TITLE 22.EXAMINING BOARDS

Part 2. TEXAS STATE BOARD OF BARBER EXAMINERS

Chapter 51. PRACTICE AND PROCEDURE

Subchapter A. THE BOARD

22 TAC §51.3

The Texas State Board of Barber Examiners adopts amendments to §51.3, concerning Administrative Fines without changes to the text published in the March 2, 2001, issue of the Texas Register (26 TexReg 1820).

The amendments occur in §51.3 Administrative Fines, (b) Fine Schedule under Penalties for Practice and Procedures Violations, Category VA not to exceed the following amounts 1st $100, 2nd $300, 3rd $500 Expired License changes the reference from TEX. OCC CODE ANN. §1601.402 to TEX. OCC CODE ANN. §1601.251 the change will reference to the correct statute; Practice and Procedures Category II not to exceed the following amounts 1st $500, 2nd $750, 3rd $1000 will be adding a new rule violation Right of Access reference §51.6; under Practice and Procedures Category VC not to exceed the following amounts 1st $50, 2nd $100, 3rd $150 will be adding a new rule violation Current Address reference §51.4.

There were no comments received on the proposed amendment to §51.3.

The amendment is proposed under former Texas Barber Law, Texas Civil Statutes, Article 8407a, Section 24A-M, (repealed) now recodified Texas Occupations Code Chapter 1601.155 (1999), which provides the board with the authority to impose administrative penalties to protect the public's health and safety. No other Article or Statute is effected by this amendment.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on April 17, 2001.

TRD-200102202

Will K. Brown

Executive Director

Texas State Board of Barber Examiners

Effective date: May 7, 2001

Proposal publication date: March 2, 2001

For further information, please call: (512) 305-8475


22 TAC §§51.4 - 51.6

The Texas State Board of Barber Examiners adopts new §51.4, concerning Current Mailing Address and Change of Mailing Address; §51.5, concerning Good Standing Required for License Renewal; §51.6 concerning Right of Access, without changes to the text published in the March 2, 2001, issue of the Texas Register (26 TexReg 1820).

The new §51.4 Current mailing Address and change of Mailing Address requires a current mailing address be on file and all Licensees must notify the board within 10 days of any mailing address change. The new §51.5 Good Standing Required for License Renewal states no licensee shall be able to renew a license if they are in default. The new §51.6 Right of Access authorizes a representative of the board to enter a business to conduct an inspection.

There were no comments received on the proposed new §§51.4 - 51.6.

The new rules are adopted under former Texas Barber Law, Texas Civil Statutes, Article 8401-8407a, Section §28(a), (repealed) now recodified by House Bill 3155 as Chapter 1601.155 OCCUPATIONS CODE (1999), which vest the board with the authority to make and enforce all rules and regulations necessary for the performance of its duties, to establish standards of conduct and ethics for all persons licensed or practicing under the provision of the Texas Barber Law, and to regulate the practice and teaching of barbering in keeping with the intent of the Texas Barber Law and to ensure strict compliance with the Texas Barber Law.

The following sections of the Texas Barber Law, Texas Civil Statutes, Article 8401-8407a, (repealed) now recodified by House Bill 3155 as Chapter 1601 of the TEXAS OCCUPATIONS CODE (1999) are effected by the proposed new §51.4 Current Mailing Address and Change of Mailing Address; §51.5 Good Standing Required for License Renewal; §51.6 Right of Access and are as follows: TEX. OCC. CODE 1601.001 and 1601.155.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on April 17, 2001.

TRD-200102201

Will K. Brown

Executive Director

Texas State Board of Barber Examiners

Effective date: May 7, 2001

Proposal publication date: March 2, 2001

For further information, please call: (512) 305-8475


Subchapter I. DEFINITIONS

22 TAC §51.141

The Texas State Board of Barber Examiners adopts new §51.141, concerning Definitions, without changes to the proposed text as published in the March 2, 2001, issue of the Texas Register (26 TexReg 1820).

The new §51.141, Definitions, clarifies words and terms, when used in the chapter, for the Line of Demarcation between "the hair" and "the beard', the hair Relating to Haircutting, the Sideburn, the Beard and Out of Scope. The board's adoption of the rules is in accordance with the board's Rule Review Plan adopted pursuant to Article IX, §167 of the Appropriation Act.

There were no comments received on the proposed new §51.141.

The new rule is adopted pursuant to Texas Barber Law, Texas Civil Statutes, Article 8407a, §28(a), (repealed) now recodified by House Bill 3155 as Chapter 1601.155 OCCUPATIONS CODE (1999), which vest the board with the authority to make and enforce all rules and regulations necessary for the performance of its duties, to establish standards of conduct and ethics for all persons licensed or practicing under the provision of the Texas Barber Law, and to regulate the practice and teaching of barbering in keeping with the intent of the Texas Barber Law and to ensure strict compliance with the Texas Barber Law.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on April 17, 2001.

TRD-200102200

Will K. Brown

Executive Director

Texas State Board of Barber Examiners

Effective date: May 7, 2001

Proposal publication date: March 2, 2001

For further information, please call: (512) 305-8475


Part 29. TEXAS BOARD OF PROFESSIONAL LAND SURVEYING

Chapter 661. GENERAL RULES OF PROCEDURES AND PRACTICES

Subchapter E. CONTESTED CASES

22 TAC §661.60, §661.97

The Texas Board of Professional Land Surveying adopts new §661.60, concerning Responsibility to the Board and §661.97, concerning Action in Another Jurisdiction. Section 661.60 is adopted with minor changes to the proposed text as published in the January 19, 2001, issue of the Texas Register (26 TexReg 756). Section 661.97 is adopted without changes to the proposed text as published in the January 19, 2001, issue of the Texas Register (26 TexReg 756) and will not be republished.

Section 661.60 clarifies the repercussion of not complying with deadline dates established by the Board. Section 661.97 clarifies actions the Board can take against registrants if disciplinary actions are taken in another jurisdiction.

Section 661.60 required some minor formatting changes. The word "/her" has been added after "his" in subsection (a)(2).

No comments were received regarding adoption of the rules.

The new sections are adopted under Texas Civil Statutes, Article 5282c, §9, which provides the Texas Board of Professional Land Surveying with the authority to make and enforce all reasonable and necessary rules, regulations and bylaws not inconsistent with the Texas Constitution, the laws of this state, and this Act.

§661.60.Responsibility to the Board.

(a)

A registrant/licensee/SIT whose registration/license/certification is current or has expired but is renewable under the Texas Professional Land Surveying Practices Act and Board rules, is subject to all provisions of the Act and Board rules. A registrant/licensee/SIT shall respond fully and truthfully to all Board inquiries and furnish all maps, plats, surveys or other information or documentation requested by the Board within 30 days of such registrant's licensee's or SIT's receipt of a Board inquiry or request concerning matters under the jurisdiction of the Board. An inquiry or request shall be deemed received on the earlier of:

(1)

the date actually received as reflected by a delivery receipt from the United States Postal Service or a private courier or

(2)

two days after the Board request or inquiry is deposited in a postage paid envelope in the United States mail addressed to the registrant, licensee or SIT at his/her last address reflected on the records of the Board.

(b)

Any registrant, licensee or SIT subject to Board decisions or orders shall fully comply with the final decisions and orders within any time periods which might be specified in such decisions or orders. Failure to timely, fully and truthfully respond to Board inquiries, failure to furnish requested information, or failure to timely and fully comply with Board decisions and orders, shall constitute separate offenses of misconduct subject to such penalties as may be imposed by the Board as provided under the Act.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on April 18, 2001.

TRD-200102230

Sandy Smith

Executive Director

Texas Board of Professional Land Surveying

Effective date: May 8, 2001

Proposal publication date: January 19, 2001

For further information, please call: (512) 452-9427