Texas Administrative Code

Unless otherwise provided by statute, time periods provided for in these rules shall be computed and enlarged as provided in the Texas Rules of Civil Procedure, Rules 4 and 5. Notes 4 Tex. Admin. Code § 1.6 The provisions of this §1.6 adopted to be effective January 18, 1991, 16 …

(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…

Consistent with notices required by law, the department may consolidate or separate matters following the provisions of the Texas Rules of Civil Procedure, Rule 174. Notes 4 Tex. Admin. Code § 1.16 The provisions of this §1.16 adopted to be effective January 18, 1991, 16 TexReg 1…

All department staff proposals and petitions for rule making shall be considered and processed in accordance with departmental procedures established and revised as necessary by the commissioner. The commissioner may approve the publication of a staff proposal or petition for rul…

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context indicates otherwise. (1) Act--Texas Civil Statutes, Article 6252-13a. (2) Agency--The board, the commissioner, and all divisions, departments, and employees thereof.…

The department will cooperate with the General Services Commission to identify, request and, if appropriate, use any waiver or exemption provision in the State Vehicle Management Plan based on conditions specific to the department in the interest of promoting fiscal efficiency an…

(a) The Board shall send via email an annual registration renewal notice to each Architect. An Architect must notify the Board in writing (email, fax, on the Board's Web site, or by U.S. mail) each time the Architect's email address or mailing address of record changes. The writt…

(a) Authority. Statutory authority for this subchapter is provided in the Texas Education Code, Chapter 61, §61.505. (b) Purposes. The Family Practice Residency Advisory Committee is created to provide the Board with advice and recommendation(s) regarding the Family Practice Resi…

Unless otherwise directed by the commissioner, the fire marshal, or the presiding officer, all commissioner's and fire marshal's hearings shall be held in a commissioner's hearing room. Notes 28 Tex. Admin. Code § 1.81 The provisions of this §1.81 adopted to be effective January …

(a) Scope of Sections. The procedures for public petitions for all rule making, including rule making under Government Code, § 2001.021 , and the Insurance Code, Articles 5.96(b) and 5.97(b), shall be governed by the provisions of these sections to the extent not governed by stat…

(a) Submission. Publication of proposed rules shall request that written comments be filed with the Office of the Chief Clerk, including proposed rules under the Insurance Code, Articles 5.96 and 5.97. (b) Incorporation Of Forms By Reference. Notice of a proposed new rule or amen…

(a) Applicability of the Public Information Act. All records, data, and information filed with the Commission are subject to the Texas Public Information Act, Texas Government Code, Chapter 552. If the Commission receives a third party request for materials that have been marked …

When there is no request for a hearing and no hearing is required by statute, the commissioner may take final action on a proposed rule by signing an order of adoption without a hearing. Action on the proposed rule is solely within the discretion of the commissioner. Notes 28 Tex…

The Office of the Chief Clerk shall provide by first class mail to the petitioning party a copy of the written order on any rule resulting from a petition to initiate rule making proceedings. A copy of such order shall also be provided to any party who requested a hearing on the …

When a hearing or meeting is required by statute or these rules, the commissioner may take final action on a proposed rule only after a hearing which meets the requirements of paragraphs (1)-(3) of this section. (1) The commissioner shall conduct the hearing. All interested perso…

(a) Admissibility. When a proceeding will be expedited and the interests of the parties will not be substantially prejudiced, direct testimony may be offered in written form. The written testimony of a witness on direct examination, either in narrative or question and answer form…

(a) The Family Practice Residency Advisory Committee shall consist of 12 members, including: (1) one member who is a licensed physician appointed by the Texas Osteopathic Medical Association; (2) two members who are licensed physicians appointed by the Association of Directors of…

The Office of the Chief Clerk shall maintain a list of public petitions to initiate rule making before the department which have not yet been published for public comment or denied by commissioner's order. The list will be posted in the lobby of the offices of the Texas Departmen…

(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 …

A copy or excerpt of a document may be admitted as evidence if the original is not readily available and if authenticity is established by competent evidence. When numerous or duplicative documents are offered, the examiner may limit those admitted to a number of documents which …

(a) Form. Exhibits to be offered in evidence at a hearing shall be of a size which will not unduly encumber the record. Whenever practicable, exhibits shall conform to the size requirements established by § 1.32 of this title (relating to Form and Content of Pleadings). The pages…

For contracts, plans, or policies that are in effect but do not expire, insurers and health maintenance organizations must notify their customers by providing the applicable updated notice forms required in § 1.601 of this title (relating to Notice of Toll-Free Telephone Numbers …

Under Government Code § 2261.253 , the Texas Department of Insurance implements the following procedures for contracts for the purchase of goods or services from private vendors until the contract expires or is completed. (1) For each contract with a value greater than $25,000, t…

Neither the board, the commissioner, nor the fire marshal may take official action in a contested case unless it is formally pending for adjudication, and unless it is a real case, controversy, or issue. Provided, however, an official ruling or opinion may be made in advance on a…

The committee shall meet at least annually. 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 shall be available to the public after th…

The purpose of these sections is to implement the state government privacy policy requirements of Texas Government Code Chapter 559. This subchapter only applies to forms adopted directly or by reference under this title, and for which the department collects information about an…

It is the policy of the department that an individual is entitled to be informed about information that the department collects about the individual unless the department is allowed to withhold the information from the individual pursuant to Government Code § 552.023 . Notes 28 T…

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…

(a) In a contested case all pleadings for which no other form is prescribed shall contain: (1) the name of the party seeking to bring about or prevent action by the agency; (2) the names of all other known parties; (3) a concise statement of the facts relied upon by the pleader; …

Ex parte consultations are governed by the Act (see §17). Notes 28 Tex. Admin. Code § 1.30 The provisions of this §1.30 adopted to be effective January 1, 1976; amended to be effective July 13, 1984, 9 TexReg 3651.

The charge to any person or entity requesting the affixing of the official seal and certifying to the seal shall be $11, inclusive of the $1.00 fee required by the Civil Practice and Remedies Code, § 22.004 . Notes 28 Tex. Admin. Code § 1.302 The provisions of this §1.302 adopted…

The following words and terms, when used in this subchapter, shall have the following meanings: (1) Board--The Texas Higher Education Coordinating Board. (2) Center for Financial Aid Information--The state's entity for developing and disseminating information about financial aid …

(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…

(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…

Motions for extension of time shall be in writing, filed with the hearings clerk or other staff member primarily responsible for legal support to the administrative law judge for the department, or SOAH, and served on all parties no less than five days prior to the date that the …

Approval to participate in any portion of the education and training program will not affect an employee's at-will status or constitute a guarantee or indication of continued employment, nor will it constitute a guarantee or indication of future employment in a current or prospec…

Except as otherwise provided by law, if an applicant's original application or request for renewal of a license or certificate of authority is denied, the person will have 30 days from the date of denial to make a written request for a hearing. Notes 28 Tex. Admin. Code § 1.32 Th…

(a) Any party may take the testimony of any person, including a party, by deposition upon written questions. (b) A party proposing to take a deposition upon written questions shall serve them upon every other party or his or her attorney of record with 10 days' notice in writing.…

(a) A witness or deponent who is not a party and who is subpoenaed or otherwise compelled to attend any hearing or proceeding to give a deposition or to produce books, records, papers, or other objects that may be necessary and proper for the purposes of any proceeding under the …

Briefs, written exceptions, and pleadings in a contested case shall be stated concisely with argument and properly cited authorities organized and directed to each point. The specific purpose for which evidence is relied upon shall be stated and citations to the page number of th…

The Board authorizes the Commissioner to approve proposed Board rules for publication in the Texas Register. The Commissioner may refer proposed rules for consideration by Coordinating Board committees established pursuant to § 1.5 of this title (relating to Coordinating Board Co…

On a showing of good cause to the presiding officer, a motion for postponement of a hearing in a contested case may be granted. Notes 28 Tex. Admin. Code § 1.40 The provisions of this §1.40 adopted to be effective January 1, 1976; amended to be effective July 13, 1984, 9 TexReg 3…

Unless the order of presentation in a contested case is otherwise directed by the presiding officer, the agency or party who initiated the proceeding shall briefly state the nature of the matters to be heard and proceed with the introduction of evidence. Other parties shall proce…

The introduction and admissibility of evidence in a contested case is covered by the Act (see §14 and §14a), and by these sections. Notes 28 Tex. Admin. Code § 1.43 The provisions of this §1.43 adopted to be effective January 1, 1976; amended to be effective July 13, 1984, 9 TexR…

(a) Authority. Statutory authority for this subchapter is provided in the Texas Education Code, § 61.0776 , and the Texas Government Code, Chapter 2110, §2110.0012. (b) Purposes. (1) The Financial Aid Advisory Committee is created to provide the Board with advice and recommendati…

A formal exception to a ruling of the presiding officer during the hearing of a contested matter is permissible but is not required. Any ruling adverse to an objecting party automatically preserves the exception as if the exception had been made and noted. Notes 28 Tex. Admin. Co…

(a) A sick leave pool is established to help alleviate hardship caused to an employee and employee's immediate family if a catastrophic illness or injury forces the employee to exhaust all accrued paid leave time earned by that employee and to lose compensation from the state. (b…