reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 22 - TEXAS WORKFORCE INVESTMENT COUNCIL › Chapter 901 - DESIGNATION AND REDESIGNATION OF LOCAL WORKFORCE DEVELOPMENT AREAS › Section 901.2 - Appeal of Decision on Designation or Redesignation

Current through Reg. 49, No. 28; July 12, 2024
(a) Time Limit for Appeal. An appeal of a
				designation or redesignation of a workforce area must be delivered to the
				Council no later than 30 days after the date the designation or redesignation
				was made.
(b) Contents of Appeal.
				An appeal shall be in writing and shall include the specific reasons for
				appealing the designation or redesignation. The request shall also include any
				new information the requestor seeks to have considered in the appeal
				process.
(c) Notice of Appeal. When
				an appeal is received, notice of the appeal shall be published in the Texas
				Register with a statement inviting input, specifying the deadline for
				submitting written input. The council, at its discretion, may also schedule a
				public meeting at which oral comments on the appeal will be accepted.
(d) Consideration of Proposal or Request. The
				Council may consider an appeal or may designate a committee to do so and make a
				report to the Council. In considering an appeal, all relevant information may
				be reviewed in addition to the information submitted with the appeal and the
				information obtained during the public comment process.
(e) Recommendation. After considering an
				appeal, the Council shall make a recommendation to the Governor within 120 days
				of the date of receipt of the appeal request.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 1 - MANAGEMENT › Subchapter A - ORGANIZATION AND RESPONSIBILITIES › Section 1.1 - Texas Transportation Commission

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Commission.
(1) The Texas Department of
				  Transportation is governed by the Texas Transportation Commission, consisting
				  of five commissioners appointed by the governor with the advice and consent of
				  the senate.
(2) The governor
				  designates one commissioner as the chair of the commission.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 1 - MANAGEMENT › Subchapter A - ORGANIZATION AND RESPONSIBILITIES › Section 1.2 - Texas Department of Transportation

Current through Reg. 49, No. 28; July 12, 2024
(a) Executive director.
(1) The commission will elect an executive
				  director for the department who shall be skilled in transportation planning and
				  development and in organizational management. The executive director, as the
				  chief executive officer of the department, is authorized to administer the
				  day-to-day operations of the department. The executive director may hold that
				  position until removed by the commission.
(2) To assist in discharging the duties and
				  responsibilities of the executive director, the executive director may
				  organize, appoint, and retain such administrative staff as he or she deems
				  appropriate, including the chief financial officer of the department.
(3) The executive director shall:
(A) serve the commission in an advisory
				  capacity, without vote;
(B) submit
				  quarterly, annually, and biennially to the commission detailed reports of the
				  progress of public road construction, public and mass transportation
				  development, and detailed statement of expenditures;
(C) hire, promote, assign, re-assign,
				  transfer, and, consistent with applicable law and policy, terminate staff
				  necessary to accomplish the roles and missions of the department;
(D) notify the chair of grounds for removal
				  of a commissioner if the executive director knows that a potential ground for
				  removal exists, or, if the potential ground for removal relates to the chair,
				  notify another commissioner;
(E)
				  under the direction and with the approval of the commission, prepare a
				  comprehensive plan providing a system of state highways; and
(F) perform other responsibilities as
				  required by law or assigned by the commission.
(4) The executive director may, consistent
				  with applicable law, delegate one or more of the functions listed under
				  paragraph (3)(B) - (F) of this subsection to the staff of the
				  department.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 1 - MANAGEMENT › Subchapter B - PUBLIC MEETINGS AND HEARINGS › Section 1.3 - Commission Meetings

Current through Reg. 49, No. 28; July 12, 2024
(a) The Texas
				  Transportation Commission will hold at least one regular business meeting each
				  calendar month and, subject to the call of the chair, any special or emergency
				  meetings necessary for the performance of the commission's duties. Each meeting
				  will be conducted in accordance with applicable provisions of the Open Meetings
				  Act, Government Code, Chapter 551.
(b) The chair or, in the chair's absence, the
				  commissioner designated by the chair as acting chair, shall preside at all
				  commission meetings. The chair or acting chair rules on motions and points of
				  order and determines the order of business.
(c) The chair may create subcommittees,
				  appoint commissioners to subcommittees, and receive the reports of
				  subcommittees to the commission as a whole. A formal meeting of a subcommittee
				  will follow the procedures set forth in the Open Meetings Act, Government Code,
				  Chapter 551, but compliance is not required for an informal meeting of two
				  commissioners if the informal meeting would not otherwise be independently
				  subject to the Open Meetings Act.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 1 - MANAGEMENT › Subchapter B - PUBLIC MEETINGS AND HEARINGS › Section 1.4 - Public Access to Commission Meetings

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Purpose. This section provides policies and procedures governing public access
				  to the commission in order to facilitate that access and maximize public
				  participation in the decision-making process, while ensuring orderly and
				  effective conduct of meetings.
(b)
				  Posted agenda items. A person may speak before the commission on any matter on
				  a posted agenda by submitting a request, in a form and manner as prescribed by
				  the department, prior to the matter being taken up by the commission. A person
				  speaking before the commission on an agenda item will be allowed an opportunity
				  to speak:
(1) prior to a vote by the
				  commission on the item; and
(2) for
				  a maximum of three minutes, except as provided in subsection (g)(6) of this
				  section.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 1 - MANAGEMENT › Subchapter B - PUBLIC MEETINGS AND HEARINGS › Section 1.5 - Public Hearings

Current through Reg. 49, No. 28; July 12, 2024
(a) Subject of
				  hearings. The commission may hold public hearings to:
(1) consider the adoption of rules, in
				  accordance with the Administrative Procedure Act, Government Code, Chapter
				  2001;
(2) receive evidence and
				  testimony concerning the desirability of acquiring dredge material disposal
				  sites and of any widening, relocation, or alteration of the main channel of the
				  Gulf Intracoastal Waterway, in accordance with Transportation Code, §
											51.006
				  and Chapter 2 of this title (relating to Environmental Review of Transportation
				  Projects);
(3) provide for public
				  input regarding the design, schematic layout, and environmental impact of
				  transportation projects, in accordance with Transportation Code, §
											203.021, and
				  Chapter 2 of this title;
(4)
				  consider maximum prima facie speed limits on highways in the state highway
				  system that are near public or private elementary or secondary schools or
				  institutions of higher education, in accordance with Transportation Code,
				  §
											545.357;
(5) annually receive public input on the
				  commission's highway project selection process and the relative importance of
				  the various criteria on which the commission bases its project selection
				  decisions, in accordance with Transportation Code, §
											201.602;
(6) receive comments from interested parties
				  prior to approving any financial assistance under Transportation Code, §
											21.111, relating
				  to aviation facilities development; and
(7) provide, when deemed appropriate by the
				  commission or when otherwise required by law, for public input regarding any
				  other issue under the jurisdiction of the department.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 1 - MANAGEMENT › Subchapter D - PROCEDURE FOR ADOPTION OF RULES › Section 1.11 - Petition

Current through Reg. 49, No. 28; July 12, 2024
Any interested person, as described by Government Code,
					 §
										2001.021,
					 may petition the department requesting the adoption of a rule. Such petition
					 must be in writing directed to the executive director at the department's
					 headquarters building in Austin and shall contain a clear and concise statement
					 of the substance of the proposed rule, together with a brief explanation of the
					 purpose to be accomplished through such adoption. Within 60 days after receipt,
					 the department will either deny the petition in writing, stating its reasons
					 therefor, or will initiate rulemaking proceedings in accordance with the
					 Administrative Procedure Act (Government Code, Chapter 2001, Subchapter
					 B).
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 1 - MANAGEMENT › Subchapter D - PROCEDURE FOR ADOPTION OF RULES › Section 1.12 - Negotiated Rulemaking

Current through Reg. 49, No. 28; July 12, 2024
(a) The Texas
				  Transportation Commission (commission) encourages the use of negotiated
				  rulemaking for the adoption of commission rules in appropriate
				  situations.
(b) The general counsel
				  of the Texas Department of Transportation is the commission's negotiated
				  rulemaking coordinator. The general counsel may designate a person to perform
				  the duties and functions of the coordinator.
(c) The negotiated rulemaking coordinator, on
				  the coordinator's own determination or on the request of the commission or the
				  executive director, will begin the negotiated rulemaking process on a specified
				  subject.
(d) The negotiated
				  rulemaking coordinator will follow the procedures provided in the Negotiated
				  Rulemaking Act (Government Code, Chapter 2008) to determine whether the
				  negotiated rulemaking process is a feasible method to develop a particular
				  rule. If the coordinator determines that the negotiated rulemaking process is
				  feasible and appropriate, the coordinator will ensure compliance with the
				  Negotiated Rulemaking Act in developing the rule.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 1 - MANAGEMENT › Subchapter E - PROCEDURES IN CONTESTED CASE › Section 1.21 - Scope and Purpose

Current through Reg. 49, No. 28; July 12, 2024
This subchapter describes the procedures to be followed in
					 a contested case. The procedures in this subchapter may be used only if a
					 statute provides that the matter may be the subject of a contested case hearing
					 under the Administrative Procedure Act (Government Code, Chapter 2001) or a
					 department rule expressly provides for a hearing under this
					 subchapter.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 1 - MANAGEMENT › Subchapter E - PROCEDURES IN CONTESTED CASE › Section 1.22 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this
					 subchapter, shall have the following meanings, unless the context clearly
					 indicates otherwise.
(1) APA--The
				  Administrative Procedure Act (Government Code, Chapter 2001).
(2) Contested case--A proceeding in which the
				  legal rights, duties, or privileges of a party are to be determined after
				  opportunity for an adjudicative hearing.
(3) Department--The Texas Department of
				  Transportation.
(4) Executive
				  director--The chief administrative officer of the department.
(5) Judge--The administrative law judge
				  assigned by the State Office of Administrative Hearings' chief administrative
				  law judge to preside at an administrative hearing held under this
				  subchapter.
(6) Party--A person,
				  including the department, that is named or permitted to participate in a
				  contested case hearing by the judge.
(7) Person--An individual, representative,
				  corporation, or other entity, including any public or non-profit corporation,
				  or any agency or instrumentality of federal, state, or local
				  government.
(8) Petition--The
				  document that initiates a contested case hearing.
(9) Petitioner--A person who files a petition
				  under this subchapter.
(10)
				  SOAH--The State Office of Administrative Hearings.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 1 - MANAGEMENT › Subchapter E - PROCEDURES IN CONTESTED CASE › Section 1.23 - Computation of Time

Current through Reg. 49, No. 28; July 12, 2024
In computing a period of days for the purposes of this
					 subchapter, unless otherwise provided by statute, the period begins on the day
					 after the act, event, or default in question and concludes at the end of the
					 last day of that designated period, unless that day is a Saturday, Sunday, or
					 legal holiday on which the office of the executive director is closed, in which
					 event the period concludes at the end of the next day that is not a Saturday,
					 Sunday, or legal holiday.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 1 - MANAGEMENT › Subchapter E - PROCEDURES IN CONTESTED CASE › Section 1.24 - Filing of Petition; Procedure for Filing Petition and Other Documents

Current through Reg. 49, No. 28; July 12, 2024
(a) A person begins a contested case by
				  filing an original and one copy of a petition with the executive director. If
				  the petition is sent by electronic mail, the additional copy of the petition is
				  not required.
(b) Filing a
				  document, including a petition, with the executive director must be made by:
(1) sending the document by United States
				  mail or by overnight delivery service to: Executive Director, Texas Department
				  of Transportation, 125 East 11th Street, Austin, Texas 78701;
(2) hand delivering the document to:
				  Executive Director, Texas Department of Transportation, 125 East 11th Street,
				  Austin, Texas; or
(3) sending the
				  document by electronic mail in accordance with subsection (e) of this
				  section.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 1 - MANAGEMENT › Subchapter E - PROCEDURES IN CONTESTED CASE › Section 1.25 - Procedure for Service of Documents

Current through Reg. 49, No. 28; July 12, 2024
(a) On
				  the date that a party files a document, other than a petition, with the
				  executive director, the party shall also serve a copy of the document on the
				  judge and each party or the party's authorized representative. If the judge has
				  designated a department employee as a party in the case, the Office of the
				  Attorney General is the employee's authorized representative and service must
				  be made on the Office of the Attorney General rather than the
				  employee.
(b) Service of the
				  document on the judge must be in accordance with SOAH rules. To any person
				  other than the judge, service of the document must be made by:
(1) hand-delivery;
(2) regular, certified, or registered
				  mail;
(3) overnight delivery
				  service; or
(4)
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 1 - MANAGEMENT › Subchapter E - PROCEDURES IN CONTESTED CASE › Section 1.26 - Content of Petition

Current through Reg. 49, No. 28; July 12, 2024
(a) A petition must
				  include:
(1) the name of the
				  petitioner;
(2) a department
				  reference number, if applicable;
(3) a concise statement of the facts on which
				  the petitioner relies, including as an attachment, if applicable, the document
				  issued by the department that notified the petitioner of the decision or action
				  challenged by the petitioner;
(4) a
				  statement of the relief demanded by the petitioner;
(5) the names of all known persons, other
				  than the petitioner, with an interest in the outcome of the contested
				  case;
(6) any other matter required
				  by statute; and
(7) the signature
				  of the petitioner or the petitioner's authorized representative.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 1 - MANAGEMENT › Subchapter E - PROCEDURES IN CONTESTED CASE › Section 1.27 - Examination by Executive Director

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  executive director will examine a petition and make a preliminary determination
				  whether the petition states a claim that entitles the petitioner to initiate a
				  contested case, and whether the petition meets the procedural requirements of
				  this subchapter and of the APA.
(b)
				  If the executive director determines that the petition is deficient, the
				  executive director will give written notice to the petitioner that explains the
				  determination. For the deficient petition to become effective, the petitioner
				  must file a corrected petition within 20 days of the date that the petitioner
				  receives the written notice.
(c) If
				  the department rule that authorizes a person to file a request for a contested
				  case hearing does not expressly refer to this subchapter concerning the filing
				  of the request then the executive director shall examine the request concerning
				  whether it meets the requirements of that rule and not this subchapter. In
				  accordance with subsection (b) of this section, the executive director may
				  require the petitioner to file an amended petition that satisfies the
				  requirements of this subchapter.
(d) The executive director's preliminary
				  determination of a petition's legal sufficiency is without prejudice to the
				  department's right to assert in litigation that a contested case should be
				  dismissed for any reason.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 1 - MANAGEMENT › Subchapter E - PROCEDURES IN CONTESTED CASE › Section 1.28 - Initiation of Contested Case

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  executive director will refer a petition to SOAH to initiate a contested case.
				  The executive director's referral may request that the judge consider a summary
				  disposition of the case if the executive director believes the petition was not
				  timely filed or fails to meet other procedural requirements.
(b) The department may initiate a contested
				  case on its own initiative in accordance with the rules of SOAH.
(c) The department's office of general
				  counsel will transmit a request to SOAH to initiate a contested case.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 1 - MANAGEMENT › Subchapter E - PROCEDURES IN CONTESTED CASE › Section 1.29 - Notice of Hearing

Current through Reg. 49, No. 28; July 12, 2024
(a) Issuance. The
				  department will issue notice of a hearing in accordance with the instructions
				  of the judge and by certified or registered mail to each party's last known
				  address as shown in the department's records.
(b) Content. The content of a notice of
				  hearing will conform with the requirements of the APA.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 1 - MANAGEMENT › Subchapter E - PROCEDURES IN CONTESTED CASE › Section 1.30 - Standard of Review and Burden of Proof

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Except as provided in §
										1.31
				  of this subchapter (relating to Provisions for Contract Claims), the standard
				  of review is reasonableness.
(b)
				  The applicant bears the burden of proof in a case concerning an application for
				  a permit, license, or other approval from the department. The claimant bears
				  the burden of proof concerning a contract claim.
(c) In a proceeding concerning an enforcement
				  matter, including the department's imposition of a sanction, penalty, or
				  temporary or permanent cancellation of an existing permit, license, or
				  approval, the department bears the burden of proof to show the person's
				  violations of law or department policy. The person bears the burden of proof to
				  show mitigating factors that show enforcement is not necessary.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 1 - MANAGEMENT › Subchapter E - PROCEDURES IN CONTESTED CASE › Section 1.31 - Provisions for Contract Claims

Current through Reg. 49, No. 28; July 12, 2024
(a) This section
				  applies only to a contested case concerning a contract claim.
(b) If the parties to a contract agree to
				  submit questions that arise under the contract to the decision of a department
				  employee, the employee's decision is final and conclusive unless in making the
				  decision, the employee is guilty of fraud, misconduct, or such gross mistake as
				  would imply bad faith or a failure to exercise an honest judgment.
(c) This subsection applies only to a
				  claimant's request for interest under Government Code, Chapter 2251 (the Prompt
				  Payment Act (PPA)).
(1) A determination of
				  the application of this subsection and the amount of interest due must be made
				  for each claim made for a good or service.
(2) If a claim is resolved in favor of a
				  claimant, interest begins to accrue on the 31st day after the date that the
				  claimant files the claim and detailed report, if such a report is required by
				  statute or commission rule, that provides the basis of the claim under §
											9.1
				  or §
											9.2 of
				  this title (relating to Claims for Purchase Contracts and Contract Claim
				  Procedure, respectively). If a claim is not resolved in favor of the claimant,
				  the claimant must submit a corrected invoice and interest will accrue on the
				  claim only if the payment of the corrected amount becomes overdue under the
				  PPA.
(3) For purposes of this
				  subsection, a claim is resolved in favor of a claimant only if it is determined
				  that the amount to be paid on a claim is 50 percent or more of the greater of:
(A) the claimant's original claim as shown in
				  the claim and detailed report, if required, submitted under §
												9.1
				  or §
												9.2 of
				  this title; or
(B) the claimant's
				  amended claim.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 1 - MANAGEMENT › Subchapter E - PROCEDURES IN CONTESTED CASE › Section 1.32 - Ex parte Communications

Current through Reg. 49, No. 28; July 12, 2024
Unless required for the disposition of an ex parte matter
					 authorized by law or as expressly authorized by this section, during the
					 pendency of a contested case either at SOAH or before the commission or
					 executive director, a party, person, or representative of a party or person is
					 prohibited from communicating directly or indirectly with any commissioner, the
					 executive director, or the judge, concerning any issue of fact or law relative
					 to the pending case, except after notice and with the opportunity for all
					 parties to participate. For the purpose of using the special skills or
					 knowledge of the department and its staff in evaluating the evidence, a
					 commissioner, the executive director, or the judge may communicate ex parte
					 with a department employee who has not participated in a hearing in the case
					 without providing notice of the communication to the parties.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 1 - MANAGEMENT › Subchapter E - PROCEDURES IN CONTESTED CASE › Section 1.33 - Issuance of Subpoena or Commission to Take Deposition

Current through Reg. 49, No. 28; July 12, 2024
(a) On proper request by a party, the
				  department will issue subpoenas and commissions to take depositions in
				  accordance with the APA, unless it appears that the subpoena or commission is
				  sought for the purpose of harassment or that the subpoena or commission would
				  unduly inconvenience the person to whom it is addressed.
(b) The party requesting the issuance of a
				  subpoena or commission must file the request with the executive director, and
				  serve a copy of the request on the judge and each party or the party's
				  representative. The request must identify any documents sought with as much
				  detail as possible and must include a statement of the documents' relevance to
				  the issues in the case. The requestor must submit a proposed subpoena or
				  commission that satisfies the requirements of §
										1.34
				  of this subchapter (relating to Form of Subpoena or Commission to Take
				  Deposition).
(c) Before seeking
				  issuance of a subpoena or commission, the requestor must attempt to secure the
				  voluntary appearance of the witness or production of materials. If this is not
				  possible, the requestor must indicate in the request the circumstances that
				  prevent the voluntary appearance or production.
(d) Except when the department as a party
				  requests the subpoena, the requestor must submit a deposit that will reasonably
				  ensure payment of the witness' or deponent's expenses as required by the APA.
				  Only a non-party witness or deponent is entitled to receive reimbursement of
				  expenses as provided by §
										1.35 of
				  this subchapter (relating to Witness Fees). The amount of the required deposit
				  is based on an estimate of the mileage to be traveled to and from the hearing
				  or deposition, if over 25 miles, and days expected to be spent in the hearing
				  or deposition. The requestor shall make the deposit in the appropriate amount
				  by certified check payable to Texas Department of Transportation and filed with
				  the request.
(e) On receipt of the
				  deposit, the department will issue the subpoena or commission. If the requestor
				  and witness sign an Agreement to Waive Fee, the department may issue the
				  subpoena or commission without a witness fee deposit.
(f) A party who is granted a subpoena is
				  responsible for having the subpoena served in accordance with Rule 176.5, Texas
				  Rules of Civil Procedure.
(g) A
				  properly issued subpoena remains in effect until the judge releases the witness
				  or grants a motion to quash or motion for protective order.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 1 - MANAGEMENT › Subchapter E - PROCEDURES IN CONTESTED CASE › Section 1.34 - Form of Subpoena or Commission to Take Deposition

Current through Reg. 49, No. 28; July 12, 2024
The heading of the subpoena or commission must be "The
					 Texas Department of Transportation." It must state the style of the case, that
					 the case is pending before SOAH, the time and place at which the witness is
					 required to appear, the party at whose insistence the witness is summoned, and
					 the date of its issuance. It must be signed by the executive director, the
					 department's general counsel, or an attorney in the department's office of
					 general counsel. It must be addressed to any sheriff or constable of the State
					 of Texas or other person authorized to serve subpoenas or commissions as
					 provided in Rule 176.5, Texas Rules of Civil Procedure.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 1 - MANAGEMENT › Subchapter E - PROCEDURES IN CONTESTED CASE › Section 1.35 - Witness Fees

Current through Reg. 49, No. 28; July 12, 2024
(a) A person who is
				  not a party and is compelled to attend any hearing or proceeding or to produce
				  books, records, papers, or other objects is entitled to receive reimbursement
				  of expenses as provided in the APA. A witness or deponent who is a department
				  employee may receive reimbursement for expenses only to the extent allowed by
				  applicable law and commission policy.
(b) The party at whose request a witness
				  appears or a deposition is taken shall pay the expenses to which the witness or
				  deponent is entitled under this section, on presentation of proper vouchers
				  sworn by the witness or deponent and approved by the judge. On the party's
				  payment of those expenses, the department will return to the party the
				  certified check filed with the request for subpoena or commission under §
										1.33
				  of this subchapter (relating to Issuance of Subpoena or Commission to Take
				  Deposition).
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 1 - MANAGEMENT › Subchapter E - PROCEDURES IN CONTESTED CASE › Section 1.36 - Proposal for Decision; Filing of Exceptions and Replies

Current through Reg. 49, No. 28; July 12, 2024
(a) Proposal for decision. For contested
				  cases in which the judge does not have authority to issue a final decision, the
				  judge shall prepare a proposal for decision.
(b) Submission of the proposal for decision.
				  The judge shall submit the proposal for decision to the executive director and
				  furnish a copy to each party.
(c)
				  Exceptions and replies. A party may submit to the judge an exception to the
				  proposal for decision or a reply to an exception. The party must file a copy of
				  the exception to the proposal for decision or the reply with the executive
				  director, regardless of whether the final order in the case is to be issued by
				  the executive director or the commission.
(1)
				  To be effective:
(A) an exception must be
				  submitted to the judge and filed with the executive director within 15 days
				  after the date that the party receives service of the proposal for decision;
				  and
(B) a reply to an exception
				  must be submitted to the judge and filed with the executive director within 15
				  days of the date on which the exception is filed.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 1 - MANAGEMENT › Subchapter E - PROCEDURES IN CONTESTED CASE › Section 1.37 - Notification of Decision

Current through Reg. 49, No. 28; July 12, 2024
(a) The commission
				  or the executive director, as specified by statute or department rule, will
				  issue the decision in a contested case.
(b) After the decision is issued under
				  subsection (a) of this section, the executive director will send a copy of the
				  decision to each party or the party's authorized representative in the manner
				  required by the APA.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 1 - MANAGEMENT › Subchapter E - PROCEDURES IN CONTESTED CASE › Section 1.38 - Motions for Rehearing

Current through Reg. 49, No. 28; July 12, 2024
(a) Filing
				  motion. A party must file a motion for rehearing with the executive director
				  within the period provided by the APA for such a filing. In addition to
				  information required by the APA, the motion must contain:
(1) the name and representative capacity of
				  the person filing the motion;
(2)
				  the style and official docket number assigned by SOAH, and a department
				  reference number, if applicable;
(3) the date of the decision or order;
				  and
(4) a concise statement of each
				  alleged error.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 1 - MANAGEMENT › Subchapter F - ADVISORY COMMITTEES › Section 1.80 - Scope and Purpose

Current through Reg. 49, No. 28; July 12, 2024
This subchapter prescribes the uniform procedures governing
					 the operation of committees created to advise the Texas Transportation
					 Commission or Texas Department of Transportation.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 1 - MANAGEMENT › Subchapter F - ADVISORY COMMITTEES › Section 1.81 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this
					 subchapter, shall have the following meanings, unless the context clearly
					 indicates otherwise.
(1)
				  Commission--The Texas Transportation Commission.
(2) Department--The Texas Department of
				  Transportation.
(3) Department
				  advisory committee--Any committee created by the department or the commission
				  for the purpose of providing advice or recommendations in a purely advisory
				  manner regarding certain matters within the jurisdiction of the department or
				  the commission.
(4) District
				  engineer--The chief administrative officer in charge of a district of the
				  department.
(5) Executive
				  director--The chief executive officer of the Texas Department of
				  Transportation.
(6) Statutory
				  advisory committee--A committee expressly created by statute for the purpose of
				  providing advice or recommendations in a purely advisory manner regarding
				  certain matters within the jurisdiction of the commission.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 1 - MANAGEMENT › Subchapter F - ADVISORY COMMITTEES › Section 1.82 - Statutory Advisory Committee Operations and Procedures

Current through Reg. 49, No. 28; July 12, 2024
(a) Applicability. This section applies to
				  statutory advisory committees and governs the operation of statutory advisory
				  committees unless it is superseded by a specific provision in §
										1.84
				  of this subchapter (relating to Statutory Advisory Committees).
(b) Election of officers and terms of
				  members.
(1) Unless otherwise specified with
				  regard to a particular committee, each committee shall elect a chair and
				  vice-chair by majority vote of the members of the committee. The chair and
				  vice-chair shall each be elected for a term of not less than one year and not
				  more than two years. Once elected, the chair and vice-chair may stand for
				  reelection, without limit on the number of consecutive terms.
(2) Members shall serve on an advisory
				  committee until new members are appointed.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 1 - MANAGEMENT › Subchapter F - ADVISORY COMMITTEES › Section 1.83 - Rulemaking

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. This section governs the role of
				  a statutory advisory committee in the adoption of new or amended rules pursuant
				  to the Administrative Procedure Act, Government Code, Chapter 2001.
(b) Preliminary notification. When the
				  department determines that it is necessary or desirable for the commission to
				  adopt new or amended rules, the department will:
(1) notify the members of the relevant
				  advisory committee, if any, of the nature of the rulemaking, including the
				  reasons for the rules and the general subjects to be covered; and
(2) take into consideration any written
				  responses received from committee members prior to completing the final draft
				  of the proposed rules.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 1 - MANAGEMENT › Subchapter F - ADVISORY COMMITTEES › Section 1.84 - Statutory Advisory Committees

Current through Reg. 49, No. 28; July 12, 2024
(a) Aviation
				  Advisory Committee.
(1) Purpose. Created
				  pursuant to Transportation Code, §
											21.003, the
				  Aviation Advisory Committee provides a direct link for general aviation users'
				  input into the Texas Airport System. The committee provides a forum for
				  exchange of information concerning the users' view of the needs and
				  requirements for the economic development of the aviation system. The members
				  of the committee are an avenue for interested parties to utilize to voice their
				  concerns and have that data conveyed for action for system improvement.
				  Additionally, committee members are representatives of the department and its
				  Aviation Division, able to furnish data on resources available to the Texas
				  aviation users.
(2) Membership. The
				  commission will appoint nine members to staggered terms of three years with
				  three members' terms expiring August 31 of each year. A majority of the members
				  of the committee must have five years of successful experience as an aircraft
				  pilot, an aircraft facilities manager, or a fixed-base operator. A member may
				  not serve more than three consecutive terms on the committee.
(3) Duties. The committee shall:
(A) periodically review the adopted capital
				  improvement program;
(B) advise the
				  commission on the preparation and adoption of an aviation facilities
				  development program;
(C) advise the
				  commission on the establishment and maintenance of a method for determining
				  priorities among locations and projects to receive state financial assistance
				  for aviation facility development;
(D) advise the commission on the preparation
				  and update of a multi-year aviation facilities capital improvement program;
				  and
(E) perform other duties as
				  determined by order of the commission.
(4) Meetings. The committee shall meet once a
				  calendar year and such other times as requested by the Aviation Division
				  Director.
(5) Rulemaking. Section
				  1.83 of this subchapter (relating
				  to Rulemaking) does not apply to the Aviation Advisory Committee.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 1 - MANAGEMENT › Subchapter F - ADVISORY COMMITTEES › Section 1.85 - Department Advisory Committees

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Creation.
(1) Project advisory committees.
(A) Purpose. The executive director may
				  authorize a district engineer to create, by written order, an ad hoc project
				  advisory committee composed of the following members as may be deemed
				  appropriate by the district engineer: department staff; affected property
				  owners and business establishments; technical experts; professional consultants
				  representing the department; and representatives of local governmental
				  entities, the general public, chambers of commerce, and the environmental
				  community. A project advisory committee shall serve the purpose of
				  facilitating, evaluating, and achieving support and consensus from the affected
				  community and governmental entities in the initial stages of a transportation
				  project. Advice and recommendations of a committee provide the department with
				  an enhanced understanding of public, business, and private concerns about a
				  project from the development phase through the implementation phase, thus
				  facilitating the department's communications and traffic management objectives,
				  resulting in a greater cooperation between the department and all affected
				  parties during project development and construction.
(B) Duties. A project advisory committee
				  shall:
(i) maintain community and local
				  government communication; and
(ii)
				  respond in a timely fashion to affected parties' concerns about project
				  development and construction.
(C) Manner of reporting. A project advisory
				  committee shall report its advice and recommendations to the district
				  engineer.
(D) Duration. A project
				  advisory committee may be abolished at any stage of project development, but in
				  no event may a committee continue beyond completion of the project.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 1 - MANAGEMENT › Subchapter F - ADVISORY COMMITTEES › Section 1.86 - Corridor Advisory Committees

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Purpose. The commission by order may create an advisory committee for any other
				  corridor. The purpose of an advisory committee is to facilitate and achieve
				  support and consensus from affected communities, governmental entities, and
				  other interested parties in the planning of transportation improvements in the
				  corridor for which it is created and in the establishment of development plans
				  for that corridor. An advisory committee's advice and recommendations will
				  provide the department with an enhanced understanding of public, business, and
				  private concerns about the corridor for which it is created, facilitating the
				  department's communications and project development objectives and resulting in
				  greater cooperation between the department and all affected parties during
				  project planning and development.
(b) Membership. An advisory committee may be
				  composed of members of the following groups as deemed appropriate by the
				  commission: affected property owners and owners of business establishments;
				  technical experts; representatives of local governmental entities; members of
				  the general public; economic development officials; chambers of commerce
				  officials; members of the environmental community; department staff; and
				  professional consultants representing the department.
(c) Duties. An advisory committee shall
				  report to the executive director its advice and recommendations on
				  transportation improvements to be made in the corridor for which it is created,
				  including facilities to be included in a development plan for that corridor and
				  upgrades and other improvements to be made to existing facilities located in
				  that corridor, and on other corridor level planning and development matters as
				  requested by the department. The corridor advisory committee may also provide
				  information to, coordinate with, or request information relating to the
				  planning and development of a segment of the corridor from a corridor segment
				  advisory committee established under §
										1.87
				  of this subchapter (relating to Corridor Segment Advisory Committees). In
				  developing advice and recommendations, an advisory committee will evaluate
				  economic, political, societal, and demographic population trends affecting
				  transportation, and will consider existing facilities, upgrades to existing
				  facilities, new or planned facilities, multimodal solutions, and available
				  financing options.
(d) Additional
				  requirements. An advisory committee is subject to the requirements for
				  operating procedures and reimbursement of expenses applicable to a department
				  advisory committee under §
										1.85
				  of this subchapter (relating to Department Advisory Committees).
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 1 - MANAGEMENT › Subchapter F - ADVISORY COMMITTEES › Section 1.87 - Corridor Segment Advisory Committees

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Purpose. The commission by order may create a corridor segment advisory
				  committee to assist the department in the transportation planning process for
				  any highway corridor. The purpose of an advisory committee is to facilitate and
				  achieve support and consensus from affected communities, governmental entities,
				  and other interested parties in the planning of transportation improvements in
				  the segment of a corridor for which it is created and in the establishment of
				  development plans for that segment. An advisory committee's advice and
				  recommendations will provide the department with an enhanced understanding of
				  public, business, and private concerns about the segment for which it is
				  created, facilitating the department's communications and project development
				  objectives and resulting in greater cooperation between the department and all
				  affected parties during project planning and development.
(b) Membership. A corridor segment advisory
				  committee may consist of the following members:
(1) one member appointed by the county judge
				  of each county in which the proposed segment may be located, representing the
				  general public within the county;
(2) one member appointed by each metropolitan
				  planning organization within whose boundaries all or part of the proposed
				  segment may be located, representing the general public within the metropolitan
				  planning organization;
(3)
				  additional members representing the general public within cities designated by
				  the commission, in which all or part of a proposed segment may be located, each
				  of whom will be appointed by the mayor of a designated city; and
(4) additional members, each of whom:
(A) will represent, and be appointed by the
				  governing body of, a port, chamber of commerce, economic development council or
				  corporation, or other organization that has an interest in transportation,
				  within whose service area all or part of a proposed segment may be located and
				  that is designated by the commission to appoint a member of the committee;
				  or
(B) is an individual who resides
				  or has a business in the area in which the segment may be located, has an
				  interest in transportation, and is appointed to the committee by the
				  commission.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 1 - MANAGEMENT › Subchapter F - ADVISORY COMMITTEES › Section 1.88 - Duration of Advisory Committees

Current through Reg. 49, No. 28; July 12, 2024
(a) Except
				  as provided by this section, each statutory advisory committee or department
				  advisory committee is abolished on December 31, 2023.
(b) The following advisory committees are
				  abolished on December 31, 2025:
(1) a
				  statutory or department advisory committee created after December 31,
				  2023;
(2) the Aviation Advisory
				  Committee;
(3) the Public
				  Transportation Advisory Committee;
(4) the Port Authority Advisory
				  Committee;
(5) the Bicycle and
				  Pedestrian Advisory Committee;
(6)
				  the Freight Advisory Committee; and
(7) the Commission for High-Speed Rail in the
				  Dallas/Fort Worth Region.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 1 - MANAGEMENT › Subchapter G - ALTERNATIVE DISPUTE RESOLUTION › Section 1.101 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this
					 subchapter, have the following meanings, unless the context clearly indicates
					 otherwise.
(1) Commission--The Texas
				  Transportation Commission.
(2)
				  Department--The Texas Department of Transportation.
(3) Executive director--The executive
				  director of the Texas Department of Transportation.