Adopted Sections An agency may take final action on a section 30 days after a proposal has been published in the Texas Register. The section becomes effective 20 days after the agency files the correct document with the Texas Register, unless a later date is specified or unless a federal statute or regulation requires implementation of the action on shorter notice. If an agency adopts the section without any changes to the proposed text, only the preamble of the notice and statement of legal authority will be published. If an agency adopts the section with changes to the proposed text, the proposal will be republished with the changes. TITLE 37. PUBLIC SAFETY AND CORRECTIONS Part I. Texas Department of Public Safety Chapter 1. Organization and Administration Personnel and Employment Policies 37 TAC sec.1.32 The Texas Department of Public Safety adopts an amendment to sec.1.32 concerning personnel and employment policies, without changes to the proposed text as published in the April 6, 1993, issue of the Texas Register (18 TexReg 2284). The adoption of this amendment will ensure the public that the department complies with the Federal Age Discrimination in Employment Act in employment practices with regard to the hiring of troopers. The amendment deletes language in subsection (a)(1) which removes the maximum hiring age for employment as a trooper. This amendment will ensure department compliance with the Federal Age Discrimination in Employment Act. No comments were received regarding adoption of the amendment. The amendment is adopted under the Texas Government Code, sec.411.006(4) and sec.411.004(3), which provides the director with the authority to adopt rules necessary for the control of the department, subject to the Public Safety Commission's approval. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on May 10, 1993. TRD-9323127 James R. Wilson Director Texas Department of Public Safety Effective date: June 8, 1993 Proposal publication date: April 6, 1993 For further information, please call: (512) 465-2000 Chapter 23. Vehicle Inspection Vehicle Inspection Station Licensing 37 TAC sec.sec.23.1, 23.8, 23.15, 23.16 The Texas Department of Public Safety adopts amendments to sec.sec.23.1, 23.8, 23.15, and adopts new sec.23.16 concerning vehicle inspection, without changes to the proposed text as published in the April 6, 1993, issue of the Texas Register (18 TexReg 2285). The adoption of the rules will enable a more efficient administration of the Motor Vehicle-Inspection Program regarding frequency of station application, reporting, and eligibility of an inspector or a station. The amendment to sec.23.1 add subsections (e) and (f) regarding withdrawal of application and frequency of application for a station license. Subsection (d) is added to sec.23.8 requiring station owners to report an inspector's change in employment within three working days. Language is added and deleted in sec.23.15, subsection (a)(13) regarding denial of a station or inspector license for conviction of a crime which directly relates to the duties and responsibilities of a vehicle inspection station or inspector. Section 23.16 is added as a new section which promulgates the procedures and factors to be used in determining eligibility of persons with a criminal background to operate a vehicle inspection station and inspect vehicles. No comments were received regarding adoption of the amendments and new section. The amendments and new section are adopted under the Texas Civil Statutes, Article 6701d, Article XV, sec.sec.140.142, which provide the Texas Department of Public Safety with the authority to adopt rules necessary for the administration of this Act. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on May 10, 1993. TRD-9323128 James R. Wilson Director Texas Department of Public Safety Effective date: June 8, 1993 Proposal publication date: April 6, 1993 For further information, please call: (512) 465-2000 Certification of Inspectors 37 TAC sec.23.61 The Texas Department of Public Safety adopts an amendment to sec.23.61 concerning certification of inspectors, without changes to the proposed text as published in the April 6, 1993, issue of the Texas Register (18 TexReg 2287). The adoption of the amendments will be consistent with Federal Child Labor Standards regarding employment of minors and ensuring that inspectors are qualified for certification as an inspector. Administration of the Motor Vehicle Inspection Program will be more efficient. The amendment to subsection (b) revise the minimum age to qualify as an inspector from 17 to 18 years and add language requiring proof fitness as may be required. Subsection (j) is added regarding certification after denial and renumbering the remaining subsections. Subsection (k) adds and deletes language regarding reinstatement after expiration of suspension. Subsection (m) adds language requiring station owners to furnish information to the department within three working days of a change in the inspector's employment. Subsection (n) adds language requiring an inspector to demonstrate to a department representative correct operation of testing equipment at an idle emission inspection and maintenance station upon change of employment and before an inspection can be performed. Subsection (p) is added regarding the time period and conditions for withdrawal of application for a license as a certified inspector. Subsection (q) is added regarding frequency of application from date of withdrawal. No comments were received regarding adoption of the amendment. The amendment is adopted under the Texas Civil Statutes, Article 6701d, Article XV, sec.sec.140-142, which provide the Texas Department of Public Safety with the authority to adopt rules necessary for the administration of this Act. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on May 10, 1993. TRD-9323125 James R. Wilson Director Texas Department of Public Safety Effective date: June 8, 1993 Proposal publication date: April 6, 1993 For further information, please call: (512) 465-2000 Parameter Vehicle Emission Inspection and Maintenance Program 37 TAC sec.23.91, sec.23.92 The Texas Department of Public Safety adopts amendments to sec.23.91 and sec.23.92 concerning vehicle inspection, without changes to the proposed text as published in the April 6, 1993, issue of the Texas Register (18 TexReg 2287). The adoption of the amendments will ensure the public that inspectors conducting parameter vehicle emission and vehicle idle emissions inspections are properly trained and certified to operate required equipment and perform such inspections as required. Amendments to sec.23.91 add and delete language. Language is clarified for parameter vehicle emission inspections on all vehicles presented for inspection in any designated county. Language is deleted stating certified inspectors in any other county of the state may receive the training and certification to conduct the parameter vehicle emission inspection and maintenance inspections for vehicles required to be so inspected. Language regarding the rear license plate validation sticker is deleted and language added to read as registration sticker. Amendments to sec.23.92 delete language regarding a two-year vehicle inspection certificate. Language regarding the rear license plate validation sticker is deleted and language added to read as registration sticker. Both sections are amended by adding language requiring that certified inspectors successfully complete required training, testing, and certification to conduct the parameter vehicle emission and the vehicle idle emission inspection. No comments were received regarding adoption of the amendments. The amendments are adopted under Texas Civil Statutes, Article 6701d, sec.142(c)(1) and sec.142(d), which provide the Public Safety Commission with the authority to establish a Parameter Vehicle Emission Inspection and Maintenance Program for vehicles registered in any county in this state which does not meet national ambient air quality standards and for which the Texas Natural Resource Conservation Commission has adopted a resolution requesting the Department of Public Safety to institute such a program. See also Attorney General Opinion JM-138 dated March 16, 1984. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on May 10, 1993. TRD-9323126 James R. Wilson Director Texas Department of Public Safety Effective date: June 8, 1993 Proposal publication date: April 6, 1993 For further information, please call: (512) 465-2000 TITLE 37. PUBLIC SAFETY AND CORRECTIONS Part VI. Texas Department of Criminal Justice Chapter 163. Community Justice Standards 37 TAC sec.163.55 The Texas Department of Criminal Justice-Community Justice Assistance Division (TDCJ-CJAD) adopts the repeal of sec.163.55, concerning residential services, without changes to the proposed text as published in the January 29, 1993, issue of the Texas Register (18 TexReg 575). Section 163.55 has been revised in its entirety and resubmitted for adoption under sec.163.39; without adoption of this repeal, duplication of rules will occur. Section 163.55 has been repealed and resubmitted under sec.163.39 due to the recodification of rules necessitated by the reorganization of the agency. No comments were received regarding adoption of the repeal. This repeal is adopted under the Code of Criminal Procedures, Article 42.13, sec.2(a) and sec.3(a), which provides the TDCJ-CJAD with the authority to establish minimum standards for programs, facilities, equipment, and other aspects of the operation of departments; establish an application process and procedures for funding community corrections facilities; establish a format for community justice plans; and to require community supervision and corrections departments to keep financial and statistical records; submit a community justice plan; and submit periodic financial audits and statistical reports to TDCJ-CJAD. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on May 19, 1993. TRD-9323156 Jackee Cox General Counsel Texas Department of Criminal Justice Effective date: June 9, 1993 Proposal publication date: January 29, 1993 For further information, please call: (512) 463-9988 TITLE 40. SOCIAL SERVICES AND ASSISTANCE Part I. Texas Department of Human Services Chapter 29. Purchased Health Services Subchapter C. Rehabilitative Services for Persons with Mental Illness 40 TAC sec.29.201, sec.29.203 The Texas Department of Human Services (DHS) adopts amendments to sec.29. 201 and sec.29.203, concerning rehabilitative services for persons with mental illness, without changes to the proposed text as published in the April 2, 1993 issue of the Texas Register (18 TexReg 2187). The justification for the amendments is to clarify rules for Medicaid coverage of rehabilitative services for people with mental illness. The amendments will function by ensuring that appropriate services are provided to Medicaid-eligible individuals. During the comment period, DHS received comments from the Visiting Nurse's Association supporting adoption of the amendments as proposed. The amendments are adopted under the Human Resources Code, Title 2, Chapters 22 and 32, which provides the department with the authority to administer public and medical assistance programs and under Texas Civil Statutes, Article 4413 (502), sec.16, which provide the Health and Human Services Commission with the authority to administer federal medical assistance funds. 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 May 18, 1993. TRD-9323112 Nancy Murphy Section Manager Texas Department of Human Services Proposed date of adoption: July 1, 1993 For further information, please call: (512) 450-3765 Part IX. Texas Department on Aging Chapter 294. Eldercare Policies of the Texas Department on Aging Statutes and Regulations Type of Action. Adoption Docket Number. 40 TAC sec.294.1 The Texas Department on Aging adopts the repeal sec.294.1, concerning Eldercare Policies of the Texas Department on Aging, without changes in the original text as published in the February 12, 1993, issue of the Texas Register (18 TexReg 936). Chapter 294 has been revised in its entirety and resubmitted for adoption under the title Corporate Eldercare. Without adoption of this repeal, duplication of rules will occur. No comments were received regarding adoption of the repeal. The repeal is adopted under the Human Resources Code, Chapter 101, which provides the Texas Department on Aging with the authority to promulgate rules governing the operation of the department. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on May 18, 1993. TRD-9323138 Mary Sapp Executive Director Texas Department on Aging Effective date: June 8, 1993 Proposal publication date: February 12, 1993 For further information, please call: (512) 444-2727 Chapter 294. Corporate Eldercare Statutes and Regulations 40 TAC sec.294.1 The Texas Department on aging adopts the Corporate Eldercare policy with changes in the proposed text as published in the February 12, 1993 issue of the Texas Register (18 TexReg 937). The chapter applies to all area agencies on aging that engage in agreements, contractual, and/or commercial relations with any business to provide corporate eldercare services to its employees. It incorporates materials contained in a previous rule, includes recent changes to the Older Americans Act as amended, and establishes new criteria for area agencies as a result of new directions established by the Older Americans Act and the Board of the Texas Department on Aging. The policy sets forth criteria to ensure compliance with the law, to prevent conflicts of interest, and to assure compatibility between the statutory mission of the area agency on aging and any Corporate Eldercare activities in which the area agency on aging may engage. The policy provides guidance to area agencies regarding the processes required to assure proper contract stipulations. It also provides information to the area agencies regarding monitoring of Corporate Eldercare programs which will be conducted by the Department. During the public comment period, comments were received from the City of Houston, TDoA staff, and the members of the Texas Board on Aging. As a result, changes were made to the Corporate Eldercare policy to clarify and more fully comply with the amendments to the OAA under sec.301(A)(2)(E) and the definitions of Caregiver and Caretaker. Comment: 301(A)(1) of the Older Americans Act (OAA) states that it is the purpose of that title to encourage and assist State agencies and area agencies on aging to concentrate resources in order to develop greater capacity and foster the development and implementation of comprehensive and coordinated systems to serve older individuals by entering into new cooperative arrangements in each state with the persons described in paragraph (2) of the Act. Comment: Paragraph (2)(E) of the OAA states those persons include "organizations representing or employing older individuals or their families." Comment: In the OAA, the terms "Caregiver" and "Caretaker" at sec.102 (20) and (21), mean "a family member or other individual who provides care to an older individual who needs supportive services." One may be compensated (as is the Caregiver), the other is not. Corporate Eldercare provides assistance not only to the older individual, but also to those providing them care. Changes from "the elderly" to read "older relatives or friends," or "older individuals or those providing care to older relatives or friends" are made to clarify the intent of the policy and comply with the OAA. Comment: Responding to a comment regarding the provision of this service to an AAA's grantee agency, the Department agrees with the need for clarification and stipulates that the grantee will be considered a business or company and the provision of Corporate Eldercare to the Grantee would be considered a commercial relationship which requires compliance with this policy as specified. Response: Changes to ensure the consistent use of the terms "contract, agreement, or commercial relationships" were made throughout. There are changes in wording to include "public companies and public funds" and not just private entities under the policy. Also, there is a change to clarify scope of audit requirements. The new section is adopted under the Human Resources Code, Chapter 101, which provides the Texas Department on Aging with the authority to promulgate rules governing the operations of the Department. sec.294.1. Corporate Eldercare. This policy applies to all Area agencies on Aging who engage in agreements, contractual, and/or commercial relationships with any Business to provide Corporate Eldercare services to its employees. (1) Legal Authority. In accordance with AOA-PI-90-06, issued April 10, 1990, the Texas Department On Aging (TDOA) is called upon to develop and implement State policies concerning Corporate Eldercare, including specific guidelines for AAAs' involvement in this area. While the AOA Program Instruction focuses exclusively on Corporate Eldercare, it acknowledges that the State Unit On Aging is empowered to promulgate policy related to other programs and services rendered by AAAs under contract to the private sector. The 1992 Reauthorization of the Older Americans Act enacted additional provisions relating to Corporate Eldercare under sec.sec.301(a)(2)(E) and 306a, 13A-16, which require additional provisions in the state policy. (2) Policy Objective. The purpose of this policy is to set forth criteria which will ensure compliance with the law, prevent conflicts of interest, and assure compatibility between the statutory mission of the Area Agency on Aging and any Corporate Eldercare activities in which the Area Agency On Aging may engage. (3) Definition. Corporate Eldercare is any service provided to a business on behalf of its employees who have responsibilities for caring for older relatives or friends. (4) Program Purpose. The purpose of engaging in Corporate Eldercare is to enhance the scope and quality of the system of services available to older persons in a planning and service area. (A) Corporate Eldercare contracts help with outreach by providing access to the workplace, and the workforce caring for the elderly. (B) Such contracts increase support and access to services for those providing care to older relatives and friends, and thus help to meet the needs of the elderly relative or friend. (C) The purchase of services by businesses provides an additional source of funds which enable provision of service to greater numbers of elderly in need. (5) Program Components. (A) The scope of Corporate Eldercare involves contracting with a business to provide for a specified fee, certain eldercare services for the benefit of its employees. Any service provided to a business should be provided on a contracted fee for service basis. While Title III services provided by an AAA are offered free of charge to any individual in need in the PSA, expanded or specialized services tailored to the needs of a corporate or business client can be included in a contractual arrangement for which the Area Agency should receive reimbursement. Corporate Eldercare often includes a form of enhanced information and referral but may extend to other types of services and/or programs. Such other services can include, but are not limited to: designing and conducting needs surveys of staff; seminars/ workshops/forums; initiating support groups; subcontracting to provide Employee Assistance Services; contributing to or providing newsletters; providing information resources; training for managers regarding eldercare; pre-retirement and retirement planning programs; and case- management. (B) If the AAA elects to provide Corporate Eldercare to its grantee agency this will be considered a Commercial Relationship. The grantee shall be considered a Company or business. The AAA must comply with all terms and provisions of this policy, with the exception of the requirement to enter into a written contract. In addition to all other terms of the policy, this explicitly requires the AAA to maintain records that provide all the information specified in subsection (7)(G) of this section (relating to confidentiality of information), and to release such information to the Department and AoA. Since there may not be a written contract, in the case of an AAA providing Corporate Eldercare to its grantee agency, the word contract in this policy is to be substituted with the term "Corporate Eldercare Program" as appropriate. (C) Delivery of the service requires the area agency to provide this service directly for the business. Area Agency staff, paid by the contract, provide or arrange the services based on the terms of the contract. (D) The Texas Department On Aging encourages all Area Agencies On Aging to engage in appropriate agreements with employers in the development and implementation of Corporate Eldercare programs as part of the development of a comprehensive and coordinated system of services for all older persons. All Area Agencies On Aging are eligible to engage in Corporate Eldercare activities, provided such activities comply with all the provisions of this policy. TDOA recognizes that an AAA may elect to join with other AAAs and/or the Texas Association of Area Agencies On Aging in such contracts. These types of arrangements are permissible, provided that the provisions of this policy are followed. (6) General Provisions. (A) All Area Agencies are required to describe in their Area Plan all activities of the area agency on aging, whether funded by public or private funds. (B) AAAs electing to enter into Corporate Eldercare contracts, agreements, or commercial relationships with any business shall include in their Area Plan, and amendments thereto, strategies describing the area agency's plans for, and/or current involvement with Corporate Eldercare, and services to be rendered to older persons, or those providing care to older relatives or friends, as a consequence of said agreements or contracts. (C) The Area Plan must include assurances that: (i) assure that the AAA's activities conform with the responsibilities of the AAA as set forth in sec.sec.301(A)(2)(E) and 306a; (ii) assure the AAAs activities conform with the laws, regulations, and policies of the state; (iii) assure that in all agreements, contracts, and commercial relationships, the AAA will not compromise the integrity or public purpose of Title III services or service providers; (iv) assure that the AAA will disclose to AoA and TDOA the identity of each entity with which such agency has an agreement, contract, or commercial relationship relating to the provision of any service to older individuals or those providing care to older relatives or friends; and the nature of such agreement, contract, or relationship; (v) assure that the AAA will demonstrate that a loss or diminution in the quantity or quality of the services provided or to be provided by such agency has not resulted and will not result from such agreement, contract, or relationship; (vi) assure that the AAA will demonstrate that the quantity or quality of the services to be provided by such agency will be enhanced as a result of such agreement, contract, or relationship; (vii) assure that the AAA will, on request from AoA or TDOA, for the purpose of monitoring, disclose all sources and expenditures of funds such agency receives or expends to provide services to older individuals or those providing care to older relatives or friends. (viii) assure that payment by a private contract, agreement, or commercial relationship will fully cover the cost of services provided, and that Title III funds will not be used to pay any part of a cost, including administrative costs, incurred by the AAA to carryout a contract or commercial relationship that is not carried out to implement Title III (unless a public/private partnership is established whereby the state or federal governments agree to subsidize the costs of Corporate Eldercare); (ix) assure that preference in receiving services under Title III will not be given to particular elderly as a result of a contract or commercial relationship that is not carried out to implement Title III; and (x) assure the AAA will focus on serving older persons in accordance with their need for services, with particular attention to individuals with greatest economic or social need, including low-income minority persons. (D) This section does not constrain the AAA from using OAA Title III-B funds to develop new resources and coordinate services to develop Corporate Eldercare in its PSA, as long as such activity is in compliance with TDOA Program Development policy. This complies with the statutory mission of AAAs by fostering the development of comprehensive and coordinated systems of services for all older persons, including all types of services and resources, both public and private, which are available to serve older persons or those providing care to older relatives or friends. Area Agencies must avoid any activity, however, which may have the appearance of subordinating their public purpose mission to either organizational self-interest or to the private interests of particular individuals or organizations. (7) Requirements for contracts between AAAs, employers, and other public or private companies. The Business must enter into a written agreement or contract with the Area Agency On Aging which clearly states: (A) the name of the business or companyi, the services to be provided the fee to be paid for the services defined, and the term of the contract; (B) the AAA cannot execute an agreement or contract that demands exclusivity. An AAA must be free to negotiate other similar agreements, contracts, or commercial relationships; (C) the AAA cannot enter into an agreement or contract that obligates it to be identified with or to promote the company or its products, or places it in a conflict of interest with its public mission; (D) the AAA has the right to refuse services to a company or its employees or clients in the event that there is a potential conflict of interest for the AAA, as identified by the AAA or the TDOA. Such interpretations should be documented and kept on file for monitoring purposes; (E) a contract must provide that an AAA has the right to reveal its findings, plans, and recommendations to the Client, regardless of whether or not the company makes a final decision regarding client eligibility and/or services provided, and regardless of what that decision is; (F) a contract must provide that all information obtained by the AAA relating to personal facts and circumstances shall be treated as privileged communication, shall be held confidential, and shall not be divulged without the written consent of the individual receiving the services, his/her attorney, or his/her legal guardian, except as is required by TDOA for the purposes of monitoring for compliance with the provisions of this policy, or as directed by the court. However, nothing prohibits the disclosure of information in summary, statistical, or other form which does not identify particular individuals. All AAA personnel having access to information pertaining to individuals receiving services shall complete and sign a nondisclosure agreement; (G) the contract must further provide that the information obtained through the performance of the contract be treated as confidential information. The AAA shall not use any information obtained in the performance of the contract in any manner except as necessary for the proper discharge of its obligations; (H) a contract must hold the AAA and TDOA harmless when they are party to the contract, and defend them in any actions brought against them on the basis of the companies' policies or decisions regarding benefits and services. (I) provisions of the contract may not require the withholding of information or otherwise limit the ability of the AAA to judge or act in the public interest, or restrict the ability of TDOA to exercise appropriate oversight of the AAA in fulfillment of its public mission and responsibilities; and (J) a Corporate Eldercare contract must cover all the costs of providing the services, including administrative costs. Any and all AAA staff providing Corporate Eldercare services must be paid from the funds received from the company. No Title III funds are to be used to pay any part of a cost incurred by the AAA to carry out a Corporate Eldercare contract or commercial agreement. (8) Fiscal Requirements. (A) The AAA is required to establish and implement appropriate fiscal controls to govern the separate accountability of private contract or other Corporate Eldercare revenues and expenditures. Corporate Eldercare revenues will be accounted for separately from all other federal, state, and local funds awarded or obtained for services under the Area Plan contract. (B) Public funds obtained for the purpose of implementing Title III OAA programs may not be used to supplement and/or pay any part of a cost, including administrative costs, incurred by an AAA to carry out a Corporate Eldercare contract, agreement, or commercial relationship (unless a public/private partnership is established whereby the state or federal governments agree to subsidize the costs of Corporate Eldercare). (C) An AAA that enters into a Corporate Eldercare contract, agreement or commercial relationship shall have available, and shall produce upon request, documentation to assure that the payment under the contract or agreement covers the complete costs of providing the service. (9) Monitoring. TDOA, through its program-monitoring activities, shall periodically assess AAAs compliance through the following actions: (A) Review and approval of the AAA Area Plan (annually and more frequently for modifications as submitted) including: (i) strategies describing the area agency's plans for and/or current involvement with Corporate Eldercare, their relationships with private corporations, and services to be rendered to older persons as a consequence of said agreements or contracts; (ii) signed statement of assurances of compliance with this policy; (iii) any additional supporting documents submitted at the option of the AAA; and (iv) related data in the Area Plan budget. (B) Annual review of financial audits and records. TDOA will review and, as appropriate, act upon: (i) adequacy of AAA financial system to maintain separate accounting for different funds, including private contracts; (ii) adequacy of AAA financial control system; (iii) adequacy of AAA support documents (including time sheets) to justify costs to each funding source; and (iv) audit results and findings regarding each of the provisions listed in clauses (i)-(iii) of this subparagraph. (C) Periodic field visits and assessments of AAA activities. TDOA field staff conduct a continuous program of field visits to AAAs on a rotating basis. The field assessment will include review for compliance with: (i) this State policy on Corporate Eldercare; (ii) the General Provisions of this policy as referred to in paragraph (6) of this section; (iii) requirements for contracts as specified in paragraph (7) of this section; and, (iv) fiscal requirements as specified in paragraph (8) of this section. (D) Where necessary and appropriate, TDOA will issue requirements for corrective actions and special conditions to the TDOA/AAA contract, or withhold or deny approval of the Area Plan where there is a finding that the AAA is out of compliance with the provisions of the Corporate Eldercare policy. The standard Hearing process of such actions is outlined in sec.sec.257.1-257.79 of this title (relating to Appeal Procedures for Service Providers and Applicants). This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on May 18, 1993. TRD-9323137 Mary Sapp Executive Director Texas Deparment on Aging Effective date: June 8, 1993 Proposal publication date: February 12, 1993 For further information, please call: (512) 444-2727