reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 19 - EDUCATION › Part 1 - TEXAS HIGHER EDUCATION COORDINATING BOARD › Chapter 1 - AGENCY ADMINISTRATION › Subchapter A - GENERAL PROVISIONS › Section 1.19 - Education and Training of Board Administrators and Employees

Current through Reg. 49, No. 28; July 12, 2024
The Texas Higher Education Coordinating Board values its
					 administrators and employees and encourages lifelong learning and professional
					 development through education and training pursuant to the State Employees
					 Training Act, Texas Government Code §§
										656.041 -
					 656.104 and successor
					 sections. The eligibility of the agency's administrators and employees for
					 training and education provided by the agency, and the obligations, including
					 restrictions and potential liability, assumed by administrators and employees
					 on receiving such training and education, shall be as set forth in the Board's
					 policies.
Texas Administrative Code › Title 19 - EDUCATION › Part 1 - TEXAS HIGHER EDUCATION COORDINATING BOARD › Chapter 1 - AGENCY ADMINISTRATION › Subchapter B - DISPUTE RESOLUTION › Section 1.21 - Scope and Purpose

Current through Reg. 49, No. 28; July 12, 2024
(a) This
				  subchapter, along with applicable provisions of the Administrative Procedure
				  Act (Chapter 2001.051-2001.902 of the Texas Government Code), the Negotiated
				  Rulemaking Act (Tex. Gov't Code, ch.2008), the Governmental Dispute Resolution
				  Act, (Tex. Gov't Code, ch.2009), Texas Government Code, Chapter 2260, and the
				  contested case hearings rules promulgated by the State Office of Administrative
				  Hearings (1 TAC Chapter 155), shall govern all proceedings to which a party has
				  been given a right to a hearing by statute or by Board rules.
(b) The purpose of this subchapter is:
(1) to encourage the resolution and early
				  settlement of rulemaking and contract disputes, and contested cases through
				  voluntary settlement procedures, and;
(2) to establish clear procedures for the
				  administration of all contested matters that may come before the
				  Board.
Texas Administrative Code › Title 19 - EDUCATION › Part 1 - TEXAS HIGHER EDUCATION COORDINATING BOARD › Chapter 1 - AGENCY ADMINISTRATION › Subchapter B - DISPUTE RESOLUTION › Section 1.22 - Appointment of ADR Coordinator

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  Commissioner shall appoint an ADR coordinator as soon as practicable following:
(1) initial adoption of this subchapter,
				  or
(2) an ADR coordinator's
				  vacation of the office.
Texas Administrative Code › Title 19 - EDUCATION › Part 1 - TEXAS HIGHER EDUCATION COORDINATING BOARD › Chapter 1 - AGENCY ADMINISTRATION › Subchapter B - DISPUTE RESOLUTION › Section 1.23 - Deadlines for Filing a Petition for Contested Case Status

Current through Reg. 49, No. 28; July 12, 2024
(a) At any time, the Commissioner may request
				  that a matter within the jurisdiction of the agency, which by statute or rule
				  entitles a person to a hearing, be given contested case status.
(b) If, in any matter in which the Texas
				  Education Code or the rules herein give a party the right to a hearing, the
				  Commissioner makes a determination, decision, order, ruling, or if he or she
				  fails to act within a prescribed period of time, a party with standing in the
				  matter shall file a written petition for contested case status with the
				  Commissioner within the time frames below, or the action taken by the
				  Commissioner will become final, and the party will have failed to exhaust all
				  available administrative remedies, as established herein:
(1) in a contract dispute, no later than 180
				  days after the date of the event that the contractor asserts as the basis of
				  the claim;
(2) for all other types
				  of contested cases, 45 calendar days after the decision, order, ruling, or
				  failure to act that is complained of is rendered.
Texas Administrative Code › Title 19 - EDUCATION › Part 1 - TEXAS HIGHER EDUCATION COORDINATING BOARD › Chapter 1 - AGENCY ADMINISTRATION › Subchapter B - DISPUTE RESOLUTION › Section 1.24 - Mandatory Contents of a Petition for Contested Case Status

Current through Reg. 49, No. 28; July 12, 2024
(a) A petition for contested case status in
				  any matter in which statutes or rules give a party the right to a hearing,
				  shall contain the following:
(1) For a
				  contract dispute:
(A) an explanation of the
				  nature of the alleged breach of contract, including the date of the event that
				  the contractor asserts as the basis of the claim, and each contractual
				  provision allegedly breached;
(B) a
				  description of damages that resulted from the alleged breach, including the
				  amount and method used to calculate those damages; and
(C) the legal theory of recovery, i.e.,
				  breach of contract, including the causal relationship between the alleged
				  breach and the damages claimed.
(D)
				  In addition to the mandatory contents of the notice of claim as required
				  herein, the contractor may submit supporting documentation or other tangible
				  evidence to facilitate the agency's evaluation of the contractor's
				  claim.
(E) The following types of
				  contracts shall not be subject to the provisions herein. A petition for
				  contested case status in a contract dispute must contain sufficient
				  identification of the parties and the nature of the dispute to allow the agency
				  to determine that the basis of the claim is not an action of the Board for
				  which the contractor is entitled to a specific remedy pursuant to state or
				  federal constitution or statute, or that the dispute is regarding a contract:
(i) between the Board and the federal
				  government or its agencies, another state or another nation;
(ii) between the Board and two or more units
				  of state government;
(iii) between
				  the Board and a local governmental body, or a political subdivision of another
				  state;
(iv) between a subcontractor
				  and a contractor;
(v) subject to
				  §
													201.112 of the
				  Transportation Code;
(vi) within
				  the exclusive jurisdiction of state or local regulatory bodies;
(vii) within the exclusive jurisdiction of
				  federal courts or regulatory bodies; or
Texas Administrative Code › Title 19 - EDUCATION › Part 1 - TEXAS HIGHER EDUCATION COORDINATING BOARD › Chapter 1 - AGENCY ADMINISTRATION › Subchapter B - DISPUTE RESOLUTION › Section 1.25 - Service of a Petition for Contested Case Status

Current through Reg. 49, No. 28; July 12, 2024
Petitions for contested case status shall be served upon
					 the officer stated herein, by personal delivery or by certified mail, with
					 return receipt requested, or by other verifiable delivery service. A
					 certificate evidencing service shall be included in the petition.
(1) For contract disputes, the petition shall
				  be served upon the officer of the Board designated in the contract to receive a
				  notice of claim of breach of contract under the Government Code, Chapter 2260;
				  if no person is designated in the contract, the notice shall be delivered to
				  the Assistant Commissioner for Administration;
(2) For all types of contested cases other
				  than contract disputes, the petition shall be served upon the
				  Commissioner.
Texas Administrative Code › Title 19 - EDUCATION › Part 1 - TEXAS HIGHER EDUCATION COORDINATING BOARD › Chapter 1 - AGENCY ADMINISTRATION › Subchapter B - DISPUTE RESOLUTION › Section 1.26 - Agency Determination Regarding Contested Case Status

Current through Reg. 49, No. 28; July 12, 2024
All petitions for contested case status shall be reviewed
					 by the Board's General Counsel.
(1) If
				  the General Counsel finds that the prerequisites found herein have been met, he
				  or she shall notify the petitioner that he or she has established the right to
				  a contested case.
(2) If the
				  petition concerns an alleged breach of contract, the General Counsel, after
				  consulting with appropriate officers of the agency and with the Commissioner,
				  shall determine whether a sufficient basis exists for a counterclaim, and if it
				  is determined that it is in the best interest of the agency to file a
				  counterclaim, shall assist in drafting the notice of counterclaim, which shall
				  comply with the deadlines, content, and notice requirements found in §
										1.42 of this
				  title (relating to Board Counterclaims).
(3) If the General Counsel finds that
				  prerequisites have not been met, he or she shall refer the petition to the
				  Assistant Commissioner whose division has jurisdiction over the issue or claim.
				  The Assistant Commissioner shall either seek clarification from the petitioner
				  to enable the Assistant Commissioner to conclude that the petition is
				  substantially complete, or shall notify the petitioner in writing that the
				  petition fails to state properly a claim that entitles the petitioner a right
				  to a hearing, and the manner in which it failed. The petitioner shall perfect
				  the pleading no later than the later of the following:
(A) the deadline specified in §
											1.23
				  of this title (relating to Deadlines for Filing a Petition for Contested Case
				  Status); or
(B) 15 days after the
				  receipt of notice that the pleading fails to state properly a claim that
				  entitles the petitioner a right to a hearing.
Texas Administrative Code › Title 19 - EDUCATION › Part 1 - TEXAS HIGHER EDUCATION COORDINATING BOARD › Chapter 1 - AGENCY ADMINISTRATION › Subchapter B - DISPUTE RESOLUTION › Section 1.27 - Referral to ADR Coordinator

Current through Reg. 49, No. 28; July 12, 2024
(a) Contract
				  disputes shall be referred to the agency's ADR coordinator to establish the
				  negotiations schedule and to determine, in collaboration with the person
				  designated pursuant to §1.25, (relating to Service of a Petition for
				  Contested Case Status), all interested parties to the negotiations;
(b) If a petitioner in any other type of
				  contested case requests ADR, the case shall be referred to the agency's ADR
				  coordinator.
(c) The Commissioner
				  may refer any other contested case to the ADR coordinator at his or her own
				  instance.
Texas Administrative Code › Title 19 - EDUCATION › Part 1 - TEXAS HIGHER EDUCATION COORDINATING BOARD › Chapter 1 - AGENCY ADMINISTRATION › Subchapter B - DISPUTE RESOLUTION › Section 1.30 - General Principles of Alternative Dispute Resolution

Current through Reg. 49, No. 28; July 12, 2024
The following principles shall apply in Alternative Dispute
					 Resolution (ADR) implemented for contested cases:
(1) Any resolution reached as a result of the
				  ADR procedure should be through the voluntary agreement of the
				  parties.
(2) ADR procedures shall
				  be consistent with the Tex. Gov't Code, ch.2009; Tex. Gov't Code, ch.2008, Tex.
				  Civil Practices and Remedies Code, ch. 154; and the Administrative Procedures
				  Act, (the APA), Texas Gov't Code, ch.2001.
(3) ADR procedures herein are intended to
				  supplement and not to limit other dispute resolution procedures available for
				  use by a governmental body.
(4) ADR
				  processes shall not be applied in a manner that denies a person a right granted
				  under state or federal law or under a local charter, ordinance, or other
				  similar provision, including any right to an administrative or judicial hearing
				  that is allowed or mandated by the Texas Education Code or by laws of more
				  general application.
(5) The
				  agency's ADR coordinator may appoint a governmental officer, an agency
				  employee, a qualified mediator who is an employee of another governmental
				  entity, or a qualified private mediator for an ADR procedure.
(6) Mediators:
(A) shall be qualified as required by Tex.
				  Civil Practices and Remedies Code §154.052,
(B) are subject to the standards and duties
				  described in Tex. Civil Practices and Remedies Code §154.053,
(C) have the qualified immunity described in
				  the Tex. Civil Practices and Remedies Code §154.055,
(D) shall maintain confidentiality as
				  described in Tex. Civil Practices and Remedies Code §154.073 and Tex.
				  Gov't Code §
											2009.054,
				  and
(E) shall not testify in
				  proceedings relating to or arising out of the matter in dispute.
Texas Administrative Code › Title 19 - EDUCATION › Part 1 - TEXAS HIGHER EDUCATION COORDINATING BOARD › Chapter 1 - AGENCY ADMINISTRATION › Subchapter B - DISPUTE RESOLUTION › Section 1.32 - Selection of a Neutral Third Party

Current through Reg. 49, No. 28; July 12, 2024
(a) For
				  each matter referred for ADR procedures, the ADR coordinator may select a
				  neutral third party to facilitate the proceeding. The ADR coordinator may
				  assign a substitute or additional neutral third party to a proceeding as he or
				  she deems necessary.
(b) If all the
				  participants agree upon the use of a private mediator, a private mediator may
				  be hired for agency ADR procedures provided that:
(1) the participants unanimously agree to the
				  selection of the person to serve as the mediator;
(2) the mediator agrees to be subject to the
				  direction of the commission's ADR coordinator and to all time limits imposed by
				  the coordinator, the ALJ, if applicable, and all statutes or regulations that
				  apply;
(3) the participants
				  unanimously agree upon the manner in which costs for the services of the
				  mediator will be apportioned among the participants;
(4) fees shall be paid directly to the
				  mediator.
(5) All mediators in
				  Board mediation proceedings shall subscribe to the ethical guidelines for
				  mediators adopted by the ADR Section of the State Bar of Texas.
Texas Administrative Code › Title 19 - EDUCATION › Part 1 - TEXAS HIGHER EDUCATION COORDINATING BOARD › Chapter 1 - AGENCY ADMINISTRATION › Subchapter B - DISPUTE RESOLUTION › Section 1.33 - Developing Mediators within the Agency

Current through Reg. 49, No. 28; July 12, 2024
To the extent practicable, the Board shall establish a pool
					 of staff mediators to resolve contested cases through ADR procedures.
(1) Each staff mediator shall receive 40
				  hours of formal training in ADR procedures through programs approved by the ADR
				  coordinator, and shall be qualified as required by the TADR Act §154.052
				  before being allowed to facilitate a mediation to which any governmental entity
				  is a party.
(2) Each staff mediator
				  shall subscribe to the ethical guidelines for mediators adopted by the ADR
				  Section of the State Bar of Texas.
(3) Other individuals may assist with
				  mediation on an ad hoc basis in light of particular skills or experience that
				  will facilitate the resolution of individual contested matters.
Texas Administrative Code › Title 19 - EDUCATION › Part 1 - TEXAS HIGHER EDUCATION COORDINATING BOARD › Chapter 1 - AGENCY ADMINISTRATION › Subchapter B - DISPUTE RESOLUTION › Section 1.34 - Negotiated Settlements Must be in Writing

Current through Reg. 49, No. 28; July 12, 2024
Agreements of the participants reached as a result of ADR
					 must be in writing, and are enforceable in the same manner as any other written
					 contract.
Texas Administrative Code › Title 19 - EDUCATION › Part 1 - TEXAS HIGHER EDUCATION COORDINATING BOARD › Chapter 1 - AGENCY ADMINISTRATION › Subchapter B - DISPUTE RESOLUTION › Section 1.35 - Partial Settlements through ADR

Current through Reg. 49, No. 28; July 12, 2024
When ADR procedures do not result in the full settlement of
					 a contested case, the participants, in conjunction with the mediator, shall
					 limit the contested issues through the entry of written stipulations. Such
					 stipulations shall be forwarded or formally presented to the ALJ who is
					 assigned to conduct the hearing on the merits and shall be included in the
					 hearing record.
Texas Administrative Code › Title 19 - EDUCATION › Part 1 - TEXAS HIGHER EDUCATION COORDINATING BOARD › Chapter 1 - AGENCY ADMINISTRATION › Subchapter B - DISPUTE RESOLUTION › Section 1.40 - Agency Management of Contract Disputes

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  procedures contained in this subchapter in relation to contract disputes are
				  exclusive and required prerequisites to suit under the Civil Practice &
				  Remedies Code, Chapter 107, and the Government Code, Chapter 2260.
(b) This subchapter does not waive the
				  Board's sovereign immunity to suit or liability.
Texas Administrative Code › Title 19 - EDUCATION › Part 1 - TEXAS HIGHER EDUCATION COORDINATING BOARD › Chapter 1 - AGENCY ADMINISTRATION › Subchapter B - DISPUTE RESOLUTION › Section 1.41 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in relation to
					 contract disputes, shall have the following meanings, unless the context
					 clearly indicates otherwise:
(1)
				  Claim--A demand for damages by the contractor based upon the Board's alleged
				  breach of the contract.
(2)
				  Contract--A written contract between the Board and a contractor by the terms of
				  which the contractor agrees either:
(A) to
				  provide goods or services, by sale or lease, to or for the Board; or
(B) to perform a project as defined by
				  Government Code, §
											2166.001.
Texas Administrative Code › Title 19 - EDUCATION › Part 1 - TEXAS HIGHER EDUCATION COORDINATING BOARD › Chapter 1 - AGENCY ADMINISTRATION › Subchapter B - DISPUTE RESOLUTION › Section 1.42 - Board Counterclaims

Current through Reg. 49, No. 28; July 12, 2024
(a) If the
				  agency asserts a counterclaim under the Government Code, Chapter 2260, notice
				  of the counterclaim shall be filed as provided by this section.
(b) The notice of counterclaim shall:
(1) be in writing;
(2) be delivered by hand, certified mail
				  return receipt requested or other verifiable delivery service to the contractor
				  or representative of the contractor who signed the petition for contested case
				  status; and
(3) state in detail:
(A) the nature of the counterclaim;
(B) a description of damages or offsets
				  sought, including the amount and method used to calculate those damages or
				  offsets; and
(C) the legal theory
				  supporting the counterclaim.
Texas Administrative Code › Title 19 - EDUCATION › Part 1 - TEXAS HIGHER EDUCATION COORDINATING BOARD › Chapter 1 - AGENCY ADMINISTRATION › Subchapter B - DISPUTE RESOLUTION › Section 1.43 - Request for Voluntary Disclosure of Additional Information

Current through Reg. 49, No. 28; July 12, 2024
(a) Upon the filing of a claim or
				  counterclaim, the parties may request to review and copy, without limitation,
				  the following information that may be in the possession or custody, or that is
				  subject to the control of the other party, and that pertains to the contract
				  claimed to have been breached, regardless of the manner in which the
				  information is recorded, including paper and electronic media:
(1) accounting records;
(2) correspondence, including, without
				  limitation, correspondence between the Board and outside consultants it
				  utilized in preparing its bid solicitation or any part thereof or in
				  administering the contract, and correspondence between the contractor and its
				  subcontractors, materialmen, and vendors;
(3) schedules;
(4) the parties' internal memoranda;
				  and
(5) documents created by the
				  contractor in preparing its offer to the Board and documents created by the
				  Board in analyzing the offers it received in response to a
				  solicitation.
Texas Administrative Code › Title 19 - EDUCATION › Part 1 - TEXAS HIGHER EDUCATION COORDINATING BOARD › Chapter 1 - AGENCY ADMINISTRATION › Subchapter B - DISPUTE RESOLUTION › Section 1.44 - Duty to Negotiate

Current through Reg. 49, No. 28; July 12, 2024
The parties shall negotiate in accordance with the
					 timetable set forth in §
										1.45 of
					 this title (relating to the Negotiation Timetable), to attempt to resolve all
					 claims and counterclaims. No party is obligated to settle with the other party
					 as a result of the negotiation.
Texas Administrative Code › Title 19 - EDUCATION › Part 1 - TEXAS HIGHER EDUCATION COORDINATING BOARD › Chapter 1 - AGENCY ADMINISTRATION › Subchapter B - DISPUTE RESOLUTION › Section 1.45 - Negotiation Timetable

Current through Reg. 49, No. 28; July 12, 2024
(a) After the
				  agency's General Counsel has determined that the petition for contested case
				  status contains all essential requirements under §1.24, (relating to
				  Mandatory Contents of a Petition for Contested Case Status), and has referred
				  the case to the agency's officer, designated in the contract to be in charge of
				  the negotiations, he or she shall review the contractor's claim(s) and the
				  Board's counterclaim(s), if any, and, with appropriate assistance from the
				  agency's ADR coordinator, shall initiate negotiations with the contractor to
				  attempt to resolve the claim(s) and counterclaim(s).
(b) Subject to subsection (c) of this
				  section, the parties shall begin negotiations within a reasonable period of
				  time, not to exceed 60 days following the later of:
(1) the date of termination of the
				  contract;
(2) the completion date,
				  or substantial completion date in the case of construction projects, in the
				  original contract; or
(3) the date
				  the unit of state government receives the contractor's petition for contested
				  case status.
Texas Administrative Code › Title 19 - EDUCATION › Part 1 - TEXAS HIGHER EDUCATION COORDINATING BOARD › Chapter 1 - AGENCY ADMINISTRATION › Subchapter B - DISPUTE RESOLUTION › Section 1.46 - Conduct of Negotiations

Current through Reg. 49, No. 28; July 12, 2024
(a) The parties'
				  settlement approval procedures shall be disclosed prior to, or at the beginning
				  of, negotiations. To the extent possible, the parties shall select negotiators
				  who are knowledgeable about the subject matter of the dispute, who are in a
				  position to reach agreement, and who can credibly recommend approval of an
				  agreement.
(b) Unless the parties
				  agree otherwise, each party shall be responsible for its own costs incurred in
				  connection with a negotiation, including, without limitation, the costs of
				  attorney's fees, consultant's fees, expert's fees, and mediation
				  costs.
(c) The parties may conduct
				  negotiations with the assistance of one or more neutral third parties. A
				  negotiation under this subchapter may be conducted by any method, technique, or
				  procedure authorized under the contract or agreed upon by the parties,
				  including, without limitation, negotiation in person, by telephone, by
				  correspondence, by video conference, or by any other method that permits the
				  parties to identify their respective positions, discuss their respective
				  differences, confer with their respective advisers, exchange offers of
				  settlement, and settle. Parties may choose an assisted negotiation process
				  other than mediation, including without limitation, processes such as
				  mini-trials, early case neutral case evaluation by an impartial third-party,
				  and fact-finding by an expert. If the parties choose to mediate their dispute,
				  the mediation shall be conducted in accordance with §1.27, (relating to
				  Referral to ADR Coordinator) through §1.35, (relating to Partial
				  Settlements through ADR).
(d) The
				  agency's negotiation strategy and neutral third parties shall be approved by
				  the ADR coordinator, and the results of the negotiations reported to the ADR
				  coordinator.
Texas Administrative Code › Title 19 - EDUCATION › Part 1 - TEXAS HIGHER EDUCATION COORDINATING BOARD › Chapter 1 - AGENCY ADMINISTRATION › Subchapter B - DISPUTE RESOLUTION › Section 1.47 - Settlement Agreement

Current through Reg. 49, No. 28; July 12, 2024
(a) A settlement
				  agreement may resolve an entire claim or any designated and severable portion
				  of a claim.
(b) To be enforceable,
				  a settlement agreement must be in writing and signed by representatives of the
				  parties who have authority to bind each party.
(c) Partial settlement does not waive a
				  party's rights under the Government Code, Chapter 2260, as to the parts of the
				  claims or counterclaims that are not resolved.
Texas Administrative Code › Title 19 - EDUCATION › Part 1 - TEXAS HIGHER EDUCATION COORDINATING BOARD › Chapter 1 - AGENCY ADMINISTRATION › Subchapter B - DISPUTE RESOLUTION › Section 1.48 - Request for Contested Case Hearing

Current through Reg. 49, No. 28; July 12, 2024
(a) If
				  a claim for breach of contract is not resolved in its entirety through
				  negotiation, mediation or other assisted negotiation process in accordance with
				  this subchapter on or before the 270th day after the agency receives the notice
				  of claim, or after the expiration of any extension agreed to by the parties
				  pursuant to §
										1.45 of
				  this title (relating to Negotiation Timetable), the contractor may file a
				  request with the agency for a contested case hearing before SOAH.
(b) A request for a contested case hearing
				  shall state the legal and factual basis for the claim, and shall be delivered
				  to the Commissioner or other officer designated in the contract to receive
				  notice within a reasonable time after the 270th day or the expiration of any
				  written extension agreed to pursuant to §
										1.45 of
				  this title (relating to Negotiation Timetable).
(c) The agency shall forward the contractor's
				  request for contested case hearing to SOAH within a reasonable period of time,
				  not to exceed thirty days, after receipt of the request.
(d) The parties may agree to submit the case
				  to SOAH before the 270th day after the notice of claim is received by the
				  agency if they have achieved a partial resolution of the claim or if an impasse
				  has been reached in the negotiations and proceeding to a contested case hearing
				  would serve the interests of justice.
Texas Administrative Code › Title 19 - EDUCATION › Part 1 - TEXAS HIGHER EDUCATION COORDINATING BOARD › Chapter 1 - AGENCY ADMINISTRATION › Subchapter B - DISPUTE RESOLUTION › Section 1.60 - State Office of Administrative Hearings

Current through Reg. 49, No. 28; July 12, 2024
Formal contested case hearings shall be conducted for the
					 Board by SOAH, as authorized by Chapters 2001 and §
										2003.021 of the Texas
					 Government Code.
Texas Administrative Code › Title 19 - EDUCATION › Part 1 - TEXAS HIGHER EDUCATION COORDINATING BOARD › Chapter 1 - AGENCY ADMINISTRATION › Subchapter B - DISPUTE RESOLUTION › Section 1.61 - Classification of Parties

Current through Reg. 49, No. 28; July 12, 2024
(a) Designations of
				  parties are as follows:
(1) Petitioner--the
				  party requesting a hearing.
(2)
				  Respondent--the party named as such by the petitioners.
(3) Intervenor--a person who shows an
				  administratively cognizable or justiciable interest in the contested
				  case.
Texas Administrative Code › Title 19 - EDUCATION › Part 1 - TEXAS HIGHER EDUCATION COORDINATING BOARD › Chapter 1 - AGENCY ADMINISTRATION › Subchapter B - DISPUTE RESOLUTION › Section 1.62 - Notice of Hearing

Current through Reg. 49, No. 28; July 12, 2024
(a) All parties to
				  a formal contested case hearing shall be mailed written notice at least 15
				  calendar days before the date set for the hearing. The notice shall include:
(1) a statement of time, place, and nature of
				  the hearing;
(2) a statement of the
				  legal authority and jurisdiction under which the hearing is to be
				  held;
(3) a reference to the
				  particular section of the statutes and rules involved; and
(4) a short and plain statement of the
				  matters asserted. The petitioner may satisfy this requirement by incorporating
				  the petition by reference in the notice of hearing.
Texas Administrative Code › Title 19 - EDUCATION › Part 1 - TEXAS HIGHER EDUCATION COORDINATING BOARD › Chapter 1 - AGENCY ADMINISTRATION › Subchapter B - DISPUTE RESOLUTION › Section 1.63 - Proposed Findings of Fact and Conclusions of Law

Current through Reg. 49, No. 28; July 12, 2024
If any party to a contested case hearing at SOAH files
					 proposed findings of fact and conclusions of law within 10 days of the date on
					 which the record is closed, or within any other period of time that the ALJ may
					 prescribe, the ALJ shall rule on each proposal.
Texas Administrative Code › Title 19 - EDUCATION › Part 1 - TEXAS HIGHER EDUCATION COORDINATING BOARD › Chapter 1 - AGENCY ADMINISTRATION › Subchapter B - DISPUTE RESOLUTION › Section 1.64 - Default

Current through Reg. 49, No. 28; July 12, 2024
(a) If party who filed the petition for
				  contested case status fails to appear on the day and time set for the hearing,
				  the Commissioner may move in that party's absence for a default, and the ALJ
				  may issue a proposal for decision against the defaulting party. In the proposal
				  for decision or order, the factual allegations against that party in the notice
				  of hearing will be deemed admitted.
(b) If the party who filed the petition fails
				  to appear on the day and time set for hearing, the Commissioner may move for
				  dismissal of the case from the SOAH docket.
(c) The notice of hearing must include
				  disclosure, in at least twelve-point, bold-face type, that a failure to appear
				  on the date and time of the hearing will result in a default order or
				  dismissal.
Texas Administrative Code › Title 19 - EDUCATION › Part 1 - TEXAS HIGHER EDUCATION COORDINATING BOARD › Chapter 1 - AGENCY ADMINISTRATION › Subchapter B - DISPUTE RESOLUTION › Section 1.65 - Exceptions to Proposal for Decision

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Pursuant to Chapter 2001 of the Texas Government Code, every party has the
				  right to file exceptions to the Proposal for Decision issued by the ALJ and to
				  present a brief with respect to the exceptions.
(b) All exceptions must be mailed within 10
				  working days of the proponent's receipt of the Proposal for Decision, with
				  replies, if any, to be mailed within ten working days of the receipt of
				  exceptions. Extensions of the deadline to file exceptions shall be negotiated
				  between the parties; the first extension shall not be unreasonably
				  withheld.
Texas Administrative Code › Title 19 - EDUCATION › Part 1 - TEXAS HIGHER EDUCATION COORDINATING BOARD › Chapter 1 - AGENCY ADMINISTRATION › Subchapter B - DISPUTE RESOLUTION › Section 1.66 - Board Meeting to Consider Proposal for Decision

Current through Reg. 49, No. 28; July 12, 2024
(a) The Board shall take up the Proposal for
				  Decision and adopt a final order in a contested case at the next regularly
				  scheduled Board meeting after the hearing is finally closed, if sufficient time
				  remains before the meeting for the parties to receive proper notice.
(b) At least 15 days notice shall be given by
				  the Commissioner to all parties to a hearing of the time and place of the Board
				  meeting at which the Proposal for Decision will be considered by the
				  Board.
Texas Administrative Code › Title 19 - EDUCATION › Part 1 - TEXAS HIGHER EDUCATION COORDINATING BOARD › Chapter 1 - AGENCY ADMINISTRATION › Subchapter B - DISPUTE RESOLUTION › Section 1.67 - Motion for Rehearing

Current through Reg. 49, No. 28; July 12, 2024
A motion for rehearing shall be filed not later than the
					 20th day after the party or the party's attorney of record is notified of the
					 final decision or order that may become final under Texas Government Code,
					 §
										2001.144.
					 The procedures for a Motion for Rehearing shall be those procedures under Texas
					 Government Code, §
										2001.146,
					 and Texas appeals cases interpreting that statute.
Texas Administrative Code › Title 19 - EDUCATION › Part 1 - TEXAS HIGHER EDUCATION COORDINATING BOARD › Chapter 1 - AGENCY ADMINISTRATION › Subchapter C - STANDARDS OF CONDUCT › Section 1.80 - Scope and Purpose

Current through Reg. 49, No. 28; July 12, 2024
(a) This subchapter
				  establishes the criteria, procedures, and standards of conduct governing the
				  relationship between the Texas Higher Education Coordinating Board (Board) and
				  its officers and employees and private donors and private organizations that
				  exist to further the duties and purposes of the Board. This subchapter sets out
				  the Board's process for acceptance of gifts and donations.
(b) The purpose of this subchapter is to
				  comply with the provisions of Texas Government Code chapters 575 and 2255.001
				  and implement the provisions of chapter
				  61 of the Texas
				  Education Code authorizing the Board to accept gifts and donations.
Texas Administrative Code › Title 19 - EDUCATION › Part 1 - TEXAS HIGHER EDUCATION COORDINATING BOARD › Chapter 1 - AGENCY ADMINISTRATION › Subchapter C - STANDARDS OF CONDUCT › Section 1.81 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in these sections,
					 shall have the following meanings, unless the context clearly indicates
					 otherwise.
(1) Board--The Texas Higher
				  Education Coordinating Board.
(2)
				  Commissioner--The Commissioner of the Texas Higher Education Coordinating
				  Board.
(3) Donation--A contribution
				  of anything of value (including a gift or in-kind gift such as goods or
				  services) given to the Board for public higher education purposes or to the
				  Texas Higher Education Foundation for the benefit of the Board. The Board may
				  not accept donations of real property (real estate) without the express
				  permission and authorization of the legislature.
(4) Employee--A regular, acting, exempt,
				  full-time or part-time employee of the agency.
(5) Gift--A donation of money or
				  property.
(6) Private donor--People
				  or private organizations that make a donation to the Board for higher education
				  purposes, or that make a donation to the Higher Education Foundation to assist
				  in accomplishing the duties of the Board.
(7) The Texas Higher Education Foundation--A
				  501(c)(3) organized for the purpose of supporting the mission, objectives, and
				  public purpose of the Texas Higher Education Coordinating Board by providing
				  resources obtained primarily from private, non-governmental sources, or its
				  successor organization designated as the official non-profit partner of the
				  Board.
Texas Administrative Code › Title 19 - EDUCATION › Part 1 - TEXAS HIGHER EDUCATION COORDINATING BOARD › Chapter 1 - AGENCY ADMINISTRATION › Subchapter C - STANDARDS OF CONDUCT › Section 1.82 - The Texas Higher Education Foundation

Current through Reg. 49, No. 28; July 12, 2024
(a) The Texas
				  Higher Education Foundation is designated as the official nonprofit partner of
				  the Board.
(b) The Chair of the
				  Board and the Board of Trustees of the Texas Higher Education Foundation may
				  cooperatively appoint a board of trustees for the organization, subject to the
				  following requirements:
(1) The Commissioner
				  shall serve as an ex officio trustee with no vote;
(2) Board employees may serve as an ex
				  officio, non-voting trustee, provided there is no conflict of interest in
				  accordance with all federal and state laws and Board policies. This provision
				  applies to the employee's spouse and children; and
(3) Members of the Board may serve on the
				  Board of Trustees of the Texas Higher Education Foundation, but such members
				  will not comprise a majority of the Board of Trustees.
Texas Administrative Code › Title 19 - EDUCATION › Part 1 - TEXAS HIGHER EDUCATION COORDINATING BOARD › Chapter 1 - AGENCY ADMINISTRATION › Subchapter C - STANDARDS OF CONDUCT › Section 1.83 - Gifts and Donations to the Board

Current through Reg. 49, No. 28; July 12, 2024
(a) A private donor
				  may make a donation to the Board to be used or spent for specified or
				  unspecified public higher education purposes. If the donor specifies the
				  purpose, the Board must use or expend the donation only for that
				  purpose.
(b) The Board shall use or
				  spend all donations in accordance with the provisions of the State
				  Appropriations Act. The Board shall deposit all gifts in the state treasury
				  unless exempted by specific statutory authority.
(c) The Board may not transfer a private
				  donation to a foundation or private/public development fund without specific
				  written permission from the donor and the written approval of the
				  Commissioner.
(d) The Board
				  authorizes the Commissioner to accept donations on its behalf.
(e) The Board will acknowledge the acceptance
				  of a gift or donation at the next Board meeting immediately after the date the
				  Commissioner accepts a gift on the Board's behalf.
(f) The Board will log gifts in its minutes
				  as required by chapter
				  575 of the Government
				  Code.
Texas Administrative Code › Title 19 - EDUCATION › Part 1 - TEXAS HIGHER EDUCATION COORDINATING BOARD › Chapter 1 - AGENCY ADMINISTRATION › Subchapter C - STANDARDS OF CONDUCT › Section 1.84 - Donations by a Private Donor to the Texas Higher Education Foundation

Current through Reg. 49, No. 28; July 12, 2024
(a) A private donor
				  may make a donation to the Texas Higher Education Foundation to assist in
				  accomplishing the duties of the Board.
(b) The Texas Higher Education Foundation
				  shall administer and use the donation in accordance with the provisions in the
				  memorandum of understanding between the Texas Higher Education Foundation and
				  the Board, as described in §
										1.85(c) of this
				  title (relating to Relationship between the Texas Higher Education Foundation
				  and the Board).
Texas Administrative Code › Title 19 - EDUCATION › Part 1 - TEXAS HIGHER EDUCATION COORDINATING BOARD › Chapter 1 - AGENCY ADMINISTRATION › Subchapter C - STANDARDS OF CONDUCT › Section 1.85 - Relationship between the Texas Higher Education Foundation and the Board

Current through Reg. 49, No. 28; July 12, 2024
(a) The Board may
				  provide to the Texas Higher Education Foundation:
(1) fundraising and solicitation
				  assistance;
(2) staff services to
				  coordinate activities;
(3)
				  administrative and clerical services;
(4) office and meeting space;
(5) training;
(6) any service or agreement authorized by
				  the legislature; and
(7) other
				  miscellaneous services as needed to further the duties and purposes of the
				  Board.
Texas Administrative Code › Title 19 - EDUCATION › Part 1 - TEXAS HIGHER EDUCATION COORDINATING BOARD › Chapter 1 - AGENCY ADMINISTRATION › Subchapter C - STANDARDS OF CONDUCT › Section 1.86 - Standards of Conduct Between Board Employees and Private Donors

Current through Reg. 49, No. 28; July 12, 2024
(a) A Board officer
				  or employee shall not accept or solicit any gift, favor, or service from a
				  private donor that might reasonably tend to influence his/her official
				  conduct.
(b) A Board officer or
				  employee shall not accept employment or engage in any business or professional
				  activity with a private donor which the officer or employee might reasonably
				  expect would require or induce him/her to disclose confidential information
				  acquired by reason of his/her official position.
(c) A Board officer or employee shall not
				  accept other employment or compensation from a private donor that would
				  reasonably be expected to impair the officer or employee's independence of
				  judgment in the performance of his/her official position.
(d) A Board officer or employee shall not
				  make personal investments in association with a private donor that could
				  reasonably be expected to create a substantial conflict between the officer or
				  employee's private interest and the interest of the Board.
(e) A Board officer or employee shall not
				  solicit, accept, or agree to accept any benefits for having exercised his/her
				  official powers on behalf of a private donor or performed his official duties
				  in favor of private donor.
(f) A
				  Board officer or employee who has policy direction over the Board and who
				  serves as an officer or director on a board of a private donor shall not vote
				  on any measure, proposal, or decision pending before the private donor if the
				  Board might reasonably be expected to have an interest in such measure,
				  proposal, or decision.
(g) A Board
				  officer or employee shall not authorize a private donor to use property of the
				  Board unless the property is used in accordance with a contract or memorandum
				  of understanding between the Board and the private donor, or the Board is
				  otherwise compensated for the use of the property.
(h) A Board officer affiliated with a private
				  donor or organization shall at all times be mindful of his/her obligations
				  under Texas Government Code chapter 572.
Texas Administrative Code › Title 19 - EDUCATION › Part 1 - TEXAS HIGHER EDUCATION COORDINATING BOARD › Chapter 1 - AGENCY ADMINISTRATION › Subchapter C - STANDARDS OF CONDUCT › Section 1.87 - Miscellaneous

Current through Reg. 49, No. 28; July 12, 2024
The relationship between a private donor, Texas Higher
					 Education Foundation, and the Board, including fundraising and solicitation
					 activities, is subject to all applicable federal and state laws, rules and
					 regulations, and local ordinances governing each entity and its
					 employees.
Texas Administrative Code › Title 19 - EDUCATION › Part 1 - TEXAS HIGHER EDUCATION COORDINATING BOARD › Chapter 1 - AGENCY ADMINISTRATION › Subchapter D - RIGHT TO CORRECTION OF INCORRECT INFORMATION › Section 1.96 - Scope and Purpose

Current through Reg. 49, No. 28; July 12, 2024
(a) This subchapter
				  shall govern instances in which individuals request correction of incorrect
				  information, for which the agency is responsible, pertaining to the individual
				  or to a person that the requestor has the legal right to represent. This
				  subchapter should not be read to contradict §
										1.10
				  of this title (relating to the Texas Public Information Act), the Family
				  Educational Rights and Privacy Act (FERPA), or any other applicable state or
				  federal law.
(b) The purpose of
				  this subchapter is to implement Texas Government Code, §
										559.004,
				  concerning individuals' Right to Correction of Incorrect Information.
Texas Administrative Code › Title 19 - EDUCATION › Part 1 - TEXAS HIGHER EDUCATION COORDINATING BOARD › Chapter 1 - AGENCY ADMINISTRATION › Subchapter D - RIGHT TO CORRECTION OF INCORRECT INFORMATION › Section 1.97 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this
					 subchapter, shall have the following meaning, unless the context clearly
					 indicates otherwise:
(1) Agency--Texas
				  Higher Education Coordinating Board.
(2) Day--A calendar day. If an act is
				  required to occur on a day falling on a Saturday, Sunday, or holiday, the first
				  working day that is not one of these days should be counted as the required day
				  for purpose of this act.
(3)
				  Program or Division--Any subunit of the Agency, to be determined by the
				  Agency.
(4) Requestor--The person
				  who submits a request for correction of incorrect information, whether on his
				  or her own behalf or on behalf of someone else.
Texas Administrative Code › Title 19 - EDUCATION › Part 1 - TEXAS HIGHER EDUCATION COORDINATING BOARD › Chapter 1 - AGENCY ADMINISTRATION › Subchapter D - RIGHT TO CORRECTION OF INCORRECT INFORMATION › Section 1.98 - Individual's Right to Correction of Incorrect Information

Current through Reg. 49, No. 28; July 12, 2024
(a) An individual who finds that the
				  information collected by and in the possession of the agency on a form or
				  through electronic media, is incorrect, has a right to have the agency correct
				  the information. The individual has no right to change information that was
				  correct when it was submitted, but which is no longer correct. The information
				  to be changed must be concerning the requestor, or concerning a person that the
				  requestor has the legal right to represent. The agency may request proof of
				  this authority, and if it does so, the requestor must provide the proof, before
				  the agency processes the request.
(b) The individual must submit the correction
				  request in writing to the program or division within the agency that is in
				  possession of the information. The program or division may be identified by
				  correspondence received from the agency, or through a request for public
				  information from the agency, submitted in writing to: Open Records Officer,
				  Texas Higher Education Coordinating Board, P.O. Box 12788, Austin, Texas
				  78722
(c) The correction request
				  must:
(1) specifically identify the
				  information which the individual believes is incorrect;
(2) provide the agency with sufficient
				  information to establish that the information is incorrect and was incorrect at
				  the time it was submitted to the agency; and
(3) provide the correct
				  information.
Texas Administrative Code › Title 19 - EDUCATION › Part 1 - TEXAS HIGHER EDUCATION COORDINATING BOARD › Chapter 1 - AGENCY ADMINISTRATION › Subchapter D - RIGHT TO CORRECTION OF INCORRECT INFORMATION › Section 1.99 - Correction Procedure

Current through Reg. 49, No. 28; July 12, 2024
(a) The program or
				  division within the agency that is the custodian of the target information
				  shall provide an acknowledgement of receipt of the correction request to the
				  requestor within 10 days from the receipt of the request.
(b) The program or division with custody and
				  control of the information shall review the information identified by the
				  individual as incorrect and the proof that the requestor has provided, and
				  determine whether the information in the agency's record should be corrected.
(1) If the agency determines that the
				  information is incorrect in an electronic record or form, an individual with
				  authority to access the information shall enter the correction into the record
				  by electronic media, at or near the place where the incorrect information
				  appears with the date, and reason for the correction, by whom the correction
				  was requested, and by whom the correction was made.
(2) If the agency determines that the
				  information is incorrect in a paper record or form, an individual with
				  authority to access the information shall insert the information as submitted
				  by the individual requesting the correction, along with an entry of the date,
				  and the name of the individual inserting the correction.
(3) If the agency determines that the
				  information is correct, no correction shall be made to the
				  information.