Texas Department of Insurance, Division of Workers' Compensation
Title 28, Part 2
Pursuant to the notice of proposed rule review published in the August 8, 2008, issue of the Texas Register (33 TexReg 6397), the Texas Department of Insurance, Division of Workers' Compensation has reviewed and considered for readoption, revision or repeal all sections as they existed on August 8, 2008, of the following chapter of Title 28, Part 2 of the Texas Administrative Code, in accordance with Texas Government Code §2001.039: Chapter 102, Practices and Procedures--General Provisions.
The Department considered, among other things, whether the reasons for adoption of this rule continue to exist. The Department received no written comments regarding the review of its rule.
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 Chapter 102. The completion of the review of this chapter concludes the rule review process.
TRD-200806553
Dirk Johnson
General Counsel
Texas Department of Insurance, Division of Workers' Compensation
Filed: December 18, 2008
Pursuant to the notice of proposed rule review published in the May 2, 2008, issue of the Texas Register (33 TexReg 3652), the Texas Department of Insurance, Division of Workers' Compensation has reviewed and considered for readoption, revision or repeal all sections as they existed on May 2, 2008, of the following chapter of Title 28, Part 2 of the Texas Administrative Code, in accordance with Texas Government Code §2001.039: Chapter 116, General Provisions--Subsequent Injury Fund.
The Department considered, among other things, whether the reasons for adoption of this chapter 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 Chapter 116. The completion of the review of this chapter concludes the rule review process.
TRD-200806554
Dirk Johnson
General Counsel
Texas Department of Insurance, Division of Workers' Compensation
Filed: December 18, 2008
Pursuant to the notice of proposed rule review published in the May 2, 2008, issue of the Texas Register (33 TexReg 3652), the Texas Department of Insurance, Division of Workers' Compensation has reviewed and considered for readoption, revision or repeal all sections as they existed on May 2, 2008, of the following chapter of Title 28, Part 2 of the Texas Administrative Code, in accordance with Texas Government Code §2001.039: Chapter 147, Dispute Resolution--Agreements, Settlements, Commutations.
The Department considered, among other things, whether the reasons for adoption of this rule continue to exist. The Department received no written comments regarding the review of its rule.
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 Chapter 147. The completion of the review of this chapter concludes the rule review process.
TRD-200806555
Dirk Johnson
General Counsel
Texas Department of Insurance, Division of Workers' Compensation
Filed: December 18, 2008
Pursuant to the notice of proposed rule review published in the May 2, 2008, issue of the Texas Register (33 TexReg 3653), the Texas Department of Insurance, Division of Workers' Compensation has reviewed and considered for readoption, revision or repeal all sections as they existed on May 2, 2008, of the following chapter of Title 28, Part 2 of the Texas Administrative Code, in accordance with Texas Government Code §2001.039: Chapter 152, Attorneys' Fees.
The Department considered, among other things, whether the reasons for adoption of this rule continue to exist. The Department received no written comments regarding the review of its rule.
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 Chapter 152. The completion of the review of this chapter concludes the rule review process.
TRD-200806556
Dirk Johnson
General Counsel
Texas Department of Insurance, Division of Workers' Compensation
Filed: December 18, 2008
Title 16, Part 4
The Texas Department of Licensing and Regulation ("Department") filed a notice of intent to review and consider for re-adoption, revision, or repeal, 16 Texas Administrative Code ("TAC") Chapter 59, Continuing Education Requirements in accordance with the requirements of Texas Government Code, §2001.039. The Notice of Intent to Review was published in the October 10, 2008, issue of the Texas Register (33 TexReg 8561).
In accordance with the requirements of Texas Government Code, §2001.039, the Department reviewed the administrative rules of 16 TAC, Chapter 59, Continuing Education Requirements, to determine if the reasons for initially adopting the rules continue to exist. The Department determined that the rules are still essential in implementing the provisions of Texas Occupations Code, Chapter 51, in particular §51.405, and recommended to the Commission the re-adoption of Chapter 59.
If the Department proposes to amend 16 TAC Chapter 59 before the next four-year rule review, the proposed changes will be published in the Proposed Rules section of the Texas Register and will be open for public comment prior to final adoption by the Commission in accordance with the requirements of the Administrative Procedure Act, Texas Government Code, Chapter 2001.
As noted above, the Notice of Intent to Review was published in the October 10, 2008, issue of the Texas Register and distributed to persons internal and external to the agency. The public comment period closed on November 10, 2008. The Department did not receive any public comments on the notice.
The rules are re-adopted by the Commission in accordance with Texas Government Code, §2001.039. This concludes the review of 16 TAC Chapter 59, Continuing Education Requirements.
TRD-200806601
William H. Kuntz, Jr.
Executive Director
Texas Department of Licensing and Regulation
Filed: December 18, 2008
Title 43, Part 1
The Texas Department of Transportation (department) files notice of the completion of review and the readoption of Title 43 TAC Part 1, Chapter 2, Environmental Policy, Chapter 7, Rail Facilities, and Chapter 8, Motor Vehicle Distribution.
This review and readoption has been conducted in accordance with Government Code, §2001.039. The Texas Transportation Commission (commission) has reviewed these rules and determined that the reasons for adopting them continue to exist. The department received no comments on the proposed rule review, which was published in the October 24, 2008, issue of the Texas Register (33 TexReg 8813).
Independent of this review, the commission in November 2008 proposed amendments to §2.1 relating to general and emergency environmental action procedures as published in the December 5, 2008, issue of the Texas Register (33 TexReg 9954).
This concludes the review of Chapters 2, 7, and 8.
Questions regarding this rule review may be submitted in writing to Bob Jackson, General Counsel, Texas Department of Transportation, 125 East 11th Street, Austin, Texas 78701-2483, or by phone at (512) 463-8630.
TRD-200806578
Bob Jackson
General Counsel
Texas Department of Transportation
Filed: December 18, 2008