Texas Administrative Code

(a) Each local board of trustees of a school district or governing body of an open-enrollment charter school shall select instructional materials in an open meeting as required by Texas Government Code, Chapter 551, including public notice. (b) A school district or an open-enroll…

(a) Terms used in this section have the meanings assigned by Chapter 59 of this title, unless the context indicates otherwise. (b) To renew a license as an auctioneer or associate auctioneer, a licensee must complete six hours of continuing education in courses approved by the de…

(a) The board is established to advise the commission on educational matters, operational matters, and common practices within the auction industry, including those matters relating to use of the educational trust fund established with fees collected for the auctioneer education …

(a) An Associate Auctioneer must work under the direct supervision of a licensed Auctioneer to maintain licensure. (b) A sponsoring auctioneer must be on the premises and directly supervising an associate auctioneer when the associate is bid calling. (c) A sponsoring auctioneer i…

(a) Advertising (1) All advertisements designed to solicit auction business, including the advertisement of an auction, shall include the auctioneer's name as it appears on the license and the license number. (2) If an auctioneer advertises an auction as "absolute" or "without re…

(a) Members of the advisory board serve six-year terms. The terms expire on September 1st of each odd-numbered year. (b) Members may not serve more than two consecutive terms. (c) If a vacancy occurs during a member's term, the presiding officer of the commission, with the commis…

(a) An auction of property by live bid call, if the property is solely bid upon through the internet, is not subject to this chapter or Texas Occupations Code, Chapter 1802 and is exempt under §1802.002(4). (b) For purposes of this chapter and Texas Occupations Code, Chapter 1802…

(a) In each year in which the balance of the Auctioneer Education and Recovery Fund is less than $350,000 the department will determine the fee that shall be paid by all license holders into the Auctioneer Education and Recovery Fund (the Fund). (b) The necessity for assessing th…

A motion for consolidation of two or more Proceedings shall be in writing, signed by the movant or his Authorized Representative, and filed with the Executive Director or Examiner at least ten (10) days prior to the date set for hearing. No two or more Proceedings shall be consol…

All hearings conducted in any Proceeding shall be open to the public unless the Board, its designee, the Executive Director or Examiner determines that all or a portion of the hearing will relate to matters deemed confidential by law, in which event the hearing may be closed to t…

(a) Evidentiary hearings will be conducted by Examiners appointed by the Executive Director pursuant to Government Code, § 815.511(b) . The Examiner shall have authority to administer oaths, to examine witnesses pursuant to this chapter, and to rule upon, subject to review by the…

(a) The Examiner shall open the hearing and make a concise statement of its scope and purposes. Once the hearing has begun, the Parties or their Authorized Representatives may be off the record only when the Examiner permits. A Party may, without requesting leave from the Examine…

(a) An official record shall be made in all Proceedings by electronic sound or video recording. In Proceedings where arrangements are made for stenographic recording, an official reporter shall make and, when requested by any Party or Agency in writing, transcribe a stenographic …

(a) Formal exceptions to rulings of the Examiner during a hearing shall be unnecessary, but if made, they should be in accord with § 67.69 of this chapter (relating to rules of evidence). It shall be sufficient that the Party, at the time any ruling is made or sought, makes known…

(a) Briefs shall conform, where practicable, to the requirements for form of Pleadings set out in this chapter. The issues involved shall be concisely stated, the evidence in support of each issue shall be summarized, and the argument and authorities shall be organized and direct…

(a) Any Party may, no later than thirty (30) days after the date of service of the proposal for decision, file exceptions to the proposal for decision. Replies to the exceptions shall be filed no later than forty-five (45) days after the date of service of the proposal for decisi…

Exceptions and replies to exceptions shall conform as nearly as practicable to the rules provided for Pleadings. The specific exceptions shall be concisely stated. The evidence relied upon shall be pointed out with particularity, and that evidence and any arguments relied upon sh…

(a) Except as otherwise provided in this chapter, Proceedings shall be considered by the Board's designee for a final decision, and shall be decided on submission of the record. Upon written motion and a showing of good cause, a Party or his Authorized Representative may make a w…

(a) Counting days. In computing any period of time prescribed or allowed by this chapter, by Order of the Executive Director, Examiner, ERS, the Board or its designee, or by any applicable rules or statutes, the period shall begin on the day after the act, event, mailing, transmi…

(a) All final Orders of the Board or its designee shall be in writing and shall be signed by the chairman of the Board or by the Board's designee. A final decision shall include, adopt or reference findings of fact and conclusions of law separately stated. Findings of fact, if se…

(a) The Examiner shall postpone or continue a hearing upon the agreement of the Parties pursuant to § 67.11 of this chapter (relating to agreements to be in writing), and the Examiner may postpone or continue a hearing for good cause upon the motion of any Party, Authorized Repre…

(a) In any Proceeding, upon prior written notice by the Executive Director, the Board or its designee or by the Examiner on his own motion, or on the motion of any Party, the Parties or their Authorized Representatives, any Parties and their Authorized Representatives may be dire…

The provisions of Tex. R. Civ. P.215 shall apply to Proceedings governed by this chapter, except to the extent the rule is inconsistent with the provisions of the APA or this chapter. Examiners shall not have authority to impose monetary sanctions or costs. In addition, all motio…

Parties may be aligned according to the nature of the Proceeding and their relationship to it and each other. Notes 34 Tex. Admin. Code § 67.19 The provisions of this §67.19 adopted to be effective on March 19, 1986, 11 TexReg 1149; amended to be effective September 14, 2006, 31 …

Upon receipt of a timely appeal for contested cases involving eligible claims for Nonoccupational Disability Retirement benefits, Occupational Disability Retirement benefits, Long Term Disability Income Insurance benefits, Short Term Disability Income Insurance benefits, State of…

(a) Comportment. Every Party, witness, and Authorized Representative shall comport himself in all Proceedings, depositions, conferences, meetings and hearings with dignity, courtesy, and respect for the Board, its designee, the Executive Director, Examiners, and all other Parties…

The Parties to a contested case may engage in any type of discovery authorized by the Texas Rules of Civil Procedure and the APA. The manner and procedure for engaging in such discovery, including, but not limited to deadlines to object or respond to discovery requests, shall be …

No stipulation or agreement between the Parties or their Authorized Representatives, with regard to any matter involved in any Proceeding governed by this chapter, shall be enforceable unless it is reduced to writing and signed by the Parties or their Authorized Representatives o…

(a) Motions for dismissal without a hearing may be filed and ruled upon by the Executive Director, when the matter is pending before ERS, or by the Examiner, when the matter is pending before the Examiner, for any of the following reasons: (1) failure to prosecute a claim; (2) un…

(a) To the extent permitted by law, any Party may appear and represent himself or, upon written notice duly filed with the Executive Director or Examiner may, at the Party's own expense, appear through any Person authorized by that Party to make appearance for him except as provi…

(a) Any Person, Administering Firm, Insurer or Agency with standing and who is interested in intervening in any Proceeding before the Board or its designee may request to appear formally in the Proceeding, by filing a motion to intervene with the Executive Director at least thirt…

(a) A vendor who is aggrieved by the solicitation, evaluation, or award of a contract may file a formal written protest with the Director of Procurement and Contract Oversight. Formal protests must conform to the requirements of this subsection, subsections (c) and (d), and, when…

Witness fees are as follows: (1) Mileage and per diem allowances are the same as those provided for state employees under applicable law or regulation. (2) A standard appearance fee for each day or part of a day the Person is necessarily present as a witness is set at $50. A witn…

Parties to Proceedings governed by this chapter are classified as ERS, Appellants, Appellees, Agencies, Insurers, Administering Firms or Intervenors. Notes 34 Tex. Admin. Code § 67.15 The provisions of this §67.15 adopted to be effective March 19, 1986, 11 TexReg 1149; amended to…

(a) Instructional materials review and approval (IMRA) reviewers shall participate in training that includes at least the following: (1) the responsibilities of an IMRA reviewer; (2) statutes and rules pertaining to the IMRA process; (3) essential knowledge and skills specified f…

(a) When the Executive Director denies a claim, or takes other action for which an appeal is allowed by law, the Participant or Member will be informed that he/she has 30 days from the date the determination letter is served on the Participant or Member to file a written notice o…

(a) When a request for oral argument is granted pursuant to § 67.87 of this chapter (relating to submission of appeals to the Board's designee), the Examiner who prepared the proposal for decision shall, if practicable, present the Proceeding to the Board or its designee during t…

The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise. (1) Administering Firm--Any firm designated by the Board to administer any coverages, services, claims, benefits, or requirements in accord…

(a) Except as otherwise provided in these rules, documents and Pleadings relating to any Proceeding pending or to be instituted before ERS, the Board or its designee shall be filed with and/or served upon the Executive Director. (b) Unless otherwise provided by applicable law or …

(a) Each regional education service center (ESC) executive director shall designate one person to supervise all access to pre-approval instructional materials under consideration. (b) On or before the date specified in the request for instructional materials for review, each ESC …

The State Board of Education (SBOE) shall review the results of the instructional materials reviews completed by a review panel and submitted by the commissioner of education in accordance with Texas Education Code (TEC), §31.022 and §31.023. Instructional materials may be placed…

(a) A publisher with approved materials shall comply with product standards and specifications. (b) Publishers participating in the adoption process are responsible for all expenses incurred by their participation. (c) A publisher may not submit instructional materials for review…

(a) Upon the adoption of revised Texas Essential Knowledge and Skills (TEKS) or Texas Prekindergarten Guidelines (TPG), the State Board of Education (SBOE) shall determine if the extent of the revisions have created a need to remove instructional materials from the list approved …

Pleadings filed with the Executive Director, or filed with the Examiner as provided in § 67.7 (b) of this chapter (relating to filing and service of documents and Pleadings), include notices, applications, notices of appeals, claims, answers, exceptions, replies, motions, or brie…

(a) Standards under this section apply to any publisher that supplies instructional materials that are reviewed by a review panel under Texas Education Code (TEC), §31.022 and §31.023, and placed on the list of approved instructional materials by the State Board of Education (SBO…

(a) Typewritten or printed. Pleadings shall be typewritten or printed on paper not to exceed 8 1/2 inches by 11 inches with an inside margin at least one inch wide and attached exhibits shall be folded to the same size. Unless printed, the impression shall be on one side of the p…

Any motion relating to a pending Proceeding, unless made during a hearing, shall be written and shall set forth the relief sought and the specific reasons and grounds for relief. If based upon matters which do not appear of record, it shall be supported by certified copies of doc…