Texas Administrative Code

(a) After receiving an allegation which the Texas Department of Health (department) determines is appropriate for investigation, the department's investigator shall finish an investigation within: (1) 14 days if the child or elderly or disabled person is in the facility at the ti…

(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…

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.

(a) A private donor may make donations to the department to be spent for specified or unspecified public health purposes, including the enforcement of public health laws. If the donor specifies the public health purpose, the department must expend the donation only for that purpo…

(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…

(a) The department may provide to a private organization covered by these sections: (1) fundraising and solicitation assistance; (2) staff services to coordinate activities; (3) administrative and clerical services; (4) office and meeting space; (5) training; and (6) other miscel…

(a) A department officer or employee shall not accept or solicit any gift, favor, or service from a private donor that might reasonably tend to influence his/her official conduct. (b) An officer or employee shall not accept employment or engage in any business or professional act…

(a) On the written motion of any party or the Administrative Law Judge (ALJ), the department shall issue a subpoena to the appropriate process server to require the attendance of witnesses or the production of documents or other tangible evidence at the hearing. (b) There must be…

(a) For purposes of this section, default means the failure of the respondent to appear in person or by legal representative on the day and at the time set for hearing in a contested case or the failure to appear by telephone in accordance with the notice of hearing. (b) Remedies…

This chapter shall provide a system of procedures for the initiation, investigation, prosecution, hearing and resolution of disciplinary matters and allegations involving persons who are subject to the jurisdiction of the Texas Board of Architectural Examiners. Notes 22 Tex. Admi…

(a) Authority. The Texas Department of Health (department) adopts by reference rules regarding Medicaid fair hearings adopted by the Texas Health and Human Services Commission under 1 Texas Administrative Code (TAC), Chapter 357, §§357.1, 357.3, 357.5, 357.7, 357.9, 357.11, 357.1…

(a) This section implements the provisions of the Family Code, Chapter 232, Suspension of License for Failure to Pay Child Support, as added by Acts 1995, 74th Legislature, Chapter 751, §85 (House Bill 433). The term "order" refers only to an order issued by a court or Title IV-D…

(a) Pursuant to Texas Health and Safety Code § 490.052(b) , the department adopts a written informed consent form for use by physicians and patients receiving an investigational drug, biological product, or device. A physician may use a different informed consent form if it conta…

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, …

(a) This section implements Title 12, Health and Safety Code, Chapter 1003. (b) Autologous Adult Stem Cells are cells taken from a person to be transplanted into that same person. (c) Autologous Adult Stem Cell Bank is any facility that stores autologous adult stem cells for use …

(a) Medical conditions that may be eligible for investigational stem cell treatments pursuant to the Health and Safety Code, Chapter 1003 must affect one or more body system. (b) The medical condition identified by the patient's treating physician documented in the patient's medi…

(a) Pursuant to Texas Health and Safety Code, § 1003.054(c) , the Department of State Health Services adopts a written informed consent form for use by physicians administering and patients receiving investigational stem cell treatment under Texas Health and Safety Code, Chapter …

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) Purpose. The purpose of this section is to establish standards of conduct to govern the relationships between the department, its officers and employees, and private organizations or donors in accordance with Texas Government Code, § 2255.001 . (b) Definitions. The following …

(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…

(a) Within seven days of receipt of a request for setting in accordance with § 1.602 of this chapter (relating to Submitting a Dispute for Settlement), the department shall: (1) assign a docket number to the matter; (2) appoint a facilitator to conduct a settlement conference; (3…

(a) Department notice. Prior to making a final decision adverse to an affected person, the appropriate department program shall give the affected person written notice of an opportunity for a hearing on the proposed action. The notice shall contain: (1) a statement of the action …

(a) If there is a dispute as to the amounts owed a lien claimant for agricultural chemicals or feed or the costs of labor associated therewith as defined under the Texas Agriculture Code, Chapters 128 and 188, an attempt at resolving the dispute may be submitted to the department…

(a) Testimony. The affected person shall have the opportunity to refute the basis of the proposed action, to offer oral and written testimony in the person's behalf, and to question any witnesses or appropriate department program representatives about the proposed action. The aff…

(a) The Texas Agriculture Code, Chapters 128 and 188 provide for the establishment of liens in favor of sellers of agricultural chemicals, agricultural seeds, or animal feed, or of a provider of labor in connection with the agricultural chemicals, agricultural seeds, or animal fe…

(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) The results of the settlement conference are not binding unless the parties agree otherwise. (b) If the parties reach a settlement and choose to execute a written agreement disposing of the dispute, the agreement is enforceable in the same manner as any other written contract…

(a) The dispute shall be evaluated using the definitions and standards provided in the Texas Agriculture Code, Chapters 128 and 188 and any documentation provided by parties in support of their positions. (b) The department facilitator shall act as an impartial third party in the…

(a) Party representatives with authority to negotiate a settlement and all other persons necessary to negotiate a settlement must attend the settlement conference in person or virtually through video conferencing. (b) Parties and their representatives attending the settlement con…

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) Any notes or record made of a settlement conference conducted under this subchapter are confidential, and may not be disclosed unless all parties to the dispute consent to the disclosure. (b) A facilitator conducting a settlement conference under this subchapter may not be re…

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 …

(a) Fees for reasonable costs incurred by the department in conducting settlement conferences under this subchapter shall be apportioned equally among parties to the conference. (b) Fees may include: (1) the costs of securing a venue suitable to facilitate the resolution of the d…

The department will maintain a computerized program to keep track of all expenditures and purchases involving HUBs. Notes 4 Tex. Admin. Code § 1.77 The provisions of this §1.77 adopted to be effective January 31, 1994, 19 TexReg 345; amended to be effective June 29, 2008, 33 TexR…

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 …

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) 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…

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 …

(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…

(a) All HUBs must be certified under the historically underutilized business program of the Texas Comptroller of Public Accounts to be eligible to participate in contract and open market purchases of the department. (b) The department will assist HUBs to become eligible for certi…

(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 …

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.…

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…

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…

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…