Part 3.
TEXAS BOARD OF CHIROPRACTIC EXAMINERS
Chapter 73.
LICENSES AND RENEWALS
22 TAC §73.3
The Texas Board of Chiropractic Examiners proposes to amend
Title 22, chapter 73 relating to Licenses and Renewals, §73.3, Continuing
Education. The proposed amendments to §73.3 will allow licensees to take
up to six hours of continuing education on-line as opposed to the current
limit of four hours. In addition, the amendments make the two hours of continuing
education presented by the Board optional instead of mandatory.
Sandra Smith, Executive Director, has determined that for the first five-year
period the section as amended is in effect, there will be no fiscal implications
for state government as a result of enforcing or administering the proposed
amendments to §73.3. There will no effect on local government.
Enforcing or administering these rules as amended does not have any foreseeable
implications to costs of the state or local governments. Ms. Smith has also
determined that for each year of the first five years, the section as amended
is in effect, the public benefit anticipated as a result of enforcing and
administering the proposed amendments, will be greater flexibility for licensees
to obtain their required continuing education. Licensees may obtain an additional
two hours of continuing education on-line, and will not be required to obtain
any amount from the Board. For the same period, there is no anticipated adverse
economic effect on small or micro businesses, as defined by Government Code §2006.002.
There is no anticipated economic cost to persons who are required to comply
with the changes in the rule.
Written comments may be submitted, no later than 30 days from the date
of this publication, to Sandra Smith, Executive Director, Texas Board of Chiropractic
Examiners, 333 Guadalupe, Tower III, Suite 825, Austin, TX 78701.
The amendment is proposed under the Occupations Code §201.152,
which the board interprets as authorizing it to adopt rules necessary for
the performance of its duties, the regulation of the practice of chiropractic,
and the enforcement of the Chiropractic Act.
The following are the statutes, articles, or codes affected by the amendments:
Occupations Code, §§201.152 and 201.356.
§73.3.Continuing Education.
(a)
Condition of Renewal. A licensee is required to attend
continuing education courses as a condition of renewal of a license.
(b)
Requirements.
(1)
Every licensee shall attend and complete 16 hours of continuing
education each year unless a licensee is exempted under subsection (d) of
this section. Each licensee's reporting year shall begin on the first day
of the month in which his or her birthday occurs.
(2)
The 16 hours of continuing education may be completed at
any course or seminar elected by the licensee, which has been approved under §73.7
of this title (relating to Approved Continuing Education Courses). However,
a licensee must attend any course designated as a "TBCE Required Course,"
and the course may be counted as part of the 16 hour requirement. A licensee
who serves as an examiner for the National Boards Part IV Examination may
receive credit for this activity, not to exceed two hours each year. No more
than
six
[
(3)
A list of approved courses, including TBCE Required Courses,
is available on the board's website, www.tbce.state.tx.us, as provided in §73.7(f).
The board will also provide notice of a TBCE [
(4)
Two
[
(A)
Texas Chiropractic Association - Midwinter;
(B)
Texas Chiropractic Association Convention;
(C)
Chiropractic Society of Texas Annual Convention;
(D)
Parker College of Chiropractic Homecoming;
(E)
Texas Chiropractic College Homecoming;
(F)
Online at www.tbce.state.tx.us;
(G)
TBCE Headquarters in Austin, TX (check website for details)
(5)
A licensee who is unable to travel for the purpose of attending
a continuing education course or seminar due to a mental or physical illness
or disability may satisfy the board's continuing education requirements by
listening to audio or viewing video taped courses approved by the Board, or
taking approved online courses. In order for an audio or video tape or an
online course to be accepted by the board, a licensee must submit a letter
from a licensed chiropractor or physician, who is not associated with the
licensee in any manner. In the letter, the chiropractor or other doctor must
state the nature of the illness or disability and certify that the licensee
was ill or disabled, and unable to travel for the purpose of obtaining continuing
education hours due to the illness or disability. A licensee is required to
submit a new certificate for each year an exemption is sought. An untrue certification
submitted to the board shall subject the licensee to disciplinary action as
authorized by the Chiropractic Act, Occupations Code 201.501 and .502. The
six
[
(c)
Verification.
(1)
At the request of the Board, a licensee shall submit, to
the board, written verification from each sponsor, of the licensee's attendance
at and completion of each continuing education course which is used in the
fulfillment of the required hours for all years requested.
(2)
A licensee submitting hours as a National Boards examiner
must submit written verification of the licensee's participation from the
National Boards, on National Boards letterhead. The verification must include
the licensee's name, board license number, and the date, time, and place of
each examination attended by the licensee as an examiner.
(3)
Failure to submit verification as required by paragraph
(1) of this subsection shall be considered the same as failing to meet the
continuing education requirements of subsection (b) of this section.
(d)
Qualifying exemption. The following persons are exempt
from the requirements of subsection (b) of this section:
(1)
a licensee who holds an inactive Texas license. However,
if at any time during the reporting year for which such exemption applies
such person desires to practice chiropractic, such person shall not be entitled
to practice chiropractic in Texas until all required hours of continuing education
credits are obtained and the executive director has been notified of completion
of such continuing education requirements;
(2)
a licensee who served in the regular armed forces of the
United States during part of the 12 months immediately preceding the annual
license renewal date;
(3)
a licensee who submits proof satisfactory to the board
that the licensee suffered a mental or physical illness or disability which
prevented the licensee from complying with the requirements of this section
during the 12 months immediately preceding the annual license renewal date;
or
(4)
a licensee who is first licensed within the 12 months immediately
preceding the annual renewal date.
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 July 5, 2004.
TRD-200404367
Sandra Smith
Executive Director
Texas Board of Chiropractic Examiners
Earliest possible date of adoption: August 15, 2004
For further information, please call: (512) 305-6709
22 TAC §75.9
The Texas Board of Chiropractic Examiners proposes to amend
Title 22, chapter 75 relating to Rules of Practice, §75.9, Complaint
Procedures. The proposed amendments to §75.9 will allow the Enforcement
Committee to record the proceedings of its meetings. This will allow the statements
made in the Enforcement Committee to be used as evidence in further proceedings
of the Board for enforcement of the Chiropractic Act.
Sandra Smith, Executive Director, has determined that for the first five-year
period the section as amended is in effect, there will be no fiscal implications
for state government as a result of enforcing or administering the proposed
amendments to §75.9. There will no effect on local government.
Enforcing or administering the rule as amended does not have any foreseeable
implications to costs of the state or local governments. Ms. Smith has also
determined that for each year of the first five years, the section as amended
is in effect, the public benefit anticipated as a result of enforcing and
administering the proposed amendments, will be the ability of the Board to
consider statements made by licensees at the Enforcement Committee meetings
in further enforcement actions that may be required. For the same period,
there is no anticipated adverse economic effect on small or micro businesses,
as defined by Government Code §2006.002. There is no anticipated economic
cost to persons who are required to comply with the changes in the rule.
Written comments may be submitted, no later than 30 days from the date
of this publication, to Sandra Smith, Executive Director, Texas Board of Chiropractic
Examiners, 333 Guadalupe, Tower III, Suite 825, Austin, TX 78701.
The amendment is proposed under the Occupations Code §201.152,
which the board interprets as authorizing it to adopt rules necessary for
the performance of its duties, the regulation of the practice of chiropractic,
and the enforcement of the Chiropractic Act.
The following are the statutes, articles, or codes affected by the amendments:
Occupations Code, §§201.152 and 201.506.
§75.9.Complaint Procedures.
(a)
Filing complaints. A person who has a complaint about a
licensee, facility or CRT may file a complaint with the board in person at
the board's office, or in any written form, including submission of a completed
complaint form. The board adopts the following form in both English and Spanish
as its official complaint form which shall be available from the board upon
request. A complaint shall contain information necessary for the proper processing
of the complaint by the board, including:
Figure: 22 TAC §75.9(a) (No change.)
(1)
complainant's name, address and phone number;
(2)
name, address and phone number of the chiropractor, chiropractic
facility, CRT or other person, firm or corporation, if known, against whom
the complaint is made;
(3)
date, time and place of occurrence of alleged violation;
and
(4)
complete description of incident giving rise to the complaint.
(b)
Categories of complaints and investigation.
(1)
The board shall distinguish between categories of complaints
as follows:
(A)
consumer and patient complaints against chiropractors,
CRTs, or chiropractic facilities regarding alleged violations of state law,
including the Texas Chiropractic Act, or board rules or orders;
(B)
alleged unauthorized practice of chiropractic by unlicensed
individuals, unregistered facilities or CRTs, or by a licensee, facility or
CRT while a suspension order or restrictive sanction by the board is in effect;
(C)
licensure, registration or reinstatement applications;
(D)
alleged advertising violations by chiropractors or chiropractic
facilities.
(2)
All complaints or reports of alleged violations will be
investigated by the board. However, anonymous complaints may not be investigated
if insufficient information is provided or the allegations are vague, appear
to lack a credible or factual foundation, or cannot be proved for lack of
a witness or other evidence. The executive director of the board will determine
whether or not an anonymous report will be logged in as a complaint for investigation.
A complaint shall not be dismissed without appropriate consideration. The
board and a complainant shall be advised of a dismissal of a complaint.
(3)
The board staff may initiate an investigation, including
the filing of a complaint, on an individual or facility regulated by the board
for compliance with the law or board rules or order.
(c)
Enforcement Committee.
(1)
The President shall appoint an Enforcement Committee to
consider all complaints filed with the board. The Executive Director under
the direction of the Enforcement Committee chair shall supervise all investigations.
(2)
The Enforcement Committee shall have the power to issue
subpoenas and subpoenas duces tecum to compel the attendance of witnesses
and the production of books, records, and documents, to issue commissions
to take depositions, to administer oaths and to take testimony concerning
all matters within the assigned jurisdiction.
(3)
The Enforcement Committee shall determine the disposition
of a complaint as provided in this subsection and §75.10 and §75.11
of this title (relating to Disciplinary Guidelines and Sanctions, respectively).
The Enforcement Committee may delegate the authority to close certain complaints
to the Executive Director.
(4)
The Enforcement Committee may schedule an informal conference
in a case in order to hear from the complainant and the respondent, in person,
or if it believes a conference may facilitate the resolution of the case.
A respondent, although not required, is urged to attend the informal conference.
A complainant will be given notice of the conference and invited to attend.
A complainant is not required to attend an informal conference.
(5)
Informal conferences shall not be deemed to be meetings
of the board [
(6)
In a case where the Enforcement Committee has made a finding
of a violation for which a sanction should be imposed, the committee may direct
staff to offer an agreed order to the respondent in an effort to resolve the
case informally. If an agreed order is not accepted by the respondent or no
agreed order is offered, the case will be referred to the SOAH for formal
hearing. The Enforcement Committee shall present an agreed order to the board
for its approval once it has been signed by the respondent. Should the board
amend the proposed order, the executive director shall contact the respondent
to seek concurrence. If the respondent does not concur, the Enforcement Committee
shall determine whether negotiations on an agreed order should continue or
to refer the case for formal hearing.
(d)
Commencement of formal hearing proceedings. Board staff
shall commence formal hearing proceedings by filing the case with the SOAH
and by giving notice to the respondent as provided §76.3 of this title
(relating to Commencement of Enforcement Proceedings).
(e)
Recission of probation.
(1)
The board may at any time while an individual or facility
is on probation upon majority vote rescind the probation and enforce the board's
original action suspending such license or registration for violation of the
terms of the probation or for other good cause as the board in its discretion
may determine. Violations of probation shall be referred to the Enforcement
Committee for action under this section. Probation shall not be rescinded
without notice and an opportunity for a hearing on whether or not the probation
has been violated.
(2)
The board shall maintain a chronological and alphabetical
listing of licensees, facilities, and CRTs, who have had their license or
registration, suspended or revoked, and shall monitor compliance with each
order. Any noncompliance observed as a result of monitoring shall be referred
to the Enforcement Committee for action under this section.
(f)
Reinstatement. An individual or chiropractic facility whose
license or registration has been revoked for a period of more than one year
may, after the expiration of at least one year from the date that such revocation
became final, apply to the board, on forms provided by the board, for reinstatement.
In considering the reinstatement of a revoked license or registration, the
board in its discretion may:
(1)
deny reinstatement; or
(2)
grant reinstatement:
(A)
without condition;
(B)
with probation for a specified period of time under specified
conditions; or
(C)
with or without reexamination or additional training.
(g)
Temporary suspension upon threat to public. The Enforcement
Committee or the board, with a two-thirds vote, may temporarily suspend a
license to practice chiropractic in the State of Texas if the committee or
the board determines from the evidence or information presented to it that
continued practice by the licensee constitutes a continuing or imminent threat
to the public welfare.
(1)
Such suspension may occur without notice or hearing if
at the time the suspension is ordered, a hearing on whether a disciplinary
proceeding should be initiated is scheduled not later than the 14th day after
the date of suspension. A second hearing on the suspended license shall be
held not later than the 60th day after the date the suspension was ordered.
If the second hearing is not held in the time required, the license is reinstated
without further action of the board or committee. A hearing held under this
paragraph shall be conducted by the SOAH.
(2)
The licensee will be notified of a suspension and any hearing
scheduled under this subsection by certified mail.
(3)
The suspension shall remain in effect pending a final decision
of the board unless the committee or the board orders the suspension rescinded
after hearing.
(4)
The licensee shall not practice chiropractic during the
duration of the suspension.
(5)
During the suspension the enforcement and investigatory
processes will continue.
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 July 5, 2004.
TRD-200404368
Sandra Smith
Executive Director
Texas Board of Chiropractic Examiners
Earliest possible date of adoption: August 15, 2004
For further information, please call: (512) 305-6709
22 TAC §76.5
The Texas Board of Chiropractic Examiners proposes to amend
Title 22, chapter 76 relating to Formal SOAH Proceedings, §76.5, Denial
of Application. The proposed amendment to §76.5 removes the discretion
of the Executive Director for filing the petition for a hearing with SOAH.
The amendment also clarifies that a decision of the Board is final if a request
for a hearing is not received within 30 days of notice of denial of an application.
The Executive Director should not be in the position of overruling the action
of the Board.
Sandra Smith, Executive Director, has determined that for the first five-year
period the section as amended is in effect, there will be no fiscal implications
for state government as a result of enforcing or administering the proposed
amendments to §76.5. There will no effect on local government.
Enforcing or administering these rules as amended does not have any foreseeable
implications to costs of the state or local governments. Ms. Smith has also
determined that for each year of the first five years, the section as amended
is in effect, the public benefit anticipated as a result of enforcing and
administering the proposed amendments, will be the ability of the Board to
consider statements made by licensees at the Enforcement Committee meetings
in further enforcement actions that may be required. For the same period,
there is no anticipated adverse economic effect on small or micro businesses,
as defined by Government Code §2006.002. There is no anticipated economic
cost to persons who are required to comply with the changes in the rule.
Written comments may be submitted, no later than 30 days from the date
of this publication, to Sandra Smith, Executive Director, Texas Board of Chiropractic
Examiners, 333 Guadalupe, Tower III, Suite 825, Austin, TX 78701.
The amendment is proposed under the Occupations Code §201.152,
which the board interprets as authorizing it to adopt rules necessary for
the performance of its duties, the regulation of the practice of chiropractic,
and the enforcement of the Chiropractic Act.
The following are the statutes, articles, or codes affected by the amendments:
Occupations Code, §§201.152 and 201.354, 201.502, and 201.505.
§76.5.Denial of Application.
A person whose application for licensure or registration has been denied
may ask for a hearing by filing a petition with the executive director within
30 days of notice of the denial.
If the petition is not received within
30 days of the date of notice of denial, the decision is final.
The
petition shall set out the legal basis and supporting facts for challenging
the board's decision and the relief sought by the petitioner. Upon receipt
of the petition, [
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 July 5, 2004.
TRD-200404369
Sandra Smith
Executive Director
Texas Board of Chiropractic Examiners
Earliest possible date of adoption: August 15, 2004
For further information, please call: (512) 305-6709
22 TAC §80.5
The Texas Board of Chiropractic Examiners proposes to amend §80.5,
relating to maintenance of chiropractic records. The proposal will amend the
record retention requirements to comply with current HIPAA laws.
Ms. Sandra Smith, Executive Director, has determined that for the first
five-year period the proposed amendment is in effect, there will be no fiscal
implications for state government or local government as a result of enforcing
or administering the rule as amended.
There will be no effect on small or micro businesses, or anticipated economic
cost to persons who are required to comply with the section as proposed. Ms.
Smith has determined that, for each year of the first five years, the section
as amended is in effect, the public benefit anticipated as a result of enforcing
and administering the section as amended will be better clarity of the tasks
or procedures that a licensee may delegate under the section, and when they
may delegate them.
Written comments may be submitted no later than 30 days from the date of
this publication, to Sandra Smith, Executive Director, Texas Board of Chiropractic
Examiners, 333 Guadalupe, Tower III, Suite 825, Austin, TX 78701.
The amendment is proposed under the Occupations Code §201.152,
which the board interprets as authorizing it to adopt rules necessary for
the performance of its duties, the regulation of the practice of chiropractic,
and the enforcement of the Chiropractic Act and §201.405 which sets out
statutory responsibilities and requirements for release of patient records,
and which the Board interprets as one of the provisions it is charged with
enforcing.
The following are the statutes, articles, or codes affected by the amendments:
Occupations Code, §§201.152, .405
§80.5.Maintenance of Chiropractic Records.
(a)
An adequate chiropractic record for each patient shall
be maintained for a minimum of
six
[
(b)
If a patient was younger than 18 years of age when last
treated by a licensee, the chiropractic records of the patient shall be maintained
until the patient reaches age 21 or for
six
[
(c)
Chiropractic records that relate to any civil, criminal
or administrative proceeding shall not be destroyed until the proceeding has
been finally resolved.
(d)
Chiropractic records shall be maintained for such longer
length of time than that imposed by this section when mandated by other federal
or state statute or regulation.
(e)
Each licensee practicing at a facility and each facility
is equally responsible for compliance with this section.
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 July 5, 2004.
TRD-200404370
Sandra Smith
Executive Director
Texas Board of Chiropractic Examiners
Earliest possible date of adoption: August 15, 2004
For further information, please call: (512) 305-6709
Chapter 133.
LICENSING
Subchapter G. EXAMINATIONS
22 TAC §133.69
The Texas Board of Professional Engineers proposes an amendment
to §133.69, relating to Waiver of Examinations. The proposed amendment
clarifies language concerning waiver requirements for applicants with a Ph.D.
The current rule concerning waivers of examination for applicants with
a Ph.D. outlines the experience requirements for those with teaching experience
or a combination of teaching experience and creditable engineering experience.
It is the intent of the board to also allow applicants with a Ph.D. and only
creditable engineering experience to be considered for the waiver process.
The proposed amendment provides for applicants with creditable engineering
experience and no teaching experience to apply for a waiver of examinations.
Lance S. Kinney, P.E., Engineering Specialist for the board, has determined
that for the first five-year period the proposed amendment is in effect, there
are no fiscal implications for state or local government as a result of enforcing
or administering the section as amended.
Mr. Kinney also has determined that there is no additional cost as this
rule only addresses waiver requirements. The public benefit anticipated as
a result of enforcing the proposed amendment will be the licensure of fully
qualified Ph.D. applicants. For the same period, there is no anticipated adverse
economic effect on small or micro-businesses.
Comments may be submitted, no later than 30 days after the publication
of this notice to Lance S. Kinney, P.E., Engineering Specialist, Texas Board
of Professional Engineers, 1917 IH-35 South, Austin, Texas 78741 or faxed
to his attention at (512) 440-2934.
The amendment is proposed pursuant to the Texas Engineer Practice
Act, Occupations Code §1001.202, which authorizes the board to make and
enforce all rules and regulations and bylaws consistent with the Act as necessary
for the performance of its duties, the governance of its own proceedings,
and the regulation of the practice of engineering in this state; and pursuant
to the Texas Engineering Practice Act, Occupations Code §1001.305 of
the Act, which delegates to the board the authority to set the requirements
for a waiver of examination.
No other statutes, articles, or codes are affected by the proposed amendment.
§133.69.Waiver of Examinations.
(a)
Examinations are considered an integral part of the licensing
process; all applicants are expected to have passed the examinations or to
offer sufficient evidence of their qualifications in the absence of passage
of the examinations. The board may waive one or both of the examination on
the fundamentals of engineering or examination on the principles and practice
of engineering for applicants who:
(1) - (2)
(No change.)
(3)
meet one of the following requirements:
(A) - (B)
(No change.)
(C)
persons who have a Ph.D. degree in engineering from a college
or university having an undergraduate or master's degree program in a related
branch of engineering that is accredited or approved by the Engineering Accreditation
Commission of the Accreditation Board for Engineering and Technology, United
States (EAC/ABET), [
(i)
taught in an EAC/ABET-accredited or -approved program for
at least four years
and began teaching engineering prior to September
1, 2001
, or have at least four years of experience consisting of a combination
of EAC/ABET teaching experience or other creditable engineering experience
and began teaching engineering prior to September 1, 2001, or have at least
four years of creditable engineering experience
, as evaluated by the
board under §133.43 of this chapter (relating to Experience Evaluation),
to request waiver of the examination on the fundamentals of engineering; or
(ii)
taught in an EAC/ABET-accredited or -approved program
for at least six years
and began teaching engineering prior to September
1, 2001
, or have at least six years of experience consisting of a combination
of EAC/ABET teaching experience or other creditable engineering experience
and began teaching engineering prior to September 1, 2001, or have at least
six years of creditable engineering experience
, as evaluated by the
board under §133.43 of this chapter (relating to Experience Evaluation),
to request waiver of both the examination on the fundamentals of engineering
and the examination on the principles and practice of engineering;
(D)
persons who have a Ph.D. degree in engineering not qualifying
under Paragraph C of this section or other related field of science or mathematics
that is individually assessed and approved by the board during the evaluation
process, [
(b) - (c)
(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 June 29, 2004.
TRD-200404285
Victoria J.L. Hsu, P.E.
Executive Director
Texas Board of Professional Engineers
Earliest possible date of adoption: August 15, 2004
For further information, please call: (512) 440-7723
22 TAC §133.81
The Texas Board of Professional Engineers proposes an amendment
to §133.81, relating to the Receipt and Process of applications for licensure.
The proposed amendment adds language to include a procedure to amend an application
if the applicant is eligible for licensure through reciprocity or comity.
The current rule concerning the receipt and process of applications states
that once an application has been received and approved, the Board will not
accept a new or amended application. With the adoption of rules concerning
comity applications (§133.11(2)), the proposed amendment is necessary
to allow applicants that have applied under standard application rules and
have been approved to take the Principles and Practice Examination, but have
not taken and failed the examination, and are found to be eligible for reciprocity
or comity to amend their application.
Lance S. Kinney, P.E., Engineering Specialist for the board, has determined
that for the first five-year period the proposed amendment is in effect, there
are no fiscal implications for state or local government as a result of enforcing
or administering the section as amended.
Mr. Kinney has determined that there is no additional cost as this rule
only addresses the reciprocity or comity application process. The public benefit
anticipated as a result of enforcing the proposed amendment will be a simplified
application process for licensure by comity or reciprocity. For the same period,
there is no anticipated adverse economic effect on small or micro-businesses.
Comments may be submitted, no later than 30 days after the publication
of this notice to Lance S. Kinney, P.E., Engineering Specialist, Texas Board
of Professional Engineers, 1917 IH-35 South, Austin, Texas 78741 or faxed
to his attention at (512) 440-2934.
The amendment is proposed pursuant to the Texas Engineer Practice
Act, Occupations Code §1001.202, which authorizes the board to make and
enforce all rules and regulations and bylaws consistent with the Act as necessary
for the performance of its duties, the governance of its own proceedings,
and the regulation of the practice of engineering in this state; and pursuant
to the Texas Engineering Practice Act, Occupations Code §1001.311(b)
of the Act, which delegates to the board the authority to set requirements
for licensure via reciprocity or comity.
No other statutes, articles, or codes are affected by the proposed amendment.
§133.81.Receipt and Process.
(a) - (b)
(No change.)
(c)
Once an application has been reviewed and the board has
approved an applicant for licensure subject to passage of an examination,
and before a license has been issued or denied, the board will not accept
a new or amended application from the applicant
unless the applicant
is found to be eligible for licensure under §133.11(2) of this chapter
(relating to Types of Licenses) and has not taken and failed the PE Exam .
If the applicant is found to be eligible for licensure via reciprocity or
comity under §133.11(2) of this chapter an application may be amended
to meet the requirements of §133.27 of this chapter (relating to Application
for Reciprocal or Comity License)
. This does not prohibit the executive
director, a board member, or the board from requesting, when they deem necessary,
additional information from an applicant regarding his or her application.
(d)
(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 June 29, 2004.
TRD-200404286
Victoria J.L. Hsu, P.E.
Executive Director
Texas Board of Professional Engineers
Earliest possible date of adoption: August 15, 2004
For further information, please call: (512) 440-7723
Subchapter A. INDIVIDUAL AND ENGINEER COMPLIANCE
22 TAC §137.17
The Texas Board of Professional Engineers proposes an amendment
to §137.17, relating to the Continuing Education Program. The proposed
amendment clarifies language to simplify the procedure for reporting Continuing
Education requirements.
The current rule concerning the Continuing Education Program reporting
requirements states that each activity, date, and number of hours must be
reported with each renewal. To simplify the process of requirement reporting,
the proposed amendment modifies the requirements to include only a certification
by the license holder that Continuing Education requirements have been satisfied.
Lance S. Kinney, P.E., Engineering Specialist for the board, has determined
that for the first five-year period the proposed amendment is in effect, there
are no fiscal implications for state or local government as a result of enforcing
or administering the section as amended.
Mr. Kinney has determined that there is no additional cost as this rule
only addresses Continuing Education reporting requirements. The public benefit
anticipated as a result of enforcing the proposed amendment will be a simplified
reporting process for Continuing Education hours. For the same period, there
is no anticipated adverse economic effect on small or micro-businesses.
Comments may be submitted, no later than 30 days after the publication
of this notice to Lance S. Kinney, P.E., Engineering Specialist, Texas Board
of Professional Engineers, 1917 IH-35 South, Austin, Texas 78741 or faxed
to his attention at (512) 440-2934.
The amendment is proposed pursuant to the Texas Engineer Practice
Act, Occupations Code §1001.202, which authorizes the board to make and
enforce all rules and regulations and bylaws consistent with the Act as necessary
for the performance of its duties, the governance of its own proceedings,
and the regulation of the practice of engineering in this state; and pursuant
to the Texas Engineering Practice Act, Occupations Code §1001.210 of
the Act, which delegates to the board the authority to set requirements for
a Continuing Education Program.
No other statutes, articles, or codes are affected by the proposed amendment.
§137.17.Continuing Education Program.
(a) - (j)
(No change.)
(k)
The license holder must submit [
(l) - (p)
(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 June 29, 2004.
TRD-200404287
Victoria J.L. Hsu, P.E.
Executive Director
Texas Board of Professional Engineers
Earliest possible date of adoption: August 15, 2004
For further information, please call: (512) 440-7723
Chapter 623.
REGISTRATION AND CERTIFICATION
22 TAC §623.14
The Board of Tax Professional Examiners proposes an amendment
to §623.14, concerning Certification and Recertification: General. This
amendment ensures examinations are administered in accordance with ADA requirements.
David E. Montoya, Executive Director of the Board of Tax Professional Examiners,
has determined that for the first five year period in which the proposed amendment
is in effect, there will be no fiscal implications for state or local government
as a result of enforcing or administering the amended section.
Mr. Montoya has also determined that for the first five-year period in
which the proposed amendment is in effect, the proposed amendment will not
have an adverse economic effect on small businesses because the amended section
imposes no additional burden on anyone. There is no anticipated economic cost
to persons who are required to comply with the amendment as proposed.
The probable economic cost to persons required to comply with the amendment
will be zero because the amendment merely provides better access for those
requiring accommodations for an examination.
Mr. Montoya has determined that for the first five-year period in which
the proposed amendment is in effect, the anticipated public benefit is better
access for those requiring accommodations for an examination and thereby accommodating
the employment of more qualified applicants to the property tax professional
field.
The Board requests comments on the substance and effect of the proposed
amendment from any interested person. Comments must be received at the Board
no later than noon on August 16, 2004. Comments should be addressed to David
E. Montoya, Executive Director, Texas State Board of Tax Professional Examiners,
333 Guadalupe, Tower II, Suite 520, Austin, Texas 78701 or faxed to his attention
at (512) 305-7304.
The Board specifically invites comments from the public on the issues of
whether or not the proposed amendment will have an adverse economic effect
on small business; if the amendment is believed to have such an effect, then
how may the Board legally and feasibly reduce that effect considering the
purpose of the statute under which the amendment is to be adopted.
The amendment is proposed under the authority of Texas Civil
Statutes Occupations Code, Chapter 1151 Property Taxation Professional Certification
Act, which provide the Board of Tax Professional Examiners with the authority
to promulgate rules consistent with the Statute.
No other article, statute or code is affected by this proposed amendment.
§623.14.Certification and Recertification: General.
(a) - (k)
(No change.)
(l)
All examinations shall be administered
in compliance with the Americans with Disabilities Act (42 U.S.C. Section
12101 et seq.), and its subsequent amendments.
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 June 30, 2004.
TRD-200404331
David E. Montoya
Executive Director
Board of Tax Professional Examiners
Earliest possible date of adoption: August 15, 2004
For further information, please call: (512) 305-7300
four
] hours of credit may be obtained through
online courses.
Required
] Course
in its newsletter.
The two
] hours of continuing
education to be presented by the board
may
[
will
] be
given at the following
venues/locations
[
seminars
]:
four
] hour limit provided in subsection (b)(2) of this
section for online courses does not apply to a licensee who submits a certification
under this subsection.
Chapter 75.
RULES OF PRACTICE
and no formal record of the proceedings at the conferences
shall be made or maintained
].
Chapter 76.
FORMAL SOAH PROCEEDINGS
if the executive director determines that the petition
is within the jurisdiction of the board,
] the executive director shall
file the case with the SOAH and request a hearing.
Chapter 80.
PROFESSIONAL CONDUCT
seven
] years from
the anniversary date of the date of last treatment.
seven
]
years from the date of last treatment, whichever is longer.
Part 6.
TEXAS BOARD OF PROFESSIONAL ENGINEERS
and who began teaching engineering prior to September
1, 2001,
] and have:
and who began teaching engineering prior to September 1, 2001,
] and have taught in an EAC/ABET-accredited or -approved program for
at least eight years
and who began teaching engineering prior to September
1, 2001
, or have at least eight years of experience consisting of a
combination of EAC/ABET teaching experience or other creditable engineering
experience
and who began teaching engineering prior to September 1, 2001,
or have at least eight years of creditable engineering experience
[
,
] as evaluated by the board under §133.43 of this chapter (relating
to Experience Evaluation), to request waiver of either or both the examination
on the fundamentals of engineering and/or the examination on the principles
and practice of engineering.
Subchapter H. REVIEW PROCESS OF APPLICATIONS AND LICENSE ISSUANCE
Chapter 137.
COMPLIANCE AND PROFESSIONALISM
CEP
] certification
that
[
and a list of each activity, date, and hours claimed that
satisfy the
] CEP
requirements have been satisfied
[
requirement
] for that renewal year with the renewal application and
fee.
Part 27.
BOARD OF TAX PROFESSIONAL EXAMINERS
Chapter 629.
PENALTIES, SANCTIONS, AND HEARINGS