reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 26 - FOOD AND NUTRITION DIVISION › Subchapter C - 3E'S GRANT PROGRAMS › Division 2 - EXPANDING THE 3E'S GRANT PROGRAM › Section 26.48 - Reporting Requirements

Current through Reg. 49, No. 28; July 12,
					 2024
Grant recipients shall submit required reports in
						accordance with department procedures, and as specified in the grant agreement
						entered into by the department and the grant recipient.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 26 - FOOD AND NUTRITION DIVISION › Subchapter C - 3E'S GRANT PROGRAMS › Division 3 - ESTABLISHING THE 3E'S GRANT PROGRAM › Section 26.50 - Statement of Authority

Current through Reg. 49, No. 28; July 12,
					 2024
The Nutrition Education Grant Program is authorized by
						§
											RSA
						33.028 of the Texas Human Resources
						Code.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 26 - FOOD AND NUTRITION DIVISION › Subchapter C - 3E'S GRANT PROGRAMS › Division 3 - ESTABLISHING THE 3E'S GRANT PROGRAM › Section 26.51 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this
						division, shall have the following meanings, unless the text clearly indicates
						otherwise.
(1) Commissioner--The Texas
					 Commissioner of Agriculture.
(2)
					 Department--The Texas Department of Agriculture.
(3) Early childhood education
					 programs--Programs specifically for children who are at least three years of
					 age but younger than five years of age.
(4) Head Start Program--The federal program
					 established under the Head Start Act (RSA
					 9831 et seq.) and its subsequent
					 amendments.
(5) Program--The
					 Establishing the 3E's Grant Program which provides grants for organizations to
					 incorporate nutrition education into their programs provided for
					 children.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 26 - FOOD AND NUTRITION DIVISION › Subchapter C - 3E'S GRANT PROGRAMS › Division 3 - ESTABLISHING THE 3E'S GRANT PROGRAM › Section 26.52 - Statement of Purpose

Current through Reg. 49, No. 28; July 12,
					 2024
The program is designed to award grants:
(1) to organizations that participate in:
(A) the Child and Adult Care Food Program as
					 administered by the department;
(B)
					 the Head Start Program; or
(C)
					 other early childhood education programs; and
(D) will use awarded funds to provide
					 nutrition education to children between the ages of three and five years old;
					 and
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 26 - FOOD AND NUTRITION DIVISION › Subchapter C - 3E'S GRANT PROGRAMS › Division 3 - ESTABLISHING THE 3E'S GRANT PROGRAM › Section 26.53 - Eligibility

Current through Reg. 49, No. 28; July 12, 2024
To be eligible to receive awarded funds under the
						program, an applicant must be in good standing with the department and
						must:
(1) be an organization that
					 participates in:
(A) the Child and Adult Care
					 Food Program as administered by the Department;
(B) the Head Start Program; or
(C) another early childhood education
					 program; and
(D) certifies that it
					 will use the awarded funds to provide nutrition education to children between
					 the ages of three and five years old; or
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 26 - FOOD AND NUTRITION DIVISION › Subchapter C - 3E'S GRANT PROGRAMS › Division 3 - ESTABLISHING THE 3E'S GRANT PROGRAM › Section 26.54 - Application Procedure

Current through Reg. 49, No. 28; July 12,
					 2024
(a) The department
					 shall issue a request for applications, to be published in the Texas
					 Register.
(b) The application shall
					 be in a form prescribed by the department.
(c) The application submitted to the
					 department shall:
(1) be fully and legibly
					 completed;
(2) be submitted in a
					 timely manner;
(3) be signed by an
					 authorized individual; and
(4)
					 contain the following required information:
(A) the name and address of the applying
					 organization or entity;
(B) the
					 name and title of a primary contact person who may be contacted during normal
					 business hours;
(C) a detailed
					 description of the proposed project, including how the project will be
					 incorporated into the program services and a timeline of proposed
					 activities;
(D) the estimated
					 number of children to be reached by the proposed activity/project if the grant
					 is awarded;
(E) a description of
					 how quantifiable results will be measured if the grant is awarded;
					 and
(F) a proposed budget for use
					 of grant funds, if awarded.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 26 - FOOD AND NUTRITION DIVISION › Subchapter C - 3E'S GRANT PROGRAMS › Division 3 - ESTABLISHING THE 3E'S GRANT PROGRAM › Section 26.55 - Selection Criteria

Current through Reg. 49, No. 28; July 12,
					 2024
(a) Projects will
					 be selected on a competitive basis.
(b) The department shall review applications
					 and may appoint review panel(s) to evaluate applications.
(c) Evaluation criteria shall be included in
					 the request for applications.
(d)
					 Final selection of grant recipients shall be made by the department and
					 commissioner.
(e) The department
					 may choose not to award grant funds, at its discretion.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 26 - FOOD AND NUTRITION DIVISION › Subchapter C - 3E'S GRANT PROGRAMS › Division 3 - ESTABLISHING THE 3E'S GRANT PROGRAM › Section 26.56 - Grant Agreement

Current through Reg. 49, No. 28; July 12,
					 2024
Grant recipients selected by the department shall enter
						into a written grant agreement with the department. The agreement will define
						the terms of the grant award and reporting requirements.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 26 - FOOD AND NUTRITION DIVISION › Subchapter C - 3E'S GRANT PROGRAMS › Division 3 - ESTABLISHING THE 3E'S GRANT PROGRAM › Section 26.57 - Reporting Requirements

Current through Reg. 49, No. 28; July 12,
					 2024
Grant recipients shall submit required reports in
						accordance with department procedures, and as specified in the grant agreement
						entered into by the department and the grant recipient.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 26 - FOOD AND NUTRITION DIVISION › Subchapter D - THE EMERGENCY FOOD ASSISTANCE PROGRAM (TEFAP) › Section 26.101 - Authority and Purpose

Current through Reg. 49, No. 28; July 12,
				  2024
(a) Authority.
				  Pursuant to an agreement with the USDA, the TDA administers TEFAP for the state
				  of Texas, in accordance with 7 CFR Part 250, 7 CFR Part 251, and 2 CFR Part
				  200, as applicable.
(b) Purpose.
				  The purpose of TEFAP is to serve congregate meals and to distribute food to
				  eligible households.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 26 - FOOD AND NUTRITION DIVISION › Subchapter D - THE EMERGENCY FOOD ASSISTANCE PROGRAM (TEFAP) › Section 26.103 - Agreements

Current through Reg. 49, No. 28; July 12, 2024
If a CE fails to comply with the terms or conditions of its
USDA Foods Agreement Between Contracting Entity and Texas Department of
					 Agriculture,
TDA may:
(1)
				  Immediately terminate or suspend the agreement; and/or
(2) Modify the terms of any agreement to
				  ensure the availability of USDA Foods to eligible groups in all areas
				  (including areas where poor economic conditions exist), and in a manner
				  equitable to CEs.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 26 - FOOD AND NUTRITION DIVISION › Subchapter D - THE EMERGENCY FOOD ASSISTANCE PROGRAM (TEFAP) › Section 26.104 - Selection of Contracting Entities

Current through Reg. 49, No.
				  28; July 12, 2024
(a)
				  Selection criteria. CEs shall be selected for participation in TEFAP based on
				  the following criteria:
(1) The
				  organization's geographic location;
(2) The number of eligible persons who live
				  in the organization's service area, as identified by poverty, unemployment, or
				  other statistics;
(3) The
				  organization's food storage capacity;
(4) The organization's ability to receive,
				  handle, safeguard, and distribute large volumes of product;
(5) The organization's ability to effectively
				  and efficiently distribute USDA Foods throughout its service area with or
				  without access to limited federal funds earmarked to reimburse certain
				  allowable administrative costs;
(6)
				  The organization's ability and willingness to submit financial statements,
				  reports, or other information requested or required by TDA;
(7) The organization's access to donated food
				  and funds from sources other than USDA;
(8) The organization's willingness to
				  supplement USDA Foods with non-USDA Foods and provide both to eligible
				  sub-agencies;
(9) The
				  organization's existing food distribution channels;
(10) The organization's activity in
				  developing, or assisting other entities to develop, distribution or feeding
				  sites to ensure service to all parts of its service areas;
(11) The organization's connection to and
				  level of cooperation with organizations that have similar operations and goals,
				  including a goal to ensure the availability of food assistance in all areas of
				  the state;
(12) The organization's
				  ability and willingness to network with and distribute USDA Foods to other food
				  providers;
(13) The organization's
				  willingness and capacity to accomplish the following:
(A) Serve all participants through CE
				  services and/or through sub-agency services;
(B) Handle program administration,
				  distribution, record maintenance, and eligibility determinations; and
(C) Comply with all program requirements as
				  required by policy and guidance from TDA and USDA;
(14) The organization's total caseload based
				  on services provided to a specific recipient group within any service area;
				  and
(15) The organization's
				  agreement that providing false or fraudulent information in conjunction with an
				  application for participation is subject to penalties.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 26 - FOOD AND NUTRITION DIVISION › Subchapter D - THE EMERGENCY FOOD ASSISTANCE PROGRAM (TEFAP) › Section 26.105 - Responsibilities of Contracting Entities

Current through Reg. 49, No.
				  28; July 12, 2024
(a)
				  Advertise. CEs must advertise distributions of USDA Foods using methods
				  including, but not limited to, the following:
(1) The media (internet, TV, radio, and
				  newspapers);
(2) Civic and
				  religious organizations;
(3) City
				  and county governments; and
(4)
				  Social service organizations.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 26 - FOOD AND NUTRITION DIVISION › Subchapter D - THE EMERGENCY FOOD ASSISTANCE PROGRAM (TEFAP) › Section 26.106 - Eligibility Criteria for Households

Current through Reg. 49, No.
				  28; July 12, 2024
Only TDA and USDA can establish eligibility criteria. CEs
					 shall only determine eligibility based on paragraphs (1) through (4) of this
					 subsection.
(1) Household eligibility.
				  CEs must determine household eligibility at least annually based on eligibility
				  criteria.
(A) Income. Except as otherwise
				  specified, the applicant household's gross yearly or monthly income (before
				  deductions) in relation to household size must not exceed 185% of the federal
				  poverty guidelines.
(B) Crisis food
				  assistance. An applicant household whose income exceeds 185% of the federal
				  poverty guidelines and that has incurred the costs of a household crisis may be
				  eligible for crisis food assistance.
(C) Categorical eligibility. An applicant
				  household is automatically (categorically) eligible for USDA Foods if it
				  currently receives assistance from one of the following programs: Supplemental
				  Nutrition Assistance Program (SNAP), Temporary Assistance for Needy Families
				  (TANF), Supplemental Security Income (SSI), or non-institutional Medicaid
				  benefits.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 26 - FOOD AND NUTRITION DIVISION › Subchapter D - THE EMERGENCY FOOD ASSISTANCE PROGRAM (TEFAP) › Section 26.107 - Congregate Meals

Current through Reg. 49, No. 28; July 12,
				  2024
(a) Any person has
				  a right to request and to receive a congregate meal containing USDA
				  Foods.
(b) There are no residency
				  requirements for receipt of congregate meals, and CEs and sub-agencies shall
				  not impose residency requirements.
(c) CEs and sub-agencies shall not request
				  proof of ID from participants for congregate meals.
(d) There are no eligibility requirements for
				  receipt of congregate meals, and CEs and sub-agencies shall not impose
				  eligibility requirements.
(e) There
				  are no citizenship requirements. CEs and sub-agencies shall not require any
				  applicant or participant to prove citizenship through any means
				  whatsoever.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 26 - FOOD AND NUTRITION DIVISION › Subchapter D - THE EMERGENCY FOOD ASSISTANCE PROGRAM (TEFAP) › Section 26.108 - Allocation and Distribution

Current through Reg. 49, No. 28; July
				  12, 2024
(a) Allocation
				  to CEs. TDA uses a "60/40" formula to allocate entitlement to CEs. The formula
				  is based 60% on the number of persons in a county who have incomes at or below
				  the official poverty line, and 40% on the number of unemployed persons.
(1) TDA has the discretion to allocate
				  entitlement by another method, such as according to historical or projected
				  usage rates (the number of meals and/or households served).
(2) TDA may reserve an amount of
				  administrative funds, as necessary, to add new CEs during a contract
				  year.
(3) TDA determines service
				  areas and allocates USDA Foods to CEs that serve within each service
				  area.
(4) TDA reserves the right to
				  contract with and allocate entitlement to any type of EFO to ensure the
				  availability of TEFAP to all persons and households according to service
				  areas.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 26 - FOOD AND NUTRITION DIVISION › Subchapter D - THE EMERGENCY FOOD ASSISTANCE PROGRAM (TEFAP) › Section 26.109 - Reimbursement

Current through Reg. 49, No. 28; July 12, 2024
(a) The actual reimbursement rate or
				  reimbursement amount depends on the amount of available administrative funds
				  and the allocation method used.
(b)
				  TDA will notify CEs of any changes to the allocation and/or the reimbursement
				  rate or amount.
(c) To the extent
				  that administrative funds are available, TDA will reimburse CEs their allowable
				  costs up to Letter of Credit amounts.
(d) CEs must submit monthly reimbursement
				  claims, including all allowable costs of distributing USDA Foods and other
				  donated foods.
(e) At the end of
				  each contract year, TDA will reallocate any uncommitted administrative funds,
				  first to reimburse any remaining costs of distributing USDA Foods, and second
				  to reimburse the costs of distributing non-USDA Foods.
(1) Before reallocation, TDA may notify CEs
				  of a cutoff date after which TDA will not reimburse monthly claims.
(2) A cutoff date enables TDA to reallocate
				  administrative funds which were not committed during the contract
				  year.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 26 - FOOD AND NUTRITION DIVISION › Subchapter D - THE EMERGENCY FOOD ASSISTANCE PROGRAM (TEFAP) › Section 26.110 - Audits

Current through Reg. 49, No. 28; July 12, 2024
CEs are subject to the audit requirements specified in
					 federal regulations.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 26 - FOOD AND NUTRITION DIVISION › Subchapter D - THE EMERGENCY FOOD ASSISTANCE PROGRAM (TEFAP) › Section 26.111 - Corrective Action Plan

Current through Reg. 49, No. 28; July 12,
				  2024
(a) TDA may amend
				  or modify a CAP based on new information, changes in circumstances, and the
				  CE's progress in CAP implementation.
(b) A CE may amend or modify a sub-agency's
				  CAP based on new information, changes in circumstances, or in CAP
				  implementation.
(c) TDA may extend
				  due dates of completion for CEs that have made good faith efforts, as defined
				  by TDA, to correct deficiencies or to comply with requirements.
(d) A CE may extend the time frames for a
				  sub-agency to implement a CAP based on the sub-agency's good faith efforts, as
				  defined by the CE, to correct deficiencies or to comply with program
				  requirements.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 26 - FOOD AND NUTRITION DIVISION › Subchapter D - THE EMERGENCY FOOD ASSISTANCE PROGRAM (TEFAP) › Section 26.112 - Compliance Reviews

Current through Reg. 49, No. 28; July 12,
				  2024
(a) TDA shall
				  conduct compliance reviews of CEs and sub-agencies as it deems
				  necessary.
(b) TDA maintains the
				  right to review a CE's procurement and other program related documents at any
				  time, upon request. Failure to provide any required documents shall result in
				  findings.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 26 - FOOD AND NUTRITION DIVISION › Subchapter E - APPEAL PROCEDURES FOR FOOD AND NUTRITION PROGRAMS › Section 26.200 - Purpose

Current through Reg. 49, No. 28; July 12,
				  2024
(a) The purpose of
				  these rules is to provide for a simple and efficient system for appeals of the
				  federal food and nutrition programs administered by the department and the
				  actions affecting participation in such programs.
(b) Appeals for FND Programs shall be
				  conducted in accordance with the appeal procedures established by the U.S.
				  Department of Agriculture Food and Nutrition Service (FNS) in Title 7 of the
				  Code of Federal Regulations (CFR) Parts 210, 215, 220, 225, and 226, as
				  applicable, this subchapter, and the FND program handbooks which are available
				  on the department's website.
(c)
				  The rules in this subchapter supplement the procedures set forth in the federal
				  regulations.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 26 - FOOD AND NUTRITION DIVISION › Subchapter E - APPEAL PROCEDURES FOR FOOD AND NUTRITION PROGRAMS › Section 26.201 - Definitions

Current through Reg. 49, No. 28; July 12,
				  2024
In addition to the definitions set out in 7 CFR Parts 210,
					 215, 220, 225, and 226, the following words, names, and terms shall have the
					 following meanings, unless the context clearly indicates otherwise.
(1) Appellant--A person who files an
				  appeal.
(2) ARO--Administrative
				  Review Official; the independent and impartial official who conducts the appeal
				  held in accordance with the federal food and nutrition program regulations (7
				  CFR Parts 210, 215, 220, 225, and 226, as applicable).
(3) CFR--Code of Federal
				  Regulations.
(4) FND--Food and
				  Nutrition Division of the department.
(5) FND Program--Any of the federal food and
				  nutrition programs administered by FND which include the National School Lunch
				  Program (NSLP), School Breakfast Program (SBP), Special Milk Program (SMP),
				  Child and Adult Care Food Program (CACFP), and Summer Food Service Program
				  (SFSP).
(6) Notice of action--A
				  letter sent by the department by certified mail, return receipt (or the
				  equivalent private delivery service) or by email that describes an action
				  proposed or taken by the department regarding program reimbursement or
				  participation.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 26 - FOOD AND NUTRITION DIVISION › Subchapter E - APPEAL PROCEDURES FOR FOOD AND NUTRITION PROGRAMS › Section 26.202 - Appealable Actions

Current through Reg. 49, No. 28; July 12,
				  2024
The following actions proposed or taken by the department
					 are subject to appeal:
(1) Denial of an
				  application for program participation;
(2) Proposed disqualification from program
				  participation;
(3) Proposed
				  termination of a school food authority, institution, or sponsoring
				  organization's program agreement with the department;
(4) Denial of an application for a sponsored
				  facility, center, or site;
(5)
				  Termination of a sponsored facility, center, or site;
(6) Denial or disallowance of all or a part
				  of a claim for reimbursement (except for a denial based on a late
				  submission);
(7) Recovery of all or
				  a part of a claim for reimbursement through direct assessment or offset of
				  future claims for, but not limited to, the following reasons: a claim that is
				  not properly payable, the disallowance of funds for failure to take corrective
				  action to comply with program requirements, or the disallowance of an
				  overclaim;
(8) Demand for the
				  remittance of an overpayment or return of an improper or unearned payment of
				  program funds;
(9) Withholding of
				  payment of program funds;
(10)
				  Suspension of program participation for health or safety reasons;
(11) Proposed suspension of participation due
				  to submission of a false or fraudulent claim;
(12) Denial of an application for start-up or
				  expansion payments;
(13) Denial of
				  a request for an advance payment of program funds;
(14) Recovery of all or part of an advance
				  payment in excess of the claim for the applicable period, either through a
				  demand for full repayment or an adjustment of subsequent payments;
(15) Denial of a food service management
				  company's application for registration;
(16) Revocation of a food service management
				  company's registration;
(17)
				  Decision of the department not to forward to FNS an exception request for
				  payment of a late claim, or a request for an upward adjustment to a claim;
				  and
(18) Any other action of the
				  department affecting program reimbursement or participation, including other
				  actions that may be subject to appeal pursuant to 7 CFR Parts 210, 215, 220,
				  225, and 226.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 26 - FOOD AND NUTRITION DIVISION › Subchapter E - APPEAL PROCEDURES FOR FOOD AND NUTRITION PROGRAMS › Section 26.203 - Appeal Procedures

Current through Reg. 49, No. 28; July 12,
				  2024
(a) Who may file. A
				  person, or authorized representative, who has received a notice of action may
				  file an appeal of an action described in § 26.202 of this subchapter
				  (relating to Appealable Actions).
(b) Methods of filing. An appeal may be filed
				  by any of the following methods:
(1)
				  Certified, registered, or standard mail;
(2) Email;
(3) Facsimile;
(4) Courier service; or
(5) Hand delivery.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 26 - FOOD AND NUTRITION DIVISION › Subchapter E - APPEAL PROCEDURES FOR FOOD AND NUTRITION PROGRAMS › Section 26.204 - Filing of Documents

Current through Reg. 49, No. 28; July 12,
				  2024
(a) To be
				  considered, written documentation relating to a pending appeal must be filed
				  with the department's docket clerk within the time prescribed in this section.
				  Documents are filed only when received by the department's docket clerk. A
				  document received after 5:00 p.m. Central Time on a business day is filed on
				  the next business day.
(b) Parties
				  to an appeal have the right to review any documentary materials submitted to
				  the department's docket clerk. A party filing written materials with the docket
				  clerk must serve, at the same time, a copy of the written materials on every
				  other party or such party's representative or attorney of record.
(c) In all matters, except SFSP appeals and
				  suspension reviews, an appellant must file written materials with the docket
				  clerk within thirty (30) calendar days of the appellant's receipt, or deemed
				  receipt, of the notice of action.
(d) In SFSP appeals, an appellant must file
				  written materials with the docket clerk within seven (7) calendar days of
				  submitting the appeal.
(e) In
				  suspension reviews relating to false or fraudulent claims, an appellant must
				  file written materials with the docket clerk within ten (10) calendar days of
				  the appellant's receipt, or deemed receipt, of the notice of action.
(f) Documents may be filed with the docket
				  clerk, and served on a party or such party's representative or attorney of
				  record, by any of the filing methods specified in § 26.203(b) of this
				  subchapter (relating to Appeal Procedures).
(g) Service to the appellant or its
				  representative shall be made to the appellant or representative's last known
				  mailing address, email address, or facsimile number as shown by the
				  department's records.
(h) Parties
				  and their representatives shall immediately notify the ARO and all parties of
				  any change in mailing address, email address, or telephone or facsimile
				  number.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 26 - FOOD AND NUTRITION DIVISION › Subchapter E - APPEAL PROCEDURES FOR FOOD AND NUTRITION PROGRAMS › Section 26.205 - Hearing Procedures

Current through Reg. 49, No. 28; July 12,
				  2024
(a) Motions.
(1) Motions in all matters, except in SFSP
				  appeals, shall be filed in writing and served on all parties not less than
				  seven (7) calendar days before the hearing, except for good cause shown. If the
				  non-moving party files a response to the motion, the response must be filed no
				  later than five (5) calendar days after receipt of the motion.
(2) Unless leave is granted by the ARO,
				  motions in SFSP appeals may be filed up to forty-eight (48) hours prior to the
				  hearing. If the non-moving party files a response to the motion, the response
				  must be filed within forty-eight (48) hours of the receipt of the motion unless
				  that time is extended or shortened by written order of the ARO.
(3) Motions shall set forth the specific
				  grounds for which the moving party seeks the relief requested and shall make
				  reference to all similar motions filed in the proceeding. The ARO shall rule on
				  the motion in a timely fashion; however, the ARO may defer ruling on a motion
				  until issuance of a final order.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 26 - FOOD AND NUTRITION DIVISION › Subchapter E - APPEAL PROCEDURES FOR FOOD AND NUTRITION PROGRAMS › Section 26.206 - Abbreviated Appeals

Current through Reg. 49, No. 28; July 12,
				  2024
(a) This section
				  applies only to the following actions by the department under the Child and
				  Adult Care Food Program (CACFP):
(1) Denial of
				  an institution's application for participation; or
(2) Proposed termination of an institution's
				  program agreement with the department.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 26 - FOOD AND NUTRITION DIVISION › Subchapter E - APPEAL PROCEDURES FOR FOOD AND NUTRITION PROGRAMS › Section 26.207 - Suspension Reviews

Current through Reg. 49, No. 28; July 12,
				  2024
(a) This section
				  applies only to a proposed suspension of an institution's participation based
				  on a determination that the institution knowingly submitted a false or
				  fraudulent claim.
(b) If the
				  department determines that an institution knowingly submitted a false or
				  fraudulent claim, the department may propose to suspend the institution's
				  participation along with initiating actions of termination and
				  disqualification.
(c) An
				  institution may request a review of the proposed suspension. A suspension
				  review shall be limited to a review of written information.
(d) A request for review and written
				  documentation opposing the proposed suspension must be submitted to the
				  suspension review official, as specified in the notice of proposed suspension,
				  within ten (10) calendar days of the receipt, or deemed receipt, of the notice,
				  in accordance with the filing procedures set forth in § 26.203 of this
				  subchapter (relating to Appeal Procedures) and § 26.204 of this subchapter
				  (relating to Filing of Documents).
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 27 - TEXAS CITRUS PEST AND DISEASE MANAGEMENT CORPORATION › Subchapter A - GENERAL PROVISIONS › Section 27.101 - 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 clearly indicates
					 otherwise.
(1) Active pest management
				  zone--A pest management zone established under the Texas Agriculture Code,
				  Chapter 80, in which citrus producers by referendum have approved their
				  participation in a suppression program and have approved an assessment to fund
				  costs of implementing the program, and in which the Corporation has begun
				  operations.
(2) Bio-intensive
				  control--The use of biologically based pest control tactics, rather than
				  traditional chemical control methods. Biologically based pest control tactics
				  include biological controls, resistant host plants, cultural controls,
				  botanical insecticides, or sterile insect techniques that cause little or no
				  detrimental effect on non-target organisms.
(3) Citrus Producer--Means a person who grows
				  citrus and receives or intends to receive income from the sale of citrus. The
				  term includes an individual who as owner, landlord, tenant, or sharecropper is
				  entitled to share in the citrus grown and available for marketing from a farm
				  or to share in the proceeds from the sale of the citrus from the farm. The term
				  includes a person who owns land that is primarily used to grow citrus and that
				  is appraised based on agricultural use under Chapter
				  RSA
				  23, Texas Tax Code, regardless of whether the
				  person receives income from the sale of citrus, and there is an irrebuttable
				  presumption that the person intends to receive income from the sale of
				  citrus.
(4) Code--The Texas
				  Agriculture Code.
(5) Commercial
				  citrus--Citrus grown for sale or barter.
(6) Corporation--The Texas Citrus Pest and
				  Disease Management Corporation, Inc.
(7) Department--The Texas Department of
				  Agriculture.
(8) Due and unpaid--An
				  assessment is due and unpaid if it has not been paid after the due date set by
				  the Commissioner for payment, and no written agreement has been made with the
				  Corporation to pay the assessment.
(9) First buyer of citrus--A buyer who buys
				  citrus from a citrus producer and disburses funds to the producer for the
				  purchase of citrus.
(10)
				  Noncommercial citrus--Any citrus that is not commercial citrus.
(11) Pest management zone--A geographic area
				  established under §80.006 of the Code in which citrus producers by
				  referendum approve their participation in a pest and/or disease suppression
				  program.
(12) USDA--United States
				  Department of Agriculture.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 27 - TEXAS CITRUS PEST AND DISEASE MANAGEMENT CORPORATION › Subchapter A - GENERAL PROVISIONS › Section 27.102 - Statement of Authority and Purpose

Current through Reg. 49, No.
				  28; July 12, 2024
The Corporation shall be recognized by the Department as
					 the entity to plan, carry out, and operate suppression programs to manage and
					 control pests and diseases in citrus plants in the state under the supervision
					 of the Department as provided by Chapter 80 of the Code.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 27 - TEXAS CITRUS PEST AND DISEASE MANAGEMENT CORPORATION › Subchapter A - GENERAL PROVISIONS › Section 27.103 - Approval by the Commissioner of Agriculture

Current through
				  Reg. 49, No. 28; July 12, 2024
The Corporation is required to obtain approval from the
					 Commissioner as follows.
(1) The
				  Commissioner must approve in writing the Corporation's policy for the
				  procurement of goods and/or services. The procurement policy must be reviewed
				  annually following initial approval. The procurement policy of the Corporation
				  shall include:
(A) a requirement in regards to
				  purchases of goods or services:
(i) that all
				  purchase, service and/or lease agreements over the amount of $20,000 be
				  approved by the Commissioner;
(ii)
				  a requirement that a statement of justification of need for the goods or
				  services being purchased and/or leased be provided for each purchase and/or
				  lease; and
(iii) a provision that
				  excludes routine or day-to-day operating expenditures such as office supplies,
				  payroll or utilities from this requirement.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 27 - TEXAS CITRUS PEST AND DISEASE MANAGEMENT CORPORATION › Subchapter A - GENERAL PROVISIONS › Section 27.104 - Reporting Requirements

Current through Reg. 49, No. 28; July 12,
				  2024
(a) The Corporation
				  shall provide the Department with a copy of its annual audit within 30 days of
				  the audit's completion, including any accompanying letters to the Corporation
				  from the auditor.
(b) No later than
				  45 days after the fiscal year, the Corporation shall file with the Department
				  an annual report. The annual report shall include, at a minimum:
(1) a balance sheet of assets, liabilities
				  and fund equity;
(2) an itemization
				  of income/expenditures;
(3) a
				  statement of management activities carried out in the year covered by the
				  report, by zone;
(4) information
				  regarding the name and quantity of pesticides used in the program by zone;
				  and
(5) copies of any resolutions
				  adopted by the board regarding the suppression program.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 27 - TEXAS CITRUS PEST AND DISEASE MANAGEMENT CORPORATION › Subchapter A - GENERAL PROVISIONS › Section 27.105 - Cost Sharing Program

Current through Reg. 49, No. 28; July
				  12, 2024
(a) Statement
				  of Purpose and Authority. In accordance with Chapter 80 of the Code, the
				  Department is authorized to contract with the entity under §80.020 to
				  carry out pest and disease suppression to obtain suppression services for the
				  state of Texas as part of a cost-sharing program. The Corporation has been
				  designated as that entity. This section sets forth requirements and procedures
				  for the implementation of the cost-sharing program.
(b) Zone eligibility.
(1) The Department may spend money under the
				  cost-sharing program only in a pest management zone in which:
(A) a suppression project authorized under
				  the Code, Chapter 80 is active; or
(B) suppression has been declared complete by
				  the United States Department of Agriculture or its designee.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 27 - TEXAS CITRUS PEST AND DISEASE MANAGEMENT CORPORATION › Subchapter A - GENERAL PROVISIONS › Section 27.106 - Administrative Review

Current through Reg. 49, No. 28; July 12,
				  2024
(a) Filing of
				  request.
(1) Any person who believes they
				  have been aggrieved in connection with an action of the Corporation may file a
				  request for administrative review by the Department under §80.011 of the
				  Code.
(2) A request must be made in
				  writing and received by the Department within 90 days of the alleged action
				  which is the subject of the complaint. Formal requests must comply with the
				  following requirements, and shall be resolved in accordance with the procedures
				  set forth below. Copies of the request and any supporting documentation must be
				  mailed or delivered by the requesting party to the Department and the
				  Corporation.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 27 - TEXAS CITRUS PEST AND DISEASE MANAGEMENT CORPORATION › Subchapter A - GENERAL PROVISIONS › Section 27.107 - Public Information Act

Current through Reg. 49, No. 28; July
				  12, 2024
All information submitted to the Corporation under this
					 chapter is subject to the Public Information Act (PIA), Chapter
					 RSA 552, of the Texas
					 Government Code, and may be disclosed to the public upon written request
					 submitted to the Corporation or the Department. All information shall be
					 presumed to be subject to disclosure unless a specific exception to disclosure
					 under the PIA applies.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 27 - TEXAS CITRUS PEST AND DISEASE MANAGEMENT CORPORATION › Subchapter B - ELECTION OR REFERENDUM PROCEDURES › Section 27.201 - Voter Eligibility

Current through Reg. 49, No. 28; July 12,
				  2024
(a) A citrus
				  producer is a person defined in §
										RSA 27.101(3) of this
				  title (relating to Definitions), and §80.003(6) of the Code. For purposes
				  of determining voter eligibility for elections or referenda, this requirement
				  will be determined from the official list provided to the Department of
				  operators or crop-sharing landlords who have citrus in the zone or area in
				  which a referendum is being held in the crop year in effect at the time of the
				  referendum.
(b) A citrus producer
				  eligible to vote in a pest management zone referendum is also entitled to elect
				  board members to represent the pest management zone in which the producer's
				  citrus production occurs.
(c) If a
				  citrus producer has production in more than one zone, the producer may vote in
				  each zone in which he or she meets the voting eligibility requirements in
				  subsection (a) of this section.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 27 - TEXAS CITRUS PEST AND DISEASE MANAGEMENT CORPORATION › Subchapter B - ELECTION OR REFERENDUM PROCEDURES › Section 27.202 - Board Candidates

Current through Reg. 49, No. 28; July 12,
				  2024
(a) A
				  representative number of members to the CorporationTs board of directors shall
				  be elected from each established pest management zone for terms not to exceed
				  four years. Members may serve multiple terms.
(b) In order to be a candidate for board
				  membership, a person must be eligible to vote in the referendum, must reside in
				  the pest management zone that he or she is seeking to represent and have at
				  least seven years citrus producing experience.
(c) In order to have his or her name put on
				  the ballot, a person must file with the Department, at least 30 days prior to
				  the first day of the voting period of the election, a petition signed by ten
				  eligible voters within the pest management zone to be represented. The
				  Department shall prescribe the form for the petition.
(d) An eligible voter may vote for a citrus
				  producer whose name does not appear on the ballot by writing that person's name
				  and county of residence on the ballot.
(e) Board candidates are elected by
				  plurality, by receiving the highest number of votes of all candidates for that
				  board position.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 27 - TEXAS CITRUS PEST AND DISEASE MANAGEMENT CORPORATION › Subchapter B - ELECTION OR REFERENDUM PROCEDURES › Section 27.203 - Commissioner Approval Required for Assessment Referendum

Current
				  through Reg. 49, No. 28; July 12, 2024
Before the referendum, the Commissioner shall review and
					 approve:
(1) the amount of the
				  assessment;
(2) the basis for the
				  assessment;
(3) the time for
				  payment of the assessment;
(4) the
				  method of allocation of the assessment among citrus producers;
(5) the restructuring and repayment schedule
				  for any preexisting debt; and
(6)
				  the amount of debt to be incurred in the pest management zone.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 27 - TEXAS CITRUS PEST AND DISEASE MANAGEMENT CORPORATION › Subchapter B - ELECTION OR REFERENDUM PROCEDURES › Section 27.204 - Public Hearings

Current through Reg. 49, No. 28; July 12,
				  2024
The Commissioner shall give notice of and conduct a public
					 hearing in the pest management zone regarding the proposed assessment
					 referendum.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 27 - TEXAS CITRUS PEST AND DISEASE MANAGEMENT CORPORATION › Subchapter B - ELECTION OR REFERENDUM PROCEDURES › Section 27.205 - Conduct of Election or Referendum

Current through Reg. 49,
				  No. 28; July 12, 2024
(a) Upon request of the Corporation, the
				  Commissioner shall conduct and prescribe the manner to conduct an election
				  and/or referendum as authorized under the Chapter 80 of the Code.
(b) With the Commissioner's approval, the
				  Corporation may set the assessment rate at a level less than the maximum
				  assessment approved by the referendum.
(c) Notice of the referendum shall be
				  published in one or more newspapers published and distributed within the
				  boundaries in which the board operates. The notice shall be published at least
				  45 days before the date of the referendum and/or board election in one or more
				  newspapers published and distributed throughout the proposed or established
				  pest management zone or zones, or area proposed to be added or transferred. The
				  notice shall be published not less than once a week for three consecutive
				  weeks. In addition, at least 45 days before the date of the referendum, the
				  Department will give direct written notice to the county office for the Texas
				  AgriLife Extension Service in the pest management zone or zones or area
				  proposed to be added or transferred.
(d) Notice provided in accordance with
				  subsection (c) of this section shall include:
(1) the date of the election;
(2) the manner in which the election is to be
				  conducted;
(3) the purpose of the
				  election and/or referendum;
(4) if
				  appropriate, information regarding the election of board members, including how
				  to get on the ballot;
(5) if an
				  assessment referendum is being conducted, the maximum assessment to be paid by
				  citrus producers having production in the pest management zone and the time for
				  which the assessment will be collected; and
(6) who to contact for more
				  information.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 27 - TEXAS CITRUS PEST AND DISEASE MANAGEMENT CORPORATION › Subchapter B - ELECTION OR REFERENDUM PROCEDURES › Section 27.206 - Canvass; Watchers; Recount

Current through Reg. 49, No. 28;
				  July 12, 2024
(a) A
				  canvassing committee appointed by the Commissioner shall count the ballots and
				  verify the referendum results to the Commissioner for certification. Referendum
				  results will be certified by the Commissioner.
(b) Ballots for the referendum will be
				  counted in a manner determined by the Commissioner.
(c) After the ballots are counted and the
				  results verified by the Commissioner, the ballots shall be locked in a
				  container and stored at the Department's headquarters for a period of 30 days.
				  The locked container containing referendum ballots cannot be opened for the
				  30-day period without a court order or written request for recount. If no
				  contests or investigations arise out of the referendum within 30 days after
				  certification of such referendum, the Department shall destroy the ballots by
				  shredding.
(d) A watcher may be
				  present at Department headquarters for the purpose of observing the canvass of
				  the votes and until the canvassing committee completes its duties. Written
				  notice of intent to be present during the canvass must be submitted to
				  Department at least three days prior to the count.
(e) A request for recount submitted under
				  this division must:
(1) be in
				  writing;
(2) state the grounds for
				  the recount;
(3) be submitted to
				  the Commissioner within 10 calendar days of canvass results; and
(4) be signed by the person(s) requesting the
				  recount, including address and phone number. If the request is made on behalf
				  of an organization or association, the person submitting the request must state
				  that he or she is authorized to request a recount on behalf of the organization
				  or association.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 27 - TEXAS CITRUS PEST AND DISEASE MANAGEMENT CORPORATION › Subchapter B - ELECTION OR REFERENDUM PROCEDURES › Section 27.207 - Zone Activation; Producer Approval

Current through Reg.
				  49, No. 28; July 12, 2024
(a) Once a pest management zone has been
				  designated by adoption of a rule subject to the authority of §80.005 of
				  the Code, the pest management zone is not established until approved by a
				  referendum of citrus producers in the new zone and held in accordance with
				  §80.006 of the Code.
(b) Once
				  a pest management zone has been designated by rule and established by approval
				  of citrus producers in the zone, as provided in subsection (a) of this section,
				  the zone shall operate in accordance with the provisions of Chapter 80 of the
				  Code.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 27 - TEXAS CITRUS PEST AND DISEASE MANAGEMENT CORPORATION › Subchapter B - ELECTION OR REFERENDUM PROCEDURES › Section 27.208 - Approval of Zones, Assessment Rates, Board Elections

Current
				  through Reg. 49, No. 28; July 12, 2024
(a) A referendum to establish a zone, to
				  establish a suppression program in an existing zone, to add a county or area to
				  an existing zone, to transfer an area or county from one zone to another, to
				  discontinue the program in a zone, or to set or continue an assessment rate
				  must pass by a favorable vote of:
(1) at
				  least two-thirds of those voting vote in favor of the referendum; or
(2) those voting in favor of the referendum
				  cultivate more than 50 percent, as determined by the Commissioner, of the
				  citrus acreage in the relevant pest management zone. The total acreage of
				  citrus in each pest management zone or area shall be determined by use of the
				  latest available figures provided to the Department by the
				  Corporation.