Part 1.
TEXAS BOARD OF ARCHITECTURAL EXAMINERS
Chapter 1.
ARCHITECTS
Subchapter F. ARCHITECT'S SEAL
22 TAC §§1.101 - 1.104
(Editor's note: The text of the following sections proposed for
repeal will not be published. The sections may be examined in the offices
of the Texas Board of Architectural Examiners or in the Texas Register office,
Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The Texas Board of Architectural Examiners proposes
the repeal of §§1.101 - 1.104 concerning the architect's seal. These
sections set forth the requirements and restrictions for using the seal and
the design of the seal itself. The sections are being repealed so that new
versions may be proposed.
Cathy L. Hendricks, Executive Director, Texas Board of Architectural Examiners,
has determined that for the first five years the repeal of the sections as
proposed is in effect, there will be no fiscal implications as a result of
enforcing or administering the sections because new versions of these sections
will be proposed.
Ms. Hendricks has also determined that for each year of the first five
years the sections are repealed, as proposed, the public benefits anticipated
as a result of enforcing the sections as proposed will not change because
new versions of these sections will be proposed.
The agency anticipates that there will be no effect on small business.
The economic cost to persons who are affected by the repeal of the sections
as proposed will not change because new version of these section will be proposed.
Comments may be submitted to Cathy L. Hendricks, ASID/IIDA, Executive Director,
Texas Board of Architectural Examiners, P.O. Box 12337, Austin, TX 78711-2337.
The repeal of these sections is proposed pursuant to §3
and §5(c) of Article 249a, Vernon's Texas Civil Statutes, which provide
the Texas Board of Architectural Examiners with authority to promulgate rules
and take action to enforce them.
The proposed repeal of these sections will not affect any other statutes.
§1.101. Seal Required.
§1.102. Type and Design
§1.103. Required Use.
§1.104 Statement of Certification.
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 March 13, 2000.
TRD-200001875
Cathy L. Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Proposed date of adoption: May 18, 2000
For further information, please call: (512) 305-8535
Subchapter F. LANDSCAPE ARCHITECT SEAL
22 TAC §§3.101 - 3.106
(Editor's note: The text of the following sections proposed for
repeal will not be published. The sections may be examined in the offices
of the Texas Board of Architectural Examiners or in the Texas Register office,
Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The Texas Board of Architectural Examiners proposes
the repeal of §§3.101 - 3.106 concerning the landscape architect's
seal.
These sections set forth the requirements and restrictions for using the
seal and the design of the seal itself. The sections are being repealed so
that new versions may be proposed.
Cathy L. Hendricks, Executive Director, Texas Board of Architectural Examiners,
has determined that for the first five years the repeal of the sections as
proposed is in effect, there will be no fiscal implications as a result of
enforcing or administering the sections because new versions of these sections
will be proposed.
Ms. Hendricks has also determined that for each year of the first five
years the sections are repealed, as proposed, the public benefits anticipated
as a result of enforcing the sections as proposed will not change because
new versions of these sections will be proposed.
The agency anticipates that there will be no effect on small business.
The economic cost to persons who are affected by the repeal of the sections
as proposed will not change because new version of these section will be proposed.
Comments may be submitted to Cathy L. Hendricks, ASID/IIDA, Executive Director,
Texas Board of Architectural Examiners, P.O. Box 12337, Austin, TX 78711-2337.
The repeal of these sections is proposed pursuant to §4
and §8(c) of Article 249c, Vernon's Texas Civil Statutes, which provide
the Texas Board of Architectural Examiners with authority to promulgate rules
and take action to enforce them.
The proposed repeal of these sections will not affect any other statutes.
§3.101.Seal Required.
§3.102 Type and Design
§3.103. Authorized Use.
§3.104. Required Use.
§3.105. Prohibited Use.
§3.106. Statement of Certification.
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 March 13, 2000.
TRD-200001876
Cathy Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Proposed date of adoption: May 18, 2000
For further information, please call: (512) 305-8535
Subchapter B. REGISTRATION
22 TAC §5.31
(Editor's note: The text of the following sections proposed for
repeal will not be published. The sections may be examined in the offices
of the Texas State Board of Architectural Examiners or in the Texas Register
office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The Texas Board of Architectural Examiners proposes
the repeal of §5.31 concerning the eligibility requirements for interior
designer registration.
This section sets forth the requirements for registering without taking
the examination and for registering by taking the examination, and sets forth
how education and experience credits will be evaluated. The section is being
repealed so that a new version may be proposed.
Cathy L. Hendricks, Executive Director, Texas Board of Architectural Examiners,
has determined that for the first five years the repeal of the section as
proposed is in effect, there will be no fiscal implications as a result of
enforcing or administering the section because a new version of this section
will be proposed.
Ms. Hendricks has also determined that for each year of the first five
years the section is repealed, the public benefits anticipated as a result
of enforcing the section will not change because a new version of this section
will be proposed.
The agency anticipates that there will be no effect on small business.
The economic cost to persons who are affected by the repeal of the section
will not change because a new version of this section will be proposed.
Comments may be submitted to Cathy L. Hendricks, ASID/IIDA, Executive Director,
Texas Board of Architectural Examiners, P.O. Box 12337, Austin, TX 78711-2337.
The repeal of this section is proposed pursuant to §5 and §17
of Article 249e, Vernon's Texas Civil Statutes, which provide the Texas Board
of Architectural Examiners with authority to promulgate rules and take action
to enforce them.
The proposed repeal of this section will not affect any other statutes.
§5.31. Eligibility.
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 March 13, 2000.
TRD-200001877
Cathy Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Proposed date of adoption: May 18, 2000
For further information, please call: (512) 305-8535
22 TAC §§5.111 - 5.114
(Editor's note: The text of the following sections proposed for
repeal will not be published. The sections may be examined in the offices
of the Texas Board of Architectural Examiners or in the Texas Register office,
Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The Texas Board of Architectural Examiners proposes
the repeal of §§5.111 - 5.114 concerning the interior designer's
seal.
These sections set forth the requirements and restrictions for using the
seal and the design of the seal itself. The sections are being repealed so
that new versions may be proposed.
Cathy L. Hendricks, Executive Director, Texas Board of Architectural Examiners,
has determined that for the first five years the repeal of the sections as
proposed is in effect, there will be no fiscal implications as a result of
enforcing or administering the sections because new versions of these sections
will be proposed.
Ms. Hendricks has also determined that for each year of the first five
years the sections are repealed, as proposed, the public benefits anticipated
as a result of enforcing the sections as proposed will not change because
new versions of these sections will be proposed.
The agency anticipates that there will be no effect on small business.
The economic cost to persons who are affected by the repeal of the sections
as proposed will not change because new version of these section will be proposed.
Comments may be submitted to Cathy L. Hendricks, ASID/IIDA, Executive Director,
Texas Board of Architectural Examiners, P.O. Box 12337, Austin, TX 78711-2337.
The repeal of these sections is proposed pursuant to §5
and §17 of Article 249e, Vernon's Texas Civil Statutes, which provide
the Texas Board of Architectural Examiners with authority to promulgate rules
and take action to enforce them.
The proposed repeal of these sections will not affect any other statutes.
§5.111. Seal Required .
§5.112. Type and Design.
§5.113. Required Use.
§5.114. Statement of Certification.
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 March 13, 2000.
TRD-200001878
Cathy Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Proposed date of adoption: May 18, 2000
For further information, please call: (512) 305-8535
Chapter 391.
POLYGRAPH EXAMINER INTERNSHIP
22 TAC §§391.2 - 391.5, 391.8 - 391.10
The Polygraph Examiners Board proposes amendments to §§391.2,
391.3, 391.4, 391.5, 391.8, 391.9 and new §391.10, concerning the Polygraph
Examiner Internship. The board has determined that the rule on approved schools
is outdated and refers the public to the Board office for current information.
A definition to clarify the commencement of the intern licensing period was
added.
Frank DiTucci, Executive Officer, Polygraph Examiners Board, has determined
that the amendments and new section will not result in any fiscal implications
to the state or to units of local government for the first five year period.
Mr. DiTucci also has determined that for each year of the first five years
the rules are in effect the public benefit anticipated as a result of enforcing
the rules will be clarification of the internship licensing process. There
will be no effect on small businesses. There are no anticipated economic costs
to persons who are required to comply with the rules as proposed.
Comments on the amendments and new rule will be taken until April 24, 2000
and may be submitted to: Frank DiTucci, Executive Officer, Polygraph Examiners
Board, P.O. Box 4087, Austin, Texas 78773-0001.
The amendments and new section are proposed under the Polygraph
Examiners Act, Article 4413 (29cc), §6, which provides the board with
the authority to prescribe, adopt, and enforce rules relating to the administration
and enforcement of the provisions of the Polygraph Examiners Act, Article
4413 (29cc).
The amendments and new section implement the Polygraph Examiners Act, Article
4413 (29cc).
§391.2. Procedure and Qualifications.
The procedure and qualifications for obtaining an internship permit
shall be as follows.
(1)
Qualifications. A person is qualified to receive an internship
permit:
(A) - (C)
(No change.)
(D)
For current and former Governmental
Polygraph Examiners see §391.10 of this title (relating to Procedures
and Qualifications of Current and Former Governmental Polygraph Examiners).
(2)
(No change.)
§391.3. Internship Training Schedule.
The following internship schedule has been approved and adopted by
the board as a minimum type and number of hours of any internship training
program to be utilized in course of supervised instruction [
(1) - (2)
(No change.)
(3)
Physiology --
24
[
(A) - (D)
(No change.)
(4)
Psychology --
24
[
(A) - (C)
(No change.)
(5)
Interrogation and interviews -- 100 hours.
(A) - (B)
(No change.)
(C)
Post-test
interview
[
(6)
Chart interpretation --
120
[
(A) - (B)
(No change.)
(C)
Test results: No Deception
Indicated, Deception Indicated, Inconclusive or No Opinion.
(7)
Question formulation and test construction --
120
[
(A) - (C)
(No change.)
(8)
(No change.)
(9)
Summary and general review
- 10 hours
.
(10)
Supervised testing and interviewing -- minimum of
30
[
(11)
Counseling and critique
as required in opinion
of sponsor
.
[
Suggested reference
material from which the necessary information may be obtained is as follows.
Other material is available from which such information may be obtained as
the following list is not intended to be an exclusive list of references.]
[
Abnormal Psychology and Modern Life, 6th edition,
Coleman.]
[
Anatomy and Physiology, Volumes 1 and 2, Steen
and Montagu, A Barnes and Noble Outline.]
[
Cates Primary Anatomy, 7th edition, J.V. Basmajian.]
[
Criminal Interrogation and Confessions, 2nd
edition, Inbau and Reid.]
[
Dorland Pocket Medical Dictionary, current
edition, W.B. Saunders.]
[
Fundamentals of Physiology, Elbert Tokay,
Barnes and Noble Everyday Handbook.]
[
In Defense of the I/R Polygraph Test, Raymond
Weir, Journal APA.]
[
Some Principles of Question Selection and
Sequencing of R/I Testing, Raymond Weir, Journal APA.]
[
State of Texas Polygraph Examiners Act.]
[
Stoelting, Keeler, or any other polygraph
operational manuals.]
[
Textbook of Physiology, 17th edition, Schottelius
and Schottelius.]
[
The Polygraph in Court, BHF Printing, P.O.
Box 83, Auburndale, Massachusetts 02166.]
[
The Polygraph Profession, APA 1980, Ansley
and Abrams.]
[
The Psychological Basis of the Polygraph Technique,
Dr. Stanley Abrams.]
[
Truth and Deception, 2nd edition, Reid and
Inbau.]
[
Truth and Science, APA, Ansley and Horvath
(a bibliography).]
(12)
[
(13)
[
(14)
[
(15)
[
(16)
[
(A)
who is a graduate of a polygraph examiners course approved
by the board and has completed not less than six months of internship training;
or
(B)
who is not a graduate of an approved polygraph examiners
course and has completed not less than 12 months of internship training; and
(C)
the Executive Officer may approve an intern applicant
who meets the qualifications set forth in §391.2 of this title (relating
to Procedure and Qualifications).
(17)
[
(A)
on the date of the first class day, of a Board approved
polygraph basic school and continue as long as the intern maintains a passing
grade in that class provided the intern has, prior to the commencement of
the school, completed all of the requirements for the intern license;
(B)
if the school has begun and the applicant has not completed
all of the requirements for licensure, the internship shall begin on the date
the applicant is approved for the intern license; or
(C)
if the applicant is not a graduate of an approved polygraph
examiners course but intends to complete not less than 12 months of internship
training; the internship shall begin on the date the applicant is approved
for the intern license
by the board
.
§391.4. State Examinations for Polygraph Examiner License.
State examinations for polygraph examiner license shall conform with
the following.
(1) - (2)
(No change.)
(3)
Examinations shall be held at
quarterly board
meetings
[
(4)
Examinations shall consist of and include questions
relating to those topics set forth in the internship training schedule
and a presentation of actual polygraph examinations conducted by the applicant
during their internship training for board evaluation
.
(5)
[
(6)
Failure to pass
any
[
(7)
Persons failing [
(8)
When an intern fails the original licensing examination,
or any
phase
[
§391.5. Intern Supervision.
The intern sponsor, or a licensed examiner meeting the requirements
to be a sponsor, is required to
review all examinations conducted by
an intern examiner under his/her supervision on a weekly basis
[
§391.8. Applicant With Out-of-State License.
The board will require a holder of an out-of-state polygraph examiners
license to have held
that
[
§391.9. Intern Licensure Requirements for Preceptor Trainees.
(a)
An intern polygraph examiner who is not a graduate of
an approved polygraph examiners school may qualify to receive his or her intern
polygraph examiner's license when the intern has satisfied the board that
he or she is competent to administer polygraph examinations before the issuance
of a polygraph intern license, in accordance with the provisions set forth
in the Polygraph Examiners Act and the board's rules and regulations. In order
to satisfy the board of the intern's competency to administer polygraph examinations,
the intern shall:
(1)
complete a total of
344
[
(A)
history and development
of polygraph
4 hours;
(B)
legal and ethical aspects of polygraph -
20
[
(C) - (D)
(No change.)
(E)
interrogation and interviews -
75
[
(F)
chart interpretation -
75
[
(G)
question formulation and test construction -
100
[
(H)
(No change.)
(2)
(No change.)
(b)
(No change.)
§391.10. Procedures and Qualifications of Current and Former Governmental Polygraph Examiners.
(a)
All provisions of the Polygraph Examiners Act and Chapters
391, 393, 395 and 397 of that Act apply to applicants that are current or
former governmental polygraph examiners except as follows:
(1)
In lieu of a six month or twelve month internship program
as defined in §8(a)(3) of the Act, an applicant who is serving, or within
two years prior to the date the applicant's application was received in the
board's office has served, as a polygraph examiner in a governmental agency,
may qualify to sit for a licensing examination by providing to the board appropriate
documentation showing that the applicant satisfies each of the following conditions:
(A)
That the applicant graduated from a polygraph course that
is approved by the board; and
(B)
That the applicant is, or was, authorized by their governmental
agency to conduct polygraph examinations for that agency for a period of at
least six months or longer; and
(C)
That the applicant participated in a quality control program
administered by his/her governmental agency which quality control program
reviewed 100% of the applicant's polygraph examinations; and
(D)
That the applicant was not the subject of any action on
the part of their governmental agency that removed the applicant's polygraph
authorization during the course of the applicant's employment; and
(E)
That the board obtains in writing from the applicant's
polygraph program manager that the applicant qualifies under subparagraphs
(A)-(D) of this paragraph.
(2)
All other provisions for a current or former
governmental polygraph examiner applying for a Texas Polygraph Examiners License
shall remain the same as currently stated in the Polygraph Examiners Act and
only the definition of the "internship" is hereby modified.
(b)
The provisions of §391.10 are intended to cover the
issuance of a Texas Polygraph Examiner's License to a current and/or former
governmental polygraph examiner, regardless of their residency, for polygraph
testing in the State of Texas only.
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 March 13, 2000.
TRD-200001880
Frank DiTucci
Executive Officer
Polygraph Examiners Board
Earliest possible date of adoption: April 23, 2000
For further information, please call: (512) 424-2058
22 TAC §401.1
The Polygraph Examiners Board proposes an amendment to §401.1,
concerning the Grievance Review of Disciplinary Action of Employees. The board
has determined that the rule is outdated.
Frank DiTucci, Executive Officer, Polygraph Examiners Board, has determined
that the amendment will not result on any fiscal implications to the state
or to units of local government for the first five year period.
Mr. DiTucci also has determined that for each year of the first five years
the rule is in effect the public benefit anticipated as a result of enforcing
the rule will be clarification of the internship licensing process. There
will be no effect on small businesses. There are no anticipated economic costs
to persons who are required to comply with the rule as proposed.
Comments on the amendment will be taken until April 24, 2000 and may be
submitted to: Frank DiTucci, Executive Officer, Polygraph Examiners Board,
P.O. Box 4087, Austin, Texas 78773-0001.
The amendment is proposed under the Polygraph Examiners Act,
Article 4413 (29cc), §6, which provides the board with the authority
to prescribe, adopt, and enforce rules relating to the administration and
enforcement of the provisions of the Polygraph Examiners Act, Article 4413
(29cc).
The amendment implements the Polygraph Examiners Act, Article 4413 (29cc).
§401.1. Grievance Policy.
(a) - (c)
(No change.)
(d)
Grievance Board Hearing Committee Procedures. Employees
who qualify for a hearing before the grievance board hearing committee, and
desire to exercise this right must submit a written request to the
Chairman
of the Board
[
(1)
The request for a hearing must be received by the
Chairman of the Board
[
[
When a request has been
received from the employee within the specified time limit, the executive
officer will confer with the chairman.]
(2)
[
(3)
All documents that either
party intends to present at the hearing will be furnished to the opposing
party no later than 10 days prior to the hearing. Any document not timely
produced to the opposing party will not be considered by the committee.
(4) - (6)
(No change.)
(7)
Upon completion of the hearing, the hearing officer
will furnish the findings to the
Chairman of the Board within 10 days
from the conclusion of the hearing. The Chairman of the board will report
the findings to the employee within 10 days of the Chairman of the Board's
receipt of the findings
[
(8)
(No change.)
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 March 13, 2000.
TRD-200001881
Frank DiTucci
Executive Officer
Polygraph Examiners Board
Earliest possible date of adoption: April 23, 2000
For further information, please call: (512) 424-2058
Chapter 571.
LICENSING
Subchapter A. EXAMINATIONS
22 TAC §571.3
The Texas Board of Veterinary Medical Examiners proposes
an amendment to §571.3, concerning Eligibility for Examination and Licensure.
The amendment incorporates changes in the Board's rules to implement the
new North American Veterinary Licensing Examination (NAVLE). The amendments
establish licensing qualifications and examination eligibility for both the
NAVLE and the State Board Licensing Examination.
Mr. Ron Allen, Executive Director, has determined that for the first five-year
period the section is in effect there will be no fiscal implications related
to the rule change for state or local government as a result of enforcing
or administering the section.
Mr. Allen also has determined that for the first five-years the section
is in effect that the public benefit anticipated as a result of enforcing
the section will be increase public awareness of the procedures necessary
to obtain a license to practice veterinary medicine in Texas. There will be
no effect on small businesses. There are no anticipated economic costs to
person required to comply with the section as proposed except for a fee required
to take the NAVLE.
Comments on the proposal may be submitted in writing to Judy Huppert, Texas
Board of Veterinary Medical Examiners, 333 Guadalupe, Suite 2-330, Austin,
Texas 78701-3998, phone: (512) 305-7555, and must be received by May 1, 2000.
The amendment is proposed under the authority of the Veterinary
Licensing Act, Texas Occupations Code, §801.151 which states that the
Board may adopt rule as necessary to administer this Chapter.
The amendment affects the Occupations Code, §§801.251 - 801.255
which state the licensing requirements.
§571.3. Eligibility for Examination and Licensure.
(a)
Definitions. The following
words and terms, when used in this chapter, have the following meaning:
(1)
Board - the Texas Board of Veterinary Medical
Examiners.
(2)
Locally derived scaled score - the equivalent
of the criterion referenced passing point for the national examination or
the NAVLE.
(3)
National Board Examination Committee for
Veterinary Medicine (NBEC) - the organization responsible for producing, administering
and scoring the NAVLE.
(4)
National examination - the examination
in existence and effective prior to the inauguration date of the NAVLE and
which consists of the national board examination (NBE) and the clinical competency
test (CCT).
(5)
North American Veterinary Licensing Examination
(NAVLE) - the examination which replaces the national examination in the year
2000.
(6)
Passing score - an examination score
of at least 75% which for the national examination and NAVLE is based on a
locally derived scaled score.
(7)
Testing window - a period of consecutive
days of the year specified by NBEC when qualified candidates can sit for the
NAVLE.
(8)
Texas State Board Licensing Examination
(SBE) - the state examination developed and administered by the Board.
(b)
[
(1)
is at least 18 years of age;
(2)
has
obtained
at least
a [
(A)
the NAVLE if an applicant
sits for that examination subsequent to its inauguration date; or
[
the NBE and the CCT examinations,
and]
the national examination if
an applicant sat for that examination prior to the inauguration date of the
NAVLE; and
(C)
[
(3)
is a graduate of a school or college of veterinary
medicine that is approved by the Board and accredited by the American Veterinary
Medical Association (AVMA). Applicants who are [
(c)
[
(1)
The applicant for a regular veterinary license and examination(s)
shall make application on the form furnished by the Board.
(2)
The completed application for regular veterinary
license and examination(s), including payment of
appropriate
[
(A)
45 days prior to the
SBE
[
(B)
70 days prior to the beginning
date of the appropriate NAVLE testing window.
(d)
[
(1)
Eligibility.
(A)
An applicant may sit for the NAVLE or the SBE
provided that the requirements of subsection (c) have been met and the applicant
is a graduate of:
(i)
an approved and accredited veterinary medical
school or college, as defined in subsection (b)(3); or
(ii)
a veterinary medical school or college not
approved and accredited, as defined in subsection (b)(3), but who has obtained
an ECFVG Certificate issued by the AVMA;
(B)
A person must first take and pass the national
examination or the NAVLE in order to sit for the SBE.
(2)
[
(A)
To sit for the
SBE
[
[
To sit for the National Board
Examination (NBE) or the Clinical Competency Test (CCT), an applicant must
be enrolled in an approved and accredited veterinary medical school or college
as defined in subsection (a) and must obtain a document from the Dean of the
school or college from which he/she expects to graduate certifying that the
applicant expects to graduate certifying that the applicant is a graduating
senior in good academic standing and is expected to graduate.]
(B)
[
(C)
To sit for the NAVLE, a candidate
must, at the time an application is submitted, demonstrate that the candidate
is within six months of the expected graduation date falling within the appropriate
testing window and comply with all of the NBEC's testing requirements for
the NAVLE.
[
Results of NBE
and CCT Examination. An applicant must obtain a minimum passing score of 75%
on the NBE and CCT to be eligible to qualify for licensure in Texas. The Board
will accept certified scores issued by the Interstate Reporting Division of
the Professional Examination Service, or its successor, for the NBE and CCT
examinations conducted concurrently with the Texas State Board Licensing Examination.
Results of the Texas State Board Licensing Examination will not be released
to applicants who fail to pass concurrently administered NBE or CCT examinations.
The Board will accept certified scores issued by the Interstate Reporting
Division of the Professional Examination Service for the NBE and CCT examinations
conducted in another jurisdiction provided the examinations were conducted
within five years prior to the date the applicant sits for the Texas State
Board Licensing Examination.]
(3)
Results of Examinations.
The Board will accept certified scores issued by the:
(A)
Interstate Reporting Service of the Professional
Examination Service, or its successor, for the national examination; and
(B)
the official reporting service for the NAVLE;
provided that the examinations were conducted within five years prior to the
date the applicant sits for the SBE.
(4)
[
(A)
All requests from other state licensing boards for an
applicant's raw scores on the
national examination
[
(B)
All requests from other state licensing boards for an
applicant's
locally derived scale
[
(C)
Upon written request of an applicant, the Board will certify
the score of the
SBE
[
(5)
[
(6)
[
[
Reapplication: An applicant
for examination who:]
[
does not appear for examination within one
year of the date of his/her application; or]
[
does not attend either of the two regularly
scheduled examinations following the date of his/her application, shall be
required to reapply. Reapplication requirements include submission of an application
form and payment of the current examination fee prior to admission for examination.
An applicant who has previously failed an examination or has been refused
a license is required to submit an application form and payment of the current
examination fee prior to admission for examination.]
(7)
Appearance for Examinations
(A)
An applicant for the SBE must submit a new application
and the current fees prior to admission for examination if the applicant:
(i)
does not appear for the scheduled examination;
or
(ii) fails to attain a passing score on the scheduled examination.
(B)
A candidate for the NAVLE must take the examination
within the test window in which the candidate is authorized for testing.
(i)
A candidate who fails to take the examination
within the appropriate test window shall forfeit the candidate's fees.
(ii)
A candidate who desires to take the examination
during a subsequent test window must have the candidate's eligibility reconfirmed
by the Board and the candidate must pay new fees.
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 March 10, 2000.
TRD-200001823
Ron Allen
Executive Director
Texas Board of Veterinary Medical Examiners
Proposed date of adoption: June 8, 2000
For further information, please call: (512) 305-7555
Chapter 599.
TREATMENT STANDARDS
Chapter 3.
LANDSCAPE ARCHITECTS
Chapter 5.
INTERIOR DESIGNERS
Subchapter F. INTERIOR DESIGNER'S SEAL
Part 19.
POLYGRAPH EXAMINERS BOARD
of not less
than 32 hours per week
]:
50
] hours.
50
]
hours.
interrogation
].
110
] hours.
140
] hours.
50
] tests.
(12)
(A)
(B)
(C)
(D)
(E)
(F)
(G)
(H)
(I)
(J)
(K)
(L)
(M)
(N)
(O)
(P)
(13)
] A list of approved
polygraph schools shall be maintained in the Board office and will be made
available upon request.
Those board approved polygraph schools the board
normally provides a list of current reference material and that information
will be made available to sponsor and interns upon request.
(14)
] The board may request
and require inspection and review of the internship program of any licensed
examiner or internee at any time to ascertain compliance with the program
approved by the board.
(15)
] Each sponsoring polygraph
examiner shall submit to the board progress reports every 60 days
from
the date of board approval of the internship
on each intern on forms
furnished by the board. To serve as a sponsor for an intern polygraph examiner,
a Texas licensed polygraph examiner must have held an original Texas polygraph
license continuously for at least two years immediately preceding the application
and completed a minimum of 40 hours of continuing education in the two years
immediately proceeding the sponsorship. Documentation of this continuing education
must be on file with the board office prior to approval of the examiner as
a sponsor
.
(16)
] No licensed examiner
shall have more than two interns under his sponsorship at any one time.
(17) An intern is qualified to
participate in the licensing examination
]
The Secretary of the
board may approve an intern applicant who meets the qualifications set forth
in §391.2 of this title (relating to Procedure and Qualifications) and
:
(18)
] The intern licensing
period shall begin:
intervals of three months
], the dates, locations,
and times being designated by the board.
If a majority of the board members give an
intern passing grades on the original licensing examination, he shall pass.
If there is not a majority giving passing grades, the
]
The
grades given by all grading members
on the licensing examinations
will be totaled and averaged and a grade of 70% must be obtained in order
to pass.
one
] portion
of the examination shall require such person to retake that portion failed
[
, but not that portion passed
]. No
polygraph examiner's
license shall be issued until the intern has passed all [
portions and
] phases of the examination.
such examination or
]
any
phase(s)
[
portion
] thereof may retake
the phase(s)
[
such examination or portions thereof
] at the next scheduled
examination date, provided that such person is qualified to retake
the
phase(s)
[
such examination or any portion thereof
] under
the law or as set forth herein under the rules and regulations pertaining
to interns. Provided further that if any person taking and failing
any
phase of
such examination [
or any portion thereof
] for the
third time, such person shall not be eligible to take another examination
[
or any portion thereof
] until the expiration of 12 months from
the date of the last examination, providing such person is otherwise qualified
to take such examination by law and under the applicable regulations.
portion
] thereof, the intern shall not
be permitted to engage in any [
phase of the
] actual
polygraph
[
polygraphic
] testing until such time as the intern and
the sponsor have reviewed the failing examination with a member of the board
or a member of the board's staff at the discretion of the board chairman.
The time, date, and place of the review will be designated by the board or
its staff. The sponsor shall furnish the
Chairperson or their designated
representative
[
board
] with a written affidavit stating what
corrective action will be taken
or an oral discussion of those corrective
actions acceptable to the Chairperson
.
be present to supervise while an intern is conducting polygraph examinations
]. The sponsor or other licensed examiner shall carefully review each
test the intern conducts
for compliance with the Polygraph Examiners
Act, accurate chart interpretation and the principles of quality test administration.
The sponsor need NOT be present at the time of the examination. The sponsor
is not required to review the charts before an opinion is rendered, but the
Intern is required to inform the Examinee that the Intern's opinion of the
polygraph examination is preliminary until that examination is reviewed by
his sponsor
[
before the intern renders an opinion, either oral
or written
].
their
] license for a minimum
period of two years before they will be considered for licensing under the
Polygraph Examiner's Act, §12.
256
] hours
of supervised instruction and study until a minimum of 60 days of supervised
study time has elapsed, which shall include:
12
] hours;
50
] hours;
50
] hours;
70
] hours;
Chapter 401.
GRIEVANCE REVIEW OF DISCIPLINARY ACTION
executive officer
]. This written request must
contain the points of contention of the employee, a statement that an attorney
will or will not represent the employee, and the names of any agency members
or other persons the employee desires to have present for the purpose of presenting
evidence or giving testimony.
executive officer
] within 10 days
from the date
that the employee receives
[
of the
] formal
written notice of disciplinary action. A claim that the written notice of
disciplinary action was not received by the employee will not be a defense.
When properly appealed, disciplinary action will be stayed pending the grievance
board hearing.
(2)
(3)
] Once all preliminary
matters have been resolved, proper written notice containing the date, location,
and other pertinent information will be furnished to the employee. Included
in this notice will be the chairman's selection for the members to serve on
the grievance board hearing committee.
executive officer
].
Part 24.
TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS
a
] Qualifications of licensees.
To be eligible for licensure, an applicant must present satisfactory proof
to the Board that the applicant :
minimum
] passing score [
of 75%
] on:
(A)
(B)
(B)
] the
SBE
[
Texas State Board Licensing Examination
]; and
not
] graduates
of a school or college
of veterinary medicine not
accredited by
the AVMA are eligible provided the applicant presents satisfactory proof to
the Board that
the applicant
[
he/she
] is a graduate
of a school or college of veterinary medicine and possesses an Educational
Commission for Foreign Veterinary Graduates
(ECFVG)
Certificate
issued by the AVMA. The Board may refuse to issue a license to an applicant
who meets the qualification criteria but is otherwise disqualified as provided
in
the Texas Occupations Code, §801.401.
[
Section 14
of the Veterinary Licensing Act.
]
b
] Application for regular license
and examination.
examination
] fees, must be received at the Board Offices no later than
:
date of the
] examination for which the applicant desires to sit
; or
[
.
]
c
] Licensing examination.
1
] Eligibility Prior
to Graduation. An applicant who has not graduated from veterinary medical
school [
,
] may sit for examinations provided the following conditions
have been complied with:
Texas State Board
Licensing Examination
],
an
applicant
[
applicants
] must be enrolled in an approved and accredited veterinary medical
school or college as defined in subsection
(b)(3)
[
a
]
and must obtain a document from the Dean of the school or college from which
the applicant
[
he/she
] expects to graduate certifying that
the applicant is within 60 days of completion of a veterinary college program
and is expected to graduate.
(B)
(C)
] An applicant enrolled in a
joint or combined degree program who has completed
the applicant's
[
his/her
] veterinary medical education but has not received a diploma
or transcript certifying award of
the applicant's
[
his/her
] DVM degree, must obtain a letter from the Dean of the school or college
of veterinary medicine stating the applicant did in fact graduate before the
applicant is eligible to sit for
the SBE or the NAVLE.
[
examination(s).
]
(2)
(3)
] Score Information.
All requests for information on examination scores shall be processed as follows:
NBE
]
or
NAVLE
[
CCT
] will be referred to the
official
reporting service for those examinations
[
Interstate Reporting
Division of the Professional Examination Service
].
converted
] scores
on the
national examination
[
NBE
]
or
[
and
]
NAVLE
[
CCT
] will be based upon national data
submitted by the
official reporting service for those examinations
[
Professional Examination Service
].
Texas State Board Licensing Examination
] to another state licensing board. Upon written request of an applicant,
the Board will make
national examination
[
NBE
] or
NAVLE
[
CCT
] scores available for informational purposes only
to another state licensing board but will not certify the [
NBE or CCT
] scores.
(4)
] Release of Examination
Grades. The Board will provide examination grades only to an applicant or
another state licensing board upon the written request of an applicant.
(5)
] Request for Analysis
of Failed Examination. Any applicant who has failed the
SBE
[
Texas State Board Licensing Examination
] may submit a written request,
within 30 days of the release of the examination results, for an analysis
of
the applicant's
[
his/her
] examination. The Board
will not provide an analysis to an applicant who has not submitted to the
Board proof of graduation from an approved and accredited school or college
of veterinary medicine. An applicant who submits proof of graduation from
an approved and accredited school or college of veterinary medicine after
release of the examination results may request an analysis of
the applicant's
[
his/her
] examination within 30 days of the date the Board
receives proof of graduation. An analysis provided by the Board under this
provision will be in writing. The Board will not disclose any actual examination
documents or materials.
(6)
(A)
(B)
Part 25.
STRUCTURAL PEST CONTROL BOARD