Texas Administrative Code

(a) The Department requires the submission of an inventory report for all Contracts to be submitted to the Department, no later than 45 calendar days after the end of the Contract Term, or a more frequent period as reflected in the Contract. Real Property and Equipment must be in…

(a) Subrecipients shall comply with the cost principles and uniform administrative requirements set forth as applicable in TxGMS or UGMS provided, however, that all references therein to "local government" shall be construed to mean Subrecipient. A Subrecipient that is administer…

Grant recipients shall submit required reports in accordance with department procedures, and as specified in the grant agreement entered into by the department and the grant recipient. Notes 4 Tex. Admin. Code § 1.1206 Adopted by Texas Register, Volume 48, Number 37, September 15…

(a) The procurement of all goods and services shall be conducted, to the maximum extent practical, in a manner providing full and open competition consistent with the standards of 2 CFR Part 200 , UGMS, and TxGMS, as applicable. (b) Subrecipients shall establish, and require its …

A Grantee must follow procedures and maintain facilities that comply with all applicable federal, state and local laws and regulations related to fire, health, sanitation, and safety, and obtain all necessary permits. All food preparation, handling, and service activities shall c…

(a) Upon receipt of a pleading which is intended to institute a proceeding before the department and complies with this chapter as to form and content, the hearings clerk shall docket the same as a pending proceeding, number it in accordance with any established docket numbering …

(a) Purpose and applicability. This section applies to program awards not covered by § 1.301 of this subchapter (relating to Previous Participation Reviews for Multifamily Awards and Ownership Transfers). With the exception of a household or project commitment contract, prior to …

(a) Purpose. The Texas Organic Agriculture Industry Advisory Board (Board) is appointed by the Commissioner of Agriculture (Commissioner) pursuant to the Texas Agriculture Code, § 50C.002 and is established within the Texas Department of Agriculture (the department) to assist the…

(a) The department shall not consider applications submitted after the published due date unless the deadline has been revised for all applicants. (b) The department will perform an administrative review to determine applicant eligibility and responsiveness to the request for gra…

(a) A review panel appointed by the commissioner shall review grant proposals and make a recommendation to the commissioner for awarding the grants. (b) The review panel shall be composed of the following: (1) one person having experience or expertise in developing elementary and…

(a) The chief legal officer shall decide whether to refer a matter to the attorney general for collection. This decision and any referral generally should be made no later than 60 days after the second demand letter is sent. The 60-day guideline in this subsection shall not apply…

(a) Authority and Purpose. The Executive Director will make recommendations to the Board regarding funding and allocation decisions related to Low Income Housing Tax Credits and federal housing funds provided to the state under the Cranston Gonzalez National Affordable Housing Ac…

(a) The requirements described in this subsection relate to construction or facility improvements in DOE WAP, HOME, HOME-ARP, CDBG, NSP, HHSP, EH Fund, TCAP-RF, and ESG Subrecipients, or other fund source required by state or federal law or regulation to have bonding for construc…

(a) Purpose. The purpose of this section is to inform compliance with Tex. Gov't Code Ch. 2105, Administration of Block Grants. (b) Applicability. This rule applies to all funds administered by the Department that are subject to Tex. Gov't Code Ch. 2105. The activities administer…

(a) In an appropriate proceeding, to assist in the disposition of the proceeding without expense or burden to the parties or the department, the administrative law judge may direct the parties, their attorneys, or representatives to appear before the administrative law judge for …

(a) This chapter establishes a system for practice and procedure before the Railroad Commission of Texas to enable the just disposition of proceedings and public participation in contested case proceedings pursuant to the Administrative Procedure Act, Texas Government Code, Chapt…

Motions for extension of time shall be in writing, filed with the hearings clerk or other staff member primarily responsible for legal support to the administrative law judge for the department, or SOAH, and served on all parties no less than five days prior to the date that the …

(a) A sick leave pool is established to alleviate hardship caused to an employee and the employee's immediate family if a catastrophic injury or illness forces the employee to exhaust all eligible leave time earned by that employee and to lose compensation time from the state. (b…

Consistent with notices required by law, the department may consolidate or separate matters following the provisions of the Texas Rules of Civil Procedure, Rule 174. Notes 4 Tex. Admin. Code § 1.16 The provisions of this §1.16 adopted to be effective January 18, 1991, 16 TexReg 1…

An Organization is eligible to receive a grant under this subchapter if it: (1) administers a home-delivered meal program and is a direct provider of home-delivered meals to Elderly persons and/or persons with a Disability; (2) (if a nonprofit private organization) has a voluntee…

(a) Before an Organization may receive a grant from the Department, the county in which the Organization provides meals must make a grant to the Organization. The grant must be for the provision of home-delivered meals to the homebound elderly and disabled in that county. (b) A c…

(a) Purpose. The purpose of this section is to inform Persons or entities requesting awards of new funds or resources, Form(s) 8609, application amendments, LURA amendments, new Contracts (with the exception of a Household Commitment Contract), Contract amendments, or loan modifi…

(a) Every contested case hearing on an action before the department shall be conducted by an administrative law judge. (b) The administrative law judge presiding shall have the authority to do the following: (1) set hearing dates, times, and locations; (2) convene the hearing at …

(a) Party representatives with authority to negotiate a settlement and all other persons necessary to negotiate a settlement must attend the settlement conference in person or virtually through video conferencing. (b) Parties and their representatives attending the settlement con…

(a) Every party, witness, attorney, or other representative shall comport himself in all department proceedings with dignity, courtesy, and respect for the department, the administrative law judge, and all other parties and participants. Attorneys shall observe and practice the s…

The expenditure of grant funds by a Grantee shall be documented and used only to supplement and extend existing services related directly to delivery of meals to Homebound Elderly persons and Homebound persons with a Disability. Permissible expenditures include, but are not limit…

(a) All contested case hearings shall be recorded by electronic means. Upon request, and payment of the required fees, any person may be provided a copy of this recording. (b) Upon written request by any party, a transcript of the hearing shall be made. The cost of the preparatio…

(a) The dispute shall be evaluated using the definitions and standards provided in the Texas Agriculture Code, Chapters 128 and 188 and any documentation provided by parties in support of their positions. (b) The department facilitator shall act as an impartial third party in the…

(a) Grantees shall maintain documentation as required by the Department to verify that individuals who receive meals paid for or delivered in part with grant funds received under this subchapter each qualify as a Homebound Elderly person or Homebound person with a Disability. Suc…

(a) The Committee. The Wine Advisory Committee (Committee) is established pursuant to Texas Agriculture Code § 12.0204 . The Committee serves in an advisory capacity and is subject to Texas Government Code, Chapter 2110. (b) Purpose. (1) The Committee shall assist the Commissione…

In addition to any other rules of evidence provided for in the APA, Subchapter D, the following rules will apply to proceedings before the department. (1) General rules. The rules of evidence as applied in nonjury civil cases in the district courts of this state shall be followed…

(a) Capitalized words used herein have the meaning assigned in the specific Chapters and Rules of this Part that govern the program to which a Household or Family level recipient or beneficiary has applied, or as assigned by federal or state law. (b) This policy applies for any f…

(a) The definition of "local fiscal year" is the fiscal year in which January 1 of that year falls. (b) The following are the minimum requirements for membership in the state library system: (1) A library serving a population of at least 500,001 persons must: (A) have local expen…

(a) A professional librarian is defined as a person holding either a fifth year degree in librarianship from a program accredited by the American Library Association or a master's degree in library or information science from a program accredited by the American Library Associati…

This subchapter identifies advisory committees created by or under statute to advise the Texas Department of Agriculture and, in accordance with the provisions of the Texas Government Code, Chapter 2110 (Vernon Supp.2000), prescribes the purposes and duties of such committees, an…

These standards for accreditation apply only to libraries that are operated by a public school district, institution of higher education, unit of local, state, or federal government, accredited non-public elementary or secondary schools, or special or research libraries. The stan…

One or more accreditation criteria in this subchapter may be waived if a library shows good cause for failure to meet the criteria. For purposes of this subchapter, good cause means a public health emergency, including, but not limited to a pandemic or epidemic; a natural or man-…

(a) A final decision or order in a contested case shall comport with all of the requirements of the APA, §2001.141, and shall be served on parties in accordance with the APA, §2001.142. (b) A final decision or order issued in a contested case shall be issued within 60 days from t…

The following words and terms, when used in this part, shall have the following meanings, unless the context clearly indicates otherwise. (1) Administrative law judge--The commissioner or the commissioner's designee assigned to conduct a hearing on a matter before the department,…

(a) The Texas Agriculture Code, Chapters 128 and 188 provide for the establishment of liens in favor of sellers of agricultural chemicals, agricultural seeds, or animal feed, or of a provider of labor in connection with the agricultural chemicals, agricultural seeds, or animal fe…

Unless otherwise provided by statute, time periods provided for in these rules shall be computed and enlarged as provided in the Texas Rules of Civil Procedure, Rules 4 and 5. Notes 4 Tex. Admin. Code § 1.6 The provisions of this §1.6 adopted to be effective January 18, 1991, 16 …

(a) A family leave pool is established to provide eligible employees more flexibility in: (1) bonding with and caring for children during a child's first year following birth, adoption, or foster placement; and (2) caring for a seriously ill family member or the employee themselv…

(a) Subpoenas. Upon the request of a party to a contested case and upon the showing of good cause, a subpoena may be issued by the commissioner or an administrative law judge employed by the department as provided by the APA, §2001.089. (b) Depositions. (1) Issuance of commission…

The Grant program for the distribution of surplus agricultural products is designed to provide funding to eligible nonprofit organizations for collecting and distributing surplus agricultural products to food banks and other charitable organizations that serve needy or low-income…

The signatures of parties, representatives, or attorneys shall constitute a certificate as provided in the Texas Rules of Civil Procedure, Rule 13, and sanctions may be imposed for violations of that rule as provided therein. Notes 4 Tex. Admin. Code § 1.9 The provisions of this …

(a) A witness or deponent who is not a party and who is subpoenaed or otherwise compelled to attend any hearing or proceeding conducted under the authority of the Administrative Procedure Act is entitled to the following compensation: (1) mileage in the same amount per mile as th…

(a) The department shall administer the ZAPD Grant Program pursuant to Texas Agriculture Code, Chapter 71, Subchapter E, subject to the availability of funds. (b) The department shall approve a standard grant application for each grant cycle. The request for grant applications, s…