reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 60 - PROCEDURAL RULES OF THE COMMISSION AND THE DEPARTMENT › Subchapter E - EXAMINATIONS › Section 60.53 - Access to Examinations

Current through Reg. 49, No. 28; July 12, 2024
(a) Reasonable
				  accommodation for examinations will be made available as required by the
				  Americans with Disabilities Act of 1990,
				  Public Law
				  101-336.
(b) Upon request, examinations may be offered
				  in a foreign language at the expense of the requestor.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 60 - PROCEDURAL RULES OF THE COMMISSION AND THE DEPARTMENT › Subchapter E - EXAMINATIONS › Section 60.54 - Examination Results

Current through Reg. 49, No. 28; July 12, 2024
(a) Examination
				  results are valid for one year from the date of the examination, unless stated
				  otherwise in specific program statutes or rules.
(b) An applicant who fails to meet the time
				  period prescribed by subsection (a) must reapply to retake the
				  examination.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 60 - PROCEDURAL RULES OF THE COMMISSION AND THE DEPARTMENT › Subchapter F - FEES › Section 60.80 - Program Fees

Current through Reg. 49, No. 28; July 12, 2024
(a) Most program
				  fees set by the commission are published in the rule chapters for the specific
				  programs regulated by the commission and the department. These program fees may
				  include fees for initial applications, renewals, duplicate licenses,
				  examinations, and any other fees specific to a particular program.
(b) All program fees are non-refundable
				  unless determined or stated otherwise.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 60 - PROCEDURAL RULES OF THE COMMISSION AND THE DEPARTMENT › Subchapter F - FEES › Section 60.81 - Charges for Providing Copies of Public Information

Current through Reg. 49, No. 28; July 12, 2024
In accordance with Texas Government Code §
										552.262, the
					 commission adopts by reference the rules of the Office of the Attorney General
					 as published in 1 TAC Part 3, Chapter 70, §§70.1 - 70.13 for
					 determining charges for copies of public information under Texas Government
					 Code, Chapter 552, Subchapter F.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 60 - PROCEDURAL RULES OF THE COMMISSION AND THE DEPARTMENT › Subchapter F - FEES › Section 60.82 - Dishonored Payment Fee

Current through Reg. 49, No. 28; July 12, 2024
(a) This section
				  applies to any authorized form or method of payment that is issued to the
				  department by an applicant, a license holder, or other person for payment of
				  any required fees or administrative penalties and that is dishonored.
(1) An authorized form or method of payment
				  may include, but is not limited to, a check, credit card, item, paper or
				  electronic payment, electronic funds transfer, or other payment
				  instrument.
(2) A dishonored
				  payment means a payment that is declined or not approved for payment upon
				  presentment to a financial institution.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 60 - PROCEDURAL RULES OF THE COMMISSION AND THE DEPARTMENT › Subchapter F - FEES › Section 60.83 - Late Renewal Fees

Current through Reg. 49, No. 28; July 12, 2024
(a) A person whose
				  license has been expired for 90 days or less may renew the license by paying a
				  late renewal fee equal to 1 and 1/2 times the renewal fee required for the
				  license as prescribed in the program rules.
(b) A person whose license has been expired
				  for more than 90 days but less than 18 months may renew the license by paying a
				  late renewal fee equal to two times the renewal fee required for the license as
				  prescribed in the program rules.
(c) A person whose license has been expired
				  for more than 18 months but less than three years may request that the
				  executive director approve the license renewal by:
(1) submitting information sufficient to
				  explain the need for the late renewal; and
(2) paying to the department a renewal fee
				  equal to two times the renewal fee required for the license as prescribed in
				  the program rules.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 60 - PROCEDURAL RULES OF THE COMMISSION AND THE DEPARTMENT › Subchapter G - RULEMAKING › Section 60.100 - Rulemaking

Current through Reg. 49, No. 28; July 12, 2024
The commission and the department will follow the
					 rulemaking procedures established in the Administrative Procedure Act (Texas
					 Government Code, Chapter 2001), except when §
										60.101 of this subchapter is
					 applicable.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 60 - PROCEDURAL RULES OF THE COMMISSION AND THE DEPARTMENT › Subchapter G - RULEMAKING › Section 60.101 - Negotiated Rulemaking

Current through Reg. 49, No. 28; July 12, 2024
(a) Pursuant to
				  Texas Occupations Code §
										51.208, it is the
				  commission's policy to engage in negotiated rulemaking procedures under Texas
				  Government Code, Chapter 2008, when appropriate. When the commission finds that
				  proposed rules are likely to be complex, or controversial, or to affect
				  disparate groups, negotiated rulemaking may be proposed.
(b) When negotiated rulemaking is proposed,
				  the commission will appoint a convener to assist in determining whether it is
				  advisable to proceed. The convener shall perform the duties and
				  responsibilities contained in Texas Government Code, Chapter 2008.
(c) If the convener recommends proceeding
				  with negotiated rulemaking and the commission adopts the recommendation, the
				  department shall initiate negotiated rulemaking according to the provisions of
				  Texas Government Code, Chapter 2008.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 60 - PROCEDURAL RULES OF THE COMMISSION AND THE DEPARTMENT › Subchapter G - RULEMAKING › Section 60.102 - Petition for Adoption of Rules

Current through Reg. 49, No. 28; July 12, 2024
(a) In accordance
				  with Texas Government Code §
										2001.021, any
				  interested person may request that a rule be adopted, amended, or repealed by
				  submitting a written petition for rulemaking to the department (rulemaking
				  petition).
(b) An interested
				  person, as defined by Texas Government Code §
										2001.021, must be:
(1) a resident of this state;
(2) a business entity located in this
				  state;
(3) a governmental
				  subdivision located in this state; or
(4) a public or private organization located
				  in this state that is not a state agency.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 60 - PROCEDURAL RULES OF THE COMMISSION AND THE DEPARTMENT › Subchapter H - COMPLAINT HANDLING › Section 60.200 - Notice to the Public Regarding Complaints

Current through Reg. 49, No. 28; July 12, 2024
(a) A license
				  holder is required to notify consumers and service recipients of the
				  department's name, mailing address, telephone number, and website address for
				  purposes of directing complaints to the department.
(b) Unless prescribed otherwise in the
				  statutes or rules governing a specific program regulated by the commission and
				  the department, the notification required under subsection (a) shall be
				  included on:
(1) a written contract (paper or
				  electronic) for services of a license holder;
(2) a sign prominently displayed in the
				  license holder's place of business if consumers or service recipients must
				  visit the license holder's place of business for services or products;
				  and
(3) a bill (paper or
				  electronic) for services provided by a license holder.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 60 - PROCEDURAL RULES OF THE COMMISSION AND THE DEPARTMENT › Subchapter H - COMPLAINT HANDLING › Section 60.201 - Filing a Complaint

Current through Reg. 49, No. 28; July 12, 2024
(a) A complaint
				  against a person who is engaged in an activity or business regulated by the
				  department may be submitted in a form and manner prescribed by the department.
				  A person filing a complaint is encouraged to file the complaint online on the
				  department's website.
(b) A
				  complaint must be filed within two years of the event giving rise to the
				  complaint. Complaints filed after the two-year period may be investigated at
				  the discretion of the director of enforcement.
(c) Pursuant to Texas Occupations Code §
										51.252, the
				  department may accept a complaint that lacks sufficient information to identify
				  the source or the name of the person who filed the complaint; however, the
				  department is not required to investigate these anonymous complaints. The
				  department may investigate anonymous complaints at its discretion.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 60 - PROCEDURAL RULES OF THE COMMISSION AND THE DEPARTMENT › Subchapter H - COMPLAINT HANDLING › Section 60.202 - Investigation and Priority of Complaints

Current through Reg. 49, No. 28; July 12, 2024
(a) The department
				  shall maintain a system to promptly and efficiently act on complaints filed
				  with the department as provided by Texas Occupations Code §
										51.252.
(b) The department shall assign priorities
				  and investigate complaints based on risk to the public of the conduct alleged
				  in the complaint as provided by Texas Occupations Code §
										51.2521.
(c) If the department determines at any time
				  that an allegation made or formal complaint submitted by a person is
				  inappropriate or without merit, the department shall dismiss the
				  complaint.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 60 - PROCEDURAL RULES OF THE COMMISSION AND THE DEPARTMENT › Subchapter H - COMPLAINT HANDLING › Section 60.203 - Cooperation with Investigation of Complaints

Current through Reg. 49, No. 28; July 12, 2024
(a) A license
				  holder or other person must cooperate in an investigation of a complaint
				  conducted by a department employee or designated representative of the
				  department (designated representative).
(b) A license holder or other person must
				  make available to the department employee or designated representative all
				  records, notices, and other documents requested by the department employee or
				  designated representative.
(c) A
				  license holder or other person is prohibited from:
(1) avoiding, refusing to permit, or failing
				  to cooperate in an investigation conducted by a department employee or
				  designated representative;
(2)
				  interfering with an investigation conducted by a department employee or
				  designated representative; or
(3)
				  threatening or intimidating a department employee or designated representative
				  in connection with an investigation.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 60 - PROCEDURAL RULES OF THE COMMISSION AND THE DEPARTMENT › Subchapter H - COMPLAINT HANDLING › Section 60.204 - Status and Confidentiality of Complaints

Current through Reg. 49, No. 28; July 12, 2024
(a) The department
				  shall periodically notify the complaint parties of the status of the complaint
				  until final disposition unless the notice would jeopardize an
				  investigation.
(b) The department
				  shall maintain the confidentiality of complaint and disciplinary information as
				  provided by Texas Occupations Code §
										51.254, any specific
				  program statute, or other applicable law.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 60 - PROCEDURAL RULES OF THE COMMISSION AND THE DEPARTMENT › Subchapter H - COMPLAINT HANDLING › Section 60.220 - Conducting Inspections

Current through Reg. 49, No. 28; July 12, 2024
The department shall conduct inspections as provided by
					 Texas Occupations Code §
										51.211 and §
										51.351, this
					 chapter, and the statutes and rules applicable to the programs regulated by the
					 commission and the department.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 60 - PROCEDURAL RULES OF THE COMMISSION AND THE DEPARTMENT › Subchapter H - COMPLAINT HANDLING › Section 60.221 - Inspection Procedures

Current through Reg. 49, No. 28; July 12, 2024
(a) This section
				  applies to any inspection the department is authorized to conduct pursuant to
				  law.
(b) The department may conduct
				  inspections with or without advance notice to ensure compliance with statute or
				  rule, or as a result of a complaint.
(c) Inspections will be conducted during the
				  normal operating hours of the location being inspected.
(d) Upon completion of an inspection, the
				  license holder, applicant, or representative will be provided with the results
				  of the inspection in writing. For inspections where violations are identified,
				  the inspection report will list those violations and indicate, if applicable,
				  any corrective actions required.
(e) When corrective actions are required, the
				  inspector will provide the license holder, applicant, or representative a list
				  of any required corrective actions and a time period for completing each
				  corrective action. The license holder or applicant must complete all corrective
				  actions and provide verification, in a manner prescribed by the department,
				  within the specified time period. The department may grant an extension of time
				  at its discretion.
(f) The
				  department may assess administrative penalties, administrative sanctions, or
				  both against a license holder or applicant who fails to complete any required
				  corrective actions, or fails to verify completion of any required corrective
				  actions, within the time period specified by the department.
(g) The department may use alternative
				  inspection methods, including the use of videoconference technology or other
				  methods, instead of conducting an in-person inspection.
(h) If any provision of this section
				  conflicts with the statutes or rules regarding department inspections for a
				  specific program, the program statute or rule will prevail over this
				  section.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 60 - PROCEDURAL RULES OF THE COMMISSION AND THE DEPARTMENT › Subchapter H - COMPLAINT HANDLING › Section 60.222 - Cooperation with Inspections

Current through Reg. 49, No. 28; July 12, 2024
(a) A license
				  holder, applicant, or other person must cooperate in the performance of an
				  inspection conducted by an inspector authorized by the commission or the
				  department (authorized inspector).
(b) A license holder, applicant, or other
				  person must make available to the authorized inspector all records, notices,
				  and other documents requested by the authorized inspector.
(c) A license holder, applicant, or other
				  person is prohibited from:
(1) avoiding,
				  refusing to permit, or failing to cooperate in an inspection conducted by an
				  authorized inspector;
(2)
				  interfering with an inspection conducted by an authorized inspector; or
(3) threatening or intimidating an
				  authorized inspector or other representative of the commission or the
				  department in connection with an inspection.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 60 - PROCEDURAL RULES OF THE COMMISSION AND THE DEPARTMENT › Subchapter I - CONTESTED CASES › Section 60.300 - Purpose and Scope

Current through Reg. 49, No. 28; July 12, 2024
(a) Unless
				  otherwise provided by Texas Occupations Code, Chapter 51; by the Administrative
				  Procedure Act (APA), Texas Government Code, Chapter 2001; by the rules of the
				  State Office of Administrative Hearings (SOAH), 1 TAC Chapter 155; by other
				  law; or by the provisions of this chapter, this subchapter governs the
				  institution, conduct, and determination of all contested cases under the
				  APA.
(b) SOAH acquires jurisdiction
				  over a contested case at certain stages of the adjudicative matter, as
				  prescribed under the APA. SOAH's rules of procedure, 1 TAC Chapter 155, govern
				  during the period when SOAH has jurisdiction over the contested case.
(c) In the case of a conflict between SOAH's
				  rules of procedure and the rules in this subchapter, SOAH's rules of procedure
				  control for the time period starting after the Request to Docket Case form has
				  been filed and concluding after the final amendments or corrections to the
				  proposal for decision have been filed.
(d) The rules in this subchapter shall not be
				  construed so as to enlarge, diminish, modify, or otherwise alter the
				  jurisdiction, powers, or authority of the commission, the executive director,
				  or the substantive rights of any person or agency.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 60 - PROCEDURAL RULES OF THE COMMISSION AND THE DEPARTMENT › Subchapter I - CONTESTED CASES › Section 60.301 - Notice of Alleged Violation; Notice of Continued License Restrictions

Current through Reg. 49, No. 28; July 12, 2024
(a) The department
				  shall send a written notice of alleged violation if the department:
(1) seeks an enforcement action against a
				  person for an alleged violation of the statutes and rules of the department or
				  its programs; or
(2) proposes to
				  revoke a person's license or deny a license renewal application based on
				  criminal history.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 60 - PROCEDURAL RULES OF THE COMMISSION AND THE DEPARTMENT › Subchapter I - CONTESTED CASES › Section 60.302 - Notice of Proposed Denial

Current through Reg. 49, No. 28; July 12, 2024
(a) The department
				  shall send a written notice of proposed denial if the department proposes:
(1) to deny an initial license application;
				  or
(2) to deny a person an
				  opportunity to take an examination.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 60 - PROCEDURAL RULES OF THE COMMISSION AND THE DEPARTMENT › Subchapter I - CONTESTED CASES › Section 60.304 - Disposition by Agreement

Current through Reg. 49, No. 28; July 12, 2024
(a) Disposition by
				  agreement of any contested case may be made by stipulation, agreed settlement,
				  or consent order, unless precluded by law.
(b) The commission may designate its
				  presiding officer or the executive director to adopt or reject stipulations,
				  settlement agreements, or consent orders.
(c) Parties agreeing to disposition by
				  agreement shall prepare written stipulations, consent order, or settlement
				  agreement, containing proposed findings of fact and conclusions of law, which
				  shall be signed by all the agreeing parties and their designated
				  representatives.
(d) Upon receipt
				  of the written stipulations, consent order, or settlement agreement the
				  executive director or the commission may:
(1)
				  adopt the written stipulations, consent order, or settlement agreement and
				  issue a final order;
(2) reject the
				  written stipulations, consent order, or settlement agreement and remand the
				  contested case for a hearing before SOAH;
(3) reject the written stipulations, consent
				  order, or settlement agreement and order further investigation by the
				  department; or
(4) take such other
				  action as the executive director or the commission find just.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 60 - PROCEDURAL RULES OF THE COMMISSION AND THE DEPARTMENT › Subchapter I - CONTESTED CASES › Section 60.305 - Contested Case Hearings at SOAH

Current through Reg. 49, No. 28; July 12, 2024
(a) Contested case
				  hearings at SOAH are governed by Texas Government Code, Chapter 2001 and the
				  SOAH rules under 1 TAC Chapter 155.
(b) Every effort shall be made to conduct
				  administrative hearings in person in Austin, Texas, or virtually by telephone
				  or videoconference, to achieve the department's mission to ensure effective and
				  economical use of public resources while adhering to the provisions of 1 TAC
				  §
										155.403.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 60 - PROCEDURAL RULES OF THE COMMISSION AND THE DEPARTMENT › Subchapter I - CONTESTED CASES › Section 60.307 - Costs Associated with a Contested Case.

Current through Reg. 49, No. 28; July 12, 2024
(a) The costs
				  related to making a record of the SOAH contested case proceeding, including the
				  hearing record, transcripts, and court reporters, shall be determined according
				  to the rules in 1 TAC §
										155.423.
(b) Pursuant to Texas Government Code §
										2001.059, on the
				  written request by a party to a case, a written transcript of all or part of
				  the proceedings shall be prepared. The cost of the transcript is borne by the
				  requesting party. This subsection does not preclude the parties from agreeing
				  to share the costs associated with the preparation of a transcript.
(c) For all other costs associated with the
				  contested case, each party shall be responsible for its own costs, unless
				  otherwise determined by law or rules or agreed upon by the parties in
				  writing.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 60 - PROCEDURAL RULES OF THE COMMISSION AND THE DEPARTMENT › Subchapter I - CONTESTED CASES › Section 60.309 - Motion for Rehearing

Current through Reg. 49, No. 28; July 12, 2024
(a) A person may
				  submit a motion for rehearing to reconsider a decision of the commission in a
				  contested case or reconsider a default order entered by the executive
				  director.
(b) A motion for
				  rehearing must identify with particularity findings of fact or conclusions of
				  law that are the subject of the complaint and any evidentiary or legal ruling
				  claimed to be erroneous. The motion must also state the legal and factual basis
				  for the claimed error.
(c) A motion
				  for rehearing shall be filed and handled in accordance with Texas Government
				  Code, Chapter 2001, Subchapter F.
(d) The commission or the executive director
				  may rule on a motion for rehearing.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 60 - PROCEDURAL RULES OF THE COMMISSION AND THE DEPARTMENT › Subchapter I - CONTESTED CASES › Section 60.308 - Proposals for Decision

Current through Reg. 49, No. 28; July 12, 2024
(a) Proposed
				  decisions for contested cases issued by a SOAH ALJ shall be brought before the
				  commission for decision, in accordance with the APA.
(b) A party may only present the sworn
				  testimony and the information provided during the SOAH hearing or admitted into
				  the SOAH record, including filings of the parties, exceptions, dispositions,
				  and the responses. No new testimony, witnesses, or information shall be allowed
				  after SOAH submits the case to the commission for consideration.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 60 - PROCEDURAL RULES OF THE COMMISSION AND THE DEPARTMENT › Subchapter I - CONTESTED CASES › Section 60.310 - Final Orders

Current through Reg. 49, No. 28; July 12, 2024
(a) A decision or
				  order in a contested case shall be in writing and shall be signed by the
				  commission, the executive director, or both, as applicable.
(b) A decision or order in a contested case
				  is final in accordance with Texas Government Code §
										2001.144.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 60 - PROCEDURAL RULES OF THE COMMISSION AND THE DEPARTMENT › Subchapter I - CONTESTED CASES › Section 60.311 - Appeal of Final Order

Current through Reg. 49, No. 28; July 12, 2024
(a) An appeal of a
				  final decision or order in a contested case shall be filed and handled in
				  accordance with Texas Government Code, Chapter 2001, Subchapter G.
(b) A party who appeals a final decision or
				  order in a contested case must pay all costs for the preparation of the
				  original or a certified copy of the record of the agency proceeding that is
				  required to be transmitted to the reviewing court.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 60 - PROCEDURAL RULES OF THE COMMISSION AND THE DEPARTMENT › Subchapter I - CONTESTED CASES › Section 60.312 - Corrected Orders

Current through Reg. 49, No. 28; July 12, 2024
The executive director may enter a corrected order to
					 correct a clerical mistake in an order of the commission.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 60 - PROCEDURAL RULES OF THE COMMISSION AND THE DEPARTMENT › Subchapter J - MEDIATION FOR CONTESTED CASES › Section 60.400 - Alternative Dispute Resolution Procedures - Mediation

Current through Reg. 49, No. 28; July 12, 2024
(a) Pursuant to
				  Texas Occupations Code §
										51.208 and Texas
				  Government Code Chapter 2009, this subchapter establishes the alternative
				  dispute resolution (ADR) procedures for the voluntary settlement of contested
				  cases through the facilitation of an impartial third party. Mediation is the
				  ADR process used by the department.
(b) In addition to the procedures under
				  Subchapter I, the department may use mediation and the procedures under this
				  subchapter for resolving contested cases.
(c) The procedures in this subchapter are
				  consistent with Texas Government Code, Chapters 2001 and 2009; Texas Civil
				  Practice and Remedies Code, Chapter 154; and the model guidelines for the use
				  of ADR by state agencies developed by SOAH.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 60 - PROCEDURAL RULES OF THE COMMISSION AND THE DEPARTMENT › Subchapter J - MEDIATION FOR CONTESTED CASES › Section 60.401 - Referral of Contested Matter for Mediation

Current through Reg. 49, No. 28; July 12, 2024
The department's director of enforcement, on behalf of the
					 department, may seek to resolve a contested matter through mediation involving
					 all parties, and if so, shall refer the matter for mediation in accordance with
					 this subchapter.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 60 - PROCEDURAL RULES OF THE COMMISSION AND THE DEPARTMENT › Subchapter J - MEDIATION FOR CONTESTED CASES › Section 60.402 - Appointment of the Mediator; Mediation Costs

Current through Reg. 49, No. 28; July 12, 2024
(a) For each
				  contested matter referred for mediation, the ADR Administrator, as defined
				  under §60.10, shall either:
(1) preside
				  over the mediation proceeding as the mediator; or
(2) appoint one of the following individuals
				  to serve as the mediator:
(A) a department
				  employee;
(B) an employee from
				  another Texas state agency; or
(C)
				  a person in the mediation profession who is not a Texas state employee (private
				  mediator).
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 60 - PROCEDURAL RULES OF THE COMMISSION AND THE DEPARTMENT › Subchapter J - MEDIATION FOR CONTESTED CASES › Section 60.403 - Qualifications, Standards, and Role of the Mediator

Current through Reg. 49, No. 28; July 12, 2024
(a) A mediator must
				  have completed a minimum of 40 hours of Texas mediation training as prescribed
				  under Texas Civil Practices and Remedies Code §154.052.
(b) A mediator shall subscribe to the ethical
				  guidelines for mediators adopted by the ADR Section of the State Bar of
				  Texas.
(c) A mediator shall preside
				  over and facilitate the mediation of a contested matter. The mediator shall
				  encourage and assist the parties in reaching a settlement, but may not compel
				  or coerce the parties to enter into a settlement agreement. The mediator is not
				  a decision maker in the contested matter.
(d) Unless expressly authorized by the
				  disclosing party, the mediator may not disclose to either party information
				  given in confidence by the other. The mediator shall at all times maintain
				  confidentiality with respect to communications relating to the subject matter
				  of the dispute.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 60 - PROCEDURAL RULES OF THE COMMISSION AND THE DEPARTMENT › Subchapter J - MEDIATION FOR CONTESTED CASES › Section 60.404 - Disqualification of the Mediator.

Current through Reg. 49, No. 28; July 12, 2024
(a) If the mediator
				  is a SOAH ALJ, that person will not be permitted to sit as the ALJ for the case
				  if the contested matter goes to hearing.
(b) If the mediator is an employee of the
				  department and the dispute does not settle, that mediator will not have any
				  further contact or involvement concerning the contested matter.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 60 - PROCEDURAL RULES OF THE COMMISSION AND THE DEPARTMENT › Subchapter J - MEDIATION FOR CONTESTED CASES › Section 60.405 - Qualified Immunity of the Mediator

Current through Reg. 49, No. 28; July 12, 2024
The mediator shall have the qualified immunity prescribed
					 by the Texas Civil Practice and Remedies Code §
										154.055,
					 if applicable.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 60 - PROCEDURAL RULES OF THE COMMISSION AND THE DEPARTMENT › Subchapter J - MEDIATION FOR CONTESTED CASES › Section 60.406 - Commencement of Mediation

Current through Reg. 49, No. 28; July 12, 2024
(a) Mediation may
				  begin, at the discretion of the director of enforcement, any time after the
				  department anticipates initiation of an adverse action against a
				  person.
(b) The department may
				  issue a notice of mediation along with a notice of alleged violation, a notice
				  of continued license restrictions, or a notice of a proposed denial, as
				  described under Subchapter I.
(c)
				  Prior to the submission of a Request for Docket Case form to SOAH, and with
				  agreement of all parties, the ADR Administrator may schedule mediation upon any
				  party's request.
(d) After a
				  Request for Docket Case form has been submitted to SOAH, the contested case is
				  subject to SOAH's procedures under 1 TAC Chapter 155, and it is at the
				  discretion of the ALJ whether mediation may apply or may continue to apply to a
				  contested case.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 60 - PROCEDURAL RULES OF THE COMMISSION AND THE DEPARTMENT › Subchapter J - MEDIATION FOR CONTESTED CASES › Section 60.407 - Stipulations

Current through Reg. 49, No. 28; July 12, 2024
When mediation does not result in the full settlement of a
					 matter, the parties in conjunction with the mediator, may limit the contested
					 issues through the entry of written stipulations. Such stipulations shall be
					 forwarded or formally presented to the ALJ assigned to conduct the contested
					 case hearing on the merits and shall be made part of the hearing
					 record.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 60 - PROCEDURAL RULES OF THE COMMISSION AND THE DEPARTMENT › Subchapter J - MEDIATION FOR CONTESTED CASES › Section 60.408 - Agreements

Current through Reg. 49, No. 28; July 12, 2024
(a) All agreements
				  between or among parties that are reached as a result of mediation must be
				  committed to writing and the terms of the agreement will be incorporated in an
				  order that is subject to approval by the commission or the executive
				  director.
(b) A final written
				  agreement to which the department is a signatory that is reached as a result of
				  the mediation is subject to or excepted from required disclosure in accordance
				  with Texas Government Code, Chapter 552.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 60 - PROCEDURAL RULES OF THE COMMISSION AND THE DEPARTMENT › Subchapter J - MEDIATION FOR CONTESTED CASES › Section 60.409 - Confidentiality

Current through Reg. 49, No. 28; July 12, 2024
(a) Except as
				  provided in subsections (c) and (d), a communication relating to the subject
				  matter made by a participant in mediation, whether before or after the
				  institution of formal mediation proceedings, is confidential, is not subject to
				  disclosure, and may not be used as evidence against the participant in any
				  separate legal proceeding.
(b) Any
				  notes or records made regarding a mediation are confidential, and participants,
				  including the mediator, may not be required to testify in any separate legal
				  proceeding relating to or arising out of the matter in dispute or be subject to
				  process requiring disclosure of confidential information or data relating to or
				  arising out of the matter in dispute.
(c) An oral communication or written material
				  used in or made a part of a mediation process is admissible or discoverable
				  only if it is admissible or discoverable independent of the
				  mediation.
(d) If this section
				  conflicts with other legal requirements for disclosure of communications or
				  materials in a separate legal proceeding, the issue of confidentiality may be
				  presented to the judge in that proceeding to determine, in camera, whether the
				  facts, circumstances, and context of the communications or materials sought to
				  be disclosed warrant a protective order or whether the communications or
				  materials are subject to disclosure.
(e) All communications in the mediation
				  between parties and between each party and the mediator are confidential. No
				  shared information will be given to the other party unless the party sharing
				  the information explicitly gives the mediator permission to do so. Material
				  provided to the mediator will not be provided to other parties and will not be
				  filed or become part of the contested case record. All notes taken during the
				  mediation conference will be destroyed at the end of the process.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 60 - PROCEDURAL RULES OF THE COMMISSION AND THE DEPARTMENT › Subchapter K - LICENSING PROVISIONS RELATED TO MILITARY SERVICE MEMBERS, MILITARY VETERANS, AND MILITARY SPOUSES › Section 60.500 - Military Subchapter

Current through Reg. 49, No. 28; July 12, 2024
This subchapter implements the provisions related to
					 military service members, military veterans, and military spouses under Texas
					 Occupations Code, Chapters 51 and 55 and other statutes applicable to specific
					 programs regulated by the commission and the department, and the license
					 portability provisions of the federal Service members' Civil Relief Act found
					 at 50 U.S.C. §
											4025a.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 60 - PROCEDURAL RULES OF THE COMMISSION AND THE DEPARTMENT › Subchapter K - LICENSING PROVISIONS RELATED TO MILITARY SERVICE MEMBERS, MILITARY VETERANS, AND MILITARY SPOUSES › Section 60.501 - Military Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this
					 subchapter, have the following meanings.
(1) Active duty--Current full-time military
				  service in the armed forces of the United States or active duty military
				  service as a member of the Texas military forces, as defined by §
										437.001, Government
				  Code, or similar military service of another state. The term does not include
				  service performed exclusively for training, such as basic combat training,
				  advanced individual training, annual training, inactive duty training, and
				  special training periodically made available to service members. The term
				  includes any period during which a person is absent from duty on account of
				  sickness, wounds, leave, or other lawful cause.
(2) Apprenticeship or apprenticeship
				  program--This term has the same meaning as defined by statute or rule for a
				  specific license.
(3) Armed forces
				  of the United States--The Army, Navy, Air Force, Space Force, Coast Guard, or
				  Marine Corps of the United States or a reserve unit of one of those branches of
				  the armed forces.
(4) Military
				  service member (service member)--A person who is on active duty.
(5) Military spouse (spouse)--A person who is
				  married to a military service member.
(6) Military veteran (veteran)--A person who
				  has served on active duty and who was discharged or released from active
				  duty.
(7) Reserve unit of the armed
				  forces of the United States--The Army National Guard of the United States, the
				  Air National Guard of the United States, the Army Reserve, the Navy Reserve,
				  the Air Force Reserve, the Coast Guard Reserve, and the Marine Corps
				  Reserve.
(8) Similar military
				  service of another state--The state Army National Guard, state Air National
				  Guard, or state guard.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 60 - PROCEDURAL RULES OF THE COMMISSION AND THE DEPARTMENT › Subchapter K - LICENSING PROVISIONS RELATED TO MILITARY SERVICE MEMBERS, MILITARY VETERANS, AND MILITARY SPOUSES › Section 60.502 - Determining the Amount of Military Experience, Service, Training, or Education

Current through Reg. 49, No. 28; July 12, 2024
(a) The amount of military experience,
				  service, training or education, which an applicant submits for purposes of
				  meeting the licensing requirements of a specific license, will be determined in
				  accordance with §60.35.
(b) An
				  applicant will receive credit for time incurred in training or in performing
				  the specific work, duties, or functions that are applicable for a specific
				  license. The amount of time credited may be limited to a maximum amount of time
				  (hours, months or years) as specified by statute or rule for a specific license
				  or may be less than the total amount of time (hours, months or years) the
				  applicant has served in the military.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 60 - PROCEDURAL RULES OF THE COMMISSION AND THE DEPARTMENT › Subchapter K - LICENSING PROVISIONS RELATED TO MILITARY SERVICE MEMBERS, MILITARY VETERANS, AND MILITARY SPOUSES › Section 60.503 - Exemption from Late Renewal Fees

Current through Reg. 49, No. 28; July 12, 2024
Pursuant to Texas Occupations Code §
										55.002, an
					 individual who provides the department with satisfactory documentation that the
					 individual was serving as a service member during a license renewal period may
					 renew that license by paying the renewal fee and is exempt from paying a late
					 renewal fee.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 60 - PROCEDURAL RULES OF THE COMMISSION AND THE DEPARTMENT › Subchapter K - LICENSING PROVISIONS RELATED TO MILITARY SERVICE MEMBERS, MILITARY VETERANS, AND MILITARY SPOUSES › Section 60.504 - Extension of Certain Deadlines

Current through Reg. 49, No. 28; July 12, 2024
Pursuant to Texas Occupations Code, §
										55.003, a service
					 member whose license expired while on active duty is entitled to two years of
					 additional time from the date of discharge to complete:
(1) any continuing education requirements;
				  and
(2) any other requirement
				  related to the renewal of the service member's license.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 60 - PROCEDURAL RULES OF THE COMMISSION AND THE DEPARTMENT › Subchapter K - LICENSING PROVISIONS RELATED TO MILITARY SERVICE MEMBERS, MILITARY VETERANS, AND MILITARY SPOUSES › Section 60.510 - License Requirements for Applicants with Military Experience, Service, Training, or Education

Current through Reg. 49, No. 28; July 12, 2024
(a) This section
				  implements Texas Occupations Code §§
										51.4013,
				  55.007,
				  55.008,
				  55.009, and
				  1305.1645(a).
(b) This section applies to a military
				  service member and a military veteran as defined under §60.501.
(c) An applicant under this section will be
				  eligible to receive credit for verified military experience, service, training,
				  or education in meeting the licensing requirements, other than an examination
				  requirement, for a specific license issued by the department.
(d) If an apprenticeship is required for a
				  license issued by the department, the department will credit verified military
				  experience, service, training, or education that is relevant to the occupation
				  toward the apprenticeship requirements for the license.
(e) An applicant who seeks to receive credit
				  for verified military experience, service, training, or education must submit
				  the following documentation:
(1) completed
				  license application and any supporting documents associated with the specific
				  department license; and
(2)
				  completed Military Service Member, Military Veteran, or Military Spouse
				  Supplemental Application and supporting documents including;
(A) copy of the military orders or documents
				  showing proof of active duty status (for service members);
(B) copy of the military orders or documents
				  showing proof of veteran status (for veterans); and
(C) copy of the military orders or documents
				  showing the type and amount of related military experience, service, training,
				  or education applicable to a specific license.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 60 - PROCEDURAL RULES OF THE COMMISSION AND THE DEPARTMENT › Subchapter K - LICENSING PROVISIONS RELATED TO MILITARY SERVICE MEMBERS, MILITARY VETERANS, AND MILITARY SPOUSES › Section 60.512 - Expedited Alternative Licensing Requirements-Substantially Equivalent License

Current through Reg. 49, No. 28; July 12, 2024
(a) This section
				  implements Texas Occupations Code §§
										55.004,
				  55.005,
				  55.006, and
				  55.009, as they
				  relate to an applicant who holds a "substantially equivalent"
				  license.
(b) This section applies
				  to a military service member, a military veteran, and a military spouse, as
				  defined under §60.501.
(c) An
				  applicant under this section is eligible to obtain a license issued by the
				  department if the applicant holds a current license issued by another
				  jurisdiction that has licensing requirements that are substantially equivalent
				  to the Texas licensing requirements.
(d) The department will determine whether the
				  licensing requirements of the other jurisdiction are substantially equivalent
				  to the Texas requirements as prescribed under §60.34.
(e) The following documentation must be
				  submitted to apply for a license under this section:
(1) completed license application and any
				  supporting documents associated with the specific department license;
(2) completed Military Service Member,
				  Military Veteran, or Military Spouse Supplemental Application and supporting
				  documents including;
(A) copy of the military
				  orders or documents showing proof of active duty status (for service member and
				  spouse);
(B) copy of the military
				  orders or documents showing proof of veteran status (for veteran);
				  and
(C) copy of document showing
				  proof of status as a spouse; and
(3) copy of the applicant's current
				  occupational license from another jurisdiction.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 60 - PROCEDURAL RULES OF THE COMMISSION AND THE DEPARTMENT › Subchapter K - LICENSING PROVISIONS RELATED TO MILITARY SERVICE MEMBERS, MILITARY VETERANS, AND MILITARY SPOUSES › Section 60.514 - Expedited Alternative Licensing Requirements-Previously Held Texas License

Current through Reg. 49, No. 28; July 12, 2024
(a) This section
				  implements Texas Occupations Code §§
										55.004,
				  55.005, and
				  55.006, as they
				  relate to an applicant who held the same Texas license within the last five
				  years.
(b) This section applies to
				  a military service member, a military veteran, and a military spouse, as
				  defined under §60.501.
(c) An
				  applicant under this section is eligible to obtain a license issued by the
				  department if the applicant within the five years preceding the application
				  date held the same license in Texas.
(d) The following documentation must be
				  submitted to apply for a license under this section:
(1) completed license application and any
				  supporting documents associated with the specific department license;
				  and
(2) completed Military Service
				  Member, Military Veteran, or Military Spouse Supplemental Application and
				  supporting documents including;
(A) copy of
				  the military orders showing proof of active duty status (for service member and
				  spouse);
(B) copy of the military
				  orders or documents showing proof of veteran status (for veteran);
				  and
(C) copy of document showing
				  proof of status as a spouse.