reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 967 - Client Care of Individuals Receiving Services at State Supported Living Centers › Subchapter B - Use of Restraints in State Supported Living Centers › Section 967.39 - Release

Current through Reg. 49, No. 28; July 12, 2024
(a) An individual
				  who is restrained as a result of a behavioral crisis must be released from
				  restraint as soon as he or she no longer poses an imminent risk of physical
				  harm to self or others.
(b) The PCP
				  or appropriate provider must determine the release criteria for an individual
				  restrained in response to imminent harm resulting from a medical or dental
				  procedure.
(c) For mechanical
				  restraints used for protection from self-injurious behavior, removal of
				  restraints must follow the individual's protective mechanical restraint plan
				  for self-injurious behavior. A fading schedule, designed to phase out the use
				  of a restraint device, must be reviewed by the IDT, including the PCP and
				  appropriate therapists, each month and adjusted to permit the maximum safe time
				  out of restraints.
(d) If an
				  individual experiences a medical emergency while in restraint, staff must
				  release the individual from the restraint immediately and ensure that the
				  medical emergency is promptly addressed according to statewide and facility
				  policies and procedures.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 967 - Client Care of Individuals Receiving Services at State Supported Living Centers › Subchapter B - Use of Restraints in State Supported Living Centers › Section 967.41 - Reporting, Tracking, and Documentation

Current through Reg. 49, No. 28; July 12, 2024
(a) Staff must report and investigate a
				  serious injury or death occurring during restraint or within 24 hours after the
				  release from a restraint in accordance with statewide policy on incident
				  management.
(b) The facility must
				  review the use of each restraint in a timely manner to determine whether the
				  application of restraint was justified, the restraint was applied correctly,
				  injuries occurred, or factors exist that, if modified, may prevent the future
				  use of restraint.
(c) A pharmacist
				  and psychiatrist must conduct a clinical review of each chemical restraint in a
				  timely manner to determine whether the restraint was clinically justified, to
				  identify any potential medication-related risks, and to make any applicable
				  recommendations to the IDT.
(d) The
				  IDT, with a determination of risk of physical harm made by the PCP, must review
				  the continued application of restraint in response to risk from documented
				  self-injurious behavior monthly to determine whether current risk warrants
				  continuing the restraint, to analyze the effectiveness of the fading plan, and
				  to adjust the time without restraint, if possible to safely do so.
(e) The IDT must review an individual
				  restrained in response to a behavioral crisis or medical or dental intervention
				  at least quarterly to assess progress in changing the circumstances that lead
				  to the use of restraint.
(f) A
				  facility must track, trend, and analyze data regarding the application of
				  restraints in accordance with statewide policy on the use of restraints to
				  identify issues or emerging trends and to develop appropriate
				  responses.
(g) DADS must report the
				  restraint of an individual to the executive commissioner.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 967 - Client Care of Individuals Receiving Services at State Supported Living Centers › Subchapter C - Consent Or Authorization For The Administration Of Psychotropic Medication At State Supported Living Centers › Section 967.77 - Legally Adequate Consent or Authorization for Non-Emergency Administration of Psychotropic Medication

Current through Reg. 49, No. 28; July 12, 2024
(a) A facility must obtain legally adequate
				  consent or authorization for non-emergency administration of psychotropic
				  medication in accordance with subsection (b) or (c) of this section, unless the
				  administration of the medication is authorized by an order issued under THSC
				  §592.156:
(1) before the initial
				  administration of each class of psychotropic medication and annually
				  thereafter; and
(2) before the
				  administration of a dosage of psychotropic medication that is not within the
				  dosage range for which consent or authorization has been
				  given.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 967 - Client Care of Individuals Receiving Services at State Supported Living Centers › Subchapter C - Consent Or Authorization For The Administration Of Psychotropic Medication At State Supported Living Centers › Section 967.79 - Administration of Psychotropic Medication during a Medication-Related Emergency

Current through Reg. 49, No. 28; July 12, 2024
(a) A facility
				  may administer psychotropic medication to an individual who is having a
				  medication-related emergency without consent, authorization, or a court
				  order.
(b) If psychotropic
				  medication is administered in accordance with subsection (a) of this section, a
				  physician must:
(1) issue an order to
				  administer the psychotropic medication in a manner that is consistent with
				  clinically appropriate medical care and that is the least restrictive of the
				  individual's personal liberty; and
(2) document in the individual's active
				  record, in specific medical or behavioral terms, the necessity of the order and
				  that the physician has evaluated but rejected other generally accepted, less
				  intrusive forms of treatment, if any.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 967 - Client Care of Individuals Receiving Services at State Supported Living Centers › Subchapter C - Consent Or Authorization For The Administration Of Psychotropic Medication At State Supported Living Centers › Section 967.81 - Refusal of Psychotropic Medication

Current through Reg. 49, No. 28; July 12, 2024
(a) An individual has the right to refuse to
				  take psychotropic medication.
(b)
				  An individual's refusal to take psychotropic medication may be demonstrated
				  through written or oral communication or behavior that indicates an objection
				  to the medication, including refusing or pretending to swallow medication, or
				  refusing to submit to hypodermic injection of medication.
(c) An individual's LAR may refuse to consent
				  to the administration of psychotropic medication on the individual's
				  behalf.
(d) The director may refuse
				  to authorize the administration of psychotropic medication for an
				  individual.
(e) A facility must
				  document in the active record of an individual who refuses to take psychotropic
				  medication, whose LAR refuses to consent to the administration of psychotropic
				  medication, or for whom the director refuses to authorize the administration of
				  psychotropic medication:
(1) the individual's
				  refusal to take psychotropic medication and the manner in which the individual
				  demonstrated his refusal to take the psychotropic medication;
(2) the LAR's refusal to consent to the
				  administration of psychotropic medication on the individual's behalf;
				  or
(3) the director's refusal to
				  authorize the administration of psychotropic medication to the
				  individual.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 967 - Client Care of Individuals Receiving Services at State Supported Living Centers › Subchapter C - Consent Or Authorization For The Administration Of Psychotropic Medication At State Supported Living Centers › Section 967.83 - Order Authorizing Administration of Psychotropic Medication

Current through Reg. 49, No. 28; July 12, 2024
In accordance with THSC §592.154, a treating physician
					 may file an application in a probate court or a court with probate jurisdiction
					 on behalf of the State of Texas for an order authorizing the administration of
					 a psychotropic medication to an individual if:
(1) the individual refuses to take the
				  psychotropic medication;
(2) the
				  treating physician believes that the individual lacks the capacity to make a
				  decision regarding the administration of the psychotropic medication;
(3) the treating physician determines that
				  the psychotropic medication is the proper course of treatment for the
				  individual;
(4) the individual does
				  not have an LAR; and
(5) the
				  individual:
(A) has been committed to a
				  facility involuntarily under:
(i) THSC,
				  Chapter 593, Subchapter C;
(ii)
				  Texas Code of Criminal Procedure, Chapter 46B or 46C; or
(iii) Texas Family Code, Chapter
				  55;
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 967 - Client Care of Individuals Receiving Services at State Supported Living Centers › Subchapter C - Consent Or Authorization For The Administration Of Psychotropic Medication At State Supported Living Centers › Section 967.85 - Effect of Order

Current through Reg. 49, No. 28; July 12, 2024
(a) An individual's
				  consent to take a psychotropic medication is not valid and may not be relied on
				  if the individual is subject to an order issued under THSC
				  §592.156.
(b) The issuance of
				  an order under THSC §592.156 is not a determination or an adjudication of
				  mental incompetency and does not limit in any other respect the individual's
				  rights as a citizen or the individual's property rights or legal
				  capacity.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 985 - HUMAN IMMUNODEFICIENCY VIRUS PREVENTION AND TREATMENT IN STATE SUPPORTED LIVING CENTERS › Section 985.1 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
The purpose of this chapter is to describe efforts to prevent
				  and treat the human immunodeficiency virus (HIV) or acquired immune deficiency
				  syndrome (AIDS) for people receiving services from state supported living
				  centers (SSLCs) operated by the Texas Health and Human Services Commission.
				  This chapter also describes workplace guidelines for HHSC contractors providing
				  services to individuals served by the SSLCs.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 985 - HUMAN IMMUNODEFICIENCY VIRUS PREVENTION AND TREATMENT IN STATE SUPPORTED LIVING CENTERS › Section 985.3 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this chapter,
				  shall have the following meanings, unless the context indicates
				  otherwise.
(1) Acquired immune
				deficiency syndrome (AIDS)--As defined by the Centers for Disease Control and
				Prevention of the U.S. Department of Health and Human Services.
(2) Individual--A person who is receiving
				services at an SSLC.
(3) State
				Supported Living Center (SSLC)--A state supported living center as defined by
				Texas Health and Safety Code §
									531.002 and
				the intermediate care facility for individuals with intellectual disabilities
				component of the Rio Grande State Center operated by the Texas Health and Human
				Services Commission.
(4) Test
				results--Any statement that indicates that an identifiable individual has or
				has not been tested for the acquired immune deficiency syndrome (AIDS) or human
				immunodeficiency virus (HIV) infection, antibodies to HIV, or infection with
				any other probable causative agent of AIDS, including a statement or assertion
				that the person is positive, negative, at risk, or has or does not have a
				certain level of antigen or antibody.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 985 - HUMAN IMMUNODEFICIENCY VIRUS PREVENTION AND TREATMENT IN STATE SUPPORTED LIVING CENTERS › Section 985.4 - Education

Current through Reg. 49, No. 28; July 12, 2024
(a) Texas Health and
				Safety Code §
									85.113
				requires an entity that contracts with the Texas Health and Human Services
				Commission (HHSC) to operate a program involving direct client contact to adopt
				and implement human immunodeficiency virus (HIV) and acquired immune deficiency
				syndrome (AIDS) workplace guidelines similar to the guidelines adopted by the
				agency. A contractor operating a program involving direct client contact with
				an individual must follow the HIV/AIDS Model Workplace Guidelines for
				Businesses, State Agencies, and State Contractors listed on the Department of
				State Health Services website.
(b)
				Texas Health and Safety Code §
									85.114
				requires HIV and AIDS education for individuals served at SSLCs. HIV/AIDS
				education, including risk reduction, must be tailored to each individual and
				routinely made available to all individuals or their legally authorized
				representative. If education cannot be provided, the reasons must be documented
				in the individual's medical record.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 985 - HUMAN IMMUNODEFICIENCY VIRUS PREVENTION AND TREATMENT IN STATE SUPPORTED LIVING CENTERS › Section 985.5 - Counseling

Current through Reg. 49, No. 28; July 12, 2024
Each individual to be screened shall be offered pre- and
				  post- HIV/AIDS test counseling from trained counselors. For individuals who are
				  likely to be discharged from the state supported living center prior to receipt
				  of test results, consent should be obtained from the individual or their
				  legally authorized representative (LAR) to refer the individual to the local
				  public health department for further HIV/AIDS treatment services. Prior to
				  referral, consent should also be obtained from the individual or their LAR to
				  send the individual's test results to the local public health
				  department.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 985 - HUMAN IMMUNODEFICIENCY VIRUS PREVENTION AND TREATMENT IN STATE SUPPORTED LIVING CENTERS › Section 985.6 - Limitation of an Individual's Activity

Current through Reg. 49, No. 28; July 12, 2024
The behavioral and medical considerations of each individual
				  will be evaluated by the attending physician with appropriate consultation, and
				  only those restrictions recognized to be necessary relative to the containment
				  of infection in each case will be imposed.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 990 - ANATOMICAL GIFT › Section 990.1 - Anatomical Gift Form

Current through Reg. 49, No. 28; July 12, 2024
(a) A state
				supported living center (SSLC) resident's guardian may notify the SSLC of an
				anatomical gift by signing a form indicating the resident's guardian elects to
				make an anatomical gift on behalf of the resident in accordance with Health and
				Safety Code, Chapter 692A.
(b) An
				SSLC resident's guardian may elect to make an anatomical gift on behalf of the
				resident in accordance with Health and Safety Code, Chapter 692A, without
				signing the form prescribed by this section.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 1 - GENERAL ADMINISTRATION › Subchapter A - RULES OF PRACTICE AND PROCEDURE › Division 1 - GENERAL PROCEDURAL PROVISIONS › Section 1.1 - Objective and Scope

Current through Reg. 49, No. 28; July 12, 2024
The objective of these sections is to obtain a just,
						fair, and equitable determination of any matter within the jurisdiction of the
						board, the commissioner or the fire marshal. To the end that this objective may
						be attained with the greatest expedition and at the least expense as possible
						to the parties and the state, these rules shall be given a liberal
						construction. Except as provided by other applicable law, these rules govern
						the procedure for the institution, conduct, and determination of proceedings
						before the board, the commissioner, or the fire marshal. Sections 1.27-1.54,
						1.59, and 1.60 of these sections do not govern certain special procedures
						permitted or authorized by law, including, but not limited to, the special
						procedures specified in the Insurance Code, Article 1.33, and the Insurance
						Code, Chapter 5, Subchapter L, and the rules promulgated thereunder, pursuant
						to which the State Board of Insurance may hold hearings or meetings or take
						other action in a manner not required by law to be conducted in accordance with
						those sections or as a contested case or rule-making procedure under the
						Administrative Procedure and Texas Register Act. These sections do not apply to
						matters related solely to the internal personnel rules and practices of this
						agency. The provisions of the Act govern where ambiguity or differences exist
						between these sections and the Act.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 1 - GENERAL ADMINISTRATION › Subchapter A - RULES OF PRACTICE AND PROCEDURE › Division 1 - GENERAL PROCEDURAL PROVISIONS › Section 1.3 - Construction

Current through Reg. 49, No. 28; July 12, 2024
(a) A provision of a section referring to the
					 board, the commissioner, or the fire marshal, or a provision referring to the
					 presiding officer, is construed to apply to the board or the chairman if the
					 matter is within the jurisdiction of the board, to the commissioner if the
					 matter is within the jurisdiction of the commissioner, or to the fire marshal
					 if the matter is within the jurisdiction of the fire marshal.
(b) Unless otherwise provided by law, any
					 duty imposed on the board, the chairman, the commissioner, or the fire marshal
					 may be delegated to a duly authorized representative. In such case, the
					 provisions of any section referring to the board, the chairman, the
					 commissioner, or the fire marshal shall be construed to also apply to the duly
					 authorized representative(s) of the board, the chairman, the commissioner, or
					 the fire marshal.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 1 - GENERAL ADMINISTRATION › Subchapter A - RULES OF PRACTICE AND PROCEDURE › Division 1 - GENERAL PROCEDURAL PROVISIONS › Section 1.4 - Records of Official Action

Current through Reg. 49, No. 28; July 12, 2024
All official acts of the board, the commissioner, or the
						fire marshal shall be evidenced by a recorded or written record. The minutes of
						the board constitute a written record. Official action of the board, the
						commissioner, or the fire marshal shall not be bound or prejudiced by any
						informal statement or opinion made by any member of the board, the
						commissioner, the fire marshal, or the employees of the
						agency.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 1 - GENERAL ADMINISTRATION › Subchapter A - RULES OF PRACTICE AND PROCEDURE › Division 1 - GENERAL PROCEDURAL PROVISIONS › Section 1.5 - Hearings

Current through Reg. 49, No. 28; July 12, 2024
A hearing shall be held prior to the board, the
						commissioner, or the fire marshal entering any final order or decision if
						required by law. In other cases, the board, the commissioner, or the fire
						marshal may, at their discretion, hold a hearing prior to entering a final
						order.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 1 - GENERAL ADMINISTRATION › Subchapter A - RULES OF PRACTICE AND PROCEDURE › Division 1 - GENERAL PROCEDURAL PROVISIONS › Section 1.6 - Conduct and Decorum

Current through Reg. 49, No. 28; July 12, 2024
Conduct and decorum shall be maintained and enforced by
						the presiding officer. Every party, witness, attorney, or other representative
						shall participate in all proceedings with proper dignity, courtesy, and respect
						for the agency and all other parties. Attorneys and other representatives of
						parties shall observe and practice a high standard of ethical
						behavior.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 1 - GENERAL ADMINISTRATION › Subchapter A - RULES OF PRACTICE AND PROCEDURE › Division 1 - GENERAL PROCEDURAL PROVISIONS › Section 1.7 - Computation of Time

Current through Reg. 49, No. 28; July 12, 2024
Unless otherwise required by law, in computing any period
						of time prescribed or allowed by these sections, the date of the act, event, or
						default after which the designated period of time begins to run is not to be
						included, and the last day of the period so computed is to be included, unless
						it is 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.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 1 - GENERAL ADMINISTRATION › Subchapter A - RULES OF PRACTICE AND PROCEDURE › Division 1 - GENERAL PROCEDURAL PROVISIONS › Section 1.8 - Appearances and Right to Attorney

Current through Reg. 49, No. 28; July 12, 2024
A person appearing at any proceeding may be represented
						by a licensed attorney or by any duly authorized
						representative.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 1 - GENERAL ADMINISTRATION › Subchapter A - RULES OF PRACTICE AND PROCEDURE › Division 1 - GENERAL PROCEDURAL PROVISIONS › Section 1.9 - Failure To Appear at Hearing

Current through Reg. 49, No. 28; July 12, 2024
Even though some or all of the parties fail to appear in
						person or through their duly authorized representatives, the board, the
						commissioner, or the fire marshal may consider fully and dispose of the matter
						pending if notice has been given in accordance with law. Such consideration and
						decision shall be on the basis of the entire record in the
						proceedings.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 1 - GENERAL ADMINISTRATION › Subchapter A - RULES OF PRACTICE AND PROCEDURE › Division 1 - GENERAL PROCEDURAL PROVISIONS › Section 1.10 - Recordings of Hearings

Current through Reg. 49, No. 28; July 12, 2024
Records of hearings shall be made by shorthand,
						mechanical, or electronic recordings at the discretion of the presiding
						officer, board, the commissioner, or the fire marshal.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 1 - GENERAL ADMINISTRATION › Subchapter A - RULES OF PRACTICE AND PROCEDURE › Division 1 - GENERAL PROCEDURAL PROVISIONS › Section 1.11 - Order of Presentation

Current through Reg. 49, No. 28; July 12, 2024
Unless the order of presentation at a hearing is
						otherwise directed by the presiding officer, the agency, party, or person who
						initiated the proceedings or its duly authorized representative shall briefly
						state the nature of the matter to be heard and proceed with the introduction of
						evidence. Other interested persons or parties shall proceed in like manner in
						such order as the presiding officer may direct. At the conclusion of all the
						evidence, the presiding officer may, at his or her discretion, allow oral
						arguments.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 1 - GENERAL ADMINISTRATION › Subchapter A - RULES OF PRACTICE AND PROCEDURE › Division 1 - GENERAL PROCEDURAL PROVISIONS › Section 1.12 - Testimony under Oath

Current through Reg. 49, No. 28; July 12, 2024
In any hearing, the presiding officer shall administer an
						oath or affirmation before taking testimony from a witness.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 1 - GENERAL ADMINISTRATION › Subchapter A - RULES OF PRACTICE AND PROCEDURE › Division 1 - GENERAL PROCEDURAL PROVISIONS › Section 1.13 - Limitations on Number of Witnesses

Current through Reg. 49, No. 28; July 12, 2024
The presiding officer has the right in any proceeding to
						limit the number of witnesses whose testimony will be repetitious and to set
						time limits in order to exclude irrelevant, immaterial, or unduly repetitious
						testimony so long as all viewpoints are given a reasonable opportunity to be
						heard.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 1 - GENERAL ADMINISTRATION › Subchapter A - RULES OF PRACTICE AND PROCEDURE › Division 1 - GENERAL PROCEDURAL PROVISIONS › Section 1.14 - Motions during Hearings

Current through Reg. 49, No. 28; July 12, 2024
Except as provided in §
											1.31
						of this title (relating to Agreements To Be in Writing), any motion made during
						a hearing need not be in writing unless the presiding officer so
						directs.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 1 - GENERAL ADMINISTRATION › Subchapter A - RULES OF PRACTICE AND PROCEDURE › Division 1 - GENERAL PROCEDURAL PROVISIONS › Section 1.15 - Exhibits

Current through Reg. 49, No. 28; July 12, 2024
(a) Exhibits shall be of such size as not to
					 encumber the files and records of the agency. They shall be limited to facts
					 material and relevant to the issues involved in a particular proceeding. The
					 presiding officer, at the request of the person introducing an exhibit, may
					 instruct the hearings reporter to make a copy and return the original. The copy
					 shall have the same evidentiary value as the original.
(b) If an exhibit has been identified,
					 objected to, and excluded, the offering party may elect to withdraw it and have
					 it returned. In a contested case, if the excluded exhibit is not withdrawn, it
					 shall be given an exhibit number for identification, endorsed by the presiding
					 officer with the ruling, and included in the record for the purpose of
					 preserving the exception.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 1 - GENERAL ADMINISTRATION › Subchapter A - RULES OF PRACTICE AND PROCEDURE › Division 1 - GENERAL PROCEDURAL PROVISIONS › Section 1.16 - Effective Date of Official Acts or Orders in Nonrulemaking and Noncontested Case Matters

Current through Reg. 49, No. 28; July 12, 2024
The effective date of official acts or orders of the
						board, the commissioner, or the fire marshal in nonrulemaking and noncontested
						matters is the first date it may legally become effective unless the instrument
						provides for a different effective date.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 1 - GENERAL ADMINISTRATION › Subchapter A - RULES OF PRACTICE AND PROCEDURE › Division 1 - GENERAL PROCEDURAL PROVISIONS › Section 1.18 - Stay of Official Acts or Orders

Current through Reg. 49, No. 28; July 12, 2024
A request for hearing does not of itself stay an official
						act or order unless the official act or order is stayed by controlling
						law.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 1 - GENERAL ADMINISTRATION › Subchapter A - RULES OF PRACTICE AND PROCEDURE › Division 1 - GENERAL PROCEDURAL PROVISIONS › Section 1.27 - Official Action To Be Taken

Current through Reg. 49, No. 28; July 12, 2024
Neither the board, the commissioner, nor the fire marshal
						may take official action in a contested case unless it is formally pending for
						adjudication, and unless it is a real case, controversy, or issue. Provided,
						however, an official ruling or opinion may be made in advance on any matter at
						the discretion of the board, the commissioner, or the fire marshal, unless
						precluded by law, if it is shown that unreasonable hardship, loss, or delay
						would result if the matter were not determined in advance. This section does
						not in any manner limit the right to an adjudicative hearing as provided by
						law, and shall not be interpreted as limiting the right of the board, the
						commissioner, or the fire marshal, on its own motion, to cause matters to
						become formally pending and to perform any function or duty prescribed by law
						or rule of the board.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 1 - GENERAL ADMINISTRATION › Subchapter A - RULES OF PRACTICE AND PROCEDURE › Division 1 - GENERAL PROCEDURAL PROVISIONS › Section 1.28 - Notice and Service

Current through Reg. 49, No. 28; July 12, 2024
(a) Notice in a
					 contested case is governed by the Act (see §13) except where alternative
					 procedures are permitted by law.
(b) In addition to any requirement of notice
					 provided in this rule, notice of revocation, suspension, annulment, or
					 withdrawal of a license shall comport with the Act, §18(c).
(c) Deposit in the United States mails of a
					 registered or certified letter, return receipt requested, containing a notice
					 of a hearing in compliance with the requirements specified by this rule, or
					 containing a copy of any decision or order addressed to the affected party or
					 the attorney of record for the party, sent to the party's last known address or
					 the attorney's last known address, shall constitute notice of the hearing or of
					 such decision or order. The date of deposit as hereinabove provided is the date
					 of the act, after which any designated period of time begins to run as provided
					 in §
											1.7 of this
					 title (relating to Computation of Time). Provided, in a case involving an
					 identifiable segment of the insurance industry, the board may effect notice by
					 deposit of the letter in the United States mail with first class postage
					 prepaid and sent to the licensees at their last known address as shown by the
					 records of this agency.
(d) A copy
					 of any pleading filed by any party in a proceeding shall be mailed or otherwise
					 delivered by the party filing the same to every other party or such party's
					 attorney of record. A certificate by the party, attorney, or representative who
					 files a pleading, stating that it has been served on the other parties, is
					 prima facie evidence of such service. The following form of certificate is
					 sufficient: I hereby certify that I have this ____ day of __________, ____,
					 served copies of the foregoing pleading upon all other parties to this
					 proceeding, by (here state the manner of service). By: ______________________
					 Signature.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 1 - GENERAL ADMINISTRATION › Subchapter A - RULES OF PRACTICE AND PROCEDURE › Division 1 - GENERAL PROCEDURAL PROVISIONS › Section 1.29 - Pleadings

Current through Reg. 49, No. 28; July 12, 2024
(a) In a contested case all pleadings for
					 which no other form is prescribed shall contain:
(1) the name of the party seeking to bring
					 about or prevent action by the agency;
(2) the names of all other known
					 parties;
(3) a concise statement of
					 the facts relied upon by the pleader;
(4) a prayer stating the type of relief,
					 action, or order desired by the pleader;
(5) any other matter required by
					 statute;
(6) a certificate of
					 service, as required by §
												1.28 of this
					 title (relating to Notice and Service); and
(7) the signature of the submitting party or
					 the party's authorized representative.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 1 - GENERAL ADMINISTRATION › Subchapter A - RULES OF PRACTICE AND PROCEDURE › Division 1 - GENERAL PROCEDURAL PROVISIONS › Section 1.30 - Ex Parte Consultations

Current through Reg. 49, No. 28; July 12, 2024
Ex parte consultations are governed by the Act (see
						§17).
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 1 - GENERAL ADMINISTRATION › Subchapter A - RULES OF PRACTICE AND PROCEDURE › Division 1 - GENERAL PROCEDURAL PROVISIONS › Section 1.31 - Agreements To Be in Writing

Current through Reg. 49, No. 28; July 12, 2024
In a contested case, no stipulation or agreement between
						parties, their attorneys, or representatives may be enforced unless it is
						reduced to writing and signed by the parties or their authorized
						representatives, or unless it is dictated into the record during the course of
						a hearing. This section shall not be interpreted as limiting a party's ability
						to waive, modify, or stipulate any right or privilege afforded by these
						sections, unless precluded by law.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 1 - GENERAL ADMINISTRATION › Subchapter A - RULES OF PRACTICE AND PROCEDURE › Division 1 - GENERAL PROCEDURAL PROVISIONS › Section 1.32 - Licenses

Current through Reg. 49, No. 28; July 12, 2024
Except as otherwise provided by law, the procedure for
						the grant, denial, renewal, revocation, suspension, annulment, or withdrawal of
						a license is governed by the Act, §18. Except as otherwise provided by
						law, if an applicant's original application or request for renewal of a license
						or certificate of authority is denied, he or she shall have 30 days from the
						date of denial to make a written request for a hearing and, if so requested,
						the hearing will be granted and the provisions of the Act and these sections
						with regard to a contested case shall apply.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 1 - GENERAL ADMINISTRATION › Subchapter A - RULES OF PRACTICE AND PROCEDURE › Division 1 - GENERAL PROCEDURAL PROVISIONS › Section 1.33 - Depositions; Entry on Property; Use of Reports and Statements

Current through Reg. 49, No. 28; July 12, 2024
(a) Depositions in a contested case are
					 governed by the Act (see §14).
(b) Additional discovery may be made in a
					 contested case in accordance with the Act (see §14a).
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 1 - GENERAL ADMINISTRATION › Subchapter A - RULES OF PRACTICE AND PROCEDURE › Division 1 - GENERAL PROCEDURAL PROVISIONS › Section 1.35 - Mileage and Witness Fees

Current through Reg. 49, No. 28; July 12, 2024
(a) A witness
					 or deponent who is not a party and who is subpoenaed or otherwise compelled to
					 attend any hearing or proceeding to give a deposition or to produce books,
					 records, papers, or other objects that may be necessary and proper for the
					 purposes of any proceeding under the authority of the Act is entitled to
					 receive:
(1) mileage in the same amount per
					 mile as the mileage travel allowance for state employees for going to and
					 returning from the place of the hearing or the place where the deposition is
					 taken, if the place is more than 25 miles from the person's place of residence;
					 and
(2) a fee of not less than $10
					 a day for each day or part of a day the person is necessarily present as a
					 witness or deponent; provided, in lieu of such $10 fee, a witness will receive
					 a fee equal to the per diem travel allowance of a state employee if such amount
					 exceeds $10.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 1 - GENERAL ADMINISTRATION › Subchapter A - RULES OF PRACTICE AND PROCEDURE › Division 1 - GENERAL PROCEDURAL PROVISIONS › Section 1.36 - Subpoenaing Witnesses and Materials

Current through Reg. 49, No. 28; July 12, 2024
(a)
					 Contested cases. The subpoenaing of witnesses and materials in contested cases
					 shall be in accordance with the Act, §14. A witness may make originals
					 available for copying by the party causing the subpoena to be issued instead of
					 relinquishing them, provided that the originals remain available for
					 comparison.
(b) Investigations. The
					 commissioner and at least one member of the board must sign any subpoenas
					 issued in the course of an investigation. A subpoena includes a subpoena duces
					 tecum.
(1) Form of subpoena. A subpoena shall
					 include the following information:
(A) the
					 name and address of the witness;
(B) the date, time, and place where the
					 person is to appear and give testimony;
(C) a detailed description of any books,
					 accounts, records, papers, correspondence, or other materials the witness will
					 be required to produce; and
(D) a
					 statement showing date of execution and return.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 1 - GENERAL ADMINISTRATION › Subchapter A - RULES OF PRACTICE AND PROCEDURE › Division 1 - GENERAL PROCEDURAL PROVISIONS › Section 1.37 - Prehearing Conference

Current through Reg. 49, No. 28; July 12, 2024
(a) In a contested
					 case, the presiding officer on his or her own motion or on the motion of a
					 party, may direct the parties to appear before him or her at a specified time
					 and place for a conference prior to the hearing for the purpose of formulating
					 issues and considering:
(1) the
					 simplification of issues;
(2) the
					 possibility of making admissions of certain averments of fact or stipulations
					 concerning the use by either or both parties of matters of public
					 record;
(3) the procedure at a
					 hearing;
(4) the limitation, where
					 possible, of the number of witnesses; and
(5) such other matters as may aid in the
					 simplification of the proceedings, and the disposition of the matters in
					 controversy, including settlement of such issues as are in dispute.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 1 - GENERAL ADMINISTRATION › Subchapter A - RULES OF PRACTICE AND PROCEDURE › Division 1 - GENERAL PROCEDURAL PROVISIONS › Section 1.38 - Briefs

Current through Reg. 49, No. 28; July 12, 2024
In contested matters, briefs may be filed at any time
						prior to hearing. With leave of the presiding officer, and on such conditions
						as he or she may impose, parties may file briefs subsequent to the hearing
						(this is in addition to the provisions of the Act, §15).
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 1 - GENERAL ADMINISTRATION › Subchapter A - RULES OF PRACTICE AND PROCEDURE › Division 1 - GENERAL PROCEDURAL PROVISIONS › Section 1.39 - Form and Content of Briefs, Exceptions, and Replies

Current through Reg. 49, No. 28; July 12, 2024
Briefs, written exceptions, and pleadings in a contested
						case shall be stated concisely with argument and properly cited authorities
						organized and directed to each point. The specific purpose for which evidence
						is relied upon shall be stated and citations to the page number of the record
						or exhibit referred to shall be made.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 1 - GENERAL ADMINISTRATION › Subchapter A - RULES OF PRACTICE AND PROCEDURE › Division 1 - GENERAL PROCEDURAL PROVISIONS › Section 1.40 - Motions for Postponement

Current through Reg. 49, No. 28; July 12, 2024
On a showing of good cause to the presiding officer, a
						motion for postponement of a hearing in a contested case may be
						granted.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 1 - GENERAL ADMINISTRATION › Subchapter A - RULES OF PRACTICE AND PROCEDURE › Division 1 - GENERAL PROCEDURAL PROVISIONS › Section 1.41 - Presentation of Evidence in a Contested Case

Current through Reg. 49, No. 28; July 12, 2024
Unless the order of presentation in a contested case is
						otherwise directed by the presiding officer, the agency or party who initiated
						the proceeding shall briefly state the nature of the matters to be heard and
						proceed with the introduction of evidence. Other parties shall proceed in a
						like manner and introduce their evidence in such order as the presiding officer
						may direct. All parties shall have the right to cross-examine witnesses and
						present arguments. The presiding officer may recess the hearing from day to day
						or until a later date. At the conclusion of all oral testimony, the presiding
						officer may leave the hearing open for a period not to exceed 15 days to
						receive briefs from any party.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 1 - GENERAL ADMINISTRATION › Subchapter A - RULES OF PRACTICE AND PROCEDURE › Division 1 - GENERAL PROCEDURAL PROVISIONS › Section 1.42 - Witness Placed under Rule

Current through Reg. 49, No. 28; July 12, 2024
At the request of any party to a contested matter, or at
						the direction of the presiding officer, the witnesses may be sworn and removed
						out of the hearing room to some place where they cannot hear the testimony as
						delivered by any other witness in the cause. This is termed placing witnesses
						under the rule. No party to the proceeding shall be placed under the rule.
						Where a corporation or other legal entity is a party to the proceeding, the
						presiding officer may exempt from the rule an officer or other representative
						of such corporation or other legal entity to aid counsel in the presentation of
						the case. For good cause shown, the presiding officer may exempt other
						potential witnesses from the operation of this section if the party requesting
						the exemption states that it will not call any such person as a witness. A
						request for an exemption precludes the requesting party from calling the
						exempted person as a witness. If any party be absent, the presiding officer, in
						his or her discretion, may exempt from the rule a representative of such party.
						Witnesses, when placed under the rule, shall be instructed by the presiding
						officer that they are not to converse with each other or with any other person
						about the proceeding other than the attorneys in the proceeding, except by
						permission of the presiding officer, and that they are not to read any report
						of or comment upon the testimony in the proceeding while under the
						rule.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 1 - GENERAL ADMINISTRATION › Subchapter A - RULES OF PRACTICE AND PROCEDURE › Division 1 - GENERAL PROCEDURAL PROVISIONS › Section 1.43 - Evidence

Current through Reg. 49, No. 28; July 12, 2024
The introduction and admissibility of evidence in a
						contested case is covered by the Act (see §14 and §14a), and by these
						sections.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 1 - GENERAL ADMINISTRATION › Subchapter A - RULES OF PRACTICE AND PROCEDURE › Division 1 - GENERAL PROCEDURAL PROVISIONS › Section 1.44 - Prepared Testimony

Current through Reg. 49, No. 28; July 12, 2024
The presiding officer may permit prepared testimony of a
						witness on direct examination, in either narrative or question and answer form,
						to be incorporated into the record in a contested case. The offering party must
						provide copies of such testimony to the agency and to all other parties of
						record at a time designated by the presiding officer. The witness must swear or
						affirm to the truth of the testimony in the same manner required for live
						testimony. Such witness shall be subject to cross-examination and the prepared
						testimony shall be subject to a motion to strike in whole or in
						part.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 1 - GENERAL ADMINISTRATION › Subchapter A - RULES OF PRACTICE AND PROCEDURE › Division 1 - GENERAL PROCEDURAL PROVISIONS › Section 1.45 - Exceptions

Current through Reg. 49, No. 28; July 12, 2024
A formal exception to a ruling of the presiding officer
						during the hearing of a contested matter is permissible but is not required.
						Any ruling adverse to an objecting party automatically preserves the exception
						as if the exception had been made and noted.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 1 - GENERAL ADMINISTRATION › Subchapter A - RULES OF PRACTICE AND PROCEDURE › Division 1 - GENERAL PROCEDURAL PROVISIONS › Section 1.46 - Excluded Testimony

Current through Reg. 49, No. 28; July 12, 2024
In a contested matter, when testimony is excluded by a
						ruling of the presiding officer, the party offering the evidence shall be
						permitted to make an offer of proof by dictating it into the record or
						submitting the substance of the proposed testimony in writing, prior to the
						conclusion of the hearing, and such offer of proof shall be sufficient to
						preserve the point. The presiding officer may ask such questions of the witness
						as he or she deems necessary to satisfy himself or herself that the witness
						would testify as represented in the offer of proof. An alleged error in
						sustaining an objection to questions asked on cross-examination may be
						preserved without making an offer of proof.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 1 - GENERAL ADMINISTRATION › Subchapter A - RULES OF PRACTICE AND PROCEDURE › Division 1 - GENERAL PROCEDURAL PROVISIONS › Section 1.47 - Informal Disposition of a Contested Case

Current through Reg. 49, No. 28; July 12, 2024
An informal disposition of a contested case may be made
						as provided in the Act, §13(e).
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 1 - GENERAL ADMINISTRATION › Subchapter A - RULES OF PRACTICE AND PROCEDURE › Division 1 - GENERAL PROCEDURAL PROVISIONS › Section 1.48 - Final Decisions

Current through Reg. 49, No. 28; July 12, 2024
The form and time limitations for a final decision of the
						commissioner, the fire marshal, and the board in a contested case are governed
						by the Act (see §15 and §16).
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 1 - GENERAL ADMINISTRATION › Subchapter A - RULES OF PRACTICE AND PROCEDURE › Division 1 - GENERAL PROCEDURAL PROVISIONS › Section 1.49 - Motion for Rehearing

Current through Reg. 49, No. 28; July 12, 2024
Requirements and time limitations for a motion for
						rehearing in a contested case before the commissioner, fire marshal, and the
						board is governed by the Act, §16.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 1 - GENERAL ADMINISTRATION › Subchapter A - RULES OF PRACTICE AND PROCEDURE › Division 1 - GENERAL PROCEDURAL PROVISIONS › Section 1.50 - Record

Current through Reg. 49, No. 28; July 12, 2024
(a) The record in a contested case includes
					 the matters listed in the Act, §13(f).
(b) Proceedings, or any part of them, shall
					 be transcribed on written request of any party. The party requesting the
					 proceeding to be transcribed shall bear the expense thereof in accordance with
					 the usual and customary charges of a court reporter. Should two or more parties
					 make such request, the cost shall be borne on a pro rata basis. This section
					 does not limit the agency to a stenographic record of proceedings.