Texas Administrative Code

(a) An owner or operator who discovers or is notified of the presence of a skimmer by a service technician or employee must: (1) immediately make a report to local law enforcement that a skimmer has been discovered and is still installed in the device; (2) notify the department w…

In accordance with Chapter 2310 of the Code, the department adopts the currently published edition of each of the following nationally recognized minimum standards for the purpose of administering and enforcing this chapter: (1) Legal standards for weights and measures. NIST Hand…

(a) In order to preserve evidence and the chain of custody, an owner or operator, retail facility employee, or unlicensed service technician is prohibited from removing a skimmer unless instructed to do so by law enforcement or the department. (b) If neither law enforcement nor t…

Texas Administrative Code Title 1 - ADMINISTRATION Title 4 - AGRICULTURE Title 7 - BANKING AND SECURITIES Title 10 - COMMUNITY DEVELOPMENT Title 13 - CULTURAL RESOURCES Title 16 - ECONOMIC REGULATION Title 19 - EDUCATION Title 22 - EXAMINING BOARDS Title 25 - HEALTH SERVICES Titl…

(a) To be eligible for a certificate of compliance, a distributor, jobber, supplier, or wholesaler must: (1) submit complete business, facility, and contact information in a manner prescribed by the department; and (2) pay the fee required under §97.71. (b) A change in the name o…

(a) The executive director of the department may issue an order to stop sale of: (1) motor fuel sold or offered for sale in violation of this chapter; or (2) motor fuel sold or offered for sale by or through a device that is in violation of this chapter. (b) Motor fuel subject to…

(a) Dealers, distributors, jobbers, suppliers, and wholesalers must keep the following records for four years:(1) all invoices, receipts, or other transmittal records of the purchase, sale, delivery, or distribution of motor fuel; and (2) any record or other document related to t…

Texas Administrative Code Title 1 - ADMINISTRATION Title 4 - AGRICULTURE Title 7 - BANKING AND SECURITIES Title 10 - COMMUNITY DEVELOPMENT Title 13 - CULTURAL RESOURCES Title 16 - ECONOMIC REGULATION Title 19 - EDUCATION Title 22 - EXAMINING BOARDS Title 25 - HEALTH SERVICES Titl…

Texas Administrative Code Title 1 - ADMINISTRATION Title 4 - AGRICULTURE Title 7 - BANKING AND SECURITIES Title 10 - COMMUNITY DEVELOPMENT Title 13 - CULTURAL RESOURCES Title 16 - ECONOMIC REGULATION Title 19 - EDUCATION Title 22 - EXAMINING BOARDS Title 25 - HEALTH SERVICES Titl…

(a) Test standards must be certified annually by a recognized or accredited laboratory that adheres to ISO 17025 standards. A service company must maintain at least one test standard per licensed device category as follows: (1) Low flow: five-gallon or greater test measure or pro…

(a) A service technician must inspect for the presence of a skimmer: (1) during a device performance review; and (2) each time a motor fuel dispenser is opened to perform device maintenance activities. (b) A service technician or the service company that employs the technician mu…

Texas Administrative Code Title 1 - ADMINISTRATION Title 4 - AGRICULTURE Title 7 - BANKING AND SECURITIES Title 10 - COMMUNITY DEVELOPMENT Title 13 - CULTURAL RESOURCES Title 16 - ECONOMIC REGULATION Title 19 - EDUCATION Title 22 - EXAMINING BOARDS Title 25 - HEALTH SERVICES Titl…

Exclusions from compliance are allowable on an individual basis for medical contraindications, reasons of conscience, including a religious belief, and active duty with the armed forces of the United States. Children and students in these categories must submit evidence for exclu…

(a) Fees: (1) Distributor--$80. (2) Jobber--$80. (3) Wholesaler--$80. (4) Supplier--$2600. (b) Late fees do not apply to this section. Notes 16 Tex. Admin. Code § 97.71 Adopted by Texas Register, Volume 45, Number 35, August 28, 2020, TexReg 6088, eff. 9/1/2020

Notes 19 Tex. Admin. Code § 100.1033 The provisions of this §100.1033 adopted to be effective April 18, 2002, 27 TexReg 3110; amended to be effective April 6, 2005, 30 TexReg 1911; amended to be effective August 26, 2010, 35 TexReg 7213; amended to be effective September 18, 2014…

(a) Subject to the requirements of this section, the terms of an open-enrollment charter may be revised with the consent of the charter holder by expansion or non-expansion amendment as approved by the commissioner of education. (b) Information relevant to all amendment requests.…

(a) Petition for renewal. (1) A charter holder of an open-enrollment charter may submit, as described by this section, a petition for: (A) expedited renewal; or (B) discretionary renewal. (2) A petition for renewal of the charter must be submitted on the date provided by the Texa…

Criteria for discretionary renewal. The following criteria shall be considered by the commissioner of education during the discretionary renewal process. The commissioner may non-renew a charter contract based on any of the following. (1) Academic: (A) assignment of an "academica…

(a) Any person desiring to practice dentistry in the State of Texas must possess a license issued by the State Board of Dental Examiners (Board) as required by the Dental Practice Act and Board rules. (b) Any applicant for licensure under this chapter must meet the requirements o…

As used in rules and regulations adopted by the Board of Trustees of the Texas County and District Retirement System: (1) the term "Act" means the Texas Government Code, Title 8, Subtitle F, as amended; (2) the term "board" means the board of trustees of the Texas County and Dist…

If the findings and conclusions of the medical board, as stated in its report, are such as in the director's opinion entitle the member under the terms of the Act to the disability retirement benefit applied for, the director may approve the retirement, calculate the amount of th…

(a) DARS is the principal authority in the state on matters relating to rehabilitation of people with disabilities. All other state agencies engaged in rehabilitation activities and related services to people must coordinate those activities and services with DARS. (b) The State …

DARS implements its general powers and duties pursuant to its statutory authority promulgated in Texas Human Resources Code, Chapter 73 (relating to Interagency Council on Early Childhood Intervention Services); Chapter 81 (relating to Texas Commission for the Deaf and Hard of He…

The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise: (1) DARS--The Texas Department of Assistive and Rehabilitative Services. (2) Counselor--A DARS employee who is trained to provide vocational g…

In addition to other procedures listed in Part 2 of this title (relating to Department of Assistive and Rehabilitative Services), people with disabilities, parents of infants and toddlers with disabilities, and other citizens have the opportunity to: (1) voice concerns through pu…

(a) Complaints may be filed with DARS either in writing through mail, e-mail, or facsimile or by videotape for people who use sign language to communicate. Complaints should be directed to the DARS customer service representative or to the commissioner. (b) For the purpose of dir…

Applications for benefits under the act not specified above, including claims for refund of deposits, may be granted by the director without formal hearing if not contested by any party and if the director is satisfied upon the basis of the application and supporting documents th…

DARS enters into appropriate cooperative arrangements with, and uses the services and facilities of, other federal, state, and local public agencies providing services related to rehabilitation of people with disabilities. DARS also works toward maximum coordination and consultat…

(a) DARS may use Criminal History Conviction information obtained from the Texas Department of Public Safety when evaluating applicants for employment. (b) In addition to or instead of that described in subsection (a) of this section, DARS may use Criminal History Record Informat…

DARS may obtain criminal history information from the Texas Department of Public Safety and may use it in connection with award and administration of DARS contracts. When DARS uses the information, DARS includes the terms and conditions of use in the affected contracts. Notes 40 …

DARS establishes and charges reasonable fees for DARS publications to cover the publication costs. However, DARS will waive the fee for a person who is disabled and financially unable to pay for the publication. The determination whether a person is financially unable to pay for …

(a) DARS may receive and use gifts and donations for carrying out its purposes as authorized in statute. (b) Only the commissioner may accept gifts or donations of real estate or permanent improvements to real estate. (c) Other gifts or donations with a value of $500 or more may …

(a) The Board may issue a provisional license to an applicant currently licensed in another jurisdiction who seeks a license in this state and who: (1) In conjunction with the application for provisional licensure, has submitted an application for licensure by examination or lice…

(a) The Division for Rehabilitation Services (DRS) and Division for Blind Services (DBS) help counselors to meet the Comprehensive System of Personnel Development (CSPD) standard by making funds available through the Qualified Vocational Rehabilitation Counselor (QVRC) program fo…

(a) If an application for benefits is approved in whole or in part without hearing, the director, by letter of notification, shall inform the applicant in writing of the action taken. (b) If the director determines that an application for benefits cannot be approved, the director…

(a) The Texas Department of Assistive and Rehabilitative Services (DARS) adopts by reference the memorandum of understanding (MOU) between the Texas Department of Criminal Justice, Texas Department of Aging and Disability Services, and Texas Department of State Health Services. T…

(a) The Texas Department of Assistive and Rehabilitative Services (DARS) adopts by reference the memorandum of understanding (MOU) between the Texas Rehabilitation Commission (now Texas Department of Assistive and Rehabilitative Services), the Texas Department of Human Services (…

(a) The Texas Department of Assistive and Rehabilitative Services (DARS) adopts by reference the memorandum of understanding (MOU) between the Texas Department of Human Services (now Texas Department of Aging and Disability Services), the Texas Department of Health (now Texas Dep…

(a) The executive director of the Texas State Board of Dental Examiners must authorize a qualified military service member or military spouse to practice dentistry in Texas without obtaining a license in accordance with § 55.0041(a), Texas Occupations Code. This authorization to …

(a) A claimant who desires to contest the action of the director denying, in whole or in part, the claim to any right or benefit under the Act may obtain a hearing of the claim as a "contested case" pursuant to the Administrative Procedure Act (Chapter 2001, Government Code) and …

(a) Where a party, pursuant to § 101.12 of this title (relating to Contest of Application: Form and Content) has filed an answer to a pending application, the issues presented shall be heard as a "contested case" in accordance with the provisions of the Administrative Procedure A…

(a) After the filing of a request for a contested case hearing pursuant to these rules, or after the filing of a third-party answer under Section 101.12 of this title (relating to Contest of Application: Form and Content), the director shall cause the contested case to be dockete…

(a) The administrative law judge who conducted the hearing, or one who has read the record, shall prepare a written proposal for decision for action by the board of trustees. The proposal for decision shall contain findings of fact and conclusions of law, separately stated, and, …

(a) Any party to the proceeding may, within 20 days after date of service of a proposal for decision, file with the State Office of Administrative Hearings (SOAH) exceptions to the proposal and may submit briefs in support of such exceptions; replies to exceptions and reply brief…

(a) The final decision in contested cases shall be made by the board of trustees, normally on the basis of a proposal for decision, of exceptions to the proposal, and briefs supporting and opposing the proposal for decision. The board, in exceptional cases, on its own motion or o…

(a) In addition to the general qualifications for licensure contained in § 101.1 of this chapter (relating to General Qualifications for Licensure), an applicant for licensure by examination who is a graduate of an accredited school must present proof that the applicant: (1) Has …

(a) These rules shall govern the procedure for the institution, conduct, and determination of all claims arising under the Act, and the administration of such other matters as are set forth under this Part 5 of Title 34, Administrative Code. They shall not be construed so as to e…

All final decisions and orders of the board of trustees in contested cases shall be in writing and shall be signed by the director. The final decision shall include findings of fact and conclusions of law, separately stated. The date of rendition shall be stated in the decision o…

The purpose of this subchapter is to establish the authority and responsibility to promote full and equal business opportunities for all businesses in an effort to remedy disparity in state procurement and contracting in accordance with the HUB goals specified in the State of Tex…

This subchapter applies to all contracts and purchase orders established under Government Code, Chapter 2155. It also applies to all bids, proposals, offers, or other applicable expressions of interest over $100,000 as defined in Government Code, Chapter 2161, Subchapter F (relat…