Part 2.
DEPARTMENT OF ASSISTIVE AND REHABILITATIVE SERVICES
Chapter 101.
ADMINISTRATIVE RULES AND PROCEDURES
The Texas Health and Human Services Commission adopts amendments to
Title 40, Part 2, of the rules of the Department of Assistive and Rehabilitative
Services (DARS), by repealing two separate sections in Chapter 101 for the
Division for Blind Services and the Division for Rehabilitation Services concerning
protest procedures, and replacing with a single rule pertaining to protest
procedures applicable to the entire agency. The rules being repealed are §101.3839,
concerning Protest Procedures and §101.4951, concerning Availability
of Protest Procedures. The repeals are adopted without changes to the proposed
text as published in the February 10, 2006, issue of the
Texas Register
(31 TexReg 829) and will not be republished. The rule
replacing these two rules is 40 TAC §104.301, in a new Chapter 104 of
Title 40, Purchase of Goods and Services by the Department of Assistive and
Rehabilitative Services, and within Chapter 104 in a new Subchapter J, Protest
Procedures. The repeals and replacement are adopted to consolidate separate
rules concerning protest procedures from two of the legacy agencies of DARS,
the Texas Commission for the Blind, and Texas Rehabilitation Commission, into
one rule concerning protest procedures applicable to the entire Department
of Assistive and Rehabilitative Services.
No comments were received regarding adoption of the repeal.
Subchapter F. ADMINISTRATIVE RULES AND PROCEDURES PERTAINING TO BLIND SERVICES
5.
PURCHASE OF GOODS AND SERVICES BY THE COMMISSION
40 TAC §101.3839
The repeal is adopted under the Government Code, Chapter 531, §531.0055(e),
which provides the Executive Commissioner of the Health and Human Services
Commission with the authority to promulgate rules for the operation and provision
of health and human services by health and human services agencies.
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 March 30, 2006.
TRD-200601917
Sylvia F. Hardman
General Counsel
Department of Assistive and Rehabilitative Services
Effective date: May 1, 2006
Proposal publication date: February 10, 2006
For further information, please call: (512) 424-4050
10.
PROTEST PROCEDURES
40 TAC §101.4951
The repeal is adopted under the Government Code, Chapter 531, §531.0055(e),
which provides the Executive Commissioner of the Health and Human Services
Commission with the authority to promulgate rules for the operation and provision
of health and human services by health and human services agencies.
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 March 30, 2006.
TRD-200601918
Sylvia F. Hardman
General Counsel
Department of Assistive and Rehabilitative Services
Effective date: May 1, 2006
Proposal publication date: February 10, 2006
For further information, please call: (512) 424-4050
Subchapter J. PROTEST PROCEDURES
40 TAC §104.301
The Texas Health and Human Services Commission adopts amendments
to Title 40, Part 2, of the rules of the Department of Assistive and Rehabilitative
Services (DARS). DARS adopts new Chapter 104, Purchase of Goods and Services
by the Department of Assistive and Rehabilitative Services, and new Subchapter
J, Protest Procedures, §104.301, Availability of Protest Procedures,
without changes to the proposed text as published in the February 10, 2006
issue of the
Texas Register
(31 TexReg 830)
and will not be republished. DARS is also repealing two separate sections
in Chapter 101 for the Division for Blind Services and the Division for Rehabilitation
Services concerning protest procedures, and replacing with this single rule
pertaining to protest procedures applicable to the entire agency. The rules
being repealed are §101.3839, concerning Protest Procedures and §101.4951,
concerning Availability of Protest Procedures. The new rule replaces these
two rules. The repeals and replacement are being adopted to consolidate separate
rules concerning protest procedures from two of the legacy agencies of DARS,
the Texas Commission for the Blind, and Texas Rehabilitation Commission, into
one rule concerning protest procedures applicable to the entire Department
of Assistive and Rehabilitative Services.
No comments were received regarding adoption of the new section.
The new section is adopted under the Government Code, Chapter
531, §531.0055(e), which provides the Executive Commissioner of the Health
and Human Services Commission with the authority to promulgate rules for the
operation and provision of health and human services by health and human services
agencies.
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 March 30, 2006.
TRD-200601919
Sylvia F. Hardman
General Counsel
Department of Assistive and Rehabilitative Services
Effective date: May 1, 2006
Proposal publication date: February 10, 2006
For further information, please call: (512) 424-4050
Subchapter B. VOCATIONAL REHABILITATION SERVICES PROGRAM
Subchapter H. PURCHASE OF GOODS AND SERVICES FOR REHABILITATION SERVICES
Chapter 104.
PURCHASE OF GOODS AND SERVICES BY THE DEPARTMENT OF ASSISTIVE AND REHABILITATIVE SERVICES
Chapter 107.
REHABILITATION SERVICES