reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 55 - RULES FOR ADMINISTRATIVE SERVICES › Subchapter D - NEGOTIATION OF CERTAIN CONTRACT DISPUTES › Section 55.61 - Contested Case Hearings for Contract Disputes

Current through Reg. 49, No. 28; July 12, 2024
(a) If a claim of breach of contract is not
				  resolved in its entirety through negotiation or mediation in accordance with
				  this subchapter or Subchapter E on or before the 270th day after the Department
				  receives the notice of claim, or after the expiration of any extension agreed
				  to by the parties pursuant to §55.56(e), the contractor may file a request
				  with the Department for a contested case hearing before State Office of
				  Administrative Hearings (SOAH).
(b)
				  A request for a contested case hearing must state the legal and factual basis
				  for the claim and must be delivered to the Department within 90 days after the
				  270th day or the expiration of any written extension agreed to pursuant to
				  §55.56(e).
(c) The Department
				  shall forward the contractor's request for contested case hearing to the SOAH
				  within a reasonable period of time, not to exceed 30 days, after receipt of the
				  request. Referral of a request for hearing to SOAH does not constitute waiver
				  by the Department of statutory or regulatory requirements for the notice of
				  claim, the claim, or the request for hearing.
(d) The parties may agree to submit the case
				  to the SOAH before the 270th day after the notice of claim is received by the
				  Department if they have achieved a partial resolution of the claim or if an
				  impasse has been reached in the negotiations and proceeding to a contested case
				  hearing would serve the interests of justice.
(e) Contested case hearings shall be
				  conducted in compliance with Texas Government Code, Chapter 2260, this
				  subchapter, and the rules and procedures of the SOAH applicable to hearings on
				  contract claims.
(f) Provisions of
				  Chapter 60 of this title, regarding requests for and conduct of contested case
				  hearings, do not apply to hearings conducted under this subchapter.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 55 - RULES FOR ADMINISTRATIVE SERVICES › Subchapter E - MEDIATION OF CERTAIN CONTRACT DISPUTES › Section 55.70 - Applicability

Current through Reg. 49, No. 28; July 12, 2024
(a) In addition to the words and terms
				  defined in §55.10, other words and terms, when used in this subchapter,
				  shall have the meaning assigned by Texas Government Code, Chapter 2260, unless
				  the context clearly indicates otherwise.
(b) This subchapter applies to claims for
				  breach of contract asserted by a contractor against the Department under Texas
				  Government Code, Chapter 2260.
(c)
				  This subchapter does not apply to contracts:
(1) between the Department and the federal
				  government or its agencies, another state, or another nation;
(2) between the Department and another unit
				  of state government;
(3) between
				  the Department and a local governmental body, or a political subdivision of
				  another state;
(4) between a
				  subcontractor and a contractor;
(5)
				  within the exclusive jurisdiction of state or local regulatory
				  bodies;
(6) within the exclusive
				  jurisdiction of federal courts or regulatory bodies; or
(7) that are funded solely by federal grant
				  funds.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 55 - RULES FOR ADMINISTRATIVE SERVICES › Subchapter E - MEDIATION OF CERTAIN CONTRACT DISPUTES › Section 55.71 - Prerequisites to Suit

Current through Reg. 49, No. 28; July 12, 2024
The procedures contained in this subchapter and Subchapter
					 D are exclusive and required prerequisites to suit against the Department under
					 Texas Civil Practice and Remedies Code, Chapter 107 and Texas Government Code,
					 Chapter 2260.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 55 - RULES FOR ADMINISTRATIVE SERVICES › Subchapter E - MEDIATION OF CERTAIN CONTRACT DISPUTES › Section 55.72 - Sovereign Immunity

Current through Reg. 49, No. 28; July 12, 2024
This subchapter does not waive the Department's sovereign
					 immunity to suit or liability.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 55 - RULES FOR ADMINISTRATIVE SERVICES › Subchapter E - MEDIATION OF CERTAIN CONTRACT DISPUTES › Section 55.73 - Mediation

Current through Reg. 49, No. 28; July 12, 2024
The parties may agree to mediate, through an impartial
					 third party who is acceptable to both parties, a claim filed under Subchapter
					 D. The parties may be assisted in the mediation by legal counsel or other
					 individual.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 55 - RULES FOR ADMINISTRATIVE SERVICES › Subchapter E - MEDIATION OF CERTAIN CONTRACT DISPUTES › Section 55.74 - Appointment of the Mediator

Current through Reg. 49, No. 28; July 12, 2024
(a) For each
				  claim referred for mediation, the ADR Administrator shall:
(1) preside over the mediation
				  proceeding;
(2) assign a
				  Departmental mediator;
(3) appoint
				  a mediator from another state agency; or
(4) appoint a private mediator.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 55 - RULES FOR ADMINISTRATIVE SERVICES › Subchapter E - MEDIATION OF CERTAIN CONTRACT DISPUTES › Section 55.75 - Qualifications of the Mediator

Current through Reg. 49, No. 28; July 12, 2024
(a) All
				  mediators must have completed a minimum of 40 hours of Texas mediation training
				  as prescribed under Texas Civil Practices and Remedies Code, Chapter
				  154.
(b) All mediators shall
				  subscribe to the ethical guidelines for mediators adopted by the ADR Section of
				  the State Bar of Texas.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 55 - RULES FOR ADMINISTRATIVE SERVICES › Subchapter E - MEDIATION OF CERTAIN CONTRACT DISPUTES › Section 55.76 - Disqualifications of the Mediator

Current through Reg. 49, No. 28; July 12, 2024
(a) If
				  the mediator is a State Office of Administrative Hearings ALJ, that person will
				  not also sit as the ALJ for the case if the claim goes to hearing.
(b) If the mediator is an employee of the
				  Department and the dispute does not settle, that mediator will not have any
				  further contact or involvement concerning the claim.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 55 - RULES FOR ADMINISTRATIVE SERVICES › Subchapter E - MEDIATION OF CERTAIN CONTRACT DISPUTES › Section 55.77 - Qualified Immunity of the Mediator

Current through Reg. 49, No. 28; July 12, 2024
The mediator shall have the qualified immunity prescribed
					 by the Texas Civil Practice and Remedies Code §
										RSA
					 154.055, if applicable.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 55 - RULES FOR ADMINISTRATIVE SERVICES › Subchapter E - MEDIATION OF CERTAIN CONTRACT DISPUTES › Section 55.78 - Confidentiality of Mediation and Final Settlement Agreement

Current through Reg. 49, No. 28; July 12, 2024
(a) A mediation conducted under this division
				  is confidential in accordance with Texas Government Code, §
										RSA
				  2009.054 and Texas Civil Practice and
				  Remedies Code §
										RSA
				  154.053 and §
										RSA
				  154.073.
(b) The confidentiality of a final settlement
				  agreement, to which the Department is a signatory that is reached as a result
				  of the mediation is governed by the Public Information Act, Texas Government
				  Code, Chapter 552.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 55 - RULES FOR ADMINISTRATIVE SERVICES › Subchapter E - MEDIATION OF CERTAIN CONTRACT DISPUTES › Section 55.79 - Settlement Approval Procedures

Current through Reg. 49, No. 28; July 12, 2024
The parties' settlement approval procedures shall be
					 disclosed by the parties prior to the mediation. To the extent possible, the
					 parties shall select representatives who are knowledgeable about the subject
					 matter of the dispute, who are in a position to reach agreement, and who can
					 credibly recommend approval of an agreement.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 55 - RULES FOR ADMINISTRATIVE SERVICES › Subchapter E - MEDIATION OF CERTAIN CONTRACT DISPUTES › Section 55.80 - Initial Settlement Agreement

Current through Reg. 49, No. 28; July 12, 2024
Any settlement agreement reached during mediation shall be
					 signed by representatives of the contractor and the Department, and shall
					 describe any procedures that the parties must follow to obtain final and
					 binding approval of the agreement.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 55 - RULES FOR ADMINISTRATIVE SERVICES › Subchapter E - MEDIATION OF CERTAIN CONTRACT DISPUTES › Section 55.81 - Final Settlement Agreement

Current through Reg. 49, No. 28; July 12, 2024
A final settlement agreement reached during or as a result
					 of a mediation that resolves an entire claim or counterclaim, or any designated
					 and severable portion of a claim or counterclaim, shall comply with
					 §55.59.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 55 - RULES FOR ADMINISTRATIVE SERVICES › Subchapter E - MEDIATION OF CERTAIN CONTRACT DISPUTES › Section 55.82 - Referral to State Office of Administrative Hearings

Current through Reg. 49, No. 28; July 12, 2024
If mediation does not resolve the claim to the satisfaction
					 of the contractor, the contractor may request that the claim be referred to
					 State Office of Administrative Hearings in accordance with
					 §55.61.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 55 - RULES FOR ADMINISTRATIVE SERVICES › Subchapter F - CONTRACT MONITORING › Section 55.100 - Contract Monitoring Responsibilities

Current through Reg. 49, No. 28; July 12, 2024
(a) This section implements Government Code,
				  §
										RSA
				  2261.202.
(b) Contract monitoring shall be conducted by
				  staff of the financial services division, subject to the oversight of the
				  financial services division director.
(c) Subject to the oversight of the financial
				  services division director, internal auditors and staff of the financial
				  services division shall perform any additional contract monitoring specifically
				  directed by the audit committee of the commission, or warranted by the results
				  of the Department's annual risk assessment.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 55 - RULES FOR ADMINISTRATIVE SERVICES › Subchapter F - CONTRACT MONITORING › Section 55.101 - Enhanced Contract Monitoring

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  This section implements Government Code, §
										RSA
				  2261.253<subdiv>(c)</subdiv>.
(b) For each contract entered into
				  by the department, the financial services division director, or his or her
				  designee, will determine if enhanced monitoring of the contract or the
				  contractor's performance is required.
(c) In determining whether a contract
				  requires enhanced monitoring, the following factors may be considered, to the
				  extent applicable:
(1) The estimated dollar
				  amount of the contract;
(2) The
				  total contract period, including renewal options;
(3) The extent and number of persons impacted
				  by the contract;
(4) The impact to
				  the department and the state if contract deliverables are delayed, or if the
				  contractor fails to deliver as required in the contract;
(5) The complexity of funding sources for the
				  contract;
(6) The complexity of
				  requirements and resources to be managed pursuant to the contract;
(7) The extent of department resources
				  readily available to manage the contract;
(8) The impact of the contract on the health
				  and safety of the general public;
(9) The impact on the department's business
				  processes;
(10) The complexity of
				  the methodology for calculating and making payments under the contract;
(11) The extent of training
				  required for end users as a result of the contract;
(12) The vendor's experience delivering the
				  contracted goods or services, and, if applicable, the vendor's performance
				  under previous department contracts; and
(13) With regard to a technology contract,
				  the level of software customization required and the impact on existing
				  technology applications or infrastructure.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 55 - RULES FOR ADMINISTRATIVE SERVICES › Subchapter G - MANAGEMENT OF VEHICLES › Section 55.110 - Vehicle Management Plan

Current through Reg. 49, No. 28; July 12, 2024
To the extent applicable, the department adopts the Texas
					 State Vehicle Fleet Management Plan developed by the Office of Vehicle Fleet
					 Management, Statewide Procurement Division of the Texas Comptroller of Public
					 Accountants.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 55 - RULES FOR ADMINISTRATIVE SERVICES › Subchapter G - MANAGEMENT OF VEHICLES › Section 55.111 - Motor Pool

Current through Reg. 49, No. 28; July 12, 2024
(a) Each department
				  vehicle, except a vehicle assigned to a field employee or a vehicle used for
				  undercover activities, or a vehicle used for surveillance activities, must be
				  assigned to the department motor pool.
(b) A vehicle assigned to the department
				  motor pool must be available for check-out, as needed and as
				  available.
(c) A vehicle assigned
				  to the department motor pool must be used whenever possible, rather than
				  relying on a rental vehicle or employee reimbursement for the use of a personal
				  vehicle.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 55 - RULES FOR ADMINISTRATIVE SERVICES › Subchapter G - MANAGEMENT OF VEHICLES › Section 55.112 - Assignment of Vehicles

Current through Reg. 49, No. 28; July 12, 2024
(a) The department
				  must assign a vehicle to a specific user location, organizational unit, or
				  individual, to properly account for, track, and monitor the vehicle.
(b) If the department assigns a vehicle to an
				  individual administrative or executive employee, on a permanent or daily basis,
				  the department must keep on file a document signed by the executive director
				  stating that the assignment is critical to the mission of the
				  department.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 59 - CONTINUING EDUCATION REQUIREMENTS › Section 59.1 - Authority

Current through Reg. 49, No. 28; July 12, 2024
These rules are promulgated under the authority of Texas
				  Occupations Code, §
									RSA
				  51.405.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 59 - CONTINUING EDUCATION REQUIREMENTS › Section 59.3 - Purpose and Applicability

Current through Reg. 49, No. 28; July 12, 2024
These rules are promulgated to establish continuing education
				  provider and course requirements for the following occupations regulated by the
				  Department of Licensing and Regulation:
(1) Air conditioning and refrigeration
				contractors, as provided by Texas Occupations Code, Chapter 1302. Additional
				continuing education requirements relating to air conditioning and
				refrigeration contractors may be found in Chapter 75 of this title.
(2) Auctioneers, as provided by Texas
				Occupations Code, Chapter 1802. Additional continuing education requirements
				relating to auctioneers may be found in Chapter 67 of this title.
(3) Barbers and Cosmetologists, as provided
				by Texas Occupations Code, Chapter 1603. Additional continuing education
				requirements relating to barbers and cosmetologists may be found in Chapter 83
				of this title.
(4) Electricians, as
				provided by Texas Occupations Code, Chapter 1305. Additional continuing
				education requirements relating to electricians may be found in Chapter 73 of
				this title.
(5) Elevator contractor
				responsible party and registered elevator inspector, as provided by Texas
				Health and Safety Code, Chapter 754, Subchapter B. Additional continuing
				education requirements relating to responsible parties may be found in Chapter
				74 of this title.
(6) Property tax
				consultants, as provided by Texas Occupations Code, Chapter 1152. Additional
				continuing education requirements relating to property tax consultants may be
				found in Chapter 66 of this title.
(7) Towing operators, as provided by Texas
				Occupations Code, Chapter 2308. Additional continuing education requirements
				relating to towing operators may be found in Chapter 86 of this
				title.
(8) Water well drillers and
				pump installers, as provided by Texas Occupations Code, Chapters 1901 and 1902.
				Additional continuing education requirements relating to water well drillers
				and pump installers may be found in Chapter 76 of this title.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 59 - CONTINUING EDUCATION REQUIREMENTS › Section 59.10 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following terms, when used in this chapter, have the
				  following meanings, unless the context clearly indicates otherwise.
(1) Commission--The Texas Commission of
				Licensing and Regulation.
(2)
				Continuing Education Courses or Courses--Department-approved courses that may
				be completed to satisfy continuing education requirements.
(3) Continuing Education Provider or
				Provider--A person registered by the department to offer continuing education
				courses, in any occupation that offers continuing education.
(4) Current on the Payment--A provider
				applicant or provider is considered current on the payment of any required fees
				or administrative penalties if the provider applicant or provider is making
				payments as provided by an agreed payment schedule with the
				department.
(5) Day--A calendar
				day.
(6) Department--The Texas
				Department of Licensing and Regulation.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 59 - CONTINUING EDUCATION REQUIREMENTS › Section 59.20 - Provider Registration

Current through Reg. 49, No. 28; July 12, 2024
(a) Continuing
				education providers must be registered with the department to provide or offer
				to provide continuing education courses.
(b) To register, an applicant shall:
(1) file a completed application on the
				appropriate department-approved form;
(2) pay all applicable fees;
(3) be current on the payment of any unpaid
				required fees, including record fees, or administrative penalties; and
(4) demonstrate the capability to
				meet the requirements of this chapter and other applicable department
				requirements.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 59 - CONTINUING EDUCATION REQUIREMENTS › Section 59.21 - Provider Registration Renewals

Current through Reg. 49, No. 28; July 12, 2024
(a)
				Provider registrations are valid for one year and may be renewed at the end of
				each registration period.
(b) To
				renew a registration, a provider shall:
(1)
				file a completed application for renewal on the appropriate department-approved
				form;
(2) pay all applicable fees;
				and
(3) be current on the payment
				of any unpaid required fees, including record fees, or administrative
				penalties.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 59 - CONTINUING EDUCATION REQUIREMENTS › Section 59.30 - Continuing Education Courses

Current through Reg. 49, No. 28; July 12, 2024
(a)
				Each continuing education course offered by a provider must be approved by the
				department before being offered.
(b) A provider must obtain a separate course
				approval for each occupation (electrician, auctioneer, etc.) which will be
				awarded continuing education credit for a particular course.
(c) Except as provided in subsection (d) of
				this section, course approvals are valid for one year and must be submitted
				annually for approval.
(d) If a
				provider's registration expires, all course approvals for that provider expire
				upon the expiration of the registration.
(e) To obtain approval of a course, a
				provider must file a completed application on the appropriate
				department-approved form with all applicable fees.
(f) Each application for course approval
				shall be accompanied by:
(1) subject matter
				outline, including time allotted for each segment; and
(2) copies of course materials such as
				textbooks, videos, tapes, handouts, study materials, and any additional
				documentation.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 59 - CONTINUING EDUCATION REQUIREMENTS › Section 59.51 - Responsibilities of Providers

Current through Reg. 49, No. 28; July 12, 2024
(a) A provider
				must ensure that courses are delivered in a manner conducive to
				learning.
(b) A provider must
				include in all advertisements for a continuing education course the provider's
				number and the course number assigned to it by the department. Provider web
				page announcements concerning courses are considered advertisements for
				purposes of this rule.
(c) A
				provider must ensure that instructors possess both the subject matter knowledge
				they are teaching as well as the teaching ability required to impart the
				information.
(d) No later than 15
				days after the course completion date, a provider must issue to each
				participant who attended the entire course a certificate of completion that
				includes the following information:
(1) name
				and number of course;
(2) course
				completion date;
(3) provider name
				and number;
(4) number of hours of
				continuing education credit for which the course is approved;
(5) signature of the provider representative;
				and
(6) name, license type and
				license number of the participant who attended.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 59 - CONTINUING EDUCATION REQUIREMENTS › Section 59.80 - Fees

Current through Reg. 49, No. 28; July 12, 2024
(a) Provider application fee--$200.
(b) Provider renewal application fee--
				$200.
(c) Course-approval fee per
				occupation--$100.
(d)
				Revised/Duplicate License/Certificate/Permit/Registration--$25.
(e) Record fee, if required--$5 per
				licensee.
(f) All fees paid to the
				department are non-refundable.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 59 - CONTINUING EDUCATION REQUIREMENTS › Section 59.90 - Sanctions - Administrative Sanctions and Penalties

Current through Reg. 49, No. 28; July 12, 2024
(a) If a person violates any provision of
				this chapter, or any provision of a statute or rule administered by the
				department, or a commission or executive director order, the department may
				assess administrative penalties pursuant to Texas Occupations Code, §
									RSA
				51.301 and §
									RSA
				51.302 or administrative sanctions pursuant
				to Texas Occupations Code, §
									RSA
				51.353.
(b) Any of the following actions by a person
				is a violation of this chapter and may result in the assessment of
				administrative penalties or administrative sanctions against the person:
(1) Changing a program teaching method or
				course content without the approval of the department;
(2) Issuing a certificate of completion to an
				individual who did not complete the approved course;
(3) Refusing to issue a certificate of
				completion to an individual who has satisfactorily completed an approved
				course;
(4) Fraud or
				misrepresentation in an application process for provider registration or course
				approval;
(5) Fraud or
				misrepresentation regarding maintenance of records, teaching method, program
				content, or issuance of certificates;
(6) Failing to cooperate with the department
				in an investigation or audit; or
(7) Failing to pay the department all
				required fees, including record fees, or administrative penalties.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 60 - PROCEDURAL RULES OF THE COMMISSION AND THE DEPARTMENT › Subchapter A - GENERAL PROVISIONS › Section 60.1 - Authority and Applicability

Current through Reg. 49, No. 28; July 12, 2024
(a) This chapter is
				  promulgated under the authority of Texas Occupations Code, Chapter 51 and other
				  state laws applicable to state agencies.
(b) This chapter applies to each program
				  regulated by the commission and the department. The provisions of this chapter
				  are in addition to all other statutes and rules that apply to a specific
				  program. The provisions of this chapter apply except in the event of a conflict
				  with specific statutes and rules governing a specific program.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 60 - PROCEDURAL RULES OF THE COMMISSION AND THE DEPARTMENT › Subchapter B - POWERS AND RESPONSIBILITIES › Section 60.20 - General Powers and Duties of the Commission

Current through Reg. 49, No. 28; July 12, 2024
(a) The commission
				  shall have primary responsibility for policy-making activities including but
				  not limited to:
(1) setting fees;
(2) adopting rules;
(3) imposing sanctions and penalties;
				  and
(4) issuing final orders in
				  contested cases.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 60 - PROCEDURAL RULES OF THE COMMISSION AND THE DEPARTMENT › Subchapter B - POWERS AND RESPONSIBILITIES › Section 60.21 - Commission Meetings-Procedures

Current through Reg. 49, No. 28; July 12, 2024
(a) Every regular,
				  special, or called meeting of the commission shall be announced and conducted
				  in accordance with Texas Government Code, Chapter 551, Open Meetings Act. These
				  meetings shall be open to the public as provided by the Open Meetings
				  Act.
(b) Meetings will be conducted
				  according to the current edition of
Robert's Rules of Order Newly
				  Revised
in all instances to which they are applicable as long as they
				  are not inconsistent with the Texas Constitution or the statutes or rules
				  applicable to the commission. Any
Robert's Rules of Order Newly
				  Revised
may be modified as deemed necessary by the presiding officer
				  for the proper conduct of the meeting subject to an objection by a commission
				  member.
(c) A quorum of the
				  commission is four members, which is a majority of all the members of the
				  commission as designated by statute. When a quorum is present, a motion before
				  the commission is carried by an affirmative vote of the majority of the
				  commission members present that are participating in the vote.
(d) As a member of the commission, the
				  presiding officer may make motions without the necessity of relinquishing the
				  chair subject to an objection from a commission member.
(e) The department staff may use the
				  commissioners' electronic signatures on written orders and decisions for
				  actions taken during the commission meeting, unless otherwise
				  directed.
(f) The presiding officer
				  may limit the number and length of comments provided on any item on the agenda
				  subject to an objection from a commission member.
(g) The commission shall provide the public
				  with a reasonable opportunity to address the commission on issues under the
				  commission's jurisdiction.
(1) A person who
				  wants to speak during a commission meeting must register in accordance with the
				  commission meeting instructions. The person may speak during the public comment
				  portion of the meeting, or, at the discretion of the presiding officer, during
				  the discussion of a specific agenda item.
(2) The commission or the department may
				  provide instructions regarding the presentation of public comments during a
				  commission meeting.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 60 - PROCEDURAL RULES OF THE COMMISSION AND THE DEPARTMENT › Subchapter B - POWERS AND RESPONSIBILITIES › Section 60.22 - General Powers and Duties of the Department and the Executive Director

Current through Reg. 49, No. 28; July 12, 2024
(a) The executive
				  director shall have primary responsibility to manage the operations and
				  administration of the department and its programs as provided by Texas
				  Occupations Code, Chapter 51 and other applicable law, including but not
				  limited to:
(1) issuing and renewing
				  licenses;
(2) resolving
				  complaints;
(3) conducting
				  investigations and inspections;
(4)
				  imposing sanctions and administrative penalties for agreed orders and default
				  orders; and
(5) approving,
				  administering, or providing for the administration of exams.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 60 - PROCEDURAL RULES OF THE COMMISSION AND THE DEPARTMENT › Subchapter B - POWERS AND RESPONSIBILITIES › Section 60.23 - Commission and Executive Director-Imposing Sanctions and Penalties

Current through Reg. 49, No. 28; July 12, 2024
(a) The commission
				  or executive director may sanction a license holder, applicant, or other
				  person, if the person:
(1) obtains or
				  attempts to obtain a license by fraud or false representation;
(2) falsifies any document submitted to the
				  department or commission;
(3)
				  refuses to permit or fails to cooperate in an inspection or investigation;
				  interferes with an inspection or investigation conducted by an authorized
				  representative of the commission or department; or threatens or intimidates an
				  authorized representative of the commission or department in connection with an
				  inspection or investigation;
(4)
				  permits the use or display of a license by a person not authorized by law to
				  use that license;
(5) has a
				  conviction, a deferred adjudication, or other criminal history that affects
				  license eligibility as prescribed under Subchapter D; or
(6) violates Texas Occupations Code, Chapter
				  51, a law establishing a regulatory program administered by the department, or
				  a rule or order of the commission or the executive director.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 60 - PROCEDURAL RULES OF THE COMMISSION AND THE DEPARTMENT › Subchapter B - POWERS AND RESPONSIBILITIES › Section 60.24 - Advisory Boards

Current through Reg. 49, No. 28; July 12, 2024
(a) Unless otherwise
				  provided by law, the presiding officer of the commission, with the commission's
				  approval, shall appoint the members of each advisory board.
(b) The purpose, duties, manner of reporting,
				  and membership requirements of each advisory board are detailed in the statutes
				  and rules of the specific program regulated by the department.
(c) In accordance with Texas Occupations Code
				  §
										51.209, Texas
				  Government Code, Chapter 2110 does not apply to an advisory board established
				  to advise the commission or the department.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 60 - PROCEDURAL RULES OF THE COMMISSION AND THE DEPARTMENT › Subchapter C - LICENSE APPLICATIONS AND RENEWALS › Section 60.30 - Initial License Applications

Current through Reg. 49, No. 28; July 12, 2024
(a) All license
				  applications must be submitted on Department-approved forms.
(b) An applicant must complete all licensure
				  requirements within one year of the date the application is received by the
				  Department, or the application shall be deemed void.
(c) If the applicant does not meet the
				  deadline established in subsection (b), the applicant must reapply for a new
				  license by complying with the requirements and procedures, including any
				  examination requirements and payment of fees.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 60 - PROCEDURAL RULES OF THE COMMISSION AND THE DEPARTMENT › Subchapter C - LICENSE APPLICATIONS AND RENEWALS › Section 60.31 - License Renewal Applications

Current through Reg. 49, No. 28; July 12, 2024
(a) All license
				  renewal applications must be submitted on Department-approved forms.
(b) A license holder will be notified by the
				  Department, not later than the 30th day before the date a person's license is
				  scheduled to expire, of impending expiration of the license.
(c) Non-receipt of a license renewal notice
				  from the Department does not exempt a person from any requirements of this
				  chapter or the chapter governing the specific program.
(d) To renew and maintain continuous
				  licensure, the license holder must complete all of the renewal requirements
				  under this chapter and the chapter governing the specific program, including
				  continuing education requirements, prior to the expiration of the
				  license.
(e) A complete renewal
				  application, along with applicable fees, must be filed with the Department or
				  postmarked prior to license expiration to avoid payment of a late renewal
				  fee.
(f) Any continuing education
				  that is required to be fulfilled as part of the renewal application must be
				  completed prior to the license expiration date to avoid payment of a late
				  renewal fee.
(g) A late renewal, if
				  available, means the license holder will have an unlicensed period from the
				  expiration date of the expired license to the issuance date of the renewed
				  license. During the unlicensed period, a person may not perform any act that
				  requires a license under this chapter or the chapter governing the specific
				  program.
(h) A license holder must
				  complete all license renewal requirements within one year of the date the
				  license expires, or the renewal application shall be deemed void.
(i) If the licensee does not meet the
				  deadline established in subsection (h), the person must reapply for a new
				  license by complying with the requirements and procedures, including any
				  examination requirements and payment of fees.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 60 - PROCEDURAL RULES OF THE COMMISSION AND THE DEPARTMENT › Subchapter C - LICENSE APPLICATIONS AND RENEWALS › Section 60.33 - Temporary License Applications

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  This section applies to an applicant who has met all the requirements for an
				  initial license issued under a law administered by the department.
(b) The department may issue a temporary
				  license to an applicant described under subsection (a) who:
(1) submits a completed application on a
				  department-approved form; and
(2)
				  pays the initial license application fees.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 60 - PROCEDURAL RULES OF THE COMMISSION AND THE DEPARTMENT › Subchapter C - LICENSE APPLICATIONS AND RENEWALS › Section 60.34 - Substantially Equivalent License Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) This section is applicable for:
(1) programs that have statutory authority to
				  review and consider "substantially equivalent" license requirements of other
				  states or jurisdictions; or
(2)
				  applicants who are military service members, military veterans, or military
				  spouses and who are applying for a license under Subchapter K.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 60 - PROCEDURAL RULES OF THE COMMISSION AND THE DEPARTMENT › Subchapter C - LICENSE APPLICATIONS AND RENEWALS › Section 60.35 - Determining the Amount of Experience, Service, Training, or Education

Current through Reg. 49, No. 28; July 12, 2024
(a) This section is applicable for:
(1) programs that have statutory authority to
				  review and determine an applicant's experience, service, training or education
				  toward meeting the licensing requirements of a specific license; or
(2) applicants who are military service
				  members, military veterans, or military spouses and who are applying for a
				  license under Subchapter K.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 60 - PROCEDURAL RULES OF THE COMMISSION AND THE DEPARTMENT › Subchapter C - LICENSE APPLICATIONS AND RENEWALS › Section 60.36 - License Eligibility After Revocation

Current through Reg. 49, No. 28; July 12, 2024
(a) Except as
				  provided by subsection (b), Subchapter D, or other law, and pursuant to Texas
				  Occupations Code §
										51.355, a person
				  whose license is revoked by order of the commission or the executive director
				  must wait one year from the date of revocation before applying for a new
				  license.
(b) A person whose license
				  has been revoked solely because of a failure to pay an administrative penalty
				  or due to an outstanding insufficient funds fee may apply for a new license at
				  any time if the person either:
(1) has paid
				  the administrative penalty or the outstanding insufficient funds fee in full;
				  or
(2) is paying the administrative
				  penalty under a payment plan with the department and is in good standing with
				  respect to that plan.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 60 - PROCEDURAL RULES OF THE COMMISSION AND THE DEPARTMENT › Subchapter D - CRIMINAL HISTORY AND LICENSE ELIGIBILITY › Section 60.40 - License Eligibility for Persons with Criminal Convictions

Current through Reg. 49, No. 28; July 12, 2024
(a) Texas
				  Occupations Code, Chapter 53 provides that the commission or executive director
				  may suspend or revoke an existing license, disqualify a person from receiving a
				  license, or deny a person the opportunity to take a licensing examination if
				  the person has been convicted of an offense listed under §53.021(a) or has
				  a deferred adjudication that qualifies as a conviction under §53.021(d).
				  Any such action shall be made after consideration of the factors listed in
				  Texas Occupations Code §
										53.022 and §
										53.023 and the
				  guidelines issued by the department under §53.025.
(b) Pursuant to Texas Occupations Code §
										51.355, a person
				  whose license is revoked by order of the commission or the executive director
				  based on the person's criminal history must wait one year from the date of
				  revocation before applying for a new license.
(c) Provisions Related to Persons Who are
				  Incarcerated or Imprisoned.
(1) A person who
				  is incarcerated because of a felony conviction is not eligible to obtain a
				  license or renew a previously issued license under this chapter or any statute
				  governing a program regulated by the department.
(2) A person whose license is revoked by
				  operation of law pursuant to Texas Occupations Code §
											53.021(b)
				  must wait until release from imprisonment before applying for a new
				  license.
(3) This subsection does
				  not apply to the issuance of a student permit under Texas Occupations Code,
				  Chapter 1603, to a person enrolled in a school administered by the Windham
				  School District or the Texas Department of Criminal Justice.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 60 - PROCEDURAL RULES OF THE COMMISSION AND THE DEPARTMENT › Subchapter D - CRIMINAL HISTORY AND LICENSE ELIGIBILITY › Section 60.41 - License Eligibility for Persons with Deferred Adjudications or Other Criminal History

Current through Reg. 49, No. 28; July 12, 2024
(a) Pursuant to
				  Texas Occupations Code §
										51.356, the
				  commission may deny, suspend, revoke, or refuse to renew a license, if the
				  commission determines a deferred adjudication as specified under §51.356
				  makes the applicant or license holder unfit for the license. In making this
				  determination, the commission shall consider the factors set forth in Texas
				  Occupations Code §
										53.022 and §
										53.023 and the
				  guidelines issued by the department under §53.025.
(b) Pursuant to Texas Occupations Code §
										51.4012(a),
				  the commission may determine a person is not eligible for a license based on
				  the person's criminal history.
(c)
				  Pursuant to Texas Occupations Code §
										51.355, a person
				  whose license is revoked by order of the commission or the executive director
				  based on the person's criminal history must wait one year from the date of
				  revocation before applying for a new license.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 60 - PROCEDURAL RULES OF THE COMMISSION AND THE DEPARTMENT › Subchapter D - CRIMINAL HISTORY AND LICENSE ELIGIBILITY › Section 60.42 - Criminal History Evaluation Letters

Current through Reg. 49, No. 28; July 12, 2024
(a) Pursuant to
				  Texas Occupations Code Chapter 51, §51.4012 and Chapter 53, Subchapter D,
				  a person may request the department issue a criminal history evaluation letter
				  regarding the person's eligibility for a specific occupational license
				  regulated by the department.
(b) A
				  person may request the department issue an evaluation letter regarding whether
				  the person may be eligible for a license if the person has a conviction or
				  deferred adjudication for a felony or misdemeanor offense.
(c) To request an evaluation letter, the
				  person must:
(1) submit the request using a
				  department-approved form; and
(2)
				  pay the required fee of $10.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 60 - PROCEDURAL RULES OF THE COMMISSION AND THE DEPARTMENT › Subchapter D - CRIMINAL HISTORY AND LICENSE ELIGIBILITY › Section 60.43 - License Denial or Revocation for Certain Health Professionals with a Criminal History

Current through Reg. 49, No. 28; July 12, 2024
(a) This section
				  applies to a "health professional" as defined under Texas Occupations Code,
				  Chapter 108, Subchapter B, and who is regulated by the commission and the
				  department. This section applies to the licenses and permits issued under the
				  following programs:
(1) hearing instrument
				  fitters and dispensers;
(2)
				  podiatrists; and
(3)
				  speech-language pathologists and audiologists.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 60 - PROCEDURAL RULES OF THE COMMISSION AND THE DEPARTMENT › Subchapter E - EXAMINATIONS › Section 60.50 - Examination Rescheduling

Current through Reg. 49, No. 28; July 12, 2024
A person may reschedule an examination at no charge if the
					 person:
(1) notifies the examination
				  provider at least two days prior to the date of the examination; or
(2) provides the Department, as soon as
				  possible, with documentation acceptable to the Department of the person's
				  inability to take the examination because of an emergency.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 60 - PROCEDURAL RULES OF THE COMMISSION AND THE DEPARTMENT › Subchapter E - EXAMINATIONS › Section 60.51 - Examination Fee Refund

Current through Reg. 49, No. 28; July 12, 2024
To obtain a refund of an examination fee, a person who is
					 unable to take the examination must:
(1) provide written notice to the Department
				  not less than 10 days prior to the date of the examination; or
(2) provide the Department, as soon as
				  possible, with documentation acceptable to the Department of the person's
				  inability to take the examination because of an emergency.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 60 - PROCEDURAL RULES OF THE COMMISSION AND THE DEPARTMENT › Subchapter E - EXAMINATIONS › Section 60.52 - Examination Security

Current through Reg. 49, No. 28; July 12, 2024
(a) When an
				  examination is required to obtain a license, an applicant or prospective
				  applicant may make use of only such assistance as is available and authorized
				  for all persons taking the examination. A person who uses or provides
				  unauthorized assistance in connection with an examination violates this
				  section. Conduct that violates this section includes but is not limited to the
				  following:
(1) obtaining or attempting to
				  obtain from any source examination questions or answers for use by an
				  applicant, prospective applicant, or any other person, including a person
				  associated with a school or examination preparation course;
(2) providing or attempting to provide
				  examination questions or answers to an applicant, prospective applicant, or any
				  other person, including a person associated with a school or examination
				  preparation course;
(3) presenting
				  a falsified or fraudulent document to gain entry to an examination;
(4) presenting a falsified or fraudulent
				  document concerning an individual's results from an examination;
(5) taking an examination for another
				  person;
(6) as an applicant or
				  prospective applicant, knowingly allowing another person to take an examination
				  for the applicant or prospective applicant;
(7) while taking an examination, using any
				  materials not authorized by the Department or testing service for use in the
				  examination, including but not limited to notes or study aides;
(8) bringing to the examination site or
				  leaving the examination site with examination questions or answers obtained
				  from the current examination or from previous examination attempts;
(9) while taking an examination,
				  communicating with any person, other than an authorized representative of the
				  Department or testing service, about the examination; or
(10) for open book examinations, bringing any
				  materials into the examination, including hand-written notes in approved
				  reference materials, other than those materials approved by the Department or
				  testing service.