Texas Administrative Code

(a) The claimant and the claimant's attorney or authorized agent, if any, and the carrier's representative must attend all prehearing conferences pertaining to the claim under consideration. (b) A request for a prehearing conference shall constitute an agreement by the requesting…

(a) The board may cancel a prehearing conference: (1) at the request of the party who initially requested the prehearing conference; (2) at the request of any party required to attend the prehearing conference, with the agreement of the party who initially requested the prehearin…

(a) Except as otherwise provided, the board will give at least 30 days written notice of the prehearing conference date to all interested parties. (b) If income or medical benefits are not being paid, the board may set a prehearing conference with less than 30 days notice. Notes …

Where the request for continuance or postponement is based upon the payment of compensation and furnishing of medical aid, the resident reviewer or the prehearing officer may still maintain the setting where there is a showing of hardship on the part of the claimant. Notes 28 Tex…

(a) Where the claimant fails to make a personal appearance at the prehearing conference without good cause, such failure to appear shall result in postponement until the board is assured in writing of appearance. (b) Where the attorney or carrier representative fails to comply wi…

Although no testimony will be taken at a prehearing conference, nevertheless, the claimant, carrier's representative, and any other witnesses in attendance must, if called upon by the prehearing examiner or the adverse party, fully participate by responding to requests for inform…

A viable prehearing conference system is important to the efficient functioning of the workers' compensation program in this state. This necessarily includes a good faith effort on the part of both claimant or his/her attorney and of the carrier to negotiate in good faith. In ord…

Abusive, threatening, and vulgar language or gestures will not be tolerated at a prehearing conference. Violation of this board rule by any party or witness may result in a continuation of the hearing until a later date, sanctions, or, in appropriate instances, charges of unethic…

Consular officers and their attorneys shall comply with all board rules and shall attend any prehearing conference or board hearing set on any compensation claim where such consular officers or their attorneys shall purport to represent the interests of any resident or nonresiden…

The department shall develop, implement, and follow guidelines and policies to ensure compliance with the provisions of Government Code, § 2252.202(a) . Notes 31 Tex. Admin. Code § 61.22 Adopted by Texas Register, Volume 43, Number 10, March 9, 2018, TexReg 1443 , eff. 3/15/2018

(a) If the carrier, having received written notice of a compensable lost time injury as provided in Texas Civil Statutes, Article 8306, §18a, is not timely paying compensation, or ceases the payment of such benefits, the board shall set the claim for a prehearing conference on th…

(a) If the board determines that financial hardship may exist and the carrier has failed to tender an adequate advance or acceleration of benefits within 10 days from the filing of a hardship affidavit with the board, the board shall schedule such case for prehearing conference o…

Upon a showing of good cause, prehearing will be set by the board on the insurance carrier's request. It shall be presumed the payment of compensation benefits for a period of consecutive 52 weeks or longer constitutes a case of "extended disability," and in such cases the carrie…

(a) Pursuant to Texas Code of Criminal Procedure Article 56.32(a)(9)(E), the OAG may make payments for actual loss of support for the dependent(s) of a victim. Under this provision, actual loss of support will be paid to the victim or to a claimant on behalf of a dependent(s) if …

(a) The limits on amounts of awards may be different from the amounts listed in this chapter based on the statute and rules in effect at the time of the criminally injurious conduct. (b) Under Texas Code of Criminal Procedure Article 56.32(a)(9)(c), the actual cost of care for a …

(a) The crime victims' fund is the payer of last resort, according to Texas Code of Criminal Procedure Article 56.34(f). Under Texas Code of Criminal Procedure Articles 56.34(b) and 56.36(b)(3)(B), the OAG may only pay for those actual pecuniary losses that are not paid by a coll…

(a) A victim or claimant may receive a lump sum payment for pecuniary loss based on an amount equal to the pecuniary loss accrued to the date of the award for installment payments. (b) A victim or claimant may receive a lump sum payment for future loss of earnings or loss of supp…

(a) In accordance with Texas Code of Criminal Procedure Article 56.50, the OAG may make an emergency award, not to exceed $1,500, before acting on an application if it appears likely that: (1) a final award will be made; and (2) the victim or claimant will suffer undue hardship i…

(a) If a victim or claimant is receiving ongoing compensation from the OAG for a pecuniary loss and the victim or claimant begins receiving compensation from a collateral source, the victim or claimant must notify the OAG of the collateral source in accordance with § 61.406 of th…

(a) Upon initial notification by the OAG that a victim or claimant is eligible for compensation, the victim or claimant must submit bills, records or other evidence of a pecuniary loss to the OAG within 30 days of the date of notification of the decision to award. (b) To continue…

(a) The OAG shall award compensation under Texas Code of Criminal Procedure Article 56.34, if the OAG determines that the victim or claimant has incurred an actual pecuniary loss as a result of criminally injurious conduct. This includes actual, reasonable and necessary pecuniary…

(a) Under the Texas Education Code (TEC), §11.159, the State Board of Education (SBOE) shall adopt a framework for governance leadership to be used in structuring continuing education for school board members. The framework shall be posted to the Texas Education Agency (TEA) webs…

(a) This section, made pursuant to Texas Education Code (TEC), §48.011 and §48.004, addresses calculations in TEC, § 48.2551 . (b) School districts' maximum compressed maintenance and operations (M&O) tax rates, as determined by TEC, § 48.2551 and § 48.2552 , and relevant rules, …

(a) This section, made pursuant to Texas Education Code (TEC), §48.011 and §48.004, addresses calculations in TEC, § 48.2551 . (b) For purposes of determining a district's maximum compressed tax rate (MCR) under TEC, § 48.2551(b) , for the 2020-2021 school year, the value of the …

(a) This section, made pursuant to Texas Education Code (TEC), §48.011 and §48.004, addresses calculations in TEC, § 48.2551 and § 48.2552 . (b) For purposes of determining a district's maximum compressed tax rate (MCR) for a given tax year under TEC, §§ 48.2551(b)(1)(B) , 48.255…

(a) This rule, made pursuant to Texas Education Code (TEC), §48.011 and §48.004, addresses calculations in TEC, § 48.106(a)(2)(B) and (C) . (b) In place of funding under TEC, § 48.106(a)(2)(B) and (C) , a district is entitled to $50 for each student in average daily attendance en…

(a) This rule, made pursuant to Texas Education Code (TEC), §48.011 and §48.004, addresses calculations in TEC, §§ 12.106 , 48.051 , and 48.102 . (b) An open-enrollment charter school shall receive additional special education funding in an amount equal to the difference, if that…

(a) This rule, made pursuant to Texas Education Code (TEC), §48.011 and §48.004, addresses calculations in former TEC, § 42.2513 . (b) A regional education service center is entitled to $500 for each full-time and $250 for each part-time employee, other than administrators or emp…

(a) General provisions. For the purpose of determining state aid and excess local revenue under the Texas Education Code (TEC), Chapter 46 and Chapter 48, calculations that include tax collections as a data element shall reference subsection (b) of this section. (b) Definitions. …

(a) Definitions. The following definitions apply to the school safety allotment (SSA) in accordance with Texas Education Code (TEC), §48.115. (1) School district campus--a campus that: (A) has its own unique campus ID number registered with the Texas Education Agency (TEA), an as…

(a) Definitions. The following definitions apply to the fast growth allotment in accordance with the Texas Education Code (TEC), §48.111. (1) Fast growth district--A school district with total enrollment growth, based on a prior six-year period, that exceeds 250. (2) Enrollment--…

(a) This section applies only to the special purpose school districts operated by the University of Texas at Austin and Texas Tech University. (b) The special purpose school districts operated by the University of Texas at Austin and Texas Tech University are public schools of th…

(a) General provisions. This section implements Texas Education Code (TEC), §48.252 (School District Entitlement for Certain Students), which provides for additional funding for a school district that has entered into a contract to partner to operate a district campus under TEC, …

(a) General provisions. This section implements Texas Education Code (TEC), §48.277 (Formula Transition Grant), which provides for additional funding for school districts with new funding levels that did not exceed certain thresholds as a result of the passage of House Bill (HB) …

(a) Definitions. The following words and terms, when used in this section, have the following meanings, unless the context clearly indicates otherwise. (1) Home district--District of residence of a transferring student. (2) Receiving district--District to which a student is trans…

(a) General provisions. This section implements the Texas Education Code (TEC), § 42.2524 (Reimbursement for Disaster Remediation Costs). The commissioner of education may make a grant application available and announce the amount of funds available and the due date for applicati…

(a) General provisions. This section implements the Texas Education Code (TEC), § 41.0931 (Disaster Remediation Costs). The commissioner of education shall make an attendance credit application available. The commissioner may make a credit application available prior to a request…

(a) A school district is eligible for a property value adjustment if a major taxpayer fails to pay all or a portion of its ad valorem taxes because of a protest regarding the valuation of its property. (1) A taxpayer is considered "major" if the amount protested contributes 5.0% …

(a) General provisions. This section implements the Texas Education Code (TEC), §48.151(d)-(d-2) (Transportation Allotment), which allows a school district to apply for up to an additional 10% of its regular transportation allotment to be used for the transportation of students l…

(a) If a Texas resident suffers personal injury or death as a result of criminally injurious conduct that occurs in another state or country that has a crime victims' compensation program, the victim or claimant must first apply for compensation from that state or country. The ot…

(a) In order to determine whether the funeral and burial expenses are reimbursable, the OAG will review the supporting documentation provided by the claimant or the service provider. Supporting documentation includes, but is not limited to, the funeral purchase agreement, a buria…

(a) The OAG may verify and investigate an application or award. Verification and investigation includes, but is not limited to: (1) a verification of any evidence submitted to the OAG; (2) a review of records submitted by a service provider; or (3) a post payment audit to verify …

(a) All bills for emergency medical treatment, medical, psychiatric care or counseling, and all bills of health care service providers must be itemized and submitted on a form approved by the OAG. If a collateral source is available, the explanation of benefits (EOB) showing the …

(a) The OAG may require victims, claimants, or health care service providers to submit current medical reports or records including information regarding the treatment, diagnosis, and prognosis of the victim or claimant's condition. The OAG may require a health care service provi…

(a) Pursuant to Texas Code of Criminal Procedure Article 56.42(c), the OAG limits compensation for psychiatric care or counseling to: (1) for criminally injurious conduct between October 12, 1992 and August 31, 1994, $3,000 or 40 sessions per victim or $1,000 per eligible residin…

(a) Expenses relating to the victim's inpatient psychiatric hospitalization, residential treatment or intensive outpatient programs are limited to 30 days of treatment, unless good cause is shown. (b) The OAG may require a written authorization prior to the victim's admission for…

Pursuant to Texas Code of Criminal Procedure Article 56.34, if circumstances require that the victim or claimant personally pay a medical, or psychiatric care or counseling expense incurred as a direct result of criminally injurious conduct or for emergency medical treatment, the…