Texas Administrative Code

(a) Applicability. This rule applies to permits issued administratively by the Commission through the operating divisions listed in Table 1 of this section and for which the median permit processing time exceeds seven days. These permits are listed in Table 1 of this section. For…

(a) The Family Practice Residency Advisory Committee shall consist of 12 members, including: (1) one member who is a licensed physician appointed by the Texas Osteopathic Medical Association; (2) two members who are licensed physicians appointed by the Association of Directors of…

(a) Any person who has a justiciable or administratively cognizable interest and who is not an applicant, petitioner, complainant, respondent, or protestant and who desires to be designated as a party in any contested case before the Commission may file a petition for leave to in…

The department may use state funds to provide training and education for its employees in accordance with the provisions of the Texas Government Code, Chapter 656, Subchapters C and D. (1) Training to be duty related. The training or education must be related to the duties or pro…

(a) Relief through interim ruling. Prior to presentation of a contested case to the Commission at an open meeting, a party may seek, through an examiner, or Hearings Director, as appropriate, relief through interim ruling, but that ruling shall not be considered of the same natur…

(a) Employee Training Eligibility. Employees are eligible to participate in training opportunities, subject to department policy, managerial discretion, and available funds. Eligibility for training is determined without regard to race, color, disability, religion, sex, gender, n…

(a) After the record of a hearing has closed, the administrative law judge shall issue a proposal for decision, stating findings of fact, conclusions of law and making a recommendation to the commissioner on the case, or issue a final order, if authorized. (b) For cases heard by …

(a) A motion shall be filed with the Docket Services Section, unless dictated into the record during the pendency of a hearing, and shall state the relief sought and the specific reasons for the motion. If the motion is based upon alleged facts that are not a matter of record, it…

In addition to any other penalties authorized by law or by Commission rule, the violation of any general or special rule of practice and procedure shall be sufficient cause for the Commissioners, after notice and hearing, to enter an order holding the offender in contempt or subj…

(a) Capitalized words used herein have the meaning assigned in the specific Chapters and Rules of this Part that govern the program to which a Household or Family level recipient or beneficiary has applied, or as assigned by federal or state law. (b) This policy applies for any f…

(a) A final decision or order in a contested case shall comport with all of the requirements of the APA, §2001.141, and shall be served on parties in accordance with the APA, §2001.142. (b) A final decision or order issued in a contested case shall be issued within 60 days from t…

(a) Pleadings may be amended or supplemented when permitted by statute or when justice so requires. (b) Unless the Commission, the Hearings Director, or the examiner approves and issues additional notice as required by law, an application, petition, or complaint, upon which origi…

(a) Approval subject to available funds. Approval to participate in or receive reimbursement for a training and education program is not automatic and may be subject to the availability of funds within the department's budget. (b) Attendance may be required. A department employee…

Motions for extension of time shall be in writing, filed with the hearings clerk or other staff member primarily responsible for legal support to the administrative law judge for the department, or SOAH, and served on all parties no less than five days prior to the date that the …

Subject to available funds, a public elementary or middle school from an urban public school district in the state, or a nonprofit organization that partners with an eligible school, is eligible to receive a grant under this subchapter if the school or nonprofit organization subm…

(a) Any responsive pleading shall be filed by a party within 10 days after filing of the pleading to which the response is made or as ordered by the examiner. (b) A responsive pleading to a complaint filed under this chapter shall be filed by the respondent within 20 days of the …

Notice of application for contested cases shall be given in accordance with applicable law, rule, or order of the Commission. Notes 16 Tex. Admin. Code § 1.41 The provisions of this §1.41 adopted to be effective June 1, 1991, 16 TexReg 2289; Adopted by Texas Register, Volume 42, …

The Urban Schools Grant Program is designed to establish demonstration agricultural projects or other projects designed to foster an understanding and awareness of agriculture in certain Texas urban public school districts by awarding grants to eligible elementary and middle scho…

The department adopts by reference the rules of the Texas Comptroller of Public Accounts in Texas Administrative Code, Title 34, Part 1, Chapter 20, Subchapter D, Division 1, (relating to Historically Underutilized Businesses) to administer and implement the department's HUB prog…

(a) A review panel appointed by the commissioner shall review grant proposals and make a recommendation to the commissioner for awarding the grants. (b) The review panel shall be composed of the following: (1) one person having experience or expertise in developing elementary and…

A Grantee must follow procedures and maintain facilities that comply with all applicable federal, state and local laws and regulations related to fire, health, sanitation, and safety, and obtain all necessary permits. All food preparation, handling, and service activities shall c…

The purpose of this subchapter is to encourage historically underutilized businesses (HUBs) to bid for contract and open market purchases of the department and to maximize contracting opportunities for HUBs. Notes 4 Tex. Admin. Code § 1.71 The provisions of this §1.71 adopted to …

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. (1) Commissioner--The Commissioner of Agriculture, Texas Department of Agriculture. (2) Department--The Texas Department of Agriculture.…

(a) Purpose. The purpose of this rule is to provide the procedural steps by which an appeal can be filed relating to Department decisions as authorized by Tex. Gov't Code § 2306.0321 and § 2306.0504 which together require an appeals process be adopted by rule for the handling of …

(a) For this section, the word Subrecipient also includes Multifamily Development Owners who have Direct Loan or HOME-ARP Funds or grants, or 811 PRA assistance. The Department requires Subrecipient organizations, and any entities who perform services and assistance on their beha…

(a) The Department annually shall determine: (1) the total amount of money available for grants under this subchapter; (2) the number of residents at least 60 years of age in this state, according to the most recent federal decennial census; and (3) the number of residents at lea…

(a) The application shall be in a form prescribed by the Department, in accordance with this subchapter. (b) The application submitted to the Department in accordance with § 1.954 of this title (relating to Eligibility for Grant), shall: (1) be notarized and signed by the Organiz…

Each Home-delivered meal to which grant funds are applied shall be approved by a Dietary Consultant. Each meal must meet 1/3 of the recommended dietary allowance (RDA) for adults and the Dietary Guidelines for Americans, or if the organization receives funding through the Texas D…

(a) All contested case hearings shall be recorded by electronic means. Upon request, and payment of the required fees, any person may be provided a copy of this recording. (b) Upon written request by any party, a transcript of the hearing shall be made. The cost of the preparatio…

(a) These rules shall govern the procedure for the institution, conduct, and determination of proceedings before the department including hearings referred to SOAH. They shall not be construed so as to enlarge, diminish, modify, or alter the jurisdiction, powers, authority, or th…

The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise. (1) Approved Organization--An organization that submitted an application under this subchapter that was subsequently approved by the Departmen…

Each Grantee using grant funds received under this subchapter toward the preparation or delivery of a Home-delivered meal must provide such meal in accordance with the service requirements outlined in Title 40 Texas Administrative Code, § 55.27(a) and (c) , or other applicable lo…

(a) Purpose. The purpose of this section is to inform compliance with Tex. Gov't Code Ch. 2105, Administration of Block Grants. (b) Applicability. This rule applies to all funds administered by the Department that are subject to Tex. Gov't Code Ch. 2105. The activities administer…

(a) In a contested case, each party is entitled to an opportunity: (1) for hearing after reasonable notice of not less than 10 days; and (2) to respond and to present evidence and argument on each issue involved in the case. (b) Each notice of hearing shall include the following:…

The department will provide in-house training for all its personnel involved in making purchases on behalf of the department which will focus on soliciting HUBs to participate in bidding on contract and open market purchases of the department. Notes 4 Tex. Admin. Code § 1.76 The …

Subject to available funds, a nonprofit organization is eligible to receive a grant under this chapter if the organization: (1) has at least five years of experience coordinating a statewide network of food banks and charitable organizations that serve each county of this state; …

The signatures of parties, representatives, or attorneys shall constitute a certificate as provided in the Texas Rules of Civil Procedure, Rule 13, and sanctions may be imposed for violations of that rule as provided therein. Notes 4 Tex. Admin. Code § 1.9 The provisions of this …

Grant recipients shall submit required reports in accordance with department procedures, and as specified in the grant agreement entered into by the department and the grant recipient. Notes 4 Tex. Admin. Code § 1.804 The provisions of this §1.804 adopted to be effective November…

Unless otherwise provided for in the APA or this chapter, the Texas Rules of Civil Procedure may be applied to govern procedural matters in proceedings before the department where, in the determination of the administrative law judge, such rules are practicable. Notes 4 Tex. Admi…

An Organization is eligible to receive a grant under this subchapter if it: (1) administers a home-delivered meal program and is a direct provider of home-delivered meals to Elderly persons and/or persons with a Disability; (2) (if a nonprofit private organization) has a voluntee…

(a) Before an Organization may receive a grant from the Department, the county in which the Organization provides meals must make a grant to the Organization. The grant must be for the provision of home-delivered meals to the homebound elderly and disabled in that county. (b) A c…

(a) The procurement of all goods and services shall be conducted, to the maximum extent practical, in a manner providing full and open competition consistent with the standards of 2 CFR Part 200 , UGMS, and TxGMS, as applicable. (b) Subrecipients shall establish, and require its …

(a) Every contested case hearing on an action before the department shall be conducted by an administrative law judge. (b) The administrative law judge presiding shall have the authority to do the following: (1) set hearing dates, times, and locations; (2) convene the hearing at …

Approval to participate in the department's training and education programs, including tuition reimbursement, shall not in any way affect and employee's at-will status. Participation in these programs does not constitute a guarantee or indication of continued or future employment…

(a) General Employee Obligations. Employees participating in the department's training and education programs are obligated to comply with department policies and procedures. (b) Employee Reimbursement Obligations. Employees who qualify for and receive educational assistance tuit…

(a) The department will obtain the Texas Historically Underutilized Business Certification Directory from the Texas Comptroller of Public Accounts to identify minority and female-owned businesses certified as HUBs in the state. (b) The department will use the directory to solicit…

(a) The department will attend forums sponsored by the Texas Comptroller of Public Accounts relating to HUBs to improve its efforts in soliciting these businesses for bidding on department contracts. (b) The department will actively pursue opportunities to distribute brochures, p…