reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 15 - TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Chapter 393 - INFORMAL DISPUTE RESOLUTION AND INFORMAL RECONSIDERATION › Section 393.1 - Informal Dispute Resolution for Nursing Facilities and Intermediate Care Facilities for Individuals with an Intellectual Disability or Related Conditions (ICF/IID)

Current through Reg. 49, No. 28; July 12, 2024
(a) The Texas
				Health and Human Services Commission (HHSC) provides an informal dispute
				resolution (IDR) process for nursing facilities and intermediate care
				facilities for individuals with an intellectual disability or related
				conditions (ICF/IID) (hereinafter referred to collectively as "facility")
				through which a facility may dispute deficiencies/violations cited against that
				facility by the State survey agency, or its designee.
(b) The HHSC IDR Department must receive a
				facility's written request for an IDR no later than the tenth calendar day
				after the facility's receipt of the official statement of
				deficiencies/violations from the State survey agency, or its designee. The
				facility must submit its written request for an IDR on the form designated for
				that purpose by HHSC. HHSC will make that form publicly available, e.g.,
				maintained on the HHSC website.
(c)
				Within three business days of its receipt of the facility's written request for
				an IDR, HHSC will notify the facility and the State survey agency's regional
				office under which the facility operates of its receipt of the
				request.
(d) Within five calendar
				days of HHSC's receipt of the facility's request for an IDR, HHSC must receive
				from the facility the facility's rebuttal letter and attached supporting
				documentation. The rebuttal letter must contain:
(1) a list of the deficiencies/violations
				disputed (only those deficiencies/violations listed on the IDR request form and
				addressed in the rebuttal letter and supporting documentation will be
				reviewed);
(2) the reason or
				reasons each deficiency/violation is disputed; and
(3) the outcome desired by the facility for
				each disputed deficiency/violation.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 15 - TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Chapter 393 - INFORMAL DISPUTE RESOLUTION AND INFORMAL RECONSIDERATION › Section 393.2 - Informal Dispute Resolution for Assisted Living Facilities

Current through Reg. 49, No. 28; July 12, 2024
(a) The Texas Health and Human Services
				Commission (HHSC) provides an informal dispute resolution (IDR) process for
				assisted living facilities (ALFs) through which an ALF may dispute violations
				cited against that ALF by the State survey agency.
(b) The HHSC IDR Department must receive the
				ALF's written request for an IDR no later than the tenth calendar day after the
				ALF's receipt of the official statement of violations. The ALF must submit its
				written request for an IDR on the form designated for that purpose by HHSC.
				HHSC will make that form publicly available, e.g., maintained on the HHSC
				website.
(c) Within three business
				days of its receipt of the ALF's written request for an IDR, HHSC will notify
				the ALF and the State survey agency's regional office under which the ALF
				operates of its receipt of the request.
(d) Within 15 calendar days of HHSC's receipt
				of the ALF's request for an IDR, HHSC must receive from the ALF the ALF's
				rebuttal letter and attached supporting documentation. The rebuttal letter must
				contain:
(1) a list of the violations
				disputed (only those violations listed on the IDR request form and addressed in
				the rebuttal letter and supporting documentation will be reviewed);
(2) the reason or reasons each violation is
				disputed; and
(3) the outcome
				desired by the ALF for each disputed violation.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 15 - TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Chapter 393 - INFORMAL DISPUTE RESOLUTION AND INFORMAL RECONSIDERATION › Section 393.3 - Informal Dispute Resolution for Texas Home Living and Home and Community-based Service Providers

Current through Reg. 49, No. 28; July 12, 2024
(a) The Texas
				Health and Human Services Commission (HHSC) provides an informal dispute
				resolution (IDR) process for Texas Home Living (TxHmL) and Home and
				Community-based Service (HCS) providers (hereinafter referred to collectively
				as "provider") through which a provider may dispute violations cited against
				that provider by the State survey agency.
(b) The HHSC IDR Department must receive a
				provider's written request for an IDR no later than the tenth calendar day
				after the provider's receipt of the official Statement of Licensing Violations
				from the State survey agency, or its designee. The provider must submit its
				written request for an IDR on the form designated for that purpose by HHSC.
				HHSC makes that form publicly available, e.g., maintained on the HHSC
				website.
(c) Within three business
				days of its receipt of the provider's written request for an IDR, HHSC notifies
				the provider and the State survey agency of its receipt of the
				request.
(d) Within five calendar
				days of HHSC's receipt of the provider's request for an IDR, HHSC must receive
				from the provider the provider's rebuttal letter and attached supporting
				documentation. The rebuttal letter must contain:
(1) a list of the violations disputed (only
				those violations listed on the IDR request form and addressed in the rebuttal
				letter and supporting documentation are reviewed);
(2) the reason or reasons each violation is
				disputed; and
(3) the outcome
				desired by the provider for each disputed violation.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 15 - TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Chapter 394 - MEDIATION AND NEGOTIATED RULEMAKING › Section 394.1 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
For purposes of this chapter, terms used herein have the
				  following meaning:
(1) Mediation--is a
				method by which an impartial third party facilitates communication between the
				parties to promote reconciliation and settlement. It may include the use of
				early neutral evaluation in which an impartial third party first evaluates the
				strengths and weaknesses of each party's position in order to initiate
				mediation or any other form of informal assistance that facilitates the
				settlement of disputes.
(2)
				Dispute--any disagreement, complaint, contested case, or other circumstances in
				which the commission authorizes the use of mediation. Disputes that may result
				in claims under Chapter 2260 of the Texas Government Code are conducted in
				accordance with the rules in Chapter 392 of this title.
(3) Impartial third party or mediator--a
				person who meets the qualifications and conditions under the Governmental
				Dispute Resolution Act (Chapter 2009 of the Texas Government Code) for
				impartial third parties.
(4)
				Commission--the Texas Health and Human Services Commission.
(5) HHS agencies--the Commission and all
				health and human service agencies.
(6) DR Administrator--the Commission's
				dispute resolution manager.
(7) DR
				Coordinator--the dispute resolution coordinator for an area, program or
				agency.
(8) Negotiated
				rulemaking--is a process authorized by Chapter 2008 of the Texas Government
				Code in which agency officials and representatives of various affected
				interests meet in an attempt to develop a consensus regarding proposed
				rules.
(9) Contested Case--as
				defined in Texas Government Code §
									RSA
				2001.003.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 15 - TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Chapter 394 - MEDIATION AND NEGOTIATED RULEMAKING › Section 394.2 - Policy

Current through Reg. 49, No. 28; July 12, 2024
(a) Mediation. It is the Commission's policy
				to encourage the voluntary use of appropriate alternative dispute resolution
				procedures at the earliest stage possible to assist in resolving internal and
				external disputes within the jurisdiction of the HHS agencies. Use of these
				procedures may resolve the entire issue or a portion of the issue in
				controversy.
(b) Negotiated
				Rulemaking. The Commission is committed to involving the public to the greatest
				degree possible in the development of its rules. One method to accomplish this
				is the use of negotiated rulemaking, which will be employed when
				appropriate.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 15 - TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Chapter 394 - MEDIATION AND NEGOTIATED RULEMAKING › Section 394.3 - Circumstances in Which Mediation is Offered

Current through Reg. 49, No. 28; July 12, 2024
(a) An individual may request mediation
				through the Office of the Ombudsman in order to resolve issues related to HHS
				agency programs, processes, staff or facilities. Mediation should be requested
				through the Office of the Ombudsman when circumstances require assistance
				beyond the normal health and human services procedures. The Office of the
				Ombudsman may use informal means to facilitate settlement to disputes prior to
				employing formal mediation processes.
(b) Employees of HHS agencies may request
				mediation of grievances or other workplace conflicts.
(c) Employees of HHS agencies may request
				mediation of internal civil rights or administrative complaints. The Civil
				Rights Office may use informal means to facilitate settlement to disputes prior
				to referral to the formal mediation process. The Civil Rights Office will
				coordinate referral for formal mediation as appropriate.
(d) Either party to a contested case
				involving HHS agencies may request mediation.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 15 - TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Chapter 394 - MEDIATION AND NEGOTIATED RULEMAKING › Section 394.4 - Dispute Resolution Administrator

Current through Reg. 49, No. 28; July 12, 2024
(a)
				The Commission will designate a Dispute Resolution Administrator to perform the
				following functions:
(1) coordinate the
				implementation of the above policy;
(2) serve as a resource for any training
				needed to implement mediation or negotiated rulemaking;
(3) collect data concerning the effectiveness
				of these procedures as implemented by the HHS agencies; and
(4) receive requests for mediation and
				identify impartial third parties.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 15 - TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Chapter 394 - MEDIATION AND NEGOTIATED RULEMAKING › Section 394.5 - Dispute Resolution Coordinators

Current through Reg. 49, No. 28; July 12, 2024
Those programs and areas of the Commission that may be
				  involved in mediation will designate a Dispute Resolution Coordinator to
				  perform the following, part-time functions:
(1) receive requests for mediation;
(2) identify impartial third parties;
				and
(3) coordinate with and assist
				the DR Administrator.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 15 - TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Chapter 394 - MEDIATION AND NEGOTIATED RULEMAKING › Section 394.6 - Mediation Process

Current through Reg. 49, No. 28; July 12, 2024
(a) Request for
				Mediation. Any request for the use of mediation to resolve a dispute must be
				made in writing and submitted to the appropriate DR Coordinator or
				Administrator except in contested cases, where the request must be made to the
				administrative law judge. The request must state the nature of the dispute and
				the parties involved. In determining whether mediation is appropriate in a
				particular case, the following factors may be considered:
(1) whether there are potential outcomes and
				solutions that are only available through mediation;
(2) whether there is a reasonable likelihood
				that mediation will result in an agreement;
(3) whether a candid and confidential
				discussion among the parties may help resolve the dispute;
(4) whether negotiations between the parties
				have been unsuccessful and could be improved with the assistance of an
				impartial third party; or
(5)
				whether the use of mediation may use less resources and take less time than
				other available procedures.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 15 - TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Chapter 394 - MEDIATION AND NEGOTIATED RULEMAKING › Section 394.7 - Negotiated Rulemaking

Current through Reg. 49, No. 28; July 12, 2024
(a) Use of
				Negotiated Rulemaking. Before considering whether to propose the use of
				negotiated rulemaking, HHS agencies will consider whether, to a significant
				degree, its use would:
(1) be more likely to
				result in workable or reasonable regulations;
(2) offer opportunity for a creative solution
				to regulatory issues; or
(3)
				decrease the likelihood of litigation.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 15 - TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Chapter 395 - CIVIL RIGHTS › Subchapter A - GENERAL PROVISIONS › Section 395.1 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
(a) The purpose of this chapter is:
(1) to implement federal and state civil
				  rights laws and regulations that prohibit discrimination in programs and
				  services administered directly by or through contract or other arrangements
				  with the HHS agencies;
(2) to
				  describe the civil rights responsibilities of the HHS agencies; and
(3) to establish the role of HHSC's Civil
				  Rights Office in implementing federal and state civil rights laws and
				  regulations governing HHS agencies.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 15 - TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Chapter 395 - CIVIL RIGHTS › Subchapter B - RESPONSIBILITIES OF HEALTH AND HUMAN SERVICES AGENCIES › Section 395.11 - HHS Agency Responsibilities

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Discrimination and retaliation prohibited. The HHS agencies prohibit:
(1) discrimination in the administration and
				  operation of an HHS program or service, directly or through contractual or
				  other arrangements, on the basis of race, color, national origin, sex, age,
				  disability, religion, or, for the Supplemental Nutrition Assistance Program
				  (SNAP) only, political belief; and
(2) retaliation against an individual because
				  the individual opposed discriminatory practices.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 15 - TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Chapter 395 - CIVIL RIGHTS › Subchapter B - RESPONSIBILITIES OF HEALTH AND HUMAN SERVICES AGENCIES › Section 395.12 - Role of the HHSC Civil Rights Office

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  The HHSC Civil Rights Office (CRO) provides information about civil rights
				  policies and procedures to the HHS agencies. The HHSC CRO provides guidance and
				  technical assistance to each HHS agency so that personnel with supervisory
				  responsibilities in HHS agencies and HHS agency contractors are able to address
				  compliance issues related to civil rights laws, regulations, and HHS civil
				  rights policies and procedures.
(b)
				  The HHSC CRO staff provides information about applicable civil rights laws and
				  regulations to institutions, organizations, contractors, and individuals upon
				  request.
(c) The HHSC CRO receives
				  and investigates complaints alleging violations of civil rights laws,
				  regulations, and HHS civil rights policies and procedures.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 15 - TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Chapter 395 - CIVIL RIGHTS › Subchapter C - COMPLAINTS › Section 395.21 - Complaints and Complaint Procedures

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  HHSC Civil Rights Office (CRO) sets policies and procedures to address
				  complaints resulting from alleged discrimination.
(b) A complainant may file a complaint
				  against an HHS agency or an HHS agency contractor with the HHSC Civil Rights
				  Office (CRO) or with an HHS agency by personal contact, letter, e-mail,
				  Internet, telephone, or other means.
(1) A
				  complainant must file a complaint within 180 calendar days after the alleged
				  discriminatory act. The HHSC CRO Director may extend the time period for filing
				  a complaint.
(2) When an HHS agency
				  employee or contractor receives a complaint, the employee or contractor must
				  forward the complaint within 10 calendar days to the HHSC CRO for
				  processing.
(3) The HHS agency
				  employee or contractor must advise the complainant, at the services delivery
				  point, of the right to file a complaint with the federal enforcement agency or
				  the HHSC CRO, or both entities.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 15 - TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Chapter 395 - CIVIL RIGHTS › Subchapter C - COMPLAINTS › Section 395.22 - Complaint Records

Current through Reg. 49, No. 28; July 12, 2024
(a) The HHSC Civil
				  Rights Office (CRO) maintains records pertaining to the complaint according to
				  applicable federal and state records retention requirements.
(1) The records include the details of the
				  investigation as well as any action taken by the HHS agency.
(2) HHSC CRO discloses information pertaining
				  to the complaint of discrimination and the investigation only when necessary
				  for the investigation, in resolving the complaint, and in accordance with the
				  Texas Public Information Act.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 15 - TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Chapter 395 - CIVIL RIGHTS › Subchapter D - COMPLIANCE MONITORING › Section 395.31 - HHS Agency Compliance

Current through Reg. 49, No. 28; July 12, 2024
(a) The HHSC Civil
				  Rights Office (CRO) periodically conducts compliance reviews to determine if
				  programs and services administered by HHS agencies, directly or through
				  contractual, licensing, or other arrangements, are in compliance with
				  applicable civil rights requirements. The HHSC CRO Director, or designee,
				  determines the offices, programs, or facilities that will be reviewed and the
				  time frames in which they will be reviewed for civil rights
				  compliance.
(b) HHSC CRO's
				  compliance review standards, methods, and activities are set in accordance with
				  civil rights laws, regulations, methods of administration, instructions, and
				  guidance.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 15 - TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Chapter 395 - CIVIL RIGHTS › Subchapter D - COMPLIANCE MONITORING › Section 395.32 - Contractor Compliance

Current through Reg. 49, No. 28; July 12, 2024
(a) HHS agencies
				  must not participate in a contract or other arrangement for the provision of
				  services and benefits that has the effect of subjecting applicants or
				  participants to discrimination.
(1) HHS
				  agencies must include a requirement in each contract or other arrangement that
				  the contractor or other provider of services and benefits must provide services
				  and benefits without discrimination.
(2) If required by federal or state law,
				  regulation, or policy, HHS agencies must obtain a written assurance from each
				  service delivery contractor or other provider that the contractor or provider
				  must comply with all applicable civil rights laws and regulations.
(3) HHS agencies must instruct employees and
				  contract staff who regularly visit contracted service facilities and have
				  contact with families of applicants and participants to notify the HHSC Civil
				  Rights Office (CRO) of any suspected discriminatory act, or any discrepancies
				  in the intake, processing, and treatment of applicants and participants that
				  appear to be based on a protected class.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 15 - TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Chapter 395 - CIVIL RIGHTS › Subchapter E - EMPLOYMENT PRACTICES › Section 395.41 - Employment Practices

Current through Reg. 49, No. 28; July 12, 2024
HHS agencies must not discriminate in their employment and
					 recruitment practices. HHSC maintains comprehensive policies and procedures
					 applicable to all the HHS agencies intended to ensure that each HHS agency's
					 employment and recruitment practices will not discriminate or retaliate or have
					 a discriminatory effect.
(1) HHS
				  agencies must prominently display written materials on Equal Employment
				  Opportunity in their offices and on agency websites.
(2) The HHSC Civil Rights Office will issue
				  workforce analyses and will work with HHS agencies to develop recruitment plans
				  as required by state or federal laws and regulations.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 15 - TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Chapter 396 - EMPLOYEE TRAINING AND EDUCATION › Section 396.1 - Purpose and Applicability

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				purpose of this chapter is to implement Texas Government Code Chapter 656,
				Subchapter C, State Employees Training Act.
(b) This chapter applies to eligible
				employees of the Texas Health and Human Services Commission, the Texas
				Department of Aging and Disability Services, the Texas Department of State
				Health Services, the Texas Department of Family and Protective Services, the
				Texas Department of Assistive and Rehabilitative Services (collectively, "HHS
				Agencies"), and any successor agency to one of the foregoing
				agencies.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 15 - TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Chapter 396 - EMPLOYEE TRAINING AND EDUCATION › Section 396.2 - Educational and Training Assistance

Current through Reg. 49, No. 28; July 12, 2024
(a)
				The Health and Human Services Commission will develop educational and training
				assistance policies that are applicable to all HHS agency administrators and
				employees and are consistent with the State Employees Training Act, Texas
				Government Code Chapter 656, Subchapter C.
(1) The educational and training assistance
				policies will include eligibility criteria for administrator and employee
				participation in any available assistance opportunity as well as an explanation
				of the administrators' and employees' responsibilities and potential
				liabilities as participants.
(2)
				The Health and Human Services Commission makes the educational and training
				assistance policies available to all HHS agency administrators and
				employees.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 1 - GENERAL PROCEDURES › Subchapter A - GENERAL RULES OF PRACTICE › Section 1.2 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
The purpose of these rules is to provide for standards of
					 practice and procedure for actions by and before the department, thereby
					 encouraging public participation and notice of department actions. Department
					 proceedings shall be conducted in accordance with the APA and this subchapter.
					 This subchapter does not apply to Food and Nutrition appeals.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 1 - GENERAL PROCEDURES › Subchapter A - GENERAL RULES OF PRACTICE › Section 1.3 - Scope and Construction of Rules

Current through Reg. 49, No. 28;
				  July 12, 2024
(a) These
				  rules shall govern the procedure for the institution, conduct, and
				  determination of proceedings before the department including hearings referred
				  to SOAH. They shall not be construed so as to enlarge, diminish, modify, or
				  alter the jurisdiction, powers, authority, or the substantive rights of any
				  person or the department.
(b) When
				  references are made to the APA, the words "agency," "an agency," or "the
				  agency" used therein shall be taken to mean the department. When references are
				  made to the Texas Rules of Civil Procedure, or the Texas Rules of Evidence, the
				  word "court" used therein shall be taken to mean the department, or where
				  appropriate, SOAH, and the word "clerk" shall mean the hearings clerk or other
				  staff member primarily responsible for legal support to the administrative law
				  judge for the department, or where appropriate, SOAH. Any reference to
				  provisions of the APA or rules shall mean the provision cited as currently in
				  force or as it shall be hereafter amended.
(c) Where there is a conflict between these
				  rules and the joint memorandum of understanding between the department and SOAH
				  found at 1.310 of this title (relating to the Joint Memorandum of Understanding
				  (MOU) Between the Texas Department of Agriculture (TDA) and the State Office of
				  Administrative Hearings (SOAH) Concerning Procedures for Contested Cases
				  Conducted by SOAH for TDA), the joint memorandum of understanding shall
				  control.
(d) In the case of the
				  application of these rules to a hearing conducted by SOAH where there is a
				  conflict between these rules and the SOAH procedural rules found at Title 1,
				  Part 7, Chapter 155, the SOAH rules shall control.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 1 - GENERAL PROCEDURES › Subchapter A - GENERAL RULES OF PRACTICE › Section 1.4 - Procedure for Petition for Adoption of Rules

Current through Reg.
				  49, No. 28; July 12, 2024
(a) Any interested person may petition the
				  department for the adoption of a proposed rule pursuant to the APA,
				  §2001.021. A petition must:
(1) be in
				  writing and request that a rule be adopted;
(2) give a brief explanation of the proposed
				  rule;
(3) set out the precise text
				  of the proposed rule;
(4) give the
				  reasons or policy for the proposed rule;
(5) give the statutory or other authority for
				  the proposed rule;
(6) give
				  applicable fiscal information concerning the rule's impact upon state and local
				  governments, if adopted, separately stated for the first five years of the
				  rule's operation;
(7) give the
				  public benefit to be expected from the proposed rule in the first five years of
				  its operation;
(8) give the
				  probable economic cost to persons required to comply with the rule during the
				  first five years of its operation;
(9) contain the interested person's name,
				  email address and telephone number;
(10) be mailed to Texas Department of
				  Agriculture, Attn: Commissioner of Agriculture, P.O. Box 12847, Austin, TX
				  78711, or delivered to the department's headquarters at 1700 N. Congress Ave,
				  11th Floor, Austin, TX 78701; and
(11) be signed by the interested person and
				  dated.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 1 - GENERAL PROCEDURES › Subchapter A - GENERAL RULES OF PRACTICE › Section 1.5 - Filing and Service of Documents

Current through Reg. 49, No. 28; July 12,
				  2024
(a) All pleadings
				  filed by any party relating to any contested proceeding pending or to be
				  instituted before the department shall be filed with the hearings clerk or
				  other staff member primarily responsible for legal support to the
				  administrative law judge for the department, and if appropriate, SOAH. A
				  pleading shall be deemed filed only when actually received.
(b) A copy of any pleading filed by any party
				  in any proceeding, subsequent to the institution thereof, shall be mailed or
				  otherwise delivered by the party filing the same to every other party, or such
				  party's attorney of record not less than five days before the time specified
				  for the hearing.
(c) Service of a
				  document is complete upon deposit of the document in the mail, or with a
				  commercial delivery service, addressed to the party or the party's attorney and
				  sent to the party's last known address, or the attorney's last known address.
				  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 §
										1.6
				  of this chapter (relating to Computation and Enlargement of Time).
(d) Service may also be accomplished by fax.
				  Service by fax is complete when sent to the recipient's fax number. Service
				  completed after 5:00 p.m. local time of the recipient shall be deemed served on
				  the following day.
(e) Service may
				  also be accomplished by email. Service by email is complete when sent to the
				  recipient's last known email address. Service completed after 5:00 p.m. local
				  time of the recipient shall be deemed served on the following day.
(f) The willful failure of any party to make
				  such service shall be sufficient grounds for the entry of an order by the
				  administrative law judge, striking the protest, reply, answer, motion, or other
				  pleading from the record.
(g) A
				  certificate by the party, attorney, or representative who files a pleading,
				  stating that it has been served on the other parties, shall be prima facie
				  evidence of such service. The following form of certificate will be sufficient
				  in this connection: "I hereby certify that a copy of this (state name of
				  pleading) was sent by (state manner of service) to each addressee listed below
				  on ________________________. Signature."
(h) If a document was sent to a party by the
				  department by regular mail, certified mail, or registered mail, the document is
				  presumed to have been received no later than five days after mailing.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 1 - GENERAL PROCEDURES › Subchapter A - GENERAL RULES OF PRACTICE › Section 1.6 - Computation and Enlargement of Time

Current through Reg. 49, No. 28;
				  July 12, 2024
Unless otherwise provided by statute, time periods provided
					 for in these rules shall be computed and enlarged as provided in the Texas
					 Rules of Civil Procedure, Rules 4 and 5.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 1 - GENERAL PROCEDURES › Subchapter A - GENERAL RULES OF PRACTICE › Section 1.7 - Agreements Between Parties

Current through Reg. 49, No. 28; July 12,
				  2024
No agreement between the parties, their attorneys, or
					 representatives, with regard to any matter involved in any proceedings before
					 the department shall be enforced unless it be in writing, signed and filed with
					 the hearings clerk as part of the record of the case, or it be read into the
					 record of the hearing. This rule does not limit a party's ability to waive,
					 modify, or stipulate any right or privilege afforded by this chapter, unless
					 precluded by law.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 1 - GENERAL PROCEDURES › Subchapter A - GENERAL RULES OF PRACTICE › Section 1.9 - Effect of Signing of Pleadings, Sanctions

Current through Reg. 49, No.
				  28; July 12, 2024
The signatures of parties, representatives, or attorneys
					 shall constitute a certificate as provided in the Texas Rules of Civil
					 Procedure, Rule 13, and sanctions may be imposed for violations of that rule as
					 provided therein.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 1 - GENERAL PROCEDURES › Subchapter A - GENERAL RULES OF PRACTICE › Section 1.10 - Parties

Current through Reg. 49, No. 28; July 12, 2024
(a) Parties to proceedings before the
				  department shall be classified as applicants, petitioners, complainants,
				  respondents, or intervenors. Parties to a proceeding shall have the right to
				  present a direct case, cross-examine all witnesses, file requests for
				  discovery, make legal arguments, and otherwise fully participate as a party to
				  the proceeding.
(b) Regardless of
				  errors as to the designation of parties in their pleadings, the parties shall
				  be accorded their true status in a department proceeding.
(c) Any party in interest may appear in any
				  proceeding before the department at the administrative law judge's discretion.
				  All appearances shall be subject to a motion to strike upon a showing that the
				  party has no justiciable or administratively cognizable interest in the
				  proceeding. A petition to intervene in a proceeding before the department will
				  be denied if the inclusion of the intervenor in the proceeding would cause
				  unjustifiable delay or substantially change the nature of the
				  proceeding.
(d) Any party may
				  appear pro se, by a licensed attorney, or by authorized
				  representative.
(e) Any notice,
				  order, decision, or other communication required by statute or otherwise to be
				  directed at a party to a proceeding before the department may be served upon
				  that party's attorney of record or authorized representative with equal effect.
				  A party represented by more than one attorney or representative in a matter
				  before the department may be required by the administrative law judge to
				  designate a lead counsel or representative who shall have control in the
				  management of the matter, but all attorneys or representatives for the party
				  may take part in the proceeding in an orderly manner.
(f) A person appearing in a representative
				  capacity may be required to prove his authority.
(g) Withdrawals of attorneys and
				  representatives shall be governed by the provisions of the Texas Rules of Civil
				  Procedure, Rule 10. A motion to withdraw must be served on parties no less than
				  five days prior to the designated date that the matter is to be
				  heard.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 1 - GENERAL PROCEDURES › Subchapter A - GENERAL RULES OF PRACTICE › Section 1.11 - Pleadings

Current through Reg. 49, No. 28; July 12, 2024
(a) All pleadings shall be typewritten or
				  printed, double-spaced, upon paper 8 1/2 inches wide and 11 inches long with an
				  inside margin at least one inch wide, and exhibits annexed thereto shall be
				  folded to the same size. Reproductions are acceptable, provided all copies are
				  clear and permanently legible.
(b)
				  Pleadings shall state their object and shall contain a concise statement of the
				  facts in support of the same, and shall be signed by the party, the party's
				  attorney, or the party's authorized representative.
(c) The original of every pleading shall be
				  signed by the party filing it, or by such party's attorney or authorized
				  representative.
(d) All official
				  forms, if any, for use in certain department proceedings are available upon
				  request from the department. Such forms shall be printed when appropriate,
				  under the supervision of the commissioner. All pleadings which are the subject
				  of an official form shall contain the information, allegations, and other
				  matter designated in such official form and shall conform substantially to the
				  form thereof.
(e) All pleadings for
				  which no official form is prescribed shall contain:
(1) the name, mailing address, telephone
				  number, fax number and email address, if any, of the party seeking to bring
				  about or prevent action by the department;
(2) the names of all other known parties in
				  interest;
(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 or
				  otherwise; and
(6) a certificate of
				  service, as required by §
											1.5
				  of this chapter (relating to Filing and Service of
				  Documents).
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 1 - GENERAL PROCEDURES › Subchapter A - GENERAL RULES OF PRACTICE › Section 1.12 - Motions

Current through Reg. 49, No. 28; July 12, 2024
(a) Any motion relating to a pending
				  proceeding shall, unless made during a hearing, be written, set forth the
				  relief or order sought and the specific reasons and grounds therefor, and be
				  timely filed with the hearings clerk or other staff member primarily
				  responsible for legal support to the administrative law judge for the
				  department, in accordance with §
										1.5
				  of this chapter (relating to Filing and Service of Documents). If the movant
				  desires an oral argument on the motion, the motion shall so state.
(b) A reply to such motion may be filed by
				  any other party to the proceeding. If the party filing a response to a motion
				  desires an oral argument on the motion, the reply shall so state. A reply to a
				  written motion shall be filed on the earlier of five days after receipt of the
				  motion or on the date of the hearing.
(c) If based upon matters which do not appear
				  of record, the motion or reply shall be supported by affidavit.
(d) When necessary in the judgment of the
				  commissioner or the administrative law judge, a hearing may be held to consider
				  any motion.
(e) The administrative
				  law judge may issue a written decision on a motion, state the decision on the
				  record, or reserve ruling until after the hearing of the case. If a ruling on a
				  motion is reserved until after the hearing of the case, the ruling shall be in
				  writing and may be included in the proposal for decision or final
				  order.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 1 - GENERAL PROCEDURES › Subchapter A - GENERAL RULES OF PRACTICE › Section 1.13 - Docketing and Numbering of Cases; Notice of Hearing; Location of Hearings

Current through Reg. 49, No. 28; July 12, 2024
(a) Upon receipt of a pleading which is
				  intended to institute a proceeding before the department and complies with this
				  chapter as to form and content, the hearings clerk shall docket the same as a
				  pending proceeding, number it in accordance with any established docket
				  numbering system of the department, and assign an administrative law judge to
				  the action. If the action is to be referred to SOAH for hearing, the action
				  shall be referred to SOAH in accordance with the joint memorandum of
				  understanding between the department and SOAH.
(b) Upon the receipt of a request for setting
				  of a hearing on a docketed case, the hearings clerk or other staff member
				  primarily responsible for legal support to the administrative law judge for the
				  department, shall, in coordination with the administrative law judge, set a
				  hearing date and prepare the notice of hearing. If the case has been referred
				  to SOAH for hearing, the setting of the hearing and preparation and mailing of
				  the notice of hearing shall be done in accordance with the joint memorandum of
				  understanding between the department and SOAH available at Subchapter G, §
										1.310
				  of this chapter.
(c) Except as
				  provided in subsection (b) of this section, the notice of hearing shall be
				  issued by the administrative law judge and served on parties as provided at
				  §
										1.5
				  of this chapter (relating to Filing and Service of Documents).
(d) The notice of hearing shall comply with
				  the provisions of the APA, §2001.052.
(e) Except upon a showing of good cause, all
				  contested case hearings in which the department is a party shall be held in
				  Austin. A party may request a change of location by sending a written request
				  stating the reasons compelling such a change to the administrative law judge.
				  Any such request shall conform with the requirements of these rules and shall
				  be served upon parties in accordance with §
										1.5
				  of this chapter (relating to Filing and Service of Documents).
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 1 - GENERAL PROCEDURES › Subchapter A - GENERAL RULES OF PRACTICE › Section 1.15 - Prehearing Conference

Current through Reg. 49, No. 28; July 12,
				  2024
(a) In an
				  appropriate proceeding, to assist in the disposition of the proceeding without
				  expense or burden to the parties or the department, the administrative law
				  judge may direct the parties, their attorneys, or representatives to appear
				  before the administrative law judge for a conference to consider any matter
				  which may be considered under the Texas Rules of Civil Procedure, Rule 166,
				  using the procedures set out therein.
(b) The administrative law judge may order
				  that the conference provided for in these rules be conducted by videoconference
				  or telephone conference call.
(c)
				  The administrative law judge may order all or part of the prehearing conference
				  to be recorded.
(d) The
				  administrative law judge may issue a prehearing order reciting the actions
				  taken or to be taken with regard to any matter addressed at the prehearing
				  conference. Any such order shall be made a part of the case record.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 1 - GENERAL PROCEDURES › Subchapter A - GENERAL RULES OF PRACTICE › Section 1.16 - Consolidation or Separation of Matters

Current through Reg. 49, No. 28;
				  July 12, 2024
Consistent with notices required by law, the department may
					 consolidate or separate matters following the provisions of the Texas Rules of
					 Civil Procedure, Rule 174.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 1 - GENERAL PROCEDURES › Subchapter A - GENERAL RULES OF PRACTICE › Section 1.17 - Motions for Extension of Time

Current through Reg. 49, No. 28;
				  July 12, 2024
Motions for extension of time shall be in writing, filed
					 with the hearings clerk or other staff member primarily responsible for legal
					 support to the administrative law judge for the department, or SOAH, and served
					 on all parties no less than five days prior to the date that the matter is to
					 be heard. Such motions must state the specific grounds upon which the movant
					 seeks such action and reference all prior motions for extension of time filed
					 in the proceeding. The movant shall include a statement that the other party or
					 parties have been contacted and whether they oppose or agree to the motion for
					 extension of time. The movant must also provide a list of suggested future
					 dates for consideration by the administrative law judge. Except for good cause,
					 failure to comply with the provisions of this section may be construed as lack
					 of diligence on the part of the movant and may result in the denial of the
					 motion or other requested relief with prejudice to refiling.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 1 - GENERAL PROCEDURES › Subchapter A - GENERAL RULES OF PRACTICE › Section 1.18 - Administrative Law Judges

Current through Reg. 49, No. 28; July 12,
				  2024
(a) Every contested
				  case hearing on an action before the department shall be conducted by an
				  administrative law judge.
(b) The
				  administrative law judge presiding shall have the authority to do the
				  following:
(1) set hearing dates, times, and
				  locations;
(2) convene the hearing
				  at the date, time, and location specified in the notice for such
				  hearing;
(3) establish the
				  jurisdiction of the department concerning the matter under
				  consideration;
(4) rule on motions
				  and on the admissibility of evidence and amendments to pleadings;
(5) designate parties and establish the order
				  for presentation of evidence;
(6)
				  administer oaths to all persons presenting testimony;
(7) examine witnesses;
(8) issue subpoenas when required to compel
				  the attendance of witnesses, or the production of papers and documents relating
				  to the hearing, if the administrative law judge is employed by the
				  department;
(9) commission and
				  require the taking of depositions, if the administrative law judge is employed
				  by the department;
(10) ensure that
				  information and testimony are introduced as conveniently and expeditiously as
				  possible without prejudicing any rights of parties to the proceeding;
(11) conduct hearings in an orderly manner in
				  accordance with the Administrative Procedure Act and this chapter;
(12) recess any hearing from time to and from
				  place to place; and
(13) exercise
				  any other appropriate powers necessary or convenient to carry out his or her
				  responsibilities.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 1 - GENERAL PROCEDURES › Subchapter A - GENERAL RULES OF PRACTICE › Section 1.19 - Reporters and Transcript

Current through Reg. 49, No. 28; July 12,
				  2024
(a) All contested
				  case hearings shall be recorded by electronic means. Upon request, and payment
				  of the required fees, any person may be provided a copy of this
				  recording.
(b) Upon written request
				  by any party, a transcript of the hearing shall be made. The cost of the
				  preparation of such transcript shall be borne by the requesting party. The
				  transcript shall be filed with the administrative law judge and made part of
				  the record of the case. Parties may purchase copies of a transcript upon
				  payment of applicable charges.
(c)
				  Errors claimed in any transcription shall be noted in writing and suggested
				  corrections may be offered within 10 days after the transcript is filed with
				  the administrative law judge. Such time for suggested corrections may be
				  extended by the administrative law judge. Suggested corrections shall be served
				  in writing upon each party of record and upon the administrative law judge. If
				  not objected to within 10 days after being offered, the administrative law
				  judge shall direct that such suggested corrections be made and shall stipulate
				  the manner of making such corrections. In the event that parties disagree on
				  suggested corrections, the administrative law judge, with the aid of argument
				  and testimony from the parties, shall then determine the manner in which the
				  record shall be changed.
(d) In
				  addition to preparation of a transcript upon the request of a party,
				  transcripts shall be prepared when a final order is appealed to district court.
				  The party appealing the final order to district court shall pay all or a part
				  of the cost of preparation of the transcript of the hearing.
(e) A party may elect to preserve the
				  proceedings by stenographic or electronic means, or by use of a certified
				  shorthand reporter. Such record may be designated as the official record by the
				  chief administrative law judge upon notice to parties and opportunity to
				  request a hearing. The cost of such record shall be borne by the party
				  requesting the same.
(f) Any party
				  wishing to record a contested case hearing independently shall file a motion
				  requesting permission no later than five days before the hearing. The
				  administrative law judge shall grant, deny, or prescribe conditions governing
				  such recordings as justice and hearings decorum may require.
(g) Nothing in this section shall be
				  construed so as to limit the authority of the administrative law judge to
				  control the orderly conduct and decorum of the hearing.