reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 1 - GENERAL PROCEDURES › Subchapter A - GENERAL RULES OF PRACTICE › Section 1.21 - Conduct and Decorum

Current through Reg. 49, No. 28; July 12,
				  2024
(a) Every party,
				  witness, attorney, or other representative shall comport himself in all
				  department proceedings with dignity, courtesy, and respect for the department,
				  the administrative law judge, and all other parties and participants. Attorneys
				  shall observe and practice the standards of ethical behavior prescribed for the
				  profession by the Texas Disciplinary Rules of Professional Conduct.
(b) Upon violation of subsection (a) of this
				  section, any party, witness, attorney, or other representative may be excluded
				  by the administrative law judge from any hearing for such period and upon such
				  conditions as are just, or may be subject to such other just, reasonable, and
				  lawful disciplinary action as the administrative law judge may
				  prescribe.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 1 - GENERAL PROCEDURES › Subchapter A - GENERAL RULES OF PRACTICE › Section 1.23 - Subpoenas, Depositions, and Orders To Produce

Current through
				  Reg. 49, No. 28; July 12, 2024
(a) Subpoenas. Upon the request of a party to
				  a contested case and upon the showing of good cause, a subpoena may be issued
				  by the commissioner or an administrative law judge employed by the department
				  as provided by the APA, §2001.089.
(b) Depositions.
(1) Issuance of commissions. Upon the request
				  of a party to a contested case and the deposit of the appropriate fees, a
				  commission to take a deposition shall be issued by the commissioner or an
				  administrative law judge employed by the department, as provided by the APA,
				  §2001.094. A commission may be issued for the taking of an oral deposition
				  or a deposition by written questions.
(2) Requesting a deposition by written
				  questions. A copy of the written questions must be attached and filed with the
				  request for taking of a deposition by written questions.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 1 - GENERAL PROCEDURES › Subchapter A - GENERAL RULES OF PRACTICE › Section 1.24 - Witness Fees

Current through Reg. 49, No. 28; July 12,
				  2024
(a) A witness or
				  deponent who is not a party and who is subpoenaed or otherwise compelled to
				  attend any hearing or proceeding conducted under the authority of the
				  Administrative Procedure Act is entitled to the following compensation:
(1) mileage in the same amount per mile as
				  the mileage travel allowance for state employees traveling on state business.
				  Mileage is to be reimbursed for travel to and returning from the place of the
				  hearing or deposition, provided the place is more than 25 miles from the
				  person's place of residence; and
(2) a per day witness fee of not more $20 for
				  each day or part of a day the person is necessarily present as a witness or a
				  deponent.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 1 - GENERAL PROCEDURES › Subchapter A - GENERAL RULES OF PRACTICE › Section 1.26 - Decisions and Orders

Current through Reg. 49, No. 28; July 12,
				  2024
(a) A final
				  decision or order in a contested case shall comport with all of the
				  requirements of the APA, §2001.141, and shall be served on parties in
				  accordance with the APA, §2001.142.
(b) A final decision or order issued in a
				  contested case shall be issued within 60 days from the last date for filing of
				  exceptions and replies to exceptions to the administrative law judge's proposal
				  for decision unless the administrative law judge at the conclusion of the
				  hearing specifies a longer period of time within which the order may be
				  issued.
(c) A final order in an
				  uncontested matter shall include all information required by any applicable law
				  and or rules, and shall be issued as soon as is practical after the receipt of
				  all required documentation.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 1 - GENERAL PROCEDURES › Subchapter A - GENERAL RULES OF PRACTICE › Section 1.27 - Rules of Civil Procedure

Current through Reg. 49, No. 28; July 12,
				  2024
Unless otherwise provided for in the APA or this chapter,
					 the Texas Rules of Civil Procedure may be applied to govern procedural matters
					 in proceedings before the department where, in the determination of the
					 administrative law judge, such rules are practicable.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 1 - GENERAL PROCEDURES › Subchapter A - GENERAL RULES OF PRACTICE › Section 1.30 - Default Provisions

Current through Reg. 49, No. 28; July 12,
				  2024
(a) If a respondent
				  fails to appear in person or by legal representative on the day and at the time
				  set for hearing, the administrative law judge must, upon motion by the
				  department's representative supported by proof the requirements of subsection
				  (b) of this section have been met, enter a default judgment adverse to the
				  respondent in which the allegations in the notice of hearing are deemed
				  admitted as true without any requirement for additional proof.
(b) A default judgment granted under this
				  section will be entered upon the proof of proper notice to the defaulting
				  party. For the purposes of this section, proper notice means notice sufficient
				  to meet the provisions of the Texas Government Code, §§
										2001.051,
				  2001.052, and
				  2001.054, and this
				  section; such notice also shall include the following language in capital
				  letters in at least 12-point boldface type: FAILURE TO APPEAR AT THE HEARING
				  WILL RESULT IN THE ALLEGATIONS AGAINST YOU AS CONTAINED IN THIS NOTICE BEING
				  ADMITTED AS TRUE, REGARDLESS WHETHER ADDITIONAL PROOF IS SUBMITTED.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 1 - GENERAL PROCEDURES › Subchapter A - GENERAL RULES OF PRACTICE › Section 1.41 - Private Real Property Rights Affected by Governmental Action

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. The purpose of this section is
				  to establish procedures whereby the department determines if private real
				  property rights are affected by governmental action taken by the department or
				  the commissioner of agriculture.
(b) Categorical Determination. Categorical
				  determinations that no private real property interests are affected by the
				  proposed governmental action obviates need for further compliance with the
				  Private Real Property Preservation Act, Government Code, Chapter 2007 (Chapter
				  2007). The following activities and programs, and policies or regulations
				  promulgated to implement them, do not affect private real property interests:
(1) Activities related to personnel
				  management;
(2) Activities related
				  to purchase of goods and services;
(3) Activities related to the general
				  administrative practice and procedures of the department;
(4) Requirements or activities relating to
				  the implementation of the department's promotional marketing or financial
				  assistance programs;
(5)
				  Requirements related to hearings and appeals;
(6) Activities related to the issuance of
				  licenses as part of the department's farmers market certification
				  program;
(7) Activities related to
				  the department's operation of its livestock export facilities;
(8) Activities related to the implementation
				  of the department's grant programs; and
(9) Activities related to the implementation
				  of the following department regulatory programs:
(A) Agri-Systems Program, including organic
				  certification, and plant quality programs;
(B) Cooperative Inspection Program conducted
				  jointly with United States Department of Agriculture for the inspection of
				  fresh fruits, vegetables, nuts and peanuts;
(C) Commodity Programs including the
				  Agricultural Protective Act, Cooperative Marketing Association, Commodity
				  Warehouse, Egg Quality, and Piece Rate programs;
(D) Weights and Measures programs including
				  the Public Weigher program;
(E)
				  Seed programs including the Seed Quality, Seed and Plant Certification and Seed
				  Arbitration programs; and
(F)
				  Pesticide programs including the Pesticide Applicator Licensing and Pesticide
				  Product Registration programs, Worker Protection program, Certification and
				  Training program, and Risk Assessment, Toxicology and Endangered Species
				  programs.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 1 - GENERAL PROCEDURES › Subchapter A - GENERAL RULES OF PRACTICE › Section 1.49 - Suspension of Rules

Current through Reg. 49, No. 28; July 12,
				  2024
In any case in which a public emergency or imperative
					 public necessity so requires, the department may suspend the operation of these
					 rules.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 1 - GENERAL PROCEDURES › Subchapter A - GENERAL RULES OF PRACTICE › Section 1.50 - Effect of Invalidity of a Rule

Current through Reg. 49, No. 28;
				  July 12, 2024
If any provision of any rule contained in this chapter or
					 its application to any person or circumstance is held invalid, the invalidity
					 does not affect other provisions or applications of the rule which can be given
					 effect without the invalid provision or application, and to this end the
					 provisions of any rule are severable.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 1 - GENERAL PROCEDURES › Subchapter B - COLLECTION OF DEBTS › Section 1.51 - Administrative Procedures

Current through Reg. 49, No. 28; July 12,
				  2024
The commissioner of agriculture (the commissioner) or any
					 person designated by the commissioner shall develop procedures and guidelines
					 for determining obligations owed to the department and the appropriate means of
					 collecting such debts.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 1 - GENERAL PROCEDURES › Subchapter B - COLLECTION OF DEBTS › Section 1.52 - Demand Letters

Current through Reg. 49, No. 28; July 12,
				  2024
(a) The division
				  responsible for determining an obligation is owed the department shall cause a
				  demand letter to be sent no later than 30 days after the obligation becomes
				  delinquent. A notation shall be made that a copy is being sent to the attorney
				  general who may file a lawsuit on the account.
(b) Demand letters should be mailed in
				  envelopes bearing the notation "address correction requested" and shall comply
				  with applicable requirements for address verification in 39 Code of Federal
				  Regulations §265(d). If an address correction is provided by the United
				  States Postal Service, the demand letter should be sent to the corrected
				  address prior to being referred to the attorney general for
				  collection.
(c) This section shall
				  not apply to the collection of debts or overpayments arising out of the Child
				  and Adult Care Food Program (CACFP), 7 CFR Part 226, or the Summer Food Service
				  Program (SFSP), 7 CFR Part 225. CACFP collection procedures are set forth in
				  RSA
				  226.14. SFSP collection procedures are set
				  forth in
				  RSA
				  225.12.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 1 - GENERAL PROCEDURES › Subchapter B - COLLECTION OF DEBTS › Section 1.53 - Referrals of Matters to the Office of the Attorney General for Collection

Current through Reg. 49, No. 28; July 12, 2024
(a) The chief legal officer shall decide
				  whether to refer a matter to the attorney general for collection. This decision
				  and any referral generally should be made no later than 60 days after the
				  second demand letter is sent. The 60-day guideline in this subsection shall not
				  apply to the collection of debts or overpayments arising out of the Child and
				  Adult Care Food Program (CACFP), 7 CFR Part 226, or the Summer Food Service
				  Program (SFSP), 7 CFR Part 225.
(b)
				  Generally, the department will not refer collection matters in which the amount
				  to be collected would be less than the total sum of expense to the department
				  and the attorney general for travel, employee time, court costs, and other
				  relevant expenses. The commissioner or the chief legal officer may from time to
				  time establish a minimum dollar amount for obligations to be referred for
				  collection.
(c) The department may,
				  for policy reasons or other good cause, determine that a matter should be
				  referred to the attorney general even if the amount to be recovered does not
				  exceed the minimum established pursuant to this rule.
(d) In making a determination of whether to
				  refer a matter to the attorney general, the department shall consider:
(1) the expense of further collection
				  procedures;
(2) the size of the
				  debt;
(3) the existence of any
				  security;
(4) the possibility of
				  collection or satisfaction of the debt through other means;
(5) the likelihood of collection;
(6) any obligation of the Department to
				  attempt to recover a debt that is imposed by federal law, contract or other
				  agreement; and
(7) any other
				  relevant factors established by the department's procedures for collection of
				  debts.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 1 - GENERAL PROCEDURES › Subchapter B - COLLECTION OF DEBTS › Section 1.54 - Records

Current through Reg. 49, No. 28; July 12, 2024
The department will maintain records identifying all
					 persons or entities liable for delinquent obligations and the correct physical
					 address of the debtor's place of business and/or residence, if available. Such
					 records should also contain collection histories on each debtor showing, where
					 applicable, attempted contacts with the debtor, efforts to locate the debtor,
					 efforts to locate assets of the debtor and the results of such efforts, state
					 warrants that may be issued to the debtor, and any other information considered
					 to be relevant by the department.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 1 - GENERAL PROCEDURES › Subchapter B - COLLECTION OF DEBTS › Section 1.55 - Exceptions

Current through Reg. 49, No. 28; July 12, 2024
For good cause, the commissioner may make exceptions to the
					 procedures in §§
										RSA
					 1.51-RSA
					 1.54 of this title (relating to Collection of
					 Debts).
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 1 - GENERAL PROCEDURES › Subchapter B - COLLECTION OF DEBTS › Section 1.56 - Waiver of Fees

Current through Reg. 49, No. 28; July 12,
				  2024
(a) Definitions.
				  The following words and terms, when used in this section, shall have the
				  following meanings, unless the context clearly indicates otherwise.
(1) Business day--Any day during which the
				  United States Post Office or during which the department is open for business
				  for any portion of the day, through the close of business on each such
				  day.
(2) Code--The Texas
				  Agriculture Code.
(3)
				  Confirmed--Obtained from department records or from documented information
				  acquired through oral or written communication between the department and the
				  person owing the fee or that person's authorized agent or
				  representative.
(4) Good cause--any
				  reason listed in subsection (c)(2) of this section or a credible written
				  certification from an authorized agent or representative of an entity listed in
				  subsection (c)(1) of this section stating that the entity did not know that it
				  qualified for a waiver due to a change in personnel responsible for managing
				  licensed activities or due to other circumstances demonstrating an innocent
				  mistake.
(5) Invoice period--From
				  the invoice date printed on the invoice to the date the invoiced payment is
				  due, inclusive.
(6) License--The
				  whole or a part of any department permit, certificate, approval, registration,
				  or similar form of permission required by law.
(7) Renewal period--From the date a renewal
				  notice is sent to the date of expiration of the license to which the renewal
				  notice refers, inclusive.
(8)
				  Responsible assistant commissioner--The assistant commissioner in charge of the
				  Austin headquarters division that administers and establishes policy for the
				  regulatory, marketing, licensing inspection, or other program for which waiver
				  of a license, inspection, or other fee is requested.
(9) Send--Place in a United States Postal
				  Service mail receptacle, place into the control of an employee of the U.S.
				  Postal Service, transmit by facsimile machine, or place in the department's
				  electronic mail queue for transmittal.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 1 - GENERAL PROCEDURES › Subchapter C - MINORITY PURCHASING › Section 1.71 - Statement of Purpose

Current through Reg. 49, No. 28; July 12,
				  2024
The purpose of this subchapter is to encourage historically
					 underutilized businesses (HUBs) to bid for contract and open market purchases
					 of the department and to maximize contracting opportunities for
					 HUBs.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 1 - GENERAL PROCEDURES › Subchapter C - MINORITY PURCHASING › Section 1.73 - Identification of Historically Underutilized Businesses (HUBs)

Current through Reg. 49, No. 28; July 12,
				  2024
(a) The department
				  will obtain the Texas Historically Underutilized Business Certification
				  Directory from the Texas Comptroller of Public Accounts to identify minority
				  and female-owned businesses certified as HUBs in the state.
(b) The department will use the directory to
				  solicit bids from such businesses on all contract and open market purchases for
				  which it has jurisdiction to contract pursuant to the Texas Government Code,
				  Chapter 2155.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 1 - GENERAL PROCEDURES › Subchapter C - MINORITY PURCHASING › Section 1.74 - Certification Requirements

Current through Reg. 49, No. 28; July 12,
				  2024
(a) All HUBs must
				  be certified under the historically underutilized business program of the Texas
				  Comptroller of Public Accounts to be eligible to participate in contract and
				  open market purchases of the department.
(b) The department will assist HUBs to become
				  eligible for certification and participation in bidding on contracts to be
				  awarded by the department.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 1 - GENERAL PROCEDURES › Subchapter C - MINORITY PURCHASING › Section 1.75 - Outreach

Current through Reg. 49, No. 28; July 12,
				  2024
(a) The department
				  will attend forums sponsored by the Texas Comptroller of Public Accounts
				  relating to HUBs to improve its efforts in soliciting these businesses for
				  bidding on department contracts.
(b) The department will actively pursue
				  opportunities to distribute brochures, pamphlets, and other literature
				  regarding the department's HUB recruitment program to the public.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 1 - GENERAL PROCEDURES › Subchapter C - MINORITY PURCHASING › Section 1.76 - In-House Training

Current through Reg. 49, No. 28; July 12,
				  2024
The department will provide in-house training for all its
					 personnel involved in making purchases on behalf of the department which will
					 focus on soliciting HUBs to participate in bidding on contract and open market
					 purchases of the department.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 1 - GENERAL PROCEDURES › Subchapter C - MINORITY PURCHASING › Section 1.77 - Tracking of Progress

Current through Reg. 49, No. 28; July 12,
				  2024
The department will maintain a computerized program to keep
					 track of all expenditures and purchases involving HUBs.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 1 - GENERAL PROCEDURES › Subchapter C - MINORITY PURCHASING › Section 1.78 - Historically Underutilized Business Program

Current through Reg. 49, No. 28; July 12,
				  2024
The department adopts by reference the rules of the Texas
					 Comptroller of Public Accounts in Texas Administrative Code, Title 34, Part 1,
					 Chapter 20, Subchapter D, Division 1, (relating to Historically Underutilized
					 Businesses) to administer and implement the department's HUB program in
					 accordance with Texas Government Code, Chapter 2161, Subchapters B and
					 C.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 1 - GENERAL PROCEDURES › Subchapter D - MISCELLANEOUS PROVISIONS › Section 1.81 - Private Organizations or Donors

Current through Reg. 49, No.
				  28; July 12, 2024
(a)
				  Purpose. The purpose of this section is to establish standards of conduct to
				  govern the relationships between the department, its officers and employees,
				  and private organizations or donors in accordance with Texas Government Code,
				  §
										2255.001.
(b) Definitions. The following words and
				  terms, when used in this subchapter, shall have the following meanings, unless
				  the context clearly indicates otherwise.
(1)
				  Donor--An individual or organization that gives or offers to give nonpublic
				  gifts or donations, in whatever form, to the department.
(2) Private organization--A private
				  organization designed or operated to further the purposes and duties of the
				  department.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 1 - GENERAL PROCEDURES › Subchapter D - MISCELLANEOUS PROVISIONS › Section 1.82 - Sick Leave Pool

Current through Reg. 49, No. 28; July 12,
				  2024
(a) A sick leave
				  pool is established to alleviate hardship caused to an employee and the
				  employee's immediate family if a catastrophic injury or illness forces the
				  employee to exhaust all eligible leave time earned by that employee and to lose
				  compensation time from the state.
(b) The Administrator for Human Resources, or
				  his or her designee, will administer the sick leave pool.
(c) The pool administrator will develop and
				  maintain a policy, operating procedures, and forms for the administration of
				  the sick leave pool, subject to approval by the Deputy Commissioner.
(d) Operation of the pool shall be consistent
				  with the Texas Government Code, Chapter 661, Subchapter A.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 1 - GENERAL PROCEDURES › Subchapter D - MISCELLANEOUS PROVISIONS › Section 1.83 - Family Leave Pool

Current through Reg. 49, No. 28; July 12,
				  2024
(a) A family leave
				  pool is established to provide eligible employees more flexibility in:
(1) bonding with and caring for children
				  during a child's first year following birth, adoption, or foster placement;
				  and
(2) caring for a seriously ill
				  family member or the employee themselves, including pandemic-related illnesses
				  or complications caused by a pandemic.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 1 - GENERAL PROCEDURES › Subchapter D - MISCELLANEOUS PROVISIONS › Section 1.91 - Vehicle Fleet Management

Current through Reg. 49, No. 28; July 12,
				  2024
Pursuant to Texas Government Code, §
										2171.1045, and
					 consistent with the management plan developed by the office of vehicle fleet
					 management, the department requires that:
(1) Each state-owned vehicle under the
				  department's control shall be assigned to the department's motor vehicle pool
				  and made available for checkout as needed, except for a vehicle assigned to a
				  field employee for regular use.
(2)
				  If the department assigns a vehicle to an administrative or executive employee
				  for use on a regular basis, then the department's Chief of Operational Support,
				  or his or her designee, must document in writing a finding that the assignment
				  and use of the vehicle is critical to the needs and mission of the department.
				  The written documentation must be maintained by the Agency Administration
				  Division.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 1 - GENERAL PROCEDURES › Subchapter E - ADVISORY COMMITTEES › Section 1.200 - Scope and Purpose

Current through Reg. 49, No. 28; July 12,
				  2024
This subchapter identifies advisory committees created by
					 or under statute to advise the Texas Department of Agriculture and, in
					 accordance with the provisions of the Texas Government Code, Chapter 2110
					 (Vernon Supp.2000), prescribes the purposes and duties of such committees, and
					 the expiration date of each committee. Unless otherwise provided for a specific
					 committee, the manner in which each continuing committee will report to the
					 agency is by the preparation and submission of committee minutes to the
					 department. In addition, the commissioner may request that a committee prepare
					 and submit a report of committee activities.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 1 - GENERAL PROCEDURES › Subchapter E - ADVISORY COMMITTEES › Section 1.201 - Wine Advisory Committee

Current through Reg. 49, No. 28; July 12,
				  2024
(a) The Committee.
				  The Wine Advisory Committee (Committee) is established pursuant to Texas
				  Agriculture Code §
										12.0204. The
				  Committee serves in an advisory capacity and is subject to Texas Government
				  Code, Chapter 2110.
(b) Purpose.
(1) The Committee shall assist the
				  Commissioner by developing recommendations concerning a long-term vision and
				  marketable identity for the wine industry in the state and assist the
				  Commissioner in establishing and implementing the Texas Wine Marketing
				  Assistance Program under Texas Alcoholic Beverage Code, Chapter 110.
(2) The Committee may make recommendations
				  related to wine marketing, research, or educational outreach activities for the
				  department.
(3) At the request of
				  the Commissioner, the Committee may also offer recommendations associated with
				  department rules and internal policies to accomplish the goals and objectives
				  of the Texas Wine Marketing Assistance Program.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 1 - GENERAL PROCEDURES › Subchapter E - ADVISORY COMMITTEES › Section 1.211 - The Texas Organic Agriculture Industry Advisory Board

Current
				  through Reg. 49, No. 28; July 12, 2024
(a) Purpose. The Texas Organic Agriculture
				  Industry Advisory Board (Board) is appointed by the Commissioner of Agriculture
				  (Commissioner) pursuant to the Texas Agriculture Code, §
										RSA
				  50C.002 and is established within the Texas
				  Department of Agriculture (the department) to assist the Commissioner in
				  expanding, developing and promoting the Texas organic agricultural products
				  industry.
(b) Duties. The Board
				  shall assist the Commissioner: with assessing the state of the Texas organic
				  agricultural products industry, recommending how to promote and expand the
				  Texas organic agricultural products industry in Texas, with obtaining grants
				  and gifts to promote and expand the Texas organic agricultural products
				  industry in Texas; with developing a statewide organic agricultural products
				  education and awareness campaign; and with reviewing and providing guidance on
				  rules on the Texas organic agricultural products industry.
(c) Reporting. Reporting takes place through
				  meetings held by the Board. Through these meetings, the Commissioner and/or
				  department staff discusses matters related to the Board's business and the
				  Board provides oral feedback and direction. The department staffs the Board.
				  Department staff prepares and maintains the minutes of each advisory Board
				  meeting. Staff maintains a record of actions taken and distributes copies of
				  approved minutes and other Board documents to Board members and the
				  Commissioner.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 1 - GENERAL PROCEDURES › Subchapter E - ADVISORY COMMITTEES › Section 1.221 - Texas Food System Security and Resiliency Planning Council

Current through Reg. 49, No. 28; July 12,
				  2024
(a) Statutory
				  authority. Texas Food System Security and Resiliency Planning Council (Council)
				  is established pursuant to Texas Agriculture Code, §
										23.002.
(b) Definitions. In additional to the general
				  definitions contained within Title 4, Part 1, Chapter 1, §1.1, the
				  following words and terms, when used in this subchapter, shall have the
				  following meanings, unless the context clearly indicates otherwise:
(1) "Council" means the Texas food system
				  security and resiliency planning council; and
(2) "Office" means the food and nutrition
				  division or other division within the department responsible for food
				  assistance programs, established pursuant to Texas Agriculture Code, §
											23.001(2).
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 1 - GENERAL PROCEDURES › Subchapter G - INTERAGENCY AGREEMENTS › Section 1.310 - Joint Memorandum of Understanding (MOU) Between the Texas Department of Agriculture (TDA) and the State Office of Administrative Hearings (SOAH) Concerning Procedures for Contested Cases Conducted by SOAH for TDA

Current
				  through Reg. 49, No. 28; July 12, 2024
(a) Statement of purpose. Texas Agriculture
				  Code (the Code), §
										RSA
				  12.032, added by the 74th Legislature,
				  provides that the Commissioner of Agriculture and the Chief Administrative Law
				  Judge of SOAH by rule shall adopt a memorandum of understanding (MOU) under
				  which SOAH conducts hearings for the department under the Code. This MOU is
				  necessary to accomplish the efficient and expeditious hearing of matters under
				  the jurisdiction of TDA by establishing the procedures to be used by each
				  agency and clearly delineating each agency's responsibilities. Additionally,
				  this MOU, when adopted by rule, shall inform the public of each agency's
				  responsibilities and the procedures for the institution, conduct and
				  determination of proceedings before SOAH on behalf of TDA.
(b) General statement of duties to be
				  performed by SOAH.
(1) SOAH shall conduct for
				  TDA all administrative hearings in contested cases under the Code, with the
				  exception that this MOU shall not apply to hearings held under the Code,
				  Chapter 103. Except as otherwise provided by the Code or this MOU, all hearings
				  will be held in accordance with the Administrative Procedure Act, Government
				  Code, §§
											RSA
				  2001.001 et seq.
(2) SOAH shall handle all matters related
				  thereto, including prehearing and post-hearing matters, the issuance of the
				  proposal for decision, and if required, shall appear before the commissioner or
				  his designee to present the proposal for decision. Unless specifically
				  requested by the department, the final decision or order shall be rendered by
				  the commissioner or his designee. At the request of TDA, SOAH shall include a
				  proposed order with the proposal for decision, but shall not be responsible for
				  the preparation of a final order which differs from the proposed order
				  submitted by SOAH.
(3) During the
				  term of this MOU, SOAH shall act pursuant to Texas Government Code,
				  §§
											RSA
				  2003.001 et seq, Texas Government Code,
				  §§
											RSA
				  2001.001 et seq, and other applicable
				  law.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 1 - GENERAL PROCEDURES › Subchapter G - INTERAGENCY AGREEMENTS › Section 1.320 - Memorandum of Understanding Between the Texas Department of Agriculture and the Texas Department of Health, Bureau of Food and Drug Safety

Current through Reg. 49, No. 28; July 12, 2024
(a) Statement of Purpose. Senate Bill 372,
				  Article 7, §7.03, 74th Legislative Session (1995) now codified at Texas
				  Agriculture Code, Chapter 132, Subchapter A, requires the Texas Department of
				  Agriculture (TDA) to enter into a memorandum of understanding (MOU) with the
				  Texas Department of Health (TDH) to coordinate regulatory programs and
				  eliminate conflicting regulatory requirements and inspection standards of shell
				  eggs at the retail level.
(b)
				  Definitions. The following meanings apply to this section unless expressly
				  stated otherwise:
(1) TDA--The Texas
				  Department of Agriculture.
(2)
				  TDH--The Texas Department of Health.
(3) MOU--The Memorandum of Understanding
				  executed by TDA and TDH as required by §
											RSA
				  132.008 of the Texas Agriculture Code,
				  Chapter 132, Texas Egg Law, under the authority of the Texas Agriculture
				  Code.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 1 - GENERAL PROCEDURES › Subchapter H - REQUESTS FOR PUBLIC INFORMATION › Section 1.402 - Charges for Providing Copies of Public Information

Current
				  through Reg. 49, No. 28; July 12, 2024
(a) The department will charge fees for
				  copies of public information or access to public information in accordance with
				  the Public Information Act, Texas Government Code, Chapter 552 and the cost
				  rules promulgated by the Office of the Attorney General of Texas in Texas
				  Administrative Code, Title 1, Part 3, Chapter 70 (relating to Cost of Copies of
				  Public Information).
(b) The cost
				  rules promulgated by the Office of the Attorney General of Texas do not apply
				  to requests for copies of publications compiled and printed by the department
				  for public dissemination, and the department shall determine the charge to be
				  made for such publications unless the charge is set by law.
(c) Requests for public information for which
				  the Public Information Act, Texas Government Code, Chapter 552 or the Office of
				  the Attorney General of Texas have not established a charge will be charged the
				  actual cost to the department to provide the item in accordance with Texas
				  Administrative Code, Title 1, Part 3, Chapter 70, §70.10.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 1 - GENERAL PROCEDURES › Subchapter H - REQUESTS FOR PUBLIC INFORMATION › Section 1.404 - Prepayment and Waiver of Public Information Charges

Current
				  through Reg. 49, No. 28; July 12, 2024
(a) The department requires prepayment of all
				  charges prior to release of public information, unless the charges total $100
				  or less. The requestor will be contacted by a department representative once
				  the cost of filling the request is determined. Each component of the total
				  charge will be indicated on the department's billing form in order to provide
				  full disclosure to the requestor. The prepayment requirement may be waived by
				  the department in appropriate circumstances.
(b) The department will waive the charge for
				  a public information request that would result in a total charge of $40.00 or
				  less, except any remote document retrieval costs will be charged to the
				  requestor.
(c) The department will
				  furnish public information without charge or at a reduced charge if the
				  department determines that a waiver or reduction in fees is in the public
				  interest.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 1 - GENERAL PROCEDURES › Subchapter J - AGRICULTURAL LIEN DISPUTES › Section 1.601 - Statement of Purpose; Applicability

Current through Reg. 49, No.
				  28; July 12, 2024
(a)
				  The Texas Agriculture Code, Chapters 128 and 188 provide for the establishment
				  of liens in favor of sellers of agricultural chemicals, agricultural seeds, or
				  animal feed, or of a provider of labor in connection with the agricultural
				  chemicals, agricultural seeds, or animal feed. Chapters 128 and 188 also
				  provide for the department to establish procedures for settlement of disputes
				  regarding the amount owed a lien claimant for agricultural chemicals or labor
				  (§128.012) or animal feed (§188.012). A person may not file a notice
				  of claim of lien if a settlement of a dispute between the lien claimant and the
				  debtor has been submitted to the department under the Texas Agriculture Code,
				  §
										128.012 and §
										188.012, and is
				  pending.
(b) This subchapter
				  applies only to disputes regarding amounts due for the sale of agricultural
				  chemicals, or animal feed or regarding costs of labor in connection with the
				  sale of agricultural chemicals or feed where notice has been provided before
				  purchase to the buyer (debtor) of such chemicals or animal feed or labor in
				  accordance with the Texas Agriculture Code, §
										RSA
				  128.006 and §
										RSA
				  188.006.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 1 - GENERAL PROCEDURES › Subchapter J - AGRICULTURAL LIEN DISPUTES › Section 1.602 - Submitting a Dispute for Settlement

Current through Reg. 49, No.
				  28; July 12, 2024
(a) If
				  there is a dispute as to the amounts owed a lien claimant for agricultural
				  chemicals or feed or the costs of labor associated therewith as defined under
				  the Texas Agriculture Code, Chapters 128 and 188, an attempt at resolving the
				  dispute may be submitted to the department prior to the filing of the notice of
				  claim of lien with the Secretary of State's Office by the lien
				  claimant.
(b) A debtor (buyer) or
				  lien claimant (seller) subject to this subchapter may request that the
				  department resolve a dispute as to amounts owed a lien claimant by filing a
				  request for setting of a settlement conference with the department's Office of
				  General Counsel.
(c) The request
				  for setting must be filed with the department within ten days of the date that
				  the debtor receives a notice of intent to file a claim of lien in accordance
				  with the Texas Agriculture Code, §
										RSA
				  128.006 and §
										RSA
				  188.006, must be in writing and must include
				  supporting documentation such as:
(1) any
				  written agreements regarding the debt in dispute;
(2) invoices or other documents to establish
				  delivery of the agricultural chemicals, agricultural feed, or provision of
				  labor associated with the chemicals or feed; any correspondence between parties
				  regarding the debt;
(3) any notices
				  provided the debtor regarding the debt; and
(4) information to support agreed or
				  reasonable charges for agricultural chemicals, agricultural seed or the
				  provision of labor associated with the chemicals or feed.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 1 - GENERAL PROCEDURES › Subchapter J - AGRICULTURAL LIEN DISPUTES › Section 1.603 - Notice of Dispute; Setting of Conference

Current through Reg.
				  49, No. 28; July 12, 2024
(a) Within seven days of receipt of a request
				  for setting in accordance with §
										1.602 of this chapter (relating to
				  Submitting a Dispute for Settlement), the department shall:
(1) assign a docket number to the
				  matter;
(2) appoint a facilitator
				  to conduct a settlement conference;
(3) set a date for a settlement conference;
				  and
(4) send notice of the
				  settlement conference to parties.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 1 - GENERAL PROCEDURES › Subchapter J - AGRICULTURAL LIEN DISPUTES › Section 1.604 - Attendance; Conduct; Authority to Settle

Current through Reg. 49,
				  No. 28; July 12, 2024
(a) Party representatives with authority to
				  negotiate a settlement and all other persons necessary to negotiate a
				  settlement must attend the settlement conference in person or virtually through
				  video conferencing.
(b) Parties and
				  their representatives attending the settlement conference shall attend in good
				  faith and make a good faith effort to settle the dispute.
(c) If a party declines to attend a
				  settlement conference, the department shall notify the requesting party of that
				  fact and issue a closing report on the matter.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 1 - GENERAL PROCEDURES › Subchapter J - AGRICULTURAL LIEN DISPUTES › Section 1.605 - Process for Evaluating the Dispute; Role of the Department

Current
				  through Reg. 49, No. 28; July 12, 2024
(a) The dispute shall be evaluated using the
				  definitions and standards provided in the Texas Agriculture Code, Chapters 128
				  and 188 and any documentation provided by parties in support of their
				  positions.
(b) The department
				  facilitator shall act as an impartial third party in the settlement process
				  with a goal of achieving settlement of the matter between parties. The
				  facilitator may not impose his or her own judgment on the issues for that of
				  the parties.
(c) At the conclusion
				  of the settlement conference, the facilitator shall issue a report on the
				  matter, outlining what, if any, agreements were reached in the process and
				  what, if any, issues still remain to be resolved.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 1 - GENERAL PROCEDURES › Subchapter J - AGRICULTURAL LIEN DISPUTES › Section 1.606 - Effect of Results

Current through Reg. 49, No. 28; July 12,
				  2024
(a) The results of
				  the settlement conference are not binding unless the parties agree
				  otherwise.
(b) If the parties reach
				  a settlement and choose to execute a written agreement disposing of the
				  dispute, the agreement is enforceable in the same manner as any other written
				  contract.
(c) If no settlement is
				  reached, the lien claimant may proceed to file a notice of claim of lien in
				  accordance with Texas Agriculture Code, Chapters 128 and 188.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 1 - GENERAL PROCEDURES › Subchapter J - AGRICULTURAL LIEN DISPUTES › Section 1.607 - Confidentiality

Current through Reg. 49, No. 28; July 12, 2024
(a) Any notes or record made of a settlement
				  conference conducted under this subchapter are confidential, and may not be
				  disclosed unless all parties to the dispute consent to the
				  disclosure.
(b) A facilitator
				  conducting a settlement conference under this subchapter may not be required to
				  testify in any proceedings relating to or arising out of the matter in dispute
				  or be subject to process requiring disclosure of confidential information or
				  data relating or arising out of the matter in dispute.
(c) An oral communication or written material
				  used in or made a part of a settlement conference conducted under this
				  subchapter is admissible or discoverable, if it is admissible or discoverable
				  independent of the procedure, or required to be disclosed by law.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 1 - GENERAL PROCEDURES › Subchapter J - AGRICULTURAL LIEN DISPUTES › Section 1.608 - Fees

Current through Reg. 49, No. 28; July 12, 2024
(a) Fees for reasonable costs incurred by the
				  department in conducting settlement conferences under this subchapter shall be
				  apportioned equally among parties to the conference.
(b) Fees may include:
(1) the costs of securing a venue suitable to
				  facilitate the resolution of the dispute;
(2) administrative costs for supplies such as
				  paper and copying charges. Costs of copies shall be in the same amount as
				  charged by the department for copies of public information, as specified in
				  §
											RSA
				  1.402 of this title (relating to Charges for
				  Providing Copies of Public Information);
(3) costs associated with the department
				  facilitator's having to travel to the venue, including but not limited to,
				  mileage, fuel, car rental, airline tickets, and a maximum per diem limited to
				  the rates listed on the General Services Administration's (GSA) Domestic
				  Maximum Per Diem Rates table for meals and lodging. Mileage shall be charged in
				  the same amount as allowed for state employees traveling on state business;
				  and
(4) any other reasonable charge
				  incurred by the department in resolving the dispute between the
				  parties.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 1 - GENERAL PROCEDURES › Subchapter K - EMPLOYEE TRAINING AND EDUCATION › Section 1.700 - General Provisions

Current through Reg. 49, No. 28; July 12,
				  2024
The department may use state funds to provide training and
					 education for its employees in accordance with the provisions of the Texas
					 Government Code, Chapter 656, Subchapters C and D.
(1) Training to be duty related. The training
				  or education must be related to the duties or prospective duties of the
				  employee.
(2) Training program
				  purpose. The training and educational program of the department may include:
(A) preparing for technological and legal
				  developments;
(B) increasing work
				  capabilities; and
(C) increasing
				  the competence of state employees.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 1 - GENERAL PROCEDURES › Subchapter K - EMPLOYEE TRAINING AND EDUCATION › Section 1.701 - Employee Eligibility

Current through Reg. 49, No. 28; July 12,
				  2024
(a) Employee
				  Training Eligibility. Employees are eligible to participate in training
				  opportunities, subject to department policy, managerial discretion, and
				  available funds. Eligibility for training is determined without regard to race,
				  color, disability, religion, sex, gender, national origin, age, sexual
				  orientation, veteran's status, genetic information, or protected
				  activity.
(b) Employee Tuition
				  Reimbursement Eligibility. To be eligible for educational assistance tuition
				  reimbursement, an employee must meet certain criteria detailed in department
				  policy, including:
(1) department tenure
				  requirement;
(2) active employment
				  requirement;
(3) minimum
				  performance rating requirement;
(4)
				  conduct requirements; and
(5)
				  obtain written approval for reimbursement from the Deputy
				  Commissioner.