Texas Administrative Code

(a) Purpose. This rule establishes a Release Review Panel to determine whether a youth who has completed the minimum length of stay should be discharged from the custody of the Texas Juvenile Justice Department (TJJD), released under supervision, or given an extended length of st…

(a) Purpose. This rule establishes criteria and an approval process for: (1) requesting court approval to transfer sentenced offenders to adult prison; and (2) discharging sentenced offenders: (A) whose sentences have expired; or (B) who did not previously qualify for release or …

(a) Purpose. This rule establishes criteria and the approval process for transferring sentenced offenders adjudicated for capital murder to the Texas Department of Criminal Justice-Parole Division (TDCJ-PD) or the Texas Department of Criminal Justice-Correctional Institutions Div…

(a) Purpose. The purpose of this rule is to identify the philosophy and approach of the Texas Juvenile Justice Department (TJJD) to the rehabilitation of youth in TJJD's care in order to reduce future delinquent behavior and increase public safety. (b) Applicability. This rule ap…

(a) Purpose. This rule establishes the actions that constitute violations of the rules of conduct for residential facilities. Violations of the rules may result in disciplinary consequences that are proportional to the severity and extent of the violation. Appropriate due process…

(a) Purpose. This rule establishes the actions that constitute violations of the rules of conduct youth are expected to follow while under parole supervision. Violations of the rules may result in disciplinary consequences, including revocation of parole, that are proportional to…

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) Purpose. This rule provides for the temporary segregation of a youth as a cooling-off time when he or she appears to have temporarily lost control of behavior. The segregation is intended to allow the youth time to regain self-control. Segregation addressed in this rule is no…

(a) Purpose. This rule allows for short-term confinement in a locked room of a youth who meets criteria. Confinement addressed in this rule is not a disciplinary consequence. (b) Applicability. (1) This rule applies to residential facilities operated by the Texas Juvenile Justice…

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) Purpose. This rule establishes the responsibilities for approving and executing contracts required by the Texas Juvenile Justice Department (TJJD). (b) Applicability. This rule applies to all contracts entered into by TJJD. (c) Definitions. As used in this chapter, the follow…

The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise. (1) Adjusted gross income--The gross income of the family, as defined in this section, minus allowable deductions. Adjusted income is used to …

(a) The contractor must have a program manager who provides the supervision of the staff and oversight of the assessment and treatment of children. The program manager must have: (1) a master's or doctoral degree from an accredited institution of higher education in psychology, b…

(a) The contractor must complete a fingerprint-based review of national criminal history records on any employee, volunteer, or other person who will have direct contact with children and families served by the DARS Autism Program. (b) Offenses that disqualify an employee, volunt…

The contractor must maintain an emergency evacuation plan at the contractor's service site that complies with all applicable local, state, and federal laws, rules, and regulations governing provision of services under this chapter. The contractor will inform the family when any e…

For purposes of this chapter, terms used herein have the following meaning: (1) Mediation--is a method by which an impartial third party facilitates communication between the parties to promote reconciliation and settlement. It may include the use of early neutral evaluation in w…

(a) Mediation. It is the Commission's policy to encourage the voluntary use of appropriate alternative dispute resolution procedures at the earliest stage possible to assist in resolving internal and external disputes within the jurisdiction of the HHS agencies. Use of these proc…

(a) An individual may request mediation through the Office of the Ombudsman in order to resolve issues related to HHS agency programs, processes, staff or facilities. Mediation should be requested through the Office of the Ombudsman when circumstances require assistance beyond th…

(a) The Commission will designate a Dispute Resolution Administrator to perform the following functions: (1) coordinate the implementation of the above policy; (2) serve as a resource for any training needed to implement mediation or negotiated rulemaking; (3) collect data concer…

Those programs and areas of the Commission that may be involved in mediation will designate a Dispute Resolution Coordinator to perform the following, part-time functions: (1) receive requests for mediation; (2) identify impartial third parties; and (3) coordinate with and assist…

(a) Request for Mediation. Any request for the use of mediation to resolve a dispute must be made in writing and submitted to the appropriate DR Coordinator or Administrator except in contested cases, where the request must be made to the administrative law judge. The request mus…

(a) Use of Negotiated Rulemaking. Before considering whether to propose the use of negotiated rulemaking, HHS agencies will consider whether, to a significant degree, its use would: (1) be more likely to result in workable or reasonable regulations; (2) offer opportunity for a cr…

(a) "Program Advisory Board" means the Program Advisory Board established by the Grant Administrator to provide input and recommendations for the awarding of grants under the Program. (b) "Grant Administrator" means the governing board of the junior college district designated by…

(a) The Program Advisory Board shall provide oversight to ensure that the Grant Administrator: (1) establishes and adheres to an appropriate system that provides acceptable standards for ensuring accountability in the awarding and monitoring of grants; (2) enters into a written g…

The Grant Administrator may award grants to eligible Nonprofit Workforce Intermediary and Job Training Organizations to prepare low-income students to enter careers in high-demand, high-wage occupations. Grant funds may be used to develop, support, or expand such programs. Notes …

To be eligible to receive funding under the Adult Career Education (ACE) Grant Program an organization must: (1) be a Nonprofit Organization; (2) be a Nonprofit Workforce Intermediary and Job Training Organization; (3) provide eligible low-income students, in partnership with Pub…

(a) Funds awarded through the Adult Career Education (ACE) Grant Program are to be used as necessary to develop, support, or expand the workforce intermediary's normal programmatic operations, and at the same expense rates or charges allocated to other participants in the interme…

(a) Applications for grant funding through the Adult Career Education (ACE) Grant Program will be evaluated based on the criteria established by the Grant Administrator. This includes demonstrating to the satisfaction of the Program Advisory Board that the organization's program …

(a) Reporting for the Adult Career Education (ACE) Grant Program is intended to demonstrate to the Texas Legislature and others how the funds were used, resulting in success rates achieved by Nonprofit Workforce Intermediary and Job Training organizations as compared to the most …

(a) Purpose. The purpose of this chapter is to provide a system of procedures for practice before the commission that will promote the just and efficient disposition of proceedings and public participation in the decision-making process. The provisions of this chapter shall be gi…

(a) Following the hearing the administrative law judge shall issue a proposal for decision containing findings of facts and conclusions of law. While the administrative law judge may recommend a sanction, findings of fact and conclusions of law are inappropriate for sanction reco…

(a) Statements concerning items which are part of the commission's posted agenda. Persons who desire to make presentations to the commission concerning matters on the agenda for a scheduled commission or fire fighter advisory committee meeting shall complete registration cards wh…

(a) At the expiration of one year from the date of revocation or suspension, or upon the conclusion of any specified period of suspension, the commission may consider a request for reinstatement by the former licensee or certificate holder (applicant). (b) The request for reinsta…

In considering reinstatement of a suspended or revoked license or certificate, the commission will evaluate: (1) the severity of the act which resulted in revocation or suspension of the license or certificate; (2) the conduct of the applicant subsequent to the revocation or susp…

(a) An applicant for reinstatement of a revoked or suspended license or certificate must personally appear before an administrative law judge designated by the commission at a scheduled date and time to show why the license or certificate should be reinstated. (b) Upon submission…

After evaluation, the commission may: (1) deny reinstatement of a suspended or revoked license or certificate; (2) reinstate a suspended or revoked license or certificate and probate the practitioner for a specified period of time under specific conditions; (3) authorize reinstat…

An applicant for reinstatement of a revoked or suspended license or certificate who makes a commitment to appear before the administrative law judge, and fails to appear at a hearing set with notice by the agency, shall not be authorized to appear before the administrative law ju…

In order to minimize delays, this subchapter establishes time periods within which the commission shall review and process certificate applications efficiently and provides for an appeal process should the agency violate these periods in accordance with the Government Code, Chapt…

(a) The commission is subject to Texas Government Code, Chapter 552, Texas Public Information Act. The Act gives the public the right to request access to government information. (b) The commission adopts by reference Title 1, Part 13, Chapter 70, Cost of Copies of Public Informa…

(a) Computing Time. In computing any period of time prescribed or allowed by these rules, by order of the Agency, or by any applicable statute, the period shall begin on the day after the act, event, or default in controversy and conclude on the last day of such computed period, …

The commission adopts by reference Title 34, Part 1, Chapter 20, Texas Procurement and Support Services, Subchapter B, Historically Underutilized Business Program, as promulgated by the Comptroller of Public Accounts. Notes 37 Tex. Admin. Code § 401.131 The provisions of this §40…

Except for the requirements of mandatory rule development by the fire fighter advisory committee provided for by law, the procedure for rulemaking is governed by Subchapter B of the Administrative Procedure Act (APA). Notes 37 Tex. Admin. Code § 401.17 The provisions of this §401…

(a) Any person may petition the commission requesting the adoption of a new rule or an amendment to an existing rule as authorized by the APA, §2001.021. (b) Petitions shall be sent to the Agency Chief. Petitions shall be deemed sufficient if they contain: (1) the name and addres…

(a) An examinee who seeks to challenge the failure of an examination must submit a written request to the Agency Chief or his designee to discuss informal disposition of the complaint(s). (b) An examination may be challenged only on the basis of examination content, failure to co…

The following terms, when used in this chapter, shall have the following meanings, unless the context or specific language of a section clearly indicates otherwise: (1) Advisory Committee--An advisory committee that is required to assist the commission in its rule-making function…

(a) If the commission staff recommends administrative penalties or any other sanction for alleged violations of laws or rules, the respondent may request a preliminary staff conference. (b) Commission staff shall schedule a preliminary staff conference with the applicant to discu…

(a) General. After receipt of notice of alleged violations of laws or rules administered or enforced by the commission and its staff, the holder of the certificate, applicant or regulated entity may request a conference with the commission's staff for the purpose of showing compl…

(a) The TXMHMR service system is dedicated to providing mental health and mental retardation services/supports which are viewed as satisfactory by persons receiving those services/supports and their legally authorized representatives. Therefore, local authorities and their contra…

(a) The commission appoints SOAH to be its finder of fact in contested cases. The commission does not delegate to the hearings officer and retains for itself the right to determine the sanctions and make the final decision in a contested case. (b) SOAH hearings of contested cases…

(a) A copy of the proposal for decision in a contested case shall be simultaneously delivered or mailed by certified mail, return receipt requested, to each party representative of record. (b) Exceptions to the proposal for decision shall be filed within 20 days of the date of th…