reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 819 - CIVIL RIGHTS DIVISION › Subchapter H - DISCRIMINATORY HOUSING PRACTICES › Section 819.125 - Discriminatory Advertisements, Statements, and Notices

Current through Reg. 49, No. 28; July 12, 2024
(a) It is unlawful to discriminate based on
				  race, color, disability, religion, sex, national origin, or familial status by
				  making, printing, or publishing, or causing to be made, printed, or published,
				  any notice, statement, or advertisement with respect to the sale or rental of a
				  dwelling that indicates any preference, limitation, or discrimination, or an
				  intention to make any such preference, limitation, or discrimination.
(b) The prohibitions in this section shall
				  apply to all written or oral notices or statements by a person engaged in the
				  sale or rental of a dwelling. Written notices and statements include any
				  applications, flyers, brochures, deeds, signs, banners, posters, billboards,
				  electronic communications, or any documents used with respect to the sale or
				  rental of a dwelling.
(c)
				  Discriminatory notices, statements, and advertisements include, but are not
				  limited to:
(1) using words, phrases,
				  photographs, illustrations, symbols, or forms that convey that dwellings are
				  available or not available to a particular group of individuals based on race,
				  color, disability, religion, sex, national origin, or familial
				  status;
(2) expressing to agents,
				  brokers, employees, prospective sellers or renters, or any other individuals a
				  preference for or limitation on any potential buyer or renter based on race,
				  color, disability, religion, sex, national origin, or familial
				  status;
(3) selecting media or
				  locations for advertising the sale or rental of dwellings that deny particular
				  segments of the housing market information about housing opportunities based on
				  race, color, disability, religion, sex, national origin, or familial status;
				  and
(4) refusing to publish
				  advertising for the sale or rental of dwellings or requiring different charges
				  or terms for such advertising based on race, color, disability, religion, sex,
				  national origin, or familial status.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 819 - CIVIL RIGHTS DIVISION › Subchapter H - DISCRIMINATORY HOUSING PRACTICES › Section 819.126 - Discriminatory Representations on the Availability of Dwellings

Current through Reg. 49, No. 28; July 12, 2024
(a) It is unlawful to discriminate, based on
				  race, color, disability, religion, sex, national origin, or familial status, by
				  providing inaccurate or untrue information about the availability of dwellings
				  for sale or rent.
(b) Prohibited
				  actions under this section include, but are not limited to:
(1) indicating through words or conduct that
				  a dwelling that is available for inspection, sale, or rent has been sold or
				  rented based on race, color, disability, religion, sex, national origin, or
				  familial status;
(2) representing
				  that covenants or other deed, trust, or lease provisions that purport to
				  restrict the sale or rental of dwellings based on race, color, disability,
				  religion, sex, national origin, or familial status preclude the sale or rental
				  of a dwelling to a person;
(3)
				  enforcing covenants or other deed, trust, or lease provisions that preclude the
				  sale or rental of a dwelling to any person based on race, color, disability,
				  religion, sex, national origin, or familial status;
(4) limiting information, through words or
				  conduct, regarding suitably priced dwellings available for inspection, sale, or
				  rent based on race, color, disability, religion, sex, national origin, or
				  familial status; and
(5) providing
				  false or inaccurate information regarding the availability of a dwelling for
				  sale or rent to any person, including testers, regardless of whether such
				  person is actually seeking housing based on race, color, disability, religion,
				  sex, national origin, or familial status.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 819 - CIVIL RIGHTS DIVISION › Subchapter H - DISCRIMINATORY HOUSING PRACTICES › Section 819.127 - Discriminatory Practices Regarding Entry into a Neighborhood

Current through Reg. 49, No. 28; July 12, 2024
(a) It is unlawful to discriminate based on
				  race, color, disability, religion, sex, national origin, or familial status by
				  inducing or attempting to induce for profit a person to sell or rent a dwelling
				  by representations regarding the entry or prospective entry into the
				  neighborhood of an individual or group of individuals.
(b) Prohibited actions under this section
				  include, but are not limited to:
(1) engaging
				  in conduct (including uninvited solicitations for listings) that conveys to a
				  person that a neighborhood is undergoing or is about to undergo a change in the
				  race, color, disability, religion, sex, national origin, or familial status of
				  individuals residing in it or in order to encourage the person to offer a
				  dwelling for sale or rent; and
(2)
				  encouraging a person to sell or rent a dwelling through assertions that the
				  entry or prospective entry of individuals of a particular race, color,
				  disability, religion, sex, national origin, or familial status can or will
				  result in undesirable consequences for the project, neighborhood, or community,
				  such as a lowering of property values, an increase in criminal or antisocial
				  behavior, or a decline in the quality of schools or other services or
				  facilities.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 819 - CIVIL RIGHTS DIVISION › Subchapter H - DISCRIMINATORY HOUSING PRACTICES › Section 819.128 - Discrimination in the Selling, Brokering, or Appraising of Residential Real Property

Current through Reg. 49, No. 28; July 12, 2024
(a) It is unlawful
				  for a person whose business includes engaging in selling, brokering, or
				  appraising of residential real property to discriminate based on race, color,
				  disability, religion, sex, national origin, or familial status.
(b) It is unlawful to discriminate based on
				  race, color, disability, religion, sex, national origin, or familial status by
				  denying any person access to or membership or participation in any multiple
				  listing service, real estate brokers' organization, or other service,
				  organization, or facility relating to the business of selling or renting
				  dwellings, or to discriminate against any person in the terms or conditions of
				  such access, membership, or participation.
(c) Prohibited actions under this section
				  include, but are not limited to:
(1) setting
				  different fees for access to or membership in a multiple listing
				  service;
(2) denying or limiting
				  benefits accruing to members in a real estate brokers' organization;
(3) imposing different standards or criteria
				  for membership in a real estate sales or rental organization; and
(4) establishing geographic boundaries or
				  office location or residence requirements for access to, or membership or
				  participation in, any multiple listing service, real estate brokers'
				  organization, or other service, organization, or facility relating to the
				  business of selling or renting dwellings.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 819 - CIVIL RIGHTS DIVISION › Subchapter H - DISCRIMINATORY HOUSING PRACTICES › Section 819.129 - Discrimination in Residential Real Estate Transactions

Current through Reg. 49, No. 28; July 12, 2024
It is unlawful for a person whose business includes
					 engaging in residential real estate-related transactions to discriminate based
					 on race, color, disability, religion, sex, national origin, or familial status
					 in making such a transaction available or in the terms or conditions of such a
					 transaction.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 819 - CIVIL RIGHTS DIVISION › Subchapter H - DISCRIMINATORY HOUSING PRACTICES › Section 819.130 - Discrimination in Making Loans and in the Provision of Other Financial Assistance

Current through Reg. 49, No. 28; July 12, 2024
(a) It is unlawful
				  for a person whose business includes engaging in residential real
				  estate-related transactions to discriminate based on race, color, disability,
				  religion, sex, national origin, or familial status in making loans or other
				  financial assistance available for a dwelling, or which is or is to be secured
				  by a dwelling.
(b) It is unlawful
				  for a person engaged in making loans or in the provision of other financial
				  assistance relating to the purchase, construction, improvement, repair, or
				  maintenance of dwellings that are secured by residential real estate to impose
				  different terms or conditions for the availability of such loans or other
				  financial assistance based on race, color, disability, religion, sex, national
				  origin, or familial status.
(c)
				  Prohibited practices under this section include, but are not limited to:
(1) failing or refusing to provide to a
				  person, in connection with a residential real estate-related transaction,
				  information regarding the availability of loans or other financial assistance,
				  application requirements, procedures, or standards for the review and approval
				  of loans or financial assistance, or providing information that is inaccurate
				  or different from that provided to others based on race, color, disability,
				  religion, sex, national origin, or familial status;
(2) using different policies, practices, or
				  procedures in evaluating or determining creditworthiness of any person in
				  connection with the provision of a loan or other financial assistance for a
				  dwelling or for a loan or other financial assistance that is secured by
				  residential real estate based on race, color, disability, religion, sex,
				  national origin, or familial status; and
(3) determining the type of loan or other
				  financial assistance to be provided with respect to a dwelling, or fixing the
				  amount, interest rate, duration, or other terms of a loan or other financial
				  assistance for a dwelling or for a loan or other financial assistance that is
				  secured by residential real estate based on race, color, disability, religion,
				  sex, national origin, or familial status.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 819 - CIVIL RIGHTS DIVISION › Subchapter H - DISCRIMINATORY HOUSING PRACTICES › Section 819.131 - Discrimination in Purchasing Loans

Current through Reg. 49, No. 28; July 12, 2024
(a) It is
				  unlawful for a person engaged in the purchasing of loans or other debts or
				  securities that support the purchase, construction, improvement, repair, or
				  maintenance of a dwelling, or that are secured by residential real estate, to
				  discriminate based on race, color, disability, religion, sex, national origin,
				  or familial status by refusing to purchase such loans, debts, or securities, or
				  by imposing different terms or conditions for such purchases.
(b) Unlawful conduct under this section
				  includes, but is not limited to:
(1)
				  purchasing loans or other debts or securities that relate to or are secured by
				  dwellings in certain communities or neighborhoods but not in others based on
				  race, color, disability, religion, sex, national origin, or familial
				  status;
(2) pooling or packaging
				  loans or other debts or securities differently that relate to or are secured by
				  dwellings based on race, color, disability, religion, sex, national origin, or
				  familial status; and
(3) imposing
				  or using different terms or conditions on the marketing or sale of securities
				  issued on the basis of loans or other debts or securities that relate to or are
				  secured by dwellings based on race, color, disability, religion, sex, national
				  origin, or familial status.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 819 - CIVIL RIGHTS DIVISION › Subchapter H - DISCRIMINATORY HOUSING PRACTICES › Section 819.132 - Discrimination Based on Disability

Current through Reg. 49, No. 28; July 12, 2024
(a) It is
				  unlawful to discriminate by refusing to sell or rent, or otherwise make
				  unavailable, or deny a dwelling to a potential buyer or renter based on a
				  disability of:
(1) the potential buyer or
				  renter;
(2) a person residing in or
				  intending to reside in that dwelling after it is so sold, rented, or made
				  available; or
(3) any person
				  associated with that person.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 819 - CIVIL RIGHTS DIVISION › Subchapter H - DISCRIMINATORY HOUSING PRACTICES › Section 819.133 - Discrimination in Refusing Reasonable Modifications of Existing Premises

Current through Reg. 49, No. 28; July 12, 2024
(a) It is unlawful for a person to refuse to
				  allow, at the expense of an individual with a disability, reasonable
				  modifications of existing premises, occupied or to be occupied by an individual
				  with a disability, if the proposed modifications may be necessary to afford the
				  individual with a disability full enjoyment of the premises of a dwelling. In
				  the case of a rental, the landlord may, where it is reasonable to do so,
				  condition permission for a modification on the renter agreeing to restore the
				  interior of the premises to the condition that existed before the modification,
				  reasonable wear and tear excepted. The landlord may not increase a customarily
				  required security deposit for individuals with disabilities. However, where it
				  is necessary to ensure with reasonable certainty that funds are available to
				  pay for the restorations at the end of the tenancy, the landlord may negotiate
				  as part of such a restoration agreement a provision requiring that the tenant
				  pay into an interest-bearing escrow account, over a reasonable period, a
				  reasonable amount of money not to exceed the cost of the restorations. The
				  interest in any such account shall accrue to the benefit of the
				  tenant.
(b) As a condition for
				  granting a renter permission for a modification, a landlord may require a
				  reasonable description of the proposed modifications, reasonable assurances
				  that the work will be done in a workmanlike manner, and assurances that
				  required building permits will be obtained.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 819 - CIVIL RIGHTS DIVISION › Subchapter H - DISCRIMINATORY HOUSING PRACTICES › Section 819.134 - Discrimination in Refusing Reasonable Accommodations

Current through Reg. 49, No. 28; July 12, 2024
It is unlawful for a person to refuse to make reasonable
					 accommodations in rules, policies, practices, or services, when such
					 accommodations may be necessary to afford an individual with a disability equal
					 opportunity to use and enjoy a dwelling unit, including public and common use
					 areas.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 819 - CIVIL RIGHTS DIVISION › Subchapter H - DISCRIMINATORY HOUSING PRACTICES › Section 819.135 - Discrimination in Design and Construction Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) It is unlawful to design and construct
				  covered multifamily dwellings for first occupancy after March 13, 1991, that do
				  not have at least one building entrance on an accessible route, unless it is
				  impractical to do so because of the terrain or unusual characteristics of the
				  site. For purposes of this section, covered multifamily dwellings shall be
				  deemed to be designed and constructed for first occupancy on or before March
				  13, 1991, if they are occupied by that date or if the last building permit or
				  renewal for the covered multifamily dwellings is issued by a state, county, or
				  local government on or before January 13, 1990. The burden of establishing
				  impracticality because of terrain or unusual site characteristics is on the
				  person who designed or constructed the housing facility.
(b) It is unlawful to design and construct
				  covered multifamily dwellings for first occupancy after March 13, 1991, with a
				  building entrance on an accessible route that do not provide:
(1) public and common use areas readily
				  accessible to and usable by individuals with disabilities;
(2) doors that are sufficiently wide to allow
				  passage into and within the entire premises by individuals in wheelchairs;
				  or
(3) interior premises with the
				  following features of adaptable design:
(A)
				  accessible routes into and through the covered dwelling unit;
(B) light switches, electrical outlets,
				  thermostats, and other environmental controls in accessible
				  locations;
(C) reinforcements in
				  bathroom walls to allow later installation of grab bars around the toilet, tub,
				  shower, stall, and shower seat, where such facilities are provided;
				  and
(D) usable kitchens and
				  bathrooms to allow an individual in a wheelchair to maneuver.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 819 - CIVIL RIGHTS DIVISION › Subchapter I - TEXAS FAIR HOUSING ACT COMPLAINTS AND APPEALS PROCESS › Section 819.151 - Filing a Complaint

Current through Reg. 49, No. 28; July 12, 2024
(a) A person may
				  telephone, write, visit, e-mail, fax, or otherwise contact CRD to obtain
				  information on filing a complaint with CRD.
(b) At the complainant's request, CRD:
(1) shall confer with the complainant about
				  the facts and circumstances that may constitute the alleged unlawful housing
				  practice; and
(2) shall assist the
				  complainant with preparation of the complaint if the facts and circumstances
				  constitute an alleged unlawful housing practice; or
(3) may advise the complainant if the facts
				  and circumstances presented to CRD do not appear to constitute an unlawful
				  housing practice.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 819 - CIVIL RIGHTS DIVISION › Subchapter I - TEXAS FAIR HOUSING ACT COMPLAINTS AND APPEALS PROCESS › Section 819.152 - Legal Representation

Current through Reg. 49, No. 28; July 12, 2024
The complainant and respondent may be represented by an
					 attorney or designated agent.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 819 - CIVIL RIGHTS DIVISION › Subchapter I - TEXAS FAIR HOUSING ACT COMPLAINTS AND APPEALS PROCESS › Section 819.153 - Investigation of a Complaint

Current through Reg. 49, No. 28; July 12, 2024
(a) Upon the
				  acceptance of a complaint under this chapter, CRD shall initiate an
				  investigation. The CRD director may initiate an investigation to determine
				  whether a complaint should be filed under this chapter and the Texas Fair
				  Housing Act, Subchapter E. Such investigations shall be conducted in accordance
				  with the procedures set forth in this chapter. CRD also may invite the parties
				  to participate in a voluntary mediation program in an effort to conciliate the
				  dispute.
(b) The CRD director shall
				  determine the scope and nature of the investigation within the context of the
				  allegations set forth in the complaint.
(c) At all reasonable times in the complaint
				  investigation, the CRD director shall have access to:
(1) necessary witnesses for examination under
				  oath or affirmation; and
(2)
				  records, documents, and other information relevant to the investigation of
				  alleged violations of the Texas Fair Housing Act, for inspection and
				  copying.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 819 - CIVIL RIGHTS DIVISION › Subchapter I - TEXAS FAIR HOUSING ACT COMPLAINTS AND APPEALS PROCESS › Section 819.154 - Pattern and Practice Complaints

Current through Reg. 49, No. 28; July 12, 2024
When the CRD director determines that the alleged
					 discriminatory practices contained in a complaint are pervasive or
					 institutional in nature, or that the processing of the complaint may involve
					 complex issues, questions of first impression, or may affect a large number of
					 people, the CRD director may identify it as a pattern and practice complaint.
					 This determination can be based on the face of the complaint or on information
					 gathered in connection with an investigation. Pattern and practice
					 investigations may focus not only on documenting facts involved in the
					 complaint but also on review of other policies and procedures to ensure
					 compliance with the nondiscrimination requirements of the Texas Fair Housing
					 Act.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 819 - CIVIL RIGHTS DIVISION › Subchapter I - TEXAS FAIR HOUSING ACT COMPLAINTS AND APPEALS PROCESS › Section 819.155 - Conciliation

Current through Reg. 49, No. 28; July 12, 2024
(a) During the period beginning with the
				  filing of the complaint and ending with the filing of a charge or the dismissal
				  of the complaint by the CRD director, CRD shall attempt to conciliate the
				  complaint.
(b) In conciliating a
				  complaint, CRD shall attempt to achieve a just resolution of the complaint and
				  to obtain assurances that the respondent will satisfactorily remedy any
				  violations of the rights of the complainant, and take such action that will
				  assure the elimination of discriminatory housing practices, or the prevention
				  of their occurrence, in the future.
(c) The terms of a settlement of a complaint
				  shall be reduced to a written conciliation agreement. The conciliation
				  agreement shall protect the interests of the complainant, other people
				  similarly situated, and the public interest.
(d) The agreement is subject to the approval
				  of the CRD director, who shall indicate approval by signing the agreement. The
				  CRD director shall approve an agreement and execute the agreement, only if:
(1) the complainant and the respondent agree
				  to the relief; and
(2) the
				  provisions of the agreement shall adequately protect the public
				  interest.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 819 - CIVIL RIGHTS DIVISION › Subchapter J - FAIR HOUSING DEFERRAL TO MUNICIPALITIES › Section 819.171 - Deferral

Current through Reg. 49, No. 28; July 12, 2024
Pursuant to Texas Fair Housing Act §301.068, CRD may
					 defer proceedings and refer complaints to a municipality that is currently
					 certified by HUD as a Fair Housing Assistance Program (FHAP) to investigate
					 fair housing complaints and enforce violations.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 819 - CIVIL RIGHTS DIVISION › Subchapter K - FAIR HOUSING ADMINISTRATIVE HEARINGS AND JUDICIAL REVIEW › Section 819.191 - Administrative Hearings

Current through Reg. 49, No. 28; July 12, 2024
(a) Administrative
				  hearings shall be conducted by the Agency's Special Hearings Department
				  pursuant to the procedures set forth in this Subchapter K, which incorporates
				  the procedures set forth in Texas Government Code, Chapter 2001, Subchapters C
				  - D, F - H, and Z, and adapts such procedures specifically for fair housing
				  administrative hearings. If any procedures under this Subchapter K are in
				  conflict with Texas Government Code, Chapter 2001, Subchapters C - D, F - H, or
				  Z, such subchapters under Chapter 2001 shall control.
(b) Hearings may be conducted by electronic
				  means, including but not limited to telephonic hearings, unless the hearing
				  officer determines that an in-person hearing is necessary.
(c) Parties needing special accommodations,
				  including the need for a bilingual or sign language interpreter, shall make
				  this request before the hearing is set, if possible, or as soon as
				  practical.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 819 - CIVIL RIGHTS DIVISION › Subchapter K - FAIR HOUSING ADMINISTRATIVE HEARINGS AND JUDICIAL REVIEW › Section 819.192 - Parties

Current through Reg. 49, No. 28; July 12, 2024
(a) Parties to proceedings under this section
				  are the Agency, respondent(s) and any intervenors. Respondents include persons
				  named as such in a charge issued under §819.156.
(b) An aggrieved person as defined under
				  Texas Property Code §
										301.003(1)
				  is not a party but may file a motion to intervene. Requests for intervention
				  shall be filed within 50 days after the issuance of the charge; however, the
				  hearing officer may allow intervention beyond that time. An intervenor's right
				  to participate as a party may be restricted by order of the hearing
				  officer.
(c) Intervention shall be
				  permitted if the person requesting intervention is:
(1) The aggrieved person on whose behalf the
				  charge is issued; or
(2) An
				  aggrieved person who claims an interest in the property or transaction that is
				  the subject of the charge and the disposition of the charge may, as a practical
				  matter, impair or impede this person's ability to protect that interest, unless
				  the aggrieved person is adequately represented by the existing
				  parties.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 819 - CIVIL RIGHTS DIVISION › Subchapter K - FAIR HOUSING ADMINISTRATIVE HEARINGS AND JUDICIAL REVIEW › Section 819.193 - Evidence and Prehearing Conference

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Evidence Generally. Evidence, including hearsay evidence, shall be admitted if
				  it is relevant and if in the judgment of the hearing officer it is the kind of
				  evidence on which reasonably prudent persons are accustomed to rely in
				  conducting their affairs. However, the hearing officer may exclude evidence if
				  its probative value is outweighed by the danger of unfair prejudice, by
				  confusion of the issues, or by reasonable concern for undue delay, waste of
				  time, or needless presentation of cumulative evidence.
(b) Exchange of Exhibits. To be considered as
				  evidence in a decision, any document or physical evidence must be entered as an
				  exhibit at the hearing. Any documentary evidence to be presented during a
				  telephonic hearing shall be exchanged with all parties in advance of the
				  hearing and a copy shall be provided to the hearing officer in advance of the
				  hearing. Upon consideration of a party's proffered reason for failure to
				  exchange documentary evidence in advance of the hearing, the hearing officer
				  may admit or exclude same, or grant a postponement of the hearing, in the
				  discretion of the hearing officer.
(c) Stipulations. The parties, with the
				  consent of the hearing officer, may agree in writing to facts that are not in
				  controversy. The hearing officer may decide the appeal on the basis of such
				  stipulations or, at the hearing officer's discretion, may set the appeal for
				  hearing and take such further evidence as the hearing officer deems
				  necessary.
(d) The hearing officer
				  may, on the hearing officer's own motion or at the request of any party, set an
				  informal prehearing conference and require that all parties attend. Notice of
				  the conference shall be in writing to each party. The conference will be held
				  in accordance with §
										819.191
				  of these Rules, and will be an official part of the hearing record. Pursuant to
				  the conference, the hearing officer may consider:
(1) establishing the identities of parties
				  and witnesses;
(2) the agreement of
				  the parties on facts that are not in controversy;
(3) conciliation of the dispute;
(4) clarification of the issues;
(5) procedures for scheduling and conduct of
				  the hearing;
(6) exchange of
				  documents; and
(7) any other matter
				  that promotes the orderly and prompt conduct of the hearing.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 819 - CIVIL RIGHTS DIVISION › Subchapter K - FAIR HOUSING ADMINISTRATIVE HEARINGS AND JUDICIAL REVIEW › Section 819.194 - Notice of Hearing

Current through Reg. 49, No. 28; July 12, 2024
(a) The Agency
				  shall assign a hearing officer and mail a notice of hearing to the parties
				  and/or their designated representatives. The notice of hearing shall be in
				  writing and include:
(1) a statement of the
				  date, time, place, and nature of the hearing;
(2) a statement of the legal authority and
				  jurisdiction under which the hearing is to be held;
(3) a reference to the sections of the
				  statutes and rules involved; and
(4) either:
(A) a short, plain statement of the factual
				  matters asserted; or
(B) an
				  attachment that incorporates by reference the factual matters asserted in the
				  complaint.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 819 - CIVIL RIGHTS DIVISION › Subchapter K - FAIR HOUSING ADMINISTRATIVE HEARINGS AND JUDICIAL REVIEW › Section 819.195 - Postponement and Continuance

Current through Reg. 49, No. 28; July 12, 2024
On the hearing officer's own motion, or for good cause, at
					 a party's request, the hearing officer may postpone or continue a
					 hearing.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 819 - CIVIL RIGHTS DIVISION › Subchapter K - FAIR HOUSING ADMINISTRATIVE HEARINGS AND JUDICIAL REVIEW › Section 819.196 - Default

Current through Reg. 49, No. 28; July 12, 2024
If a party to whom a notice of hearing is served or
					 provided under this section fails to appear for hearing, the hearing officer
					 may proceed in that party's absence on a default basis. If a proposal for
					 decision or final decision is issued, the factual allegations listed in the
					 notice of hearing may be deemed admitted. If a party fails to appear at a
					 hearing, the hearing officer will issue a notice of default to that party. A
					 party may file a motion no later than 15 calendar days after the notice of
					 default is mailed to set aside a default announced at the hearing and to reopen
					 the record. If a timely motion to set aside a default is filed, the hearing
					 officer may grant the motion, set aside the default, and reopen the hearing for
					 good cause shown, or in the interests of justice.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 819 - CIVIL RIGHTS DIVISION › Subchapter K - FAIR HOUSING ADMINISTRATIVE HEARINGS AND JUDICIAL REVIEW › Section 819.197 - Ex Parte Communications

Current through Reg. 49, No. 28; July 12, 2024
(a) Except as
				  provided in this chapter, and unless required for the disposition of ex parte
				  matters authorized by law, neither the hearing officer nor a Commission member
				  may communicate, directly or indirectly, in connection with any issue of fact
				  or law with a party or representative of a party, except on notice and
				  opportunity for all parties to participate.
(b) The hearing officer or a Commission
				  member may communicate concerning the case with an Agency employee who has not
				  participated in the hearing, but may do so only for the purpose of using the
				  special skills or knowledge of the Agency and its staff in evaluating the
				  evidence.
(c) For purposes of this
				  section, the Agency is considered to be a party to the case.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 819 - CIVIL RIGHTS DIVISION › Subchapter K - FAIR HOUSING ADMINISTRATIVE HEARINGS AND JUDICIAL REVIEW › Section 819.198 - Proposal for Decision

Current through Reg. 49, No. 28; July 12, 2024
(a) The hearing
				  officer shall prepare a proposal for decision containing a statement of the
				  reasons for the proposed decision and of each finding of fact and conclusion of
				  law.
(b) The hearing officer shall
				  submit a copy of the proposal for decision to each party by first-class mail.
				  The parties may submit to the hearing officer exceptions to the proposal for
				  decision and replies to exceptions to the proposal for decision.
(c) Exceptions shall be filed within 15
				  calendar days after the date of service of the proposal for decision. A reply
				  to the exceptions shall be filed within 15 calendar days of the filing of the
				  exceptions. The date of service shall be presumed to be on the third day after
				  the date on which the proposal for decision is mailed. The hearing officer may
				  extend or shorten the time to file exceptions or replies.
(d) The hearing officer shall review all
				  exceptions and replies and notify the parties as to whether the hearing officer
				  recommends any changes to the proposal for decision.
(e) The hearing officer will not issue a
				  proposal for decision during the 15-day period referenced in §819.196
				  within which a defaulting party may file a motion to set aside a default and to
				  reopen the record.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 819 - CIVIL RIGHTS DIVISION › Subchapter K - FAIR HOUSING ADMINISTRATIVE HEARINGS AND JUDICIAL REVIEW › Section 819.199 - Commission Decision

Current through Reg. 49, No. 28; July 12, 2024
(a) After the time
				  for filing exceptions and replies to exceptions has expired, the Commission
				  shall consider the hearing officer's report and the proposal for decision. The
				  Commission may adopt the proposal for decision, modify and adopt it, reject it
				  and issue a Commission decision, or remand the matter to the hearing officer.
				  The Commission shall issue its decision within 60 calendar days of the end of
				  the exceptions period. The hearing officer may extend the period in which the
				  decision may be signed and prepare the decision for the Commission.
(b) A Commission decision that is adverse to
				  one or more parties shall be in writing and signed after a majority vote of the
				  Commission. Such a decision shall include findings of fact and conclusions of
				  law separately stated. Findings of fact, if set forth in statutory language,
				  shall be accompanied by a concise and explicit statement of the underlying
				  facts supporting the findings. Findings of fact shall be based exclusively on
				  the evidence and on matters officially noticed.
(c) The Agency shall notify each party to a
				  contested case of any decision or order of the Commission by using at least one
				  of the following methods of service:
(1)
				  personal service;
(2) if agreed to
				  by the party to be notified, service by electronic means sent to the current
				  email address or facsimile number of the party's attorney of record or of the
				  party if the party is not represented by counsel; or
(3) first-class, certified, or registered
				  mail sent to the last known address of the party's attorney of record or of the
				  party if the party is not represented by counsel.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 819 - CIVIL RIGHTS DIVISION › Subchapter K - FAIR HOUSING ADMINISTRATIVE HEARINGS AND JUDICIAL REVIEW › Section 819.200 - Motion for Rehearing

Current through Reg. 49, No. 28; July 12, 2024
(a) A motion
				  for rehearing is required to exhaust all administrative remedies. A motion for
				  rehearing must be filed not later than the 25th calendar day after the date the
				  Commission decision is signed, unless the time for filing the motion has been
				  modified by agreement between the parties and approved by the Commission. Any
				  reply to a motion for rehearing shall be filed with the Commission not later
				  than the 40th calendar day after the date the Commission decision is signed. A
				  party filing a motion for rehearing or a reply to a motion for rehearing shall
				  serve a copy on each party within the filing deadline using the notification
				  methods set forth in §819.199(c).
(b) The Commission may, by written order,
				  extend the time for filing motions and replies and for taking Commission
				  action. No extension may extend the period for Commission action beyond 100
				  days after the date the decision is signed. In the event of an extension, a
				  motion for rehearing is denied on the date fixed by the written order or, in
				  the absence of a fixed date, 100 days from the date the decision is
				  signed.
(c) If a party files a
				  motion for rehearing, the Commission may:
(1)
				  grant such motion and remand for rehearing;
(2) deny such motion, either expressly or by
				  operation of law; or
(3) render a
				  decision and issue an order that no rehearing shall be necessary because
				  imminent peril to the public health, safety, or welfare requires immediate
				  effect be given to the final order.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 819 - CIVIL RIGHTS DIVISION › Subchapter K - FAIR HOUSING ADMINISTRATIVE HEARINGS AND JUDICIAL REVIEW › Section 819.201 - Judicial Review

Current through Reg. 49, No. 28; July 12, 2024
(a) A person who has
				  exhausted all administrative remedies available under the Texas Fair Housing
				  Act and who is aggrieved by a final decision of the Commission is entitled to
				  judicial review under the substantial evidence rule as set forth in
				  Administrative Procedure Act §2001.001, et seq.
(b) Proceedings for judicial review are
				  instituted by filing a petition in a Travis County district court within 30
				  calendar days after the final decision is mailed.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 819 - CIVIL RIGHTS DIVISION › Subchapter L - FAIR HOUSING FUND › Section 819.221 - Fair Housing Fund

Current through Reg. 49, No. 28; July 12, 2024
(a) A fair housing fund
				  is a fund in the state treasury in the custody of the Texas Comptroller of
				  Public Accounts.
(b) Civil
				  penalties assessed against a respondent under the Texas Fair Housing Act,
				  Subchapters E and G, shall be deposited to the credit of the fair housing
				  fund.
(c) The Agency may use monies
				  deposited to the credit of the fair housing fund for the administration of the
				  Texas Fair Housing Act.
(d) Gifts
				  and grants received as authorized by the Texas Fair Housing Act, Subchapter D,
				  shall be deposited to the credit of the fair housing fund.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 821 - TEXAS PAYDAY RULES › Subchapter A - GENERAL PROVISIONS › Section 821.1 - Title and Purpose

Current through Reg. 49, No. 28; July 12, 2024
(a) Title. These
				  rules may be cited as the Texas Payday Rules.
(b) Purpose. The purpose of these rules is to
				  implement and interpret the provisions of the Texas Labor Code, Chapter 61,
				  Payment of Wages.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 821 - TEXAS PAYDAY RULES › Subchapter A - GENERAL PROVISIONS › Section 821.2 - 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) Act--Texas Labor Code,
				  Chapter 61, also known as the Texas Payday Act or the Texas Payday
				  Law.
(2) Claimant--A person who has
				  filed a wage claim under the Act.
(3) Commission--The Texas Workforce
				  Commission.
(4) Court of competent
				  jurisdiction--A court authorized to issue an order including, but not limited
				  to, a legislative or statutory county court at law, district court, small
				  claims court, or federal court that acts within the appropriate jurisdiction
				  over the amount in controversy, the person, and other appropriate subject
				  matter.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 821 - TEXAS PAYDAY RULES › Subchapter A - GENERAL PROVISIONS › Section 821.3 - Jurisdiction

Current through Reg. 49, No. 28; July 12, 2024
(a) The Commission shall exercise
				  jurisdiction over wage claims in which:
(1)
				  the work is performed exclusively in Texas;
(2) the work is performed in part in Texas
				  and in part in other states within the United States and where the wages would
				  be reportable to Texas for Unemployment Insurance purposes pursuant to Texas
				  Labor Code §
											201.043;
				  or
(3) the work is performed by an
				  individual who is a Texas resident at the time the work is performed and the
				  work is performed outside Texas for a Texas employer or a non-resident employer
				  over whom Texas exercises jurisdiction pursuant to subsection (b) of this
				  section.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 821 - TEXAS PAYDAY RULES › Subchapter A - GENERAL PROVISIONS › Section 821.4 - Political Subdivision

Current through Reg. 49, No. 28; July 12, 2024
(a) An entity is a
				  political subdivision of the state, and therefore not an employer under the
				  Act, if it meets the criteria in either subsections (b) or (c) of this
				  section.
(b) An entity is a
				  political subdivision of this state if it is a governmental unit having:
(1) the power to tax real and tangible
				  personal property;
(2) limited
				  geographic and jurisdictional boundaries;
(3) locally elected or locally appointed
				  governing members; and
(4) the
				  authority to provide a general public service or benefit.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 821 - TEXAS PAYDAY RULES › Subchapter A - GENERAL PROVISIONS › Section 821.5 - Employment Status: Employee or Independent Contractor

Current through Reg. 49, No. 28; July 12, 2024
The Commission adopts the following form, Form C-8, as its
					 official guideline for use in determining employment status.
Attached
					 Graphic
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 821 - TEXAS PAYDAY RULES › Subchapter A - GENERAL PROVISIONS › Section 821.6 - Wage Claims Involving Minimum Wage or Overtime

Current through Reg. 49, No. 28; July 12, 2024
(a) The Commission shall consider any
				  applicable minimum wage and overtime requirement in determining if wages are
				  due and unpaid.
(b) In determining
				  an employee's entitlement to federal minimum wage or overtime, the Commission
				  shall look to the Fair Labor Standards Act (FLSA) of 1938 as amended,
				  29
				  U.S.C.201 et seq., and the regulations
				  promulgated by the United States Department of Labor thereunder. In determining
				  an employee's entitlement to state minimum wage, the Commission shall look to
				  the Texas Minimum Wage Act, located at Texas Labor Code, Chapter 62.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 821 - TEXAS PAYDAY RULES › Subchapter A - GENERAL PROVISIONS › Section 821.7 - Notice of Paydays

Current through Reg. 49, No. 28; July 12, 2024
For purposes of posting notices indicating an employer's
					 paydays, electronic posting is sufficient to meet the requirements of
					 §61.012(c) of the Act as long as the electronic posting otherwise meets
					 the requirements of the Act.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 821 - TEXAS PAYDAY RULES › Subchapter B - PAYMENT OF WAGES › Section 821.21 - Complete and Unconditional Payment of Wages

Current through Reg. 49, No. 28; July 12, 2024
(a) An employer has paid an employee's wages
				  for purposes of the Act if the employer has delivered the wages to the
				  employee:
(1) in a form authorized by
				  §61.016 of the Act; and
(2) by
				  a method authorized by §61.017 of the Act.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 821 - TEXAS PAYDAY RULES › Subchapter B - PAYMENT OF WAGES › Section 821.22 - Payment Other Than on Payday

Current through Reg. 49, No. 28; July 12, 2024
(a) For
				  purposes of §61.013 of the Act, the Commission interprets "another regular
				  business day" to mean any regular business day, which is designated as being
				  such within the customary practice of the employer, following the employer's
				  designated payday.
(b) When an
				  employee leaves employment other than by discharge on a payday, payment of
				  wages in full will be due the following scheduled payday. The Commission shall
				  consider "discharge" as dismissal or release from employment initiated by the
				  employer including, but not limited to, layoff.