Proposed Sections Before an agency may permanently adopt a new or amended section, or repeal an existing section, a proposal detailing the action must be published in the Texas Register at least 30 days before any action may be taken. The 30-day time period gives interested persons an opportunity to review and make oral or written comments on the section. Also, in the case of substantive sections, a public hearing must be granted if requested by at least 25 persons, a governmental subdivision or agency, or an association having at least 25 members. Symbology in proposed amendments. New language added to an existing section is indicated by the use of bold text. [Brackets] indicate deletion of existing material within a section. TITLE 4. AGRICULTURE Part I. Texas Department of Agriculture Chapter 15. Consumer Services Division Texas Weights and Measures 4 TAC sec.15.9 The Texas Department of Agriculture (the department) proposes amendments to sec.15.9 concerning registration of commercial scale and meter-service agencies and service persons. The purpose of these changes is to clarify and update the existing regulations and add new fees that were established by the 72nd Legislature. The amendments to sec.15.9 are part of a new comprehensive program established by the department for regulation of commercial scale and meter- service agencies and service persons. The amendments clarify the section and update terms used in the regulations. The amendments will also add the newly established application fees for individual service persons and service agencies, as well as extend the amount of time for returning new installation reports and out-of-order tags to the department. James H. Eskew, coordinator for Metrology Labs, has determined that for the first five-year period that the proposed section is in effect, there will be fiscal implications for state government as a result of enforcing or administering the section. The effect on state government for the first five- year period the section is in effect is an estimated increase in revenue of $59,500 per year and an estimated additional cost to administer of $34,000 per year. There will be no fiscal implications for local government or local employment as a result of enforcing or administering the section. Mr. Eskew also has determined that for each year of the first five years the section is in effect, the public benefit anticipated as a result of enforcing the section will be improved commercial scale and meter service, improved enforcement of state weights and measures law, improved consumer protection, and fairer trade in commodities and products that are sold by weight or measure in this state. There will be no effect on small businesses. The anticipated economic cost to persons who are required to comply with the amendments as proposed will be $25 per year in the form of a new registration fee, and the anticipated economic cost to service agencies that are required to comply with the amendments as proposed will be $50 per year in the form of a new registration fee. Comments may be submitted to James H. Eskew, Coordinator or Metrology Labs, Texas Department of Agriculture, P.O. Box 12847, Austin, Texas 78711. Comments must be received no later than 30 days from the date of publication of this proposal in the Texas Register. The amendments are proposed under Texas Agriculture Code s13.002, which provides the Texas Department of Agriculture with the authority to enforce the provisions of Chapter 13, Texas Agriculture Code, concerning the sale and use of weights and measures and to supervise all weights and measures sold in this state; and the General Appropriations Act, House Bill 1, 72nd Regular Session, 1991, which establishes fee rates for the registration and issuance of the registration card issued to registered service persons and certificates of registration issued to registered service agencies by the Texas Department of Agriculture. sec.15.9. Registration of Service Persons [Servicemen] and Service Agencies.
    Registration of service persons
      [servicemen] and service agencies for weighing and measuring devices shall conform with the following. (1) Any individual person and service agency may apply for voluntary registration to service weighing or measuring devices. Such applications must be submitted on a form supplied by the department, along with the following fee: (A) individual service person -$25; and (B) service agency-$50. (2) (No change.) (3) Persons and agencies approved by the department shall be issued a registered service person's
        [servicemen's] card or an agencies' certificate of registration, as appropriate,
          stamped with an individual identifying number and letter or symbol, which shall serve to identify the person or agency
            and the type and capacity of device the person or
              [and] agency is
                [are] authorized to place in service or return to service. The
                  [This] card or certificate
                    shall be valid for such duration of time as indicated on the face of the card or certificate. (4) No service person
                      [serviceman] registered with the department shall remove any out-of-order tag or issue any new installation
                        [placing in service] report on a weighing or measuring device that does not perform within its
                          [its'] prescribed tolerances for accuracy, or which does not meet the specifications for the type of device. No registered service person
                            [serviceman] shall remove an out-of-order tag or place in service a newly installed weighing or measuring device without first conducting an acceptable test of the device. New installation
                              [Placing in service] reports shall be submitted to the department on a form supplied by the department [,] within 10
                                [three working] days of the time the device is placed in commercial service. Out-of-order tags shall be returned to the department, as prescribed, within 10
                                  [five working] days following removal. [(5) The department may, for good cause, after careful investigation and consideration, suspend, or revoke a serviceman's registration.] This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on January 28, 1992. TRD-9201319 Dolores Alvarado Hibbs Chief Administrative Law Judge Texas Department of Agriculture Earliest possible date of adoption: March 6, 1992 For further information, please call: (512) 463-7583 TITLE 16. ECONOMIC REGULATION Part VIII. Texas Racing Commission Chapter 303. General Provisions Subchapter A. Organization of the Commission 16 TAC sec.303.6 The Texas Racing Commission proposes an amendment to sec.303.6, concerning commission officers. The amendment changes the procedure for electing a vice- chair for the commission. Paula Cochran Carter, general counsel for the Texas Racing Commission, has determined that for the first five-year period the section is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the section. Ms. Carter also has determined that for each year of the first five years the section is in effect the public benefit anticipated as a result of enforcing the section will be the assurance that the commission operates in accordance with state law. There will be no effect on small businesses as a result of enforcing the section. There is no anticipated economic cost to persons who are required to comply with the section as proposed. Comments on the proposal may be submitted on or before March 3, 1992, to Paula Cochran Carter, General Counsel for the Texas Racing Commission, P.O. Box 12080, Austin, Texas 78711. The amendment is proposed under Texas Civil Statutes, Article 179e, sec.3.02, which authorize the commission to adopt rules for conducting racing with wagering and for administering the Texas Racing Act. sec.303.6. Commission Officers. (a) [The commission shall elect one of the members to serve as chairman for a term of two years.] In January of even-numbered years, the
                                    [The] commission shall elect one of the members to serve as vice-chair
                                      [vice- chairman] for a term of two years. The vice-chair must be a member of the section of the commission opposite that on which the chair serves.
                                        [The chairman and vice-chairman must be elected from different sections of the commission.] (b) In the event of a vacancy in the
                                          [either] office of vice- chair
                                            , the vacancy shall be filled for the unexpired term on majority vote of the commission at the next regular meeting of the commission. (c) In the absence of the chair and vice-chair
                                              [chairman and vice- chairman] from a meeting of the commission, the remaining members shall elect a pro-tem presiding officer who shall serve until the conclusion of the meeting or until the arrival of the chair or vice-chair
                                                [chairman or vice- chairman]. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on January 17, 1992. TRD-9201228 Paula Cochran Carter General Counsel Texas Racing Commission Earliest possible date of adoption: March 6, 1992 For further information, please call: (512) 794-8461 Chapter 309. Operation of Racetracks Subchapter B. Horse Racetracks Operations 16 TAC sec.309.194 The Texas Racing Commission proposes an amendment to sec.309.194, concerning helmets. The amendment clarifies the requirements for wearing a helmet by individuals riding on horses as pari-mutuel racetracks. Paula Cochran Carter, general counsel for the Texas Racing Commission, has determined that for the first five-year period the section is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the section. Ms. Carter also has determined that for each year of the first five years the section is in effect the public benefit anticipated as a result of enforcing the section will be the assurance that pari-mutuel racing is safe for all licensees. There will be no effect on small businesses as a result of enforcing the section. There is no anticipated economic cost to persons who are required to comply with the section as proposed. Comments on the proposal may be submitted on or before March 3, 1992, to Paula Cochran Carter, General Counsel for the Texas Racing Commission, P.O. Box 12080, Austin, Texas 78711. The amendment is proposed under Texas Civil Statutes, Article 179e, sec.3.02, which authorize the commission to adopt rules for conducting racing with wagering and for administering the Texas Racing Act and sec.6.06, which authorize the commission to adopt rules relating to the operation of racetracks. sec.309.194. Helmets. An association may not permit an individual to gallop or pony
                                                  [be mounted on] a horse or ride a horse in a race
                                                    unless the individual is wearing a properly fastened helmet of a type approved by the commission. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on January 17, 1992. TRD-9201236 Paula Cochran Carter General Counsel Texas Racing Commission Earliest possible date of adoption: March 6, 1992 For further information, please call: (512) 794-8461 Chapter 313. Officials and Rules of Horse Racing Subchapter A. Officials Duties of Stewards 16 TAC sec.313.21 The Texas Racing Commission proposes an amendment to sec.313.21, concerning eligibility for appointment. The amendment clarifies the requirements of a written examination for stewards. Paula Cochran Carter, general counsel for the Texas Racing Commission, has determined that for the first five-year period the section is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the section. Ms. Carter also has determined that for each year of the first five years the section is in effect the public benefit anticipated as a result of enforcing the section will be the assurance that the officials supervising pari-mutuel racing are highly qualified. There will be no effect on small businesses as a result of enforcing the section. There is no anticipated economic cost to persons who are required to comply with the section as proposed. Comments on the proposal may be submitted on or before March 3, 1992, to Paula Cochran Carter, General Counsel for the Texas Racing Commission, P.O. Box 12080, Austin, Texas 78711. The amendment is proposed under Texas Civil Statutes, Article 179e, sec.3.02, which authorize the commission to adopt rules for conducting racing with wagering and for administering the Texas Racing Act and under sec.3.07, which authorize the commission to require annual written examinations for stewards. sec.313.21. Eligibility For Appointment. (a)-(b) (No change.) (c) The executive secretary or a designee of the executive secretary shall administer the written examination for stewards. A passing grade for the written examination is 85%.
                                                      [85 on a scale of 100. The written examination will consist of: [(1) 85 multiple choice questions; and [(2) three essay questions.] (d) (No change.) This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on January 17, 1992. TRD-9201235 Paula Cochran Carter General Counsel Texas Racing Commission Earliest possible date of adoption: March 6, 1992 For further information, please call: (512) 794-8461 Subchapter B. Entries, Declarations, and Allowances Entries 16 TAC sec.313.103 The Texas Racing Commission proposes an amendment to sec.313.103, concerning eligibility requirements. The amendment clarifies the eligibility requirements for entering a horse in a race. Paula Cochran Carter, general counsel for the Texas Racing Commission, has determined that for the first five-year period the section is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the section. Ms. Carter also has determined that for each year of the first five years the section is in effect the public benefit anticipated as a result of enforcing the section will be the assurance that pari-mutuel racing is conducted with the utmost integrity and that horse participation in pari-mutuel races are fit and ready to run. There will be no effect on small businesses as a result of enforcing the section. There is no anticipated economic cost to persons who are required to comply with the section as proposed. Comments on the proposal may be submitted on or before March 3, 1992, to Paula Cochran Carter, General Counsel for the Texas Racing Commission, P.O. Box 12080, Austin, Texas 78711. The amendment is proposed under Texas Civil Statutes, Article 179e, sec.3.02, which authorize the commission to adopt rules for conducting racing with wagering and for administering the Texas Racing Act and sec.6.06, which authorize the commission to adopt rules relating to the operation of racetracks. sec.313.103. Eligibility Requirements. (a) To be entered in a race, a horse must
                                                        [A horse may not enter a race unless]: (1) be
                                                          [the horse is] properly registered with the appropriate national breed registry; (2) be
                                                            [the horse has been] properly tattooed and the horse's registration certificate showing the tattoo number of the horse must be
                                                              [is] on file with the racing secretary before scratch time for the race, unless the stewards authorize the certificate to be filed at a later time; (3) be in the care of a licensed trainer and owned by a licensed owner,
                                                                [the horse is owned by a licensed owner and is in the care of a licensed trainer,] except that the owner and trainer of a horse entered in a stakes race must be licensed before the horse may start in that race; (4) be
                                                                  [the horse is] eligible to enter the race under the conditions of the race
                                                                    [and is entered for the race]; (5) be
                                                                      [the horse is] present on association grounds not later than the time prescribed by the commission veterinarian; and (6) have
                                                                        [the horse has had] two published workouts and be
                                                                          [been] approved by the licensed starter for proficiency in the starting gate, if the horse is to start for the first time. (b)-(e) (No change.) (f) If a horse has started in a race in the 45-day period preceding a race, there is no workout requirement for eligibility to start. If a horse has not started in the 45-day period preceding a race, the horse must have one published workout to be eligible to start in that race. [However, if a horse has not started in the 60-day period preceding the race, the horse must have two published workouts to be eligible to start in that race.] (g) For a horse to be eligible to start in a race, an original certificate indicating a negative Coggin's test for the horse during the six-month period preceding the race must be attached to the horse's registration papers not less than: (1) scratch time, for a race for which there are "also eligible" horses; and (2) one hour before post time for the first race of that day, for a race for which there are not "also eligible" horses. (h) To be entered in a race around a turn, a quarter horse must be approved by the clocker, the outrider and, if the horse is worked from the gate, the starter. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on January 17, 1992. TRD-9201234 Paula Cochran Carter General Counsel Texas Racing Commission Earliest possible date of adoption: March 6, 1992 For further information, please call: (512) 794-8461 16 TAC sec.313.111 The Texas Racing Commission proposes an amendment to sec.313.111, concerning age restrictions. The amendment clarifies the age limitation for a "maiden" horse. Paula Cochran Carter, general counsel for the Texas Racing Commission, has determined that for the first five-year period the section is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the section. Ms. Carter also has determined that for each year of the first five years the section is in effect the public benefit anticipated as a result of enforcing the section will be the assurance that there will be enough horses to conduct high quality pari-mutuel racing. There will be no effect on small businesses as a result of enforcing the section. There is no anticipated economic cost to persons who are required to comply with the section as proposed. Comments on the proposal may be submitted on or before March 3, 1992, to Paula Cochran Carter, General Counsel for the Texas Racing Commission, P.O. Box 12080, Austin, Texas 78711. The amendment is proposed under Texas Civil Statutes, Article 179e, sec.3.02, which authorize the commission to adopt rules for conducting racing with wagering and for administering the Texas Racing Act and sec.6.06, which authorize the commission to adopt rules relating to the operation of racetracks. sec.313.111. Age Restrictions. (a)-(c) (No change.) (d) A maiden may not start in a pari-mutuel race in this state if the maiden: [(1) during 1990, is 13 years old or older;] (1)
                                                                            [(2)] during 1992 and 1993
                                                                              [1991], is seven years old or older; or (2)
                                                                                [(3)] during 1994
                                                                                  [1992,] and thereafter is six years old or older. (e) (No change.) This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on January 17, 1992. TRD-9201233 Paula Cochran Carter General Counsel Texas Racing Commission Earliest possible date of adoption: March 6, 1992 For further information, please call: (512) 794-8461 Subchapter C. Claiming Races 16 TAC sec.313.303 The Texas Racing Commission proposes an amendment to sec.313.303, concerning effective time of claim. The amendment clarifies the time at which a valid claim a horse takes effect. Paula Cochran Carter, general counsel for the Texas Racing Commission, has determined that for the first five-year period the section is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the section. Ms. Carter also has determined that for each year of the first five years the section is in effect the public benefit anticipated as a result of enforcing the section will be the assurance that pari-mutuel racing is conducted fairly and with the utmost integrity. There will be no effect on small businesses as a result of enforcing the section. There is no anticipated economic cost to persons who are required to comply with the section as proposed. Comments on the proposal may be submitted on or before March 3, 1992, to Paula Cochran Carter, General Counsel for the Texas Racing Commission, P.O. Box 12080, Austin, Texas 78711. The amendment is proposed under Texas Civil Statutes, Article 179e, sec.3.02, which authorize the commission to adopt rules for conducting racing with wagering and for administering the Texas Racing Act and sec.6.06, which authorize the commission to adopt rules relating to the operation of racetracks. sec.313.303. Effective Time of Claim. (a) A person who has a valid claim to a horse becomes the owner when [the stall door of the starting gate open in front of] the horse goes on to the racetrack for the race
                                                                                    . This subsection applies regardless of whether the horse reaches the starting gate and
                                                                                      regardless of subsequent injury to the horse during or after the race. (b) (No change.) This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on January 17, 1992. TRD-9201232 Paula Cochran Carter General Counsel Texas Racing Commission Earliest possible date of adoption: March 6, 1992 For further information, please call: (512) 794-8461 16 TAC sec.313.310 The Texas Racing Commission proposes an amendment to sec.313.310, concerning restrictions on claims. The amendment restricts the number of claims an authorized agent may submit for a race. Paula Cochran Carter, general counsel for the Texas Racing Commission, has determined that for the first five-year period the section is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the section. Ms. Carter also has determined that for each year of the first five years the section is in effect the public benefit anticipated as a result of enforcing the section will be the assurance that pari-mutuel racing is conducted fairly and with the utmost integrity. There will be no effect on small businesses as a result of enforcing the section. There is no anticipated economic cost to persons who are required to comply with the section as proposed. Comments on the proposal may be submitted on or before March 3, 1992, to Paula Cochran Carter, General Counsel for the Texas Racing Commission, P.O. Box 12080, Austin, Texas 78711. The amendment is proposed under Texas Civil Statutes, Article 179e, sec.3.02, which authorize the commission to adopt rules for conducting racing with wagering and for administering the Texas Racing Act and sec.6.06, which authorize the commission to adopt rules relating to the operation of racetracks. sec.313.10. Restrictions On Claims. (a) (No change.) (b) A person may not claim more than one horse in a race nor submit more than one claim for a race. An authorized agent may not submit more than one claim for a race, regardless of the number of persons the agent represents. (c)-(e) (No change.) This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on January 17, 1992. TRD-9201231 Paula Cochran Carter General Counsel Texas Racing Commission Earliest possible date of adoption: March 6, 1992 For further information, please call: (512) 794-8461 Chapter 315. Officials and Rules of Greyhound Racing Subchapter A. Officials Appointment of Officials 16 TAC sec.315.2 The Texas Racing Commission proposes an amendment to sec.315.2, concerning racing judges. The amendment clarifies the requirements of a written examination for racing judges. Paula Cochran Carter, general counsel for the Texas Racing Commission, has determined that for the first five-year period the section is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the section. Ms. Carter also has determined that for each year of the first five years the section is in effect the public benefit anticipated as a result of enforcing the section will be the assurance that the officials supervising pari-mutuel racing are highly qualified. There will be no effect on small businesses as a result of enforcing the section. There is no anticipated economic cost to persons who are required to comply with the section as proposed. Comments on the proposal may be submitted on or before March 3, 1992, to Paula Cochran Carter, General Counsel for the Texas Racing Commission, P.O. Box 12080, Austin, Texas 78711. The amendment is proposed under Texas Civil Statutes, Article 179e, sec.3.02, which authorize the commission to adopt rules for conducting racing with wagering and for administering the Texas Racing Act and sec.3.07, which authorize the commission to require annual written examinations for stewards. sec.315.2. Racing Judges. (a) (No change.) (b) The executive secretary or a designee of the executive secretary
                                                                                        shall administer the written examination required under this section. A passing grade for the written
                                                                                          examination is 85%.
                                                                                            [85 on a scale of 100. The written examination consists of: [(1) 85 multiple choice questions; and [(2) three essay questions.] (c) (No change.) This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on January 17, 1992. TRD-9201230 Paula Cochran Carter General Counsel Texas Racing Commission Earliest possible date of adoption: March 6, 1992 For further information, please call: (512) 794-8461 Chapter 319. Veterinary Practices and Drug Testing Subchapter B. Treatment of Horses 16 TAC sec.319.110 The Texas Racing Commission proposes an amendment to sec.319.110, concerning Coggins test and health certificate. The amendment deletes the reference to eligibility to start. Paula Cochran Carter, general counsel for the Texas Racing Commission, has determined that for the first five-year period the section is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the section. Ms. Carter also has determined that for each year of the first five years the section is in effect the public benefit anticipated as a result of enforcing the section will be the assurance that the rules of the commission are internally consistent. There will be no effect on small businesses as a result of enforcing the section. There is no anticipated economic cost to persons who are required to comply with the section as proposed. Comments on the proposal may be submitted on or before March 3, 1992, to Paula Cochran Carter, General Counsel for the Texas Racing Commission, P.O. Box 12080, Austin, Texas 78711. The amendment is proposed under Texas Civil Statutes, Article 179e, sec.3.02, which authorize the commission to adopt rules for conducting racing with wagering and for administering the Texas Racing Act. sec.319.110. Coggins Test and Health Certificate. (a)-(c) (No change.) [(d) A horse is ineligible to start in a race if the horse does not have on file with the commission veterinarian a certificate, indicating a negative Coggins Test, issued by a testing laboratory in the six-month period preceding the date of the race.] This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on January 17, 1992. TRD-9201229 Paula Cochran Carter General Counsel Texas Racing Commission Earliest possible date of adoption: March 6, 1992 For further information, please call: (512) 794-8461 Subchapter D. Drug Testing Testing Procedures 16 TAC sec.319.332 The Texas Racing Commission proposes an amendment to sec.319.332, concerning procedure for obtaining specimens. The amendment clarifies who may witness the collection and documentation of a specimen sample. Paula Cochran Carter, general counsel for the Texas Racing Commission, has determined that for the first five-year period the section is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the section. Ms. Carter also has determined that for each year of the first five years the section is in effect the public benefit anticipated as a result of enforcing the section will be the assurance that pari-mutuel racing is conducted with the utmost integrity. There will be no effect on small businesses as a result of enforcing the section. There is no anticipated economic cost to persons who are required to comply with the section as proposed. Comments on the proposal may be submitted on or before March 3, 1992, to Paula Cochran Carter, General Counsel for the Texas Racing Commission, P.O. Box 12080, Austin, Texas 78711. The amendment is proposed under Texas Civil Statutes, Article 179e, sec.3.02, which authorize the commission to adopt rules for conducting racing with wagering and for administering the Texas Racing Act and under sec.14.03, which authorize the commission to adopt rules to prohibit the illegal influencing of the outcome of a race. sec.319.332. Procedure For Obtaining Specimens. (a)-(b) (No change.) (c) The owner, trainer, or kennel owner of a race animal being tested or a designee of the owner, trainer, or kennel owner shall witness or acknowledge the taking of the specimen and shall sign the tag for the specimen. Failure or refusal to be present and witness the collection of the samples or to sign the specimen tag constitutes a waiver by the owner, trainer, or kennel owner of any objections to the source, collection procedures, and documentation of the specimen. A person signing a specimen tag under this section must be at least 18 years of age and be licensed by the commission. A trainer or kennel owner may not designate another trainer or kennel owner to witness the collection of the sample or to sign a specimen tag. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on January 17, 1992. TRD-9201238 Paula Cochran Carter General Counsel Texas Racing Commission Earliest possible date of adoption: March 6, 1992 For further information, please call: (512) 794-8461 TITLE 19. EDUCATION Part II. Texas Education Agency Chapter 175. Proprietary Schools and Veterans Education Subchapter B. Commercial Driver Training Schools (Editor's note: The text of the following section proposed for repeal will not be published. The section may be examined in the offices of the Texas Education Agency or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.) The Texas Education Agency (TEA) proposes the repeal of ssec.175.10-175.23, and 175.121-175.129, concerning proprietary schools and veterans education. The repeal of the sections is necessary to implement changes resulting from the passage of recent legislation included in Senate Bill 757 and House Bill 2885 as passed by the 72nd Legislature. The chapter currently contains provisions related to commercial driving schools, proprietary schools, and veterans education. The chapter is being repealed and reproposed as two separate chapters, one specifically addressing proprietary schools and veterans education and another pertaining to driver training schools. Dee Bednar, senior director, proprietary schools, veterans education, and driver training, has determined that for the first five-year period the repeals are in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the repeals. Ms. Bednar and Criss Cloudt, director for policy planning and evaluation, have determined that for each year of the first five years the repeals are in effect the public benefit anticipated as a result of enforcing the repeals will be a clearer more concise statement of rules relating to proprietary and drivers education schools and veterans education. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the repeals as proposed. Comments on the proposal may be submitted to Criss Cloudt, Policy Planning and Evaluation, 1701 North Congress Avenue, Austin, Texas 78701, (512) 463-9701. All requests for a public hearing on the proposed repeals submitted in accordance with the Administrative Procedure and Texas Register Act must be received by the commissioner of education not more than 15 calendar days after notice of a proposed change in the sections has been published in the Texas Register. 19 TAC sec.sec.175.10-175.23 The repeals are proposed under Senate Bill 757 and House Bill 2885 as passed by the 72nd Legislature, which provide the State Board of Education with the authority to adopt policies, regulations, and rules necessary for carrying out the provisions of the Texas Proprietary School Act. sec.175.10. General Information. sec.175.11. Branch Schools. sec.175.12. Driving Safety Course-Extension Locations. sec.175.13. Names and Advertising. sec.175.14. Facilities and Educational Materials. sec.175.15. Programs of Instruction. sec.175.16. Supervisory Instructors and Instructors. sec.175.17. Motor Vehicles. sec.175.18. Contracts-Students. sec.175.19. Student Records. sec.175.20. Make-up Policy. sec.175.21. Commercial Driver Training School Responsibility for Employees. sec.175.22. Prohibited Activities. sec.175.23. Uniform Certificates of Course Completion Driver Safety Programs. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on January 15, 1992. TRD-9201347 Criss Cloudt Director, Planning Coordination Texas Education Agency Earliest possible date of adoption: March 6, 1992 For further information, please call: (512) 463-9701 Subchapter E. Minimum Standards for Operation of Texas Proprietary Schools 19 TAC sec.sec.175.121-175.129 (Editor's note: The text of the following sections proposed for repeal will not be published. The sections may be examined in the offices of the Texas Education Agency or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.) The repeals are proposed under Senate Bill 757 and House Bill 2885 as passed by the 72nd Legislature, which provide the State Board of Education with the authority to adopt policies, regulations, and rules necessary for carrying out the provisions of the Texas Proprietary School Act. sec.175.121. General Information. sec.175.122. Definitions. sec.175.123. Exemptions. sec.175.124. Representatives. sec.175.125. Approvals. sec.175.126. Applications from Small Businesses. sec.175.127. Minimum Standards for Operation of Proprietary Schools. sec.175.128. Fees. sec.175.129. Minimum Standards for Operation of Proprietary Schools Which Grant Degrees. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on January 15, 1992. TRD-9201348 Criss Cloudt Director, Planning Coordination Texas Education Agency Earliest possible date of adoption: March 6, 1992 For further information, please call: (512) 463-9701 19 TAC sec.sec.175.121-175.130 The Texas Education Agency (TEA) proposes new sec.sec.175.121-175.130, concerning proprietary schools and veterans education. The new sections implement changes resulting from the passage of recent legislation included in Senate Bill 757 and House Bill 2885 as passed by the 72nd Legislature. Dee Bednar, senior director, proprietary schools, veterans education, and driver training, has determined that for the first five-year period the sections are in effect there will be fiscal implications as a result of enforcing or administering the sections. The effect on state government can not be determined due to the inability to estimate the decrease in number of proprietary schools, as well as the impact this decrease will have on the total revenue generated from annual renewal fees. There will be no fiscal implications for local government. The 72nd Legislature changed the amount of the fee from a sliding scale with set increments to one based on .3% of gross income. Therefore, the fiscal implications for small businesses will vary depending on the gross income from student tuition and fees for each business. Ms. Bednar and Criss Cloudt, director for policy planning and evaluation, have determined that for each year of the first five years the sections are in effect the public benefit anticipated as a result of enforcing the sections will be the implementation of statutory provisions designed to regulate the proprietary schools and ensure consumer protection. There is no anticipated economic cost to persons who are required to comply with the sections as proposed. Comments on the proposal may be submitted to Criss Cloudt, Policy Planning and Evaluation, 1701 North Congress Avenue, Austin, Texas 78701, (512) 463-9701. All requests for a public hearing on the proposed sections submitted in accordance with the Administrative Procedure and Texas Register Act must be received by the commissioner of education not more than 15 calendar days after notice of a proposed change in the sections has been published in the Texas Register. The new sections are proposed under Senate Bill 757 and House Bill 2885 as passed by the 72nd Legislature, which provide the State Board of Education with the authority to adopt policies, regulations, and rules necessary for carrying out the provisions of the Texas Proprietary School Act. sec.175.121. General Information. (a) The Texas Education Agency will evaluate each school according to the standards of practice set forth in this section, appropriate laws, and State Board of Education rules. The complete picture presented by the entire educational, promotional, and ethical character of the school will receive consideration in its evaluation. (b) Every effort will be made to evaluate fairly and impartially each school and representative application for approval to solicit students in Texas for the purpose of selling courses of instruction. The Texas Education Agency will endeavor to provide an effective and constructive application of the law and standards of practice adopted for regulating proprietary schools. (c) The Texas Education Agency will assist all schools and the school directors under its jurisdiction, whenever possible, in complying with the provisions of the law and standards of practice. Inquiries or requests for information should be directed to the Division of Proprietary Schools and Veterans Education, Texas Education Agency, Austin. sec.175.122. Definitions. The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. Administrator-The state commissioner of education or a person knowledgeable in the administration of regulating proprietary schools, designated by the commissioner to administer the provisions of the Texas Education Code, Chapter 32. Advertising-Any affirmative act, whether written or oral, designed to call public attention to a school and/or program in order to arouse a desire to patronize that school and/or program. Agency-This term means the Central Education Agency also known as the Texas Education Agency. Change of ownership of a school-A change in the control of the school. Any agreement to transfer the control of a school is considered to be a change of ownership. The control of a school is considered to have changed: (A) in the case of ownership by an individual, when more than 50% of the school has been sold or transferred; (B) in the case of ownership by a partnership or a corporation, when more than 50% of the school or of the owning partnership or corporation has been sold or transferred; or (C) when the board of directors, officers, shareholders, or similar governing body has been changed to such an extent as to significantly alter the management and control of the school. Clock hour-Fifty minutes of instruction during a 60-minute period. Date of notice -The date the notice is mailed by the administrator. Director-The person designated by the administrator to carry out the functions and regulations governing the proprietary schools and hereinafter referred to as director of the Division of Proprietary Schools and Veterans Education. Division-The Division of Proprietary Schools and Veterans Education of the Texas Education Agency responsible for executing the provisions of the law, rules, regulations, and standards as contained in this subchapter. Educational providers -Educational providers include, but are not limited to: (A) public vocational schools; (B) community colleges; (C) federal, state, and local governments; and (D) proprietary schools. Employment-A graduating student's employment in the same or substantially similar recognized occupation for which trained. Externship-Practical off-campus training under direct or indirect instructor supervision. Good reputation -A person is considered to be of good reputation if: (A) there are no felony convictions related to the operation of a school, and the person has been rehabilitated from any other felony convictions; (B) there are no convictions involving crimes of moral turpitude; (C) within the last 10 years, the person has never been successfully sued for fraud or deceptive trade practices; (D) the person does not own a school currently in violation of the legal requirements; has never owned a school with habitual violations; or has never owned a school which closed with violations including, but not limited to, unpaid refunds; or (E) the person has not knowingly falsified or withheld information from representatives of the agency. Instructor trainer -A driver training instructor that has been trained to prepare instructors to give instruction in a specified curriculum. Job employment rate-The percentage of graduating students who have obtained employment in the same or substantially similar recognized occupation for which they have been trained. Job placement-An affirmative effort by the school to assist the student in obtaining a job in the same or substantially similar recognized occupation for which the student was trained. Laboratory experience -A specific experience of observation, experimentation, practice, study, technical investigation, analysis, and practical application of theory or verbal instruction involving hands-on supervised study in a selected vocation or subject. New program-A program is considered to be new when: (A) it has not been offered previously or has been offered and then discontinued; (B) the objective has been revised such that the program provides preparation for different jobs (examples: legal secretary to paralegal; dental technician to medical technician; computer operator to computer programmer); and (C) the total hours, content, or lessons of the approved program change 25% or more within a 12-month period (examples: from 1, 000 hours to 750; 20 lessons to 30; 600 hours to 900). Notice to the school-Written correspondence sent to the address of record for legal service contained in the application for a certificate of approval. Owner of a school includes: (A) in the case of a school owned by an individual, that individual; (B) in the case of a school owned by a partnership, all full, silent, and limited partners; (C) in the case of a school owned by a corporation, the corporation, its directors, officers, and each shareholder owning shares of issued and outstanding stock aggregating at least 10% of the total of the issued and outstanding shares. Person-Any individual, firm, partnership, association, corporation, or other private entity or combination thereof. Program-A set of approved subjects offered by the applicant which when taken as a whole prepare a student for employment in a recognized occupation. Proprietary school referred to as school-Any business enterprise operated for a profit, or on a nonprofit basis, which maintains a place of business within the State of Texas, or solicits business within the State of Texas, and which is not specifically exempt by statutes and includes those schools which offer or maintain a program or programs of instruction or study; or at which place of business such a program or programs of instruction or study is available through classroom instruction or by correspondence or both to a person or persons for the purpose of training or preparing the person for a field of endeavor in a business, trade, technical, or industrial occupation, or for avocational or personal improvement, except as excluded by the provisions of this subchapter. Quarter-At a minimum, normally a quarter shall include at least 10 weeks for instruction and one week for final examinations, or a total of 11 weeks instruction and examination combined. Recognized occupation -An occupation by any one of the following: the Dictionary of Occupational Titles; the United States Department of Labor; the Texas Employment Commission; state or federal law; or a public or private entity recognized by the United States Department of Labor or the Texas Employment Commission as having particular expertise in occupational classifications. Representative-A person employed by the school, whether the school is located within or without the State of Texas, to act as an agent, solicitor, broker, or independent contractor to directly procure students or enrollees for the school by solicitation within or without this state. School employee -Any person, other than an owner, who directly or indirectly receives compensation from the school for services rendered. Semester-At a minimum, normally a semester shall include at least 15 weeks for instruction and one week for final examinations, or a total of 16 weeks instruction and examination combined. Seminars and workshops-Continuing education programs of 40 clock hours or less in duration which serve to enhance a student's career as opposed to programs offered to develop basic skills and fundamental knowledge required for entry into a particular field of endeavor. This includes continuing professional education and a review for examination. Subject-A component of the program which constitutes specific subject matter designed to advance the practical skills and knowledge necessary to prepare a student for employment in a recognized occupation. Support or supported -The primary source and means by which a school derives revenue to perpetuate its operation. Suspension of enrollments-If the administrator suspends enrollments, the school may not advertise, solicit, or in any way advise prospective students, either directly or indirectly, of the program offerings. Further, reenrollments are also prohibited. Tour-A tour means an inspection of those areas pertaining to the program of instruction. Unearned tuition -This definition is for application in qualifying for a $5,000; $10,000; $15,000; or $20,000 bond. The total projected maximum, at any given time during the period for which the certificate of approval is issued, of the following: (A) refunds due former students; (B) the total of all tuition and fees that have been collected or will be collected from students prior to graduation; and (C) the total of any tuition collected in advance from prospective students. Week-Seven calendar days. sec.175.123. Exemptions. (a) Schools desiring to be considered exempt from regulation as authorized by the Texas Education Code, sec.32.12 shall make application and provide any information deemed necessary by the director to determine exempt status. (b) Any school granted exempt status may be requested to provide information or be visited by representatives of the agency in order to ensure continued operation in compliance with the exemption provisions. sec.175.124. Representatives. (a) Applications to register representatives shall be made on forms provided by the director and accompanied by the appropriate fee. The representative may not begin solicitation until notice of approval has been received. (b) The representative shall be under the control of the school, and for all purposes, is deemed to be the agent of the school. The school is responsible for any representations or misrepresentations, expressed or implied, made by a representative. (c) Any student solicited or enrolled by an unapproved representative is entitled to a refund of all monies paid and a release of all obligations. Any contract signed by a prospective student as a result of solicitation or enrollment by an unapproved representative is null and void and unenforceable. (d) Employees of recruiting firms may not serve as representatives. (e) Including, but not limited to, the following, a representative is prohibited from: (1) soliciting in public places other than an educational setting, at job fairs, or other organized meetings; (2) offering as an inducement or enticement, any substantial consideration to a prospective student prior to enrollment, such as cash, food, housing, or gifts; (3) administering the entrance test; (4) advising students about financial aid other than informing the student of the general availability of financial assistance; (5) giving false, misleading, or deceptive information about any aspect of the school's operation, job placement, or salary potential; (6) violating any legal requirement or prohibition contained in this chapter, specifically sec.175.127(b)(7) of this title (relating to Minimum Standards for Operation of Proprietary Schools) or the Texas Education Code, Chapter 32; (7) soliciting for or representing more than one school unless each owner of every school being represented has knowledge that the representative is also soliciting for or representing other schools; (8) engaging in acts or practices which have a tendency to intimidate, coerce, or mislead a prospective student into accepting an enrollment; (9) representing that a program has sponsorship, approval, characteristics, uses, benefits, or qualities which it does not have; (10) disparaging the program of another school by the false or misleading representation of facts; (11) failing to invite the prospective student to tour the facility and inspect the equipment prior to enrollment; (12) failing to provide the prospective student with all required information prior to enrollment; and (13) soliciting enrollments in a program which have not been approved by the administrator. (f) Including, but not limited to, the following, a representative shall: (1) be of good reputation and character; (2) have sufficient and accurate knowledge of the school to provide a complete and accurate picture of the school to prospective students; (3) refer questions about financial aid and entrance testing to the appropriate school officials; (4) provide the required information to the student in advance of enrollment; and (5) invite the student to tour the school's facilities, talk to students, and inspect equipment. (g) The approval of a representative to solicit for a proprietary school may be revoked or denied and sanctions imposed against the school if there is false information on the representative's application or the representative engages in the acts prohibited by this section. sec.175.125. Approvals. (a) Requirements for issuance of certificate of approval. The administrator may approve the applying school and issue a certificate of approval provided the applicant school is found upon investigation to have satisfactorily met the minimum standards for proprietary schools as set forth in this subchapter. (b) Effective date of certificate of approval. The effective date of the certificate of approval shall be the date the certificate is issued. Exceptions will be made only in cases where administrative delay necessitates issuance of the new certificate subsequent to the expiration of the prior certificate provided the applicant school was in full compliance with the criteria for approval on the effective date. (c) Renewal of certificate of approval. A complete application for renewal of a certificate of approval shall consist of the following: (1) annual renewal fee as set forth in the Texas Education Code, sec.32. 71(a)(2) and the fee for the tuition protection fund as set forth in the Texas Education Code, sec.32.91; (2) completed application for renewal (Form DPSVE-015); (3) properly executed school bond; (4) complete and correct annual financial statements for the most recent fiscal year demonstrating the school is financially stable and capable of fulfilling its commitments for training; and (5) any other revisions or evidence of which the school has been notified in writing necessary to bring the school's application for approval to a current and accurate status. (d) Application procedures for additional programs. Schools making application for approval of additional programs after the original approval has been granted shall submit the necessary documents as designated by the director with the appropriate fee. Programs shall be approved prior to solicitation of students, advertising, or conducting classes. An approval for an additional program will not be granted if the school's compliance is in questions at the time of application. (e) Notification of issuance or denial of certificate of approval. The administrator, upon review and consideration of an application for a certificate of approval from each school, shall determine the applicant to be acceptable or unacceptable. The administrator shall set forth in writing the approval or the reasons for denial of approval. (f) Revocation of certificate of approval. (1) The administrator may revoke an issued certificate of approval or place reasonable conditions upon the continued approval represented by the certificate. A certificate of approval may be revoked or made conditional if there is reasonable cause to believe that the school is guilty of a violation of the law or of any rules and regulations for proprietary schools. (2) Prior to revocation or imposition of conditions upon a certificate of approval, the holder of the certificate shall be notified in writing of the impending action and the grounds for the action. (g) Imposition of sanctions. (1) Peer review. The director may order a peer review of a school as authorized by the Texas Education Code, sec.32. 64. (2) Suspension of enrollments. The administrator may suspend admission of students to a school for any violation of the law or rules. The suspension may be imposed before the order of a peer review as authorized by the Texas Education Code, s32.64. (3) Civil penalty. In addition to any other sanction authorized, the administrator may impose a civil penalty against a person as allowed by the Texas Education Code, sec.32.611. (h) Certificate of approval. A proprietary school shall obtain a certificate of approval for each location where a program or programs of instruction will be offered, unless the school meets one of the exceptions in this subsection. Schools which held a certificate of approval on May 13, 1978, are not required to apply for an additional certificate for any facilities in which they are conducting continuous programs of instruction, provided that those facilities were approved as part of the school's application for its certificate of approval. The exceptions are as follows: (1) schools which offer short-term programs not to exceed 200 hours at locations other than their main campuses provided there is a 90-day interval between program offerings; (2) schools which offer review programs, the purpose of which is to assist students in reviewing for required examinations for licensing or for entering academic institutions and reading improvement schools; (3) itinerant schools which do not hold classes in more than one location at a time; or (4) schools which acquire additional classroom facilities for instructional services only if the additional classroom is located within a one-mile radius of the main campus and is dependent on the main campus for administration, supervision, fiscal control, and student services. Any school which has an additional classroom approved on December 31, 1989, which does not meet this requirement shall be in compliance by December 31, 1991. (i) Purchase of school. A person or persons purchasing an approved proprietary school shall comply with all the requirements for securing an original approval. In addition, a copy of the sales contract(s), bill(s) of sale, deed(s), and all other instruments necessary to transfer ownership of the school shall be submitted to the agency. The purchaser shall accept responsibility for all refund liabilities. (j) New location. An application for a certificate of approval to reflect a new location shall be filed and include all documents designated by the director as being necessary with the appropriate fee. Approval may be issued after the new facilities have been inspected and the application is complete. If a move is beyond 10 miles and a student is prevented from completing the training at the new location as determined by the director, a full refund of all monies paid and a release from all obligations are due. (k) Notification of legal action. All schools shall notify the director in writing of any legal action which may concern the operation of or filed against the school, its officers, or any owner within five working days after the school, its officers, or any owner has commenced the legal action or has been served with legal process. Included with the written notification, the school shall submit a file-marked copy of the petition or complaint that has been filed with the court. sec.175.126. Applications from Small Businesses. (a) Time periods. Applications from small businesses for certificates of approval, representatives, school directors, and instructional staff shall be processed in accordance with the following time periods. (1) The first period is a time from the receipt of an application to the date of issuance of a written notice approving the application or outlining the reasons why the application is unacceptable. The time periods for each application are: (A) initial certificate of approval-30 days; (B) renewed certificate of approval-30 days; (C) change in owner certificate of approval-30 days; (D) initial representatives-10 days; (E) renewed representatives-10 days; and (F) school directors and instructional staff-20 days. (2) The second period is a time from receipt of the last item necessary to complete the application to the date of issuance of written notice approving or denying approval of the application. The time periods for each application are: (A) initial certificate of approval-21 days; (B) renewed certificate of approval-21 days; (C) change in owner certificate of approval-21 days; (D) initial representative (approval contingent upon issuance of school's approval)-21 days; (E) initial representative (approval not contingent upon issuance of school's approval)-10 days; (F) renewed representative (approval contingent upon issuance of school's approval)-21 days; (G) school directors and instructional staff (approval contingent on issuance of school's approval)-21 days; and (H) school directors and instructional staff (approval not contingent on issuance of school's approval)-20 days. (b) Reimbursement of fees. (1) In the event the application is not processed in the time periods as stated in subsection (a) of this section, the applicant has the right to request of the administrator full reimbursement of all filing fees paid in that particular application process. If the administrator does not agree that the established periods have been violated or finds that good cause existed for exceeding the established periods, the request will be denied. (2) Good cause for exceeding the period established is considered to exist if: (A) the number of applications for certificates of approval, representatives, school directors, or instructional staff as appropriate to be processed exceeds by 15% or more the number processed in the same calendar quarter the preceding year; (B) another public or private entity utilized in the application process caused the delay; or (C) other conditions existed giving good cause for exceeding the established periods. (c) Appeal. If the request for full reimbursement authorized by subsection (b) of this section is denied, the applicant may then request a hearing by appealing to the commissioner of education for a resolution of the dispute. The appeal will be processed in the same manner as other appeals involving proprietary schools pursuant to the Texas Education Code, Chapter 32, Subchapter E, and Chapter 157 of this title (relating to Hearings and Appeals). sec.175.127. Minimum Standards for Operation of Proprietary Schools. (a) Minimum standards of operation must be maintained by all schools to ensure educational programs of high quality which will be of benefit to the student, the school, and the state. The observance and maintenance of these standards is the responsibility of each school for inherent advantage to the school itself and for the common good of all schools. (b) Schools desiring issuance and renewal of certificates of approval shall adhere to the following standards. (1) Personnel. (A) School director and administrative staff members. (i) Each school shall designate one person as the school director of the school. The school director is responsible for the school program, the organization of classes, the maintenance of the school plant, and the maintenance of proper administrative records and all other procedures related to the administration of the school. (ii) The school director shall be a graduate of an accredited institution of higher learning (college or university) with one year of experience in administration, institutional management, or the total years of administrative/management experience and/or higher education shall equal five years. An exception is permitted for schools that qualify for a $5,000 bond as allowed by the Texas Education Code, sec.32.38(a). In that event, the school director shall have sufficient background and training in the area for which the school director will be responsible. If the school employs a director of education, that director shall meet the same requirements as an instructor and shall also have one of the following: (I) one-year employment as a supervisor; or (II) relevant postbaccalaureate degree. (iii) The school director or staff member must be a person of good reputation and character. (iv) The school director shall serve as a liaison person during any compliance visit by the division. The school director may designate a member of staff to serve as liaison. (v) The director of the school shall designate an individual to perform all the functions of, and succeed to, the authority of the named school director when the school director is absent from the school. (vi) An individual shall be approved as a school director before employment as such. A school director and assistant school director shall attend an agency- sponsored workshop within three months of application for approval and demonstrate proficiency of knowledge of the requirements of operating a proprietary school before final approval as a director of a school. The workshops will be scheduled when the workshop enrollment reaches 15, or quarterly whichever occurs first. A school director may be required to attend additional workshops in order to maintain skills and continue to be approved as a school director. An acting school director may be designated for a period not to exceed three months. Violations at the school may result in revocation of the approval. (B) Instructors. (i) An application for approval of an instructor on forms provided by the agency, shall be filed in accordance with the following criteria. (I) The application shall be postmarked within five calendar days of employment subject to the conditions outlined in subclause (IV) of this clause. (II) The application shall include a legible copy of the postsecondary transcript, if required. In lieu of the transcript, proof of a current occupational license may be submitted if that license indicates the applicant's attainment of the educational requirements as verified by agency staff. (III) Approvals of instructional staff by other state agencies responsible for approval and regulation of the program shall be accepted by agency staff. This does not remove the requirement that the instructor file an application on agency forms. (IV) A school may employ an instructor prior to approval unless the school has had three applications for instructors which have been finally disapproved for failure to meet the minimum requirements within the previous 24 months. After the third disapproval, for the next 12-month period instructors shall be approved in advance. (ii) Instructors shall have specific qualifications as set forth in any of the subclauses (I)-(V) of this clause. In such cases where the practical experience is gained on a seasonal basis as an industry standard, such as tax preparation, the season of at least three months of experience shall be considered as one year of experience. The director may approve a variance from these specific qualifications with sufficient justification and an assurance that the program quality will not be lessened. (I) An instructor shall hold a baccalaureate or higher degree from an accredited college or university and either: (-a-) the baccalaureate or higher degree includes satisfactory completion of nine semester hours or 12 quarter hours in subjects related to the subject area to be taught; or (-b-) the instructor has had a minimum of two years of practical experience within the last 10 years in the subject area to be taught. (II) An instructor shall hold an associate degree from an accredited college, university, or recognized postsecondary institution and either: (-a-) the instructor has a minimum of two years of practical experience within the last 10 years in the subject area to be taught and the associate degree includes satisfactory completion of nine semester hours or 12 quarter credit hours in subjects related to the subject area to be taught; or (-b-) the instructor has a minimum of three years of practical experience within the last 10 years in the subject area to be taught. (III) An instructor shall hold a high school diploma or GED and a certificate of completion from a recognized postsecondary institution for at least a 900-clock- hour program in a relevant subject area and a minimum of four years of practical experience within the last 10 years in the subject area to be taught. (IV) An instructor shall hold a high school diploma, GED, or proof of satisfactory completion of relevant subject(s) from a recognized postsecondary institution, and practical experience in the appropriate subject area of a minimum of five years within the last 10 years. (V) Court reporting speedbuilding instructors shall hold a high school diploma or GED and have completed all court reporting theory requirements in a licensed court reporting school that requires at least 300 clock hours of court reporting theory. The instructor shall also provide evidence of a minimum of one year of experience related to the court reporting field in the last 10 years. Related experience may include, but is not necessarily limited to, actual court reporting, teaching, scoping, and/or note reading. (iii) The instructor shall be of good reputation and character. (iv) Each instructor shall be evaluated annually. The report of the evaluation shall be available for review by representatives of the agency. (v) As determined by the director, an appropriate number of the faculty shall have the relevant license or certificate required for the job objective. The holder of the license or certificate shall actively participate in curriculum development and/or curriculum revision. (vi) The school shall ensure continuity of instruction through the reasonable retention of the instructional staff. (vii) The school shall maintain and update annually a written plan for staff development which includes at a minimum: continuing education, staff meetings, and attendance at trade and professional meetings. Documentation of implementation shall also be maintained. (viii) The number of court reporting speedbuilding instructors who do not hold a court reporting certificate issued by a state, qualified under clause (ii)(V) of this paragraph related to instructor qualifications shall not exceed 20% of the instructional staff. (ix) The school shall publish as a part of its catalog a list of the instructors including qualifications and the field to be taught. (x) Upon written notification to the director postmarked no later than the first day in the classroom, a person who has not been approved or disapproved as an instructor may serve as an instructor for no more than two weeks. This person shall have practical experience or education in the subject area to be taught. There shall be no more than one such person per grading period in an individual subject. It is the school's responsibility to ensure that students continue to receive a quality education. (2) Admission requirements. (A) The school shall submit its entrance requirements for each program for approval or disapproval by the director. (i) For each program, justification shall be submitted for the entrance requirements stated. All applicants without a high school diploma or GED shall be tested. Students without a high school diploma or GED that pass the entrance test are considered to have the ability to benefit. (ii) Any entrance test shall be a nationally recognized standardized test or one developed by the appropriate industry and approved by the director. A nonstandardized test shall be reviewed by a qualified third party, such as an expert in tests and measurements, for both appropriateness and the specific score level required for admission into the program. The name of the test and its publisher, any time limitations and a minimally acceptable score as referenced in the test material, shall be provided with a copy of the test, if the test is not already on file with the director. (iii) If multiple opportunities are allowed for retaking the same entrance test, such applicants shall wait five calendar days prior to retaking the test. An applicant may take a second entrance test on the same day provided a substantially different test is administered. This shall be stated in the admissions policy published in the school catalog. (iv) A representative is not allowed to administer the test, nor is anyone allowed to assist the applicant in answering the questions. (v) If the entrance test reveals the student to be ineligible as an ability-to- benefit student, the student may be enrolled as a remedial student. The school shall have an evaluation procedure approved by the director to determine remedial needs and to determine when the required level of remediation has been reached. The school shall also have a remediation plan for that student consisting of subjects approved by the director as a part of the program. The student may be charged for the remedial portion on an hourly pro rata basis, but the student is not obligated for the tuition and fees of the vocational program until the entrance requirements are met. The minimum entrance requirement is a high school diploma, GED, or a passing score on the entrance exam. (vi) Evidence shall be maintained in each student's file to show the entrance requirements have been met. A full refund of all monies paid and a full release from all obligations shall be due at the determination of the director to any student for whom the school cannot show the entrance requirements were met. (vii) A minimum retention rate for students admitted to the vocational portion of the program acceptable to the director shall be demonstrated for each program. (B) The school must maintain a written record of the previous education and training of the applicant student which clearly indicates that appropriate credit has been given by the school for previous education and training. Official transcripts of all previous postsecondary institutions attended provided by the student must be placed in the student file with a written evaluation initialed by the school director or the school director's designee. The new training period shall be shortened where warranted through use of appropriate skills or achievement tests and the student so notified. When the training period is shortened, the course cost shall be reduced accordingly. With the exception of seminars and workshops as defined in sec.175.122 of this title (relating to Definitions) and individual subjects within an established curriculum, schools shall use Form DPSVE-010 or the equivalent which will become a part of the student's permanent record at the school. The subject matter involved in seminars and workshops is such that credit for previous education and training may not be required. (C) Prior to enrollment the school shall furnish the following to each prospective student: (i) school catalog and program outline; (ii) schedule of tuition, fees, and other charges; (iii) cancellation and refund policy; (iv) attendance, progress, and grievance policies; (v) rules of operation and conduct; (vi) data, if available, about the number of job openings in the program objective in a specified area within the last 12 months with the name of the source; (vii) regulations pertaining to incomplete grades; and (viii) written and verbal explanations of the difference between a loan and a grant, if the school participates in a loan or grant program. (D) Any institution that refers to the awarding of credit hours must explain to each student during the enrollment process that transferability of such hours may be limited. Each student must sign a statement to the effect that an explanation has been provided. Should a school have an articulation agreement with an academic college or university, such information shall be provided, including any limitations. Any such school shall also provide a list of known Texas institutions of higher education and state technical institutes that accept any or all of the credit hours so earned. (E) In addition, all schools shall use a form approved by the director to verify the student's receipt of the information required in subparagraphs (C) and (D) of this paragraph. At the discretion of the director, the form shall also include the following statements: (i) "For the program entitled `_________________________', I have been informed that the current completion rate is ______%, or _____ of _____ students enrolled, and for students issued a certificate of completion, the current job placement rate is _____%, or _____ of _____ students, and the employment rate is _____%." (ii) "I have furnished information disclosing my previous education, training, and work experiences. I understand this will be evaluated and may result in my program length being shortened and the cost being reduced." (iii) "I further realize that any grievances not resolved by the school may be forwarded to the Division of Proprietary Schools and Veterans Education, Texas Education Agency, 1701 North Congress Avenue, Austin, Texas 78701, (512) 463- 9475." (iv) "A comparison of the cost to me for a similar program at other schools is available by contacting the Division of Proprietary Schools and Veterans Education, Texas Education Agency, Austin, Texas." (F) Further, acknowledgment of the receipt of each required piece of information or documentation as set forth in subparagraphs (C), (D), and (E) of this paragraph shall be indicated by the initials of the student by the narrative describing the requirement with a full signature at the end of the document. A copy shall be given to the student along with a copy of the enrollment agreement. A copy of each document shall be a part of the student files maintained by the school. (G) The school shall submit an enrollment agreement to the director for approval. Further, with the exception of seminars and workshops, the school shall enroll students using the approved enrollment agreement. The agreement shall include, but is not limited to, the following: (i) full and correct name and location of the school; (ii) program title, tuition, fees, reasonable estimate cost of books and supplies, any other expenses, total cost of the program, items subject to cost change, method of payment and payment schedule, disclosure statement (if interest is charged on more than three payments), and detachable buyer's right to cancel if enrollment is procured off campus; (iii) date training is to begin and program length; (iv) name and address of the student; (v) statement that the student has received a copy of the school enrollment agreement and catalog; (vi) cancellation and refund policy; and (vii) Federal Trade Commission statement for holder in due course. (3) Conduct policy. (A) The school shall submit a copy of the rules and regulations pertaining to conduct for approval. (B) A statement regarding the following shall be submitted: (i) conditions for dismissal; (ii) conditions for reentrance of those students dismissed for violating the conduct policy. (4) Tuition and fees. (A) All tuition, fees, and other charges shall be stated in the school's application for approval and shall be disclosed to potential students in the school catalog. (B) The school shall submit method(s) of payment that are available to enrolling students. If student financing is available through any form of arrangement(s) or agreement(s) between the school and a lending institution, the complete terms of the arrangement(s) or agreement(s) must be disclosed to the director. In addition, if any form of financing is available at the school, all charges and the true annual percentage rate and the name(s) and address(es) of the lending institution(s) shall be disclosed to the director. (C) Students shall not be held liable for any tuition, fees, or other charges not previously disclosed to the director. (D) Scholarships may be offered provided terms of scholarships are published and disclosed to the director. (E) Any funds received from, or on behalf of, a student shall be recorded in a format that is readily accessible to representatives of the Texas Education Agency and acceptable to the director. Receipts shall be issued to the student. The funding source and the reason for the charges shall be clearly identified on both documents. Additionally, these records shall be posted and kept current. (5) Cancellation and refund policy. (A) Proprietary school cancellation and refund policies must be in accordance with the Texas Education Code, sec.32.39. (B) Each school must have a cancellation and settlement policy that will permit a potential student to cancel any enrollment agreement or contract within 72 hours (until midnight of the third day excluding Saturdays, Sundays, and legal holidays) after the enrollment contract is signed by the prospective student. Any potential student who has not toured the school facilities and inspected the equipment prior to signing an enrollment contract has an additional three days excluding Saturdays, Sundays, and legal holidays following a tour and inspection to request a full refund of any monies paid to the school and release from all obligations. The student shall sign and date a form certifying the tour. Correspondence, combination correspondence-residence, and seminars and workshop programs are not required to provide the student a tour. (i) For any student enrolled off the school premises, the notice of cancellation must be in the following form. (I) The notice of cancellation must be attached to the enrollment agreement or contract and easily detachable, printed in 10-point boldface type, and in the same language used in the contract. (II) The notice of cancellation must contain, among other things, the date of the agreement, name and address of school, and the date on which the 72-hour period will expire. (III) The notice of cancellation must be in a form that can be used by the student to notify the school of the student's desire to cancel by dating, signing the form, and mailing or otherwise delivering it to the school's address shown. The notice left with the student must be in duplicate. (ii) If it is established the enrollment of any student was procured as the result of any misrepresentation in advertising, promotional materials of the school, or representation by the owner or representative of the school, the enrollment agreement or contract is cancelled and full refund of all tuition and fees will be due and payable. (iii) Refunds based on enrollment in resident schools will be totally consummated within 30 days after the effective date of termination. Proof of consummation of refund will be the refund document or copies of both sides of the cancelled check and must be on file within 120 days of the effective date of termination. All refund checks must identify the student to whom the refund is assigned. In those cases where multiple refunds are made using one check, the check must identify each individual student and the amount to be credited to that student's account. (C) For residence programs more than 12 months in length, the refund shall be applied to each 12-month period, or part thereof separately. (i) The determining factor as to whether a program is longer than 12 months will be based on the length of the program as taught by the school in the shortest period of time on a regularly scheduled basis. (ii) During the subsequent 12-month periods or the remaining part thereof, the refund will be made based on the quarter the 12-month period or the remaining period that is less than 12 months. (iii) The number of hours in any period will be determined by the actual hours taught during that period. (D) Refunds of items of extra expenses to the student, such as instructional supplies, tools, student activities, laboratory fees, service charges, rentals, deposits, and all other such ancillary miscellaneous charges where these items are separately stated and shown in the data furnished the student before enrollment, will be made in a reasonable manner acceptable to the director. (E) Refund computations for students enrolled under the attendance criteria outlined in paragraph (8)(B)(iii) of this subsection shall be based on scheduled hours of class attendance. In all refund computations, leaves of absence, suspensions, school holidays, days when classes are not offered, and summer vacations shall not be counted as part of the elapsed time for purposes of calculating a student's refund. (F) For correspondence programs such policy must provide the following. (i) Refunds will be computed based on the number of home study lessons in the program. (ii) The effective date of termination for refund purposes will be the earliest of the following: (I) the date of notification to the student if the student is terminated; (II) the date of receipt of written notice from the student; or (III) the end of the third calendar month following the month in which the student's last lesson assignment was received unless notification has been received from the student that the student wishes to remain enrolled. (In this event, the written notice from the student will be maintained in the student's permanent file.) Training must be terminated at the end of any three-month period in which no lessons are received unless written notice is received from the student during that three-month period that the student wishes to remain enrolled. (iii) If tuition is collected before any lessons have been completed, and if, after expiration of the 72-hour cancellation privilege, the student fails to begin the program, not more than $50 shall be retained by the school. (iv) In cases of termination or withdrawal after the student has begun the correspondence program, the school may retain $50 of tuition and fees, and the minimum refund policy must provide that the student will be refunded the pro rata portion of the remaining tuition, fees and other charges that the number of lessons completed and serviced the school bears to the total number of lessons in the program. (v) Refunds of items of extra expense to the student, such as instructional supplies, tools, student activities, laboratory fees, service charges, rentals, deposits, and all other ancillary miscellaneous charges where these items are separately stated and shown in the data furnished the student before enrollment shall be made in a reasonable manner acceptable to the director. (vi) Refunds shall be totally consummated within 30 days after the effective date of termination as defined in clause (ii) of this subparagraph. (vii) Enrollment contracts must specify the amount of time allotted the student to complete the program. If at the end of the specified period the student has not completed the program, the student must be terminated and a refund must be totally consummated within 30 days. Should the student desire to reenroll, appropriate credit must be given as outlined in paragraph (2) of this subsection. (G) In reference to the Texas Education Code, sec.32.39(e), a school is considered to have made a good faith effort to consummate a refund if the student's file contains evidence of the following attempts: (i) certified mail to student's last known address; (ii) certified mail to the student's permanent address; and (iii) certified mail to the address of the student's parent, if different from the permanent address. (H) For programs consisting of a combination of home study lessons and residence training, not more than $100 will be retained by the school for those students who fail to enter residence training, unless the school submits affirmative evidence acceptable to the administrator disclosing the home study lessons are of such quality and content to reasonably assure that the students will achieve the stated objective without the residence training portion of the program. (I) If it is determined that the method used by the school to calculate refunds is in error or the school does not routinely pay refunds within the time required by the Texas Education Code, sec.32.39(b)(7) and (12), the school shall submit a report of an audit which includes any interest due as set forth in the Texas Education Code, sec.32.39(e), conducted by an independent certified public accountant or public accountant registered with the State Board of Public Accountancy, of the refunds due former students. The audit opinion letter shall be accompanied by a schedule of student refunds due which shall disclose the following information for the previous four years from the date of request by the agency for each student: (i) name, address, and social security number; (ii) last date of attendance, date of termination; and (iii) amount of refund with principal and interest separately stated, date and check number of payment if payment has been made, and any balance due. (6) Vocational instructional programs. (A) Subject hour length and program standards, generally. No subject or combination of subjects constituting a particular program shall be approved by the administrator unless it is demonstrated by the applicant that the program offered is of such quality, content, and length as to reasonably and adequately impart to a student the job skills and knowledge necessary for the student to obtain employment in the business, trade, technical, or industrial occupation for which the instruction is offered. (B) Standards for program application review. In determining whether an application for a program or combination of subjects constituting a program shall be approved under subparagraph (A) of this paragraph, the administrator shall consider the following. (i) Occupational objective. The program shall prepare the student for a job in a recognized occupation. An application for program approval that does not identify a recognized occupation shall be denied unless it can be shown by the applicant that: (I) the occupation is of such recent origin that it has not been recognized by any of the entities identified in sec.175.122 of this title (relating to Definitions); and (II) employers regularly solicit and hire employees for such occupation. (ii) Need for education and training. An application for program approval shall not be approved unless it is demonstrated by the applicant that a student who successfully completes the program is more likely to be employed in the occupation for which the program is offered than an individual who does not enroll in the program. In determining whether a particular program conforms to the standards set out in this subparagraph, the administrator shall take into consideration all of the following: (I) whether employers who regularly employ persons in the occupation under review prefer the same or similar education and training offered by the program under review; (II) whether employers who regularly employ persons in the occupation under review require substantial on-the-job training as a condition of employment and the requirement of such on-the-job training renders the program under review unnecessary; and (III) whether employers who regularly employ persons in the occupation under review generally allow more rapid advancement to a graduate of the program under review than to persons who have not graduated from the program. (iii) Occupational demand. The program shall prepare the student for a job in a recognized occupation for which there is demonstrable demand. An application for program approval that does not identify a demonstrable employer demand for the occupation for which the program is offered shall be denied. In determining whether there is demonstrable employer demand for the occupation under review, the administrator shall consider the following: (I) the applicant's statement of occupational demand which may include, but is not limited to, publications of established relevant occupational associations; references to advertisements for employment in Texas media; (II) the job employment rate of students who have previously completed the same or substantially similar program; (III) reports or publications relating to demand for the occupation under review including, but not limited to, the following: (-a-) any state or federal agency; (-b-) employers who regularly employ individuals for the occupation under review; (-c-) Quality Work Force Planning Committee located in the region in which the applicant is located; and (-d-) established relevant occupational associations; and (IV) the opinion of individuals whose expertise is recognized in either education or the industry relating to the occupation for which the program is offered. (iv) Program content. Each subject that collectively constitutes the program shall advance the practical skill and knowledge required for employment in the business, trade, technical, or industrial occupation for which the program is offered. Subjects which do not bear a substantial and demonstrable relationship to the job skills and knowledge required for employment in the recognized occupation for which the program is offered shall not be approved. In determining whether a particular subject or the program as a whole conforms to the standards stated in this clause, the administrator shall take into consideration all of the following: (I) the structure and content of programs offered by other educational providers which prepare the student for the same or substantially similar occupation; (II) any statutory requirements applicable to the occupation; (III) the opinion of individuals whose expertise is recognized in either education and/or the industry relating to the occupation for which the program is offered; (IV) whether the employability and advancement potential of a student who successfully completes the program under review would be significantly greater than the employability of a student who successfully completes a program with a different content which prepares the student for the same or substantially similar occupation; (V) the education and experience level set forth in the entrance requirements as a prerequisite; and (VI) any other relevant sources. (v) Program length. Each program submitted for approval shall identify the clock/credit hours allocated to each subject which comprises the program. The total number of clock/credit hours allocated to each subject shall bear a direct and reasonable relationship to the job skills and knowledge required for employment in the recognized occupation for which the program is offered. Subjects or a combination of subjects constituting a program which when considered separately or collectively evidence clock/credit hours which exceed that which is reasonable to prepare the student for the recognized occupation for which the program is offered shall not be approved. In determining whether a particular subject or the program as a whole conforms to the standards stated in this subparagraph, the administrator shall consider all of the following: (I) the structure, content, and length of programs offered by other educational providers which prepare the student for the same or substantially similar occupation; (II) any statutory requirements applicable to the occupation; (III) the opinion of individuals whose expertise is acknowledged in either education or the industry relating to the occupation for which the program is offered; (IV) whether the employability or advancement potential of a student who successfully completes the program under review would be significantly greater than the employability of a student who successfully completes a program with fewer clock/credit hours which prepares the student for the same or substantially similar occupation; (V) the education and experience level set forth in the entrance requirements as a prerequisite; and (VI) any other relevant sources. (vi) Program title. Each program submitted for approval shall be identified by a title. The title shall clearly identify the occupation for which the program is offered. False, misleading, or deceptive program titles shall not be approved. (C) Standards of program/subject length. The commissioner of education shall establish minimum and maximum program lengths for recognized occupations consistent with this subsection. The commissioner of education or his designee may approve a variance from the established minimum and maximum program lengths with sufficient justification. (D) Submission of the program applications. Applications for program approval shall be submitted on forms provided by the agency. (E) Catalogs. Schools shall not publish in their catalogs or other promotional literature programs which have not been approved by the director. (F) Qualified faculty. When a school is approved to offer a program and enrolls students in the program, the school shall maintain sufficient and qualified faculty to teach all subjects for completing the program during the length of time stipulated in the school catalog regardless of the size of the class. (G) Scheduling of classes. The school shall schedule classes so that the students will be able to complete the program during the length of time stipulated in the school catalog. The school shall publish in its catalog a class schedule to include the amount of time allocated for breaks and mealtimes. (H) Discontinuance of program. If an approved program is discontinued for any reason, the director shall be notified within 72 hours of discontinuance and furnished with the names and addresses of any students who were prevented from completion by reason of the discontinuance of the program. Should the school fail to make arrangements satisfactory to the students and the director for the completion of their program(s), the full amount of all tuition and fees paid by the students are then due and refundable. If arrangements are not made satisfactory to the students and director, the refunds must be made no later than 30 days from the date the program was discontinued. Any program discontinued will be removed from the list of approved programs. (I) Evening school. No evening school class schedule shall extend beyond a reasonable time. (J) Conversion table for credit hours. (i) If the applicant requests approval to measure programs in credit hours for academic purposes, the following conversion table must be used: (I) schools which schedule their programs on a quarter or semester basis. (-a-) One semester credit hour is equal to a minimum of: (-1-) one hour of classroom lecture per week for a semester or the equivalent number of hours; or (-2-) two hours of laboratory experience per week for a semester or the equivalent number of hours; or (-3-) 45 clock hours of externship; (-b-) One quarter credit hour is equal to a minimum of: (-1-) one hour of classroom lecture per week for a quarter or the equivalent number of hours; or (-2-) two hours of laboratory experience per week for a quarter or the equivalent number of hours; or (-3-) 30 clock hours of externship. (II) schools in which programs are not scheduled on a quarter or semester basis. (-a-) One semester credit hour is equal to a minimum of: (-1-) 15 clock hours of classroom lecture; or (-2-) 30 clock hours of laboratory experience; or (-3-) 45 clock hours of externship. (-b-) One quarter credit hour is equal to a minimum of: (-1-) 10 clock hours of classroom lecture; or (-2-),em>20 clock hours of laboratory experience; or (-3-) 30 clock hours of externship. (ii) The school shall publish in its catalog an explanation of the method used to convert clock hours to credit hours and shall show the actual contact hours of theory, lab, and externship in addition to the total credit hours for each subject. (K) Reasons for denial. If, upon review and consideration of an original, renewal, or amended application for program approval, the administrator determines that the applicant fails to meet the requirements in the Texas Education Code or this chapter, the administrator shall notify the applicant, setting forth the reasons for denial in writing. This may include summaries of peer evaluations from both educators and employers offering similar programs. (L) Reasons for revocation. The administrator may revoke approval of an institution's program(s) at any time the administrator finds cause, including, but not limited to: (i) any statement contained in the application for the program approval is untrue; (ii) the institution has failed to maintain the faculty, facilities, equipment, and programs of study on the basis of which approval was issued; (iii) advertising and/or representations made on behalf of the institution which are false, misleading, or deceptive, including those which use the word "associate" to describe a degree other than those approved by the agency prior to September 1, 1989, or by the Texas Higher Education Coordinating Board; or (iv) the institution has violated any applicable provision of the Texas Education Code or this chapter. (M) Right to appeal. An applicant whose program approval is denied or revoked shall have the right to appeal under Chapter 157 of this title (relating to Hearings and Appeals). If the applicant fails to furnish additional evidence or exercise the right of appeal within 15 days after receipt of notice that the application is unacceptable, the notice shall become final. (7) Advertising. (A) Printed catalog shall be specific with respect to training prerequisites for admission to the school's programs, the curricula, the content of programs, and graduation requirements. (B) Schools holding a franchise to offer specialized programs or subjects not available to other schools shall not advertise such programs in such manner as to diminish the value and scope of programs offered by other schools that do not hold such a franchise. Such advertising of special subjects or programs offered under a franchise shall be limited to the subject or programs offered. (C) Schools or representatives shall not use a photograph, cut, engraving, or illustration in bulletins, sales literature, or otherwise, in such a manner as to convey a false impression as to size, importance, or location of the school, equipment, and facilities associated with that school. (D) Schools or representatives shall not use endorsements, commendations, or recommendations by students in favor of a school except with the consent of the writer and without any offer of financial compensation. Such material shall be kept on file and made a permanent record of the school. Such endorsements shall bear the actual name or professional name of student. (E) Schools or representatives shall not make deceptive statements concerning other proprietary school activities in attempting to enroll students. (F) Classified advertising seeking prospective students must appear under "instruction," "education," "training," or a similarly titled classification and shall not be published under any "help wanted" or "employment" classification. (G) Every display-type newspaper advertisement, or other advertisement placed by the school or its representatives, through direct mail, radio, television, or directories seeking prospective students, must clearly indicate that training is being offered, and shall not, either by actual statement, omission, or intimation, imply that prospective employees are being sought. (H) All advertisements placed by the school or its representatives seeking prospective students must include and clearly indicate the full and correct name of the school, its address, and the city where the school is located. (I) No advertisements of any type shall use the word "wanted," "help wanted," or the word "trainee," either in the headline or the body of the advertisement, nor shall any advertisement indicate in any manner that the school has or knows of jobs or employment of any nature available to prospective students; only "placement assistance," if offered, may be advertised. (J) No statement or representation shall be made that students will be guaranteed employment while enrolled in the school or that employment will be guaranteed for students after graduation, nor shall any school or representative thereof falsely represent opportunities for employment upon completion of any program of study. (K) No dollar amount or amounts will be quoted in any advertisement as representative or indicative of the earning potential of graduates. (L) No statement shall be made that the school or its programs of instruction have been accredited unless the accreditation is that of the appropriate nationally recognized accrediting agency listed by the United States Office of Education. (M) No statement shall be made that the school or its programs of instruction have been approved unless the approval can be substantiated by an appropriate certificate of approval issued by the approving agency of the state or federal government. Any advertisement that includes a reference to awarding of credit hours shall include the statement, "limited transferability." An explanation of the transferability must be included in an appropriate place in all school catalogs. Where a school has an arrangement with a college or university to accept transfer hours, such information may be advertised but any limitations shall be included in such advertisement. (N) No proprietary school shall advertise as an employment agency under the same name or a confusingly similar name or at the same location of the school. No representative shall solicit students for a school through an employment agency. (O) The director at any time may require that a school furnish proof to the director of any of its advertising claims. If proof acceptable to the director cannot be furnished, a retraction of such advertising claims published in the same manner as the claims themselves, must be published by the school and continuation of such advertising shall constitute cause for suspension or revocation of its certificate of approval. (P) If student tuition loans are available at the school, the school may advertise them only with the language "student tuition loans available" in type no larger than that used for the name of the school. This does not preclude disclosure of the institution's eligibility under the various state and federal loan programs. (Q) Schools which are cited by the Division of Proprietary Schools and Veterans Education three or more times during any 12-month period for violating any of the provisions of this subsection shall maintain for one year from the date of the third citation a complete record of all advertising, sales, or enrollment materials (and copies of each) used by or on behalf of the institution during the 12-month period. If the director views the violations to be of sufficient gravity, the school may be required to maintain the record after the first or second violation. The materials maintained shall include, but not be limited to, direct mail pieces, brochures, printed literature used by sales people, films, video and audio tapes disseminated through the broadcast media, materials disseminated through the print media, leaflets, handbills, fliers, and any sales or recruitment manuals used to instruct sales personnel. (R) Nothing in these guidelines shall prohibit release of information to students as required by a federal agency. (8) Minimum progress and attendance standards. (A) Progress. Appropriate standards must be implemented to ascertain the progress of the students enrolled. Progress standards must meet the following requirements. (i) Schools approved on a clock hour basis must have a progress evaluation system on a maximum of eight weeks. Schools approved on a credit hour basis must have a progress evaluation system at mid-term and end-of-term for semester or quarter or at least every eight weeks. (ii) Correspondence schools shall maintain on forms approved by the director a progress evaluation system. This form shall include the date course materials are mailed to the student, the date the lesson assignment is received from the student, the grade on a lesson basis, the instructor's name, and the date graded assignments are mailed or returned to the student. The form must also include a final grade for the course with completion date indicated. (iii) The progress evaluation records must be of the type and nature to reflect whether the student is making satisfactory progress to the point of being able to complete all subject matter within the allotted time provided in the course curriculum. (iv) Seminars and workshops as defined in sec.175.122 of this title may give only a final exam at the end of the program in lieu of the progress evaluation system outlined required in this subsection to determine whether the student has the knowledge to warrant a certificate of completion. (v) For programs of 200 clock hours or less, a student's grades will be recorded at mid-term and at the end of each grading period. A student who is not making satisfactory progress at mid-term shall be placed on probation for the remainder of the grading period. If the student fails to achieve satisfactory progress at the end of the probationary period, the student's enrollment shall be terminated. (vi) The following subclauses apply to programs in excess of 200 clock hours. (I) A student who is making unsatisfactory progress at the end of a grading period shall be placed on probation for the next grading period. If the student on probation achieves satisfactory progress for the subsequent grading period but has not achieved the required grades to achieve overall satisfactory progress for the program, the student may be continued on probation for one more grading period. (II) If the student on probation fails to achieve satisfactory progress for the first probationary term, the student's enrollment will be terminated. (III) The enrollment of a student who fails to achieve overall satisfactory progress for the program at the end of two successive probationary grading periods shall be terminated. (IV) When a student is placed on probation, that student will be counseled prior to returning to class, and the date, action taken, and terms of the probation shall be clearly indicated on the appropriate permanent records. (V) A student whose enrollment was terminated for unsatisfactory progress may be reentered after a minimum of one grading period. This does not circumvent the approved refund policy. (VI) A student who returns after the enrollment was terminated for unsatisfactory progress shall be placed on probation for the next grading period. The student shall be advised of this action and the students file documented accordingly. If the student does not maintain satisfactory progress during or at the end of this probationary period, that student will be terminated. (vii) The school shall submit its regulations pertaining to incomplete grades to the director for approval and publish those regulations in the school's catalog. The regulations shall address the possibility of the subjects being discontinued when the student returns and clarify appropriate reasons as set forth in the Texas Education Code, sec.32.39(f) . (B) Attendance. (i) Absence shall be charged for a full day when the student attends none of the scheduled classes on that day. A partial day of absence shall be charged for any period of absence during or at the end of the day. Seminar and workshop programs which begin and end during one day do not have to maintain an attendance policy. (ii) School holidays, such as summer vacation and Christmas holidays, etc., shall not be considered as days of absence. (iii) The attendance policy shall stipulate the following condition for termination of students who accumulate absences as outlined in the following subclauses prior to entering the period in which the student is obligated for all tuition, fees, and other charges: (I) more than 10 consecutive school days; (II) more than 15% of the total clock hours in a program; (III) more than 25% of the total clock hours, if the program is 200 clock hours or less in the approved programs. (iv) Students whose enrollments are terminated for violation of the attendance policy may not reenter before the start of the next grading period. This does not circumvent the approved refund policy. (v) For schools having specific term-beginning dates a school may not start students after the third day of classes, during any given term, except in those cases where appropriate credit has been given according to the Texas Education Code, sec.32.33(d), and of sec.175.127(b)(2)(B) of this title (relating to Minimum Standards for Operation of Proprietary Schools). (vi) Make-up work shall not be authorized for the purpose of removing an absence. (vii) Leaves of absence are as follows. (I) Leaves of absence for reasonable purposes acceptable to the school director shall not exceed the lesser of 30 school days or 60 calendar days. (II) A student shall be granted only one leave of absence per 12-month period. (III) The school attendance records shall clearly show the dates for which the leave of absence was granted. A written statement as to why the leave of absence was granted signed by both the student and the school director indicating approval shall be placed in the individual student file. (IV) If the student fails to return from leave, the student will be automatically terminated, and a refund shall be totally consummated within 30 days. (V) The leave of absence policy shall be stated in the school's catalog. (viii) All schools must maintain a master record of attendance for each student which clearly indicates the number of scheduled hours each day and the hours of absence. The instructor's roll books must indicate a positive record of each student's attendance. Entries in the roll books shall be made in ink. Schools offering seminars, workshops, or other programs where students do not change instructors during the school day are not required to maintain a separate master record of attendance. (9) Equipment requirements. (A) The equipment required for instruction shall be determined by the program objective. The equipment shall be comparable to that commonly found in business and industry offering employment in the occupation for which the instruction is being offered. (B) The school shall provide adequate equipment in good working order for the intended instructional purpose. Equipment not in working order shall be removed from the instructional area, marked as out-of-order, or properly identified as awaiting repair. (C) The school equipment shall be of sufficient quality and quantity to meet the maximum use requirements of the current students, as demanded by the activity patterns of the training program. (10) School-sponsored housing. (A) Housing endorsed by the school shall comply with all local, city, county, municipal, state, and federal regulations such as fire, building, and sanitation codes. (B) The school shall inspect proposed housing before endorsement. (11) Financial stability. (A) New school. (i) The prospective owner shall furnish the director with an initial application for a certificate of approval, an audited balance sheet consistent with generally accepted accounting principles and auditing standards, that has been certified by an independent public accountant or certified public accountant properly registered with the appropriate state board of accountancy. (ii) If the school will be owned by a sole proprietor, the balance sheet may be reviewed, rather than audited by the accountant. The notes to the personal balance sheet must disclose the amount of payments for the next five years to meet debt agreements as required by generally accepted accounting principles for other types of financial statements. (iii) The balance sheet must be accompanied by the owner's statement outlining any payments made since the balance sheet date and the expected expenses for the first three months of operation. These expenses may include, but are not limited to, the following: (I) salaries, listed by position name and including withholding, unemployment taxes, and any other related expenses; (II) lease payments for equipment listed by the name of the equipment; (III) lease payments for facilities; (IV) accounting, legal, and professional fees; and (V) an estimate of other expenses such as advertising, travel, textbooks, office supplies, classroom supplies, printing, telephone, utilities, taxes, and sales commission. (iv) The prospective owner shall also furnish such other evidence as may be deemed appropriate by the administrator to establish financial stability. (B) General requirements for financial statements. Each certificated school shall furnish annually two copies of acceptable financial statements in association with an independent public accountant or certified public accountant not later than 120 days from the close of the school's fiscal year. These statements shall be consistent with generally accepted accounting principles except compilations and must include the following: (i) balance sheet. Calculation of unearned student tuition shall be based upon at least a quarterly pro rata basis or refund policy basis for the program whichever would most accurately reflect recognition of income; (ii) statement of results of operation (statement of income and retained earnings). This statement must include the gross amount of tuition and fees earned net of refunds during the fiscal year for all programs approved under the Texas Education Code, Chapter 32, for each school; (iii) statement of cash flows; (iv) the gross amount minus refunds of annual student tuition and fees for each school unless the school chooses to pay the maximum annual renewal fee. (C) Specific types of statements required. Certificated schools shall meet the following requirements. (i) Schools shall submit audited financial statements which have been certified by an independent public accountant or certified public accountant at the end of their first year of operation. (ii) At the end of the second year of operation and thereafter, schools shall submit annual financial statements as set forth in subparagraph (B)(i)-(iv) of this paragraph which may be reviewed rather than audited, by an independent certified public accountant or public accountant. The school may submit financial statements which have been compiled by an independent certified public accountant or public accountant, if the gross annual revenue from student tuition and fees is $50,000 or less; or the programs are less than one month in length. The compiled financial statements shall contain at least one note which discloses the current and long term liabilities similar to those required by generally accepted accounting principles for reviewed and audited statements. (iii) If a question arises as to the validity of the compiled or reviewed financial statements submitted or to the adequacy of the financial structure, the administrator may require an audit of a school, at the school's expense, that has been certified by an independent certified public accountant or public accountant. (iv) Schools which are subsidiaries of another corporation may submit, in lieu of the statements required in subparagraph (B)(i) -(iv) of this paragraph, the annual audited financial statements of the parent corporation provided that: (I) said statements shall be accompanied by an audited list of any Texas student tuition refunds payable by the subsidiary school at the close of its fiscal year. In addition, the statements shall also be accompanied by an audited amount for each school stating the gross amount minus refunds of Texas student tuition and fees earned during the fiscal year on all programs approved under the Texas Education Code, Chapter 32, unless a written assurance that the maximum annual renewal fee shall be paid for each school accompanies the financial statements; and (II) the parent corporation assumes full responsibility for ensuring that each student enrolled in the subsidiary school receives either the training agreed upon or a refund as provided in the Texas Education Code, Chapter 32, and submits a certified resolution of its board of directors to this effect. (D) Interim financial statements. If a school chooses to submit interim financial statements in addition to the annual statements to establish financial stability, those interim statements must meet the minimum requirements in subparagraphs (B) and (C) of this paragraph. (E) Financial stability required. The school shall have sufficient finances to establish and carry out a satisfactory program of education on a continuing basis. (i) The balance sheet required in subparagraph (A) of this paragraph must reflect sufficient cash to pay all expenses for the first three months of operation. To determine sufficient cash, see subparagraph (A)(iii) of this paragraph. (ii) The applicant's balance sheet required in subparagraphs (A)-(D) of this paragraph shall reflect all of the following: (I) positive equity or net worth balance; (II) unearned tuition as a current liability; and (III) a current ratio of at least one-to-one. To determine this ratio, staff will deduct any unearned tuition from both the asset and liability sections, and deduct from the asset section and the equity section of the balance sheet, any subscription receivables, and/or related party receivables in connection with loans to stockholders if the loan has been included in current assets for more than one year. The requirements related to the current ratio do not apply to those schools whose bond amount is $20,000 or less as required by the Texas Education Code, s32.38, provided that the amount of the bond is greater than the amount of unearned student tuition and the amount of any negative equity considered separately. (iii) The balance sheet shall reflect that stockholder's equity or net worth exceeds the amount shown for goodwill under assets in the balance sheet. (F) Federal audits. Schools which participate in federal financial aid programs must submit a copy of each audit in accordance with reporting requirements of "Government Auditing Standards," the most current edition, issued by the Comptroller General of the United States at the same time the audit report is submitted to the Department of Education. (G) Change in ownership. Prior to a change in ownership of a proprietary school, the purchaser must furnish the director an acceptable balance sheet which meets the requirements out-lined in subparagraph (A) of this paragraph with the exception of subparagraph (A)(iii) of this paragraph. The purchaser shall furnish any other evidence deemed appropriate by the administrator to establish financial stability. (H) Other requirements. All financial statements must identify the name of the independent public accountant or certified public accountant associated with the statements and be in accordance with generally accepted accounting principles. Compilations must be accompanied by the owner's affidavit that the statements are true and correct. Accountants from states other than Texas must give their state license number. (12) Adequate space for classroom instruction and shop/laboratory experiences. (A) The amount of classroom and shop/laboratory space shall meet the use requirements of the maximum number of current students in class with appropriate seating facilities and/or work stations, as necessitated by the activity patterns of the training program. (B) Enrollment shall not exceed the design characteristics of the student work stations. The facilities shall meet any state and local ordinances governing housing and safety for the use designated. (C) Seminars and workshops without a fixed location, itinerant schools, and schools with multiple locations shall submit for the approval of the director the dates of program offerings, locations, and class schedule at least 30 days prior to teaching a class. (13) Maximum pupil-teacher ratio. These ratios may be varied at the discretion of the director to conform to conditions in an individual school. If adequate facilities and equipment are available, the following pupil-teacher ratios will be acceptable: (A) Business theory-40 to 1; (B) Business lab (examples: accounting, typing, shorthand) -50 to 1; (C) Technical and vocational theory-40 to 1; (D) Technical lab (examples: computer programming, data processing, electronics)-20 to 1; (E) Vocational lab (examples: auto mechanics, air conditioning and refrigeration, drafting) -30 to 1. (14) Records. (A) All schools shall make available the records and necessary data required for approval and to show compliance with the Texas Education Code, Chapter 32, and this chapter for inspection by authorized representatives of the agency. In addition, a copy of the accreditation authorization and the letter of eligibility from the United States Department of Education shall be available for review. There will be at least one unannounced compliance survey at each school each year. Other compliance surveys may be announced at the discretion of the director. (B) The schools shall retain all student records for at least three years. Financial records must be retained as required by federal retention requirements. (C) Schools must maintain student transcripts which record academic records permanently. Transcripts shall be available to students and prospective employers at a reasonable charge, if the student has fulfilled the financial obligation to the school and is not in default nor owes a refund on any federal or state student financial aid program. (D) Each school shall maintain a master student registration list consisting of at least the information in this paragraph. An entry shall be made on this list for any person who signs an enrollment agreement, makes a down payment to attend the school, or attends a class. The entry shall be made on the date the first of these events occurs. The order of these events may vary from school to school. The following information is required: (i) date; (ii) name of student; (iii) address of student including city, state, and zip code; (iv) telephone number; (v) social security number; (vi) date of birth; and (vii) name of program. (E) All schools must maintain positive records of student attendance acceptable to the director. (F) All schools must complete the labor market information survey on forms provided by the division and submit on or before the date provided in the survey packet as requested by the administrator. (G) All schools shall report job placement and employment data on an annual basis in each program approved for an occupational objective. (i) The report form will be provided to each school by the agency at least 30 days prior to the report due date for each approved program and will be due five months after the end of the reporting period. (ii) Verifiable documentation shall be available for review to support data reported. This shall include, but is not limited to, the names of graduates and the names, addresses, and telephone numbers of the employers of the graduates. (15) Student complaints. (A) The school shall have a written grievance procedure approved by the director that is disclosed to all students. The function of the procedure will be to attempt to resolve disputes between students, including drops and graduates, and the school. Adequate records shall be maintained. (B) The school shall make every effort to resolve complaints at the school. (C) The investigation fee authorized by the Texas Education Code, sec.32.71(e), is per site visit. The school director shall be notified that an on-site investigation was conducted which resulted in the assessment of the fee. sec.175.128. Application Fees and Other Charges. (a) In the event of a change in ownership of the school, the new owner shall pay the same fee as that charged for an initial fee for a school. (b) The annual renewal fee for a school is based on the gross amount minus refunds of annual student tuition and fees. This gross amount minus refunds must be included in the annual financial statements required by sec.175.127(b)(11) of this title (relating to Minimum Standards for Operation of Proprietary Schools) and reflect the amount for each school separately. If the financial statements of the parent corporation are submitted, the gross amount minus refunds may be included as a separate document but must be audited by an independent certified public accountant or public accountant registered with the appropriate state board of accountancy. In the alternative, a school may choose to pay the maximum annual renewal fee instead of reporting the gross amount of annual student tuition and fees. (c) A late renewal fee of 12% of the renewal fee shall be paid in addition to the annual renewal fee if the school fails to file a complete application for renewal at least 30 days before the expiration date of the certificate of approval. The requirements for a complete application for renewal are found in sec.175.125 of this title (relating to Approvals). The complete renewal application must be postmarked with a date on or before the due date. (Note: Late fee may not be less than the statutory minimum of $100.) (d) Fees shall be set in an amount allowed by law that is estimated to finance agency regulation of the proprietary school industry. (e) Certificate and registration fees shall be collected by the administrator and deposited with the state treasurer in accordance with the following schedule. (1) Initial fee for a school is $2,550. (2) The first annual renewal fee is and each subsequent renewal fee authorized by the Texas Education Code, sec.32.71(a)(2), is 0.3% of the school's gross tuition and fees excluding refunds as provided by the Texas Education Code, sec.32.39. (3) The initial fee for a representative is $90. (4) The annual renewal fee for a representative is $45. (5) The fee for a change of name or a school owner is $150. (6) The fee for the change of address of a school is $270. (7) The fee for a change in the name or address of a representative or a change of the name or address of a school that causes the reissuance of a representative permit is $15. (8) The application fee for an additional program is $225, except for seminar and workshop programs for which the fee is $35. (9) The application fee for a school director, administrative staff member, or instructor is $20. (10) The application fee for the authority to grant degrees is $3,000. (11) The application fee for an additional degree course is $375. (12) The fee for an inspection required by rule of the State Board of Education of classroom facilities that are separate from the main campus is $375. (13) The fee for an investigation of a complaint against a school, if the school is at fault, is $600. (14) The fee for regulating a school or course through a memorandum of understanding is $2,000. (f) The rate required by the Texas Education Code, s32.91, to collect funds for the proprietary school tuition protection fund is set at 30% of the school's annual renewal fee. sec.175.129. Minimum Standards for Operation of Proprietary Schools Which Grant Degrees. (a) Background. The commissioner of education and the commissioner of higher education shall develop a memorandum of understanding regarding the regulation of proprietary schools for those schools offering degrees regulated by the Texas Higher Education Coordinating Board. Schools approved to issue the Associate of Applied Arts (AAA), Associate of Applied Science (AAS), and Associate of Occupational Studies (AOS) degree prior to June 16, 1989, may continue to admit students to those degree programs until June 16, 1993, unless approval has been revoked. All students enrolled in such degree programs shall complete all degree requirements before December 15, 1995. The degrees referred to in this subsection are only the AAA, AOS, and AAS degrees previously approved by the Central Education Agency, and the Applied Technology and Occupational Studies degrees which have been authorized by the Texas Education Code, sec.32.401. Any new AAA and AAS degrees requested after September 1, 1989, will have to meet different standards to be designated by the Texas Higher Education Coordinating Board. (b) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise. (1) Applied foundations courses-Language and mathematics courses such as business English, technical writing, report writing, business mathematics, electronic mathematics, and/or any other courses approved by the director which provide the student with the foundation and skills appropriate for the objective of the degree. (2) Applied Technology (AT) degree-A technical certificate issued to students who complete an occupational curriculum and general education of collegiate level and character consisting of at least 60 semester hours or 90 quarter hours, but not less than 1,200 clock hours of instruction. (3) Occupational Studies (OS) degree-A technical certificate issued to students who complete an occupational curriculum which will assure adequate preparation for entry level employment in a particular occupational field. These programs shall consist of at least 60 semester hours or 90 quarter hours, but not less than 1,400 clock hours of instruction. (4) Block-time programs-Programs in which courses are not scheduled on a standard quarter or semester basis. Courses in these programs are normally scheduled serially. (5) Branch campus-A certificated institution whose accreditation is based on another certificated institution, fully and separately accredited as a free standing institution in Texas and which is owned by the same person, persons, partnership, and/or corporation as the main campus. (6) Classroom lecture-Presentation of theory by an instructor. (7) General education courses-Language, mathematics, history, economics, science, or behavioral science courses or any other courses approved by the director which meet the general education needs of students and which provide the student with foundation and developmental skills appropriate for the occupational objective of the degree. (8) Term-A period of instruction into which the academic year may be divided in programs offered on a block-time basis. A term must not be greater than 18 weeks in length. (c) Minimum standards. (1) In addition to compliance with all other appropriate minimum standards for operation of proprietary schools in this chapter and the Texas Education Code, Chapter 32, the standards and requirements in this section shall be applicable to proprietary schools which grant degrees. (2) The quality, content, and sequence of each course, curriculum, or program of instruction, training, or study shall be appropriate to the purpose of the institution and shall be such that the institution may reasonably and adequately achieve the stated objectives of the course or program by providing graduates of these programs with marketable skills. In addition, prior to graduation students shall demonstrate the attainment of advanced skills as appropriate to the degree. At least 95% of the subjects required for each degree shall be offered in organized classes. (3) An institution may contract with another institution for the instruction of general education or applied foundation courses if that contract has been approved by the agency. A minimum of 14 quarter credit hours and nine semester credit hours of the courses required for the applied technology degree shall be general education courses. A minimum of nine quarter credit hours or six semester credit hours of the courses required for the occupational studies degree shall be applied foundations courses. (4) Deans, directors, or supervisors of AAA, AAS, AOS, OS, or AT degree programs shall have at least: (A) a master's degree with three years of experience in the field within the last 10 years or a master's degree with three years of administrative experience within the last 10 years; or (B) a bachelor's degree with five years of experience in the field within the last 10 years or a bachelor's degree with five years of administrative experience within the last 10 years. (5) Instructors employed in AAA, AAS, AOS, OS, or AT programs shall have: (A) a bachelor's degree if the subject to be taught is general education; otherwise, (B) a bachelor's degree with two years of experience in the field within the last 10 years; or (C) an associate's OS, or AT degree with three years of experience in the field within the last 10 years; or (D) a high school diploma or GED with five years of experience in the field within the last 10 years. (6) There are sufficient number of permanent teaching faculty to ensure the following: (A) continuity and stability of the education programs; (B) opportunities for student consultations and inservice training for the faculty members; and (C) a teaching load that is reasonable in the number of subject preparations, numbers of class periods and hours of assigned instruction, and other additional duties. (7) Schools which offer degree programs shall use advisory committees in developing and evaluating curriculum content and equipment. There shall be an advisory committee for each degree program consisting of at least five members knowledgeable about that occupation. Schools which offer more than one degree program with similar objectives may have a maximum of two of the five members from one of the degree programs serve on the advisory committee for another program. The committees must meet at least once a year, and minutes of their activities must be recorded and maintained. (8) For schools offering degree programs, the progress and attendance standards shall include the following: (A) a progress evaluation system at least every semester, quarter, or at least every eight weeks in block-time programs; (B) a requirement that the minimum grade point average for graduation from all degree programs be a 2.0 based on a 4.0 scale and that students achieve a passing grade in all required subjects; (C) a probationary period of one semester, quarter, or approved grading period following the end of the semester, quarter, or approved grading period in which the student's grades become unsatisfactory; (D) conditions for suspension or termination at the end of not more than two consecutive probationary periods if the student's cumulative grade point average does not improve to the level required for graduation; (E) provisions for termination or probation during the next quarter, semester, or approved term when a student is absent for more than 15% of the scheduled clock hours during a quarter, semester, or approved term; (F) provisions for termination when a student is absent for more than 15% of the scheduled clock hours during the probationary quarter, semester, or approved term; and (G) provisions for termination prior to the last quarter when a student is absent in excess of 10 consecutive school days or 15% of the total clock hours in the course, whichever occurs first. (9) In addition to the requirements concerning leaves of absence in sec.175.127(b)(8)(B)(vii) of this title (relating to Minimum Standards for Operation of Proprietary Schools), schools which offer degree programs that schedule their courses on a quarter or semester basis may include in their attendance policies provisions for summer leaves of absence which shall not exceed the lesser of 120 days or the interval between the end of the spring quarter or semester and the start of the fall quarter or semester. (10) The requirements for learning resources are as follows. (A) Schools offering degree programs must provide an adequate learning resource center or centers. This requirement may be met in any one or any combination of the following ways: (i) within the individual classrooms; (ii) within the individual laboratories; (iii) within individual shops; or (iv) in a school-wide learning resource center. (B) Materials shall include such items as reference books; industrial and technical manuals; trade, technical, and professional periodicals; and audio- visual aids and equipment appropriate to the nature of the program. Responsibility must be assigned for maintenance of the center or centers and for purchasing, recording, and distributing materials and equipment. A current inventory shall be maintained. The center or centers must be available for use by students during the school's regular hours of operation. (11) The residency requirements for schools offering degree programs are as follows. (A) Transfer students. Students who transfer from other postsecondary institutions shall complete at least 20 semester hours or 30 quarter hours in residency at the school which will grant the degree. This does not apply to transfers within the same school system. (B) Current students. Students attending at the time a school becomes a degree- granting school may be awarded a degree provided that they have met all the prerequisites for acceptance into the degree program and satisfactorily complete all courses and/or equivalent courses in the approved curriculum of the degree program. (C) Former students. To qualify for a degree, former students shall meet all the prerequisites for acceptance into the degree program and must satisfactorily complete all courses and/or equivalent courses in the approved degree program. (12) The institution shall provide prospective students, prior to enrollment, a catalog containing information describing the purpose, length, and objectives of the programs offered by the institution; schedule of tuition, fees, and all other charges and expenses necessary for completion of the program of study; cancellation and refund policies; and such other facts concerning the institution and the program or course of instruction as are reasonably likely to affect the decision of the student to enroll therein, together with any other disclosures specified by this chapter. Any institution that provides a degree must explain to each student in the enrollment process that transferability may be limited. Each student must sign a statement to the effect that an explanation has been provided. Should a school have an articulation agreement with an academic college or university, such information shall be provided, including any limitations. Any such school shall also provide a list of known Texas institutions of higher education and state technical institutes that accept any or all of the credit hours so earned. (13) Upon satisfactory completion of training, the student shall be given appropriate educational credentials by the institution indicating that the program of instruction or study undertaken has been satisfactorily completed by the student. (14) Adequate records shall be securely maintained by the institution to show attendance, progress, or grades. The institution shall maintain student academic transcripts permanently and shall make these transcripts available to students and prospective employers at a reasonable charge if the student has fulfilled the financial obligation to the school and is not in default or owes a refund on any federal or state student financial aid program. (15) The institution shall require for admission into its degree programs a high school diploma or recognized equivalency certificate or evidence of successful completion of the equivalent of one full-time semester (12 semester hours) or quarter (18 quarter hours) at an accredited college or university or postsecondary institution. Official transcripts of all previous postsecondary institutions attended provided by the student must be in the student file with a written evaluation initialed by the school director or the school director's designee. (16) The institution shall be maintained and operated in compliance with all ordinances, laws, and rules pertaining to the safety and health of all persons upon the premises. (d) Eligibility requirements. (1) Schools desiring approval for a degree shall be accredited by an agency or association recognized by the United States Commissioner of Education. (2) Institutions which have been in operation in Texas and have complied with the Texas Education Code as nondegree-granting institutions for a minimum of two years may make application to the Central Education Agency for approval to grant a degree. As a minimum, "in operation" means that classes have been conducted for two years. (3) The institution and its programs of study submitted for approval of a degree shall be fully operational on the dates of the on-site evaluations; i.e., there must be on hand or under contract all the human, physical, administrative, and financial resources necessary to demonstrate the capability to meet the minimum standards. (4) A certificated and accredited branch campus of a fully and separately accredited institution that has been approved to grant a degree in Texas may apply to grant the same degree provided that the branch campus is also in compliance with all other minimum standards except paragraph (2) of this subsection. (5) Correspondence schools and schools which are not located in Texas are not eligible to apply for approval to grant a degree under the provisions of this section. (e) Application for approval to grant a degree. An institution may apply to the Central Education Agency for approval to grant a degree in specified programs of study on the application forms provided by the agency. Effective September 1, 1989, all applications for the AAA and AAS degrees must be submitted to the Texas Higher Education Coordinating Board. (f) Issuance of approval to grant a degree. (1) The administrator may issue an approval to grant a degree if the administrator finds that the applicant institution meets the standards for approval. (2) The institution approved to grant a degree shall not use terms to interpret the significance of the approval which specify or connote greater approval. Terms which may not be used include, but are not limited to, "accredited," "supervised," "endorsed," and "recommended" by the Central Education Agency or the Texas Education Agency. Any institution that advertises a degree shall include the statement, "limited transferability." An explanation of the transferability must be included in an appropriate place in all school catalogues. Where a school has an arrangement with a college or university to accept transfer hours, such information may be advertised but any limitations shall be included in such advertisement. (g) Amendments to current approvals. (1) When an amendment to an existing approval to award a new or different degree or a change in a previously approved degree is sought within the period covered by an existing approval, the institution shall forward to the director a detailed description of the proposed change. In addition to all the provisions of sec.175.127(b)(6)(A) of this title, this shall include, but need not be limited to, an outline of the curriculum to be offered, the qualifications of the faculty involved, textbooks to be used, learning resource center materials to be provided, and advisory committee membership changes, if appropriate. (2) If the proposed changes meet the required standards, the institution's approval will be amended. (3) Degree programs are subject to review and renewal with the school's certificate of approval. sec.175.130. Truck Driver Training. (a) General information. In addition to compliance with all other appropriate minimum standards for operation of proprietary schools in this chapter and the Texas Education Code, Chapter 32, the standards and requirements in this section are applicable to schools offering truck driver training. (b) Programs. All behind-the-wheel instruction shall consist of actual driving practice while the motor vehicle is in motion. If behind-the-wheel instruction is conducted with groups of students, all contracts and advertisements shall so state. No more than four persons, excluding the instructor, may occupy any motor vehicle during the behind-the-wheel instruction. If group observation training is employed, only the actual time spent behind the wheel in vehicle operation shall be credit toward satisfying minimum standards for behind-the-wheel instruction. (c) Training program for qualifying truck driver training instructors. Truck driver instructors must complete 40 clock hours in safety education and driver training, as determined by the administrator. (1) The following is an outline of subjects and required hours of minimum 40- clock-hour courses to be followed by truck driver instructor trainer: (A) techniques of instruction-five hours: (i) qualities of a competent instructor; (ii) the learning process; (iii) methods of teaching; (iv) development of habits; (v) demonstration teaching; (vi) use of instruction material; (vii) use of training aids; (viii) course preparation and lesson plans; (ix) testing and evaluation; and (x) duration and frequency of lessons; (B) personality factors affecting the driver and pedestrian -2 hours: (i) natural abilities; (ii) senses; (iii) mind and nerves; (iv) bones and muscle; (v) knowledge of vehicle, road, traffic, and self; (vi) character: (I) attitudes; and (II) emotions; (vii) reaction time; (viii) circumstances affecting personality: (I) poisons-alcohol, other drugs, carbon monoxide; (II) over-the-counter, prescription, and illegal drugs; (III) diseases-heart ailments, epilepsy, diabetes, insanity; and (IV) fatigue-exhaustion, tension, monotony; (C) state laws relating to the operation of motor vehicles -six hours: (i) registration of vehicles; (ii) certificate of title; (iii) operation of vehicles; (iv) uniform act; (v) miscellaneous offenses; (vi) driver's license; and (vii) safety responsibility; (The titles correspond to those used in the Texas Motor Vehicle Law book.) (D) driving procedures-eight hours: (i) city driving; (ii) rural driving; (iii) night driving; (iv) winter driving; (v) mountain driving; (vi) freeway driving; (vii) driving in rain, fog, sandstorms, etc.; (viii) driving on slick roads and running off road; (ix) traffic signs, markings, and signals; (x) driver signals; (xi) passing problems on two- and three-lane roadways; (xii) proper passing procedures; (xiii) proper use of rearview mirrors; (xiv) vehicle braking and stopping distances; (xv) following distances; (xvi) right-of-way, when and how to yield it; (xvii) vehicle acceleration and deceleration; (xviii) blowout hazards and recovery procedures; (xix) problems and procedures involving trucks and supersize motorized equipment; and (xx) yielding right-of-way to emergency vehicles. (E) physical forces affecting the motor vehicle in motion -three hours: (i) forces of gravity; (ii) friction; (iii) acceleration, mass, and force; (iv) inertia and centrifugal force; (v) kinetic energy and momentum; (vi) kinetic energy and braking; and (vii) horsepower and acceleration. (F) highway characteristics-two hours: (i) types of highways -primary, secondary, expressway, freeway, farm or ranch road; (ii) types of roadways -two-way two-lane, two-way three-lane, two-way multilane, two-way multilane divided, one-way multilane; (iii) parking; (iv) freeway characteristics; (v) traffic controls: (I) signs-shape, color, location, importance; (II) traffic marking-center line, lane lines, no pass zone, transition markings, turn lane marking, stop lines, crosswalk lines, etc.; and (vi) signals-classification location, type, timing; (G) the automobile-systems and maintenance-two hours: (i) electrical-generator or alternator, battery, lighting, electric-powered equipment; (ii) cooling system; (iii) lubrication and fuel systems; (iv) power train-engine, transmission, differential; (v) brake system; (vi) wheels and tires -caster, camber, toe-in, balance, inflation, tire condition, and care; (vii) exhaust system; (viii) instruments and gauges; (ix) compartment adjustments -seat, ventilation, mirrors, headrests, seat belts, and shoulder harness; (x) starting the engine and warm-up procedures; (xi) proper use of safety devices-door locks, seat belts, and shoulder harness, headrests, etc.; and (xii) windshield wipers, heater, defroster. (H) behind-the-wheel elementary lessons (demonstration in appropriate vehicle and practice to be performed in presence of instructor)-two hours: (i) starting; (ii) steering; (iii) stopping; (iv) shifting gears; (v) backing; (vi) turning-right and left; and (vii) parking and starting on grade; (I) behind-the-wheel driving safety lessons (demonstration in appropriate vehicle and practice to be performed in presence of instructor) -six hours: (i) developing good seeing habits; (ii) speed control; (iii) safe following; (iv) lane driving and lane changing; (v) intersections and right-of-way; (vi) proper signaling; (vii) correct turn procedures; (viii) detection of and handling problems-vehicle, cycle, pedestrian; (ix) freeway driving-ramp use, entering, exiting, lane use, emergency stopping; (x) parking procedures; (xi) entering traffic from parked position; and (xii) night driving. (J) school and instructor approval requirements-two hours: (i) school approval requirements; (ii) instructor approval requirements; (iii) classroom and automotive equipment requirements; (iv) required student records; (v) contract requirements; and (vi) deportment of instructors. (K) specialized training-two hours: (i) students with physical, mental, or emotional handicaps; (ii) illiterate students; (iii) non-English-speaking students; and (iv) habitual violators and problem drivers. (d) Instructors. (1) Qualifications. A truck driver training instructor providing instruction to students behind-the-wheel in truck driver training programs shall meet the Department of Transportation's minimum standards for drivers pertaining to physical well-being. (2) Approval. (A) Truck driver instructor trainer. Responsibilities of a truck driver instructor trainer include administering and instructing an agency-approved 40- clock-hour truck driver training instructor development course to instructor trainees. (B) Truck driver training instructor. Responsibilities of a truck driver training instructor include instructing the multiphase truck driving course. (3) Refusal, suspension, revocation. The administrator may suspend, revoke, or refuse to renew an approval to any truck driver training instructor or instructor trainer, upon determining that: (A) the applicant or instructor has been convicted under the laws of this state, another state, or the United States of any felony, or an offense involving moral turpitude, or an offense of criminally negligent homicide committed as a result of the person's operation of a motor vehicle, an offense involving driving while intoxicated or driving under the influence of drugs, or an offense involving tampering with a governmental record; or (B) the applicant or instructor becomes incompetent to safely operate a motor vehicle or conduct classroom or behind-the-wheel instruction properly. (e) Motor vehicles. (1) Before filing an original or renewal application for an approval with the agency, each truck driver training school shall cause the insuring company or carrier to issue a certificate on forms furnished by the agency and certifying to the agency that the insurance company or carrier has issued a policy or policies of insurance, in the designated amounts, for the vehicles listed and any other such information as requested. An insurance certificate or certificates shall accompany and account for each motor vehicle listed by each truck driver training school vehicle fleet schedule form as provided by the director filed with the agency. (2) In the event insurance coverage for any vehicle used for truck driver training purposes is not renewed, the truck driver training school shall give written notice to the agency at least 10 days prior to the expiration date of the insurance coverage. (3) In the event the motor vehicle insurance coverage is to be cancelled, a copy of the written notice of cancellation shall be furnished immediately upon receipt of notice to the division by registered or certified mail. (f) Contracts-students. The student contract or school catalog for schools offering truck driver training programs shall show the minimum number of hours of actual driving time while the vehicle is in motion. (g) Prohibited activities. Including, but not limited to, the following, a person shall not: (1) allow an instructor to give instruction or allow a student to secure instruction in the classroom or in a motor vehicle if that instructor or student is using or exhibits any evidence or effect of an alcoholic beverage, controlled substance, or drug as those terms are defined in Texas Civil Statutes, Article 6701l-1; (2) permit a student to operate a motor vehicle without a valid driver's license or instruction permit in the student's possession during behind-the-wheel instruction; (3) permit more than a ratio of four students per vehicle and three vehicles per instructor on truck driving ranges; or (4) permit more than four students per vehicle per instructor during street instruction for truck driver training. (h) Advertising. No truck driver training school or instructor shall, by an advertisement or otherwise, state or imply that a driver's license or permit is guaranteed or assured to any student or individual who will take or complete any instruction or course of instruction, enroll, or otherwise receive instruction in any truck driver training school. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on January 15, 1992. TRD-9201349 Criss Cloudt Director, Planning Coordination Texas Education Agency Earliest possible date of adoption: March 6, 1992 For further information, please call: (512) 463-9701 TITLE 22. EXAMINING BOARDS Part III. Texas Board of Chiropractic Examiners Chapter 71. Application and Applicants 22 TAC sec.71.10 The Texas Board of Chiropractic Examiners proposes an amendment to sec.71.10, concerning application and applicants. The amendment addresses reexaminations and requirements for completing the remaining course of study for an examinee who passes the state board exam before he or she graduates. Jennie Smetana, Executive Director, has determined that for the first five-year period the section is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the section. Ms. Smetana also has determined that for each year of the first five years the section is in effect the public benefit anticipated as a result of enforcing the section will be that the board will monitor individuals who pass the boards before graduating from school and determine whether or not they completed the remaining course work in a timely manner as to ensure adequate qualifications. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the section as proposed. Comments on the proposal may be submitted to Jennie Smetana, Executive Director, Texas Board of Chiropractic Examiners, 8716 Mopac Expressway North, Suite 301, Austin, Texas 78759. The amendments are proposed under Texas Civil Statutes, Article 4512b, which provide the Texas Board of Chiropractic Examiners with the authority to promulgate procedural rules and regulations as deemed necessary. sec.71.10. Reexaminations. (a)-(b) (No change.) (c) To be eligible for licensure, an examinee in his or her final semester of chiropractic school must satisfactorily complete the remaining course of study resulting in graduation from chiropractic college within six months from the date of successful completion of the examination for licensure. Failure to complete the course of study in the required time disqualifies that examinee for licensure until such time examinee retakes the examination and successfully passes all sections to once again be eligible for licensure. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on January 28, 1992. TRD-9201322 Jennie Smetana Executive Director Texas Board of Chiropractic Examiners Earliest possible date of adoption: March 6, 1992 For further information, please call: (512) 343-1895 Chapter 75. Rules of Practice 22 TAC sec.75.1, sec.75.6 The Texas Board of Chiropractic Examiners proposes amendments to sec.75.1, sec.75.6, concerning rules of practice. The amendments address what constitutes grossly unprofessional conduct and the penalty for not responding to board inquiries. Jennie Smetana, Executive Director, has determined that for the first five-year period the sections are in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the sections. Ms. Smetana also has determined that for each year of the first five years the sections are in effect the public benefit anticipated as a result of enforcing the sections will be that the rules will disallow fee splitting and referral fees for patients referred to licensee. In addition, the licensees will be required to answer all board inquiries, including consumer complaints. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the sections as proposed. Comments on the proposal may be submitted to Jennie Smetana, Executive Director, Texas Board of Chiropractic Examiners, 8716 Mopac Expressway North, Suite 301, Austin, Texas 78759. The amendments are proposed under Texas Civil Statutes, Article 4512b, which provide the Texas Board of Chiropractic Examiners with the authority to promulgate procedural rules and regulations as deemed necessary. sec.75.1. Grossly Unprofessional Conduct. The rules and regulations of the board are prescribed by law in the Chiropractic Act, sec.14a. Under the provisions of sec.14a, (5), (6), and (8), the board rules that it shall be considered grossly unprofessional conduct for a licensee: (1)-(6) (No change.) (7) to violate any applicable health care, insurance, or advertising statute.
                                                                                              [to fail to state on every insurance claim in which he has waived the co-payment, the following statement, "Insurance payment will be accept as full payment." and to fail to provide the patient with a copy of each insurance form as mailed to the third party payor.] (8) to practice chiropractic in any facility that is not registered with this board. sec.75.6. Failure to Respond to Board Inquiries.
                                                                                                Each licensee shall [promptly] respond specifically (and within 20 days)
                                                                                                  to any and all
                                                                                                    board inquiries or alleged violations of the Chiropractic Act or rules promulgated by this board.
                                                                                                      [concerning complaints of professional misconduct by the licensee.] Responses shall be in writing and shall be directed to the attention of the board's Enforcement Committee. Failure to timely respond to a complaint shall be an independent ground for disciplinary proceedings. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on January 28, 1992. TRD-9201323 Jennie Smetana Executive Director Texas Board of Chiropractic Examiners Earliest possible date of adoption: March 6, 1992 For further information, please call: (512) 343-1895 22 TAC sec.75.7 The Texas Board of Chiropractic Examiners proposes new s75.7, concerning rules of practice. The new section addresses authorized practices, techniques, and procedures allowed to be utilized by chiropractors. Jennie Smetana, Executive Director, has determined that for the first five-year period the section is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the section. Ms. Smetana also has determined that for each year of the first five years the section is in effect the public benefit anticipated as a result of enforcing the section will be that the new rule will outline what procedures and methods of treatment are within the scope of practice for chiropractic. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the section as proposed. Comments on the proposal may be submitted to Jennie Smetana, Executive Director, Texas Board of Chiropractic Examiners, 8716 Mopac Expressway North, Suite 301, Austin, Texas 78759. The new section is proposed under Texas Civil Statutes, Article 4512b, which provide the Texas Board of Chiropractic Examiners with the authority to promulgate procedural rules and regulations as deemed necessary. sec.75.7. Authorized Practices, Techniques, and Procedures. (a) Licensees of this board are authorized to use clinical and physical examinations, laboratory examination, diagnostic imaging, electro-diagnostic testing, and other forms of testing and measurement used to properly evaluate and examine patients, provided said examination, testing, and measurement is consistent with this subsection. (b) Licensees of this board are authorized to render diagnostic and other opinions consistent with subsection (d) of this section in making a proper analysis of examination and evaluation findings. (c) Licensees of this board are authorized to utilize osseous and soft tissue adjustments and manipulative techniques, physical and rehabilitative therapy, acupuncture and other reflex techniques, exercise therapy, immobilization, splinting, bracing or supportive techniques, patient education, advice and counsel, nutritional and herbal supplements, non-legend medication, and other treatment services and procedures in order to provide therapeutic and preventative care for a patient provided said services and procedures are consistent with subsection (d) of this section. (d) Licensees of this board shall not utilize any practices, techniques, or procedures which this board finds to be invalid or which are in violation of Texas Civil Statutes, Article 4512b or other rules of this board. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on January 28, 1992. TRD-9201324 Jennie Smetana Executive Director Texas Board of Chiropractic Examiners Earliest possible date of adoption: March 6, 1992 For further information, please call: (512) 343-1895 Chapter 77. Advertising and Public Communication 22 TAC sec.77.3 The Texas Board of Chiropractic Examiners proposes new s77.3, concerning advertising and public communication. The new section addresses the rules for offering free or discounted services to patients. Jennie Smetana, Executive Director, has determined that for the first five-year period the section is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the section. Ms. Smetana also has determined that for each year of the first five years the section is in effect the public benefit anticipated as a result of enforcing the section will be that the specific guidelines will ensure that the doctor and the public are aware of what can be offered as a free service and what is meant by "free." There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the section as proposed. Comments on the proposal may be submitted to Jennie Smetana, Executive Director, Texas Board of Chiropractic Examiners, 8716 Mopac Expressway North, Suite 301, Austin, Texas 78759. The new section is proposed under Texas Civil Statutes, Article 4512b, which provide the Texas Board of Chiropractic Examiners with the authority to promulgate procedural rules and regulations as deemed necessary. sec.77.3. Offering of Free/Discounted Services. (a) When a licensee advertises or offers a service as "Free," said service shall be performed or rendered at no cost to the patient or any other party or entity, including an insurance plan, that would normally pay for or reimburse for all or any part of that service had it not been offered as "Free." (b) When a licensee advertises or offers a service at a discount or reduced price, said service shall be performed or rendered at that discounted or reduced price. The charge to the patient or any other party or entity, including an insurance plan, that pays for or reimburses for any part of the cost of said service on behalf of the patient, shall be at the discounted or reduced price. (c) Violation of this section shall be deemed as false, misleading, and/or deceptive and shall be a violation of this article. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on January 28, 1992. TRD-9201325 Jennie Smetana Executive Director Texas Board of Chiropractic Examiners Earliest possible date of adoption: March 6, 1992 For further information, please call: (512) 343-1895 22 TAC sec.77.5 The Texas Board of Chiropractic Examiners proposes amendments to sec.77.5, concerning advertising and public communication. The amendment addresses the disclosure of all fees for services rendered to that patient. Jennie Smetana, Executive Director, has determined that for the first five-year period the section is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the section. Ms. Smetana also has determined that for each year of the first five years the section is in effect the public benefit anticipated as a result of enforcing the section will be that the doctor will have a greater awareness of whether or not the patient understands the service rendered and the charges of those services, because he will be responsible. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the section as proposed. Comments on the proposal may be submitted to Jennie Smetana, Executive Director, Texas Board of Chiropractic Examiners, 8716 Mopac Expressway North, Suite 301, Austin, Texas 78759. The amendment is proposed under Texas Civil Statutes, Article 4512b, which provide the Texas Board of Chiropractic Examiners with the authority to promulgate procedural rules and regulations as deemed necessary. sec.77.5. Miscellaneous. Licensees of this board shall assume responsibility for providing a full and complete disclosure that reasonably assures patient understanding of fees and services.
                                                                                                        A licensee shall, on the date of providing goods or services to a patient, disclose to the patient in writing the full amount of the licensee's charges. Compliance with this rule may be in any written from reasonably calculated to notify the patient of the actual charges for the goods or services provided. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on January 28, 1992. TRD-9201326 Jennie Smetana Executive Director Texas Board of Chiropractic Examiners Earliest possible date of adoption: March 6, 1992 For further information, please call: (512) 343-1895 Chapter 80. Practice of Chiropractic 22 TAC sec.80.1 The Texas Board of Chiropractic Examiners proposes amendments to sec.80.1, concerning practice of chiropractic. The amendments addresses the practice of chiropractic and what is considered to be the practice of chiropractic. Jennie Smetana, Executive Director, has determined that for the first five-year period the section is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the section. Ms. Smetana also has determined that for each year of the first five years the section is in effect the public benefit anticipated as a result of enforcing the section will be that the rule change will add specific language to state any individual who attempts to control the professional judgement of a doctor will be considered as practicing chiropractic. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the section as proposed. Comments on the proposal may be submitted to Jennie Smetana, Executive Director, Texas Board of Chiropractic Examiners, 8716 Mopac Expressway North, Suite 301, Austin, Texas 78759. The amendment is proposed under Texas Civil Statutes, Article 4512b, which provide the Texas Board of Chiropractic Examiners with the authority to promulgate procedural rules and regulations as deemed necessary. sec.80.1. Practice of Chiropractic. A person shall be regarded as practicing chiropractic within the meaning of Texas Civil Statutes, Article 4512b, sec.1, if the person reviews or analyzes, by subjective or objective means, the test, medical records, x-rays, diagnosis, treatment plan, or prognosis made by a treating chiropractor for the purpose of rendering an opinion concerning the necessity of the treating chiropractor's treatment or the necessity of the treating chiropractor's plan of treatment. This section does not apply to a person, other than licensees of this board, who is functioning with statutory under the Texas Insurance Code, Article 21.58. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on January 28, 1992. TRD-9201327 Jennie Smetana Executive Director Texas Board of Chiropractic Examiners Earliest possible date of adoption: March 6, 1992 For further information, please call: (512) 343-1895 22 TAC sec.sec.80.4-80.9 The Texas Board of Chiropractic Examiners proposes new ssec.80.4-80.9, concerning practice of chiropractic. The new sections address specific guidelines and requirements which should be followed in the practice of chiropractic. Jennie Smetana, Executive Director, has determined that for the first five-year period the sections are in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the sections. Ms. Smetana, also has determined that for each year of the first five years the sections are in effect the public benefit anticipated as a result of enforcing the sections will be that more specific rules will determined the procedures used by chiropractors concerning the examination and evaluation, the analysis and diagnosis, therapeutic procedures, appropriateness and necessity, and disclosure of financial interest and records. There will be no effect on small businesses. There is no anticipated economic cost to individuals who are required to comply with the sections as proposed. Comments on the proposal may be submitted to Jennie Smetana, Executive Director, Texas Board of Chiropractic Examiners, 8716 Mopac Expressway North, Suite 301, Austin, Texas 78759. The new sections are proposed under Texas Civil Statutes, Article 4512b, which provide the Texas Board of Chiropractic Examiners with the authority to promulgate procedural rules and regulations as deemed necessary. sec.80.4. Evaluation and Examination. (a) A licensee is responsible for making proper determinations and recommendations for examination and evaluation services which for a patient in/her charge are appropriate and necessary to adequately: (1) determine the bio-mechanical condition of the region of the spine and musculoskeletal system which for said patient is in question (including the nature, severity, and etiology of any abnormality); (2) determine the nature, severity, and etiology of subluxation of any articulation in the region of the musculoskeletal system which for said patient is in question; (3) determine which, if any, techniques or procedures in chiropractic treatment might be indicated or contraindicated in the care of said patient; (4) differentiate the extent to which said patient's condition is a result of biomechanical abnormalities as opposed to the result of other health problems which are not amendable to chiropractic care. (b) Failure of a licensee to make proper determinations and recommendations regarding the appropriateness and necessity of examination and evaluation services for a patient in his/her charge may be considered a failure to use proper diligence in the practice of chiropractic. sec.80.5. Analysis, Opinion, and Diagnosis. (a) A licensee is responsible for making a proper analysis of and for rendering appropriate diagnostic and other opinions regarding the findings of examinations and evaluations of a patient in his/her charge. Proper analysis or appropriate diagnostic and other opinions could include any or all of the following: (1) rendering an analysis or diagnosis regarding subluxation or the biomechanical condition of the spine or musculoskeletal system including the cause for, nature of, and extent of involvement of any abnormality; (2) rendering a diagnostic opinion of any factors or conditions which complicate any subluxation or other biomechanical abnormality of the spine or musculoskeletal system; (3) rendering an opinion regarding the appropriate course of treatment for an abnormal biomechanical condition of the spine or musculoskeletal system; (4) rendering an opinion regarding the likelihood of recovery from a biomechanical abnormality under various courses of treatment; (5) rendering an opinion regarding the risk to a patient's health from an abnormal biomechanical condition of the spine or musculoskeletal system; (6) rendering an opinion regarding the biomechanical and resulting general health risks from various occupations, activities of daily living, and the treatment or lack of treatment for any biomechanical abnormalities; (7) rendering an opinion that the patient's health care problem is not amendable to chiropractic care and referral of that patient to other classes of health care providers for appropriate care; (8) rendering an opinion regarding the effect of an abnormal biomechanical condition in the spine or musculoskeletal system on an individual's ability to carry out normal job functions and other daily activities, including assessment of the degree of disability or impairment; (9) rendering any other necessary or appropriate opinions regarding a patient in his/her charge. (b) Failure of a licensee to make a proper analysis of or to render appropriate diagnostic or other opinions regarding the findings of examinations and evaluations of a patient in his/her charge may be considered a failure to use proper diligence in the practice of chiropractic. sec.80.6. Therapeutic Procedures and Services. (a) A licensee is responsible for making proper determinations and recommendations for the treatment, services, and procedures which are appropriate and necessary to adequately: (1) correct, improve, control, or promote the healing of or recovery from any or all components of a subluxation complex involving an articulation of the musculoskeletal system in order to return said patient to normal health; (2) correct, improve, control, or promote the healing of or recovery from an abnomal biomechanical condition or the spine or musculoskeletal system in order to return said patient to normal health; (3) prevent the development of a biomechanical abnormality of the spine or musculoskeletal system or to minimize the impact of any such abnormality on said patient's overall health. (b) Failure of a licensee to make proper determinations and recommendations regarding the appropriateness and necessity of treatment, services, and procedures for a patient in his or her charge may be considered a failure to use proper diligence in the practice of chiropractic. sec.80.7. Chiropractic Necessity and Appropriateness Reviews. (a) A licensee, who renders an opinion or makes a recommendation regarding the appropriateness or necessity of chiropractic care or services provided or to be provided to any patient of another doctor of chiropractic and who renders said opinion without physically examining the patient, is responsible for: (1) adequately reviewing all records of the patient's condition and care prior to rendering any opinion or making any recommendation; (2) rendering opinions or recommendations which are consistent with scientific and statistical facts and accepted standards of the chiropractic profession; (3) rendering opinions or making recommendations which are substantially supported by and consistent with the patient's records; (4) clearly identifying in any report those items which represent factual or statistical information and those items which represent the opinion or recommendation of the licensee; (5) clearly describing all documents, records, and information regarding the patient's history, condition, or care which were reviewed prior to rendering any opinion or making any recommendation; (6) providing a complete, signed, written report (including all opinions rendered and recommendation made with their adequate substantiating documentation) to the patient and the patient's treating doctor of chiropractic within 10 days of rendering an opinion or making recommendation regarding appropriateness or necessity of chiropractic care or services; (7) refusing to render an opinion or make a recommendation regarding a subject area of which the licensee lacks adequate knowledge or training; (8) any impact or effect on the patient's health and well-being which is the result of opinions and recommendations made by the licensee. (b) It may be considered a failure to use proper diligence in the practice of Chiropractic and/or grossly unprofessional or dishonorable conduct when a licensee who, without physically examining the patient, renders an opinion or makes a recommendation regarding the appropriateness or necessity of chiropractic care or services provided or to be provided to any patient of another doctor of chiropractic and who: (1) fails to adequately review the complete records of the patient's condition and care prior to rendering any opinions or making any recommendations; (2) fails to render opinions or make recommendations which are consistent with scientific and statistical facts or with accepted standards of the chiropractic profession; (3) fails to render opinions or make recommendations which are substantially supported by and consistent with the patient's records; (4) fails to clearly identify in any report those items which represent factual or statistical information and those items which represent the opinion or recommendation of the licensee; (5) renders any report of opinions and recommendations regarding the necessity or appropriateness of chiropractic care or services which contains any items which are in any way false, misleading, or deceptive or which contain any material misrepresentation of fact; (6) fails to clearly describe all documents, records, and information regarding the patient's history, condition, or care which were reviewed prior to rendering any opinion or making any recommendation; (7) fails to provide a complete, signed, written report (including all opinions rendered and recommendations made with their substantiating documentation) to the patient and the patient's treating doctor within 10 days of rendering an opinion or making a recommendation; (8) fails to report documentation adequate to substantiate any opinions or recommendations; (9) renders an opinion or makes a recommendation regarding a subject area of which the licensee lacks adequate knowledge or training; (10) renders an opinion or makes a recommendation which as a result adversely impacts a patient's health or well-being. sec.80.8. Disclosure of Financial Interest. Any licensee who refers a patient to another facility for treatment, rehabilitation, or diagnostic procedures including imaging or any other procedure in which the referring licensee has greater than or equal to 5.0% interest, must inform the patient at the time of the referral that he or she has a financial interest, in that facility. Financial interest is defined as any legal or equitable interest including partnership interest, community property interest, or ownership of shares or bonds of a corporation. sec.80.9. Records. (a) A licensee shall make, maintain, and keep accurate and adequate records of the history, examination or evaluation, the analysis or diagnosis, and the recommendations and treatment performed for and upon each of his or her patients for a period of not less than five years following the completion of the treatment or last service rendered. (b) All records or copies of records, including x-rays or copies of x-rays, shall be made available to the patient, parent, or legal guardian if the patient is a minor, another licensed health care provider, or any other designee of that patient. For purposes of this subsection: (1) "records" shall include records pertaining to the history, examination, diagnosis, treatment, daily progress notes, or other information pertinent to that patient's condition; (2) consent for the release of records must be in writing and signed by the patient, parent, or legal guardian of a minor, or personal representative if the patient is deceased; (3) licensee shall transfer or furnish records in a timely manner not to exceed 10 days from the date of receipt of request for records; (4) fees for transfer of records or copies of records shall not exceed an incurred or reasonable status, i.e. workman's compensation or courthouse costs. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on January 28, 1992. TRD-9201328 Jennie Smetana Executive Director Texas Board of Chiropractic Examiners Earliest possible date of adoption: March 6, 1992 For further information, please call: (512) 343-1895 Part XXI. Texas State Board of Examiners of Psychologists Chapter 465. Rules of Practice 22 TAC sec.465.29 The Texas State Board of Examiners of Psychologists proposes new sec.465.29, concerning remuneration for securing or soliciting patients. The 72nd Legislature passed a law which prohibits this activity in certain areas for the health and safety of citizens of Texas. Patients should receive psychological services they need. Psychologists should not receive payment for referrals to other professionals or other facilities as stated in Texas Civil Statutes, Article 5.21, Chapter 161, Health and Safety Code, Subchapter 161.091. Patricia S. Bizzell Tweedy, executive director, has determined that for the first five-year period the section is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the section. Ms. Bizzell Tweedy, also has determined that for each year of the first five years the section is in effect the public benefit anticipated as a result of enforcing the section will be to inform the public that patients who are referred for psychological services are to be referred because of the needs of the patients and not because of a need to fill a hospital bed or fill any other type of "quota" that might be stated in an agreement between a psychologist and a facility, organization, or other professional. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the section as proposed. Comments on the proposal may be submitted to Patricia S. Bizzell Tweedy, M.P. A., 9101 Burnet Road, Suite 212, Austin, Texas 78758. The new section is proposed under Texas Civil Statutes, Article 4512c, which provide the Texas State Board of Examiners of Psychology with the authority to make all rules, not inconsistent with the Constitution and laws of this state, which are reasonably necessary for the proper performance of its duties and regulations of proceedings before it. sec.465.29. Remuneration for Securing/Soliciting Patients. Any licensee or certificand found to be in violation of Chapter 161, Subchapter 161. 091, Health and Safety Code, Article 5.21, which prohibits receipt of certain remuneration for securing or soliciting patients has violated board rules. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on January 27, 1992. TRD-9201320 Patricia S. Bizzell Tweedy Executive Director Texas State Board of Examiners of Psychologists Earliest possible date of adoption: March 6, 1992 For further information, please call: (512) 835-2036 TITLE 25. HEALTH SERVICES Part I. Texas Department of Health Chapter 1. Texas Board of Health Procedures and Policies 25 TAC sec.1.4, sec.1.9 The Texas Department of Health (department) proposes amendments to sec.1.4 and 1.9, concerning the Texas Board of Health (board). The sections cover committees and actions requiring board approval. The amendment to sec.1.4 modifies the provision on appointment of advisory committees by providing that board members may nominate candidates to the advisory committees as vacancies occur, nothwithstanding any other board rule and consistent with existing law. Such nominations will be in addition to nominations from other designated sources. The amendment to sec.1.9 modifies the provision concerning board approval of expenditures over $50,000 for purchases of major items of equipment. This provision will be replaced by one which states that the board shall approve an annual operating budget and capital asset replacement plan to guide the expenditure of funds by the department for a fiscal year. Stephen Seale, Chief Accountant III, Budget Division, has determined that for the first five-year period the amendments are in effect there will be no fiscal implications as a result of enforcing or administering the amendments. Neither state nor local government will have any additional cost or receive any additional revenue because of the amendments. Mr. Seale also has determined that for each year of the first five years the amendments are in effect the public benefit anticipated as a result of enforcing the amendments will be to enable the board to nominate members to advisory committees and to enable the board to approve an annual operating budget and capital asset replacement plan. There will be no effect on small businesses. There will be no anticipated cost to persons who are required to comply with the sections as proposed. There will be no impact on local employment. Comments on the proposed amendments may be submitted to Hal L. Nelson, Chief, Office of General Counsel, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756 (512) 458-7236. Comments will be accepted for 30 days after publication of the proposed amendments in the Texas Register. The amendments are proposed under the Health and Safety Code, sec.11.013, which provides the board with the authority to adopt policies and rules to govern the department; sec.11.016, which provides the board with authority to appoint advisory committees to assist the board; and sec.12.001, which provides the board with authority to adopt rules for its own procedure and for the performance of each duty imposed by law on the board. sec.1.4. Committees. (a) (No change.) (b) Advisory committees. (1) (No change.) (2) Nothwithstanding any other board rule, and consistent with existing law, board members may nominate candidates to advisory committees as vacancies occur. Such nominations will be in addition to nominations from any other designated sources. (3)
                                                                                                          [(2)] The committees may adopt their own rules of procedure, subject to the following requirements. (A) If a member misses two consecutive regular meetings without just cause, written notice shall be given to the member. (B) A third consecutive absence from a regular meeting will be sufficient grounds for requesting replacement of a member by the board. (c) (No change.) sec.1.9. Actions Requiring Board Approval. (a)-(e) (No change.) (f) Annual operating budget and capital asset replacement plan. The board shall approve an annual operating budget and capital asset replacement plan to guide the expenditure of funds by the department for the fiscal year
                                                                                                            [Expenditures of over $50,000. Any expenditure in execess of $50,000 for purchases of major items of equipment shall be approved by the board]. (g) (No change.) This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on January 27, 1992. TRD-9201227 Robert A. MacLean, M.D. Deputy Commissioner Texas Department of Health Proposed date of adoption: April 25, 1992 For further information, please call: (512) 458-7236 Chapter 145. Long Term Care Subchapter B. Minimum Standards for Nursing Homes. The Texas Department of Health (department) proposes amendments to sec.sec.145.23, 145.35, 145.55, 145.193, 145.214, 145.273, and 145. 334, concerning long term care. Section 145.23 covers physical plant and environment standards for nursing homes; s145.33 covers minimum standards for custodial care homes; sec.145.55 covers types of construction programs and application of these standards for maternity homes; sec.145.193 covers safety standards for adult day care and adult day health care facilities; sec.145.214 covers physical plant and environment standards for facilities serving persons with mental retardation and related conditions in Texas; sec.145.273 covers general considerations for planning and construction for nursing homes; and sec.145.334 covers building construction standards for personal care homes. The amendments will update the sections by requiring long term care facilities to comply with the following requirements: provisions of the Americans with Disabilities Act of 1990, Public Law 101-336; federal regulations implementing the Act in Title 28, Code of Federal Regulations, Part 35; provisions concerning architectural barriers in the Texas Civil Statutes, Article 9102; and rules implementing Article 9102 by the Texas Department of Licensing and Regulation in Title 16, Texas Administrative Code, Chapter 6. Stephen Seale, Chief Accountant III, Budget Division, has determined that for the first five-year period that the sections will be in effect there will be no fiscal implications to state government as a result of enforcing or administering the sections as proposed. However, there will be fiscal implications to local governments in that the costs of remodeling facilities operated by local governmental entities could generally range from $1,000 to $50, 000 for each year of the first five years that the sections are in effect. Mr. Seale also has determined that for each year of the first five years that the sections are in effect the public benefits anticipated will be to make long term care facilities accessible to persons with disabilities and to ensure compliance with federal and state law. There will be fiscal implications to small and large businesses in that the cost of remodeling facilities operated by the businesses could generally range from $1,000 to $50,000 for each year of the first five years that the sections are in effect. There is no anticipated cost to individuals and there will be no impact on local employment. Comments on the proposed amendments may be submitted to Janice Caldwell, Chief, Bureau of Long Term Care, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756-3185, (512) 458-7709. The department will accept comments for 30 days after publication of the proposed amendments in the Texas Register. 25 TAC sec.145.23 The amendment is proposed under the Health and Safety Code, sec.242.037 which provides the Texas Board of Health with authority to adopt rules concerning minimum standards for long term care facilities; and sec.12.001 which provides the board with authority to adopt rules to implement its statutory duties. The amendments will affect Chapter 242 of the Health and Safety Code. sec.145.23. Physical Plant and Environment. (a)-(b) (No change.) (c) Applicable codes and standards. Facilities shall meet the requirements of the Life Safety Code, as defined in sec.145.12 of this title (relating to Definitions), and any other codes and standards of the National Fire Protection Association (NFPA) listed in this section, except as may be otherwise approved or required by the licensing agency. In addition, the following codes, standards or guidelines shall generally govern their subject areas for existing construction. (1)-(4) (No change.) (5) The facility shall meet the provisions and requirements concerning accessibility for individuals with disabilities in the following laws: the Americans with Disabilities Act of 1990 (Public Law 101-336; Title 42, United States Code, Chapter 126); Title 28, Code of Federal Regulations, Part 35; Texas Civil Statutes, Article 9102; and Title 16, Texas Administrative Code, Chapter 68. Plans for new construction, substantial renovations, modifications, and alterations shall be submitted to the Texas Department of Licensing and Regulation (Attn: Elimination of Architectural Barriers Program) for accessibility approval under Article 9102.
                                                                                                              [Handicap provisions are to be designed and installed in accordance with Standard A117.1-1980 of the American National Standards Institute (ANSI) and the requirements of the State Purchasing and General Services Commission for handicapped or disabled citizens.] (d) -(s) (No change.) This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on January 27, 1992. TRD-9201220 Robert A. MacLean, M.D. Deputy Commissioner Texas Department of Health Proposed date of adoption: April 25, 1992 For further information, please call: (512) 458-7709 Subchapter C. Minimum Standards for Custodial Care Homes. 25 TAC sec.145.35 The amendment is proposed under the Health and Safety Code, sec.242.037 which provides the Texas Board of Health with authority to adopt rules concerning minimum standards for long term care facilities; and sec.12.001 which provides the board with authority to adopt rules to implement its statutory duties. The amendments will affect Chapter 242 of the Health and Safety Code. sec.145.35. Physical Plant. (a) (No change.) (b) Codes, guides, and manuals. (1)-(3) (No change.) (4) The facility shall meet the provisions and requirements concerning accessibility for individuals with disabilities in the following laws: the Americans with Disabilities Act of 1990 (Public Law 101-336; Title 42, United States Code, Chapter 126); Title 28, Code of Federal Regulations, Part 35; Texas Civil Statutes, Article 9102; and Title 16, Texas Administrative Code, Chapter 68. Plans for new construction, substantial renovations, modifications, and alterations shall be submitted to the Texas Department of Licensing and Regulation (Attention: Elimination of Architectural Barriers Program) for accessibility approval under Article 9102. (c)-(k) (No change.) This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on January 27, 1992. TRD-9201221 Robert A. MacLean, M.D. Deputy Commissioner Texas Department of Health Proposed date of adoption: April 25, 1992 For further information, please call: (512) 458-7709 Subchapter D. Minimum Standards for Maternity Homes. 25 TAC sec.145.55 The amendment is proposed under the Health and Safety Code, sec.242.037 which provides the Texas Board of Health with authority to adopt rules concerning minimum standards for long term care facilities; and sec.12.001 which provides the board with authority to adopt rules to implement its statutory duties. The amendments will affect Chapter 242 of the Health and Safety Code. sec.145.55. Types of Construction Programs and Applications of These Standards. (a)-(g) (No change.) (h) The facility shall meet the provisions and requirements concerning accessibility for individuals with disabilities in the following laws: the Americans with Disabilities Act of 1990 (Public Law 101-336; Title 42, United States Code, Chapter 126); Title 28, Code of Federal Regulations, Part 35; Texas Civil Statutes, Article 9102; and Title 16, Texas Administrative Code, Chapter 68. Plans for new construction, substantial renovations, modifications, and alterations shall be submitted to the Texas Department of Licensing and Regulation (Attention: Elimination of Architectural Barriers Program) for accessibility approval under Article 9102. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on January 27, 1992. TRD-9201222 Robert A. MacLean, M.D. Deputy Commissioner Texas Department of Health Proposed date of adoption: April 25, 1992 For further information, please call: (512) 458-7709 Subchapter M. Minimum Licensing Standards for Adult Day Care and Adult Day Health Care Facilities. 25 TAC sec.145.193 The amendment is proposed under the Health and Safety Code, sec.242.037 which provides the Texas Board of Health with authority to adopt rules concerning minimum standards for long term care facilities; and sec.12.001 which provides the board with authority to adopt rules to implement its statutory duties. The amendments will affect the Health and Safety Code, Chapter 242. sec.145.193. Safety (a) Environmental safety. (1)-(2) (No change.) (3) The facility shall meet the provisions and requirements concerning accessibility for individuals with disabilities in the following laws: the Americans with Disabilities Act of 1990 (Public Law 101-336; Title 42, United States Code, Chapter 126); Title 28, Code of Federal Regulations, Part 35; Texas Civil Statutes, Article 9102; and Title 16, Texas Administrative Code, Chapter 68. Plans for new construction, substantial renovations, modifications, and alterations shall be submitted to the Texas Department of Licensing and Regulation (Attn: Elimination of Architectural Barriers Program) for accessibility approval under Article 9102.
                                                                                                                [Accessibility provisions are required for all facilities and shall be designed and installed in accordance with State Purchasing and General Services Commission requirements in Title 1, Texas Administrative Code, Chapter 115, "Elimination of Architectural Barriers."] (4) (No change.) (b)-(c) (No change.) This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on January 27, 1992. TRD-9201223 Robert A. MacLean, M.D. Deputy Commissioner Texas Department of Health Proposed date of adoption: April 25, 1992 For further information, please call: (512) 458-7709 Subchapter N. Minimum Licensing Standards for Facilities Serving Persons with Mental Retardation and Related Conditions in Texas. 25 TAC sec.145.214 The amendment is proposed under the Health and Safety Code, sec.242.037, which provides the Texas Board of Health with authority to adopt rules concerning minimum standards for long term care facilities; and sec.12.001, which provides the board with authority to adopt rules to implement its statutory duties. The amendments will affect the Health and Safety Code, Chapter 242. sec.145.214. Physical Plant and Environment. (a)-(d) (No change. ) (e) Applicable codes and standards. Facilities shall meet the requirements of NFPA 101, 1985 edition, and any other codes and standards of NFPA listed in this section, except as may be otherwise approved or required by the licensing agency. (1)-(4) (No change.) (5) The facility shall meet the provisions and requirements concerning accessibility for individuals with disabilities in the following laws: the Americans with Disabilities Act of 1990 (Public Law 101-336; Title 42, United States Code, Chapter 126); Title 28, Code of Federal Regulations, Part 35; Texas Civil Statutes, Article 9102; and Title 16, Texas Administrative Code, Chapter 68. Plans for new construction, substantial renovations, modifications, and alterations shall be submitted to the Texas Department of Licensing and Regulation (Attn: Elimination of Architectural Barriers Program) for accessibility approval under Article 9102.
                                                                                                                  [Accessibility provisions are to be designed and installed in accordance with the requirements of the State Purchasing and General Services Commission, as authorized by the State General Purchasing Act, Texas Civil Statutes, Article 601b, Article 7 (concerning the elimination of architectural barriers). Accessibility provisions are required for all large facilities and every small facility that houses persons with physical disabilities and/or mobility impairment]. (f)-(k) (No change.) (l) Accessibility provisions (handicap requirements). [(1) General.] The physical plant shall be designed for persons with physical disabilities and/or mobility impairments and must comply with applicable federal, state, and local requirements. [(2) Basic accessibility provisions. [(A) A minimum of 5.0% of the client living units shall have accessibility provisions. [(B) The facility shall provide and mark at least one "handicapped" parking space. [(C) The facility shall provide wheelchair access into the building by use of ramps and curb breaks. Ramps shall slope no more than 1:12 (one unit of rise to 12 units of run). [(D) Room identification signs or letters where needed shall be installed four feet six inches to five feet above finished floor and located on the corridor walls adjacent to the latch side of the door jamb. Letters or numbers on signs shall be raised at least 1/32 inch minimum. Characters shall be at least 5/8 inch in height and no higher than two inches. [(E) Grab bars at toilet and bathing units shall be 1 1/4-inch to 1 1/2-inch in diameter. [(F) Toilet facilities shall be of sufficient size to accommodate wheelchairs for clients. [(G) Water closet seat height in toilet facilities shall be 17 to 19 inches from floor. [(H) Mirrors and dispenser shall be no higher than 40 inches above the floor. [(I) Drinking fountains or coolers shall meet ANSI A117.1. (i.e., up front spout and controls no more than 36 inches from floor maximum). [(J) Public telephones, if provided, shall meet ANSI A117.1. The mounting height shall not exceed 48 inches to coin slot. [(K) Public use toilet facilities shall be available in large facilities. An exception to this subsection is that small facilities are exempt from these requirements for persons with physical disabilities and/or mobility impairments unless the facility houses such clients.] (m)-(q) (No change.) This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on January 27, 1992. TRD-9201224 Robert A. MacLean, M.D. Deputy Commissioner Texas Department of Health Proposed date of adoption: April 25, 1992 For further information, please call: (512) 458-7709 Subchapter Q. Planning and Construction for Nursing Homes 25 TAC sec.145.273 The amendment is proposed under the Health and Safety Code, sec.242.037, which provides the Texas Board of Health with authority to adopt rules concerning minimum standards for long term care facilities; and sec.12.001, which provides the board with authority to adopt rules to implement its statutory duties. The amendments will affect the Health and Safety Code, Chapter 242. sec.145.273. General Considerations. (a)-(f) (No change.) (g) Accessibility for individuals with disabilities. The facility shall meet the provisions and requirements concerning accessibility for individuals with disabilities in the following laws: the Americans with Disabilities Act of 1990 (Public Law 101-336; Title 42, United States Code, Chapter 126); Title 28, Code of Federal Regulations, Part 35; Texas Civil Statutes, Article 9102; and Title 16, Texas Administrative Code, Chapter 68. Plans for new construction, substantial renovations, modifications, and alterations shall be submitted to the Texas Department of Licensing and Regulation (Attn: Elimination of Architectural Barriers Program) for accessibility approval under Article 9102.
                                                                                                                    [Provisions for handicapped. Facilities shall be available and accessible to the physically handicapped (public and residents), in accordance with the ANSI A117.1, unless otherwise determined by the licensing agency. Reference also the requirements of the State Purchasing and General Services Commission for handicapped or disabled citizens, including submission of documentation for General Services Commission approval.] (h) (No change.) This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on January 27, 1992. TRD-9201225 Robert A. MacLean, M.D. Deputy Commissioner Texas Department of Health Proposed date of adoption: April 25, 1992 For further information, please call: (512) 458-7709 Subchapter S. Minimum Licensing Standards for Personal Care Homes 25 TAC sec.145.334 The amendment is proposed under the Health and Safety Code, sec.242.037, which provides the Texas Board of Health with authority to adopt rules concerning minimum standards for long term care facilities; and sec.12.001, which provides the board with authority to adopt rules to implement its statutory duties. The amendments will affect the Health and Safety Code, Chapter 242. sec.145.334. Building Construction. (a) (No change.) (b) Applicability of requirements for construction and life safety. (1)-(8) (No change.) (9) The facility shall meet the provisions and requirements concerning accessibility for individuals with disabilities in the following laws: the Americans with Disabilities Act of 1990 (Public Law 101-336; Title 42, United States Code, Chapter 126); Title 28, Code of Federal Regulations, Part 35; Texas Civil Statutes, Article 9102; and Title 16, Texas Administrative Code, Chapter 68. Plans for new construction, substantial renovations, modifications, and alterations shall be submitted to the Texas Department of Licensing and Regulation (Attn: Elimination of Architectural Barriers Program) for accessibility approval under Article 9102. (c) Basic NFPA 101 requirements. (1)-(10) (No change.) (11) Accessibility provisions [(handicap requirements)]. (A) The physical plant of all large facilities and all other facilities housing residents
                                                                                                                      [shall be designed for persons] with physical disabilities and/or mobility impairments [and] must comply with applicable federal, state, and local requirements for persons with disabilities
                                                                                                                        . [Basic accessibility provisions (handicap requirements) are as follows.] [(i) A minimum of 5.0% of the resident living units shall have accessibility provisions (handicap accessible). [(ii) The facility shall provide and mark at least one parking space. [(iii) The facility shall provide wheelchair access into the building by use of ramps and curb breaks. Ramps shall slope no more than 1:12 (one unit of raise to 12 units of run). [(iv) Room identification signs or letters in public spaces shall be installed four feet six inches to five feet above finished floor and located on the corridor walls adjacent to the latch side of the door jamb. Letters or numbers on signs shall be raised at least 1/32 inch minimum. Characters shall be at least 5/8 inch in height and no higher than two inches. [(v) Grab bars at toilet and bathing units shall be 1 1/4-inch to 1 1/2-inch in diameter. [(vi) Toilet facilities shall be of sufficient size to accommodate wheelchairs for residents. [(vii) Water closet seat height in toilet facilities shall be 17 to 19 inches from floor. [(viii) Mirrors and dispensers shall be no higher than 40 inches above the floor. [(ix) Drinking fountains or coolers shall meet American National Standard Institute (ANSI) A117.1 (i.e., up front spout and controls no more than 36 inches from floor maximum). [(x) Public telephones, if provided, shall meet ANSI A117.1. The mounting height shall not exceed 48 inches to coin slot. [(xi) Public use toilet facilities shall be available in large facilities. An exception to this subsection is that small facilities are exempt from these requirements for persons with physical disabilities and/or mobility impairments unless the facility houses such residents.] (B) A minimum of 5.0% of the resident living units of large facilities shall meet the accessibility provisions. (12) (No change.) This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on January 27, 1992. TRD-9201226 Robert A. MacLean, M.D. Deputy Commissioner Texas Department of Health Proposed date of adoption: April 25, 1992 For further information, please call: (512) 458-7709 TITLE 28. INSURANCE Part II. Texas Workers' Compensation Commission Chapter 110. General Provisions-Required Notices of Coverage Subchapter B. Employer Notices 28 TAC sec.110.102 The Texas Workers' Compensation Commission proposes an amendment to sec.110. 102, concerning notices required to be provided by employers. The amendment requires an employer with workers' compensation insurance to post in the workplace a notice concerning the commission's Ombudsman program, prescribes the text for this notice, and reiterates the Class C administrative violation for noncompliance established by law. This is required by Texas Civil Statutes, Article 8308-5.41(c), which requires the commission to prescribe the manner for employers to provide this notice. To better assist employees in contacting the commission, the amendment also changes the text of the required notice of coverage by substituting the commission's actual toll-free number for the phrase referring to that number. Finally, to better ensure that the notices will reach employees, the amendment clarifies that the notices must be posted in English and Spanish, but may be additionally translated into any other language appropriate to the workplace. Andrew Thigpen, associate director, Financial Management, has determined that for each year of the first five-year period the amended section is in effect, there will be fiscal implications as a result of administering or enforcing the amended section. The state and local governments, in their capacity as employers, will incur the minimal cost of posting the Ombudsman program notice in each workplace. There will be no impact on employment, locally or statewide, as a result of implementing the amendment. Mr. Thigpen also has determined that for each of the first five amended section is in effect the public benefit anticipated as a result of enforcing the amended section will be implementation of the Texas Workers' Compensation Act, and improved transmission of information about the workers' compensation system to employees. The cost of compliance for a small business will be the minimal cost of posting the Ombudsman Program notice in the workplace. The impact on small businesses compared to large businesses should be proportionately the same, based on market share. There is no anticipated cost to persons who are required to comply with the amended section as proposed. Comments on the proposal may be submitted to Ernest Boardman, Acting General Counsel, Texas Workers' Compensation Commission, 4000 South IH-35, Austin, Texas 78704. Comments will be accepted for 30 days after publication of this proposal in the Texas Register. The amendment is proposed under Texas Civil Statutes, Article 8308-5.41(c), which requires the commission to prescribe the manner for employers to notify their employees of the Ombudsman Program, and Article 8308-2.09(a), which authorizes the commission to adopt rules necessary to administer the Texas Workers' Compensation Act. sec.110.102. Employer' Notices to Be Posted in the Workplace. (a) An employer who has workers' compensation insurance coverage shall post the following notice in the workplace: [graphic] (b) (No change). (c) An employer who has workers' compensation insurance coverage shall post the following notice in the workplace: [graphic] (d)
                                                                                                                          [(c)] The notices required by this section shall be: (1) prominently displayed in the employer's personnel office, if any; (2) located about the workplace in such a way that each employee is likely to see the notice on a regular basis; (3) printed in at least 24 point bold type; [and] (4) limited to the wording
                                                                                                                            [language] required by this rule; no additional wording
                                                                                                                              [language] shall appear on the notices; and (5) posted in both English and Spanish, and may be translated into any other language appropriate to the employer's workplace. (e)
                                                                                                                                [(d)] The notice shall be revised whenever the information it contains is revised. (f)
                                                                                                                                  [(e)] An employer who does not comply with subsections (d) and (a) or (b) of this section may be assessed an administrative penalty, not to exceed $500, under the Texas Workers' Compensation Act, sec.3.24(f). (g) An employer who does not comply with subsections (c) and (d) of this section may be assessed an administrative penalty, not to exceed $1,000, under the Texas Workers' Compensation Act. sec.5. 41(c). This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on January 28, 1992. TRD-9201288 Ernest Boardman Acting General Counsel Texas Workers' Compensation Commission Earliest possible date of adoption: March 6, 1992 For further information, please call: (512) 440-3972 Chapter 133. Medical Benefits-General Medical Provisions Subchapter E. Compelling Production of Documents 28 TAC sec.sec.133.401-133.403 The Texas Workers' Compensation Commission proposes new ssec.133.401-133.403, concerning orders compelling the production of documents relating to any matter within the authority of the Division of Medical Review. These sections are mandated by Texas Civil Statutes, Article 8308-8.21(b)(7), which requires the adoption of rules necessary to enable the commission to compel the production of documents. Section 133.401 reiterates the authority to issue an order compelling the production of documents, describes the scope of the order, and sets out the procedure and requirements for commission staff to request the order. Section 133.402 describes the manner of service of the order, and provides details for compliance with the order. Section 133.403 establishes that the consequences of noncompliance with the order may be two-fold: an administrative penalty, and enforcement of the order by a Travis County district court. Andrew Thigpen, associate director, Financial Management, has determined that for the first five-year period the sections are in effect there will be fiscal implications for the state as a result of enforcing or administering the sections. As provided by sec.133.402 the state will incur postage costs of $2.29 for each order delivered by certified mail. There are no fiscal implications for local government. There is no anticipated impact on employment, locally or statewide, as a result of implementing the new sections. Mr. Thigpen also has determined that for each year of the first five years the sections are in effect the public benefit anticipated as a result of enforcing the sections will be implementation of the Texas Workers' Compensation Act. There will be no effect on small businesses. The only anticipated cost to persons required to comply with the sections as proposed may arise from sec.133. 402, if the individual chooses to comply with the order by providing reproduced copies of the documents ordered to be produced. Comments on the proposal may be submitted to Ernest Boardman, Acting General Counsel, Texas Workers' Compensation Commission, 4000 South IH-35, Austin, Texas 78704. Comments will be accepted for 30 days after publication of this proposal in the Texas Register. The new sections are proposed under Texas Civil Statutes, Article 8308-8.21(b) (7), which requires the adoption of rules necessary to enable the commission to compel the production of documents, and Article 8308-2.09(a), which authorizes the commission to adopt rules necessary to administer the Texas Workers' Compensation Act. sec.133.401. Orders for Production of Documents. (a) The executive director or designee may issue an order for the production of documents upon the written request of an employee of the medical review division which establishes good cause for issuance. (b) The request for issuance of an order for the production of documents shall be sufficient to establish good cause if it contains: (1) a description of the documents sought with adequate particularity; (2) the name of the person believed to be in possession of the documents and the address or location where the documents are believed to be; and (3) a statement that such documents are needed in an identified matter. (c) An order for the production of documents may be issued at any time to obtain documents relating to a matter within the authority of the division of medical review. sec.133.402. Delivery of Order; Compliance. (a) Service shall be completed by delivery of a copy of the order to the individual named in the order, in person or by certified mail, return receipt requested. (b) The individual served shall comply with the order on or before the time and date stated in the order by producing the described documents to the designated agency employee. Copies of such documents may be substituted for originals for the convenience of the person served. sec.133.403. Noncompliance; Enforcement. (a) Noncompliance with an order for the production of documents is punishable as an administrative violation under Texas Civil Statutes, Article 8308- 10.21(b)(3), with a penalty not to exceed $10,000. (b) In addition to initiation of administrative violation proceedings, compliance with an order for the production of documents may be enforced by means of a civil proceeding filed in a district court in Travis County. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on January 28, 1992. TRD-9201290 Ernest Boardman Acting General Counsel Texas Workers' Compensation Commission Earliest possible date of adoption: March 6, 1992 For further information, please call: (512) 440-3972 Chapter 152. Representation of Parties Before the Agency-Attorney's Fees 28 TAC sec.152.3 The Texas Worker's Compensation Commission proposes an amendment to sec.152.3, concerning approval of attorney fees by the commission. The proposed amendment replaces the list of information to be submitted by an attorney seeking a fee with a specific reference to the number and title of the commission-prescribed form, which had not been developed when the section was originally adopted; and reduces the time from 14 days to five days for a carrier to comply with a fee order, to expedite and better ensure payment of the fee. Finally, the proposed amendment synchronizes the time limit for requesting appeals panel review of an attorney fee ordered by a hearing officer with that for requesting appeals panel review of all other hearing officer decisions and orders. Andrew Thigpen, associated director, Financial Management, has determined that for each year of the first five-year period the amended section is in effect, there will be no fiscal implications as a result of administering or enforcing the amended section. There is no anticipated impact on employment, locally or statewide, as a result of implementing the amendment. Mr. Thigpen, also has determined that for each year of the first five years the section is in effect the public benefit anticipated as a result of enforcing the section will be implementation of the Texas Workers' Compensation Act, more efficient administration of the Act by the commission and insurance carriers, and consistency in the procedures for seeking appeals panel review of commission orders. There will be no effect on small businesses. The only anticipated cost to person who are required to comply with the amended section as proposed is the minimal cost of duplicating the commission-prescribed form. Comments on the proposal may be submitted to Ernest Boardman, Acting General Counsel, Texas Workers' Compensation Commission, 4000 South IH-35, Austin, Texas 78704. Comments will be accepted for 30 days after publication of this proposal in the Texas Register. The amendment is proposed under Texas Civil Statutes, Article 8308-2.09(a), which authorizes the commission to adopt rules necessary to administer the Texas Workers' Compensation Act. sec.152.3. Approval of Fee by Commission. (a) To claim a fee, an attorney representing any party shall submit written evidence of the attorney's time and expenses on form TWCC-1522, Application and Order for Attorney's Fees
                                                                                                                                    . [The written evidence shall be in the form of an affidavit that contains evidence of an hourly rate for attorneys, paralegals, and law clerks; time expended by attorneys, paralegals, and law clerks; an itemized list of allowable expenses; and the attorney's date of licensure, experience, and special qualifications or training. The affidavit shall be on a form, approved by the commission, that contains the following identifying information: [(1) the claimant's name, address, and social security number; [(2) the date of injury; [(3) the employer's name and address; [(4) the carrier's name and commission assigned identification number; [(5) the attorney's name, address, telephone number, federal tax identification number, and state bar identification number; and [(6) a statement indicating whether the attorney represents a claimant or carrier.] (b)-(d) (No change.) (e) The carrier shall pay, pursuant to the order of the commission, an attorney's fee no later than five
                                                                                                                                      [14] days after receipt of approval by the commission. For purposes of this section, the date of payment is the date that the initial check for the attorney's fee is mailed, unless the order is contested by any party. (f) Except as provided in subsection (g) of this section, an
                                                                                                                                        [An] attorney, claimant, or carrier who contents the fee fixed and approved by the commission shall request a benefit
                                                                                                                                          contested case hearing [or, if the order was made by a hearings officer, review by the appeals panel)] by certified mail, return receipt requested, no later than seven days after the date of the commission's order. The contesting party shall send a copy of the request, by certified mail, return receipt requested, tot he carrier and, by regular mail to the other parties, including the claimant. Notice of a contest shall relieve the carrier of the obligation to pay, according to the commission's order, until such time that the commission enters a subsequent order. (g) An attorney, claimant, or carrier who contests the fee ordered by a hearing officer after a benefit contested case hearing shall request review by the appeals panel pursuant to the provisions of sec.143.3 of this title (relating to Requesting the Appeals Panel to Review the Decision of the Hearing Officer). This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on January 28, 1992. TRD-9201289 Ernest Boardman Acting General Counsel Texas Workers' Compensation Commission Earliest possible date of adoption: March 6, 1992 For further information, please call: (512) 440-3971 TITLE 40. SOCIAL SERVICES AND ASSISTANCE Part I. Texas Department of Human Services Chapter 11. Food Distribution and Processing Food Distribution Program The Texas Department of Human Services (DHS) proposes amendments to sec.sec.11.112, 11.6004, and 11.6007, concerning civil rights, applicant rights, and responsibilities of contracted agencies in its Food Distribution and Processing chapter. The amendments expand the current Special Nutrition Program's nondiscrimination statements beyond the current federal statutory reference in order to add state civil rights nondiscrimination requirements. Burton F. Raiford, interim commissioner, has determined that for the first five- year period the sections are in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the sections. Mr. Raiford also has determined that for each year of the first five years the sections are in effect the public benefit anticipated as a result of enforcing the sections will be the added protection from discrimination on the basis of the expanded nondiscrimination statement. There will be no effect on small businesses. There is no anticipated economic cost to individuals who are required to comply with the proposed sections. Questions about the content of the proposal may be directed to Marianne McDonald at (512) 450-3437 in DHS's Special Nutrition Programs. Comments on the proposal may be submitted to Nancy Murphy, Agency Liaison, Policy and Document Support- 020, Texas Department of Human Services E-503, P.O. Box 149030, Austin, Texas 78714-9030, within 30 days of publication in the Texas Register. 40 TAC sec.11.112 The amendment is proposed under the Human Resources Code, Title 2, Chapters 22 and 33, which provides the department with the authority to administer public and nutritional assistance programs. sec.11.112. Civil Rights.
                                                                                                                                            Agencies involved in distribution of donated foods must not discriminate against any eligible program participant because of race, color, national origin, sex, age, disability, religion, or political beliefs. Agencies must also comply with the nondiscrimination requirements in 7 Code of Federal Regulations, s250.21 and 7 Code of Federal Regulations Parts 15, 15(a), and 15(b) [comply with civil rights provisions according to 7 Code of Federal Regulations, sec.250.21]. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on January 28, 1992. TRD-9201276 Nancy Murphy Agency liaison, Policy and Document Support Texas Department of Human Services Proposed date of adoption: April 1, 1992 For further information, please call: (512) 450-3765 Emergency Food Assistance Program 40 TAC sec.11.6004, sec.11.6007 The amendments are proposed under the Human Resources Code, Title 2, Chapters 22 and 33, which provides the department with the authority to administer public and nutritional assistance programs. sec.11.6004. Applicant Rights.
                                                                                                                                              If eligible and commodities are available, all persons have the right to apply and receive emergency food assistance without regard to race, color, national origin, sex, age, disability, religion, or political beliefs
                                                                                                                                                [religion, sex, political beliefs, age, national origin, or handicap]. They also have the right to appeal the eligibility decision. sec.11.6007. Responsibilities of Contracted Agencies. To qualify as a contractor for the Emergency Food Assistance Program, contractors must fulfill the following requirements: (1)-(8) (No change). (9) serve all applicants in the contracted service area without regard to race, color, national origin, sex, age, disability, religion, or political beliefs
                                                                                                                                                  [religion, national origin, creed, sex, political beliefs, age, or handicap]. (10)-(18) (No change.) This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on January 28, 1992. TRD-9201277 Nancy Murphy Agency Liaison, Policy and Document Support Texas Department of Human Services Proposed date of adoption: April 1, 1992 For further information, please call: (512) 450-3765 Chapter 12. Child Nutrition Programs Child Care Food Program The Texas Department of Human Services (DHS) proposes amendments to sec.sec.12.12, 12.112, 12.207, 12.307, and 12.407, concerning civil rights and nondiscrimination, and contractor participation requirements in its Child Nutrition Programs chapter. The amendments expand the current Special Nutrition Programs nondiscrimination statements beyond the current federal statutory reference in order to add state civil rights nondiscrimination requirements. Burton F. Raiford, interim commissioner, has determined that for the first five- year period the sections are in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the sections. Mr. Raiford also has determined that for each year of the first five years the sections are in effect the public benefit anticipated as a result of enforcing the sections will be the added protection from discrimination on the basis of the expanded nondiscrimination statement. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the proposed sections. Questions about the content of the proposal may be directed to Nancy Hill at (512) 450-4152 in DHS's Special Nutrition Programs. Comments on the proposal may be submitted to Nancy Murphy, Agency Liaison, Policy and Document Support-020, Texas Department of Human Services E-503, P.O. Box 149030, Austin, Texas 78714- 9030, within 30 days of publication in the Texas Register. 40 TAC sec.12.12 The amendment is proposed under the Human Resources Code, Title 2, Chapters 22 and 33, which provides the department with the authority to administer public and nutritional assistance programs. sec.12.12. Civil Rights/Nondiscrimination.
                                                                                                                                                    The benefits of the Child Care Food Program are available without discrimination on the basis of race, color, national origin, sex, age, disability, religion, or political beliefs;
                                                                                                                                                      [age, sex, or handicap according to] and in compliance with additional nondiscrimination requirements of
                                                                                                                                                        7 Code of Federal Regulations, sec.sec.226.6, 226.22, and 226.23, and 7 Code of Federal Regulations Parts 15, 15(a), and 15(b). This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on January 28, 1992. TRD-9201278 Nancy Murphy Agency liaison, Policy and Document Support Texas Department of Human Services Proposed date of adoption: April 1, 1992 For further information, please call: (512) 450-3765 Summer Food Service Program 40 TAC sec.12.112 The amendment is proposed under the Human Resources Code, Title 2, Chapters 22 and 33, which provides the department with the authority to administer public and nutritional assistance programs. sec.12.112. Civil Rights and Nondiscrimination. The benefits of the Summer Food Service Program are available without discrimination on the basis of race, color, national origin, sex, age, disability, religion, or political beliefs;
                                                                                                                                                          [age, sex, or handicap according to] and in compliance with additional nondiscrimination requirements of
                                                                                                                                                            7 Code of Federal Regulations, sec.225.3 and s225.7, and 7 Code of Federal Regulations
                                                                                                                                                              Parts 15, 15(a), and 15(b). This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on January 28, 1992. TRD-9201279 Nancy Murphy Agency liaison, Policy and Document Support Texas Department of Human Services Proposed date of adoption: April 1, 1992 For further information, please call: (512) 450-3765 Special Milk Program 40 TAC sec.12.207 The amendment is proposed under the Human Resources Code, Title 2, Chapters 22 and 33, which provides the department with the authority to administer public and nutritional assistance programs. sec.12.207. Contractor Participation Requirements. To participate in the program, the contractor must: (1)-(3) (No change.) (4) prohibit the discrimination against any eligible program participant because of race, color, national origin, sex, age, disability, religion, or political beliefs; and
                                                                                                                                                                comply with additional
                                                                                                                                                                  nondiscrimination requirements according to 7 Code of Federal Regulations, sec.215.14 and sec.245.8 , and 7 Code of Federal Regulations, Parts 15, 15(a), and 15(b)
                                                                                                                                                                    ; (5)-(6) (No change.) This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on January 28, 1992. TRD-9201280 Nancy Murphy Agency liaison, Policy and Document Support Texas Department of Human Services Proposed date of adoption: April 1, 1992 For further information, please call: (512) 450-3765 School Breakfast Program 40 TAC sec.12.307 The amendment is proposed under the Human Resources Code, Title 2, Chapters 22 and 33, which provides the department with the authority to administer public and nutritional assistance programs. sec.12.307. Contractor Participation Requirements. To participate in the program, the contractor must: (1)-(6) (No change.) (7) prohibit the discrimination against any eligible program participant because of race, color, national origin, sex, age, disability, religion, or political beliefs; and
                                                                                                                                                                      comply with additional
                                                                                                                                                                        nondiscrimination requirements according to 7 Code of Federal Regulations, sec.220.7 and sec.245.8 , and 7 Code of Federal Regulations, Parts 15, 15(a), and 15(b)
                                                                                                                                                                          ; (8)-(10) (No change.) This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on January 28, 1992. TRD-9201281 Nancy Murphy Agency liaison, Policy and Document Support Texas Department of Human Services Proposed date of adoption: April 1, 1992 For further information, please call: (512) 450-3765 National School Lunch Program 40 TAC sec.12.407 The amendment is proposed under the Human Resources Code, Title 2, Chapters 22 and 33, which provides the department with the authority to administer public and nutritional assistance programs. sec.12.407. Contractor Participation Requirements. To participate in the program, the contractor must: (1)-(9) (No change.) (10) prohibit the discrimination against any eligible program participant because of race, color, national origin, sex, age, disability, religion, or political beliefs; and
                                                                                                                                                                            comply with additional
                                                                                                                                                                              nondiscrimination requirements according to 7 Code of Federal Regulations, sec.sec.210.23(b), 245.8, and 245.13 , and 7 Code of Federal Regulations, Parts 15, 15(a), and 15(b)
                                                                                                                                                                                . (11)-(12) (No change.) This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on January 28, 1992. TRD-9201282 Nancy Murphy Agency liaison, Policy and Document Support Texas Department of Human Services Proposed date of adoption: April 1, 1992 For further information, please call: (512) 450-3765 Chapter 50. Day Activity and Health Services Reimbursement Methodology for Day Activity and Health Services 40 TAC sec.50.6903, sec.50.6905 The Texas Department of Human Services proposes amendments to sec.50.6903 and sec.50.6905, concerning reimbursement methodology, in its Day Activity and Health Services chapter. The purpose of the amendments is to clarify and correct existing rule language. Burton F. Raiford, interim commissioner, has determined that for the first five- year period the sections are in effect there will be fiscal implications for state government as a result of enforcing or administering the sections. The effect on state government for the first five-year period the sections are in effect will be an estimated additional cost of $298,928 in fiscal year (FY) 1992; $801,531 in FY 1993; $945,568 in FY 1994; $1,103,400 in FY 1995; and $1,271,339 in FY 1996. Mr. Raiford also has determined that for each year of the first five years the sections are in effect the public benefit anticipated as a result of enforcing the sections will be that the rules will better reflect the activi- ties of the day activity and health services program. The proposed changes also help providers better understand the department's rules, thus resulting in better cost reporting. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the proposed sections. Questions about the content of this proposal may be directed to Mary Anne Joseph at (512) 450-4050 in Provider Reimbursement. Comments on the proposal may be submitted to Nancy Murphy, Policy and Document Support-024, Texas Department of Human Services E-503, P.O. Box 149030, Austin, Texas 78714-9030, within 30 days of publication in the Texas Register . The amendments are proposed under the Human Resources Code, Title 2, Chapter 22, which authorizes the department to administer public assistance programs, and Chapter 32, which authorizes the department to administer medical assistance programs. sec.50.6903. Reimbursement Rate Determination. The Texas Department of Human Services (DHS) determines rate reimbursement in the following manner. (1) (No change.) (2) Cost areas. DHS combines reported costs into the following six cost areas: (A)-(E) (No change.) (F) direct programmatic expenses cost area. This area includes the costs of medical and activity supplies.
                                                                                                                                                                                  [other expenses cost area. This includes all other expenses such as training, educational, and activity supplies, building maintenance, and administration supplies.] (3) Provider administration, transportation, [utilities,] and building expenses. Provider administration, transportation, [utilities,] and building expenses are adjusted to reflect per diem costs at the average occupancy level during the cost reporting period
                                                                                                                                                                                    [85% rate of occupancy] for providers who operate with an occupancy rate of less than the average occupancy level
                                                                                                                                                                                      [85%]. (4)-(7) (No change.) sec.50.6905. List of Allowable Costs. The following list of allowable costs is not comprehensive, but rather serves as a general guide, and serves to clarify certain key expense areas. The absence of a particular cost does not necessarily mean that it is not an allowable cost. (1) Compensation of DAHS employees. Only those employees who provide services directly to day activity and health services participants, such as the director, social service activities coordinator, registered nurse, vocational nurse, attendant, driver, and food service personnel receive compensation, which includes: (A)-(B) (No change.) (C) employee benefits. This includes employer paid health and life insurance premiums, disability insurance for employees,
                                                                                                                                                                                        employer contributions to employee retirement accounts, uniform/clothing allowances, and meals provided to employees as part of an employment contract.
                                                                                                                                                                                          [or automobile provided for personal use.] (2)-(9) (No change.) This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on January 28, 1992. TRD-9201283 Nancy Murphy Agency liaison, Policy and Document Support Texas Department of Human Services Proposed date of adoption: April 1, 1992 For further information, please call: (512) 450-3765