Texas Department of Agriculture
Title 4, Part 1
The Texas Department of Agriculture (the department) proposes to review Title 4, Texas Administrative Code, Part 1, Chapter 17, Subchapters A - H, concerning Marketing and Promotion, pursuant to the Texas Government Code, §2001.039. Section 2001.039 requires state agencies to review and consider for readoption each of their rules every four years. The review must include an assessment of whether the original justification for the rules continues to exist.
The assessment of Chapter 17, Subchapters A - H, by the department at this time indicates that the reason for readopting without changes all sections in Chapter 17, Subchapters A - H, continues to exist.
The department is accepting comments on the review of Chapter 17, Subchapters A - H. Comments on the review must be submitted within 30 days following the publication of this notice in the Texas Register . Comments may be submitted to Gene Richards, Assistant Commissioner for Marketing and Promotion, Texas Department of Agriculture, P.O. Box 12847, Austin, Texas 78711.
TRD-200802449
Dolores Alvarado Hibbs
General Counsel
Texas Department of Agriculture
Filed: May 12, 2008
Title 10, Part 1
The Texas Department of Housing and Community Affairs ("Department") files this Notice of Intent to Review the following sections of Title 10 of the Texas Administrative Code, Chapter 1, Subchapter A, concerning Administration:
§1.3. Delinquent Audits and Related Issues.
§1.4. Protest Procedures for Contractors.
§1.6. Historically Underutilized Businesses.
§1.7. Staff Appeals Process.
§1.8. Board Appeals Process.
§1.16. Ethics and Disclosure Requirements for Outside Financial Advisors and Service Providers.
§1.17. Alternative Dispute Resolution and Negotiated Rulemaking.
The text of the rule sections will not be published. The review is being conducted in accordance with Texas Government Code §2001.039, which requires state agencies to review and consider for repeal, readoption or readoption with amendments, their administrative rules every four years. This review shall assess only whether the reasons for initially adopting the rules continue to exist. The Department is not proposing any amendments or repeals at this time.
For 30 days following the publication of this notice, the Department will accept public comments concerning whether the reasons for initially adopting each rule continues to exist.
The Department intends to publish a notice readopting these rules at the end of this comment period unless comments are received that show that the reasons for initially adopting one or more of the above rules no longer exist. If the Department proposes any changes to these rules as a result of this review, the proposed changes 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 proposing any final action.
Any written comments pertaining to this notice should be directed to Kevin Hamby, General Counsel, Texas Department of Housing and Community Affairs, P.O. Box 13941, Austin, Texas 78711-3941, or kevin.hamby@tdhca.state.tx.us.
TRD-200802444
Michael Gerber
Executive Director
Texas Department of Housing and Community Affairs
Filed: May 12, 2008
Title 16, Part 2
The Public Utility Commission of Texas (commission) publishes this notice of intention to review Chapter 22, Procedural Rules, pursuant to Texas Government Code §2001.039, Agency Review of Existing Rules . The text of the rule sections will not be published. The text of the rules may be found in the Texas Administrative Code, Title 16, Economic Regulation, Part 2, or through the commission's website at www.puc.state.tx.us. Project Number 35576, Rule Review of Chapter 22, Procedural Rules, Pursuant to Texas Government Code §2001.039, is assigned to this rule review project.
Texas Government Code §2001.039 requires that each state agency review and readopt, readopt with amendments, or repeal the rules adopted by that agency pursuant to Texas Government Code, Chapter 2001, Subchapter B, Rulemaking. As required by §2001.039(e), this review is to assess whether the reason for adopting or readopting the rules continues to exist. The commission requests specific comments from interested persons on whether the reasons for adopting each section in Chapter 22 continue to exist. The commission's Procedural Rules, Texas Administrative Code, Title 16, Part 2, Chapter 22 establish procedures for practice before the Public Utility Commission of Texas. Chapter 22 governs the initiation, conduct, and determination of proceedings required or permitted by law, including proceedings referred to the State Office of Administrative Hearings, whether instituted by order of the commission or by the filing of an application, complaint, petition or any other pleading.
If it is determined during this review that any section of Chapter 22 needs to be repealed or amended, the repeal or amendment will be initiated under a separate proceeding; thus this notice of intention to review Chapter 22 has no effect on the sections as they currently exist.
Comments on the review of Chapter 22 may be submitted to the Filing Clerk, Public Utility Commission of Texas, 1701 North Congress Avenue, P.O. Box 13326, Austin, Texas 78711-3326, within 30 days after publication. Sixteen copies of comments to the proposed rule review are required to be filed pursuant to §22.71(c) of this title. When filing comments interested persons are requested to comment on the sections in the same order they are found in the chapters and to clearly designate which section is being commented upon. All comments should refer to Project Number 35576.
The notice of intent to review Chapter 22, Procedural Rules, is proposed under the Public Utility Regulatory Act, Texas Utilities Code Annotated §14.002 (Vernon 2007 and Supp. 2007) (PURA), which provides the Public Utility Commission with the authority to make and enforce rules reasonably required in the exercise of its powers and jurisdiction; and Texas Government Code §2001.039 (Vernon 2000 and Supp. 2007) which requires each state agency to review its rules every four years.
Cross Reference to Statutes: Public Utility Regulatory Act §14.002 and §14.052; Texas Government Code §2001.039.
CHAPTER 22. PROCEDURAL RULES
SUBCHAPTER A. GENERAL PROVISIONS AND DEFINITIONS
§22.1. Purpose and Scope.
§22.2. Definitions.
§22.3. Standards of Conduct.
§22.4. Computation of Time.
§22.5. Suspension of Rules and Commission-Prescribed Forms.
SUBCHAPTER B. THE ORGANIZATION OF THE COMMISSION
§22.21. Meetings.
§22.22. Service on the Commission.
SUBCHAPTER C. CLASSIFICATION OF APPLICATIONS OR OTHER DOCUMENTS INITIATING A PROCEEDING
§22.31. Classification in General.
§22.32. Administrative Review.
§22.33. Tariff Filings.
§22.34. Consolidation and Severance.
§22.35. Informal Disposition.
SUBCHAPTER D. NOTICE
§22.51. Notice for Public Utility Regulatory Act, Chapter 36, Subchapters C - E; Chapter 51, §51.009; and Chapter 53, Subchapters C - E, Proceedings.
§22.52. Notice in Licensing Proceedings.
§22.53. Notice of Regional Hearings.
§22.54. Notice To Be Provided by the Commission.
§22.55. Notice in Other Proceedings.
§22.56. Notice of Unclaimed Funds.
SUBCHAPTER E. PLEADINGS AND OTHER DOCUMENTS
§22.71. Filing of Pleadings, Documents and Other Materials.
§22.72. Formal Requisites of Pleadings and Documents to be Filed with the Commission.
§22.73. General Requirements for Applications.
§22.74. Service of Pleadings and Documents.
§22.75. Examination and Correction of Pleadings and Documents.
§22.76. Amended Pleadings.
§22.77. Motions.
§22.78. Responsive Pleadings and Emergency Action.
§22.79. Continuances.
§22.80. Commission Prescribed Forms.
SUBCHAPTER F. PARTIES
§22.101. Representative Appearances.
§22.102. Classification of Parties.
§22.103. Standing to Intervene.
§22.104. Motions to Intervene.
§22.105. Alignment of Parties.
SUBCHAPTER G. PREHEARING PROCEEDINGS
§22.121. Prehearing Conferences.
§22.122. Interim Orders.
§22.123. Appeal of an Interim Order and Motions for Reconsideration of Interim Order Issued by the Commission.
§22.124. Statements of Position.
§22.125. Interim Rate Relief.
§22.126. Bonded Rates.
§22.127. Certification of an Issue to the Commission.
SUBCHAPTER H. DISCOVERY PROCEDURES
§22.141. Forms and Scope of Discovery.
§22.142. Limitations on Discovery and Protective Orders.
§22.143. Depositions.
§22.144. Requests for Information and Requests for Admission of Facts.
§22.145. Subpoenas.
SUBCHAPTER I. SANCTIONS
§22.161. Sanctions.
SUBCHAPTER J. SUMMARY PROCEEDINGS
§22.181. Dismissal of a Proceeding.
§22.182. Summary Decision.
§22.183. Failure to Attend Hearing and Disposition by Default
SUBCHAPTER K. HEARINGS
§22.201. Place and Nature of Hearings.
§22.202. Presiding Officer.
§22.203. Order of Procedure.
§22.204. Transcript and Record.
§22.205. Briefs.
§22.206. Consideration of Contested Settlements.
§22.207. Referral to State Office of Administrative Hearings.
SUBCHAPTER L. EVIDENCE AND EXHIBITS IN CONTESTED CASES
§22.221. Rules of Evidence in Contested Cases.
§22.222. Official Notice.
§22.223. Witnesses To Be Sworn.
§22.224. Documentary Evidence.
§22.225. Written Testimony and Accompanying Exhibits.
§22.226. Exhibits.
§22.227. Offers of Proof.
§22.228. Stipulation of Facts.
SUBCHAPTER M. PROCEDURES AND FILING REQUIREMENTS IN PARTICULAR COMMISSION PROCEEDINGS
§22.241. Investigations.
§22.242. Complaints.
§22.243. Rate Change Proceedings.
§22.244. Review of Municipal Rate Actions.
§22.246. Administrative Penalties.
§22.251. Review of Electric Reliability Council of Texas (ERCOT) Conduct.
§22.252. Procedures for Approval of ERCOT Fees and Rates.
SUBCHAPTER N. DECISION AND ORDERS
§22.261. Proposals for Decision.
§22.262. Commission Action after a Proposal for Decision.
§22.263. Final Orders.
§22.264. Rehearing.
SUBCHAPTER O. RULEMAKING
§22.281. Initiation of Rulemaking.
§22.282. Notice and Public Participation in Rulemaking Procedures.
§22.283. Emergency Adoption.
§22.284. Informal Information Gathering.
TRD-200802412
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: May 8, 2008
Texas Higher Education Coordinating Board
Title 19, Part 1
The Texas Higher Education Coordinating Board adopts the review of Chapter 17, concerning Campus Planning. The proposed notice of review was published in the February 22, 2008, issue of the Texas Register (33 TexReg 1607). During its review, the Board determined that the initial reasons for adopting these sections continue to exist. The rules are therefore readopted in accordance with the requirements of the Texas Government Code, §2001.039.
No comments were received regarding adoption of the review.
This concludes the Board's review of Chapter 17 as required by the Texas Government Code, §2001.039.
TRD-200802420
Bill Franz
General Counsel
Texas Higher Education Coordinating Board
Filed: May 8, 2008
The Texas Higher Education Coordinating Board adopts the review of Chapter 21, concerning Student Services. The proposed notice of review was published in the February 22, 2008, issue of the Texas Register (33 TexReg 1607). During its review, the Board determined that the initial reasons for adopting these sections continue to exist. The rules are therefore readopted in accordance with the requirements of the Texas Government Code, §2001.039.
No comments were received regarding adoption of the review.
This concludes the Board's review of Chapter 21 as required by the Texas Government Code, §2001.039.
TRD-200802421
Bill Franz
General Counsel
Texas Higher Education Coordinating Board
Filed: May 8, 2008
The Texas Higher Education Coordinating Board adopts the review of Chapter 22, concerning Grant and Scholarship Programs. The proposed notice of review was published in the February 22, 2008, issue of the Texas Register (33 TexReg 1607). During its review, the Board determined that the initial reasons for adopting these sections continue to exist. The rules are therefore readopted in accordance with the requirements of the Texas Government Code, §2001.039.
No comments were received regarding adoption of the review.
This concludes the Board's review of Chapter 22 as required by the Texas Government Code, §2001.039.
TRD-200802422
Bill Franz
General Counsel
Texas Higher Education Coordinating Board
Filed: May 8, 2008
The Texas Higher Education Coordinating Board adopts the review of Chapter 25, concerning Optional Retirement Program. The proposed notice of review was published in the February 22, 2008, issue of the Texas Register (33 TexReg 1607). During its review, the Board determined that the initial reasons for adopting these sections continue to exist. The rules are therefore readopted in accordance with the requirements of the Texas Government Code, §2001.039.
No comments were received regarding adoption of the review.
This concludes the Board's review of Chapter 25 as required by the Texas Government Code, §2001.039.
TRD-200802423
Bill Franz
General Counsel
Texas Higher Education Coordinating Board
Filed: May 8, 2008
Title 22, Part 11
The Texas Board of Nursing adopts the review of Chapters 213 (Practice and Procedure), 216 (Continuing Education), and 221 (Advanced Practice Nurses) pursuant to Texas Government Code §2001.039. The proposed review was published in the April 11, 2008, issue of the Texas Register (33 TexReg 2984).
The Board determined that the original reason for adopting these chapters continues to exist.
No comments were received in response to the publication of the proposed rule review.
TRD-200802493
Katherine Thomas
Executive Director
Texas Board of Nursing
Filed: May 13, 2008