Texas Administrative Code

(a) Grantees shall maintain documentation as required by the Department to verify that individuals who receive meals paid for or delivered in part with grant funds received under this subchapter each qualify as a Homebound Elderly person or Homebound person with a Disability. Suc…

Except as provided in § 1.31 of this title (relating to Agreements To Be in Writing), any motion made during a hearing need not be in writing unless the presiding officer so directs. Notes 28 Tex. Admin. Code § 1.14 The provisions of this §1.14 adopted to be effective January 1, …

(a) The commissioner's order placing the agent on disability probation shall state the conditions of the probation. (b) In determining the conditions of probation, the commissioner shall consider, based upon the evidence at the hearing, the nature and circumstances of the conduct…

(a) The parties may agree to use mediation as an option to resolve a contractor's claim and any counterclaim at the time they enter into the contract, and may include a provision in the contract to do so. The parties may mediate a contractor's claim and any counterclaim even with…

(a) The mediator shall possess the qualifications that are required under Civil Practice and Remedies Code, § 154.052 ; be subject to the standards and duties that are prescribed by Civil Practice and Remedies Code, § 154.053 ; and have the qualified immunity that is stated in Ci…

(a) Exhibits shall be of such size as not to encumber the files and records of the agency. They shall be limited to facts material and relevant to the issues involved in a particular proceeding. The presiding officer, at the request of the person introducing an exhibit, may instr…

The procedures for placing an agent on probation are described in paragraphs (1)-(8) of this section. (1) The department may require the agent to undergo an independent evaluation at the agent's expense by a licensed professional competent to evaluate the agent's alleged disabili…

(a) Statutory basis and purpose. This subchapter implements the provisions of the Insurance Code, Article 21.15-6, which provides for disability probation for agents who are disabled by a mental, physical or emotional condition. (b) Severability. Where any terms or section of thi…

(a) An agent may raise the issue of disability and request probation pursuant to the Insurance Code, Article 21.15-6, and this subchapter, prior to a hearing to suspend, revoke or cancel the agent's license. (1) An agent may request probation prior to a contested case hearing aft…

For good cause, the commissioner may make exceptions to the procedures in § 1.1701 of this subchapter (relating to Referrals of Matters to the Office of the Attorney General for Collection). Notes 28 Tex. Admin. Code § 1.1703 The provisions of this §1.1703 adopted to be effective…

(a) Negotiation is a consensual bargaining process in which the parties attempt to resolve a claim and counterclaim. A negotiation under this subchapter may be conducted by any method, technique, or procedure authorized under the contract or agreed upon by the parties. (b) The pa…

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…

(a) Parties to proceedings before the department shall be classified as applicants, petitioners, complainants, respondents, or intervenors. Parties to a proceeding shall have the right to present a direct case, cross-examine all witnesses, file requests for discovery, make legal …

(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 department will maintain records identifying all persons or entities liable for delinquent obligations and the correct physical address of the debtor's place of business and/or residence, if available. (b) Such records should also contain collection histories on each debt…

Equalization grants to major resource system or regional library system member libraries are not an allowable system expense. Notes 13 Tex. Admin. Code § 1.54 The provisions of this §1.54 adopted to be effective September 1, 1977, 2 TexReg 1293; amended to be effective April 30, …

The Texas Department of Insurance adopts the rules of the Comptroller of Public Accounts relating to the Historically Underutilized Business Program at 34 TAC Chapter 20, Subchapter B. Notes 28 Tex. Admin. Code § 1.1601 The provisions of this §1.1601 adopted to be effective Septe…

Direct grants-in-aid to major resource system or regional library system member libraries are prohibited. Grants-in-aid are defined as cash grants for library materials or other expenses in which the major benefit is to the receiving library as opposed to the major resource syste…

A request for hearing does not of itself stay an official act or order unless the official act or order is stayed by controlling law. Notes 28 Tex. Admin. Code § 1.18 The provisions of this §1.18 adopted to be effective January 1, 1976; amended to be effective July 13, 1984, 9 Te…

(a) The commission shall designate a large public library to serve as the major resource center for an area of 4,000 or more square miles. To be designated as the major resource center, the library must: (1) have and annually maintain its accreditation as a member of the library …

This subchapter governs the negotiation and mediation of a claim of breach of contract asserted by a contractor against the Texas Department of Insurance under Government Code Chapter 2260. Notes 28 Tex. Admin. Code § 1.1801 The provisions of this §1.1801 adopted to be effective …

A federated county or multi-county library system will be eligible to send to the annual meeting of representatives either one representative to represent the entire federated county or multi-county library system; or the federated county or multi-county library system may elect …

(a) A motion shall be filed with the Docket Services Section, unless dictated into the record during the pendency of a hearing, and shall state the relief sought and the specific reasons for the motion. If the motion is based upon alleged facts that are not a matter of record, it…

The provisions of this subchapter do not waive the department's sovereign immunity to suit or liability. Notes 28 Tex. Admin. Code § 1.1805 The provisions of this §1.1805 adopted to be effective November 27, 2000, 25 TexReg 11658

(a) A contractor asserting a claim of breach of contract under the Government Code, Chapter 2260, shall file notice of the claim as provided by this section. (b) The notice of claim shall: (1) be in writing and signed by the contractor or the contractor's authorized representativ…

(a) A settlement agreement may resolve an entire claim or any designated and severable portion of a claim. (b) To be enforceable, a settlement agreement must be in writing and signed by representatives of the contractor and the department who have authority to bind each respectiv…

(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 …

The parties' settlement approval procedures shall be disclosed prior to, or at the beginning of, negotiations. To the extent possible, the parties shall select negotiators who are knowledgeable about the subject matter of the dispute, who are in a position to reach agreement, and…

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…

Unless the parties agree otherwise, each party shall be responsible for its own costs incurred in connection with a negotiation, including, without limitation, the costs of attorney's fees, consultant's fees and expert's fees. Notes 28 Tex. Admin. Code § 1.1813 The provisions of …

(a) The parties may agree to mediate a claim through an impartial third party. The mediation is subject to the provisions of the Governmental Dispute Resolution Act, Government Code, Chapter 2009. For purposes of this subchapter, "mediation" is assigned the meaning set forth in t…

(a) The contractor and the department may agree to mediate the dispute at any time before the 120th day after the department receives a notice of claim of breach of contract, or before the expiration of any extension agreed to by the parties in writing. (b) A contractor and the d…

(a) If a claim for breach of contract is not resolved in its entirety through negotiation, mediation or other assisted negotiation process in accordance with this subchapter on or before the 270th day after the department receives the notice of claim, or after the expiration of a…

Testimony in all contested cases shall be presented under oath or affirmation administered by an examiner, Commissioner, or court reporter. Notes 16 Tex. Admin. Code § 1.8 The provisions of this §1.8 adopted to be effective June 1, 1991, 16 TexReg 2289; Adopted by Texas Register,…

(a) In computing any period of time prescribed or permitted by the Hearings Director, the examiner, a rule or an order of the Commission, or any applicable statute: (1) the day of the act, event, or default from which the period of time begins to run shall not be included; (2) th…

Unless the contractor and the department agree otherwise, each party shall be responsible for its own costs incurred in connection with the mediation, including costs of document reproduction for documents requested by such party, attorney's fees, and consultant or expert fees. 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…

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) 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) A review panel appointed by the commissioner shall review grant proposals and make a recommendation to the commissioner for awarding the grants. (b) The review panel shall be composed of the following: (1) one person having experience or expertise in developing elementary and…

(a) Any motion relating to a pending proceeding shall, unless made during a hearing, be written, set forth the relief or order sought and the specific reasons and grounds therefor, and be timely filed with the hearings clerk or other staff member primarily responsible for legal s…

(a) Upon receipt of a timely protest that conforms with this subchapter, the Responsible Individual will review the protest. The Responsible Individual may request written responses to the protest from any staff of the Department and may request from the Department staff any and …

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 § 1.804 The provisions of this §1.804 adopted to be effective November…

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…