reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 380 - RULES FOR STATE-OPERATED PROGRAMS AND FACILITIES › Subchapter G - GENERAL PROVISIONS › Division 3 - JUVENILE CORRECTIONAL OFFICERS › Section 380.9951 - Training for Juvenile Correctional Officers

Current through Reg. 49, No. 28; July 12, 2024
(a) Policy. Pursuant to Texas Human Resources
					 Code §
											242.009,
					 juvenile correctional officers (JCOs) employed by the Texas Juvenile Justice
					 Department (TJJD) must complete at least 240 hours of training before assuming
					 responsibility for sole supervision of youth and at least 60 hours of
					 additional training within the first year of the JCO's employment.
(b) Applicability. This rule applies to JCOs
					 employed by TJJD on a full-time or part-time basis.
(c) Definitions. Sole Supervision--means
					 independent performance of youth supervision duties.
(d) Procedures.
(1) Training required for JCO staff before
					 assuming sole supervision responsibility consists of at least 240 hours of
					 category-specific modules delivered through:
(A) local training at the facility by agency
					 training staff or adjunct trainers;
(B) pre-service training as provided by TJJD;
					 and
(C) training at the JCO's duty
					 location, which includes on-the-job training.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 380 - RULES FOR STATE-OPERATED PROGRAMS AND FACILITIES › Subchapter G - GENERAL PROVISIONS › Division 3 - JUVENILE CORRECTIONAL OFFICERS › Section 380.9955 - Staffing Requirements for Youth Development Coaches

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. This rule establishes
					 requirements for scheduling station assignments for youth development coaches
					 employed by the Texas Juvenile Justice Department (TJJD).
(b) Applicability. This rule applies to
					 high-restriction facilities operated by TJJD.
(c) General Provisions.
(1) Rotation of Youth Development Coaches.
(A) The executive director or designee
					 ensures that assignments are rotated such that coaches do not supervise the
					 same youth for an extended period of time.
(B) The rotation of staff is scheduled to
					 ensure continuity in the delivery of specialized treatment programs.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 385 - AGENCY MANAGEMENT AND OPERATIONS › Subchapter A - CONTRACTS › Section 385.1101 - Contract Authority and Responsibilities

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. This rule establishes the
				  responsibilities for approving and executing contracts required by the Texas
				  Juvenile Justice Department (TJJD).
(b) Applicability. This rule applies to all
				  contracts entered into by TJJD.
(c)
				  Definitions. As used in this chapter, the following terms have the following
				  meanings, unless the context clearly indicates otherwise.
(1) Board--the governing board of
				  TJJD.
(2) Contract--a written
				  contract between TJJD and another party, either public or private, for goods or
				  services or for a project as defined by Section 2166.001, Government Code. As
				  used in this chapter, "contract" includes the following: letters of agreement;
				  interagency/interlocal agreements with other government entities; memorandums
				  of understanding; and other agreements in which state funds or services are
				  exchanged for the delivery of goods or performance of services.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 385 - AGENCY MANAGEMENT AND OPERATIONS › Subchapter A - CONTRACTS › Section 385.1105 - Contract Monitoring

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. The
				  purpose of this rule is to establish the contract monitoring roles and
				  responsibilities of the Texas Juvenile Justice Department (TJJD) staff,
				  including the monitoring system used to ensure service providers' compliance
				  with contract and service delivery requirements.
(b) Applicability. This rule applies to all
				  contracts between TJJD and public or private entities.
(c) General Provisions.
(1) TJJD periodically monitors all public and
				  private entities that contract with TJJD.
(2) TJJD establishes a monitoring schedule
				  based on a risk assessment methodology. Higher-risk contracts are monitored
				  more frequently and more comprehensively than lower-risk contracts.
(3) For residential program-related client
				  services contracts, TJJD obtains and evaluates program cost information to
				  ensure that each cost, including an administrative cost, is reasonable and
				  necessary to achieve program objectives.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 385 - AGENCY MANAGEMENT AND OPERATIONS › Subchapter A - CONTRACTS › Section 385.1109 - Protests

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. The purpose of this rule is to
				  establish the process for which actual or prospective bidders, offerors, or
				  contractors may formally protest an action taken by the Texas Juvenile Justice
				  Department (TJJD) during the contract process.
(b) Definitions. The following words and
				  terms, when used in this rule, shall have the following meanings unless the
				  context clearly indicates otherwise.
(1)
				  Agency--TJJD.
(2) Interested
				  Parties--All vendors who have submitted bids or proposals for the provision of
				  goods or services pursuant to a solicitation with TJJD.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 385 - AGENCY MANAGEMENT AND OPERATIONS › Subchapter A - CONTRACTS › Section 385.1111 - Negotiation and Mediation of Contract Disputes

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. In accordance with Texas
				  Government Code Chapter 2260, the purpose of this rule is to establish
				  procedures for the Texas Juvenile Justice Department (TJJD) and its contractors
				  to engage in negotiation and/or mediation procedures to resolve certain
				  disputes involving claims of breach of a written contract. These procedures are
				  not intended to replace the process to resolve any disagreement concerning the
				  contract in the ordinary course of contract administration under less formal
				  procedures specified in the parties' contract.
(b) Applicability.
(1) This rule applies to TJJD and its
				  contractors, as defined in Texas Government Code § 2260.001.
(2) This rule does not apply to:
(A) a claim for personal injury or wrongful
				  death arising from a breach of contract;
(B) an action of TJJD for which a contractor
				  is entitled to a specific remedy pursuant to state or federal constitution or
				  statute;
(C) a contract action
				  proposed or taken by TJJD for which a contractor receiving Medicaid funds under
				  that contract is entitled by state statute or rule to a hearing conducted in
				  accordance with Texas Government Code Chapter 2001;
(D) a contract that is solely and entirely
				  funded by federal grant monies other than for a project defined in Texas
				  Government Code § 2166.001;
(E) a contract between TJJD and the federal
				  government or its agencies, another state, or another nation;
(F) a contract between TJJD and another unit
				  of state government;
(G) a contract
				  between TJJD and a local governmental body or a political subdivision of
				  another state;
(H) a claim from a
				  contractor's subcontractor, officer, employee, agent, or other persons
				  furnishing goods or services to a contractor;
(I) a contract within the exclusive
				  jurisdiction of state or local regulatory bodies; or
(J) a contract within the exclusive
				  jurisdiction of federal courts or regulatory bodies.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 385 - AGENCY MANAGEMENT AND OPERATIONS › Subchapter B - INTERACTION WITH THE PUBLIC › Section 385.8107 - Petition for Adoption of a Rule

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Purpose. This rule provides a procedure for any person to petition the Texas
				  Juvenile Justice Department (TJJD) to adopt a rule in compliance with the
				  requirements of the Administrative Procedure Act.
(b) Submission of the Petition.
(1) Any individual, partnership, corporation,
				  association, governmental subdivision, or public or private organization that
				  is not a state agency may petition TJJD to adopt a rule.
(2) The petition must:
(A) be mailed or delivered to the executive
				  director of TJJD at his/her office;
(B) be in writing;
(C) contain the petitioner's name and
				  address; and
(D) describe the rule
				  and the reason for the petition.
(3) If the executive director of TJJD
				  determines further information is necessary to assist TJJD in reaching a
				  decision, the executive director may require the petitioner to resubmit the
				  petition with:
(A) a brief explanation of the
				  proposed rule;
(B) the text of the
				  proposed rule prepared in a manner that demonstrates the words to be added to
				  or deleted from the current text, if any;
(C) the statutory authority or other
				  authority under which the proposed rule is to be promulgated; and
(D) the public benefits anticipated as a
				  result of adopting the proposed rule or the anticipated public injury or
				  inequity which could result from the failure to adopt the proposed
				  rule.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 385 - AGENCY MANAGEMENT AND OPERATIONS › Subchapter B - INTERACTION WITH THE PUBLIC › Section 385.8111 - Complaints from the Public

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose.
				  This rule establishes a process through which the Texas Juvenile Justice
				  Department (TJJD) resolves public complaints about TJJD operations and
				  services, including complaints that allege violations of the Americans with
				  Disabilities Act of 1990 (ADA). Members of the public are entitled to and shall
				  receive timely and responsive resolutions to their complaints.
(b) Public Complaint That Does Not Involve an
				  ADA Violation.
(1) How to File a Public
				  Non-ADA Complaint.
(A) Complaints must be
				  filed in writing within 180 calendar days after the complainant became aware of
				  the circumstances that are the basis of the complaint. TJJD may refuse to
				  consider the complaint if it is not filed within the 180-day
				  deadline.
(B) No particular format
				  is required for a complaint. However, the complaint should contain at least the
				  following information:
(i) name, address, and
				  telephone number of the person filing the complaint; and
(ii) the nature of the complaint and a brief
				  description of the circumstances surrounding the complaint to include location,
				  names, and dates.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 385 - AGENCY MANAGEMENT AND OPERATIONS › Subchapter B - INTERACTION WITH THE PUBLIC › Section 385.8134 - Notice of Youth Confessions of Child Abuse

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. This rule provides requirements,
				  consistent with the Texas Family Code, Chapter 261, Subchapter B, for Texas
				  Juvenile Justice Department (TJJD) staff members or volunteers to report
				  information regarding TJJD youth who confess to having abused or neglected a
				  child or children at a time other than when assigned to a TJJD-operated
				  residential facility or contract care program.
(b) Applicability. This rule does not apply
				  to reporting suspected abuse or neglect of youth in TJJD programs, which is
				  addressed in §
										380.9333
				  of this title.
(c) Definitions. For
				  the purposes of this rule, abuse and neglect are defined by Texas Family Code
				  §
										261.001.
(d) Reporting.
(1) In accordance with Texas Family Code
				  §
											261.101,
				  a TJJD staff member or volunteer who has cause to believe that a TJJD youth is
				  responsible for abusing or neglecting a child or children at a time other than
				  when the youth was assigned to a TJJD-operated residential facility or contract
				  care program must, within 48 hours after receiving the information upon which
				  the belief is based, report the alleged abuse or neglect to the Texas
				  Department of Family and Protective Services (DFPS) or to a state or local law
				  enforcement agency where the alleged abuse or neglect occurred. The report must
				  contain accurate and detailed information upon which the cause to believe abuse
				  or neglect occurred is based.
(2) A
				  report does not need to be made if it is determined from existing documentation
				  that the alleged abuse or neglect:
(A) has
				  already been referred to DFPS or a law enforcement agency and the new report
				  includes no new information;
(B)
				  relates only to conduct that resulted in the youth's commitment to TJJD;
				  or
(C) relates only to conduct that
				  resulted in a previous referral to a juvenile probation department or to
				  juvenile court.
(3) The
				  staff member or volunteer must inform his/her supervisor about the
				  report.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 385 - AGENCY MANAGEMENT AND OPERATIONS › Subchapter B - INTERACTION WITH THE PUBLIC › Section 385.8135 - Rights of Victims

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. This
				  rule addresses the rights of victims as described in Texas Family Code Chapter
				  57 and Texas Code of Criminal Procedure Article 56.02 and allows victims to
				  provide input into the release process of youth committed to the Texas Juvenile
				  Justice Department (TJJD).
(b)
				  Applicability. All of the rules and procedures afforded to a victim of a youth
				  in TJJD custody, as indicated by the use of the term victim in this section,
				  are equally afforded to the guardian of a victim or close relative of a
				  deceased victim.
(c) Definitions.
(1) Victim--a person who as the result of the
				  delinquent conduct of a child suffers a pecuniary loss or personal injury or
				  harm.
(2) Close relative of a
				  deceased victim--a person who was the spouse of a deceased victim at the time
				  of the victim's death or who is a parent or adult brother, sister, or child of
				  the deceased victim.
(3) Guardian
				  of a victim--a person who is the legal guardian of the victim, whether or not
				  the legal relationship between the guardian and victim exists because of the
				  age of the victim or the physical or mental incompetency of the
				  victim.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 385 - AGENCY MANAGEMENT AND OPERATIONS › Subchapter B - INTERACTION WITH THE PUBLIC › Section 385.8145 - Volunteers and Community Resources Council

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. This rule establishes a
				  volunteer program within the Texas Juvenile Justice Department (TJJD) to expand
				  youth opportunities for educational and recreational experiences and to provide
				  youth with increased social interactions.
(b) Community Resource Councils. Community
				  resource councils are established to support the youth committed to TJJD.
				  Community resource councils are organized as nonprofit corporations with
				  tax-exempt status. The councils' role includes:
(1) informing the community about
				  TJJD;
(2) informing TJJD of
				  community interests and concerns;
(3) promoting volunteer/community engagement;
				  and
(4) generating community
				  resources to benefit youth committed to TJJD.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 385 - AGENCY MANAGEMENT AND OPERATIONS › Subchapter B - INTERACTION WITH THE PUBLIC › Section 385.8165 - Site Selection for Juvenile Facility Construction

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. This rule establishes a
				  systematic process for selecting sites for the construction of juvenile
				  facilities that will be solely owned and operated by the Texas Juvenile Justice
				  Department (TJJD).
(b)
				  Applicability. This rule does not apply when the only sites under consideration
				  are adjacent to:
(1) existing residential
				  facilities owned or leased by TJJD; or
(2) contracted residential
				  facilities.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 385 - AGENCY MANAGEMENT AND OPERATIONS › Subchapter B - INTERACTION WITH THE PUBLIC › Section 385.8170 - Acceptance of Gifts of $500 or More

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Purpose. This rule establishes a process for the Texas Juvenile Justice
				  Department (TJJD) to accept gifts, grants, or donations of money or property
				  having an actual or estimated value of $500 or more.
(b) Applicability.
(1) This policy applies to gifts that are to
				  be administered or distributed by TJJD or that are to be used by TJJD to
				  operate or improve TJJD's programs or facilities, including the following:
(A) gifts made to TJJD by community resource
				  councils;
(B) gifts of money or
				  property; and
(C) gifts that
				  support a youth activity.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 385 - AGENCY MANAGEMENT AND OPERATIONS › Subchapter B - INTERACTION WITH THE PUBLIC › Section 385.8181 - Background Checks

Current through Reg. 49, No. 28; July 12, 2024
(a) Policy. The
				  Texas Juvenile Justice Department (TJJD) reviews criminal histories and
				  employment references for certain persons as required under Section 242.010,
				  Human Resources Code.
(b)
				  Applicability. This rule does not apply to:
(1) youth access to a personal attorney under
				  §
											380.9311
				  of this title;
(2) youth access to
				  a personal clergy member under §
											380.9317
				  of this title; or
(3) youth access
				  to visitors under §
											380.9312 of
				  this title.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 385 - AGENCY MANAGEMENT AND OPERATIONS › Subchapter B - INTERACTION WITH THE PUBLIC › Section 385.8183 - Advocacy, Support Group, and Social Services Provider Access

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. This
				  rule establishes a process for allowing advocacy and support groups and social
				  services providers to provide on-site information, support, and other services
				  for youth confined in Texas Juvenile Justice Department (TJJD) residential
				  facilities.
(b) Applicability.
(1) This rule applies to residential
				  facilities operated by TJJD.
(2)
				  This rule does not apply to a youth's access to his/her personal attorney or
				  personal clergy member in accordance with §380.9311 of this title and
				  §380.9317 of this title.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 385 - AGENCY MANAGEMENT AND OPERATIONS › Subchapter C - MISCELLANEOUS › Section 385.9941 - Response to Ombudsman Reports

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Purpose. The purpose of this rule is to establish procedures for the Texas
				  Juvenile Justice Department (TJJD) to review and comment on reports issued by
				  the Office of the Independent Ombudsman (OIO).
(b) Applicability. This rule applies to the
				  following types of reports issued by OIO:
(1)
				  quarterly reports issued under Human Resources Code §
											261.055(a);
(2) reports concerning serious or flagrant
				  circumstances issued under Human Resources Code §
											261.055(b);
				  and
(3) any other formal reports
				  containing findings and making recommendations concerning systemic issues that
				  affect TJJD.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 385 - AGENCY MANAGEMENT AND OPERATIONS › Subchapter C - MISCELLANEOUS › Section 385.9951 - Death of a Youth

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. This
				  rule establishes requirements for notification, investigation, and reporting in
				  the event of the death of a youth who is committed to the jurisdiction of the
				  Texas Juvenile Justice Department (TJJD).
(b) General Provisions. TJJD cooperates fully
				  in any external investigations into the death of a youth.
(c) Death of Youth Assigned to a Residential
				  Facility. This subsection applies to the death of a youth committed to TJJD
				  who, at the time of death, was assigned to a residential facility that is
				  operated by TJJD or a TJJD contractor.
(1) As
				  soon as reasonably possible after the death of a youth, TJJD notifies the
				  youth's parent/guardian. The notification is made in person whenever
				  possible.
(2) The TJJD Office of
				  Inspector General conducts a criminal investigation and, as appropriate,
				  notifies local law enforcement.
(3)
				  The TJJD division responsible for abuse, neglect, and exploitation
				  investigations conducts an administrative investigation in accordance with
				  §
											380.9333
				  of this title.
(4) TJJD requests an
				  autopsy regardless of the circumstances of the death.
(5) The TJJD medical director may convene a
				  morbidity and mortality review.
(6)
				  A TJJD staff member is made available to assist the parent/guardian with
				  coordinating certain necessary matters, such as returning the youth's
				  belongings and making funeral arrangements. If the parent/guardian is unable or
				  unwilling to make burial arrangements, TJJD ensures an appropriate
				  burial.
(7) In accordance with
				  Article 49.18 of the Texas Code of Criminal Procedure, TJJD submits a Custodial
				  Death Report to the Office of the Attorney General within 30 days after the
				  date of the death.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 385 - AGENCY MANAGEMENT AND OPERATIONS › Subchapter C - MISCELLANEOUS › Section 385.9969 - Collection of Delinquent Obligations

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Purpose. This rule sets forth procedures to establish and determine the
				  liability of each person responsible for an obligation to the Texas Juvenile
				  Justice Department (TJJD), whether that liability can be established by
				  statutory or common law. This rule also establishes procedures for collecting
				  delinquent obligations pursuant to §
										2107.002
				  of the Texas Government Code.
(b)
				  Applicability. This rule does not apply to delinquent obligations for child
				  support, which are processed according to §
										385.9967
				  of this title.
(c) Definitions. The
				  following words and terms have the following meanings when used in this rule.
(1) Attorney general - The Office of the
				  Attorney General of Texas, acting through its Bankruptcy and Collections
				  Division.
(2) Debtor - Any person
				  or entity liable or potentially liable for an obligation owed to TJJD or
				  against whom a claim or demand for payment has been made.
(3) Delinquent - Payment is past due by law
				  or by customary business practice, and all conditions precedent to payment have
				  occurred or been performed.
(4)
				  Make demand - To deliver or cause to be delivered by first class United States
				  mail a writing setting forth the nature and amount of the obligation owed to
				  TJJD.
(5) Demand letter - A writing
				  making demand.
(6) Obligation - A
				  debt, judgment, claim, account, fee, fine, tax, penalty, interest, loan,
				  charge, or grant.
(7) Security -
				  Any right to have property owned by an entity with an obligation to TJJD sold
				  or forfeited in satisfaction of the obligation; and any instrument granting a
				  cause of action in favor of the State of Texas and/or TJJD against another
				  entity and/or that entity's property, such as a bond, letter of credit, or
				  other collateral that has been pledged to TJJD to secure an
				  obligation.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 385 - AGENCY MANAGEMENT AND OPERATIONS › Subchapter C - MISCELLANEOUS › Section 385.9971 - Student Benefit Fund

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. This
				  rule establishes procedures for the deposit of funds into the student benefit
				  fund. The student benefit fund is used only for the education, recreation, or
				  entertainment of the youth in residential facilities operated by the Texas
				  Juvenile Justice Department (TJJD).
(b) General Provisions.
(1) Funds from the following sources are
				  designated as student benefit funds:
(A)
				  proceeds from canteens or vending machines at TJJD facilities in excess of the
				  amount required to pay the expense of operating those canteens or vending
				  machines;
(B) donations for youth
				  activities;
(C) proceeds from youth
				  fund-raising projects; and
(D)
				  contraband money deposited as a consequence of a Level II due process
				  hearing.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 385 - AGENCY MANAGEMENT AND OPERATIONS › Subchapter C - MISCELLANEOUS › Section 385.9975 - State Inscription

Current through Reg. 49, No. 28; July 12, 2024
(a) State-owned
				  vehicles used for the following purposes are not required to bear the
				  inscription required by Texas Transportation Code, Chapter 721:
(1) vehicles primarily used to transport
				  youth;
(2) vehicles used by staff
				  who are on 24-hour emergency call;
(3) vehicles used for regular travel away
				  from staff members' home base; or
(4) vehicles primarily used as part of the
				  agency's vehicle pool that are available for use by various personnel in
				  support of agency operations.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 385 - AGENCY MANAGEMENT AND OPERATIONS › Subchapter C - MISCELLANEOUS › Section 385.9981 - Sick Leave Pool and Family Leave Pool Administration

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. The
				  purpose of this rule is to establish a sick leave pool and a family leave pool
				  for Texas Juvenile Justice Department (TJJD) employees as mandated by Sections
				  661.002 and 661.022, Government Code.
(b) General Provisions.
(1) The director of human resources is the
				  pool administrator.
(2) All
				  contributions to the TJJD leave pools are voluntary.
(3) The donating employee may not designate a
				  specific employee to receive the donated hours.
(4) The following provisions apply to
				  employees who withdraw leave pool time that is beyond what they contributed.
(A) The pool administrator determines the
				  number of hours that an employee may withdraw from the pool; however, the
				  amount withdrawn may never exceed the lesser of:
(i) one-third of the total time in the pool;
				  or
(ii) 90 days.
(B) An employee absent on time
				  withdrawn from a leave pool may use the time as sick leave earned by the
				  employee, and the employee is treated for all purposes as if the employee were
				  absent on earned sick leave.
(C)
				  The estate of a deceased employee is not entitled to payment for unused time
				  withdrawn by the employee from a leave pool.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 385 - AGENCY MANAGEMENT AND OPERATIONS › Subchapter C - MISCELLANEOUS › Section 385.9990 - Vehicle Fleet Management

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Purpose. This rule establishes responsibilities for managing, assigning, and
				  using the Texas Juvenile Justice Department (TJJD) vehicle fleet, as required
				  by Texas Government Code §
										2171.1045.
				  This rule also adopts certain procedures mandated in the
Texas State
				  Vehicle Fleet Management Plan.
(b) Definitions.
(1) Fleet Manager--a TJJD employee who is
				  responsible for day-to-day agency-wide fleet management.
(2) Office of Vehicle Fleet Management
				  (OVFM)--the program within the state comptroller's Texas Procurement and
				  Support Services Division (TPASS) that developed, under the direction of the
				  State Council on Competitive Government, the
Texas
State Vehicle Fleet Management Plan
. The OVFM is responsible
				  for managing the state vehicle reporting system and has authority to establish
				  and to reduce an agency's fleet size.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 13 - TEXAS COMMISSION ON FIRE PROTECTION › Chapter 401 - ADMINISTRATIVE PRACTICE AND PROCEDURE › Subchapter A - GENERAL PROVISIONS AND DEFINITIONS › Section 401.1 - Purpose and Scope

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. The
				  purpose of this chapter is to provide a system of procedures for practice
				  before the commission that will promote the just and efficient disposition of
				  proceedings and public participation in the decision-making process. The
				  provisions of this chapter shall be given a fair and impartial construction to
				  attain these objectives.
(b) Scope.
(1) This chapter shall govern the initiation,
				  conduct, and determination of proceedings required or permitted by law in
				  matters regulated by the commission, whether instituted by order of the
				  commission or by the filing of an application, complaint, petition, or any
				  other pleading.
(2) This chapter
				  shall not be construed so as to enlarge, diminish, modify, or otherwise alter
				  the jurisdiction, powers, or authority of the commission, its staff, or the
				  substantive rights of any person.
(3) This chapter shall not apply to matters
				  related solely to the internal personnel rules and practices of this
				  agency.
(4) To the extent that any
				  provision of this chapter is in conflict with any statute or substantive rule
				  of the commission, the statute or substantive rule shall control.
(5) In matters referred to the State Office
				  of Administrative Hearings (SOAH), hearings or other proceedings are governed
				  by 1 TAC Chapter 155 (relating to Rules of Procedures) adopted by SOAH. To the
				  extent that any provision of this chapter is in conflict with SOAH Rules of
				  Procedures, the SOAH rules shall control.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 13 - TEXAS COMMISSION ON FIRE PROTECTION › Chapter 401 - ADMINISTRATIVE PRACTICE AND PROCEDURE › Subchapter A - GENERAL PROVISIONS AND DEFINITIONS › Section 401.5 - Delegation of Authority

Current through Reg. 49, No. 28; July 12, 2024
All decisions to suspend, revoke, or deny an application
					 for any certificate or approval, to reprimand or place on probation the holder
					 of such certificate or approval, or to impose an order for restitution,
					 remedial action, or administrative penalties pursuant to Government Code,
					 Chapter 419, shall be made by the Agency Chief or designee.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 13 - TEXAS COMMISSION ON FIRE PROTECTION › Chapter 401 - ADMINISTRATIVE PRACTICE AND PROCEDURE › Subchapter A - GENERAL PROVISIONS AND DEFINITIONS › Section 401.7 - Construction

Current through Reg. 49, No. 28; July 12, 2024
(a) A provision of a rule referring to the
				  commission or the chairman, or a provision of a rule referring to the Agency
				  Chief as the presiding officer, is construed to apply to the commission or
				  chairman, if the matter is within the jurisdiction of the commission, or to the
				  Agency Chief, if the matter is within the jurisdiction of the Agency
				  Chief.
(b) Unless otherwise
				  provided by law, any duty imposed on the commission, the chairman, or the
				  Agency Chief may be delegated to a duly authorized representative. In such
				  case, the provisions of any rule referring to the commission, the chairman, or
				  the Agency Chief shall be construed to also apply to the duly authorized
				  representative of the commission, the chairman, or the Agency Chief.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 13 - TEXAS COMMISSION ON FIRE PROTECTION › Chapter 401 - ADMINISTRATIVE PRACTICE AND PROCEDURE › Subchapter A - GENERAL PROVISIONS AND DEFINITIONS › Section 401.9 - Records of Official Action

Current through Reg. 49, No. 28; July 12, 2024
All official acts of the commission or the Agency Chief
					 shall be evidenced by a recorded or written record. Official action of the
					 commission or the Agency Chief shall not be bound or prejudiced by any informal
					 statement or opinion made by any member of the commission, the Agency Chief, or
					 the employees of the agency.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 13 - TEXAS COMMISSION ON FIRE PROTECTION › Chapter 401 - ADMINISTRATIVE PRACTICE AND PROCEDURE › Subchapter A - GENERAL PROVISIONS AND DEFINITIONS › Section 401.11 - Conduct of Commission and Advisory Meetings

Current through Reg. 49, No. 28; July 12, 2024
(a) Statements concerning items which are
				  part of the commission's posted agenda. Persons who desire to make
				  presentations to the commission concerning matters on the agenda for a
				  scheduled commission or fire fighter advisory committee meeting shall complete
				  registration cards which shall be made available at the entry to the place
				  where the scheduled meeting is to be held. The registration cards shall include
				  blanks in which all of the following information must be disclosed:
(1) name of the person making a
				  presentation;
(2) a statement as to
				  whether the person is being reimbursed for the presentation; and if so, the
				  name of the person or entity on whose behalf the presentation is
				  made;
(3) a statement as to whether
				  the presenter has registered as a lobbyist in relationship to the matter in
				  question;
(4) a reference to the
				  agenda item which the person wishes to discuss before the commission;
(5) an indication as to whether the presenter
				  wishes to speak for or against the proposed agenda item; and
(6) a statement verifying that all factual
				  information to be presented shall be true and correct to the best of the
				  knowledge of the speaker.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 13 - TEXAS COMMISSION ON FIRE PROTECTION › Chapter 401 - ADMINISTRATIVE PRACTICE AND PROCEDURE › Subchapter A - GENERAL PROVISIONS AND DEFINITIONS › Section 401.13 - Computation of Time

Current through Reg. 49, No. 28; July 12, 2024
(a) Computing Time.
				  In computing any period of time prescribed or allowed by these rules, by order
				  of the Agency, or by any applicable statute, the period shall begin on the day
				  after the act, event, or default in controversy and conclude on the last day of
				  such computed period, unless it be a Saturday, Sunday, or a legal holiday, in
				  which event, the period runs until the end of the next day which is neither a
				  Saturday, Sunday, nor a legal holiday. A party or attorney of record notified
				  under §
										401.61 of this title (relating to
				  Record) is deemed to have been notified on the date which notice is
				  sent.
(b) Extensions. Unless
				  otherwise provided by statute, the time for filing any pleading, except a
				  notice of protest, may be extended by order of the Agency Chief or designee,
				  upon the following conditions:
(1) A written
				  motion must be duly filed with the Agency Chief or designee prior to the
				  expiration of the applicable period of time allowed for such filings.
(2) The written motion must show good cause
				  for such extension and that the need is not caused by the neglect,
				  indifference, or lack of diligence on the part of the movant.
(3) A copy of any such motion shall be served
				  upon all other parties of record to the proceeding contemporaneously with the
				  filing thereof.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 13 - TEXAS COMMISSION ON FIRE PROTECTION › Chapter 401 - ADMINISTRATIVE PRACTICE AND PROCEDURE › Subchapter A - GENERAL PROVISIONS AND DEFINITIONS › Section 401.15 - Agreements To Be in Writing

Current through Reg. 49, No. 28; July 12, 2024
(a) Unless
				  precluded by law, informal disposition may be made of any contested case by
				  stipulation, agreed settlement, consent order, or default.
(b) No stipulation or agreement between the
				  parties, their attorneys or representatives, with regard to any matter involved
				  in any proceeding before the Agency, shall be enforced unless it shall have
				  been reduced to writing and signed by the parties or their authorized
				  representatives, or unless it shall have been dictated into the record by them
				  during the course of a hearing, or incorporated in an order bearing their
				  written approval. This rule does not limit a party's ability to waive, modify,
				  or stipulate any right or privilege afforded by these rules, unless precluded
				  by law.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 13 - TEXAS COMMISSION ON FIRE PROTECTION › Chapter 401 - ADMINISTRATIVE PRACTICE AND PROCEDURE › Subchapter B - RULEMAKING PROCEEDINGS › Section 401.17 - Requirements

Current through Reg. 49, No. 28; July 12, 2024
Except for the requirements of mandatory rule development
					 by the fire fighter advisory committee provided for by law, the procedure for
					 rulemaking is governed by Subchapter B of the Administrative Procedure Act
					 (APA).
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 13 - TEXAS COMMISSION ON FIRE PROTECTION › Chapter 401 - ADMINISTRATIVE PRACTICE AND PROCEDURE › Subchapter B - RULEMAKING PROCEEDINGS › Section 401.19 - Petition for Adoption of Rules

Current through Reg. 49, No. 28; July 12, 2024
(a) Any
				  person may petition the commission requesting the adoption of a new rule or an
				  amendment to an existing rule as authorized by the APA,
				  §2001.021.
(b) Petitions shall
				  be sent to the Agency Chief. Petitions shall be deemed sufficient if they
				  contain:
(1) the name and address of the
				  person or entity on whose behalf the application is filed;
(2) specific reference to the existing rule
				  which is proposed to be changed, amended, or repealed;
(3) the exact wording of the new, changed, or
				  amended proposed rule with new language underlined and deleted language dashed
				  out;
(4) the proposed effective
				  date; and
(5) a justification for
				  the proposed action set out in narrative form with sufficient particularity to
				  inform the commission and any other interested person of the reasons and
				  arguments on which the petitioner is relying.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 13 - TEXAS COMMISSION ON FIRE PROTECTION › Chapter 401 - ADMINISTRATIVE PRACTICE AND PROCEDURE › Subchapter C - EXAMINATION APPEALS PROCESS › Section 401.21 - Examination Challenge

Current through Reg. 49, No. 28; July 12, 2024
(a) An examinee who
				  seeks to challenge the failure of an examination must submit a written request
				  to the Agency Chief or his designee to discuss informal disposition of the
				  complaint(s).
(b) An examination
				  may be challenged only on the basis of examination content, failure to comply
				  with commission rules by a certified training facility, or problems in the
				  administration of the examination.
(c) The written request must identify the
				  examinee, the specific examination taken, the date of the examination, and the
				  basis of the appeal.
(d) An
				  examinee who challenges the content of an examination must identify the subject
				  matter of the question(s) challenged and is not entitled to review the
				  examination due to the necessity of preserving test security.
(e) The request must be submitted within 30
				  days from the date the grade report is posted on the website.
(f) Commission staff shall schedule a
				  preliminary staff conference with the applicant in accordance with §
										401.41 of this title (relating to
				  Preliminary Staff Conference) to discuss the challenge within 30 days of the
				  request or as soon as practical. The examinee may accept or reject the
				  settlement recommendations of the commission staff. If the examinee rejects the
				  proposed agreement, the examinee must request in writing a formal
				  administrative hearing as described in Subchapter F of this chapter (relating
				  to Contested Cases) within 30 days of the action complained of.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 13 - TEXAS COMMISSION ON FIRE PROTECTION › Chapter 401 - ADMINISTRATIVE PRACTICE AND PROCEDURE › Subchapter C - EXAMINATION APPEALS PROCESS › Section 401.23 - Examination Waiver Request

Current through Reg. 49, No. 28; July 12, 2024
(a) An
				  individual who is required to take a commission examination may petition the
				  commission for a waiver of the examination if the person's certificate or
				  eligibility expired because of a good faith clerical error on the part of the
				  individual or an employing entity.
(b) The waiver request must include a sworn
				  statement together with any supporting documentation that evidences the
				  applicant's good faith efforts to comply with commission requirements and that
				  failure to comply was due to circumstances beyond the control of the
				  certificate holder or applicant.
(c) Commission staff shall schedule a
				  preliminary staff conference with the applicant in accordance with §
										401.41
				  of this title (relating to Preliminary Staff Conference) to discuss the waiver
				  request within 30 days of the request, or as soon as practical. The applicant
				  may accept or reject the settlement recommendations of the commission staff. If
				  the examinee rejects the proposed agreement, the applicant must request in
				  writing a formal administrative hearing as described in Subchapter F of this
				  chapter (relating to Contested Cases) within 30 days of the action complained
				  of.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 13 - TEXAS COMMISSION ON FIRE PROTECTION › Chapter 401 - ADMINISTRATIVE PRACTICE AND PROCEDURE › Subchapter D - DISCIPLINARY PROCEEDINGS › Section 401.31 - Disciplinary Proceedings in Contested Cases

Current through Reg. 49, No. 28; July 12, 2024
(a) If the commission staff recommends
				  administrative penalties or any other sanction for alleged violations of laws
				  or rules, the respondent may request a preliminary staff conference.
(b) Commission staff shall schedule a
				  preliminary staff conference with the applicant to discuss the alleged
				  violations of laws or rules within 30 days of the request or as soon as
				  practical. The respondent may accept or reject the settlement recommendations
				  of the commission staff. If the respondent rejects the proposed agreement, the
				  respondent must request in writing a formal administrative hearing as described
				  in Subchapter F of this chapter (relating to Contested Cases) within 30 days of
				  the notice of the staff's recommended disciplinary action.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 13 - TEXAS COMMISSION ON FIRE PROTECTION › Chapter 401 - ADMINISTRATIVE PRACTICE AND PROCEDURE › Subchapter F - CONTESTED CASES › Section 401.51 - Opportunity for Hearing

Current through Reg. 49, No. 28; July 12, 2024
In general, except as otherwise provided by law, the
					 procedure for the grant, denial, renewal, revocation, suspension, annulment, or
					 withdrawal of a certificate is governed by Government Code, Chapter 2001,
					 pertaining to Administrative Procedures and by 1 TAC Chapter 155 (relating to
					 Rules of Procedures) adopted by SOAH.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 13 - TEXAS COMMISSION ON FIRE PROTECTION › Chapter 401 - ADMINISTRATIVE PRACTICE AND PROCEDURE › Subchapter F - CONTESTED CASES › Section 401.53 - Contested Case Hearing

Current through Reg. 49, No. 28; July 12, 2024
(a) The commission
				  appoints SOAH to be its finder of fact in contested cases. The commission does
				  not delegate to the hearings officer and retains for itself the right to
				  determine the sanctions and make the final decision in a contested
				  case.
(b) SOAH hearings of
				  contested cases shall be conducted in accordance with the APA by a hearings
				  officer assigned by SOAH. Jurisdiction over the case is acquired by SOAH when
				  the commission staff files a request to docket case.
(c) The commission may serve the notice of
				  hearing on the respondent at his or her last known address as shown by
				  commission records. The notice may be served by registered U.S. mail or by
				  certified mail, return receipt requested.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 13 - TEXAS COMMISSION ON FIRE PROTECTION › Chapter 401 - ADMINISTRATIVE PRACTICE AND PROCEDURE › Subchapter F - CONTESTED CASES › Section 401.57 - Filing of Exceptions and Replies to Proposal for Decision

Current through Reg. 49, No. 28; July 12, 2024
(a) A copy of the proposal for decision in a
				  contested case shall be simultaneously delivered or mailed by certified mail,
				  return receipt requested, to each party representative of record.
(b) Exceptions to the proposal for decision
				  shall be filed within 20 days of the date of the proposal for
				  decision.
(c) Replies to exceptions
				  shall be filed within 15 calendar days after the date of filing of the
				  exceptions and briefs.
(d) The
				  exceptions shall be specifically and concisely stated. The evidence relied upon
				  shall be stated with particularity, and any evidence or arguments relied upon
				  shall be grouped under the exceptions to which they relate.
(e) The hearings officer will rule on all
				  exceptions, briefs, replies, and requests for extension of time and notify the
				  parties of decisions and any amendments to the proposal for decision.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 13 - TEXAS COMMISSION ON FIRE PROTECTION › Chapter 401 - ADMINISTRATIVE PRACTICE AND PROCEDURE › Subchapter F - CONTESTED CASES › Section 401.59 - Orders

Current through Reg. 49, No. 28; July 12, 2024
After the time for filing exceptions and replies to
					 exceptions expires, the hearings officer's proposal for decision will be
					 considered by the Agency Chief and either adopted or modified and adopted. All
					 final decisions or orders of the commission or the Agency Chief shall be in
					 writing and signed. A final decision shall include findings of fact and
					 conclusions of law separately stated. Findings of fact, if set forth in
					 statutory language, shall be accomplished by a concise and explicit statement
					 of the underlying facts supporting the findings. Parties shall be notified
					 either personally or by certified mail of any decision or order, and a copy of
					 the decision or order shall be delivered or mailed to any party and to his or
					 her authorized representative.