Texas Appraiser Licensing and Certification Board
Title 22, Part 8
Chapter 155, Rules Relating to Standards of Practice and 157, and Rules Relating to Practice and Procedure
The Texas Appraiser Licensing and Certification Board (TALCB) proposes to review Chapter 155, Rules Relating to Standards of Practice and 157, Rules Relating to Practice and Procedure in accordance with the Texas Government Code, §2001.039.
Review of the rules under this chapter will determine whether the reasons for adoption of the rules continues to exist. During the review process, TALCB may also determine that a specific rule may need to be amended to further refine TALCB's legal and policy considerations, whether the rules reflect current TALCB procedures, that no changes to a rule as currently in effect are necessary, or that a rule is not longer valid or applicable. Rules will also be combined or reduced for simplification and clarity when feasible. Readopted rules will be noted in the Texas Register's Rules Review section without publication of the text. Any proposed amendments or repeal of a rule or chapter as a result of the review will be published in the Proposed Rules section of the Texas Register and will be open for an additional 30-day public comment period prior to final adoption or repeal.
The Texas Appraiser Licensing and Certification Board invites comments during the review process for 30 days following the publication of this notice in the Texas Register. Any questions or comments pertaining to this notice of intention to review should be directed to Wayne Thorburn, Commissioner, Texas Appraiser Licensing and Certification Board, P.O. Box 12188, Austin, Texas 78711-2188 within 30 days of publication.
TRD-200700950
Wayne Thorburn
Commissioner
Texas Appraiser Licensing and Certification Board
Filed: March 12, 2007
Texas Appraiser Licensing and Certification Board
Title 22, Part 8
The Texas Appraiser Licensing and Certification Board adopts the review of Chapter 153, Rules Relating to Provisions of the Texas Appraiser Licensing and Certification Act in accordance with §2001.039 of the Texas Government Code and the related rules of the Secretary of State.
The proposed notice of intent to review was published in the October 6, 2006, issue of the Texas Register (31 TexReg 8389).
TALCB received no comments regarding the readoption of Chapter 153.
TALCB has assessed whether the reasons for adopting or readopting the rules in Chapter 153 continue to exist. In conjunction with the review of Chapter 153, TALCB readopts the following sections without amendments.
§153.5. Fees.
§153.10. Date of Licensure.
§153.13. Educational Requirements.
§153.17. Renewal or Extension of Certification and License or Renewal of Trainee Approval.
§153.18. Appraiser Continuing Education.
§153.23. Inactive Certificate or License.
§153.25. Temporary Non-Resident Registration.
§153.31. Office Location.
§153.33. Signature or Endorsement of Appraisal.
As part of the rule review, TALCB proposes readoption of the following sections with amendments, as published elsewhere in this issue of the Texas Register .
§153.1. Definitions.
§153.3. The Board.
§153.7. Categories of Appraiser Certification and Licensing.
§153.8. Scope of Practice.
§153.9. Applications.
§153.11. Examinations.
§153.15. Experience Required for Certification or Licensing.
§153.16. Provisional License.
§153.19. Licensing and Certification for Persons with Criminal Histories.
§153.20. Guidelines for Revocation, Suspension or Denial of Licensure or Certification.
§153.21. Appraiser Trainees and Sponsors.
§153.22. License Holder's Responsibility to the Board.
§153.24. Processing a Complaint.
§153.27. Certification and Licensure by Reciprocity.
§153.37. Offenses with Criminal, Civil, and Administrative Penalties.
TALCB finds that, with those changes, described above, the rules in Chapter 153 reflect current law, policy, and procedure and are needed, and the reasons for initially adopting the rules continue to exist. TALCB, therefore, readopts Chapter 153 and the rules contained in it, as described in this notice.
This concludes the review of Chapter 153.
TRD-200700948
Wayne Thorburn
Commissioner
Texas Appraiser Licensing and Certification Board
Filed: March 12, 2007
Title 28, Part 2
Pursuant to the notice of proposed rule review published in the September 22, 2006, issue of the Texas Register (31 TexReg 8111), the Texas Department of Insurance, Division of Workers’ Compensation has reviewed and considered for readoption, revision or repeal all sections as they existed on September 22, 2006, of the following chapters of Title 28, Part 2 of the Texas Administrative Code, in accordance with Texas Government Code §2001.039: Chapter 43, Insurance Coverage; Chapter 45, Employer’s Report of Injury or Disease; Chapter 53, Carrier’s Report of Initiation and Suspension of Compensation Payments.
The Department considered, among other things, whether the reasons for adoption of these rules continue to exist. The Department received no written comments regarding the review of its rules.
The Department has determined that with the exception of §43.20 Required Information to Insureds the reasons for adopting the remaining sections continue to exist and those sections are retained in their present form. Section 43.20 will be repealed at a later date. However, other sections that were reviewed may be subsequently revised in accordance with the Department’s internal procedures. Any such revisions will be accomplished in accordance with the Texas Administrative Procedure Act.
This concludes the Department’s review of Chapters 43, 45, and 53. The completion of the review of these chapters concludes the rule review process.
TRD-200701127
Norma Garcia
Deputy Commissioner Assistant
Texas Department of Insurance, Division of Workers’ Compensation
Filed: March 21, 2007
Pursuant to the notice of proposed rule review published in the September 22, 2006, issue of the Texas Register (31 TexReg 8112), the Texas Department of Insurance, Division of Workers’ Compensation has reviewed and considered for readoption, revision or repeal all sections as they existed on September 22, 2006, of the following chapters of Title 28, Part 2 of the Texas Administrative Code, in accordance with Texas Government Code §2001.039: Chapter 64, Representing Claimants Before the Board; Chapter 67, Allegations of Fraud and Chapter 109, Workers’ Compensation Coverage for State Employees.
The Department considered, among other things, whether the reasons for adoption of these rules continue to exist. The Department received no written comments regarding the review of its rules.
The Department has determined that the reasons for adopting the remaining sections continue to exist and those sections are retained in their present form. However, other sections that were reviewed may be subsequently revised in accordance with the Department’s internal procedures. Any such revisions will be accomplished in accordance with the Texas Administrative Procedure Act.
This concludes the Department’s review of Chapters 64, 67 and 109. The completion of the review of these chapters concludes the rule review process.
TRD-200701128
Norma Garcia
Deputy Commissioner Assistant
Texas Department of Insurance, Division of Workers’ Compensation
Filed: March 21, 2007
Pursuant to the notice of proposed rule review published in the October 27, 2006, issue of the Texas Register (31 TexReg 8851), the Texas Department of Insurance, Division of Workers’ Compensation has reviewed and considered for readoption, revision or repeal all sections as they existed on October 27, 2006, of the following chapters of Title 28, Part 2 of the Texas Administrative Code, in accordance with Texas Government Code §2001.039: Chapter 65, Unethical or Fraudulent Claims Practices; and Chapter 69, Medical Examination Orders.
The Department considered, among other things, whether the reasons for adoption of these rules continue to exist. The Department received no written comments regarding the review of its rules.
The Department has determined that the reasons for adopting the remaining sections continue to exist and those sections are retained in their present form. However, other sections that were reviewed may be subsequently revised in accordance with the Department’s internal procedures. Any such revisions will be accomplished in accordance with the Texas Administrative Procedure Act.
This concludes the Department’s review of Chapters 65, and 69. The completion of the review of these chapters concludes the rule review process.
TRD-200701129
Norma Garcia
Deputy Commissioner Assistant
Texas Department of Insurance, Division of Workers’ Compensation
Filed: March 21, 2007