Part 2. DEPARTMENT OF ASSISTIVE AND REHABILITATIVE SERVICES
Chapter 101. ADMINISTRATIVE RULES AND PROCEDURES
The Texas Health and Human Services Commission adopts amendments to the rules of the Department of Assistive and Rehabilitative Services (DARS) in Title 40, Part 2, Chapter 101, concerning Administrative Rules and Procedures. DARS adopts the repeal of Subchapters F, G, H, J, K and L of Chapter 101 and replaces with new Subchapters A, B, C, and D of Chapter 101.
The repeals and new sections are adopted without changes to the proposed text as published in the May 11, 2007, issue of the Texas Register (32 TexReg 2537), and will not be republished.
The following Subchapters, Divisions, and sections in Title 40, Chapter 101, are adopted for repeal:
Subchapter F, Administrative Rules and Procedures Pertaining to Blind Services
Division 1, General Rules, §§101.3601, 101.3603, 101.3605, 101.3607, 101.3609, 101.3611, 101.3613, 101.3615, and 101.3617.
Division 2, Commission Board Procedures, §§101.3641, 101.3643, 101.3645, and 101.3647.
Division 3, Access to Public Information, §§101.3681, 101.3683, 101.3685, 101.3687, and 101.3689.
Division 4, Contract Dispute Resolution, §§101.3711, 101.3713, 101.3715, 101.3717, 101.3719, 101.3721, 101.3723, 101.3725, 101.3727, 101.3729, 101.3731, 101.3733, 101.3735, 101.3737, 101.3739, 101.3741, 101.3743, 101.3745, 101.3747, 101.3749, 101.3751, 101.3753, 101.3755, 101.3757, 101.3759, 101.3761, 101.3763, 101.3765, and 101.3767.
Division 5, Purchase of Goods and Services by the Commission, §§101.3801, 101.3807, and 101.3811.
Subchapter G, Administrative Rules and Procedures Pertaining to Rehabilitation Services
Division 1, General Rules, §§101.4001, 101.4003, 101.4005, 101.4007, 101.4009, 101.4011, 101.4013, 101.4015, 101.4017, 101.4019, 101.4021, 101.4023, 101.4025, 101.4027, 101.4029, 101.4031, 101.4033, 101.4035, 101.4037, 101.4039, and 101.4041.
Division 2, Legal Services, §101.4201 and §101.4203.
Division 3, Special Rules and Policies §§101.4223, 101.4225, 101.4227, 101.4229, 101.4231, 101.4233, 101.4235, 101.4237, 101.4239, and 101.4241.
Subchapter H, Purchase of Goods and Services for Rehabilitation Services
Division 4, Purchase of Goods and Services, §101.4525 and §101.4527.
Division 11, Historically Underutilized Businesses, §§101.5051, 101.5053, 101.5055, and 101.5057.
Division 13, Miscellaneous Requirements, §101.5201 and §101.5205.
Division 14, Contract Administration, §§101.5211, 101.5213, 101.5231, 101.5233, and 101.5235.
Subchapter J, Administrative Rules and Procedures Pertaining to Deaf and Hard of Hearing Services
Division 1, General Provisions, §§101.5801, 101.5803, 101.5805, 101.5807, 101.5809, 101.5811, 101.5813, 101.5815, 101.5817, 101.5819, 101.5821, 101.5823, 101.5825, 101.5827, 101.5829, 101.5831, 101.5833, 101.5835, 101.5837, 101.5839, 101.5841, 101.5843, 101.5845, 101.5847, 101.5849, 101.5851, 101.5853, 101.5855, 101.5857, 101.5859, 101.5861, and 101.5863.
Division 3. Program Standards and Procedures, §101.6401.
Division 4, Rulemaking Procedures, §§101.6451, 101.6453, 101.6455, 101.6457, 101.6459, and 101.6461.
Division 5, Gifts, Grants and Donations, §§101.6601, 101.6603, 101.6605, 101.6607, 101.6609, 101.6611, 101.6613, and 101.6615.
Division 6, Fees, §§101.6701, 101.6703, and 101.6705.
Division 7, Cooperative Activities, §101.6801.
Division 8, Memoranda of Understanding With State Agencies, §101.6821.
Subchapter K, Administrative Rules and Procedures Pertaining to the Rehabilitation Council of Texas, §101.8103.
Subchapter L, Administrative Rules and Procedures Pertaining to the State Independent Living Council, §101.9101.
The following new sections are adopted:
Subchapter A, General Rules, §§101.101, 101.103, 101.105, 101.107, 101.109, 101.111, 101.113, 101.115, 101.117, 101.119, 101.121, 101.123, and 101.131.
Subchapter B, Purchase of Goods and Services, §§101.201, 101.203, 101.209, 101.211, and 101.213.
Subchapter C, Historically Underutilized Businesses, §§101.551, 101.553, 101.555, and 101.557.
Subchapter D, Councils and Committees, §§101.601, 101.603, and 101.605.
The repeals and new rules are being adopted to consolidate separate administrative and purchasing rules from the four legacy agencies of DARS: the Texas Commission for the Blind, Texas Rehabilitation Commission, Texas Commission for the Deaf and Hard of Hearing, and the Interagency Council on Early Childhood Intervention, into agency-wide administrative and purchasing rules applicable to the entire Department of Assistive and Rehabilitative Services as provided by House Bill 2292, 78th Legislature, Regular Session.
Services as provided by House Bill 2292, 78th Legislature, Regular Session.
DARS received no comments regarding the adoption of the repeals or the new rules.
Subchapter F. ADMINISTRATIVE RULES AND PROCEDURES PERTAINING TO BLIND SERVICES
40 TAC §§101.3601, 101.3603, 101.3605, 101.3607, 101.3609, 101.3611, 101.3613, 101.3615, 101.3617
The repeals are adopted under 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, which includes DARS.
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 July 23, 2007.
TRD-200703098
Sylvia F. Hardman
General Counsel
Department of Assistive and Rehabilitative Services
Effective date: August 12, 2007
Proposal publication date: May 11, 2007
For further information, please call: (512) 424-4050
40 TAC §§101.3641, 101.3643, 101.3645, 101.3647
The repeals are adopted under 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, which includes DARS.
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 July 23, 2007.
TRD-200703099
Sylvia F. Hardman
General Counsel
Department of Assistive and Rehabilitative Services
Effective date: August 12, 2007
Proposal publication date: May 11, 2007
For further information, please call: (512) 424-4050
40 TAC §§101.3681, 101.3683, 101.3685, 101.3687, 101.3689
The repeals are adopted under 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, which includes DARS.
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 July 23, 2007.
TRD-200703100
Sylvia F. Hardman
General Counsel
Department of Assistive and Rehabilitative Services
Effective date: August 12, 2007
Proposal publication date: May 11, 2007
For further information, please call: (512) 424-4050
40 TAC §§101.3711, 101.3713, 101.3715, 101.3717, 101.3719, 101.3721, 101.3723, 101.3725, 101.3727, 101.3729, 101.3731, 101.3733, 101.3735, 101.3737, 101.3739, 101.3741, 101.3743, 101.3745, 101.3747, 101.3749, 101.3751, 101.3753, 101.3755, 101.3757, 101.3759, 101.3761, 101.3763, 101.3765, 101.3767
The repeals are adopted under 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, which includes DARS.
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 July 23, 2007.
TRD-200703101
Sylvia F. Hardman
General Counsel
Department of Assistive and Rehabilitative Services
Effective date: August 12, 2007
Proposal publication date: May 11, 2007
For further information, please call: (512) 424-4050
40 TAC §§101.3801, 101.3807, 101.3811
The repeals are adopted under 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, which includes DARS.
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 July 23, 2007.
TRD-200703102
Sylvia F. Hardman
General Counsel
Department of Assistive and Rehabilitative Services
Effective date: August 12, 2007
Proposal publication date: May 11, 2007
For further information, please call: (512) 424-4050
40 TAC §§101.4001, 101.4003, 101.4005, 101.4007, 101.4009, 101.4011, 101.4013, 101.4015, 101.4017, 101.4019, 101.4021, 101.4023, 101.4025, 101.4027, 101.4029, 101.4031, 101.4033, 101.4035, 101.4037, 101.4039, 101.4041
The repeals are adopted under 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, which includes DARS.
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 July 23, 2007.
TRD-200703103
Sylvia F. Hardman
General Counsel
Department of Assistive and Rehabilitative Services
Effective date: August 12, 2007
Proposal publication date: May 11, 2007
For further information, please call: (512) 424-4050
The repeals are adopted under 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, which includes DARS.
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 July 23, 2007.
TRD-200703104
Sylvia F. Hardman
General Counsel
Department of Assistive and Rehabilitative Services
Effective date: August 12, 2007
Proposal publication date: May 11, 2007
For further information, please call: (512) 424-4050
40 TAC §§101.4223, 101.4225, 101.4227, 101.4229, 101.4231, 101.4233, 101.4235, 101.4237, 101.4239, 101.4241
The repeals are adopted under 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, which includes DARS.
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 July 23, 2007.
TRD-200703105
Sylvia F. Hardman
General Counsel
Department of Assistive and Rehabilitative Services
Effective date: August 12, 2007
Proposal publication date: May 11, 2007
For further information, please call: (512) 424-4050
Division 4. PURCHASE OF GOODS AND SERVICES
The repeals are adopted under 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, which includes DARS.
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 July 23, 2007.
TRD-200703106
Sylvia F. Hardman
General Counsel
Department of Assistive and Rehabilitative Services
Effective date: August 12, 2007
Proposal publication date: May 11, 2007
For further information, please call: (512) 424-4050
40 TAC §§101.5051, 101.5053, 101.5055, 101.5057
The repeals are adopted under 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, which includes DARS.
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 July 23, 2007.
TRD-200703107
Sylvia F. Hardman
General Counsel
Department of Assistive and Rehabilitative Services
Effective date: August 12, 2007
Proposal publication date: May 11, 2007
For further information, please call: (512) 424-4050
The repeals are adopted under 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, which includes DARS.
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 July 23, 2007.
TRD-200703108
Sylvia F. Hardman
General Counsel
Department of Assistive and Rehabilitative Services
Effective date: August 12, 2007
Proposal publication date: May 11, 2007
For further information, please call: (512) 424-4050
40 TAC §§101.5211, 101.5213, 101.5231, 101.5233, 101.5235
The repeals are adopted under 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, which includes DARS.
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 July 23, 2007.
TRD-200703109
Sylvia F. Hardman
General Counsel
Department of Assistive and Rehabilitative Services
Effective date: August 12, 2007
Proposal publication date: May 11, 2007
For further information, please call: (512) 424-4050
Division 1. GENERAL PROVISIONS
40 TAC §§101.5801, 101.5803, 101.5805, 101.5807, 101.5809, 101.5811, 101.5813, 101.5815, 101.5817, 101.5819, 101.5821, 101.5823, 101.5825, 101.5827, 101.5829, 101.5831, 101.5833, 101.5835, 101.5837, 101.5839, 101.5841, 101.5843, 101.5845, 101.5847, 101.5849, 101.5851, 101.5853, 101.5855, 101.5857, 101.5859, 101.5861, 101.5863
The repeals are adopted under 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, which includes DARS.
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 July 23, 2007.
TRD-200703110
Sylvia F. Hardman
General Counsel
Department of Assistive and Rehabilitative Services
Effective date: August 12, 2007
Proposal publication date: May 11, 2007
For further information, please call: (512) 424-4050
The repeal is adopted under 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, which includes DARS.
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 July 23, 2007.
TRD-200703111
Sylvia F. Hardman
General Counsel
Department of Assistive and Rehabilitative Services
Effective date: August 12, 2007
Proposal publication date: May 11, 2007
For further information, please call: (512) 424-4050
40 TAC §§101.6451, 101.6453, 101.6455, 101.6457, 101.6459, 101.6461
The repeals are adopted under 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, which includes DARS.
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 July 23, 2007.
TRD-200703112
Sylvia F. Hardman
General Counsel
Department of Assistive and Rehabilitative Services
Effective date: August 12, 2007
Proposal publication date: May 11, 2007
For further information, please call: (512) 424-4050
40 TAC §§101.6601, 101.6603, 101.6605, 101.6607, 101.6609, 101.6611, 101.6613, 101.6615
The repeals are adopted under 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, which includes DARS.
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 July 23, 2007.
TRD-200703113
Sylvia F. Hardman
General Counsel
Department of Assistive and Rehabilitative Services
Effective date: August 12, 2007
Proposal publication date: May 11, 2007
For further information, please call: (512) 424-4050
40 TAC §§101.6701, 101.6703, 101.6705
The repeals are adopted under 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, which includes DARS.
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 July 23, 2007.
TRD-200703114
Sylvia F. Hardman
General Counsel
Department of Assistive and Rehabilitative Services
Effective date: August 12, 2007
Proposal publication date: May 11, 2007
For further information, please call: (512) 424-4050
The repeal is adopted under 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, which includes DARS.
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 July 23, 2007.
TRD-200703115
Sylvia F. Hardman
General Counsel
Department of Assistive and Rehabilitative Services
Effective date: August 12, 2007
Proposal publication date: May 11, 2007
For further information, please call: (512) 424-4050
The repeal is adopted under 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, which includes DARS.
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 July 23, 2007.
TRD-200703116
Sylvia F. Hardman
General Counsel
Department of Assistive and Rehabilitative Services
Effective date: September 1, 2007
Proposal publication date: May 11, 2007
For further information, please call: (512) 424-4050
The repeal is adopted under 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, which includes DARS.
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 July 23, 2007.
TRD-200703117
Sylvia F. Hardman
General Counsel
Department of Assistive and Rehabilitative Services
Effective date: August 12, 2007
Proposal publication date: May 11, 2007
For further information, please call: (512) 424-4050
The repeal is adopted under 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, which includes DARS.
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 July 23, 2007.
TRD-200703118
Sylvia F. Hardman
General Counsel
Department of Assistive and Rehabilitative Services
Effective date: August 12, 2007
Proposal publication date: May 11, 2007
For further information, please call: (512) 424-4050
40 TAC §§101.101, 101.103, 101.105, 101.107, 101.109, 101.111, 101.113, 101.115, 101.117, 101.119, 101.121, 101.123, 101.131
The new rules are adopted under 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, which includes DARS.
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 July 23, 2007.
TRD-200703119
Sylvia F. Hardman
General Counsel
Department of Assistive and Rehabilitative Services
Effective date: August 12, 2007
Proposal publication date: May 11, 2007
For further information, please call: (512) 424-4050
40 TAC §§101.201, 101.203, 101.209, 101.211, 101.213
The new rules are adopted under 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, which includes DARS.
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 July 23, 2007.
TRD-200703120
Sylvia F. Hardman
General Counsel
Department of Assistive and Rehabilitative Services
Effective date: August 12, 2007
Proposal publication date: May 11, 2007
For further information, please call: (512) 424-4050
40 TAC §§101.551, 101.553, 101.555, 101.557
The new rules are adopted under 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, which includes DARS.
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 July 23, 2007.
TRD-200703121
Sylvia F. Hardman
General Counsel
Department of Assistive and Rehabilitative Services
Effective date: August 12, 2007
Proposal publication date: May 11, 2007
For further information, please call: (512) 424-4050
40 TAC §§101.601, 101.603, 101.605
The new rules are adopted under 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, which includes DARS.
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 July 23, 2007.
TRD-200703122
Sylvia F. Hardman
General Counsel
Department of Assistive and Rehabilitative Services
Effective date: August 12, 2007
Proposal publication date: May 11, 2007
For further information, please call: (512) 424-4050
The Texas Health and Human Services Commission adopts amendments to the rules of the Department of Assistive and Rehabilitative Services in Title 40, Part 2, Chapter 101, concerning Administrative Rules and Procedures. This adoption adds a new Subchapter E, Appeals and Hearing Procedures for Vocational Rehabilitation and Independent Living Programs, Division 1, General Rules, §101.811 and §101.821; Division 2, Division for Blind Services Appeals and Hearing Procedures, §§101.851, 101.853, 101.855, 101.857, 101.859, 101.861, 101.863, 101.865, 101.867, 101.869, 101.871, 101.873, 101.875, 101.877, 101.879, 101.881, 101.883 and Division 3, Division for Rehabilitation Services Appeals and Hearing Procedures, §§101.901, 101.903, 101.905, 101.907, 101.909 and 101.911, without changes to the proposed text as published in the May 11, 2007, issue of the Texas Register (32 TexReg 2529), and the sections will not be republished.
The new rules are being adopted to clarify and update program rules from the former Texas Commission for the Blind and the former Texas Rehabilitation Commission, which were consolidated into the DARS in 2004, into a single set of rules applicable to appeal and hearings procedures for all vocational rehabilitation and independent living programs administered by the DARS, as provided by House Bill 2292, 78th Legislature, Regular Session. Rules relating to appeals and hearing procedures for these programs were previously contained in Chapter 106, Subchapter A, Division 1, of this title, relating to Blind Services, and in Chapter 107, Subchapter C of this title, relating to Rehabilitation Services, the repeals of which are being adopted contemporaneously elsewhere in this issue of the Texas Register.
DARS received no comments regarding the adoption of the new rules.
The new rules are adopted under 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, which includes DARS.
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 July 23, 2007.
TRD-200703095
Sylvia F. Hardman
General Counsel
Department of Assistive and Rehabilitative Services
Effective date: August 12, 2007
Proposal publication date: May 11, 2007
For further information, please call: (512) 424-4050
40 TAC §§101.851, 101.853, 101.855, 101.857, 101.859, 101.861, 101.863, 101.865, 101.867, 101.869, 101.871, 101.873, 101.875, 101.877, 101.879, 101.881, 101.883
The new rules are adopted under 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, which includes DARS.
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 July 23, 2007.
TRD-200703096
Sylvia F. Hardman
General Counsel
Department of Assistive and Rehabilitative Services
Effective date: August 12, 2007
Proposal publication date: May 11, 2007
For further information, please call: (512) 424-4050
40 TAC §§101.901, 101.903, 101.905, 101.907, 101.909, 101.911
The new rules are adopted under 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, which includes DARS.
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 July 23, 2007.
TRD-200703097
Sylvia F. Hardman
General Counsel
Department of Assistive and Rehabilitative Services
Effective date: August 12, 2007
Proposal publication date: May 11, 2007
For further information, please call: (512) 424-4050
Division 2. DIVISION FOR BLIND SERVICES APPEALS AND HEARING PROCEDURES
40 TAC §§101.1001, 101.1003, 101.1005, 101.1007, 101.1009, 101.1011
The Texas Health and Human Services Commission adopts amendments to the rules of the Department of Assistive and Rehabilitative Services (DARS) in Title 40, Part 2, Chapter 101, relating to Administrative Rules and Procedures, by adopting new Subchapter F, Durable Medical Equipment and Assistive Technology Listing, §§101.1001, 101.1003, 101.1005, 101.1007, 101.1009 and 101.1011, without changes to the proposed text as published in the May 11, 2007, issue of the Texas Register (32 TexReg 2553) and will not be republished.
The new rules are being adopted to update administrative and program rules from the former Texas Rehabilitation Commission, which was consolidated into DARS in 2004, by setting forth a single set of rules applicable to the technology listing activities of DARS, as provided by House Bill 2292, 78th Legislature, Regular Session. Rules relating to technology listing activities were previously contained in Chapter 107, Subchapter G of this title, relating to Durable Medical Equipment and Assistive Technology Listing. The repeal of those rules is being contemporaneously adopted elsewhere in this issue of the Texas Register.
DARS received no comments regarding the adoption of the new rules.
The new rules are adopted under 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, which includes DARS.
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 July 23, 2007.
TRD-200703123
Sylvia F. Hardman
General Counsel
Department of Assistive and Rehabilitative Services
Effective date: August 12, 2007
Proposal publication date: May 11, 2007
For further information, please call: (512) 424-4050
Subchapter F. CLAIMS FOR BREACH OF CONTRACT
40 TAC §§105.1403, 105.1405, 105.1407, 105.1409, 105.1411, 105.1413, 105.1415, 105.1417, 105.1419, 105.1421, 105.1423, 105.1425
The Texas Health and Human Services Commission adopts amendments to the rules of the Department of Assistive and Rehabilitative Services (DARS) in Title 40, Part 2, Chapter 105, Subchapter F, relating to Claims for Breach of Contract. DARS adopts new §§105.1403, 105.1405, 105.1407, 105.1409, 105.1411, 105.1413, 105.1415, 105.1417, 105.1419, 105.1421, 105.1423, and 105.1425, without changes to the proposed text as published in the May 11, 2007, issue of the Texas Register (32 TexReg 2554) and will not be republished.
The new rules are replacing rules currently in Chapter 101, Subchapter F, Division 4 of this title, relating to Contract Dispute Resolution. The adoption of the repeal of those rules is contemporaneously proposed elsewhere in this issue of the Texas Register.
DARS received no comments regarding the adoption of the new rules.
The new rules are adopted under 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, which includes DARS.
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 July 23, 2007.
TRD-200703124
Sylvia F. Hardman
General Counsel
Department of Assistive and Rehabilitative Services
Effective date: August 12, 2007
Proposal publication date: May 11, 2007
For further information, please call: (512) 424-4050
Subchapter A. APPEALS AND HEARING PROCDURES
Division 1. VOCATIONAL REHABILITATION AND INDEPENDENT LIVING PROGRAMS
40 TAC §§106.19, 106.23, 106.25, 106.27, 106.29, 106.30, 106.33, 106.34, 106.37, 106.39, 106.41, 106.43, 106.45, 106.47, 106.49, 106.51, 106.53, 106.55, 106.57, 106.59, 106.61, 106.63, 106.65, 106.67, 106.69, 106.71, 106.73, 106.75, 106.77, 106.79, 106.81, 106.83, 106.85, 106.87, 106.89, 106.91
The Texas Health and Human Services Commission adopts amendments to the rules of the Department of Assistive and Rehabilitative Services (DARS) in Title 40, Part 2, Chapter 106, concerning Blind Services. DARS adopts the repeal of Subchapter A, Division 1, §§106.19, 106.23, 106.25, 106.27, 106.29, 106.30, 106.33, 106.34, 106.37, 106.39, 106.41, 106.43, 106.45, 106.47, 106.49, 106.51, 106.53, 106.55, 106.57, 106.59, 106.61, 106.63, 106.65, 106.67, 106.69, 106.71, 106.73, 106.75, 106.77, 106.79, 106.81, 106.83, 106.85, 106.87, 106.89 and 106.91, concerning Appeals and Hearing Procedures for Vocational Rehabilitation and Independent Living Programs, without changes to the proposed text as published in the May 11, 2007, issue of the Texas Register (32 TexReg 2555), and will not be republished.
This repeal is being adopted to clarify and update program rules from the former Texas Commission for the Blind, which were consolidated into DARS in 2004, into agency-wide appeals and hearings rules applicable to all vocational rehabilitation and independent living programs now administered by DARS, as provided by House Bill 2292, 78th Legislature, Regular Session. Rules relating to Appeals and Hearing Procedures for Vocational Rehabilitation and Independent Living Programs, Chapter 101, new Subchapter E, are being adopted contemporaneously elsewhere in this issue of the Texas Register.
DARS received no comments regarding the adoption of the repeal.
The repeals are adopted under 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, which includes DARS.
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 July 23, 2007.
TRD-200703125
Sylvia F. Hardman
General Counsel
Department of Assistive and Rehabilitative Services
Effective date: August 12, 2007
Proposal publication date: May 11, 2007
For further information, please call: (512) 424-4050
The Texas Health and Human Services Commission (HHSC), on behalf of the Department of Assistive and Rehabilitative Services (DARS), adopts the repeals of Subchapters A, D, and M, in their entirety, and adopts the repeals and amendments to certain rules contained in Subchapter B and Subchapter N. Specifically, this proposal adopts the repeals of Subchapter A, Texas Rehabilitation Advisory Council, §§107.11, 107.13, 107.15, 107.17, and 107.19; Subchapter B, Vocational Rehabilitation Services Program, Division 4, Eligibility, Ineligibility, and Certification, §107.193; Subchapter D, Extended Rehabilitation Services Program, §§107.601, 107,603, 107.605, 107.607, and 107.609; Subchapter M, Transition Planning Program, §§107.1401, 107.1403, and 107.1405; and Subchapter N, Memoranda of Understanding With Other State Agencies, §§107.1611, 107.1615, and 107.1617. This adoption also amends Subchapter B, Vocational Rehabilitation Services Program, Division 1, Provision of Vocational Rehabilitation Services, §§107.101, 107.103, 107.107, 107.109, 107.111, 107.113, 107.115, 107.117, 107.119, 107.121, 107.123, 107.125, 107.127, 107.129, 107.131, 107.133, 107.135, and 107.137, and adds new §107.139; Division 2, Client Participation, §107.151 and §107.153; Division 3, Comparable Benefits, §§107.171, 107.173, and 107.175; and Division 4, Eligibility and Ineligibility, §107.191 and §107.197, and adds new §107.193; Division 5, Methods of Administration of Vocational Rehabilitation, §§107.215, 107.217, 107.221, 107.223, and 107.225; Subchapter F, Independent Living Services Program, §§107.801, 107.803, 107.805, and 107.807, and adds new §107.811; Subchapter L, Comprehensive Rehabilitation Services, §107.1203 and §107.1209; and Subchapter N, Memoranda of Understanding with Other State Agencies, §107.1607. The sections are adopted without changes to the proposed text as published in the May 11, 2007, issue of the Texas Register (32 TexReg 2597) and will not be republished.
This adoption also changes the title of Chapter 107 from "Rehabilitation Services" to "Division for Rehabilitation Services."
These repeals, amendments, and new rules are being adopted to clarify and update program rules from the former Texas Rehabilitation Commission, which was consolidated into DARS in 2004, into rules applicable to programs now administered by the Division for Rehabilitation Services, Department of Assistive and Rehabilitative Services, as provided by House Bill 2292, 78th Legislature, Regular Session. Rules relating to Subchapter G, Durable Medical Equipment and Assistive Technology Listing, §§107.1001, 107.1003, 107.1005, 107.1007, 107.1009, 107.1011, and 107.1013, are being repealed contemporaneously elsewhere in this issue of the Texas Register.
DARS received no comments regarding the adoption of the repeals, amendments, or new rules.
Subchapter A. TEXAS REHABILITATION ADVISORY COUNCIL
40 TAC §§107.11, 107.13, 107.15, 107.17, 107.19
The repeals are adopted under 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, which includes DARS.
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 July 23, 2007.
TRD-200703126
Sylvia F. Hardman
General Counsel
Department of Assistive and Rehabilitative Services
Effective date: August 12, 2007
Proposal publication date: May 11, 2007
For further information, please call: (512) 424-4050
Division 1. PROVISION OF VOCATIONAL REHABILITATION SERVICES
40 TAC §§107.101, 107.103, 107.107, 107.109, 107.111, 107.113, 107.115, 107.117, 107.119, 107.121, 107.123, 107.125, 107.127, 107.129, 107.131, 107.133, 107.135, 107.137, 107.139
The amendments and new rule are adopted under 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, which includes DARS.
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 July 23, 2007.
TRD-200703127
Sylvia F. Hardman
General Counsel
Department of Assistive and Rehabilitative Services
Effective date: August 12, 2007
Proposal publication date: May 11, 2007
For further information, please call: (512) 424-4050
The amendments are adopted under 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, which includes DARS.
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 July 23, 2007.
TRD-200703128
Sylvia F. Hardman
General Counsel
Department of Assistive and Rehabilitative Services
Effective date: August 12, 2007
Proposal publication date: May 11, 2007
For further information, please call: (512) 424-4050
40 TAC §§107.171, 107.173, 107.175
The amendments are adopted under 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, which includes DARS.
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 July 23, 2007.
TRD-200703129
Sylvia F. Hardman
General Counsel
Department of Assistive and Rehabilitative Services
Effective date: August 12, 2007
Proposal publication date: May 11, 2007
For further information, please call: (512) 424-4050
40 TAC §§107.191, 107.193, 107.197
The amendments and new rule are adopted under 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, which includes DARS.
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 July 23, 2007.
TRD-200703130
Sylvia F. Hardman
General Counsel
Department of Assistive and Rehabilitative Services
Effective date: August 12, 2007
Proposal publication date: May 11, 2007
For further information, please call: (512) 424-4050
The repeal is adopted under 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, which includes DARS.
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 July 23, 2007.
TRD-200703131
Sylvia F. Hardman
General Counsel
Department of Assistive and Rehabilitative Services
Effective date: August 12, 2007
Proposal publication date: May 11, 2007
For further information, please call: (512) 424-4050
40 TAC §§107.215, 107.217, 107.221, 107.223, 107.225
The amendments are adopted under 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, which includes DARS.
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 July 23, 2007.
TRD-200703132
Sylvia F. Hardman
General Counsel
Department of Assistive and Rehabilitative Services
Effective date: August 12, 2007
Proposal publication date: May 11, 2007
For further information, please call: (512) 424-4050
40 TAC §§107.601, 107.603, 107.605, 107.607, 107.609
The repeals are adopted under 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, which includes DARS.
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 July 23, 2007.
TRD-200703133
Sylvia F. Hardman
General Counsel
Department of Assistive and Rehabilitative Services
Effective date: August 12, 2007
Proposal publication date: May 11, 2007
For further information, please call: (512) 424-4050
40 TAC §§107.801, 107.803, 107.805, 107.807, 107.811
The amendments and new rule are adopted under 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, which includes DARS.
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 July 23, 2007.
TRD-200703134
Sylvia F. Hardman
General Counsel
Department of Assistive and Rehabilitative Services
Effective date: August 12, 2007
Proposal publication date: May 11, 2007
For further information, please call: (512) 424-4050
The amendments are adopted under 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, which includes DARS.
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 July 23, 2007.
TRD-200703135
Sylvia F. Hardman
General Counsel
Department of Assistive and Rehabilitative Services
Effective date: August 12, 2007
Proposal publication date: May 11, 2007
For further information, please call: (512) 424-4050
40 TAC §§107.1401, 107.1403, 107.1405
The repeals are adopted under 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, which includes DARS.
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 July 23, 2007.
TRD-200703136
Sylvia F. Hardman
General Counsel
Department of Assistive and Rehabilitative Services
Effective date: August 12, 2007
Proposal publication date: May 11, 2007
For further information, please call: (512) 424-4050
The amendment is adopted under 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, which includes DARS.
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 July 23, 2007.
TRD-200703137
Sylvia F. Hardman
General Counsel
Department of Assistive and Rehabilitative Services
Effective date: August 12, 2007
Proposal publication date: May 11, 2007
For further information, please call: (512) 424-4050
40 TAC §§107.1611, 107.1615, 107.1617
The repeals are adopted under 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, which includes DARS.
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 July 23, 2007.
TRD-200703138
Sylvia F. Hardman
General Counsel
Department of Assistive and Rehabilitative Services
Effective date: August 12, 2007
Proposal publication date: May 11, 2007
For further information, please call: (512) 424-4050
40 TAC §§107.401, 107.403, 107.405, 107.407, 107.409, 107.411, 107.413, 107.415
The Texas Health and Human Services Commission adopts changes to the rules of the Department of Assistive and Rehabilitative Services (DARS), Title 40, Part 2, Chapter 107, concerning Rehabilitation Services. DARS adopts the repeal of Subchapter C, §§107.401, 107.403, 107.405, 107.407, 107.409, 107.411, 107.413, and 107.415, concerning Due Process Hearings and Mediation by Applicants/Clients Concerning Determinations by Agency Personnel that Affect the Provision of Vocational Rehabilitation Services, without changes to the proposed text as published in the May 11, 2007, issue of the Texas Register (32 TexReg 2608), and will not be republished.
The repeal is being adopted to clarify and update program rules from the former Texas Rehabilitation Commission, which was consolidated into DARS in 2004, into agency-wide appeals and hearings rules applicable to all vocational rehabilitation and independent living programs now administered by Department of Assistive and Rehabilitative Services, as provided by House Bill 2292, 78th Legislature, Regular Session. Rules relating to Appeals and Hearing Procedures for Vocational Rehabilitation and Independent Living Programs, Chapter 101, new Subchapter E, are being adopted contemporaneously elsewhere in this issue of the Texas Register.
DARS received no comments regarding the adoption of the repeal.
The repeal is adopted under 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, which includes DARS.
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 July 23, 2007.
TRD-200703139
Sylvia F. Hardman
General Counsel
Department of Assistive and Rehabilitative Services
Effective date: August 12, 2007
Proposal publication date: May 11, 2007
For further information, please call: (512) 424-4050
40 TAC §§107.1001, 107.1003, 107.1005, 107.1007, 107.1009, 107.1011, 107.1013
The Texas Health and Human Services Commission adopts changes to the rules of the Department of Assistive and Rehabilitative Services (DARS), Title 40, Part 2, Chapter 107, relating to Rehabilitation Services. DARS adopts the repeal of Subchapter G, Durable Medical Equipment and Assistive Technology Listing, §§107.1001, 107.1003, 107.1005, 107.1007, 107.1009, 107.1011 and 107.1013. without changes to the proposed text as published in the May 11, 2007, issue of the Texas Register (32 TexReg 2608), and will not be republished.
This repeal is being adopted to clarify and update program rules from the former Texas Rehabilitation Commission, which were consolidated into DARS in 2004, into rules applicable to programs now administered by the Division for Rehabilitation Services, Department of Assistive and Rehabilitative Services, as provided by House Bill 2292, 78th Legislature, Regular Session. New rules relating to Durable Medical Equipment and Assistive Technology Listing have been proposed in a new subchapter F of Chapter 101 of this title and are being adopted contemporaneously herewith in this issue of the Texas Register.
DARS received no comments regarding the adoption of the repeal.
The repeal is adopted under 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, which includes DARS.
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 July 23, 2007.
TRD-200703140
Sylvia F. Hardman
General Counsel
Department of Assistive and Rehabilitative Services
Effective date: August 12, 2007
Proposal publication date: May 11, 2007
For further information, please call: (512) 424-4050
The Texas Health and Human Services Commission adopts changes to the rules of the Department of Assistive and Rehabilitative Services (DARS), in Title 40, Part 2, Chapter 108, relating to Division for Early Childhood Intervention Services. DARS adopts the repeal of Subchapter B, §108.65, concerning Opportunities for Citizen Participation. DARS also adopts the repeal of Subchapter C, §§108.85, 108.87, 108.89, and 108.91, concerning Early Childhood Intervention Advisory Committee, without changes to the proposed text as published in the May 11, 2007, issue of the Texas Register (32 TexReg 2609), and will not be republished.
The repeals are being adopted to facilitate consolidation and transfer of the substance of the repealed rules to Chapter 101 of this title, relating to Administrative Rules and Procedures, new Subchapter A, General Rules, §101.105, and new Subchapter D, Advisory Committees and Councils, §101.605. These new subchapters are being adopted contemporaneously elsewhere in this issue of the Texas Register.
DARS received no comments regarding the adoption of the repeals.
Subchapter B. PROCEDURAL SAFEGUARDS AND DUE PROCESS PROCEDURES
The repeal is adopted under 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, which includes DARS.
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 July 23, 2007.
TRD-200703141
Sylvia F. Hardman
General Counsel
Department of Assistive and Rehabilitative Services
Effective date: August 12, 2007
Proposal publication date: May 11, 2007
For further information, please call: (512) 424-4050
40 TAC §§108.85, 108.87, 108.89, 108.91
The repeals are adopted under 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, which includes DARS.
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 July 23, 2007.
TRD-200703142
Sylvia F. Hardman
General Counsel
Department of Assistive and Rehabilitative Services
Effective date: August 12, 2007
Proposal publication date: May 11, 2007
For further information, please call: (512) 424-4050
The Texas Health and Human Services Commission adopts amendments to the rules of the Department of Assistive and Rehabilitative Services (DARS) in Title 40, Part 2, Chapter 109, concerning Deaf and Hard of Hearing Services. DARS adopts the repeal of Subchapter A, Specialized Telecommunications Assistance Program, Division 1, Definitions, §§109.1, 109.3, 109.5 and 109.7 and Division 2, Program Eligibility, §§109.31, 109.33, 109.35, 109.37, 109.39, 109.41, 109.43 and 109.45. A new Subchapter A, General Rules, §109.101 and §109.103 and a new Subchapter D, Specialized Telecommunications Assistance Program, §§109.401, 109.403, 109.405, 109.407, 109.409, 109.411, 109.413, 109.415 and 109.417 replaces the repealed sections. The rules are adopted without changes to the proposed text as published in the May 11, 2007, issue of the Texas Register (32 TexReg 2610) and will not be republished.
The title of Chapter 109 is changed from "Deaf and Hard of Hearing Services" to "Office for Deaf and Hard of Hearing Services."
The repeal, new rules, and chapter title change are being adopted to clarify and update program rules from the former Texas Commission for the Deaf and Hard of Hearing, which was consolidated into DARS in 2004, into rules applicable to programs now administered by the Office for Deaf and Hard of Hearing Services, DARS, as provided by House Bill 2292, 78th Legislature, Regular Session. Elsewhere in this issue of the Texas Register, DARS contemporaneously adopts the repeal of Chapter 109, Subchapter B, Division 7, Certified Court Interpreters, §§109.901, 109.903, 109.905, 109.907, 109.909, 109.911, 109.913, 109.915, 109.917, 109.919, 109.921, 109.923, 109.925, 109.927, 109.929 and 109.931.
DARS received no comments regarding the adoption of the repeal, the new rules, or the chapter title change.
Subchapter A. SPECIALIZED TELECOMMUNICATIONS ASSISTANCE PROGRAM
40 TAC §§109.1, 109.3, 109.5, 109.7
The repeals are adopted under 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, which includes DARS.
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 July 23, 2007.
TRD-200703143
Sylvia F. Hardman
General Counsel
Department of Assistive and Rehabilitative Services
Effective date: August 12, 2007
Proposal publication date: May 11, 2007
For further information, please call: (512) 424-4050
40 TAC §§109.31, 109.33, 109.35, 109.37, 109.39, 109.41, 109.43, 109.45
The repeals are adopted under 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, which includes DARS.
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 July 23, 2007.
TRD-200703144
Sylvia F. Hardman
General Counsel
Department of Assistive and Rehabilitative Services
Effective date: August 12, 2007
Proposal publication date: May 11, 2007
For further information, please call: (512) 424-4050
Subchapter A. GENERAL RULES
The new rules are adopted under 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, which includes DARS.
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 July 23, 2007.
TRD-200703145
Sylvia F. Hardman
General Counsel
Department of Assistive and Rehabilitative Services
Effective date: August 12, 2007
Proposal publication date: May 11, 2007
For further information, please call: (512) 424-4050
40 TAC §§109.401, 109.403, 109.405, 109.407, 109.409, 109.411, 109.413, 109.415, 109.417
The new rules are adopted under 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, which includes DARS.
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 July 23, 2007.
TRD-200703146
Sylvia F. Hardman
General Counsel
Department of Assistive and Rehabilitative Services
Effective date: August 12, 2007
Proposal publication date: May 11, 2007
For further information, please call: (512) 424-4050
The Texas Health and Human Services Commission adopts amendments to the rules of the Department of Assistive and Rehabilitative Services (DARS) in Title 40, Part 2, Chapter 109, concerning Deaf and Hard of Hearing Services. DARS adopts the repeal of Subchapter B, Division 7, Certified Court Interpreters, §§109.901, 109.903, 109.905, 109.907, 109.909, 109.911, 109.913, 109.915, 109.917, 109.919, 109.921, 109.923, 109.925, 109.927, 109.929, and 109.931, and adopts new Subchapter C, Certified Court Interpreters, §§109.301, 109.303, 109.305, 109.311, 109.313, 109.315, 109.321, 109.323, 109.325, 109.327, 109.329, 109.331, 109.333, 109.335, 109.337, 109.339, 109.341, 109.351, 109.353, 109.361, 109.363, 109.365, 109.367, 109.371, and 109.373, concerning certification of court interpreters, without changes to the proposed text as published in the May 11, 2007, issue of the Texas Register (32 TexReg 2613), and will not be republished.
The repeal and new rules are being adopted to conform the rules concerning certified court interpreters to current provisions of the Human Resources Code, Chapter 81, as amended through the 78th Legislative Session and as currently implemented following consolidation of the former Texas Commission for the Deaf and Hard of Hearing into the Department of Assistive and Rehabilitative Services; to provide updated information necessary for persons seeking to obtain and persons holding certification as court interpreters; and to remove details of program administration that do not affect applicants for and holders of court interpreter certification. In addition, as Government Code §57.027(a) provides that a person commits an offense if the person violates a rule adopted under Government Code Chapter 57, Subchapter B, the new rules clearly identify which of the rules are adopted under Government Code Chapter 57, Subchapter B and subject to §57.027(a). Finally, the new rules establish a new requirement that an individual may not interpret a court proceeding or deposition unless properly qualified as court interpreter for that particular case, by presenting to the judge presiding, or to the court reporter at a deposition, proper evidence of court interpreter certification by either the Department or by the Registry of Interpreters for the Deaf. This new requirement is identified in the new rules as being adopted under Government Code Chapter 57, Subchapter B.
DARS received no comments regarding the adoption of the repeal or the new rules.
Subchapter B. BOARD FOR EVALUATION OF INTERPRETERS AND INTERPRETER CERTIFICATION
Division 7. CERTIFIED COURT INTERPRETERS
40 TAC §§109.901, 109.903, 109.905, 109.907, 109.909, 109.911, 109.913, 109.915, 109.917, 109.919, 109.921, 109.923, 109.925, 109.927, 109.929, 109.931
The repeals are adopted under 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, which includes DARS.
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 July 23, 2007.
TRD-200703147
Sylvia F. Hardman
General Counsel
Department of Assistive and Rehabilitative Services
Effective date: September 1, 2007
Proposal publication date: May 11, 2007
For further information, please call: (512) 424-4050
Subchapter C. CERTIFIED COURT INTERPRETERS
40 TAC §§109.301, 109.303, 109.305, 109.311, 109.313, 109.315, 109.321, 109.323, 109.325, 109.327, 109.329, 109.331, 109.333, 109.335, 109.337, 109.339, 109.341, 109.351, 109.353, 109.361, 109.363, 109.365, 109.367, 109.371, 109.373
The new rules are adopted under 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, which includes DARS.
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 July 23, 2007.
TRD-200703187
Sylvia F. Hardman
General Counsel
Department of Assistive and Rehabilitative Services
Effective date: September 1, 2007
Proposal publication date: May 11, 2007
For further information, please call: (512) 424-4050