PART 1. FINANCE COMMISSION OF TEXAS
CHAPTER 9. RULES OF PROCEDURE FOR CONTESTED CASE HEARINGS, APPEALS, AND RULEMAKINGS
SUBCHAPTER A. GENERAL
The Finance Commission of Texas (commission) adopts amendments to 7 TAC §9.1, concerning Definitions and Interpretation; Severability. The amendments are adopted without changes to the proposal published in the July 4, 2008, issue of the Texas Register (33 TexReg 5167).
The purpose of the amendments to §9.1 is to make technical corrections. Technical revisions have been made to §9.1 to reflect the name change of the "savings and loan department" to the "department of savings and mortgage lending," as found in Texas Finance Code, §13.0015.
The commission received no written comments on the proposal.
The amendments are adopted pursuant to Government Code, §2001.004, which requires a state agency to adopt rules of practice stating the nature and requirements of all available formal and informal procedures. The amendments are also adopted under specific rulemaking authority contained in the substantive statutes administered by the finance agencies under the jurisdiction of the commission, including Finance Code, §§11.302, 11.306, 66.002, 96.002, 156.102, 181.003, 201.003.
The statutory provisions affected by the adopted amendments are contained in Finance Code, Chapters 11, 13, 61, 66, 91, 96, 156, 201.
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 August 8, 2008.
TRD-200804220
Leslie L. Pettijohn
Executive Director
Finance Commission of Texas
Effective date: August 28, 2008
Proposal publication date: July 4, 2008
For further information, please call: (512) 936-7621
The Finance Commission of Texas (commission) adopts amendments to 7 TAC §9.16, concerning Pleadings, §9.26, concerning Applicability of Texas Rules of Evidence, and §9.29, concerning Stipulations. The amendments are adopted without changes to the proposal published in the July 4, 2008, issue of the Texas Register (33 TexReg 5168).
In general, the purpose of the adopted amendments is to codify existing practice and to provide better clarity for litigants in the contested case hearings process. The individual purposes of each section are contained in the following paragraphs.
The purpose of the amendments to §9.16 is to codify the existing practice regarding requirements for pleading and proving affirmative defenses when an application has been denied based on the applicant's criminal history.
The purpose of the amendments to §9.26 is to clarify the former rule to remove any ambiguity in §9.26(b). The adopted amendments reflect that letters of recommendation submitted to a finance agency during the investigation stage will be considered by the agency but will not be admitted into evidence absent the satisfaction of an exception to the hearsay rule or admission without objection.
The purpose of the amendments to §9.29 is to codify the existing practice of allowing oral stipulations on the record at a hearing.
The commission received no written comments on the proposal.
The amendments are adopted pursuant to Government Code, §2001.004, which requires a state agency to adopt rules of practice stating the nature and requirements of all available formal and informal procedures. The amendments are also adopted under specific rulemaking authority contained in the substantive statutes administered by the finance agencies under the jurisdiction of the commission, including Finance Code, §§11.301, 11.302, 11.304, 11.306, 14.157, 31.003, 66.002, 96.002, 151.102, 154.051, 156.102, 181.003, 201.003, 342.551, 351.003 (Tax Refund Anticipation Loans, Acts 2007, 80th Leg., ch. 135), 351.007 (Property Tax Lenders, Acts 2007, 80th Leg., ch. 1220), 348.513, 371.006, 394.214, and 396.051, Health and Safety Code, §711.012(a) and §712.008, and Tax Code, §32.06.
The statutory provisions affected by the adopted amendments are contained in Finance Code, Chapters 11, 12, 13, 14, 31, 35, 61, 66, 91, 96, 121, 151, 154, 156, 181, 185, 201, 301, 341, 342, 348, 351 (Tax Refund Anticipation Loans, Acts 2007, 80th Leg., ch. 135), 351 (Property Tax Lenders, known as the "Property Tax Lender License Act," Acts 2007, 80th Leg., ch. 1220), 371, 394, 396, Health and Safety Code, Chapters 711 and 712, and Tax Code, §32.06 and §32.065.
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 August 8, 2008.
TRD-200804221
Leslie L. Pettijohn
Executive Director
Finance Commission of Texas
Effective date: August 28, 2008
Proposal publication date: July 4, 2008
For further information, please call: (512) 936-7621
The Finance Commission of Texas (commission) adopts the repeal of 7 TAC §9.18, concerning Issuance, Service, and Return of Subpoenas, §9.23, concerning Summary Judgment, and §9.25, concerning The Hearing. The commission has determined that, due to the types of amendments necessary for these rules, the best process to implement changes is the repeal of the former rules and adoption of new rules in the same location on these issues. Therefore, these rules are being repealed and new rules are adopted elsewhere in this issue of the Texas Register. The repeal is adopted without changes to the proposal published in the July 4, 2008, issue of the Texas Register (33 TexReg 5169).
The commission received no written comments on the proposal.
The repeal is adopted pursuant to Government Code, §2001.004, which requires a state agency to adopt rules of practice stating the nature and requirements of all available formal and informal procedures. The repeal is also adopted under specific rulemaking authority contained in the substantive statutes administered by the finance agencies under the jurisdiction of the commission, including Finance Code, §§11.301, 11.302, 11.304, 11.306, 14.157, 31.003, 66.002, 96.002, 151.102, 154.051, 156.102, 181.003, 201.003, 342.551, 351.003 (Tax Refund Anticipation Loans, Acts 2007, 80th Leg., ch. 135), 351.007 (Property Tax Lenders, Acts 2007, 80th Leg., ch. 1220), 348.513, 371.006, 394.214, and 396.051, Health and Safety Code, §711.012(a) and §712.008, and Tax Code, §32.06.
The statutory provisions affected by the adopted repeal are contained in Finance Code, Chapters 11, 12, 13, 14, 31, 35, 61, 66, 91, 96, 121, 151, 154, 156, 181, 185, 201, 301, 341, 342, 348, 351 (Tax Refund Anticipation Loans, Acts 2007, 80th Leg., ch. 135), 351 (Property Tax Lenders, known as the "Property Tax Lender License Act," Acts 2007, 80th Leg., ch. 1220), 371, 394, 396, Health and Safety Code, Chapters 711 and 712, and Tax Code, §32.06 and §32.065.
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 August 8, 2008.
TRD-200804240
Leslie L. Pettijohn
Executive Director
Finance Commission of Texas
Effective date: August 28, 2008
Proposal publication date: July 4, 2008
For further information, please call: (512) 936-7621
The Finance Commission of Texas (commission) adopts new 7 TAC §9.18, concerning Issuance of Subpoenas, §9.23, concerning Summary Judgment, and §9.25, concerning The Hearing. The rules are adopted without changes to the proposal published in the July 4, 2008, issue of the Texas Register (33 TexReg 5170).
In general, the purpose of the new rules is to codify existing practice and to provide better clarity for litigants in the contested case hearings process. The individual purposes of each section are contained in the following paragraphs.
The purpose of new §9.18 is to conform the issuance of subpoenas to the Administrative Procedure Act (APA). The former rule governing subpoenas tracked the Texas Rules of Civil Procedure, and there is a conflict between those rules and the APA. The APA should govern these proceedings in the event of a conflict between the two sets of rules. Thus, adopted new §9.18 tracks the procedures for issuance of subpoenas provided by the APA.
The purpose of new §9.23 is to provide that certain motions for summary judgment give sufficient notice to opposing parties to allow a valid summary judgment to be issued and to codify existing practice. Subsection (b)(3) of §9.23 and accompanying subparagraphs place the burden of issuing a notice that contains submission deadlines for the opposing party to file affidavits, other written material, and cross-claims or counterclaims, on the moving party. The notice must also contain the time, date, and place where the administrative law judge will hear oral argument on the motion. These notice requirements will ensure that summary judgment hearings are set more promptly. The notice requirements will also help ensure that pro se litigants fully understand what the law requires them to do to avoid an unintentional waiver of their rights. Section 9.23(b)(5) allows the administrative law judge to schedule a motion for summary judgment on the same date as a hearing on the merits of the case.
The purpose of new §9.25 is to reorganize the information in former §9.25 and to add new material that reflects existing practice. The new material places the burden of proof on the agency when the agency denies a renewal of an existing license. The new information places the burden on the applicant to prove the applicant satisfies the requirements for the license under Chapter 53 of the Occupations Code (relating to collateral consequences of a criminal conviction) or to prove any mitigating circumstances surrounding any conviction or deferred adjudication. This new material codifies the administrative law judge's decisions related to these issues.
The commission received no written comments on the proposal.
The new rules are adopted pursuant to Government Code, §2001.004, which requires a state agency to adopt rules of practice stating the nature and requirements of all available formal and informal procedures. The new rules are also adopted under specific rulemaking authority contained in the substantive statutes administered by the finance agencies under the jurisdiction of the commission, including Finance Code, §§11.301, 11.302, 11.304, 11.306, 14.157, 31.003, 66.002, 96.002, 151.102, 154.051, 156.102, 181.003, 201.003, 342.551, 351.003 (Tax Refund Anticipation Loans, Acts 2007, 80th Leg., ch. 135), 351.007 (Property Tax Lenders, Acts 2007, 80th Leg., ch. 1220), 348.513, 371.006, 394.214, and 396.051, Health and Safety Code, §711.012(a) and §712.008, and Tax Code, §32.06.
The statutory provisions affected by the adopted new rules are contained in Finance Code, Chapters 11, 12, 13, 14, 31, 35, 61, 66, 91, 96, 121, 151, 154, 156, 181, 185, 201, 301, 341, 342, 348, 351 (Tax Refund Anticipation Loans, Acts 2007, 80th Leg., ch. 135), 351 (Property Tax Lenders, known as the "Property Tax Lender License Act," Acts 2007, 80th Leg., ch. 1220), 371, 394, 396, Health and Safety Code, Chapters 711 and 712, and Tax Code, §32.06 and §32.065.
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 August 8, 2008.
TRD-200804222
Leslie L. Pettijohn
Executive Director
Finance Commission of Texas
Effective date: August 28, 2008
Proposal publication date: July 4, 2008
For further information, please call: (512) 936-7621