Texas Administrative Code

(a) OO is established by Texas Government Code §531.9912 in accordance with Texas Government Code §531.9915. (1) OO has authority and responsibility over the HHS system in: (A) providing dispute resolution services; (B) performing consumer protection and advocacy functions; and (…

(a) Data. (1) OO staff maintain records of inquiries and complaints in the OO primary recordkeeping system. (2) In accordance with Texas Government Code §531.995, HHSC and DFPS must provide an ombudsman access to the records that relate to a complaint the ombudsman is reviewing o…

(a) In general. Upon request, the plan administrator or TPA shall authorize the distribution of a participant's deferrals and investment income in accordance with the applicable distribution agreement so long as: (1) the participant has attained age 70.5; (2) the participant has …

(a) An ombudsman serves as an impartial party in assisting persons, including children and youth in DFPS conservatorship, with complaints regarding issues or case-specific activities within the authority and programs of HHSC and DFPS. Each ombudsman has the same duties and proced…

(a) Definition of current market value. In this section, the term "current market value" has the following meanings. (1) For an investment in a qualified investment product offered by a bank, credit union, or savings and loan association, current market value means the amount of …

(a) The secretary of state appoints notaries public under the provisions of article IV, §26 of the Texas Constitution and Chapter 406, Government Code. (b) An individual applying for a traditional notary public commission shall use the application form prescribed by the secretary…

(a) An applicant who is an officer or employee of a state agency is not required to provide a surety bond. For the purpose of this chapter, "state agency" has the meaning assigned by §2052.101, Government Code. (b) An applicant who is an officer or employee of a state agency and …

(a) A person may not own or operate a used automotive parts recycling business or sell used automotive parts without first obtaining a license under this chapter. (b) A used automotive parts recycler license is: (1) valid for one year from the date of issuance; (2) valid only for…

(a) Required notice. A refund anticipation loan facilitator must provide the following notice to each consumer: "For questions or complaints about this transaction, contact the loan facilitator, (insert name of facilitator), at (insert facilitator's phone number and, at facilitat…

(a) If a notary public who has qualified without a surety bond transfers to another state agency, the agency to which the notary public transfers shall notify the State Office of Risk Management and the Office of the Secretary of State of the transfer. (b) If a notary public term…

(a) Remedies for violations of the sections in this chapter. (1) The plan administrator may cancel a product contract, change agreement, participation agreement, exercise any available remedy under applicable law, or combination of the preceding when a prior plan vendor uses meth…

An applicant, a partner, principal, officer, or general manager of the applicant, or another license or permit holder with a connection to the applicant may be ineligible for a used automotive parts recycling business license, if the applicant, a partner, principal, officer, or g…

In accordance with Texas Government Code §531.994, if an ombudsman discovers unreported violations of HHSC or DFPS rules and policies during the investigation of a complaint, the ombudsman must open a new investigation for each unreported violation.

An applicant for a used automotive parts recycling business license must: (1) submit a completed application on a department-approved form; (2) provide a valid federal tax identification number; (3) file proof of insurance in accordance with §87.40; (4) provide proof of a storm w…

(a) A notary public commissioned as a notary public without bond shall obtain a seal which complies with the requirements of §406.013, Government Code and §87.44 of this title (relating to Notary Seal) and which contains an additional line reading "Notary without Bond". (b) A sta…

(a) Any person participating in the deferred compensation plan, who is denied payment of benefits, may request the plan administrator or its designee to reconsider the claim. Any additional documentation in support of the claim may be submitted with the request for reconsideratio…

(a) Confidentiality Requirements. In accordance with Texas Government Code §531.996, and §87.19(b)(3) and (e)(1) of this chapter (relating to Duties and Statewide Procedures): (1) a person may communicate with an ombudsman relating to a complaint by telephone, mail, electronic ma…

(a) To renew a used automotive parts recycling business license, an applicant must: (1) submit a completed application on a department-approved form; (2) provide a valid federal tax identification number; (3) file proof of insurance in accordance with §87.40; (4) provide proof of…

(a) This subsection applies only to activities, investment products, prior plan vendors' participation in the plan, and documents that the plan administrator approved before May 7, 1990. A prior plan vendor must comply with the substantive requirements of the sections in this cha…

(a) The OO maintains a public website with information on how to contact the office via phone, online, fax, and mail. The OO develops brochures and other materials that can be distributed to consumers and healthcare providers. Contact information and materials for distribution ar…

(a) OO staff may refer a consumer to the appropriate program area within HHS or DFPS or the appropriate contractor for HHS services if the consumer has not yet attempted to resolve their issue with that HHS or DFPS program or contractor before contacting the OO. (b) OO staff may …

The plan administrator may prohibit any person from deferring funds to the deferred compensation plan who violates the plan for a period to be determined by the plan administrator. Any person with a grievance concerning action taken under this section or the plan document may sub…

(a) An ombudsman must give emphasis to assisting a person with an urgent or immediate medical or support need. (b) A contact received through an online submission is automatically and immediately loaded in the OO primary recordkeeping system and assigned to appropriate OO staff f…

The following words and terms, when used in this chapter, have the following meanings unless the context clearly indicates otherwise. (1) AMH--Adult Mental Health program. The home and community-based services adult mental health program, operated under a Texas Medicaid state pla…

(a) The secretary of state has developed a system for electronic submission of the application for a traditional notary public commission, the bond required under §406.010 of the Government Code, and the statement of officer. The secretary of state authorizes the submission of th…

(a) Plan administrator. (1) The plan administrator shall administer all aspects of the plan. (2) The plan administrator shall: (A) act for the state in all administrative matters concerning the plan; (B) adopt and amend rules that are consistent with state and federal law; (C) en…

The provisions of this chapter do not apply to: (1) a person who purchases not more than five nonrepairable or salvage motor vehicles at casual sale in a calendar year from: (A) a salvage vehicle dealer; (B) a salvage pool operator at auction; or (C) an insurance company at aucti…

The secretary of state shall, for ineligibility or good cause, reject any application, revoke the commission of any notary public, or take other disciplinary action, as outlined in §87.34 of this title (relating to Disciplinary Action), against a notary public as the secretary of…

(a) OO staff review all relevant information through inquiry into agency program systems. (b) Each complaint is investigated to determine if agency policy was followed by program staff and vendors contracted to provide services on behalf of an agency program. Applicable policies …

Good cause may include the following: (1) a false statement knowingly made in a notary public application; (2) a final conviction for the violation of any law concerning the regulation of the conduct of notaries public in this state or any other state; (3) use of the phrase "nota…

(a) The jurisdiction of the secretary of state to investigate a complaint is limited to individuals who are commissioned or have applied for commission or renewal of a commission as a Texas notary public. The jurisdiction of the secretary of state to investigate a complaint cease…

(a) The secretary of state may determine that the allegations in the complaint are not sufficient to warrant formal disciplinary action. In such case, the secretary of state may: (1) take no action on the complaint; (2) informally advise the notary public of the appropriate condu…

(a) Once OO staff have determined all pertinent information has been gathered and their investigation of a complaint is complete, they inform the consumer or individual of the outcome and whether they have determined the complaint to be substantiated, unsubstantiated, or unable t…

(a) The secretary of state has discretion to determine that the conduct that forms the basis of a complaint against a notary public does not warrant disciplinary action against the notary public and take no further action on the complaint. If the secretary of state determines tha…

(a) The plan administrator may offer independent investment advice through a qualified independent advisor in accordance with applicable federal regulations. (b) Payment for independent investment advice is allowed only from the revised plan. (c) Applicability. (1) This section a…

The secretary of state may take disciplinary action for an act or omission which occurred during a prior term of office. The secretary may also require any pending complaints against a notary public that remain at the expiration of the notary public's prior commission to be resol…

(a) For any contact in which OO staff does not have a real-time interaction with a consumer, individual, or LAR, the OO staff will follow up within one business day of the date of receipt of the contact. OO staff will follow up with the consumer, individual, or LAR at least every…

(a) In this chapter, "plan document" means the Texa$aver 457 plan document as executed and approved by the Executive Director, and as amended hereafter, as authorized by the Board of Trustees on December 4, 2014, and pursuant to subsection (c) of this section. (b) All provisions …

(a) An individual applying for an online notary public commission shall use the electronic submission platform developed by the secretary of state. (b) The application shall include: (1) the applicant's name to be used in acting as an online notary public, which shall match the n…

(a) A traditional notary public shall not perform a notarization if the principal does not personally appear before the notary at the time of notarization in accordance with §87.1 of this title (relating to Definitions). (b) The methods by which a traditional notary public identi…

A used automotive parts recycling business may not conduct business or other automotive parts recycling operations in this state unless the licensee maintains a valid general liability insurance policy in an amount not less than $250,000.

Texas Government Code §531.995 requires HHSC and DFPS to provide an ombudsman access to records that relate to a complaint the ombudsman is reviewing or investigating.

(a) An online notarization may only be performed by a notary who is commissioned as an online notary public. (b) An online notary public shall not perform an online notarization if the online notary public is not physically in Texas at the time of the notarization. (c) An online …

(a) A notary public is authorized to refuse to perform a notarial act if: (1) the notary public has reasonable grounds to believe that the principal is acting under coercion or undue influence; (2) the notary public has reasonable grounds to believe that the document in connectio…

In addition to those in §87.42 of this title (relating to Refusal of Requests for Notarial Services) in which a notary public is authorized to refuse a notarization, an online notary shall refuse to perform an online notarization if: (1) The online notary public is unable to veri…

(a) Texas Government Code §531.997 prohibits HHSC or DFPS from retaliating against an employee of either agency, as applicable, or any other person who in good faith makes a complaint to an ombudsman or against any person who cooperates with the ombudsman in an investigation. (b)…

(a) Used automotive parts recycling businesses shall be inspected in accordance with Texas Occupations Code, Chapter 51, and the inspection rules under 16 Texas Administrative Code, Chapter 60, Subchapter H. (b) The department may make information available to used automotive par…