Emergency Sections
An agency may adopt a new or amended section or repeal an existing section on an 
emergency basis if it determines that such action is necessary for the public 
health, safety, or welfare of this state. The section may become effective 
immediately upon filing with the Texas Register, or on a stated date less than 
20 days after filing, for no more than 120 days. The emergency action is 
renewable once for no more than 60 days.
Symbology in amended emergency sections. 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 11. Herbicide Regulations
4 TAC sec.11.2
The Texas Department of Agriculture (the department) adopts on an emergency 
basis, an amendment to sec.11.2, concerning special provisions for regulated 
counties.
The department is acting upon orders issued by county officials in Archer, Clay, 
and Wichita counties establishing those counties as counties regulated under the 
Texas Agriculture Code (the Code), Chapter 75, and requests from county 
officials for exemption from the permit requirements of Chapter 75 and the 
establishment of a prohibition period for the application of 2,4-D esters in 
those counties. County officials have requested that the applications of 2, 4-D 
esters be prohibited in Archer, Clay, and Wichita counties from May 1 to 
September 15 of each year and that permits not be required for the application 
of hormone herbicides in those counties.
The department believes that the establishment of a prohibition period and 
exemption of Archer, Clay, and Wichita counties from the permit requirements of 
Chapter 75 for the calendar year 1992, is appropriate and necessary. Climatic 
conditions in Archer, Clay, and Wichita counties during the period between May 1 
and September 15 are not conducive to the use of the volatile ester formulations 
of 2,4-D and applications of 2,4-D esters during that period have resulted in 
harm to susceptible crops in those counties. Requiring permits for the 
application of hormone herbicides in Archer, Clay, and Wichita counties for the 
first year of regulation will cause an economic burden to persons in those 
counties needing to spray hormone herbicides for weed control and may result in 
delays in necessary applications due to the unavailability of staff to issue 
permits when needed.
Further, it is necessary that the adoption of the permit exemption and 
prohibition period for the application of 2,4-D esters be effective immediately 
so that losses to producers in Archer, Clay, and Wichita counties due to 2,4-D 
ester exposure and permit requirements may be minimized during the 1992 crop 
season.
Emergency amendment to sec.11.2 adds special provisions for Archer, Clay, and 
Wichita counties providing for a prohibition of the spraying of 2,4-D ester in 
those counties for the period between May 1 and September 15 of each year and 
provide that no permits are required for the application of hormone herbicides 
in those counties for the calendar year 1992.
The amendment is adopted on an emergency basis under the Texas Agriculture Code, 
sec.75.018, which gives the department the authority to consider a request for 
revision of a section, an exemption from a requirement of Chapter 75, or 
prohibition of spraying in one area and to adopt rules as the department deems 
appropriate; and Texas Civil Statutes, Article 6252-13(a)(5), which provide for 
the adoption of administrative rules on an emergency basis, without notice and 
comment.
sec.11.2. County Special Provisions.
(a)-(ll) (No change.)
<nl>(mm) Archer, Clay, and Wichita.
<nl>(1) Applications of 2,4-D esters are prohibited for the period beginning May 
1 and ending September 15 of each year.
<nl>(2) Permits are not required for the applications of regulated herbicides 
for the calendar year 1992.
Issued in Austin, Texas, on May 7, 1992.
TRD-9206281
Dolores Alvarado Hibbs
Chief Administrative Law Judge
Texas Department of Agriculture
Effective date: May 7, 1992
Expiration date: August 27, 1992
For further information, please call: (512) 463-7583
       
TITLE 22. EXAMINING BOARDS
Part XXII. Texas State Board of Public Accountancy
Chapter 519. Practice and Procedure
22 TAC sec.sec.519.3, 519.6, 519.9, 519.11, 519.17, 519.19, 519.20, 519.21, 
519.23, 519.26, 519.27, 519.29
The Texas State Board of Public Accountancy adopts on an emergency basis 
amendments to sec.sec.519.3, 519.6, 519.9, 519.11, 519.17, 519.19, 519.20, 
519.21, 519.23, 519.26, 519.27, and 519.29, concerning rules of practice and 
procedure. These amendments are necessary in order to enable the board to 
effectively prosecute major cases. These amendments are necessary in order to 
enable the board to immediately prosecute the major cases as mandated in the 
Appropriations Bill 4, fiscal year 1992.
The amendments are adopted on an emergency basis under Texas Civil Statutes, 
Article 41a-1, sec.6(a), which provide the Texas State Board of Public 
Accountancy with the authority to promulgate rules to effectuate the Act.
sec.519.3. Extensions.  Unless otherwise provided by statute, the time for 
filing any pleading, except a notice of protest, may be extended upon the 
granting of a written motion duly filed with the board. [A copy of any such 
motion shall be served upon all of the parties of record to the proceedings 
contemporaneously with its filing thereof.]
sec.519.6. Notice and Service in Nonrulemaking Proceedings.
[(a) Notice. Where published notice is permitted or prescribed by these sections 
or by statute, it shall be made by incorporating it into the printed memorandum 
of notices circulated by the board to those persons entitled by law to receive 
such notices.]
<nl>(a)<ol>[(b)] Personal service. <nl>All notices for which personal service is 
required by law shall be addressed to the person entitled thereto, and shall set 
forth the names of all other parties, the nature and subject matter of the 
proceedings, and time and place of hearing, and any other matter required by 
law. The board shall mail the notice by certified or registered mail to the last 
known place of address of the person entitled to receive such notice. <ol> 
[Where personal service of notice by the board is required, the board shall mail 
the same, certified or registered mail, to the last known place of address of 
the person entitled to receive such notice.]
<nl>(b)<ol>[(c)] Service of pleadings. A copy of any protest, reply, answer, 
motion, or other pleading filed by any party in any proceeding subsequent to the 
institution thereof shall be mailed or otherwise delivered by the party filing 
the same to every other party of record. If any party has appeared in the 
proceeding by attorney or other representative authorized under these sections 
to make an appearance, service shall be made upon such attorney or other 
representative. The willful failure of any party to make such service shall be 
sufficient grounds for the entry of an order by the executive director or the 
board striking the protest, reply, answer, motion, or other pleading from the 
records.
<nl>(c) <ol>[(d)] Certificate of service. A certificate by the party attorney, 
or representative who files a pleading, stating that it has been served on the 
other parties shall be prima facie evidence of such service. The following form 
of certificate will be sufficient in this connection: " I hereby certify that I 
have this ___ day of _____, 19__ , served copies of the foregoing pleading upon 
all other parties to this proceeding, by ( here state the manner of service). 
Signature."
sec.519.9. Appearances in Person or by Representative. <ol> Any party may appear 
and be represented by an attorney at law authorized to practice law before the 
highest court <nl>in Texas<ol> [of any state]. Any person may appear on his own 
behalf or be represented by a bonafide full-time employee. A firm may appear and 
be represented by any bonafide officer, partner, or full-time employee. This 
right may be expressly waived.
sec.519.11. Form and Content of Pleadings.
<nl>(a) Pleadings filed with the board through the executive director shall be 
applications, protests, petitions, complaints, answers, replies, motions for 
rehearing, and other motions. Regardless of any error in the designation of a 
pleading, it shall be accorded its true status in the proceeding in which it is 
filed.
<nl>(b) Pleadings shall be typewritten or printed upon paper 8 1/2 inches wide 
and 11 inches long, with an inside margin of at least one inch wide, and 
exhibits annexed thereto shall be folded to the same size. Reproductions are 
acceptable provided all copies are clear and permanently legible.
(1)-(4) (No change.)
sec.519.17. Motions [Relating to Disciplinary Actions].
(a) All motions, unless made during a hearing, shall:
(1)-(2) (No change.)
(3) be served on all interested parties, not less than five days prior to the 
hearing [in accordance with sec.519.30 of this title (relating to Service by 
Mail)];
(4) be accompanied by a certificate of service signed by the movant [in 
accordance with sec.519.31 of this title (relating to Certificate of Service)] ;
(5)-(6) (No change.)
(b) (No change.)
(c) Once the hearing has begun, disposition of all motions shall rest in the 
sound discretion of <nl>the hearings <ol> [presiding] officer [or board member].
sec.519.19. Order of Procedure.
(a) In <nl>all disciplinary<ol> proceedings [to revoke, suspend,] or 
<nl>proceedings where the board refuses<ol> [refuse] to renew any license, 
certificate, or registration, the representative of the board shall first 
present the evidence against the accused. The accused may then present such 
answer and witnesses as may offer relevant evidence. The board's representative 
shall be permitted to close.
(b) In all other proceedings, the applicant <nl>or <ol> petitioner, [<nl>or <ol> 
complainant] respectively, shall be entitled to open and close . The 
<nl>hearings officer<ol> [board] in all cases shall determine at what stage 
intervenors will be permitted to offer evidence. After all parties have 
completed the presentation of their evidence, the <nl>hearings officer<ol> 
[board] may call upon any party or the staff of the board for further material 
or relevant evidence upon any issue to be presented at further public hearing 
after notice to all parties of record.
(c) The <nl>hearings officer<ol> [board] shall direct all parties to enter their 
appearances on the record. If exceptions to the form or sufficiency of the 
pleading have been filed in writing at least three days prior to the date of the 
hearing, they shall be heard; otherwise not. If exceptions are sustained, the 
<nl>hearings officer<ol> [board] shall allow a reasonable time for amendment, 
subject to the provisions of these sections.
sec.519.20. Reporters and Transcript. When a party makes a written request that 
proceedings be transcribed, the party shall state in writing an election to 
furnish his own stenographic reporter or to utilize a reporter employed by the 
board. Such written request must be received by the executive director not less 
than 15 days before the scheduled date of the hearing. [The cost of the original 
transcript shall be assessed one-half ratably to the other parties.] The 
original transcript shall be delivered <nl>at no cost,<ol> to the executive 
director. The cost <nl>for<ol> [of copies of] the transcript shall be paid by 
the requesting party. Suggested corrections to the transcript of the record may 
be offered within 10 days after the transcript is filed in the proceeding, 
unless the board shall permit suggested corrections to be offered thereafter. 
Suggested corrections shall be served in writing upon each party of record, the 
official reporter, and the board. If suggested corrections are not objected to, 
the board will direct the corrections to be made and the manner of making them. 
In case the parties disagree on suggested corrections, they may be heard by the 
board who shall then determine the manner in which the record shall be changed, 
if at all.
sec.519.21. Formal Exceptions. <ol> Formal exceptions to the rulings of the 
<nl>hearings officer<ol> [board] made at hearings shall be unnecessary. It shall 
be sufficient that the party at the time any ruling is made or sought shall have 
made known to the <nl>hearings officer<ol> [board] the action which he desires.
sec.519.23. The Record. <ol> The Record in any case shall include:
(1)-(5) (No change.)
(6) all staff memoranda or data submitted to or considered by the board in 
making <nl>decisions.<ol> [a decision;]
[(7) all staff records pertaining to direct administrative costs incurred. ]
sec.519.26. Informal [Committee] Conferences.
(a) Defined. An informal [committee] conference is defined as an informal 
meeting between a licensee and <nl>person(s) designated by the executive 
director or<ol> a board committee with subject-matter responsibility, held for 
the purpose of reaching agreement on a proposed informal disposition of a 
disciplinary action. An informal [committee] conference shall be voluntary and 
shall not be a prerequisite to a hearing in a disciplinary action.
(b) Procedure.
(1) <nl>The executive director, or a<ol> [A] committee, on <nl>his or<ol> its 
own motion or on the motion of any party, may request the parties, their 
attorneys, or representatives to appear [before the committee] at a specified 
time and place for an informal [committee] conference.
(2) Notice of an informal [committee] conference shall state the nature of the 
charge or charges against the respondent and shall be served on the respondent 
no less than <nl>10 <ol> [20] days prior to the date of said conference either 
personally or by mailing a copy thereof by certified mail to the last known 
address of the respondent.
(3) (No change.)
[(4) All informal conferences shall be tape recorded.]
(c) Rights of respondent. At any informal [committee] conference, the respondent 
may appear in person and by counsel, produce evidence and witnesses on his own 
behalf, cross-examine witnesses, and examine such evidence as may be produced 
against him.
(d) Informal disposition. In the event the parties agree to an informal 
disposition, <nl>an agreed consent order<ol> [a proposal for decision] shall be 
prepared and presented to the board for final decision thereon. The <nl>agreed 
consent order<ol> [proposal for decision] shall contain agreed findings of fact 
and conclusions of law, and shall be signed by all parties thereto.
(e) Ratification by the board. <nl>Agreed consent orders<ol> [Proposals for 
decision] shall be submitted to the board for ratification and the board may:
(1) adopt the <nl>order<ol> [proposal], at which time it becomes final; <nl>or
(2) reject the <nl>order<ol> [proposal] and order a hearing  <nl>or<ol> [before 
a hearings panel];
(3) reject the <nl>order<ol> [proposal] and order an en banc hearing; or
<nl>(4) reject the order and remand; or
<nl>(5)<ol>[(4)] reject the order and order the disciplinary action dismissed.
(f) (No change.)
sec.519.27. Hearings in Disciplinary Action.
(a) General rule. Hearings in disciplinary actions shall be governed by the 
provisions of this section, the other provisions of this chapter, the Public 
Accountancy Act of <nl>1991 and any amendments to it,<ol> [1979, as amended, 
Texas Civil Statutes, Article 41a-1, 1981,] sec.22, and the Administrative 
Procedure and Texas Register Act. Hearings shall be conducted by a <nl>hearings 
officer, <ol> [a hearings panel,] or the board en banc.
<nl>(b)  Prehearing conferences. In any disciplinary actions, the hearings 
officer, on his own motion or on the motion of any party, may direct the 
parties, their attorneys, or representatives to appear before him at a specified 
time and place for a conference prior to the hearing for the purpose of 
considering:
<nl>(1) the simplification of issues;
<nl>(2) agreement reagarding admissions or stipulations of fact to avoid the 
unnecessary introduction of proof;
<nl>(3) the procedure at the hearing; including, but not limited to, the use of 
prefiled testimony and objections;
<nl>(4) the limitation, where possible, of the number of witnesses;
<nl>(5) objections to evidence to be offered at the hearing; and
<nl>(6) such other matters as may aid in the simplification of the proceedings 
and disposition of the matters in controversy; the hearings officer shall cause 
any action taken at a prehearing conference to be recorded in an appropriate 
order.
[(b) Hearings officer. If the board directs the hearing before a hearings 
officer, the chairman of the board shall designate a hearings officer for such 
hearing. The designated hearings officer shall act as presiding and executive 
officer for all disciplinary action which the designated hearings officer is 
assigned.]
<nl>(c) Hearings officer. All decisions of a hearings officer shall be given 
full dissemination to all members of the board. If the decision of the hearings 
officer is adverse to a party to the proceeding other than the board itself, a 
final decision by the board may not be made until a proposal for decision is 
served on the parties, and an opportunity is afforded each party adversely 
affected to file exceptions and present briefs to the board. If any party files 
exceptions or presents briefs, an opportunity must be afforded to all other 
parties to file replies to the exceptions or briefs. The proposal for decision 
must contain a statement of the reasons for the proposed decision and of each 
finding of fact and conclusion of law necessary to the proposed decision, 
prepared by the hearings officer or panel which conducted the hearing. The 
proposal for decision may be amended pursuant to exceptions, replies, or briefs 
submitted by the parties without again being served on the parties. The parties 
by written stipulation may waive compliance with this section.
[(c) Hearings panel. If the hearing is to be conducted by a hearings panel, the 
hearings panel shall consist of three board members appointed by the chairman of 
the board. The chairman of the board shall appoint a presiding officer who shall 
be the executive officer for all disciplinary actions assigned to that panel.]
<nl>(d) Filing of exceptions and replies. Any party of record may, within 15 
days of the date of service of the proposal for decision, unless the hearings 
officer has set a shorter or longer period of time, file exceptions to the 
proposal for decision. Replies to these exceptions shall be filed within 15 days 
after the date of filing the exceptions unless the hearings officer has set a 
shorter or longer period of time. A request for extension or decrease of time 
within which to file exceptions or replies shall be filed with the presiding 
officer, and a copy of the request shall be served on all parties of record by 
the party making the request. The hearings officer shall promptly notify the 
parties of the decision with regard to these requests. Additional time shall be 
allowed only when the interests of justice so require. Upon the expiration of 
the time for filing exceptions or replies to exceptions, or after time for 
filing exceptions or replies to exceptions, or after the replies and exceptions 
have actually been timely filed, the proposal for decision will be considered by 
the board and either adopted, modified and adopted, or remanded to the hearings 
officer. If remanded to the hearings officer, the revised proposal for decision 
thereafter rendered by the hearings officer shall be clearly labeled as an 
amended proposal for decision.
[(d) Prehearing conferences. In any disciplinary actions, the presiding officer, 
on his own motion or on the motion of any party, may direct the parties, their 
attorneys, or representatives to appear before him at a specified time and place 
for a conference prior to the hearing for the purpose of considering:
[(1) the simplification of issues;
[(2) agreement regarding admissions or stipulations of fact to avoid the 
unnecessary introduction of proof;
[(3) the procedure at the hearing; including, but not limited to, the use of 
prefiled testimony and objections;
[(4) the limitation, where possible, of the number of witnesses;
[(5) objections to evidence to be offered at the hearing; and
[(6) such other matters as may aid in the simplification of the proceedings and 
disposition of the matters in controversy; the presiding officer shall cause any 
action taken at a prehearing conference to be recorded in an appropriate order. 
In the event that an informal disposition is proposed, no other order shall be 
necessary.]
<nl>(e) Form of exceptions and replies. Exceptions and replies to exceptions 
shall conform as nearly as practicable to the rules provided for pleadings. The 
specific exceptions shall be concisely stated. The evidence relied upon shall be 
pointed out with particularity, and that evidence and any arguments and legal 
authority relied upon shall be grouped under the exceptions to which they 
relate. Any party filing exceptions and replies shall provide the board with an 
original and 17 copies.
[(e) Informal dispositions. Informal dispositions may be made of any 
disciplinary action by stipulation, agreed settlement, consent order, or by 
default.
[(1)  Informal dispositions may be entered into any time prior to a hearing on 
the disciplinary action.
[(2) In the event the parties agree to an informal disposition, a proposal for 
decision shall be prepared and presented to the board for final decision 
thereon.
[(3) The proposal for decision shall contain findings of fact and conclusions of 
law, and shall be signed by all the parties thereto.
[(4)  Proposals for decision shall be submitted to the board for ratification 
and the board may:
[(A) adopt the proposal at which time it becomes final;
[(B) reject the proposal and remand the disciplinary action for hearing before 
the hearings officer or hearings panel;
[(C) reject the proposal and order an en banc hearing; or
[(D) reject the proposal and order the disciplinary action dismissed.]
<nl>(f) Oral argument before the board. Any party may request oral argument 
before the board before the final determination of any proceeding, but oral 
argument shall be allowed only at the discretion of the board. A request for 
oral argument may be incorporated in the exception, reply to exceptions, or in a 
separate pleading. In the event oral argument is granted by the board, each 
party who has filed exceptions and replies may be limited to a maximum of 20 
minutes for presentation thereof. The board shall require one spokesman per 
party and position.
[(f) En banc hearings. If after a disciplinary action has been assigned to a 
hearings officer or hearings panel, five members of the board demand, in 
writing, an en banc hearing, the board shall be required to hear that 
disciplinary action en banc.]
<nl>(g) Motion for rehearing. In the event a motion for rehearing is filed, the 
executive director shall have authority to act for the board in either granting 
or denying such motion.
[(g) Hearings officer or panel decision. All decisions of a hearings officer or 
a hearings panel shall be given full dissemination to all members of the board. 
If the decision of the hearings officer or hearings panel is adverse to a party 
to the proceeding other than the board itself, a final decision by the board may 
not be made until a proposal for decision is served on the parties, and an 
opportunity is afforded each party adversely affected to file exceptions and 
present briefs to the board. If any party files exceptions or presents briefs, 
an opportunity must be afforded to all other parties to file replies to the 
exceptions or briefs. The proposal for decision must contain a statement of the 
reasons for the proposed decision and of each finding of fact and conclusion of 
law necessary to the proposed decision, prepared by the hearings officer or 
panel which conducted the hearing. The proposal for decision may be amended 
pursuant to exceptions, replies, or briefs submitted by the parties without 
again being served on the parties. The parties by written stipulation may waive 
compliance with this section.
[(h) Filing of exceptions and replies. Any party of record may, within 15 days 
of the date of service of the proposal for decision, unless the presiding 
officer has set a shorter or longer period of time, file exceptions to the 
proposal for decision. Replies to these exceptions shall be filed within 15 days 
after the date of filing the exceptions unless the presiding officer has set a 
shorter or longer period of time. A request for extension or decrease of time 
within which to file exceptions or replies shall be filed with the presiding 
officer, and a copy of the request shall be served on all parties of record by 
the party making the request. The presiding officer shall promptly notify the 
parties of the decision with regard to these requests. Additional time shall be 
allowed only when the interests of justice so require. Upon the expiration of 
the time for filing exceptions or replies to exceptions, or after time for 
filing exceptions or replies to exceptions, or after the replies and exceptions 
have actually been timely filed, the proposal for decision will be considered by 
the board and either adopted, modified and adopted, or remanded to the hearings 
officer or hearings panel. If remanded to the hearings officer or hearings 
panel, the revised proposal for decision thereafter rendered by the hearings 
officer or hearings panel shall be clearly labeled as an amended proposal for 
decision.
[(i) Form of exceptions and replies. Exceptions and replies to exceptions shall 
conform as nearly as practicable to the rules provided for pleadings. The 
specific exceptions shall be concisely stated. The evidence relied upon shall be 
pointed out with particularity, and that evidence and any arguments and legal 
authority relied upon shall be grouped under the exceptions to which they 
relate. Any party filing exceptions and replies shall provide the board with an 
original and 12 copies.
[(j) Oral argument before the board. Any party may request oral argument before 
the board before the final determination of any proceeding, but oral argument 
shall be allowed only at the discretion of the board. A request for oral 
argument may be incorporated in the exception, reply to exceptions, or in a 
separate pleading. In the event oral argument is granted by the board, each 
party who has filed exceptions and replies shall be limited to a maximum of 30 
minutes for presentation thereof.
[(k) Motion for rehearing. In the event a motion for rehearing is filed, the 
chairman of the board shall have authority to act for the board in either 
granting or denying such motion.]
sec.519.29. Publication of Disciplinary/Administrative Sanctions.  <ol> The 
Texas State Board of Public Accountancy (the board) <nl>may<ol> [shall] cause to 
be published in the board's official publication, the Texas State Board Report, 
and may publish in newspapers of general distribution in the state, the name of 
any certificate or registration holder who is the subject of a reprimand, 
suspension of certificate or registration, revocation of certificate or 
registration, or surrender of certificate or registration in lieu of 
disciplinary action, or any other disciplinary action. Such publication shall 
not occur until a final board order has been issued and the appeal period 
expired, without appeal having been taken. In the event of appeal of the board 
order, publication will be made after completion of the appeal process in which 
the board is sustained. The publication <nl>may <ol> [shall] contain a narrative 
factual summary of the actions giving rise to the disciplinary/administrative 
action.
Issued in Austin, Texas, on April 22, 1992.
TRD-9206347
William Treacy
Executive Director
Texas State Board of Public Accountancy
Effective date: May 7, 1992
Expiration date: September 4, 1992
For further information, please call: (512) 450-7066
       
22 TAC sec.sec.519.10, 519.13, 519.15, 519.16, 519.30, 519.31
The Texas State Board of Public Accountancy adopts on an emergency basis the 
repeal of sec.sec.519.10, 519.13, 519.15, 519.16, 519.30, and 519.31, concerning 
rules of practice and procedure. These repeals are necessary in order to enable 
the board to effectively prosecute major cases. These repeals are necessary in 
order to enable the board to immediately prosecute the major cases as mandated 
in the Appropriations Bill 4, fiscal year 1992.
The repeals are adopted on an emergency basis under Texas Civil Statutes, 
Article 41a-1, sec.6(a), which provide the Texas State Board of Public 
Accountancy with the authority to promulgate rules to effectuate the Act.
sec.519.10. Classification of Pleadings.
sec.519.13. Motions.
sec.519.15. Publication of Notice in Nonrulemaking Proceedings.
sec.519.16. Personal Service
sec.519.30. Service by Mail.
sec.519.31. Certificate of Service.
Issued in Austin, Texas, on April 22, 1992.
TRD-9206347
William Treacy
Executive Director
Texas State Board of Public Accountancy
Effective date: May 7, 1992
Expiration date: September 4, 1992
For further information, please call: (512) 450-7066