

(a) Corrective Action, Generally; Purpose. During an examination, investigation, or inspection, SML may determine that violations, deficiencies, or compliance issues (collectively, violations) occurred. Within the confidential environment of the examination, investigation, or ins…

(a) Purpose. Finance Code Chapter 157 provides that certain decisions of the Commissioner adverse to an originator or other individual may be appealed and offers the opportunity for an adjudicative hearing to challenge the decision. This section establishes various deadlines by w…

(a) Hearings, Generally. Adjudicative hearings conducted under Finance Code Chapters 157 and 180 are governed by the rules in Chapter 9 of this title (concerning Rules of Procedure for Contested Hearings, Appeals, and Rulemakings). Contested cases referred to the State Office of …

(a) For persons receiving Title IV-D services, the Title IV-D agency will review the support order for modification every three years: (1) for a TANF case; (2) at the request of either parent for a post-assistance or Medical Assistance-Only case; or (3) at the request of either p…

(a) The employer's plan administrator must complete the Health Insurance Enrollment Information sheet and the plan administrator's response and return them within 40 business days of the date of the Notice. (b) If multiple health insurance plans are available, the employer must e…

(a) The employee may contest withholding under the Notice based upon a mistake of fact by requesting a review by the Title IV-D agency no later than 30 calendar days from the date of the notice of issuance. (b) The form for requesting a review to contest withholding under the Not…

The Office of the Attorney General operates the State Disbursement Unit, which is responsible for receiving, disbursing, maintaining and furnishing child support payments and records in accordance with applicable federal and state law. Texas Family Code § 234.006 authorizes the a…

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. (1) Office of the Attorney General--The state's Title IV-D agency administered by the Child Support Division of the Office of the Attorn…

The prescribed forms for Direct Deposit Application (Form 6A002), the Authorization for Release of Information (Form 1A004) and the Revocation of Authorization for Release of Information (Form 1A005) can be obtained on the Office of the Attorney General's website www.oag.state.tx…

(a) The OAG's Child Support Division will disburse child support payments to an obligee by electronic funds transfer either by direct deposit into an account maintained by the obligee in a financial institution or through the Texas Debit Card system unless the obligee has signed …

The following form is to be used by an employer of the obligor to request judicial determination as to the applicability of a writ or court order of withholding under the Texas Family Code § 158.205 . "Employer" is broadly defined in the Texas Family Code § 101.012 , to include i…

(a) This form is sent to the obligor by the Title IV-D agency, or a domestic relations office, informing the obligor that withholding has commenced and providing procedures for contesting the withholding. The prescribed form for Notice of Administrative Writ of Withholding (Form …

This form is used to request issuance of the Income Withholding for Support. The prescribed form for Request for Issuance of Income Withholding for Support (Form 1853) can be obtained from the Texas Attorney General's Child Support Division webpage www.texasattorneygeneral.gov un…

This form is federally mandated for use in IV-D and non IV-D cases. It is used as a judicial withholding document, when issuing an original withholding order, amended withholding order, or to terminate withholding. The prescribed form for Income Withholding for Support (Form OMB …

(a) The following form is to be filed with the county clerk of a county in which real or personal property of the obligor is believed to be located in accordance with the Texas Family Code, Chapter 157, Subchapter G. Notice of the lien may be given to any person known to be in po…

(a) The National Medical Support Notice is federally mandated for use in IV-D cases and may be used in any other suit in which an obligor is ordered to provide health insurance coverage for a child. The prescribed form for National Medical Support Notice (Form OMB 0970-0222) can …

The prescribed form for the Record of Support (Form 1828) for the state case registry can be obtained from the Texas Attorney General's Child Support Division webpage www.texasattorneygeneral.gov under Child Support, Forms. The clerk of the court may provide the state case regist…

(a) By receiving and negotiating a child support payment through a state warrant, the Texas Debit card, or direct deposit into a bank account from the State of Texas, all custodial parents or other persons entitled to receive child support consent to the Office of the Attorney Ge…

(a) A custodial parent or other person entitled to receive child support: (1) may contest the amounts withheld from collections on child support obligations and retained by the State to be applied to unreimbursed public assistance provided to the family under Texas Human Resource…

(a) Child support payments being held for disbursement by the state disbursement unit or a local registry may be reported as unclaimed property as outlined in the Texas Property Code. If the location of the person to whom the money is owed is unknown, the Title IV-D agency will c…

(a) The clerk of the court may charge the Office of the Attorney General costs and fees in Title IV-D cases, including a case filed under Chapter 159 of the Texas Family Code. The Title IV-D Agency shall pay only the following costs and fees: (1) filing fees and fees for issuance…

Each county may bill the Office of the Attorney General monthly for fees and costs not previously billed. The county must credit the Office of the Attorney General each month for amounts reimbursed to the county by the parties during the proceeding thirty (30) days. Monthly reimb…

(a) Confidentiality of Records. The records contained in the new hire directory shall be confidential and may be accessed for the following purposes only: (1) Location of Child Support Obligors. The Title IV-D Agency shall use the Employer New Hire Reporting (ENHR) information to…

An "authorized person" as defined by 42 U.S.C. 653(c) may apply to the Title IV-D agency for locate-only services. Notes 1 Tex. Admin. Code § 55.31 The provisions of this §55.31 adopted to be effective March 3, 2004, 29 TexReg 1855; Amended to be effective March 5, 2008, 33 TexRe…

Parental kidnapping and child custody services are available only to authorized persons to make or enforce child custody or visitation determinations as allowed under 42 U.S.C. 663 . Authorized persons include district judges, county attorneys, district attorneys, or any other of…

The Title IV-D Agency shall make the determination as to whether an individual is cooperating as required by § 55.3 of this subchapter relating to Cooperation Required for Recipients of Child Support Services. (1) If a TANF recipient or a Medical Assistance-Only recipient (where …

Fathers and mothers who wish to voluntarily establish paternity for their child or rescind a previously executed Acknowledgment of Paternity or Denial of Paternity may do so through any local child support office of the Office of the Attorney General, Child Support Division; the …

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. (1) Acknowledgment of Paternity form--An agreement affirming parentage for a child signed by both the man claiming to be the biological …

If the mother declares in the Acknowledgment of Paternity form that there is a presumed father of the child, the acknowledgment must be accompanied by a Denial of Paternity form signed by the mother and the presumed father, unless the presumed father is the man who is acknowledgi…

(a) The following entities must provide voluntary paternity establishment services after being certified by the Office of the Attorney General: (1) all public and private birthing hospitals; (2) all birthing centers; (3) the Texas Department of State Health Services, Vital Statis…

All birthing hospitals, all birthing centers, the Texas Department of State Health Services, Vital Statistics Unit, a registered nurse working in a partnership program funded through the nurse-family partnership competitive grant program, and each certified entity must have staff…

(a) Each certified entity must provide the parents (and presumed father, if applicable,) with the opportunity to complete and sign the Parent Survey if the parent was provided the opportunity to voluntarily acknowledge paternity. The Parent Survey on the Acknowledgment of Paterni…

(a) The Title IV-D Agency shall use the Notice to inform employers of the requirement for insurance coverage for the child(ren) of employees. (b) In a IV-D case, the Title IV-D Agency may transfer the National Medical Support Notice to the employer of an employee obligated to pro…

(a) If the child cannot be enrolled in the employer health insurance plan because the employer does not maintain a plan, the employee is not eligible, or the employee is no longer employed by the employer, the employer must complete the Employer Response Form and provide the empl…

The parties shall negotiate in accordance with the timetable set forth in §55.56 to attempt to resolve all claims and counterclaims filed under this subchapter. No party is obligated to settle with the other party as a result of the negotiation. The parties may agree to mediate a…

(a) A settlement agreement may resolve an entire claim or any designated and severable portion of a claim. (b) To be enforceable, a settlement agreement must be in writing and signed by the Department, or the Department's authorized representative, and a representative of the con…

The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise. (1) ALJ--Administrative law judge employed by the State Office of Administrative Hearings. (2) Alternative Dispute Resolution (ADR) Administrator…

(a) If the department asserts a counterclaim under Texas Government Code, Chapter 2260, the department shall file notice of the counterclaim as provided by this section. (b) The notice of counterclaim shall: (1) be in writing; (2) be delivered by hand, certified mail return recei…

Compromise settlement agreements between insurance carriers and persons claiming benefits under the Texas Workers' Compensation Law are not final until approval by the board (1953). Notes 28 Tex. Admin. Code § 55.10 The provisions of this §55.10 adopted to be effective November 2…

(a) Hearing tests for use in compensation ratings shall be derived from the pure-tone audiogram calculated to ANSI-S3.6-1969 standards. Examination should be performed by a medical specialist who does hearing evaluations or by an audiologist having the certificate of clinical com…

Where an insurance company agrees to pay accrued medical and hospital expenses in a compromise settlement agreement, any exceptions or special stipulations agreed upon by the parties must be clearly stated on the face of the compromise settlement or an attached affidavit (1970). …

Settlement agreements entered into by claimants who are represented by an attorney must be signed by the attorney. The attorney's name and address shall be on the face of the agreement (1953) (Rev.1973). Notes 28 Tex. Admin. Code § 55.40 The provisions of this §55.40 adopted to b…

Where the amount of compensation due is covered by Texas Civil Statutes, Article 8306, §12, the board may consider percentage of medical impairment as only one element in arriving at percentage of legal disability as distinguished from medical disability (1973). Notes 28 Tex. Adm…

No lump sum payment of fatal benefits may be made without prior board approval. No lump sum payment of fatal benefits may be made to beneficiaries, unless there exists a bona fide dispute as to the liability of the insurance carrier, and no lump sum payment of benefits for injuri…

Personal appearance of the claimant shall be required prior to recommendation by the board representative for approval of compromise settlement agreements, unless upon the showing of good cause said personal appearance is waived by the board representative (1970) (Rev.1977). Note…