Texas Administrative Code

(a) Before an Organization may receive a grant from the Department, the county in which the Organization provides meals must make a grant to the Organization. The grant must be for the provision of home-delivered meals to the homebound elderly and disabled in that county. (b) A c…

(a) The Department annually shall determine: (1) the total amount of money available for grants under this subchapter; (2) the number of residents at least 60 years of age in this state, according to the most recent federal decennial census; and (3) the number of residents at lea…

The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise. (1) Approved Organization--An organization that submitted an application under this subchapter that was subsequently approved by the Departmen…

A Grantee must follow procedures and maintain facilities that comply with all applicable federal, state and local laws and regulations related to fire, health, sanitation, and safety, and obtain all necessary permits. All food preparation, handling, and service activities shall c…

An Organization is eligible to receive a grant under this subchapter if it: (1) administers a home-delivered meal program and is a direct provider of home-delivered meals to Elderly persons and/or persons with a Disability; (2) (if a nonprofit private organization) has a voluntee…

Each Home-delivered meal to which grant funds are applied shall be approved by a Dietary Consultant. Each meal must meet 1/3 of the recommended dietary allowance (RDA) for adults and the Dietary Guidelines for Americans, or if the organization receives funding through the Texas D…

(a) The application shall be in a form prescribed by the Department, in accordance with this subchapter. (b) The application submitted to the Department in accordance with § 1.954 of this title (relating to Eligibility for Grant), shall: (1) be notarized and signed by the Organiz…

In a contested case, no stipulation or agreement between parties, their attorneys, or representatives may be enforced unless it is reduced to writing and signed by the parties or their authorized representatives, or unless it is dictated into the record during the course of a hea…

(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…

The expenditure of grant funds by a Grantee shall be documented and used only to supplement and extend existing services related directly to delivery of meals to Homebound Elderly persons and Homebound persons with a Disability. Permissible expenditures include, but are not limit…

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…

The following words and terms, when used in this part, shall have the following meanings, unless the context clearly indicates otherwise. (1) Administrative law judge--The commissioner or the commissioner's designee assigned to conduct a hearing on a matter before the department,…

Grantee shall permit the Department and any other authorized governmental entity, through any authorized representatives, the access to and right to examine all records, books, papers, contracts, or other documents, including permits, related to grant funds received pursuant to t…

The department shall implement a legislative leave pool policy pursuant to Texas Government Code, § 411.0161 . Notes 37 Tex. Admin. Code § 1.44 The provisions of this §1.44 adopted to be effective March 17, 2011, 36 TexReg 1680

The mission of the Driver License Division is to provide exceptional customer service, promote public safety and enhance safe driving on Texas roadways. The Driver License Program consists of the following major activities: (1) examination of new drivers and renewal of licensed d…

(a) Purpose. It is the purpose of this section to provide a standard by which Developments funded by the Department offer an integrated housing opportunity for Households with Disabilities. This rule is authorized by Tex. Gov't Code, § 2306.111(g) that promotes projects that prov…

(a) TDI may use state funds to provide education and training for its employees. (b) The education and training program benefits the TDI and participating employees by: (1) preparing for technological and legal developments; (2) increasing work capabilities; (3) increasing the nu…

(a) Purpose. It is the purpose of this section to define service-enriched housing for the Housing and Health Services Coordination Council. (b) Definition. For the purpose of directing the work of the Housing and Health Services Coordination Council and its work products, includi…

(a) Depositions in a contested case are governed by the Act (see §14). (b) Additional discovery may be made in a contested case in accordance with the Act (see §14a). Notes 28 Tex. Admin. Code § 1.33 The provisions of this §1.33 adopted to be effective January 1, 1976; amended to…

(a) Purpose. The purpose of this section is to provide procedures for contested case hearings. This section does not apply to matters such as appeals to the Board of staff decisions or waivers, and this section does not in itself create any right to a contested case hearing, but …

(a) This chapter establishes a system for practice and procedure before the Railroad Commission of Texas to enable the just disposition of proceedings and public participation in contested case proceedings pursuant to the Administrative Procedure Act, Texas Government Code, Chapt…

(a) Purpose. In accordance with Tex. Gov't Code § 2306.082 , the Department encourages the use of negotiated rulemaking procedures for the adoption of Department rules. Tex. Gov't Code Chapter 2008 describes the procedures for negotiated rulemaking including appointment of a conv…

On completion of an education or training program, an employee's manager may require that the employee assume certain additional obligations, including, but not limited to: (1) discussing and sharing information obtained at the training with other employees; (2) assuming the addi…

Capitalized words in this subchapter have the meaning assigned in the specific chapter and rules of the title that govern the program associated with the matter or assigned by federal or state law. In addition, the following terms are used for the purposes of this subchapter: (1)…

(a) Purpose and Applicability. The purpose of this rule is to provide the procedures used by the Department to comply with Tex. Gov't Code §§ 2306.057 , and 2306.6713 which require the Compliance Division to assess the compliance history of the Applicant and any Affiliate, the co…

Formal contested case hearings shall be conducted for the Board by SOAH, as authorized by Chapters 2001 and § 2003.021 of the Texas Government Code. Notes 19 Tex. Admin. Code § 1.60 The provisions of this §1.60 adopted to be effective February 26, 2004, 29 TexReg 1658

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…

(a) The purpose of this subchapter is to establish a framework for informing compliance with the requirements of Tex. Gov't Code §§ 2306.6722 , 2306.6725 , and 2306.6730 , and the requirements of the Americans with Disabilities Act, Section 504 of the 1973 Rehabilitation Act (Sec…

(a) The following types of Multifamily Housing Developments must comply with the construction standards of §504 of the Rehabilitation Act of 1973, as further defined through the Uniform Federal Accessibility Standards (UFAS): (1) New construction and reconstruction HOME and NSP M…

(a) Purpose. The purpose of this section is to establish the procedures by which complaints are filed with the Department and how the Department handles those complaints under Department jurisdiction in compliance with Tex. Gov't Code § 2306.066 , Tex. Gov't Code, Chapter 2105, S…

(a) In a contested case, the presiding officer on his or her own motion or on the motion of a party, may direct the parties to appear before him or her at a specified time and place for a conference prior to the hearing for the purpose of formulating issues and considering: (1) t…

(a) Generally, housing designed and constructed for first occupancy after March 13, 1991, must comply with the Fair Housing Act. This includes Units, common areas, and amenities added to existing buildings, or on land under common ownership and contiguous with housing otherwise e…

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, …

(a) No individual with a Disability shall, by reason of their Disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any Department awarded program or activity. (b) There are additional requirements for compliance wit…

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…

(a) Applicability. This policy relates to a request for Reasonable Accommodations made by an applicant or participant of a Department program to a Recipient, or made by an applicant or occupant to a property funded by the Department to the property. The policy regarding a request…

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…

The presiding officer may permit prepared testimony of a witness on direct examination, in either narrative or question and answer form, to be incorporated into the record in a contested case. The offering party must provide copies of such testimony to the agency and to all other…

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…

Petitions for contested case status shall be served upon the officer stated herein, by personal delivery or by certified mail, with return receipt requested, or by other verifiable delivery service. A certificate evidencing service shall be included in the petition. (1) For contr…

(a) The department will charge fees for copies of public information or access to public information in accordance with the Public Information Act, Texas Government Code, Chapter 552 and the cost rules promulgated by the Office of the Attorney General of Texas in Texas Administra…

(a) A nonprofit corporation or business shall maintain cash reserves, not to include the performance deposit in § 1.63 of this title (relating to Proposal Requirements), totaling both: (1) an amount not less than 15% of all the ongoing operating costs (administrative, personnel a…

A nonprofit corporation shall not establish a charter or adopt bylaws that permit member library directors or member library staff to serve on the board of directors. Nor shall member library directors or member library staff serve as officers or directors of a for-profit corpora…

(a) The Commissioner shall appoint an ADR coordinator as soon as practicable following: (1) initial adoption of this subchapter, or (2) an ADR coordinator's vacation of the office. (b) The ADR coordinator shall, as soon as practicable after appointment, complete the minimum train…

(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…

(a) Purpose. The purpose of this section is to inform Persons or entities requesting awards of new funds or resources, Form(s) 8609, application amendments, LURA amendments, new Contracts (with the exception of a Household Commitment Contract), Contract amendments, or loan modifi…

Notice. Written notice that an application is complete or deficient will be delivered to the applicant by such means as will reasonably provide actual notice, such as through a designated email address provided by the applicant under § 1.1302 of this title (relating to Electronic…