Texas Administrative Code

Except as otherwise provided in § 1.53 of this title (relating to Deadlines for Responses to Discovery Requests), requests for admission shall be governed by the applicable provisions of the Texas Rules of Civil Procedure. Each matter for which an admission is requested shall be …

Coverage of a hearing through broadcasting, televising, recording, live-streaming, or photographing is permitted upon prior approval of the Hearings Director. The request for approval shall specify the type of coverage to be conducted at the hearing. Requests may be denied or app…

(a) This section applies to proceedings brought pursuant to Texas Utilities Code, § 103.055 and § 104.102 . (b) Upon request by a party, the presiding officer may limit discovery, by order, in the interest of efficiency and justice. (c) For purposes of calculating the number of r…

The Texas rules of evidence and Texas law with regard to evidence in nonjury civil cases shall apply in contested cases unless Commission rules specify otherwise. Irrelevant, immaterial, or unduly repetitious evidence may be excluded. When necessary to ascertain facts not reasona…

(a) Upon receipt of a pleading which is intended to institute a proceeding before the department and complies with this chapter as to form and content, the hearings clerk shall docket the same as a pending proceeding, number it in accordance with any established docket numbering …

(a) Definitions. The following words and terms, when used in this undesignated head, shall have the following meanings, unless the context clearly indicates otherwise. (1) Administrative staff--Library staff whose responsibilities include management or supervision. (2) Bandwidth-…

The representatives in an annual meeting shall elect members of their group to fill council vacancies. The term of office for representatives and alternates shall be the state fiscal year. Notes 13 Tex. Admin. Code § 1.113 The provisions of this §1.113 adopted to be effective Apr…

Written objections to rulings made by the examiner during a hearing are not required. It shall be sufficient that the party make a timely objection and state the grounds for the objection on the record. Notes 16 Tex. Admin. Code § 1.66 Adopted by Texas Register, Volume 42, Number…

(a) When the examiner excludes evidence, the party offering the evidence shall be permitted to make an offer of proof prior to the close of the hearing. (1) The party may make the offer in question and answer form, or by dictating or submitting in writing the substance of the pro…

Library directors of accredited libraries shall designate a member library representative and one alternate. Representatives may include board members, others qualified by knowledge and/or experience to represent a library, the library director, and library staff. The representat…

Testimony in all contested cases shall be presented under oath or affirmation administered by an examiner, Commissioner, or court reporter. Notes 16 Tex. Admin. Code § 1.8 The provisions of this §1.8 adopted to be effective June 1, 1991, 16 TexReg 2289; Adopted by Texas Register,…

For good cause, the commissioner may make exceptions to the procedures in §§ 1.51 - 1.54 of this title (relating to Collection of Debts). Notes 4 Tex. Admin. Code § 1.55 The provisions of this §1.55 adopted to be effective August 3, 1993, 18 TexReg 4747.

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 § 1.1206 Adopted by Texas Register, Volume 48, Number 37, September 15…

Representatives are elected to council each fiscal year. Thereafter, the representative shall complete his or her council term of three years unless the representative is replaced as the official representative of the member library. If the council member is replaced as the offic…

The representative of each member library of a major resource system shall have one vote as a representative of a member library. Notes 13 Tex. Admin. Code § 1.123 The provisions of this §1.123 adopted to be effective April 8, 2010, 35 TexReg 2741

(a) Any actual or prospective bidder, offeror, or contractor who is aggrieved in connection with the solicitation, evaluation, or award of a contract may formally protest to the Deputy Commissioner for Agency Operations and Communications (Deputy Commissioner). Such protests must…

The following words and terms, when used in this subchapter, shall have the following meaning, unless the context clearly indicates otherwise: (1) Agency--Texas Higher Education Coordinating Board. (2) Commissioner--The Commissioner of Higher Education. (3) Complainant or student…

Broad geographical representation and representation by size and type of member library is encouraged on the system advisory council. Notes 13 Tex. Admin. Code § 1.116 The provisions of this §1.116 adopted to be effective April 8, 2010, 35 TexReg 2741

(a) This subchapter shall govern all instances in which complainants file written complaints with the Agency regarding institutions. (b) This subchapter implements Texas Education Code, § 61.031 , concerning Public Interest Information and Complaints, and 34 C.F.R. § 600.9(a)(1) …

The council shall annually elect a chair, vice-chair, and secretary. Notes 13 Tex. Admin. Code § 1.115 The provisions of this §1.115 adopted to be effective April 8, 2010, 35 TexReg 2741

(a) The department shall not consider applications submitted after the published due date unless the deadline has been revised for all applicants. (b) The department will perform an administrative review to determine applicant eligibility and responsiveness to the request for gra…

Vacancies on the system advisory council arising for reasons other than the regular expiration of terms of office may be filled by election or appointment from among the representatives for the unexpired term. If the unexpired term was held by an officer of the council, the repre…

Grantee shall permit the Department and any other authorized governmental entity, through any authorized representatives, the access to and right to examine all records, books, papers, contracts, or other documents, including permits, related to grant funds received pursuant to t…

(a) Grantees shall maintain documentation as required by the Department to verify that individuals who receive meals paid for or delivered in part with grant funds received under this subchapter each qualify as a Homebound Elderly person or Homebound person with a Disability. Suc…

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…

(a) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise. (1) Business day--Any day during which the United States Post Office or during which the department is open for business f…

The department will maintain records identifying all persons or entities liable for delinquent obligations and the correct physical address of the debtor's place of business and/or residence, if available. Such records should also contain collection histories on each debtor showi…

(a) The chief legal officer shall decide whether to refer a matter to the attorney general for collection. This decision and any referral generally should be made no later than 60 days after the second demand letter is sent. The 60-day guideline in this subsection shall not apply…

Except as otherwise provided, no provisions of Board rules shall be deemed exhaustive of the jurisdiction of the Commissioner of Higher Education, hereinafter referred to as the Commissioner. The Commissioner shall have the responsibility to interpret Board rules whenever interpr…

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 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…

The following words and terms, when used in this subchapter, shall have the following meanings: (1) Board--The Texas Higher Education Coordinating Board. (2) Commissioner--The Commissioner of Higher Education, the Chief Executive Officer of the Board. (3) Interested persons--Pers…

This subchapter establishes the requirements for eligible organizations to apply for and obtain grant funds to supplement and extend existing services related directly to delivery of meals to Homebound Elderly persons and Homebound persons with a Disability, through the Home-Deli…

Pursuant to Texas Government Code, § 2171.1045 , and consistent with the management plan developed by the office of vehicle fleet management, the department requires that: (1) Each state-owned vehicle under the department's control shall be assigned to the department's motor vehi…

An institution of higher education, as defined in Texas Education Code, Section 61.003 , that agrees to conduct plant pest and disease detection and surveillance, is eligible to apply for a grant under this subchapter if the department determines that: (1) the institution of high…

(a) Authority. Statutory authority for this subchapter is provided in the Texas Government Code, Chapter 2110, §2110.0012. (b) Purposes. The Learning Technology Advisory Committee is created to provide the Board with advice and recommendation(s) regarding the role that learning t…

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 following words and terms, when used in this subchapter, shall have the following meanings, unless the text clearly indicates otherwise. (1) Nonprofit Organization. An organization with an IRS designation as a 501 (c) (3) organization which has been established and is operati…

The Grant program for the distribution of surplus agricultural products is designed to provide funding to eligible nonprofit organizations for collecting and distributing surplus agricultural products to food banks and other charitable organizations that serve needy or low-income…

(a) Membership shall consist of administrators, faculty, and other persons closely involved in the oversight of distance education and computer assisted instruction at Texas institutions of higher education. (b) Membership on the committee should include: (1) ten representatives …

No agreement between the parties, their attorneys, or representatives, with regard to any matter involved in any proceedings before the department shall be enforced unless it be in writing, signed and filed with the hearings clerk as part of the record of the case, or it be read …

The expenditure of grant funds by a grant recipient shall be documented and the funds used only for activities directly related to the purpose of the ZAPD Grant Program. Notes 4 Tex. Admin. Code § 1.1203 The provisions of this §1.1203 adopted to be effective August 4, 2013, 38 Te…

The Zero Agricultural Pest and Disease (ZAPD) Grant Program is designed to provide grants to eligible institutions of higher education to conduct plant pest and disease detection and surveillance to detect plant pests and diseases newly introduced to this state or to a certain ar…

(a) If a respondent fails to appear in person or by legal representative on the day and at the time set for hearing, the administrative law judge must, upon motion by the department's representative supported by proof the requirements of subsection (b) of this section have been m…

The committee shall be abolished no later than April 27, 2028, in accordance with Texas Government Code, Chapter 2110. It may be reestablished by the Board. Notes 19 Tex. Admin. Code § 1.188 The provisions of this §1.188 adopted to be effective December 2, 2013, 38 TexReg 8664; A…