Part 8. TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD
Chapter 157. RULES RELATING TO PRACTICE AND PROCEDURE
Subchapter A. GENERAL PROVISIONS
The Texas Appraiser Licensing and Certification Board adopts on an emergency basis an amendment to §157.7, relating to the denial of a license. The amendment becomes effective on September 1, 2007 because that is the effective date of the legislative changes made by SB 914. The amendments are being made so that the board's rules relating to the contested case hearing process will conform to the recent legislative changes made in contested case hearing procedure and process under SB 914 which amended Texas Occupations Code Chapter 1103. The thrust of those legislative amendments was to require contested case hearings to be held before the State Office of Administrative Hearings instead of following the prior practice of utilizing an in-house administrative law judge. Thus, the amendments incorporate the legislatively mandated changes. The amendments will also be proposed simultaneously in this issue of the Texas Register.
The amendments are adopted on an emergency basis under the Texas Appraiser Licensing and Certification Act, Subchapter D, Board Powers and Duties (Occupations Code, Chapter 1103), which provides the board with authority to adopt rules under §1103.151, Rules Relating to Certification and Licenses, §1103.154, Rules Relating to Professional Conduct and §1103.508, Subchapter K, Contested Hearings.
No other code, article, or statute is affected by this emergency adoption.
§157.7.Denial of a License.
If the board denies a certification or license to an applicant
under the Act, the board immediately shall give written notice of
the denial to the applicant. Notice and hearings relating to denial
of a license issued by the board shall be governed by the Act and
by Texas Government Code Annotated, §§2001.001, et seq.
In the case of an application for approval as an appraiser trainee
the board shall also notify a sponsoring certified appraiser of the
denial, but a sponsoring appraiser is not required to request a hearing
or to be named or admitted as a party in the proceeding before the
board. A hearing pursuant to this section shall be held at a place
designated by the
State Office of Administrative Hearings
[
board
] and presided over by
an
[
the agency's
]
administrative law judge
from the State Office of Administrative Hearings
who shall conduct the hearing and issue
a proposal for decision
[
final decisions for the board
]. Failure
to request a hearing within 30 days of the written notice of denial
waives judicial appeal, and the board determination becomes final
and unappealable.
This agency hereby certifies that the emergency adoption 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 August 20, 2007.
TRD-200703747
Troy Beaulieu
Attorney
Texas Appraiser Licensing and Certification Board
Effective Date: September 1, 2007
Expiration Date: December 29, 2007
For further information, please call: (512) 465-3959
The Texas Appraiser Licensing and Certification Board adopts on an emergency basis amendments to §157.11, relating to contested cases. These amendments become effective on September 1, 2007 because that is the effective date of the legislative changes made by SB 914. These amendments are being made so that the board's rules relating to the contested case hearing process will conform to the recent legislative changes made in contested case hearing procedure and process under SB 914 which amended Texas Occupations Code Chapter 1103. The thrust of those legislative amendments was to require contested case hearings to be held before the State Office of Administrative Hearings instead of following the prior practice of utilizing an in-house administrative law judge. The amendments will also be proposed simultaneously in this issue of the Texas Register.
The amendments are adopted on an emergency basis under the Texas Appraiser Licensing and Certification Act, Subchapter D, Board Powers and Duties (Occupations Code, Chapter 1103), which provides the board with authority to adopt rules under §1103.151, Rules Relating to Certification and Licenses, §1103.154, Rules Relating to Professional Conduct and §1103.508, Subchapter K, Contested Hearings.
No other code, article, or statute is affected by this emergency adoption.
§157.11.Contested Cases; Entry of Appearance; Continuance.
(a) When a contested case has been instituted, the respondent or the representative of the respondent shall enter an appearance not later than 20 days after the date of receipt of notice as provided in §12A of the Act.
(b) For the purposes of this section, a contested case
shall mean any action that is referred by the board to the
State
Office of Administrative Hearings
[
agency's administrative law judge
].
(c) For purposes of this section, an entry of appearance
shall mean the filing of a written answer or other responsive pleading
with the
State Office of Administrative Hearings
[
agency's administrative law judge
].
(d) The filing of an untimely appearance by a party, or entering an appearance at the contested case hearing entitles the board to a continuance of the hearing in the contested case at the board's discretion for such a reasonable period of time as determined by the administrative law judge, but not for a period of less than 20 days. For purposes of this section, an untimely appearance is an appearance not entered within 20 days of the date the respondent has received notice.
This agency hereby certifies that the emergency adoption 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 August 20, 2007.
TRD-200703748
Troy Beaulieu
Attorney
Texas Appraiser Licensing and Certification Board
Effective Date: September 1, 2007
Expiration Date: December 29, 2007
For further information, please call: (512) 465-3959
The Texas Appraiser Licensing and Certification Board adopts on an emergency basis amendments to §157.15 and §157.18 and new rules §157.16, Exceptions and Replies and §157.17, Final Decisions and Orders. These new rules and amendments become effective on September 1, 2007 because that is the effective date of the legislative changes made by SB 914. The new rules and amendments are being made so that the board's rules relating to the contested case hearing process will conform to the recent legislative changes made in contested case hearing procedure and process under SB 914 which amended Texas Occupations Code Chapter 1103. The thrust of those legislative amendments was to require contested case hearings to be held before the State Office of Administrative Hearings instead of following the prior practice of utilizing an in-house administrative law judge. Thus, the new rules and amendments incorporate the legislatively mandated changes. The new rules and amendments will also be proposed simultaneously in this issue of the Texas Register.
The new rules and amendments are adopted on an emergency basis under the Texas Appraiser Licensing and Certification Act, Subchapter D, Board Powers and Duties (Occupations Code, Chapter 1103), which provides the board with authority to adopt rules under §1103.151, Rules Relating to Certification and Licenses, §1103.154, Rules Relating to Professional Conduct a and §1103.508, Subchapter K. Contested Hearings.
No other code, article, or statute is affected by this emergency adoption.
§157.15.Decision.
(a) The administrative law judge shall serve on the parties a proposal for decision which shall contain:
(1) a statement of the administrative law judge's proposed reasons for the decision;
(2) findings of fact and conclusions of law, separately stated, that are necessary to the proposed decision.
(b) Service. When a decision is prepared, a copy of the decision shall be served by the administrative law judge on each party, the respondent's attorney of record or representative, and the board. Service of the decision shall be in accordance with Section 157.9(b) of this title (relating to Notice of Hearing).
§157.16.Exceptions and Replies.
(a) Entitlement. Any party of record who is aggrieved by the administrative law judge's decision shall have the opportunity to file exceptions to the decision within 20 days from the date of service of the decision. Replies to the exceptions may be filed by the other party within 20 days of the filing of the exception.
(b) Exceptions and replies shall be filed by the administrative law judge.
§157.17.Final Decisions and Orders.
(a) Board Action. The proposal for decision may be acted upon by the board after the expiration of 60 days after the date of service of the proposal for decision. Parties shall be notified either personally or by mail of any decision or order. On written request, a copy of the decision or order shall be deliver or mailed to any party and to the respondent's attorney of record.
(b) Imminent Peril. If the board finds that an imminent peril to the public health, safety, or welfare requires immediate effect on a final decision or order in a contested case, it shall recite the finding in the decision or order as well as the fact that the decision or order is final and effective on the date rendered, in which event the decision or order is final and appealable on the date rendered, and no motion for rehearing is required as a prerequisite for appeal.
§157.18.Motions for Rehearing; Finality of Decisions.
(a) Filing times. A motion for rehearing must be filed
within 20 days after a party has been notified, either in person or
by certified mail, return receipt requested, of the final decision
or order
made
by the
board
[
administrative
law judge
].
(b) - (d) (No change.)
This agency hereby certifies that the emergency adoption 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 August 20, 2007.
TRD-200703751
Troy Beaulieu
Attorney
Texas Appraiser Licensing and Certification Board
Effective Date: September 1, 2007
Expiration Date: December 29, 2007
For further information, please call: (512) 465-3959
Chapter 371. EXAMINATION AND LICENSURE
The Texas State Board of Podiatric Medical Examiners proposes emergency amendments to §371.3 regarding Fees. The changes to §371.3 are being proposed to cover the cost of the Article VIII salary increase contingency rider approved by the 80th Legislature for Article VIII agencies. The reason for the emergency is that the board's renewal period begins September 1, 2007. We must have the new fees in place in order to be able to collect the additional fees required to be appropriated the additional funds for the classified salary increase.
Hemant Makan, Executive Director, has determined that for each year of the first five years the rule is in effect, there will be no fiscal implications for state or local government as a result of adopting the section.
Mr. Makan has also determined that for each year for the first five years the rule is in effect, the public benefit anticipated as a result of adopting the changes for §371.3 will be to retain licensure and enforcement staff to ensure public safety There will be no effect on small or micro-businesses. The minimal cost to persons (i.e., licensees) who are required to comply with the change to §371.3 will be $5.00.
Comments on or about the emergency changes may be submitted to Janie Alonzo, Staff Services Officer V, Texas State Board of Podiatric Medical Examiners, P.O. Box 12216, Austin, TX 78711-2216, Janie.Alonzo@foot.state.tx.us.
The changes are being proposed under Texas Occupations Code, §202.151, which provides the Texas State Board of Podiatric Medical Examiners with the authority to adopt reasonable or necessary rules and bylaws consistent with the law regulating the practice of podiatry, the laws of this state, and the law of the United States to govern its proceedings and activities, the regulation of the practice of podiatry and the enforcement of the law regulating the practice of podiatry.
The proposed change for §371.3 implements Texas Occupations Code, §202.153 Fees.
§371.3.Fees.
(a) The fees set by the Board and collected by the Board must be sufficient to meet the expenses of administering the Podiatric Medical Practice Act, subsequent amendments, and the applicable rules and regulations.
(b) Fees are as follows:
(1) Examination--$250 plus $39 fee for HB660 (criminal history record information)
(2) Re-Examination--$250 plus $39 fee for HB660 (criminal history record information)
(3) Temporary License--$125
(4) Extended Temporary License--$50
(5) Temporary Faculty License--$40
(6) Provisional License--$125
(7) Initial Licensing Fee--
$444
[
$439
]
plus $5 fee for HB2985
(8) Annual Renewal--
$444
[
$439
]
plus $1 fee for HB2985
(9) Renewal Penalty--as specified in Texas Occupations Code, §202.301(d).
(10) Non certified podiatric technician registration--$35
(11) Non certified podiatric technician renewal--$35
(12)
Hyperbaric Oxygen
[
H.B.O.
]
Certificate--$25
(13) Nitrous Oxide Registration--$25
(14) Duplicate License--$50.
(15) Copies of Public Records--The charges to any person
requesting copies of any public record of the Board will be the charge
established by the
appropriate state authority
[
Texas
Building and Procurement Commission
]. The Board may reduce or
waive these charges at the discretion of the Executive Director if
there is a public benefit.
(16) Statute and Rule Notebook--provided at cost to the agency.
(17) Duplicate Certificate--$10.
(18) HB660 (criminal history record information)--$39.
This agency hereby certifies that the emergency adoption 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 August 20, 2007.
TRD-200703737
Janie Alonzo
Staff Services Officer V
Texas State Board of Podiatric Medical Examiners
Effective Date: September 1, 2007
Expiration Date: December 29, 2007
For further information, please call: (512) 305-7000