Texas Administrative Code

Any party may waive the right to review and comment upon the judge's proposal for decision. The waiver shall be either in writing or stated on the record at the hearing.

(a) Pleadings. Unless right of review has been waived, any party may within 20 days after the date of issuance of the proposal for decision, file exceptions or briefs. The request shall be served on the parties and the judge, shall specify the issues to be briefed and shall set r…

The judge may file an amended proposal for decision in response to exceptions, replies, or briefs submitted by the parties. The parties are not entitled to file exceptions or briefs in response to the amended Proposal for Decision (PFD), but may raise any issues before the commis…

(a) Installers shall use only prefabricated or site built stabilizing components and systems which are: (1) registered with the Department, (2) specified by the home manufacturer's DAPIA approved installation instructions, or (3) specified for one or more homes in a particular ar…

The name of the nonprofit association in a statement appointing an agent should be the name under which the association regularly conducts its activities in this state. The name of the nonprofit association in the statement appointing an agent should be the name as it appears in …

(a) The chief clerk, in coordination with the judge, shall schedule motions by parties requiring commission action and the presentation of the proposal for decision. The judge, when transmitting the proposal for decision, shall notify the parties of the date of the commission mee…

In proceedings where a judge has held a public hearing and has issued a proposal for decision or other report to the commission, all oral presentations before the commission shall be limited to five minutes each, excluding time for answering questions, unless the chairman or gene…

The commission, on the motion of any party or on its own motion, may order the judge to reopen the record for further proceedings on specific issues in dispute. The commission's order shall include instructions as to the subject matter of further proceedings and the judge's dutie…

(a) Decision. The commission shall make its decision upon the expiration of 30 days or later following service of the judge's proposal for decision, unless the parties have waived review. The decision, if adverse to any party, shall include findings of fact and conclusions of law…

(a) In an enforcement case, a decision shall also include provisions requiring remedial relief (technical ordering provisions), as necessary, and one of the following findings: (1) that a violation has occurred and that a specific amount of penalties should be assessed; (2) that …

(a) All pleadings filed under this chapter should contain: (1) the name of the party; (2) the names of all other known parties; (3) a concise statement of the facts and the law relied upon; (4) a prayer stating the type of relief, action, or order desired; (5) any other matter re…

(a) Any decision in an administrative hearing before the commission that is subject to this section. (b) Filing motion. A motion for rehearing is a prerequisite to appeal. The motion shall be filed with the chief clerk not later than 25 days after the date that the decision or or…

Except as provided in §80.274 of this title (relating to Motion for Rehearing Not Required in Certain Cases), in the absence of a timely motion for rehearing, a decision or order of the commission is final on the expiration of the period for filing a motion for rehearing. If a pa…

(a) A motion for rehearing is not required, and §80.272 and §80.273 of this title (relating to Motion for Rehearing and Decision Final and Appealable) do not apply when a final commission order is issued under Texas Government Code, §2001.144(a)(3) or (4). (b) The commission may …

(a) Petition. A person affected by a final decision or order of the commission may file a petition for judicial review within 30 days after the decision or order is final and appealable. General procedures for appealing an order of the commission in contested cases are governed b…

(a) If an adversely affected party or the party's attorney of record does not receive the notice or acquire actual knowledge of a signed commission decision or order before the 15th day after the date that the decision or order is signed, a period specified by or agreed to under …

(a) Within the 30-day period immediately following the day on which the commission's order in a contested case is final, in accordance with the APA, the person charged with a penalty shall pay the penalty in full. (b) The person assessed a penalty by the commission may suspend en…

A party who appeals a final decision in a contested case shall pay all costs of preparation of the original or a certified copy of the record of the agency proceeding that is required to be transmitted to the reviewing court. A charge imposed as provided by this section is consid…

(a) Up to seven days before the hearing, parties to an enforcement action may file supplemental or amended pleadings, so long as those pleadings do not operate as an unfair surprise to the opposite party. Amendments after that time will be at the discretion of the judge and may c…

(a) The Board may take disciplinary action against a licensee or other person who violates a statute or rule under the Board's jurisdiction. (b) The Board's disciplinary actions shall consider the seriousness of the violation, any harm to a patient, the circumstances of the licen…

The secretary of state will not determine substantial compliance with the provisions of the Texas Business Organizations Code, nor will the secretary of state determine whether a domestic limited liability partnership meets the insurance or financial responsibility requirements o…

(a) License Fees and Renewal Fees: (1) $850 for each manufacturer's plant license; (2) $550 for each retailer's sales license; (3) $350 for each broker's license; (4) $350 for each installer's license; (5) $200 for each salesperson's license; and (6) $25.00 for each reprint of a …

(a) A licensee, other than a salesperson, must maintain all required records at a location that meets the requirements of §1201.103(a-1) of the Standards Act. All records required by this chapter must be maintained in the licensee's files for a period of not less than six (6) yea…

(a) A manufacturer shall submit a monthly shipment report to the Department of all manufactured homes produced during the preceding month for shipment to any point in Texas. The report shall contain the following information: (1) the complete HUD label number(s); (2) the complete…

(a) A motion, unless made during a hearing, shall be made in writing, shall set forth the relief or order sought, and shall be timely filed with the chief clerk. Any reply to the motion shall be timely filed with the chief clerk with copies served on the judge and other parties. …

(a) A retailer shall retain as a record of each sale a file for that sale containing a completed Retail Monitoring Checklist on the prescribed form, together with copies of all completed, executed, and signed applicable documents specified therein. (b) At the time of signing a co…

When any papers or records in the custody and control of the commission are lost or destroyed, the parties, with the approval of the commission, may agree in writing on a brief statement of the matters contained therein or any person may at any time supply such lost records or pa…

(a) If the retailer subcontracts installation to another licensed installer, their respective responsibilities are as set forth in the Standards Act. (b) For used manufactured homes, the person contracting with the consumer for the installation of the home is the installer and mu…

(a) For each transaction where a broker is engaged to provide services, a broker shall retain the disclosure statement set forth on the Department's website. (b) For each home sold by a consumer in a brokered sale, the broker shall retain a file for that sale with copies of all r…

(a) A salesperson may not act in any capacity beyond the scope of a salesperson unless they are legally authorized to do so. (b) A salesperson may not collect any monies in connection with a manufactured home transaction except in the name of the sponsoring retailer or broker.

(a) Any home that is salvaged as defined in §1201.461 of the Standards Act, may be rebuilt/repaired for purposes of issuance of a manufactured Statement of Ownership at the option of the Department after inspection in accordance with Department procedures. Notification in writing…

(a) The retailer, installer, or manufacturer shall take immediate corrective action when notification is received from a consumer and the nature of the complaint indicates an imminent safety hazard or serious defect. (b) Except as provided in subsection (a) of this section, manuf…

(a) A consumer may modify or waive the right to rescind the deadlines for disclosures before the execution of the contract if the consumer determines that the purchase transaction is needed to meet a bona fide emergency. To modify or waive the right, the consumer shall give the r…

The Board shall designate the membership of an advisory committee of not more than 24 members, that meets the requirements of §1201.251(d) of the Standards Act, and the committee shall report as specified §1201.251(e) of the Standards Act.

(a) Applicability and delegation is as follows: (1) Any application that is declared administratively complete on or after September 1, 1999, is subject to this section. (2) The commission delegates to the State Office of Administrative Hearings the authority to conduct hearings …

(a) The following table contains the categories of penalties for violations of statutes and laws under the Board's jurisdiction. Attached Graphic (b) All violations of statutes and rules under the Board's jurisdiction are subject to a maximum penalty of up to $1000 per violation …

An application for registration, renewal, amendment or withdrawal may be amended or corrected by filing a certificate of amendment in duplicate, executed in the manner of an initial application, and accompanied by the required filing fee. In the case of a domestic limited liabili…

(a) For purposes of meeting the security requirements of §1201.105 of the Standards Act, "other security" means a deposit in a state or federally chartered bank or savings and loan association. If other security is posted, the other security must be maintained in or by a banking …

(a) General License Requirements. In order to apply to obtain a license, the promulgated form of application for such license must be fully completed and executed and submitted to the Department, accompanied by the required fee, required security, and all other required supportin…

(a) During the investigation of a complaint, the Enforcement Committee may order the outside peer review of a licensee's standard of patient care or billing practices. (b) To qualify as a peer reviewer, a person shall: (1) have an active license with the Board or appropriate prof…

(a) The Board shall permit undercover investigations only when other investigative techniques have failed or are not appropriate. (b) If an undercover investigation is needed, a Board investigator shall submit to the Enforcement Committee a written request containing: (1) the spe…

(a) Any application that is declared administratively complete on or after September 1, 1999, is subject to this section. (b) When a case is referred to the State Office of Administrative Hearings (SOAH), the chief clerk shall: (1) file with SOAH a Request for Setting of Hearing …

The Board delegates authority to the Enforcement Committee to issue cease and desist orders against individuals practicing chiropractic without a license.

A foreign limited partnership that is subject to registration under the provisions of §9.001 of the Texas Business Organizations Code and that has the status of a limited liability partnership under the laws of a state other than Texas also must file an application for registrati…

(a) A licensee shall not obstruct or hinder any inspection, investigation, or enforcement efforts being carried out by the Department. (b) Subpoenas or any other order issued by the Director may be served by any person acting on behalf of the Director.

(a) Unless otherwise expressly set forth in the Standards Act or this chapter, all hearings shall be held and conducted pursuant to the applicable provisions of Government Code, Chapter 2001. (b) Any party to a hearing may request that a record of the hearing be made and transcri…

(a) In accordance with the provisions of §1201.605 of the Standards Act, the Director may assess and enforce penalties and sanctions against a person who violates any applicable law, rule, regulation, or administrative order of the Department. (b) The determination of any penalti…