Texas Administrative Code

(a) An Architect may voluntarily surrender his/her registration by submitting to the Board a written notice of the voluntary surrender that has been signed by the Architect. The voluntary surrender of a registration shall invalidate the registration. A registration that has been …

(a) Every Applicant for architectural registration by examination in Texas must successfully complete all sections of the Architect Registration Examination (ARE). (b) The Board may approve an Applicant to take the ARE only after the Applicant has completed the educational requir…

Pursuant to Texas Family Code § 232.0135 , the Board shall not approve an application for registration from an Applicant who has failed to pay court ordered child support. The Board shall refuse to approve such an application upon receipt of notice of the child support arrearage …

(a) An explanation of the scoring procedures for the ARE shall be provided to each Candidate prior to examination. (b) A Candidate's ARE scores shall be determined by the entity that administers the examination. The Board shall not review any ARE score to determine its validity. …

(a) In order to qualify for registration by examination, a Candidate must schedule and pass all sections of the Architect Registration Examination (ARE) within the time period required by NCARB. (b) If a Candidate has successfully passed a section of the examination that has expi…

(a) In accordance with the Americans with Disabilities Act (ADA), every registration examination must be conducted in an accessible place and manner, or alternative accessible arrangements must be afforded so that no qualified individual with a disability is unreasonably denied t…

The following words, terms, and acronyms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise. (1) The Act--The Architects' Registration Law. (2) Administrative Procedure Act (APA)--Texas Government Code §§ 2001.001 et seq.…

The committee shall meet at least twice a year. Additional meetings, if necessary, may be scheduled as determined by the co-chairs. Meetings shall be open to the public and broadcast via the web, unless prevented by technical difficulties. Minutes shall be available to the public…

(a) Statement of Purpose. Senate Bill 372, Article 7, §7.03, 74th Legislative Session (1995) now codified at Texas Agriculture Code, Chapter 132, Subchapter A, requires the Texas Department of Agriculture (TDA) to enter into a memorandum of understanding (MOU) with the Texas Depa…

(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…

The following words and terms, when used in this subchapter, shall have the following meanings: (1) Apply Texas System--The state's primary method for applying for admission to Texas public institutions of higher education. The Apply Texas System includes, but is not limited to, …

Tasks assigned the committee may include: (1) technical and functional revisions to the common admission applications and the Apply Texas System; (2) development of training materials for the users of the various components of the Apply Texas System; (3) recommendations on admiss…

(a) Every party, witness, attorney, or other representative shall comport himself in all department proceedings with dignity, courtesy, and respect for the department, the administrative law judge, and all other parties and participants. Attorneys shall observe and practice the s…

With regard to student complaints to the Board about a public or private (non-profit, not-for-profit, or for-profit) institution of higher education that the legislature or the Agency has authorized to operate in Texas, the Board authorizes the Commissioner to issue written deter…

(a) Authority. Statutory authority for this subchapter is provided in the Texas Education Code, § 51.762 , and in accordance with the Texas Education Code, § 61.0331 , regarding requirements for Negotiated Rulemaking. Moreover, the committee is governed in accordance with the Tex…

(a) Statutory authority. Texas Food System Security and Resiliency Planning Council (Council) is established pursuant to Texas Agriculture Code, § 23.002 . (b) Definitions. In additional to the general definitions contained within Title 4, Part 1, Chapter 1, §1.1, the following w…

In addition to any other rules of evidence provided for in the APA, Subchapter D, the following rules will apply to proceedings before the department. (1) General rules. The rules of evidence as applied in nonjury civil cases in the district courts of this state shall be followed…

(a) Any interested person may petition the department for the adoption of a proposed rule pursuant to the APA, §2001.021. A petition must: (1) be in writing and request that a rule be adopted; (2) give a brief explanation of the proposed rule; (3) set out the precise text of the …

Appropriated funds may not be used to pay expenses for a trip to foreign countries, except for Canada and Mexico, unless the Board has approved the travel before departure. The Board delegates the authority to approve foreign travel to the Commissioner of Higher Education. The Co…

The co-chairs shall annually report any recommendations to the Board at a Board meeting determined in consultation with Board staff. They shall also provide an annual report to the Board to allow it to properly evaluate the committee's work, usefulness, and the costs related to t…

The committee may meet four to six times per year, including via teleconference. Special meetings may be called as deemed appropriate by the presiding officer. Meetings shall be open to the public and broadcast via the web, unless prevented by technical difficulties. Minutes shal…

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…

(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 …

After receiving the Agency staff's recommendation, the Commissioner shall consider the recommendation regarding the complaint and render a written determination thereon. If the Commissioner finds the complaint is without merit, the Commissioner shall dismiss the complaint. If the…

(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 …

The purpose of these rules is to provide for standards of practice and procedure for actions by and before the department, thereby encouraging public participation and notice of department actions. Department proceedings shall be conducted in accordance with the APA and this subc…

(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) Purpose. The Texas Organic Agriculture Industry Advisory Board (Board) is appointed by the Commissioner of Agriculture (Commissioner) pursuant to the Texas Agriculture Code, § 50C.002 and is established within the Texas Department of Agriculture (the department) to assist the…

This subchapter identifies advisory committees created by or under statute to advise the Texas Department of Agriculture and, in accordance with the provisions of the Texas Government Code, Chapter 2110 (Vernon Supp.2000), prescribes the purposes and duties of such committees, an…

(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…

(a) The Committee. The Wine Advisory Committee (Committee) is established pursuant to Texas Agriculture Code § 12.0204 . The Committee serves in an advisory capacity and is subject to Texas Government Code, Chapter 2110. (b) Purpose. (1) The Committee shall assist the Commissione…

(a) In an appropriate proceeding, to assist in the disposition of the proceeding without expense or burden to the parties or the department, the administrative law judge may direct the parties, their attorneys, or representatives to appear before the administrative law judge for …

(a) Subpoenas. Upon the request of a party to a contested case and upon the showing of good cause, a subpoena may be issued by the commissioner or an administrative law judge employed by the department as provided by the APA, §2001.089. (b) Depositions. (1) Issuance of commission…

(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 witness or deponent who is not a party and who is subpoenaed or otherwise compelled to attend any hearing or proceeding conducted under the authority of the Administrative Procedure Act is entitled to the following compensation: (1) mileage in the same amount per mile as th…

(a) Statement of purpose. Texas Agriculture Code (the Code), § 12.032 , added by the 74th Legislature, provides that the Commissioner of Agriculture and the Chief Administrative Law Judge of SOAH by rule shall adopt a memorandum of understanding (MOU) under which SOAH conducts he…

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…

During the investigation of a student complaint, Agency staff shall, in appropriate cases, attempt to facilitate an informal resolution to the complaint that is mutually satisfactory to the complainant and institution. Notes 19 Tex. Admin. Code § 1.117 The provisions of this §1.1…

(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…

(a) All pleadings filed by any party relating to any contested proceeding pending or to be instituted before the department shall be filed with the hearings clerk or other staff member primarily responsible for legal support to the administrative law judge for the department, and…

(a) The department requires prepayment of all charges prior to release of public information, unless the charges total $100 or less. The requestor will be contacted by a department representative once the cost of filling the request is determined. Each component of the total char…

In any case in which a public emergency or imperative public necessity so requires, the department may suspend the operation of these rules. Notes 4 Tex. Admin. Code § 1.49 The provisions of this §1.49 adopted to be effective December 30, 1994, 19 TexReg 9993.

(a) Purpose. The purpose of this section is to establish procedures whereby the department determines if private real property rights are affected by governmental action taken by the department or the commissioner of agriculture. (b) Categorical Determination. Categorical determi…

(a) The division responsible for determining an obligation is owed the department shall cause a demand letter to be sent no later than 30 days after the obligation becomes delinquent. A notation shall be made that a copy is being sent to the attorney general who may file a lawsui…

If any provision of any rule contained in this chapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the rule which can be given effect without the invalid provision or application, and to this…

The commissioner of agriculture (the commissioner) or any person designated by the commissioner shall develop procedures and guidelines for determining obligations owed to the department and the appropriate means of collecting such debts. Notes 4 Tex. Admin. Code § 1.51 The provi…

(a) Authority. Statutory authority for this subchapter is provided in the Texas Education Code, § 61.314 . (b) Purposes. The Certification Advisory Council (council) is created to provide the Board with advice and recommendation(s) regarding standards and procedures to be used in…