Texas Administrative Code

(a) Application forms shall include the following information, statements and questions designed to elicit information as to whether, as of the date of the application, the applicant currently has another Medicare supplement, Medicare Advantage, Medicaid coverage, or other health…

(a) The Texas Department of Human Services, the Texas Department of Health, the Texas Department of Mental Health and Mental Retardation, the Texas Rehabilitation Commission, the Texas Commission for the Blind, the Texas Commission for the Deaf, the Texas Education Agency, the Te…

(a) Each grantee must submit reports regarding grant information, performance, and progress. To remain eligible for funding, the grantee must be able to show the scope of services provided and the impact and quality of those services. (b) The OOG may place projects on financial h…

This agreement is effective September 1, 1993. Notes 26 Tex. Admin. Code § 3.73 Transferred from 40 TAC § 72.212 Texas Register, Volume 49, Number 45, November 8, 2024, TexReg 9027 eff. 11/29/2024

"Disability income protection coverage" is a policy which provides for periodic payments, weekly or monthly, for a specified period during the continuance of disability resulting from either sickness or accident or a combination thereof, which: (1) provides for periodic payments …

(a) Texas Department of Mental Health and Mental Retardation (TDMHMR) adopts by reference a rule of the Texas Education Agency (TEA) in 19 TAC § 89.1115 (relating to Memorandum of Understanding Concerning Interagency Coordination of Special Education Services to Students with Dis…

The Texas Department of Human Services (DHS) adopts by reference Texas Administrative Code, Title 37, Public Safety and Corrections, Part VI, Texas Department of Criminal Justice, Chapter 159, Special Programs, §159.5 and §159.7 (concerning Continuity of Care System for Offenders…

"Accident only coverage" is a policy of accident insurance which provides coverage, singularly or in combination, for death, dismemberment, disability, or hospital and medical care caused by accident. Such coverage provided shall meet the following criteria. (1) Accidental death …

(a) Basis. The Texas Department of Human Services, hereinafter referred to as DHS, the Texas Office of the Attorney General, hereinafter referred to as OAG, and the Texas Department of Protective and Regulatory Services, hereinafter referred to as TDPRS are required under the pro…

(a) Grantees must regularly evaluate their projects. PSO shall monitor grantees through progress reports, on-site visits, and desk reviews. Grantees must maintain information related to project evaluations in the project's files, and that information must be available for review.…

(a) "Specified disease coverage" is a policy written on a guaranteed renewable basis as prescribed in § 3.3050 (b) of this title (relating to Standards for Renewability Provisions) which meets one of the following definitions. (1) A policy which provides coverages for each person…

If any provision of these sections or the application thereof to any person or circumstance is for any reason held to be invalid, the remainder of these sections and the application of such provision to other persons or circumstances will not be affected thereby. Notes 28 Tex. Ad…

(a) Guaranteed issue. (1) Eligible persons are those individuals described in subsection (b) of this section who seek to enroll under the Medicare supplement policy during the period specified in subsection (d) of this section, and who submit evidence of the date of termination, …

(a) A grantee must immediately notify the OOG in writing of any legal violations. (b) A grantee must immediately notify the OOG in writing if a project or project personnel become involved in any civil or criminal litigation and the grantee must immediately forward a copy of any …

(a) SOAH shall conduct formal hearings in accordance with the APA, the Rules of Procedure of SOAH, the Landscape Architects' Registration Law, the Rules and Regulations of the Board, and case law, provided that: (1) an administrative law judge may, by order, modify the requiremen…

(a) In order to obtain landscape architectural registration by examination in Texas, an Applicant: (1) shall have a professional degree from: (A) a landscape architectural education program accredited by the Landscape Architectural Accreditation Board (LAAB), (B) a landscape arch…

(a) A person may apply for landscape architectural registration by reciprocal transfer if the person holds a landscape architectural registration that is active and in good standing in another jurisdiction and the other jurisdiction: (1) has licensing or registration requirements…

(a) Pursuant to § 3.21 of this chapter, an applicant for landscape architectural registration by examination must successfully demonstrate that the Applicant has gained at least 3,640 hours of experience in accordance with the following table: Attached Graphic (b) An Applicant mu…

An Applicant may earn credit for experience other than under the conditions described in Section 3.191 of this subchapter if the Board considers such experience to be substantially equivalent to the experience described therein. For purposes of this subsection, education may be c…

(a) An Applicant for landscape architectural registration by examination must apply through CLARB. The Applicant is responsible for having CLARB transmit to the Board a completed application with all required supporting documentation. (b) An Applicant for landscape architectural …

(a) On a showing of good cause and on deposit of a sum reasonably estimated to cover the costs of issuing and serving the subpoena and the costs described in subsection (e) of this section, the Executive Director or the Chairman may issue a subpoena to require the attendance of a…

If the Board determines that an administrative penalty is the appropriate sanction for a violation of any of the statutory provisions or rules enforced by the Board, the following guidelines shall be applied to guide the Board's assessment of an appropriate administrative penalty…

If the Board suspends or revokes a person's certificate of registration as a result of disciplinary action, the person may not reinstate the certificate of registration or obtain a new certificate of registration unless the person: (1) demonstrates that he/she has taken reasonabl…

Grantees must expend all outstanding liabilities no later than the liquidation date of the grant period specified in an original grant award or a subsequent grant adjustment. All payments made after the completion of the grant period must relate to obligations incurred during the…

(a) Unless specifically indicated, the Administrative Procedure Act (APA) applies to all Contested Cases involving matters under the jurisdiction of the Board. (b) The Rules of Procedure of the State Office of Administrative Hearings (SOAH) apply to formal hearings of Contested C…

(a) The Board shall investigate Contested Case matters and attempt to resolve Contested Cases informally as provided in Subchapter I of this chapter (relating to Disciplinary Action). However, if a Contested Case is not settled informally pursuant to Subchapter I of this chapter,…

(a) A Landscape Architect whose registration is in good standing may apply for Inactive registration status on a form prescribed by the Board. (b) An Inactive Landscape Architect may not practice Landscape Architecture. The prohibition against the practice of Landscape Architectu…

A Medicare supplement policy shall not be deemed to meet the standards and requirements set forth in this subchapter unless the filing company has complied with the requirements of the following paragraphs. (1) Every issuer providing Medicare supplement insurance or benefits in t…

(a) Every issuer of Medicare supplement policies, contracts, certificates, or coverage for delivery in this state shall comply with the Social Security Act, §1882(c)(3) (as enacted by the Omnibus Budget Reconciliation Act of 1987 (OBRA) 1987, §4081(b)(2)(C) (Public Law Number 100…

The Executive Director or a person designated by the Executive Director shall represent the Board in any alternative dispute resolution proceeding. Notes 22 Tex. Admin. Code § 3.169 The provisions of this §3.169 adopted to be effective January 8, 2002, 27 TexReg 165

For good cause, the Board, the Executive Director, or a person designated by the Executive Director may dismiss a Contested Case at any time after a Contested Case proceeding is commenced. Notes 22 Tex. Admin. Code § 3.168 The provisions of this §3.168 adopted to be effective Jan…

(a) If a Landscape Architect fails to submit any document to the Texas Department of Licensing and Regulation as required by the Architectural Barriers Act, or a rule or procedure enacted pursuant to the Architectural Barriers Act, the Board may take disciplinary action against t…

(a) An informal conference may be held in order to provide a respondent with the opportunity to appear and answer a charge against the respondent in person. (b) An informal conference shall be attended by the respondent and each person designated by the Executive Director to atte…

(a) The Board shall cause to be published in the Board's official newsletter, on the Board's Web site, in a newspaper, or in another publication the name of any person who has received disciplinary action by the Board. The publication may include a narrative summary of the facts …

A Landscape Architect, a Candidate or an Applicant shall answer an inquiry or produce requested documents to the Board concerning any matter under the jurisdiction of the Board within thirty (30) days after the date the person receives the inquiry. Failure to respond within thirt…

(a) In computing any period of time prescribed by this subchapter, by order of the Board, or by other applicable statutory provision or rule, the period shall begin on the day after the act or the event considered and conclude at the end of the last day of such period unless the …

This chapter shall provide a system of procedures for the initiation, investigation, prosecution, hearing and resolution of disciplinary matters and allegations involving persons who are subject to the jurisdiction of the Texas Board of Architectural Examiners. Notes 22 Tex. Admi…

(a) The Board may initiate a Contested Case proceeding in response to: (1) a written complaint filed by a member of the public; (2) information provided in a registration application or renewal form; or (3) other information known to the Board which establishes probable cause. (b…

(a) If a grantee seeks to terminate any approved grant, it must notify the OOG immediately. (b) The OOG may reduce or terminate any grant when circumstances require reduction or termination, including, but not limited to when: (1) a grantee fails to comply with any term or condit…

(a) A Contested Case may be resolved informally at any time. (b) If the respondent agrees in writing to a settlement agreement and the Executive Director executes the written settlement agreement, the settlement agreement shall be presented to the Board for approval or rejection.…

(a) Each day a violation of any statutory provision or rule enforced by the Board occurs or continues may be considered a separate violation subject to disciplinary action by the Board. (b) Each sheet of architectural plans and each separate section of the specifications which ar…

(a) A Landscape Architect shall not practice or offer to practice landscape architecture in any governmental jurisdiction in which to do so would be in violation of a law regulating the practice of landscape architecture in that jurisdiction. (b) The revocation, suspension, refus…

(a) If in the course of a disciplinary proceeding, it is found by the Board that a Landscape Architect's abuse of alcohol or a controlled substance, as defined by the Texas Controlled Substances Act, Chapter 481, Health and Safety Code, contributed to a violation of the Act or th…

(a) If a Landscape Architect has any business association or financial interest which might reasonably appear to influence the Landscape Architect's judgment in connection with the performance of a professional service and thereby jeopardize an interest of the Landscape Architect…

(a) A Landscape Architect shall not: (1) knowingly participate, directly or indirectly, in any plan, scheme, or arrangement having as its purpose the violation of any provision of the Act or any provision of the Rules and Regulations of the Board; (2) aid or abet, directly or ind…

(a) The application of an Applicant against whom the Board has initiated an enforcement proceeding may be held at the Board's discretion, without approval, disapproval, or denial until: (1) all enforcement proceedings have been terminated by a final judgment or order and the time…

(a) A Landscape Architect shall not practice landscape architecture in any manner which, when measured by generally accepted landscape architectural standards or procedures, is reasonably likely to result or does result in the endangerment of the safety, health, or welfare of the…