Part 4.
TEXAS COMMISSION FOR THE BLIND
Chapter 159.
ADMINISTRATIVE RULES AND PROCEDURES
Subchapter A. GENERAL RULES
40 TAC §159.1
The Texas Commission for the Blind proposes the amendment
of Section 159.1 in its administrative rules and procedures pertaining to
complaints. The amendment is made to satisfy the requirement in SB 1563 of
the 76th Legislature (1999) that agencies must include the method for directing
complaints to the agencies on their Internet site.
Alvin Miller, Chief Financial Officer, has determined that there will be
no foreseeable implications relating to cost or revenues of the state or local
governments as a result of enforcing or administering the rule.
Mr. Miller has also determined that for each year of the first five years
the rules are in effect the anticipated public benefits will be additional
procedures available to consumers to resolve complaints about state services.
There will be no economic cost to small businesses or individuals as a result
of the rule.
Questions about the content of this proposal may be directed to Jean Crecelius
at (512) 377-0611, and written comments on the proposal may be submitted to
Policy and Rules Coordinator, P. O. Box 12866, Austin, Texas 78711, within
30 days from the date of this publication.
The amendment is proposed under the authority of Human Resources
Code, Title 5, Chapter 91, Section 91.018, which authorizes the Commission
to promulgate rules establishing methods for directing complaints to the agency.
The proposal affects Subtitle C, Title 10, Government Code, Chapter 2113.
§159.1.Complaints.
(a)
For the purpose of notifying
any person
[
(b)
The Commission shall place a sign in all business enterprises
operated by a person licensed by the Commission. The sign shall contain the
name, mailing address, and toll-free telephone number for the purpose of directing
complaints to the agency.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State, on May 15, 2000.
TRD-200003380
Terrell I. Murphy
Executive Director
Texas Commission for the Blind
Earliest possible date of adoption: July 2, 2000
For further information, please call: (512) 377-0611
40 TAC §159.5
The Texas Commission for the Blind proposes new §159.5
concerning conducting criminal history checks on applicants for employment.
The section contains the criteria the agency considers during reviews for
the purpose of determining whether to deny a person employment based on the
information contained in a criminal history record.
Alvin Miller, Chief Financial Officer, has determined that there will be
no foreseeable implications relating to cost or revenues of the state or local
governments as a result of enforcing or administering the rules.
Mr. Miller has also determined that for each year of the first five years
the rules are in effect the anticipated public benefits will be improved employment
practices. Checking the criminal history records of applicants will better
assure that individuals with inappropriate criminal backgrounds are not hired
for positions that provide services to agency consumers or might offer an
opportunity for the individuals to engage in further criminal activity of
the same type as that in which the individual previously had been involved.
There will be no economic cost to small business and individuals as a result
of the rule.
Questions about the content of this proposal may be directed to Jean Crecelius
at (512) 377-0611, and written comments on the proposal may be submitted to
Policy and Rules Coordinator, P. O. Box 12866, Austin, Texas 78711, within
30 days from the date of this publication.
The rule is proposed under the authority of Human Resources Code,
Title 5, Chapter 91, §91.0165, which states that the Commission by rule
shall establish criteria for denying a person's employment application based
on the results of a criminal history check.
The proposal affects no other statutes.
§159.5.Criminal History Checks on Applicants for Employment.
(a)
The purpose of this section is to implement the provisions
of Human Resources Code, §91.0165, regarding obtaining the criminal history
record of persons applying to become an employee of the Texas Commission for
the Blind.
(b)
If a law enforcement or criminal justice agency reports
that a person has a criminal conviction of any kind, the conviction shall
be reviewed by the commission to determine if the conviction may bar the person
from employment.
(c)
Criminal history records and reports received by the commission
are confidential and may not be released or disclosed to any person other
than appropriate commission staff except on court order or with the written
consent of the applicant.
(d)
The commission's determination to deny a person employment
based on information contained in a criminal history record shall include
the following criteria:
(1)
the nature and seriousness of the crime;
(2)
the relationship of the crime to the job for which
the applicant applies;
(3)
the extent to which the job might offer an opportunity
to engage in further criminal activity of the same type as that in which the
person previously had been involved;
(4)
the relationship of the crime to the ability, capacity,
or fitness required to perform the duties and discharge the responsibilities
of the job;
(5)
the age of the person at the time of the commission
of the crime;
(6)
the amount of time that has elapsed since the person's
last criminal activity;
(7)
other evidence of the person's present fitness, including
letters of recommendation from prosecution, law enforcement, and correctional
officers who prosecuted, arrested, or had custodial responsibility for the
person; the sheriff and chief of police in the community where the person
resides; and any other persons in contact with the convicted person; and
(8)
any other evidence the commission determines to be
relevant to the hiring decision.
(e)
If the commission hires a person with a criminal history,
the history shall be maintained only through the person's probationary term
of employment.
(f)
Criminal background checks shall also be performed on any
current agency employee seeking transfer to a position within the agency which
would otherwise require a criminal background check.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State, on May 15, 2000.
TRD-200003389
Terrell I. Murphy
Executive Director
Texas Commission for the Blind
Earliest possible date of adoption: July 2, 2000
For further information, please call: (512) 377-0611
40 TAC §159.6
The Texas Commission for the Blind proposes new §159.6
concerning payment rates for medical services provided to consumers. The proposed
rules define how rates for medical treatment and procedures are set to ensure
that the State is getting the best value for services while at the same time
ensuring that consumers have adequate access to assessment and treatment services.
The rules also establish a method for waiving rates in cases where a particular
rate would deny a person access to services and establishes the Board's schedule
for periodic review of all rates.
Alvin Miller, Chief Financial Officer, has determined that there will be
no foreseeable implications relating to cost or revenues of the state or local
governments as a result of enforcing or administering the rules.
Mr. Miller has also determined that for each year of the first five years
the rules are in effect the anticipated public benefits will be increased
public participation in the rate-setting process and rates that represent
best-value criteria. There will be no economic cost to small businesses or
individuals as a result of the rule.
Questions about the content of this proposal may be directed to Jean Crecelius
at (512) 377-0611 and written comments on the proposal may be submitted to
Policy and Rules Coordinator, P. O. Box 12866, Austin, Texas 78711, within
30 days from the date of this publication.
The rule is proposed under the authority of Human Resources Code,
Title 5, Chapter 91, §91.029, which authorizes the Commission to adopt
rules and standards governing the determination of rates the Commission will
pay for medical services.
The proposal affects no other statutes.
§159.6.Rates for Medical Services.
Pursuant to Human Resources Code § 91.029, the following rules
and standards shall govern the rates the commission will pay for medical services:
(1)
Subject to any limitations specified in this section, all
medical services purchased by the commission for consumers served by its various
programs shall be paid for at rates not to exceed rates established by Health
Care Finance Administration's (HCFA) relative value units (RVUs) as applied
to the Current Procedural Terminology (CPT). Where no HCFA RVU exists, a maximum
payment shall be set that represents best value based upon factors that include
reasonable and customary industry standards for each specific service.
(2)
Rates shall be established at a level adequate to
insure availability of qualified providers and in adequate numbers to provide
assessment and treatment, and within a geographic distribution that mirrors
consumer distribution.
(3)
Rates shall be adopted after comparing proposed rates
to other cost-based rates for medical services, including Medicaid and Medicare
rates. The commission shall document the reasons that any adopted rate exceeds
the Medicaid or Medicare rate for the same service.
(4)
Rates shall be administered uniformly in all commission
programs in accordance with federal regulations governing payment for vocational
rehabilitation services, which allows the agency to establish and maintain
written policies to govern the rates of payment for all purchased services
insofar as the schedule:
(A)
is not so low as to effectively deny an individual a necessary
service;
(B)
permits exceptions so that individual needs can be addressed;
and
(C)
takes into consideration the consumer's informed choice.
(5)
The Board shall review its rate schedule annually
after a public hearing to consider whether adjustments are necessary. If between
annual reviews it becomes necessary to set the amount of payment for a medical
service because a payment rate is not established in these rules or is not
otherwise available, the Executive Director is authorized to set the amount
on an individual basis with the advice of the agency's medical and optometric
consultants. The interim amounts shall be presented to the Board at the next
scheduled annual review of all rates.
(6)
Until rates are adopted pursuant to this section,
the commission shall pay for medical services using amounts contained in the
agency's Maximum Affordable Payment Schedule (MAPS). The MAPS shall continue
to be maintained in its present form for public inspection at the commission's
main office at 4800 North Lamar, Austin, Texas, 78756, until superseded.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State, on May 15, 2000.
TRD-200003384
Terrell I. Murphy
Executive Director
Texas Commission for the Blind
Earliest possible date of adoption: July 2, 2000
For further information, please call: (512) 377-0611
Subchapter A. GENERAL INFORMATION
40 TAC §163.6
The Texas Commission for the Blind proposes new §163.6
concerning service delivery. Included in the section are rules establishing
oversight and monitoring of service delivery, guidelines to service delivery
staff, reasonable time frames for service delivery, and sharing of financial
information for planning purposes.
Alvin Miller, Chief Financial Officer, has determined that there will be
no foreseeable implications relating to cost or revenues of the state or local
governments as a result of enforcing or administering the rules.
Mr. Miller has also determined that for each year of the first five years
the rules are in effect the anticipated public benefits will be formalized
benchmarks in policy regarding service delivery to improve the ability of
the staff to evaluate consumer progress relative to services provided and
to assist consumers in seeing that their individualized needs are met. There
will be no economic cost to small businesses or individuals as a result of
the rule.
Questions about the content of this proposal may be directed to Jean Crecelius
at (512) 377-0611, and written comments on the proposal may be submitted to
Policy and Rules Coordinator, P. O. Box 12866, Austin, Texas 78711, within
30 days from the date of this publication.
The rule is proposed under the authority of Human Resources Code,
Title 5, Chapter 91, §91.022, which authorizes the agency to establish
and maintain, by rule guidelines for the delivery of services by the Commission
consistent with state and federal law
The proposal affects no other statutes.
§163.6.Service Delivery.
(a)
Oversight and monitoring of service delivery. Service delivery
shall be monitored by trained personnel through the use of onsite visits and
standard case review checklists. The checklist shall contain sufficient information
to evaluate case documentation, timely service delivery, and client progress
towards goals.
(b)
Guidance to service delivery staff. Service delivery staff
shall be provided with written guidelines and training on developing consumer
service plans, measuring and documenting consumer progress toward an expected
outcome, and the timely authorization of services. The guidelines shall include,
but are not limited to, the following:
(1)
Procedures for providing information to applicants and
consumers that aid in making an informed choice about the selection of a rehabilitation
outcome, the specific services needed to achieve the outcome, the entity that
will provide the services, and the settings in which the services will be
provided;
(2)
Procedures for monitoring and documenting consumer
progress in completing services that are included in the consumer's service
plan. Said procedures shall include reasonable time frames in which the provision
of services are expected to be completed or initiated, provided that the time
periods are not so short as to effectively deny an individual a necessary
service, not absolute, and permit exceptions so that individual needs can
be addressed. The duration of each service needed by an individual must be
determined on an individual basis.
(c)
Reasonable Timeframes for Service Delivery. The following
timeframes shall serve as benchmarks to service delivery staff and monitoring
staff in evaluating a consumer's progress towards the expected outcome in
the service plan.
(1)
Once an individual has submitted an application for services,
an eligibility determination will be made within 60 days, unless exceptional
and unforeseen circumstances beyond the control of the commission precludes
a determination within 60 days and the agency and the individual agree to
a specific extension of time; or a trial work period is necessary.
(2)
An individual for whom a trial work period is necessary
to determine eligibility will normally receive services of this nature for
no longer than 18 months.
(3)
Once an individual is determined eligible, a plan
of services will normally be developed and agreed to within 90 days.
(4)
A consumer will normally complete all planned services
within 24 months. Progress will be documented at least annually.
(5)
An individual who is receiving academic services must
meet the requirements of the educational institution in which the person is
enrolled to receive academic service support. Consumers will normally complete
academic services within 60 months.
(6)
The agency monitors and assists for not more than
120 days a consumer who has completed their services and is employed.
(7)
Post-employment services will normally not exceed
12 months.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State, on May 15, 2000.
TRD-200003383
Terrell I. Murphy
Executive Director
Texas Commission for the Blind
Earliest possible date of adoption: July 2, 2000
For further information, please call: (512) 377-0682
Subchapter A. GENERAL INFORMATION
40 TAC §164.5
The Texas Commission for the Blind proposes new §164.5
concerning service delivery. Included in the section are rules establishing
oversight and monitoring of service delivery, guidelines to service delivery
staff, reasonable time frames for service delivery, and sharing of financial
information for planning purposes.
Alvin Miller, Chief Financial Officer, has determined that there will be
no foreseeable implications relating to cost or revenues of the state or local
governments as a result of enforcing or administering the rules.
Mr. Miller has also determined that for each year of the first five years
the rules are in effect the anticipated public benefits will be formalized
benchmarks in policy regarding service delivery to improve the ability of
the staff to evaluate consumer progress relative to services provided and
to assist consumers in seeing that their individualized needs are met. There
will be no economic cost to small businesses or individuals as a result of
the rule.
Questions about the content of this proposal may be directed to Jean Crecelius
at (512) 377-0611, and written comments on the proposal may be submitted to
Policy and Rules Coordinator, P. O. Box 12866, Austin, Texas 78711, within
30 days from the date of this publication.
The rule is proposed under the authority of Human Resources Code,
Title 5, Chapter 91, §91.022, which authorizes the agency to establish
and maintain, by rule guidelines for the delivery of services by the Commission
consistent with state and federal law.
The proposal affects no other statutes.
§164.5.Service Delivery.
(a)
Oversight and monitoring of service delivery. Service delivery
shall be monitored by trained personnel through the use of onsite visits and
standard case review checklists. The checklist shall contain sufficient information
to evaluate case documentation, timely service delivery, and client progress
towards goals.
(b)
Guidance to service delivery staff. Service delivery staff
shall be provided with written guidelines and training on developing consumer
service plans, measuring and documenting consumer progress toward an expected
outcome, and the timely authorization of services. The guidelines shall include,
but are not limited to, the following:
(1)
Procedures for providing information to applicants and
consumers that aid in making an informed choice about the selection of a rehabilitation
outcome, the specific services needed to achieve the outcome, the entity that
will provide the services, and the settings in which the services will be
provided;
(2)
Procedures for monitoring and documenting consumer
progress in completing services that are included in the consumer's service
plan. Said procedures shall include reasonable time frames in which the provision
of services are expected to be completed or initiated, provided that the time
periods are not so short as to effectively deny an individual a necessary
service, not absolute, and permit exceptions so that individual needs can
be addressed. The duration of each service needed by an individual must be
determined on an individual basis.
(c)
Reasonable Timeframes for Service Delivery. The following
timeframes shall serve as benchmarks to service delivery staff and monitoring
staff in evaluating a consumer's progress towards the expected outcome in
the service plan.
(1)
An eligibility decision will normally be made within 60
days from the time an application for services has been completed unless exceptional
and unforeseen circumstances beyond the control of the commission precludes
a determination.
(2)
Once an individual is determined eligible, a plan
of services will normally be developed and agreed to within 90 days.
(3)
A consumer will normally complete all planned services
within 18 months.
(4)
Post-closure services will normally not exceed 6 months.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State, on May 15, 2000.
TRD-200003382
Terrell I. Murphy
Executive Director
Texas Commission for the Blind
Earliest possible date of adoption: July 2, 2000
For further information, please call: (512) 377-0611
Subchapter A. GENERAL INFORMATION
40 TAC §169.7
The Texas Commission for the Blind proposes new §169.7
concerning service delivery. Included in the section are rules establishing
oversight and monitoring of service delivery, guidelines to service delivery
staff, reasonable time frames for service delivery, and sharing of financial
information for planning purposes.
Alvin Miller, Chief Financial Officer, has determined that there will be
no foreseeable implications relating to cost or revenues of the state or local
governments as a result of enforcing or administering the rules.
Mr. Miller has also determined that for each year of the first five years
the rules are in effect the anticipated public benefits will be formalized
benchmarks in policy regarding service delivery to improve the ability of
the staff to evaluate consumer progress relative to services provided and
to assist consumers in seeing that their individualized needs are met. There
will be no economic cost to small businesses or individuals as a result of
the rule.
Questions about the content of this proposal may be directed to Jean Crecelius
at (512) 377-0611, and written comments on the proposal may be submitted to
Policy and Rules Coordinator, P. O. Box 12866, Austin, Texas 78711, within
30 days from the date of this publication.
The rule is proposed under the authority of Human Resources Code,
Title 5, Chapter 91, §91.022, which authorizes the agency to establish
and maintain, by rule guidelines for the delivery of services by the Commission
consistent with state and federal law
The proposal affects no other statutes.
§169.7.Service Delivery.
(a)
Oversight and monitoring of service delivery. Service delivery
shall be monitored by trained personnel through the use of onsite visits and
standard case review checklists. The checklist shall contain sufficient information
to evaluate case documentation, timely service delivery, and client progress
towards goals.
(b)
Guidance to service delivery staff. Service delivery staff
shall be provided with written guidelines and training on developing consumer
service plans, measuring and documenting consumer progress toward an expected
outcome, and the timely authorization of services. The guidelines shall include,
but are not limited to, the following:
(1)
Procedures for providing information to applicants and
consumers that aid in making an informed choice about the selection of a habilitation
outcome, the specific services needed to achieve the outcome, the entity that
will provide the services, and the settings in which the services will be
provided;
(2)
Procedures for monitoring and documenting consumer
progress in completing services that are included in the consumer's service
plan. Said procedures shall include reasonable time frames in which the provision
of services are expected to be completed or initiated, provided that the time
periods are not so short as to effectively deny an individual a necessary
service, not absolute, and permit exceptions so that individual needs can
be addressed. The duration of each service needed by an individual must be
determined on an individual basis.
(c)
Reasonable Timeframes for Service Delivery. The following
timeframes shall serve as benchmarks to service delivery staff and monitoring
staff in evaluating a consumer's progress towards the expected outcome in
the service plan.
(1)
An assessment to determine eligibility will normally be
completed within 60 days, unless exceptional and unforeseen circumstances
beyond the control of the commission precludes a determination.
(2)
Vision screening services will normally be completed
within 90 days.
(3)
Restoration services will normally be completed within
12 months.
(4)
Habilitation services for a permanently severely visually
impaired child:
(A)
A habilitation plan will normally be developed within 30
days after an eligibility determination.
(B)
The child will normally complete all planned habilitation
services within 60 months.
(C)
Eye treatment services, if part of the plan, will normally
be completed within 24 months.
(D)
Applicable referrals to Early Childhood Intervention Program
will be completed within two working days.
(E)
Applicable referrals for educational placement will be
completed within 30 days.
(F)
Progress on other services, such as developmental, independent
living, social and emotional development, prevocational, and communication
services, will be documented at least annually.
(G)
Post-outcome services will normally be completed within
6 months.
(d)
Financial planning information. Quarterly budget information
shall be provided to agency regional directors. Regional directors will disseminate
this information to all caseload carrying staff for financial planning purposes.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State, on May 15, 2000.
TRD-200003381
Terrell I. Murphy
Executive Director
Texas Commission for the Blind
Earliest possible date of adoption: July 2, 2000
For further information, please call: (512) 377-0611
Chapter 182.
SPECIALIZED TELECOMMUNICATIONS DEVICE ASSISTANCE PROGRAM
Subchapter B. PROGRAM REQUIREMENTS
40 TAC §182.21
The Texas Commission for the Deaf and Hard of Hearing proposes
amendment to §182.21. The amendment is proposed to broaden the program
to include social workers/case workers as certifiers and to eliminate the
requirement that the STAP application must be signed by a certifier so that
letters signed by a certifier can be accepted.
David W. Myers, Executive Director, has determined that for each year of
the first five years the amendment to this section is in effect there will
be no fiscal implications for state or local government as a result of enforcing
or administering the amendment.
Mr. Myers has also determined that for each year of the first five years
the amendment is in effect the public benefit anticipated as a result of this
amendment will help make it easier for persons with disabilities certify their
application. There will be no effect on small businesses. There is no anticipated
economic hardship to persons required to comply with the amendment as proposed.
Comments on this proposed amendment may be submitted to Margaret Susman,
Texas Commission for the Deaf and Hard of Hearing, P.O. Box 12904, Austin,
Texas 78711-2904.
The amendment is proposed under the Human Resources Code, §81.006(b)
(3), which provides the Texas Commission for the Deaf and Hard of Hearing
with the authority to adopt rules for administration and programs.
No other statute, code or article is affected by this proposed amendment.
§182.21.Entities Authorized To Certify Disability.
(a)
An applicant must be certified as a person
with a disability which interferes with the person's ability to access the
telephone network by one of the following:
(1)
licensed hearing aid specialist;
(2)
licensed audiologist;
(3)
licensed physician or nurse;
(4)
appropriate state or federal agency representative;
(5)
state certified teacher of individuals who are deaf
or hard of hearing;
(6)
licensed speech pathologist;
(7)
state certified teacher of individuals who are visually
impaired;
(8)
state certified teacher of individuals who are speech
impaired;
(9)
state certified special education teacher;
(10)
director of appropriate agency contracted service
provider representative (council); [
(11)
director of appropriate independent living center
representative
; or
[
(12)
social worker or case worker.
(b)
By
certifying an application
[
(1)
being eligible to certify under the provisions of the law;
(2)
having assessed the applicant's disability to determine
that the applicant is eligible;
(3)
having reviewed the information on the application
to ensure that the form is completed properly and all requested information
has been provided; and
(4)
having determined that the applicant will be able
to benefit from the specialized telecommunications devices or services requested
on the application.
(c)
An application must be
certified
[
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State, on May 22, 2000.
TRD-200003521
David Myers
Executive Director
Texas Commission for the Deaf and Hard of Hearing
Earliest possible date of adoption: July 2, 2000
For further information, please call: (512) 407-3250
Subchapter B. BOARD CERTIFICATION EVALUATION
40 TAC §183.117
The Texas Commission for the Deaf and Hard of Hearing is
proposing an amendment to §183.117, concerning Passing Scores. The purpose
of this amendment is to change the passing score requirements for the oral
interpreter certification written examinations.
David W. Myers, Executive Director, has determined that for each year of
the first five years the section is in effect there will be no fiscal implications
for state or local government as a result of enforcing or administering the
section.
Mr. Myers has also determined that for each year of the first five years
the section is in effect the public benefit anticipated as a result of this
amendment will be that the passing score requirements for all written examinations
for interpreter candidates will be standardized. There will be no effect on
small businesses. There is no anticipated economic hardship to persons required
to comply with the section as proposed.
Comments on this proposed amendment may be submitted to Angela Bryant,
Texas Commission for the Deaf and Hard of Hearing, P.O. Box 12904, Austin,
Texas, 78711-2904.
This amendment is proposed under the Human Resources Code, §81.006(b)(3),
which provides the Texas Commission for the Deaf and Hard of Hearing with
the authority to adopt rules for administration and programs.
No other statute, code or article is affected by this proposed amendment.
§183.117.Passing Scores.
The following tables show passing scores for the commission examinations.
Figure: 40 TAC §183.117
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State, on May 16, 2000.
TRD-200003409
David Myers
Executive Director
Texas Commission for the Deaf and Hard of Hearing
Earliest possible date of adoption: July 2, 2000
For further information, please call: (512) 407-3250
Chapter 800.
GENERAL ADMINISTRATION
The Texas Workforce Commission (Commission) proposes new §800.6
and the repeal of §§800.71 - 800.75, relating to Charges for Copies
of Public Records.
The purposes of the proposed repeal and new rules are to: (1) set forth
the provisions relating to requesting public records; (2) review the provisions
consistent with the rule review plan to assess whether the need for the provisions
still exists; (3) add a designated email address as follows: open.records@twc.state.tx.us;
(4) add a preferred physical address for requests for copies of public records
as follows: Officer for Public Information, Texas Workforce Commission, 101
East 15th Street, Room 264, Austin, Texas 78778-0001; and (5) move the provisions
relating to charges for copies of public records (40 TAC §§800.71
- 800.75) out of Subchapter C, which is to be the location for the rules relating
to Reallocations. By setting forth the e-mail and preferred physical addresses,
the Commission enhances the public's options for submitting requests, and
expedites responses to requests by ensuring that requests sent by mail are
delivered directly to the Officer for Public Information.
The General Services Commission rules currently adopted by reference may
be viewed at the attached link: http://info.sos.state.tx.us/pub/plsql/readtac$ext.ViewTAC?tac_view=5&ti=1&pt=5&ch=111&sch=C&rl=Y.
Randy Townsend, Chief Financial Officer, has determined that for the first
five years the rules are in effect, the following statements will apply:
there are no additional estimated costs to the state and to local governments
expected as a result of enforcing or administering the rules;
there are no estimated reductions in costs to the state or to local governments
expected as a result of enforcing or administering the rules;
there are no estimated losses or increases in revenue to the state or to
local governments as a result of enforcing or administering the rules;
there are no foreseeable implications relating to costs or revenues to
the state or to local governments as a result of enforcing or administering
the rules; and
there are no anticipated costs to persons who are required to comply with
the rules as proposed.
Mr. Townsend has also determined that there is no anticipated adverse impact
on small businesses as a result of enforcing or administering these rules
because small businesses (including micro-businesses) are only required to
pay for the copies and resources used to respond to their requests. The costs
would be equal to the charges based on the schedule of charges as authorized
by Texas Government Code, Chapter 552.262 and set by the General Services
Commission. The costs for small businesses would be the same as the costs
for large businesses. Any other charges, such as postage, would be de minimus.
James Nolan, Officer for Public Information, has determined that for each
year of the first five years that the rules will be in effect, the public
benefit anticipated as a result of the adoption of the proposed rules will
be to improve customer service and to make additional methods available to
the public for requesting copies of public records.
Mark Hughes, Director of Labor Market Information, has determined that
there is no foreseeable negative impact upon employment conditions in this
state as a result of these proposed rules.
applicants and service recipients
] of the method by which they can direct
complaints to the agency, the Commission shall include its name, mailing address,
and toll-free telephone number on
the agency's Internet site,
all
service applications and associated publications.
Chapter 163.
VOCATIONAL REHABILITATION PROGRAM
Chapter 164.
INDEPENDENT LIVING PROGRAM
Chapter 169.
BLIND AND VISUALLY IMPAIRED CHILDREN'S PROGRAM
Part 6.
TEXAS COMMISSION FOR THE DEAF AND HARD OF HEARING
or
]
.
]
signing the
application
], a certifier is attesting to:
signed
by a certifier
] before the commission can process and approve the application.
Chapter 183.
BOARD FOR EVALUATION OF INTERPRETERS AND INTERPRETER CERTIFICATION
Part 20.
TEXAS WORKFORCE COMMISSION