Part 14.
TEXAS OPTOMETRY BOARD
Chapter 277.
PRACTICE AND PROCEDURE
22 TAC §277.5
The Texas Optometry Board adopts amendments to §277.5
without changes to the proposed text as published in the December 19, 2003,
issue of the
Texas Register
(28 TexReg 11221).
The amendment more explicitly defines, as required by Chapter 53 of the
Occupations Code, those types of criminal convictions that are directly related
to the practice of optometry and therapeutic optometry.
No comments were received.
The amendment is adopted under the Texas Optometry Act, Texas
Occupations Code, §351.151, §351.501, and Chapter 53 of the Texas
Occupations Code. No other sections are affected by the amendments.
The Texas Optometry Board interprets §351.151 as authorizing the adoption
of procedural and substantive rules for the regulation of the optometric profession.
The Board interprets §351.501 and Chapter 53 of the Occupations Code
to authorize disciplinary action against a license who has received a criminal
conviction.
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 February 27, 2004.
TRD-200401609
Chris Kloeris
Executive Director
Texas Optometry Board
Effective date: March 18, 2004
Proposal publication date: December 19, 2003
For further information, please call: (512) 305-8502
Chapter 575.
PRACTICE AND PROCEDURE
22 TAC §575.1
The Texas Board of Veterinary Medical Examiners ("Board")
adopts amendments to §575.1 concerning Definitions without changes to
the proposed text as published in the
Texas Register
on November 7, 2003 (28 TexReg 9679). The amendments update the statutory
references to definitions contained in the Texas Veterinary Licensing Act
and Administrative Procedure Act. The amendments allow the public to access
up-to-date information in the Board's rules.
No comments were received concerning this section.
The amended section is adopted under the authority of the Occupations
Code, §801.151 (a) which authorizes the Board to adopt rules necessary
to administer the Veterinary Licensing 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 February 24, 2004.
TRD-200401374
Ron Allen
Executive Director
Texas Board of Veterinary Medical Examiners
Effective date: March 15, 2004
Proposal publication date: November 7, 2003
For further information, please call: (512) 305-7555
22 TAC §575.2
The Texas Board of Veterinary Medical Examiners ("Board")
adopts amendments to §575.2 concerning Filing of Documents without changes
to the proposed text as published in the
Texas Register
on November 7, 2003 (28 TexReg 9680). The amendments reorganize the
section without substantive change and include "requests for exceptions" as
a type of document that may be filed in a contested case before the Board.
The amendments make the section easier to read and provide up-to-date information
on documents that may be submitted to the Board.
No comments were received concerning this section.
The amended section is adopted under the authority of the Occupations
Code, §801.151 (a) which authorizes the Board to adopt rules necessary
to administer the Veterinary Licensing 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 February 24, 2004.
TRD-200401375
Ron Allen
Executive Director
Texas Board of Veterinary Medical Examiners
Effective date: March 15, 2004
Proposal publication date: November 7, 2003
For further information, please call: (512) 305-7555
22 TAC §575.3
The Texas Board of Veterinary Medical Examiners ("Board")
adopts amendments to §575.3 concerning Computation of Time without changes
to the proposed text as published in the
Texas Register
on November 7, 2003 (28 TexReg 9680). The amendments spell out how
the Board computes time periods. For example, the Board may request that a
document be submitted "in 14 days." The amendments clarify when time periods
begin and end and thus protects the rights of the persons involved. The Board
also has flexibility to extend time periods for good cause.
No comments were received concerning this section.
The amended section is adopted under the authority of the Occupations
Code, §801.151 (a) which authorizes the Board to adopt rules necessary
to administer the Veterinary Licensing 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 February 24, 2004.
TRD-200401376
Ron Allen
Executive Director
Texas Board of Veterinary Medical Examiners
Effective date: March 15, 2004
Proposal publication date: November 7, 2003
For further information, please call: (512) 305-7555
22 TAC §575.4
The Texas Board of Veterinary Medical Examiners adopts the
repeal of §575.4 concerning Agreements to Be in Writing, without change
to the proposed text as published in the
Texas Register
on November 7, 2003 (28 TexReg 9681). This section was originally
adopted to govern the conduct of contested cases before the Board. Such cases
are now heard by the State Office of Administrative Hearings which has its
own rules governing such proceedings. The repeal eliminates procedures that
are not necessary to the conduct of the Board's business.
No comments were received concerning the repeal of this section.
The section is repealed under the authority of the Texas Occupations
Code, §801.151 (a) which authorizes the Board to adopt rules necessary
to administer the Veterinary Licensing 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 February 24, 2004.
TRD-200401377
Ron Allen
Executive Director
Texas Board of Veterinary Medical Examiners
Effective date: March 15, 2004
Proposal publication date: November 7, 2003
For further information, please call: (512) 305-7555
22 TAC §575.4
The Texas Board of Veterinary Medical Examiners ("Board")
adopts new §575.4 concerning Conduct and Decorum without changes to the
proposed text as published in the
Texas Register
on November 7, 2003 (28 TexReg 9681). The new section recognizes the
need for parties appearing before the Board to conduct themselves in an orderly
and dignified fashion and authorizes the Board to exclude from a proceeding
any persons engaging in disruptive behavior. The section benefits the Board
and the public by promoting orderly and efficient meetings and hearings.
No comments were received concerning this section.
The new section is adopted under the authority of the Occupations
Code, §801.151 (a) which authorizes the Board to adopt rules necessary
to administer the Veterinary Licensing 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 February 24, 2004.
TRD-200401378
Ron Allen
Executive Director
Texas Board of Veterinary Medical Examiners
Effective date: March 15, 2004
Proposal publication date: November 7, 2003
For further information, please call: (512) 305-7555
22 TAC §575.5
The Texas Board of Veterinary Medical Examiners adopts the
repeal of §575.5 concerning Conduct and Decorum, without change to the
proposed text as published in the
Texas Register
on November 7, 2003 (28 TexReg 9682). This section is repealed because
the text is being modified and transferred to another section, §575.4,
for adoption.
No comments were received concerning the repeal of this section.
The section is repealed under the authority of the Texas Occupations
Code, §801.151 (a) which authorizes the Board to adopt rules necessary
to administer the Veterinary Licensing 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 February 24, 2004.
TRD-200401379
Ron Allen
Executive Director
Texas Board of Veterinary Medical Examiners
Effective date: March 15, 2004
Proposal publication date: November 7, 2003
For further information, please call: (512) 305-7555
22 TAC §575.5
The Texas Board of Veterinary Medical Examiners ("Board")
adopts new §575.5 concerning Subpoenas; Witness Expenses without changes
to the proposed text as published in the
Texas Register
on November 7, 2003 (28 TexReg 9682). The new section sets out the
procedures for the Board to issue subpoenas in any matter under its jurisdiction,
as authorized by the Veterinary Licensing Act. It also establishes witness
fees for expert witnesses appearing on behalf of the Board.
No comments were received concerning this section.
The new section is adopted under the authority of the Occupations
Code, §801.151 (a) which authorizes the Board to adopt rules necessary
to administer the Veterinary Licensing 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 February 24, 2004.
TRD-200401380
Ron Allen
Executive Director
Texas Board of Veterinary Medical Examiners
Effective date: March 15, 2004
Proposal publication date: November 7, 2003
For further information, please call: (512) 305-7555
22 TAC §575.6
The Texas Board of Veterinary Medical Examiners adopts the
repeal of §575.6 concerning Appearances Personally or by Representative,
without change to the proposed text as published in the
Texas Register
on November 7, 2003 (28 TexReg 9683). This section was
originally adopted to govern the conduct of contested cases before the Board.
Such cases are now heard by the State Office of Administrative Hearings which
has its own rules governing such proceedings. The repeal eliminates procedures
that are not necessary to the conduct of the Board's business.
No comments were received concerning the repeal of this section.
The section is repealed under the authority of the Texas Occupations
Code, §801.151 (a) which authorizes the Board to adopt rules necessary
to administer the Veterinary Licensing 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 February 24, 2004.
TRD-200401381
Ron Allen
Executive Director
Texas Board of Veterinary Medical Examiners
Effective date: March 15, 2004
Proposal publication date: November 7, 2003
For further information, please call: (512) 305-7555
22 TAC §575.6
The Texas Board of Veterinary Medical Examiners ("Board")
adopts new §575.6 concerning Procedures Following Contested Case Hearing,
without changes to the proposed text as published in the
Texas Register
on November 7, 2003 (28 TexReg 9683). The new section
sets out the statutorily mandated procedures for parties to a contested case
to follow once a proposal for decision is issued by the State Office of Administrative
Hearings. Procedures for filing exceptions, changing a finding of fact or
conclusion of law, and motions for rehearing are detailed in accordance with
the Administrative Procedure Act.
No comments were received concerning this section.
The new section is adopted under the authority of the Occupations
Code, §801.151 (a) which authorizes the Board to adopt rules necessary
to administer the Veterinary Licensing 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 February 24, 2004.
TRD-200401382
Ron Allen
Executive Director
Texas Board of Veterinary Medical Examiners
Effective date: March 15, 2004
Proposal publication date: November 7, 2003
For further information, please call: (512) 305-7555
22 TAC §575.7
The Texas Board of Veterinary Medical Examiners adopts the
repeal of §575.7 concerning Motions, without change to the proposed text
as published in the
Texas Register
on November
7, 2003 (28 TexReg 9684). This section was originally adopted to govern the
conduct of contested cases before the Board. Such cases are now heard by the
State Office of Administrative Hearings which has its own rules governing
such proceedings. The repeal eliminates procedures that are not necessary
to the conduct of the Board's business.
No comments were received concerning the repeal of this section.
The section is repealed under the authority of the Texas Occupations
Code, §801.151 (a) which authorizes the Board to adopt rules necessary
to administer the Veterinary Licensing 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 February 24, 2004.
TRD-200401383
Ron Allen
Executive Director
Texas Board of Veterinary Medical Examiners
Effective date: March 15, 2004
Proposal publication date: November 7, 2003
For further information, please call: (512) 305-7555
22 TAC §575.7
The Texas Board of Veterinary Medical Examiners ("Board")
adopts new §575.7 concerning Costs of Appeal, without changes to the
proposed text as published in the
Texas Register
on November 7, 2003 (28 TexReg 9684). The new section implements the
authority found in the Administrative Procedure Act for agencies to require
by rule that a party appealing a final decision in a contested case may be
required to pay the costs of preparing the record of the case that is sent
to the reviewing court.
No comments were received concerning this section.
The new section is adopted under the authority of the Occupations
Code, §801.151 (a) which authorizes the Board to adopt rules necessary
to administer the Veterinary Licensing 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 February 24, 2004.
TRD-200401384
Ron Allen
Executive Director
Texas Board of Veterinary Medical Examiners
Effective date: March 15, 2004
Proposal publication date: November 7, 2003
For further information, please call: (512) 305-7555
22 TAC §575.8
The Texas Board of Veterinary Medical Examiners adopts the
repeal of §575.8 concerning Amendments, without change to the proposed
text as published in the
Texas Register
on
November 7, 2003 (28 TexReg 9685). This section was originally adopted to
govern the conduct of contested cases before the Board. Such cases are now
heard by the State Office of Administrative Hearings which has its own rules
governing such proceedings. The repeal eliminates procedures that are not
necessary to the conduct of the Board's business.
No comments were received concerning the repeal of this section.
The section is repealed under the authority of the Texas Occupations
Code, §801.151 (a) which authorizes the Board to adopt rules necessary
to administer the Veterinary Licensing 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 February 24, 2004.
TRD-200401386
Ron Allen
Executive Director
Texas Board of Veterinary Medical Examiners
Effective date: March 15, 2004
Proposal publication date: November 7, 2003
For further information, please call: (512) 305-7555
22 TAC §575.9
The Texas Board of Veterinary Medical Examiners adopts the
repeal of §575.9 concerning Docketing and Numbering of Causes, and Service,
without change to the proposed text as published in the
Texas Register
on November 7, 2003 (28 TexReg 9685). This section was
originally adopted to govern the conduct of contested cases before the Board.
Such cases are now heard by the State Office of Administrative Hearings which
has its own rules governing such proceedings. The repeal eliminates procedures
that are not necessary to the conduct of the Board's business.
No comments were received concerning the repeal of this section.
The section is repealed under the authority of the Texas Occupations
Code, §801.151 (a) which authorizes the Board to adopt rules necessary
to administer the Veterinary Licensing 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 February 24, 2004.
TRD-200401387
Ron Allen
Executive Director
Texas Board of Veterinary Medical Examiners
Effective date: March 15, 2004
Proposal publication date: November 7, 2003
For further information, please call: (512) 305-7555
Part 24.
TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS