Texas Administrative Code

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. (1) Administrative law judge--The attorney designated or appointed by the commissioner to conduct and preside over the administrative he…

(a) The commissioner or designee is authorized to make decisions concerning adverse action. (b) The commissioner or designee must send a provider a notice advising the provider of any adverse action. The notice is sent by certified mail, return receipt requested, unless the depar…

(a) A provider must send to the department a written request for an administrative hearing within 15 days after receiving the department's official notice of adverse action. The request for an administrative hearing: (1) may be in the form of a petition or a letter; (2) must stat…

If the department proposes to terminate a provider agreement and the provider requests an administrative hearing in accordance with § 409.34 of this title (relating to Request for an Administrative Hearing), then the department may not terminate the provider agreement before the …

The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise: (1) Abuse-- (A) physical abuse; (B) sexual abuse; or (C) verbal or emotional abuse. (2) Actual harm--A negative outcome that compromises an in…

(a) Community support provides services and supports in an individual's home and at other community locations that are necessary to achieve outcomes identified in an individual's PDP. (1) Community support provides: (A) habilitative or support activities that: (i) provide or fost…

(a) This subchapter prescribes the policies and procedures governing bidder qualification, bidding, award, and execution of a contract entered under Transportation Code, Chapter 223, Subchapters A-C. (b) As an alternative to using Transportation Code, Chapter 223, Subchapters A-C…

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. (1) Advertisement--The public announcement required by law inviting bids for work to be performed or materials to be furnished. (2) Alte…

The department is required by law to monitor grantee compliance with federal and state laws. The department may impose remedies on a grantee if the department determines that the grantee has failed to comply with federal or state law, standard or special grant conditions, or cont…

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. (1) Executive director--The executive director of the Texas Department of Transportation. (2) Grant --An award of funds or property in l…

(a) In addition to the standard conditions for a grant, the department may require one or more additional conditions under this section if the department determines that additional conditions are needed to ensure compliance with applicable laws and standard grant conditions and r…

(a) If after the award of a grant the department determines that the grantee has failed to comply with federal or state law, a grant condition, or the grant agreement, the department may: (1) temporarily withhold cash payments pending correction of the deficiency by the grantee; …

If the department decides to take an action under § 9.133 of this subchapter (relating to Remedies for Noncompliance), the department will notify the grantee in writing within five working days after the date of the decision. The notice must: (1) state the action being taken and …

(a) A grantee may appeal a determination under § 9.133 of this subchapter (relating to Remedies for Noncompliance), by delivering to the executive director a written notice of appeal and accompanying written documentation supporting the appeal within 10 working days after the dat…

Transportation Code, Chapter 223, Subchapter F, authorizes the department to enter into design-build contracts for highway projects and prescribes the requirements for entering into such a contract. This subchapter prescribes the procurement process to be followed by the departme…

The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise. (1) Affiliate--An entity that directly or indirectly controls, is controlled by, or is under common control with a private entity. (2) Commiss…

(a) The department will, to the extent feasible, use services offered by financial institutions that are owned and controlled by socially and economically disadvantaged individuals. (b) The department encourages contractors to use services offered by financial institutions that a…

(a) For the purposes of this section: (1) "subcontractor" includes a supplier; (2) "work" includes materials that are provided by a supplier at a location approved by the department; (3) "satisfactory completion" occurs when: (A) the subcontractor has fulfilled the contract requi…

(a) The department will maintain and make available to interested persons a directory identifying all firms eligible to participate as DBEs on department contracts. (b) The DBE directory lists, at a minimum for each firm: (1) the firm's address; (2) the firm's phone number; and (…

The department may award a maintenance contract under this section as a purchase of service under the State Purchasing and General Services Act, Government Code, Title 10, Subtitle D, if the department: (1) estimates the contract will involve an amount for which formal bids for t…

(a) The department from time to time may evaluate whether there is an overconcentration of DBE firms in a certain type of work. (b) If the department determines that there is an overconcentration of DBE firms that unduly burdens the opportunity of non-DBE firms to participate in …

The department has implemented a DBE technical assistance and supportive services program to assist firms with the ability to compete successfully in the highway construction industry. Notes 43 Tex. Admin. Code § 9.211 The provisions of this §9.211 adopted to be effective Septemb…

(a) If the department determines that the overall goal will be exceeded, the department will reduce or eliminate the use of contract goals for the remainder of the fiscal year to the extent necessary to ensure that the use of contract goals does not result in exceeding the overal…

The department will not set contract goals in a year: (1) in which the department projects that it will meet its overall goal using race-neutral means; or (2) if for the two years preceding that year the department has met or exceeded its overall goal using only race-neutral mean…

If the department obtains, through the use of contract goals, DBE participation that exceeds the overall goal in two consecutive years, the department in the following year will reduce the use of contract goals by the percentage that the overall goals were exceeded during that tw…

In a year in which the department projects the use of contract goals, the department will maintain data separately on DBE achievements in the contracts with contract goals and contracts without contract goals. The data will be reported to the appropriate OA under § 9.236 of this …

If a DBE contract goal has been established, the department will award the contract only to a bidder that makes good faith efforts to meet the goal as described in 49 C.F.R. Part 26 , Appendix A. Notes 43 Tex. Admin. Code § 9.226 The provisions of this §9.226 adopted to be effect…

(a) Each bidder must submit to the department within the period provided by § 9.17 (i) of this chapter (relating to Award of Contract): (1) the names and addresses of each subcontractor, identifying DBEs that will participate in the contract; (2) a description of the work that ea…

(a) An applicant may send to the department a written response to an application denial within 15 working days after the date that the department sends notice of denial under § 9.308 of this subchapter (relating to Certification Decision). (b) If the applicant does not send a wri…

(a) A person may challenge the eligibility of a firm certified or seeking to be certified as an SBE. (b) A challenge must be in writing, signed and dated by the challenger, and set forth the factual basis for the challenge. (c) After receiving a challenge, the department will det…

(a) If the department receives information that provides reasonable cause to believe that the firm has become ineligible to be certified as an SBE, other than information provided by a challenger under § 9.311 of this subchapter (relating to Certification Challenges), the departm…

(a) The department will maintain and make available to interested persons a directory identifying all firms eligible to participate as SBEs on department contracts. (b) The SBE directory lists, at a minimum for each firm: (1) the firm's address; (2) the firm's e-mail address, if …

(a) The executive director will establish an overall annual SBE contracting goal for the department based on the availability of certified SBEs and an estimation of SBE opportunities in the contracts that will be entered into in the year. (b) The department will make a good faith…

(a) The department may determine that the contractor or respondent failed to satisfy the requirements of this subchapter or comply with the contract's SBE special provision requirements. (b) If a responder does not furnish the required SBE information within the period specified …

(a) A contractor or respondent may request an administrative reconsideration of the determination made under § 9.332 of this subchapter (relating to Determination of Noncompliance; Sanctions), including any sanctions imposed, within 10 days after the date that notice of the deter…

(a) Applicability. The non-federal process, also referred to as the state process, described under this section may be used for contracts that are not subject to § 9.35 of this subchapter (relating to Federal Process). (b) Administrative qualification. (1) Administrative qualific…

(a) Applicability. This section applies to engineering or design related service contract directly related to a highway construction project and reimbursed with federal-aid highway program (FAHP) funding. (b) Administrative qualification. A firm providing engineering and design r…

It is the policy of the department to: (1) ensure that Historically Underutilized Businesses have an equal opportunity to participate in the performance of contracts; (2) create a level playing field on which Historically Underutilized Businesses can compete fairly for contracts …

(a) This subchapter applies only to a contract that is funded entirely with state and local funds and is for: (1) a building; (2) professional, aviation, public transportation, or private consultant services; or (3) a purchase of goods or services that is made under Government Co…

The department will monitor contractor compliance by: (1) reviewing periodic HUB Subcontracting Plan Prime Contractor Progress Assessment Reports; and (2) making on-site visits to the project as applicable and the offices of a contractor or subcontractor as needed to verify compl…

(a) This section does not apply to: (1) a claim for purchase contracts under § 9.1 of this chapter (relating to Claims for Purchase Contracts); or (2) a discrimination complaint made against a department employee, which is handled in accordance with the department's Human Resourc…

(a) The department will review each complaint filed under § 9.364 of this subchapter (relating to Complaints) and will notify the complainant that the department has determined that: (1) an investigation is warranted; or (2) an investigation is not necessary and the reasons for t…

(a) The department may determine that the contractor or respondent failed to satisfy the requirements of this subchapter. (b) If a noncompliance determination is made under this section, the department may impose a sanction. The available sanctions are: (1) letter of reprimand; (…

(a) The contractor or respondent may request an administrative reconsideration of the determination made under § 9.366 of this subchapter (relating to Determination of Noncompliance), including the sanctions imposed, within 10 days after the date that notice is sent to the respon…

(a) This section provides an exception to the selection requirements provided by other provisions of this subchapter for the procurement of architectural, engineering, or surveying services under a pilot project approved by the commission for the purposes of improving the efficie…

(a) Purpose. Government Code, Chapter 2258, requires payment of the general prevailing rate of per diem wages, including legal holidays and overtime work, in the locality in which work is to be performed for each craft or type of worker needed to execute a public works contract o…

(a) Application of section. This section provides a general protest process for the award of a contract for which the rules of the commission do not provide a protest process. For the purpose of the application of this section, a rule that merely provides that a protest, appeal, …