EMERGENCY RULES 
 
 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 and remaining in effect no more than 120 days. The 
emergency action is renewable once for no more than 60 additional 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 22. EXAMINING BOARDS 
 Part IV. Texas State Board of Social Worker Examiners 
  
  The Texas State Board of Social Worker Examiners (the board) adopts on an 
emergency basis the repeals of existing sec. s781.101, 781.102, 781.104-781. 
106, 781.201-781.208, 781.301-781.305, and 781.401-781.410, and new sections 
sec.sec.781.101-781.102, 781.201-781.217, 781.301-781.313, 781.315, 781.501-781. 
514, 781.601-781.608, and 781.701-781.707, concerning the licensure and 
regulation of social workers. Existing sec.781.103 concerning the current code 
of ethics is not being repealed on an emergency basis and will continue to be 
effective until a new code of ethics is adopted. 
   Chapter 781. Social Worker Licensure 
  
  Certification Requirements 
 
  22 TAC sec.sec.781.101, 781.102, 781.104-781.106 
 
  The repeal and new sections are adopted on an emergency basis in order to meet 
requirements of the Texas Professional Social Work Act, Human Resource Code, 
Chapter 50, as amended by Senate Bill 1426, 73rd Legislature, 1993, and became 
effective September l, 1993. The repeals and new sections are necessary to 
prevent conflict between the new law and the existing rules and to implement new 
requirements of the law, including the organization of a governor-appointed 
board and the transfer of administrative assistance to the Texas Department of 
Health. 
 
 
  sec.781.101. Certification Required. 
 
   
  sec.781.102. Definitions. 
 
   
  sec.781.104. Categories of Certification. 
 
   
  sec.781.105. Provisional Certification. 
 
   
  sec.781.106. Certificates of Recognition. 
     
  Issued in Austin, Texas, on July 11, 1994. 
 TRD-9443788 
  Catherine Clancy 
 Chairperson 
 Texas State Board of Social Worker Examiners 
    Effective date: July 31, 1994 
 Expiration date: November 28, 1994 
 For further information, please call: (512) 719-3521 
         
       
  Subchapter A. General Provisions 
 
  22 TAC sec.781.101, sec.781.102 
 
  The new sections are adopted on an emergency basis in order to meet 
requirements of the Texas Professional Social Work Act, Human Resource Code, 
Chapter 50, as amended by Senate Bill 1426, 73rd Legislature, 1993, and became 
effective September 1, 1993. The new sections are necessary to prevent conflict 
between the new law and the existing rules and to implement new requirements of 
the law, including the organization of a governor-appointed board and the 
transfer of administrative assistance to the Texas Department of Health. 
 
 
  sec.781.101. Purpose and Scope. 
 
  (a) The purpose of this chapter is to implement the provisions in the Texas 
Professional Social Work Act (Act), Human Resources Code, Chapter 50. 
   
  (b) The Act restricts the use of the titles "licensed master social worker", 
"licensed social worker" or "social work associate" or any other title that 
implies licensure or certification in professional social work services. 
   
  (c) A person not represented to the public as a social worker is exempt from 
this chapter. 
   
  (d) This chapter covers the organization, administration, and other general 
procedures and policies of the Texas State Board of Social Worker Examiners. 
   
  (e) The Act and this chapter apply to every licensee even if the licensee is 
involved in activities or services exempt under the Act, sec.50.002. 
 
     
  sec.781.102. Definitions.  The following words and terms, when used in this 
chapter, shall have the following meanings, unless the context clearly indicates 
otherwise. 
   
   Act-The Texas Professional Social Work Act, Human Resources Code, Chapter 50. 
   
   Accredited colleges or universities-Colleges or universities as reported by 
the American Association of Collegiate Registrars and Admission Officers. 
   
   Administrative Law Judge (ALJ)-A person within the State Office of 
Administrative Hearings who conducts hearings under this chapter on behalf of 
the board. 
   
   Agency-A public or private employer or business entity providing social work 
services. 
   
   APA-The Administrative Procedure Act, Government Code, Chapter 2001. 
   
   Board-Texas State Board of Social Worker Examiners. 
   
   Client-A person who seeks or receives social work services. A person remains 
a client until the termination of services. 
   
   Clinical social work-The practice of providing evaluation, diagnosis, and 
treatment to individuals, families, or groups with mental or emotional 
conditions or disorders or who are adversely affected by social or psychosocial 
stress or health impairment. 
   
   Confidential information -Information obtained from a client or records 
relating to a client, including the client's identity, that are not discloseable 
under applicable law. 
   
   Council on Social Work Education (CSWE)-The national organization which 
accredits social work education schools and programs. 
   
   Department-Texas Department of Health. 
   
   Detrimental to the client-An act or omission of a professional responsibility 
that is damaging to the physical, mental, or financial status of the client. 
   
   Full-time experience -Social work services totalling 30 or more hours per 
week. 
   
   Health care professional-A licensee or any other person licensed, certified, 
or registered by the State of Texas in a health-related profession. 
   
   License-A regular, provisional, or temporary license or recognition issued by 
the board unless the content of the rule indicates otherwise. 
   
   LMSW-Licensed master social worker. 
   
   LMSW-ACP-Licensed master social worker-advanced clinical practitioner. 
   
   LMSW-AP-Licensed master social worker-advanced practitioner. 
   
   LSW-Licensed social worker. 
   
   Licensee-A person licensed or recognized by the board to perform professional 
social work practice. 
   
   Nonclinical social work-The areas of social work practice that include 
community organization, planning, administration, teaching, research, 
administrative supervision, nonclinical consultation and other related social 
work activities. 
   
   Part-time-Social work services totalling less than 30 hours per week. 
   
   Professional social work practice-Services and actions performed for 
compensation to effect changes in human behavior, a person's emotional 
responses, interpersonal relationships, and the social conditions of 
individuals, families, groups, organizations, and communities. For the purpose 
of this definition, the practice of professional social work is guided by 
special knowledge, acquired through formal professional social work education, 
of social welfare policies and services, social welfare systems and resources, 
human development and behavior within the context of the social environment, and 
methods to enhance the functioning of individuals, families, groups, 
communities, and social welfare organizations. Professional social work practice 
involves the disciplined application of social work values, principles, and 
methods, including psychotherapy, marriage and family therapy, couples therapy, 
group therapy, counseling, assessment, and evaluation. Professional social work 
practice may also be referred to as social work services. 
   
   Recognition-Authorization from the board to engage in the private, 
independent or specialty practice of social work services. 
   
   Social worker-A person licensed under the Act as a SWA, LSW, LMSW, LMSW- AP 
or LMSW-ACP. 
   
   SWA-A person licensed as a social worker associate. 
   
   Supervision-The professional relationship between a supervisor and a social 
worker which provides evaluation and direction over the services provided by the 
social worker and promotes professional development of knowledge, skills, and 
abilities to provide social work services. It may include, without being limited 
to, direct observation or the review of case presentations, audiotapes, or 
videotapes. 
   
   Termination-The end of professional services, meetings, and billing for 
services. 
     
  Issued in Austin, Texas, on July 11, 1994. 
 TRD-9443787 
  Catherine Clancy 
 Chairperson 
 Texas State Board of Social Worker Examiners 
    Effective date: July 31, 1994 
 Expiration date: November 28, 1994 
 For further information, please call: (512) 719-3521 
         
     
  Application Process 
 
  22 TAC sec.sec.781.201-781.208 
 
  The repeals are adopted on an emergency basis in order to meet requirements of 
the Texas Professional Social Work Act, Human Resource Code, Chapter 50, as 
amended by Senate Bill 1426, 73rd Legislature, 1993, and became effective 
September 1, 1993. The repeal is necessary to prevent conflict between the new 
law and the existing rules and to implement new requirements of the law, 
including the organization of a governor-appointed board and the transfer of 
administrative assistance to the Texas Department of Health. 
 
 
  sec.781.201. Fees. 
 
   
  sec.781.202. Application Requirements. 
 
   
  sec.781.203. Qualifications for Certification or Recognition. 
 
   
  sec.781.204. Supervision for Private and Specialty Practice Recognition. 
 
   
  sec.781.205. Felony Conviction Statement. 
 
   
  sec.781.206. Examination Requirement. sec.781.207. Exemption from Examination. 
 
   
  sec.781.208. Certification by Endorsement. 
     
  Issued in Austin, Texas, on July 11, 1994. 
 TRD-9443786 
  Catherine Clancy 
 Chairperson 
 Texas State Board of Social Worker Examiners 
    Effective date: July 31, 1994 
 Expiration date: November 28, 1994 
 For further information, please call: (512) 719-3521 
         
         
  Subchapter B. The Board 
 
  22 TAC sec.sec.781.201-781.217 
 
  The new sections are adopted on an emergency basis in order to meet 
requirements of the Texas Professional Social Work Act, Human Resource Code, 
Chapter 50, as amended by Senate Bill 1426, 73rd Legislature, 1993, and became 
effective September l, 1993. The new sections are necessary to prevent conflict 
between the new law and the existing rules and to implement new requirements of 
the law, including the organization of a governor-appointed board and the 
transfer of administrative assistance to the Texas Department of Health. 
 
 
  sec.781.201. Board Rules. 
 
  (a) The purpose of this section is to delineate the board's procedures for the 
submission, consideration, and disposition of a petition to the board to adopt a 
rule. 
   
  (b)  Submission of the petition. 
 
  (1) Any person may petition the board to adopt a rule. 
   
  (2) The petition shall be in writing; shall state the petitioner's name, 
address, and phone number; and shall contain the following: 
 
  (A) a brief explanation of an justification for the proposed rule; 
   
  (B) the text of the proposed rule prepared in a manner to indicate the words 
to be added or deleted from the current text, if any; 
   
  (C) a statement of the statutory or other authority under which the rule is to 
be promulgated; and 
   
  (D) the public benefit anticipated as a result of adopting the rule or the 
anticipated injury or inequity which could result from the failure to adopt the 
proposed rule. 
     
  (3) The petition shall be filed with the board office. 
   
  (4) The board office may determine the petition does not contain the 
information described in paragraph (2) of this subsection and shall return the 
petition to the petitioner. 
     
  (c)  Consideration and disposition of the petition. 
 
  (1) Except as otherwise provided in subsection (d) of this section, the 
executive director shall submit a completed petition to the board for 
consideration. 
   
  (2) Within 60 days after receipt of the petition, the board shall deny the 
petition or institute rule making procedures in accordance with the 
Administrative Procedure and Texas Register Act, Texas Civil Statutes, the 
Government Code, Chapter 2001. The board may deny parts of the petition or 
institute rule-making procedures on parts of the petition. 
   
  (3)  If the board denies the petition, the board shall give the petitioner 
written notice of the board's denial, including the board's reasons for the 
denial. 
   
  (4) If the board initiates rulemaking procedures, the version of the rule 
which the board proposes may differ from the version proposed by the petitioner. 
     
  (d) Subsequent petitions to adopt the same or similar rules. All initial 
petitions for the adoption of a rule shall be presented to and decided by the 
board in accordance with the provisions of subsections (b) and (c) of this 
section. The board may refuse to consider a subsequent petition for the adoption 
of the same or similar rules submitted within six months after the date of an 
initial position. 
 
     
  sec.781.202. Board Meetings. 
 
  (a) The board shall hold at least one meeting each year and additional 
meetings as necessary. 
   
  (b)  A meeting may be called by the chairperson after consultation with board 
members or by a majority of members so voting at a meeting. 
   
  (c)  Meetings shall be announced and conducted under the provisions of the 
Texas Open Meetings Act, Texas Government Code, Chapter 551. 
   
  (d)  The chairperson will invite comments or statements from nonboard members 
on all agenda items, but may limit the time allotted to each individual. The 
board may not act on comments or statements related to issues not on the agenda. 
   
  (e) Interpreters and other reasonable accommodations necessary to facilitate 
public participation will be made available as needed. Notice that reasonable 
accommodations will be needed must be received by the executive director at 
least one week in advance of the board or committee meeting. 
 
     
  sec.781.203. Board Training. <ol> The board adopts the Health Professions 
Council's approved board member training as the official training required of 
all new board members. 
 
   
  sec.781.204. Transaction of Official Board Business. 
 
  (a)  The board may transact official business only when in a legally 
constituted meeting with a quorum present. A quorum of the board necessary to 
conduct official business is five members. 
   
  (b) The board shall not be bound in any way by any statement or action on the 
part of any board or staff member except when a statement or action is pursuant 
to specific instructions of the board. 
   
  (c) Robert's Rules of Order Revised shall be the basis of parliamentary 
decisions except as otherwise provided in this chapter. 
 
     
  sec.781.205. Board Agendas. 
 
  (a) The executive director shall be responsible for preparing and submitting 
an agenda to each member of the board prior to each meeting which includes items 
requested by members, items required by law, and other matters of board business 
which have been approved for discussion by the chairperson. 
   
  (b) The official agenda of a meeting shall be filed with the Texas Secretary 
of State as required by law. 
 
     
  sec.781.206. Board Minutes. 
 
  (a) The minutes of a board meeting are official only when affixed with the 
original signatures of the chairperson and the executive director. 
   
  (b) Drafts of the minutes of each meeting shall be forwarded to each member of 
the board for review and comments or corrections prior to approval by the board. 
   
  (c) The official minutes of the board meetings shall be kept in the office of 
the executive director and shall be available to any person desiring to examine 
them. 
 
     
  sec.781.207. Elections. 
 
  (a) At the first meeting following the last day of January of each year, the 
board shall elect a vice-chairperson. 
   
  (b) A vacancy which occurs in the office of vice-chairperson may be filled at 
any meeting. 
 
     
  sec.781.208. Officers of the Board. 
 
  (a) Chairperson. 
 
  (1) The chairperson shall preside at all meetings at which he or she is in 
attendance and perform all duties prescribed by law or this chapter. 
   
  (2) The chairperson is authorized by the board to make day-to-day decisions 
regarding board activities in order to facilitate the responsiveness and 
effectiveness of the board. 
     
  (b) Vice-chairperson. 
 
  (1) The vice-chairperson shall perform the duties of the chairperson in case 
of the absence or disability of the chairperson. 
   
  (2) In case the office of the chairperson becomes vacant, the vice-chairperson 
shall serve until a successor is appointed. 
 
       
  sec.781.209. Committees of the Board. 
 
  (a) The board or the chairperson may establish committees deemed necessary to 
carry out board responsibilities. 
   
  (b) The chairperson shall appoint members of the board to serve on committees 
and shall appoint the committee chairpersons. 
   
  (c) The chairperson may appoint nonboard members to serve as committee members 
on a consultant or voluntary basis subject to board approval. 
   
  (d) Committee chairpersons shall make regular reports to the board in interim 
written reports or at regular meetings. 
   
  (e) Committees may direct all reports or other materials to the executive 
director for distribution. 
   
  (f) Committees shall meet when called by the committee chairperson or when so 
directed by the board or the board chairperson. 
   
  (g) Each committee shall consist of least one public member and one 
professional member, unless the board authorizes otherwise. 
 
     
  sec.781.210. Executive Director. 
 
  (a) The executive director of the board shall be an employee of the department 
appointed by the Commissioner of Health, as the administrator of board 
activities. 
   
  (b)  The executive director shall keep the minutes of the meetings and 
proceedings of the board and shall be the custodian of the files and records of 
the board unless another custodian is designated by the board. 
   
  (c)  The executive director shall exercise general supervision over persons 
employed in the administration of the Act. The executive director may delegate 
responsibilities to other staff members when appropriate. 
   
  (d) The executive director shall be responsible for the investigation and 
presentation of complaints. 
   
  (e) The executive director shall be responsible for all correspondence for the 
board and obtain, assemble, or prepare reports and information that the board 
may direct, or as authorized or required by the department or other agency with 
appropriate statutory authority. 
   
  (f)  The executive director shall have the responsibility of assembling and 
evaluating materials submitted by applicants for licensure and renewal. 
Determinations made by the executive director that propose denial of licensure 
are subject to the approval of the appropriate committee of the board or the 
board which shall make the final decision on the eligibility of the applicants. 
 
     
  sec.781.211. Reimbursement for Expenses. 
 
  (a) A board member is entitled to per diem in the same amount set for state 
employees by the General Appropriations Act and travel expenses to and from 
meetings. 
   
  (b) Payment to members of per diem and transportation expenses shall be on 
official department vouchers. 
 
     
  sec.781.212. Official Records of the Board. 
 
  (a) Records which are public may be reviewed by inspection or duplication, or 
both. Confidential records will not be made available. 
   
  (b) When any person's request would be unreasonably disruptive to the ongoing 
business of the office or when the safety of any record is at issue, physical 
access by inspection may be denied and the requester will be provided the option 
of receiving duplicate copies at the requester's cost. 
   
  (c) Applicable costs of duplication shall be paid by the requester at the time 
of or before the duplicated records are sent or given to the requester. The 
charge for copies shall be the same as set by the department for copies. 
   
  (d)  The rules of procedure for inspection and duplication of public records 
contained in the Texas Open Records Act shall apply to requests received by the 
board. 
 
     
  sec.781.213. Impartiality and Non-discrimination. 
 
  (a) The board shall make no decision in the discharge of its statutory 
authority with regard to any person's race, religion, color, sex, disability, or 
national origin. 
   
  (b) Any board member who is unable to be impartial in the determination of an 
applicant's eligibility for licensure or in a disciplinary action against a 
licensee shall so declare this to the board and shall not participate in any 
board proceedings involving that applicant or licensee. 
 
     
  sec.781.214. Applicants with Disabilities. 
 
  (a) The board shall comply with applicable provisions of the Americans with 
Disabilities Act. 
   
  (b) Applicants with disabilities shall inform the board in advance of any 
reasonable accommodations needed. 
 
     
  sec.781.215. The License. 
 
  (a) The board shall prepare and provide to each licensee a license which 
contains the licensee's name and license number. 
   
  (b) Regular licenses shall be signed by the board chairperson and executive 
director and be affixed with the seal of the board. 
   
  (c) Temporary and provisional licenses shall be signed by the board 
chairperson and the executive director. 
   
  (d) All licenses issued by the board remain the property of the board and must 
be surrendered to the board on demand. 
 
     
  sec.781.216. Roster of Licensees. 
 
  (a) Each year the board shall publish a roster of licensees. 
   
  (b) The roster of licensees shall include, but not be limited to, the name, 
address, and telephone numbers of current licensees. 
   
  (c) The board shall make a copy of the roster available to each licensee, and 
upon request, copies to other state agencies and the general public. 
 
     
  sec.781.217. Fees. 
 
  (a) The following are the board's fees: 
 
  (1) application fee for all licenses or specialty recognition -$20; 
   
  (2) license fee for SWA, LSW, or LMSW-$30; 
   
  (3) renewal fee for SWA, LSW or LMSW-$30; 
   
  (4) license specialty recognition (AP or ACP)-$10; 
   
  (5)  renewal fee for specialty recognition-$10; 
   
  (6) additional or replacement license fee-$10; 
   
  (7) additional penalty fee for late renewal: 
 
  (A) 1-90 days-$45; and 
   
  (B)  91 days but less than one year-$90; 
     
  (8) inactive status fee-$15; 
   
  (9) reactivation fee-$15 plus the renewal fee for specialty recognition, if 
applicable; 
   
  (10) returned check fee-$25; and 
   
  (11) continuing education sponsor application fee-$50. 
     
  (b) Fees paid to the board by applicants are not refundable except in 
accordance with sec.781.303 of this title (relating to Application). 
   
  (c) Remittances submitted to the board in payment of fees may be in the form 
of a personal check, cashier's check, or money order; however, a returned check 
fee must be in the form of a cashier's check or money order. 
   
  (d) A license which is issued by the board, but for which a check is returned 
(e.g. insufficient funds, account closed, or payment stopped) is invalid. 
       
  Issued in Austin, Texas, on July 11, 1994. 
 TRD-9443785 
  Catherine Clancy 
 Chairperson 
 Texas State Board of Social Worker Examiners 
    Effective date: July 31, 1994 
 Expiration date: November 28, 1994 
 For further information, please call: (512) 719-3521 
         
     
  Certificate Expiration and Renewal 
 
  22 TAC sec.sec.781.301-781.305 
 
  The repeals are adopted on an emergency basis in order to meet requirements of 
the Texas Professional Social Work Act, Human Resource Code, Chapter 50, as 
amended by Senate Bill 1426, 73rd Legislature, 1993, and became effective 
September 1, 1993. The repeal is necessary to prevent conflict between the new 
law and the existing rules and to implement new requirements of the law, 
including the organization of a governor-appointed board and the transfer of 
administrative assistance to the Texas Department of Health. 
 
 
  sec.781.301. Expiration and Renewal. 
 
   
  sec.781.302. Continuing Education Requirements. 
 
   
  sec.781.303. Inactive Status. 
 
   
  sec.781.304. Emeritus Certification. 
 
   
  sec.781.305. Variances. 
     
  Issued in Austin, Texas, on July 11, 1994. 
 TRD-9443784 
  Catherine Clancy 
 Chairperson 
 Texas State Board of Social Worker Examiners 
    Effective date: July 31, 1994 
 Expiration date: November 28, 1994 
 For further information, please call: (512) 719-3521 
         
         
  Subchapter C. Licenses and Licensing Process 
 
  22 TAC sec.sec.781.301-781.313, 781.315 
 
  The new sections are adopted on an emergency basis in order to meet 
requirements of the Texas Professional Social Work Act, Human Resource Code, 
Chapter 50, as amended by Senate Bill 1426, 73rd Legislature, 1993, and became 
effective September l, 1993. The new sections are necessary to prevent conflict 
between the new law and the existing rules and to implement new requirements of 
the law, including the organization of a governor-appointed board and the 
transfer of administrative assistance to the Texas Department of Health. 
 
 
  sec.781.301. Qualifications for Licensure. 
 
  (a) The following education and experience is required for the specified 
licenses and specialty recognitions: 
 
  (1) LMSW-a doctoral or master's degree in social work from a CSWE accredited 
college or university; 
   
  (2)  LSW-a baccalaureate degree in social work from a CSWE accredited college 
or university; 
   
  (3) SWA- 
 
  (A) a baccalaureate degree from an accredited college or university and one 
year of full-time social work experience as defined in sec.781.304(c) of this 
title (relating to Required Documentation of Qualifications for Licensure) under 
the supervision of a SWA, LSW or LMSW; or 
   
  (B) an associate of arts degree in a behavioral science from an accredited 
college or university and three years of full-time social work experience as 
defined in sec.781.304(c) of this title under the supervision of a SWA, LSW or 
LMSW; 
     
  (4) LMSW-ACP- 
 
  (A) licensure as a LMSW; 
   
  (B) three years of full-time experience in a clinical social work position 
while licensed as a LMSW; 
   
  (C) two years of supervision (as part of the three years of experience) under 
a LMSW-ACP supervisor as specified in  s781.302(b) of this title (relating to 
Supervision for Specialty Recognition); and 
   
  (D) identification with and continued participation in the social work 
profession as evidenced by licensure as an LMSW, active membership and 
participation in social work organizations and experience in social work 
positions; and 
     
  (5) LMSW-AP- 
 
  (A) licensure as a LMSW; 
   
  (B) three years of full-time experience in a non-clinical social work position 
while licensed as a LMSW; 
   
  (C)  two years of supervision (as part of the three years of experience) under 
a LMSW-ACP or LMSW-AP supervisor as specified in sec.781.302(b) of this title; 
and 
   
  (D) identification with and continued participation in the social work 
profession as evidenced by licensure as a LMSW, active membership and 
participation in social work organizations and experience in social work 
positions. 
       
  (b) Only a person who is licensed and recognized by the board as a LMSW-ACP or 
LMSW-AP is qualified for the private, independent practice of social work. No 
further recognition is necessary. 
 
  (1) As a private practitioner, a LMSW-ACP may provide any clinical or 
nonclinical social work services. 
   
  (2) A LMSW-AP must restrict his or her private, independent practice to the 
provision of nonclinical social work services. 
   
  (3) A licensee must not engage in any private, independent practice that is 
within the scope of the definition of professional social work practice without 
being licensed and recognized by the board as a LMSW-ACP or LMSW-AP. 
   
  (4) A person with a private, independent practice who is not an LMSW- ACP or 
LMSW-AP but is licensed in another profession and acting within the scope of 
that other license, may not use the titles "licensed master social worker", 
licensed social worker", or "social work associate" or any other title that 
implies licensure or certification in professional social work services. 
     
  (c) An applicant for AP and ACP recognition is not eligible for a temporary or 
provisional license. 
 
     
  sec.781.302. Supervision for Specialty Recognition. 
 
  (a) A LMSW who plans to apply for specialty practice recognition must: 
 
  (1)  submit a supervisory plan to the board for approval by the appropriate 
committee of the board or executive director at the beginning of supervision or 
within six months of the effective date of these rules; 
   
  (2)  submit a notice to the board within 30 days of the end of each 
supervisory plan with each supervisor and a termination evaluation completed by 
the supervisor; and 
   
  (3) submit a new supervisory plan within 90 days of changing supervisors. 
     
  (b) A person who wishes to be an approved supervisor must file a request with 
the board. A supervisor must: 
 
  (1) be a LMSW-ACP or LMSW-AP or hold the equivalent social work license or 
certification in another state; 
   
  (2) take professional responsibility for the social work services provided 
within the supervisory plan; 
   
  (3) be the agency designated supervisor, have completed one graduate course in 
supervision from an accredited college or university, have completed two years 
of experience as a clinical social work supervisor, or have completed a 
supervisor's training course acceptable to the board; and 
   
  (4) currently be engaged in the practice of social work and self- identified 
as a social worker. 
     
  (c) On receipt of the request and verification of qualifications, the board 
will issue a letter of approval to a qualified supervisor. 
   
  (d) A supervisor must maintain the qualifications described in subsection (b) 
of this section while he or she is providing supervision. 
   
  (e) Supervisory sessions may be in one-on-one sessions or in a combination of 
individual and group sessions. 
 
  (1) There can be no more than six individuals in a supervision group. 
   
  (2) Supervision shall consist of no less than 100 hours. 
   
  (3) Supervision shall be spread out over the experience of the supervisee. 
   
  (4) Supervision shall be accomplished in one or two hour blocks not exceeding 
10 hours per month. 
     
  (f) Supervision must be face-to-face meetings between the supervisor and 
supervisee unless the executive director or a committee of the board has granted 
an exception allowing an alternate form of supervision due to geographical 
difficulties or physical disabilities. If an alternate form of supervision is 
approved, limits may be set on the amount of alternate supervision to assure 
sufficient interaction between the supervisor and supervisee. 
   
  (g) Supervision completed before the effective date of this chapter will be 
evaluated on the basis of the rules in effect at the time of the supervision. 
 
     
  sec.781.303. Application. 
 
  (a) An application for licensure must be on the official form designated by 
the board. Application packets which include the application form are available 
on request. 
   
  (b)  The application process begins when the completed application form and 
fee are received in the board office. 
   
  (c) Receipt of an application form will be acknowledged by a letter from the 
executive director within 15 working days of receipt. The letter will include: 
 
  (1) the licensing or recognition category requested; 
   
  (2) deficiencies in documented qualifications, if any; and 
   
  (3) additional documentation necessary for examination approval. This could 
include transcripts, supervisory references and other documents which verify 
qualifications. 
     
  (d) A letter approving the applicant to sit for the examination will be mailed 
within 15 working days of the receipt of all required documentation. 
   
  (e) If an applicant fails to fully document his or her qualifications or fails 
to successfully complete the examination within 12 months of approval of the 
application, the application will be voided and reapplication is required. 
   
  (f) If the applicant passes the examination, the executive director shall mail 
a notice of approval stating the fee for initial licensure. 
   
  (g) On receipt of the license fee in the board office, licensure for LMSW, 
LSW, or SWA will be immediately granted and the license will be mailed to the 
license within 10 working days. No additional fee is required before recognition 
as an ACP or AP is granted. 
   
  (h) In the event an application is not processed in the time periods stated in 
this section, the applicant has the right to request reimbursement of all fees 
paid in that particular application process. Application for reimbursement shall 
be made to the executive director. If the executive director does not agree that 
the time period has been violated or finds that good cause existed for exceeding 
the time period, the request will be denied. The executive director will respond 
to the request for refund within 30 days from the date it is received. Good 
cause for exceeding the time period is considered to exist if the number of 
applications for license or license renewal exceeds by 15% or more the number of 
applications processed in the same calendar quarter the preceding year; another 
public or private entity relied upon by the board in the application process 
caused the delay; or any other condition exists giving the board good cause for 
exceeding the time period. 
   
  (i) If a request for reimbursement under this section is denied by the 
executive director, the applicant may appeal to the chairperson of the board for 
a timely resolution of any dispute arising from a violation of the time periods. 
The applicant shall give written notice to the chairperson at the address of the 
board that he or she requests full reimbursement of all fees paid because his or 
her application was not processed within the applicable time period. The 
executive director shall submit a written report of the facts related to the 
processing of the application and of any good cause for exceeding the applicable 
time period. The chairperson shall provide written notice of the chairperson's 
decision to the applicant and the executive director. An appeal shall be decided 
in the applicant's favor if the applicable time period was exceeded and good 
cause was not established. If the appeal is decided in favor of the applicant, 
full reimbursement of all fees paid in that particular application process shall 
be made. 
   
  (j) The time periods for contested cases related to the denial of a license or 
a license renewal are not included within the time periods in this section. The 
time period for conducting a contested case hearing runs from the date the board 
office mails notice of the proposed denial and ends when the decision of the 
board is final and appealable. A hearing may be completed within six months, but 
may extend for a longer period of time depending on the particular circumstances 
of the hearing. 
 
     
  sec.781.304. Required Documentation of Qualifications for Licensure 
 
  (a) Application form. An applicant for licensure must submit a completed 
official application form made under oath and all requested information. 
   
  (b) Education verification. 
 
  (1) The applicant's education must be documented by official college 
transcripts. Educational requirements must be met by completion of educational 
programs at accredited colleges or universities. 
   
  (2) Degrees for licensure as a LSW or LMSW must be from programs accredited or 
in candidacy for accreditation by CSWE. (Current written verification of a 
program's CSWE candidacy status must be on file with the board.) College or 
university degrees from outside of the United States and its territories must be 
from programs judged by the CSWE to be equivalent to a CSWE accredited program 
in the United States. 
     
  (c) Experience verification. 
 
  (1)  Experience required for licensure as a SWA or for recognition as an ACP 
or AP must meet the requirements of  s781.301 (relating to qualifications for 
licensure). Private, independent practice within the scope of the definition of 
professional social work practice will not be counted as experience in this 
subsection. Required documentation includes: 
 
  (A) names and addresses of supervisors; 
   
  (B) beginning and ending dates of supervision; 
   
  (C) job description; 
   
  (D)  average number of hours of social work activity per week; and 
   
  (E) evaluations from each supervisor. 
     
  (2) Documentation of experience must include verification of the following: 
 
  (A)  administrative authority over the applicant's provision of social work 
services; 
   
  (B) the applicant's compensation for services, if any; and 
   
  (C) the employment status as reflected in all advertising, informational 
material, and written policy. 
     
  (3) The board shall credit part-time experience on a prorated basis. 
   
  (4)  Experience must have been in a position with primary responsibility for 
providing social work services, under the supervision of a qualified supervisor, 
and satisfactorily performed. 
   
  (5) The social work experience required by this chapter for SWA, ACP, or AP 
may be for compensation or as a volunteer. 
   
  (6) The applicant must maintain and upon request, provide to the board 
documentation of employment status, pay vouchers, or supervisory evaluations. 
     
  (d) References. An applicant must list on the official application the names 
and addresses of three individuals familiar with the applicant's professional 
qualifications. The board may contact the references for verification of the 
applicant's qualifications and fitness. 
 
     
  sec.781.305. Fitness of Applicants for Licensure.  In determining the fitness 
of an applicant, the board shall consider the following: 
 
  (1) the skills and abilities of an applicant to provide adequate social work 
services to clients; 
   
  (2) the ethical behavior of an applicant in relationships with other 
professionals and clients; and 
   
  (3) the applicant's worthiness of public trust and confidence. The board may 
consider a person, who has committed any act that would have been a violation of 
the Act or this chapter had the person been licensed at the time the act was 
committed, as unworthy of public trust and confidence. 
 
     
  sec.781.306. Materials Considered in Determination of Fitness of Applicants. 
In determining the fitness of applicants, the board shall consider the 
following: 
 
  (1) evaluations of supervisors or instructors; 
   
  (2) statements from persons submitting references for the applicant; 
   
  (3) evaluations of employers and/or professional associations; 
   
  (4) allegations of clients; 
   
  (5) transcripts or findings from official court, hearing, or investigative 
proceedings; and 
   
  (6) any other information which the board considers pertinent to determining 
the fitness of an applicant. 
 
     
  sec.781.307. Finding of Non-Fitness. The substantiation of any of the 
following items related to an applicant may be, as the board determines, the 
basis for the denial of a license or recognition: 
 
  (1) lack of the necessary skills and abilities to provide adequate social work 
services; 
   
  (2) any misrepresentation in the application or other materials submitted to 
the board; 
   
  (3) the violation of any provision of the Act in effect at the time of 
application which is applicable to an unlicensed person; or 
   
  (4) the violation of any provision of the code of ethics or standards of 
practice which would have applied if the applicant had been a licensee at the 
time of the violation. 
 
     
  sec.781.308. Provisional Licenses. 
 
  (a) The board may grant a provisional license as a LMSW, LSW, or SWA to a 
person who holds, at the time of application, a license or certificate as a 
social worker or social work associate issued by another state, the District of 
Columbia, or a territory of the United States that is acceptable to the board. 
An applicant for a provisional license must: 
 
  (1) submit a written request for a provisional license along with a completed 
application; 
   
  (2) be licensed in good standing as a social worker or social work associate 
in another state, the District of Columbia, or territory of the United States 
that has licensing requirements that are substantially equivalent to the regular 
licensing requirements of the Act; 
   
  (3) have passed an examination accepted by another state, District of 
Columbia, or territory for licensure or certification as a social worker; and 
   
  (4) be sponsored by a person who holds a license issued by the board with whom 
the provisional licensee may practice. 
     
  (b) An applicant for a provisional license may be excused from the requirement 
of subsection (a)(4) of this section if the board determines that compliance 
with that subsection constitutes a hardship to the applicant. 
   
  (c) The provisional licensee shall use the appropriate licensing title or 
initials followed by the word "provisional." 
   
  (d) The provisional license shall be issued for the same category or level of 
license or certificate as the applicant held in the other state, District of 
Columbia, or territory of the United States. 
   
  (e) The board must complete the processing of a provisional licensee's 
application for a regular license not later than the 180th day after the date 
the provisional license is issued or at the time licenses are issued following 
the successful completion of the examination, whichever is later. The person 
holding a provisional license must file all evidence of his or her academic and 
experience requirements within this time period. The board office shall evaluate 
the information received and may issue a deficiency letter during this period. 
If the documentation received during this period does not show that the person 
meets the education and experience requirements set out in this chapter, the 
application shall be proposed for denial. 
   
  (f) A provisional license is valid until the date the board issues a license 
or denies the provisional licensee's application for a license. 
   
  (g) The board shall issue a regular license to the holder of a provisional 
license if: 
 
  (1) the provisional licensee passes the examination required by sec.50.014 of 
the Act; and 
   
  (2) the board verifies that the provisional licensee has the education and 
experience requirements for a regular license. 
     
  (h) The board shall consider only states, the District of Columbia, and 
territories of the United States as acceptable for the purposes of licensure by 
endorsement. 
   
  (i) The provisional license automatically expires at the end of six months or 
on official receipt of the applicant's score on the designated examination, 
whichever is later. 
   
  (j) The board may waive any licensure requirement for an applicant with a 
valid certificate or license from another state with which the board has a 
reciprocity agreement. 
 
     
  sec.781.309. Temporary License. 
 
  (a) Prior to examination, an applicant for licensure may obtain a temporary 
license as a LMSW, LSW, or SWA as long as the applicant meets all the 
requirements, with the exception of the examination, for the level of license 
sought. 
 
  (1) A person holding a temporary license must take the designated examination 
within six months of issuance of the license. 
   
  (2) The temporary license is valid until the results of the first qualifying 
examination are made available (i.e. the first examination taken by the 
temporary licensee or the end of the six months from issuance of the license if 
the examination is not taken, whichever is earlier). 
     
  (b) A person may receive a maximum of two temporary licenses at a certain 
level of license. 
   
  (c) A person who failed the examination and is without a valid temporary 
license may still retake the examination under sec.781.310(b) (relating to 
Examination Requirement). 
 
     
  sec.781.310. Examination Requirement. 
 
  (a) An applicant for licensure or recognition must pass an examination 
designated by the board. 
   
  (b) If an applicant fails the examination, he or she may retake the 
examination no more than twice in a 12-month period. Such an applicant must 
petition the board to retake the examination. The board may order the applicant 
to complete one or more social work educational courses as a prerequisite to 
retaking the examination. If a petition is granted, the application does not 
expire under sec.781.303(e) of this title (relating to Application) until the 
applicant retakes the examination as stated in the granted petition. 
 
     
  sec.781.311. Alternate Method of Examining Competency. 
 
  (a)  An applicant who has failed the examination on two or more occasions by 
less than 10 points may submit a written petition to the board for a probated 
license as a SWA, LSW, or LMSW. The petition must include but is not limited to 
the following: 
 
  (1) evidence of the applicant's professional competency including but not 
limited to: 
 
  (A) college transcripts; 
   
  (B) work history; and 
   
  (C)  statements of professional colleagues; 
     
  (2) a statement of the practice setting in which the applicant proposes to 
work; and 
   
  (3) a statement from a licensed social worker which documents his or her 
qualifications as a supervisor and indicates his or her willingness to take 
professional responsibility for the applicant during the probationary period. 
     
  (b) The board will consider the interest of the public in its review of the 
petition and will issue its decision in writing. 
   
  (c)  The written decision will include the following: 
 
  (1) a statement of the reason(s) the petition for a probated license is 
denied; or 
   
  (2) the terms of probation under which the license is granted. 
     
  (d) The board may grant a regular license to an applicant who successfully 
completes the terms of probation to the satisfaction of the board. 
 
     
  sec.781.312. Issuance of Licenses. 
 
  (a) The board issues licenses indicating the professional social work title, 
whether SWA, LSW, LMSW, LMSW-AP or LMSW-ACP, granted to applicants who have met 
all of the qualifications established by the board. 
   
  (b) The license title or its initials must be included in all professional 
uses of the licensee's name as required by sec.50.011 of the Act. 
   
  (c) A licensee shall display the license issued by the board in a prominent 
place in all locations of practice. 
   
  (d) A copy of the code of ethics listed in sec.781.401 of this title (relating 
to Code of Ethics) is issued with the license. The copy of the code of ethics 
also includes information regarding the client complaint process. The copy of 
the code of ethics must be displayed in all locations of practice. 
   
  (e) The board will send copies of its client information brochure to each 
LMSW-ACP or LMSW-AP. These brochures must be made available to all clients by 
the licensee. 
 
     
  sec.781.313. Application Denial. 
 
  (a) The board shall deny an application if all of the requirements for 
licensure or recognition are not met. An applicant shall be notified when the 
license or recognition is proposed for denial. 
   
  (b) A person whose application for licensure or recognition is denied is 
entitled to a formal hearing as set out in Subchapter G of this chapter 
(relating to Formal Hearings). 
 
     
  sec.781.315. Surrender of License. 
 
  (a) Surrender by licensee. 
   
  (l) A licensee may at anytime voluntarily offer to surrender his or her 
license for any reason, without compulsion. 
 
  (2)  The licensee may be delivered to the board office by hand or certified 
mail. 
   
  (3) If there is no complaint pending, the board office may accept the 
surrender and void the license. 
     
  (b) Formal disciplinary action. 
   
  (l) When a licensee has offered the surrender of his or her license after a 
complaint has been filed, the board shall consider whether to accept the 
surrender of the license. 
 
  (2) When the board has accepted such a surrender, the surrender is deemed to 
be the result of a formal disciplinary action and a board order shall be 
prepared accepting the surrender. 
   
  (3) In order to accept a surrender, the board may require the licensee to 
agree to certain findings of fact and conclusions of law, including the making 
of an admission of a violation of the Act or this chapter. 
   
  (4) Surrender of a license without acceptance thereof by the board or a 
licensee's failure to renew the license shall not deprive the board of 
jurisdiction against the licensee under the Act or any other statute. 
     
  (c) Reinstatement. A license which has been surrendered and accepted may not 
be reinstated; however, a person may apply for a new license in accordance with 
the Act and this chapter. 
       
  Issued in Austin, Texas, on July 11, 1994. 
 TRD-9443783 
  Catherine Clancy 
 Chairperson 
 Texas State Board of Social Worker Examiners 
    Effective date: July 31, 1994 
 Expiration date: November 28, 1994 
 For further information, please call: (512) 719-3521 
         
     
  Administrative Actions 
 
  22 TAC sec.sec.781.401-781.410 
 
  The repeals are adopted on an emergency basis in order to meet requirements of 
the Texas Professional Social Work Act, Human Resource Code, Chapter 50, as 
amended by Senate Bill 1426, 73rd Legislature, 1993, and became effective 
September l, 1993. The repeal is necessary to prevent conflict between the new 
law and the existing rules and to implement new requirements of the law, 
including the organization of a governor-appointed board and the transfer of 
administrative assistance to the Texas Department of Health. 
 
 
  sec.781.401. Issuance of Certificates. 
 
   
  sec.781.402. Application Denial. 
 
   
  sec.781.403. Use of a Title Without Certification. 
 
   
  sec.781.404. Complaint Procedures. 
 
   
  sec.781.405. Disciplinary Action. 
 
   
  sec.781.406. Notification of Intent to Discipline. 
 
   
  sec.781.407. Probation. 
 
   
  sec.781.408. Procedures for Establishing Proof of Rehabilitation. 
 
   
  sec.781.409. Administrative Review. 
 
   
  sec.781.410. Appeals. 
     
  Issued in Austin, Texas, on July 11, 1994. 
 TRD-9443782 
  Catherine Clancy 
 Chairperson 
 Texas State Board of Social Worker Examiners 
    Effective date: July 31, 1994 
 Expiration date: November 28, 1994 
 For further information, please call: (512) 719-3521 
         
         
  Subchapter E. License Renewal and Continuing Education 
 
  22 TAC sec.sec.781.501-781.514 
 
  The new sections are adopted on an emergency basis in order to meet 
requirements of the Texas Professional Social Work Act, Human Resource Code, 
Chapter 50, as amended by Senate Bill 1426, 73rd Legislature, 1993, and became 
effective September l, 1993. The new sections are necessary to prevent conflict 
between the new law and the existing rules and to implement new requirements of 
the law, including the organization of a governor-appointed board and the 
transfer of administrative assistance to the Texas Department of Health. 
 
 
  sec.781.501. General. 
 
  (a) A regular license must be renewed annually. 
   
  (b) A person who holds a regular license must have fulfilled any continuing 
education requirements prescribed by this chapter in order to renew a license. 
   
  (c) Each person who holds a regular license is responsible for renewing the 
license and shall not be excused from paying penalty fees for late renewal. 
Failure to receive notice from the board does not waive payment of penalty fees. 
   
  (d) The board may deny the renewal of the license of a licensee who is in 
violation of the Act or this chapter at the time of application for renewal. 
   
  (e) A person whose license has expired shall not use the terms or titles 
described in the Act, sec.50.010(a). The person shall return his or her license 
to the board. 
   
  (f) The deadlines established for renewals, late renewals, and penalty fees 
are based on the postmarked date of the documentation submitted by the licensee. 
   
  (g) The board shall deny renewal if required by the Education Code, sec.57.491 
(relating to Defaults on Guaranteed Student Loans). 
 
     
  sec.781.502. Staggered Renewals. <ol> The board shall use a staggered system 
for license renewals. 
 
  (1) The renewal date of a license shall be the last day of the licensee's 
birth month. 
   
  (2)  License fees will be prorated if the licensee's initial renewal date as 
determined by the board occurs less than 12 months after the original date of 
licensure. 
   
  (3) Prorated fees shall be rounded off to the nearest dollar. 
 
     
  sec.781.503. License Renewal. 
 
  (a) At least 30 days prior to the expiration of a regular license, the board 
will send notice to a licensee that includes the expiration date of the license, 
a schedule of the renewal and penalty fees, and the number of credit hours of 
continuing education needed to complete the renewal requirements. 
   
  (b) A license renewal form shall be furnished to licensees eligible for 
renewal. The form shall require the licensee to provide current addresses; 
telephone numbers; a listing of the continuing education completed; a signed 
statement regarding any civil lawsuits, criminal cases and convictions or any 
complaints against, investigations involving, or actions against the licensee by 
any licensing or certification body related to health or mental health care 
services; and a statement of continuing compliance with the Act and this 
chapter. 
   
  (c)  The executive director will respond in writing to the application for 
renewal within 15 working days of initial receipt and of receipt of a completed 
application (if the initial application is deficient) notifying the applicant 
that his or her license is renewed, that the application is deficient, or that 
renewal is proposed for denial. Failure to process a renewal application in the 
time periods stated shall be governed by  s781. 303(h)-(j) of this title 
(relating to Application). 
   
  (d) The board shall not renew a license until it receives the completed 
license renewal form and the renewal fee and the licensee has complied with 
applicable continuing education requirements. 
   
  (e) The board shall mail a new license to a licensee who has met all 
requirements for renewal. 
   
  (f) If a licensee has made timely and sufficient application for renewal, the 
license does not expire until the board has acted on the renewal. 
   
  (g) The board shall deny the renewal of a license if the licensee is a party 
to a formal disciplinary action. A formal action commences when the notice 
described in sec.781.602(c) of this title (relating to Disciplinary Action; 
Notices) is mailed by the board. 
 
  (1) A license that is not revoked or suspended as a result of formal 
proceedings shall be renewed provided that all other requirements are met. 
   
  (2) In the case of delay in the license renewal process because of formal 
disciplinary action, penalty fees shall not apply. 
 
       
  sec.781.504. Late Renewal. 
 
  (a) A person who fails to meet all the requirements to renew his or her 
license by the renewal date ceases to be licensed and may not violate the Act, 
sec.50.010. 
   
  (b) A person who renews a license after the expiration date but on or before 
90 days after the expiration date shall pay the renewal fee and appropriate 
penalty fees. 
   
  (c) If a person has not renewed a license for more than 30 days after the date 
of expiration, the board shall inform the person of the expiration date of the 
license and the amount of the fee required for renewal. 
   
  (d)  The board shall notify a person whose license is expired that the person 
may not violate the Act, sec.50.010. 
   
  (e) A person whose license was not renewed on or before 90 days from the 
expiration date may renew within one year of the expiration date by paying the 
appropriate renewal and penalty fees. 
   
  (f) If a person did not have the required continuing education at the time of 
expiration of the license, the person shall file evidence of completion of the 
required continuing education before the license can be renewed. 
 
  (1) The continuing education may have been earned during the continuing 
education period or within the one-year period following expiration. 
   
  (2) The evidence of continuing education shall be the completed continuing 
education form and other documentation required by the board. 
     
  (g) On or after one year from the expiration date, a person may no longer 
renew the license and must reapply by submitting a new application, paying the 
required fees, and meeting the current requirements for the license including 
passing the licensure examination. 
 
     
  sec.781.505. Inactive Status. 
 
  (a) A licensee with a current license and who is in good standing, but who is 
not employed to provide social work services in Texas, is eligible for inactive 
status. The request for inactive status must be submitted in writing to the 
board prior to the expiration of the license. 
   
  (b) No continuing education is required of a licensee while on inactive 
status. 
   
  (c) The inactive status fee must be paid on or before the expiration date of 
the license, instead of the renewal fee. 
   
  (d) A person must notify the board in writing to reactivate their status. 
Reactivation status shall begin on the first day of the month following payment 
of the reactivation status fee. The license fee shall be prorated to the next 
renewal date in accordance with sec.781.502 of this title (relating to Staggered 
Renewals). 
 
     
  sec.781.506. Emeritus Status. 
 
  (a) A licensee who is at least 55 years of age or disabled and who is not 
engaged in professional social work practice is eligible for an emeritus 
license. The request for emeritus status must be submitted in writing to the 
board. 
   
  (b) On receipt of the request the board will issue an emeritus license that 
will remain valid for the lifetime of the licensee. No renewal fee or continuing 
education will be required. 
   
  (c) The emeritus licensee may only use his or her emeritus title in the 
provision of social work services as a volunteer. The emeritus social worker may 
not receive any compensation for social work services. 
   
  (d) An emeritus license can be reinstated as a regular license within one year 
of the date the emeritus license was issued by following the same procedures for 
late renewal of a license. To be eligible for a new license after one year, the 
person would be required to apply for another license by meeting requirements in 
effect at the time of the application, including passing the examination. 
 
     
  sec.781.507. Active Military Duty. 
 
  (a) A licensee who is on active duty with the armed forces of the United 
States serving outside of the State of Texas at the time of renewal is exempt 
from the renewal requirement and may, within one year of his or her return to 
Texas or release from active duty, whichever occurs first, request reinstatement 
of his or her license. 
   
  (b) The board will issue a license on receipt of the request for 
reinstatement, documentation of his or her active duty status at the time the 
license expired, and the fee for the current license. No continuing education 
will be required prior to reinstatement and no penalty fees will be charged. 
 
     
  sec.781.508. Hour Requirements for Continuing Education.  A licensee must 
complete 15 credit hours (1.5 continuing education units (CEU)) of continuing 
education acceptable to the board in the year preceding his or her license 
renewal date. In this subchapter "credit hours" will mean continuing education 
acceptable to the board. 
 
   
  sec.781.509. Types of Acceptable Continuing Education.  Continuing education 
undertaken by a licensee shall be acceptable to the board as credit hours if the 
education falls in one or more of the following categories: 
 
  (1) participating in institutes, seminars, workshops, conferences, independent 
study programs, post graduate training programs, college academic or continuing 
education courses which are related to or enhance the practice of social work 
and are offered, sponsored or approved by an approved provider. Approved 
providers are: 
 
  (A)  accredited colleges and universities; 
   
  (B) a national or statewide association or organization representing members 
of the social work profession; 
   
  (C) a person, agency or entity who is approved as a provider in accordance 
with sec.781.511 of this title (relating to Approval of Continuing Education 
Sponsor); 
   
  (D) a person, agency or entity who is approved by a state professional 
licensing or certification board as a continuing education sponsor or provider 
as stated in sec.781.512 of this title (relating to Acceptance of Continuing 
Education Approved by Another Licensing Board). 
   
  (E) nationally accredited health or mental health facilities; 
     
  (2) teaching or presenting the activities described in paragraph (1) of this 
section; 
   
  (3) writing a published work or making a presentation directed toward or 
applicable to the profession of social work; or 
   
  (4) providing professional guidance as a field instructor for social work 
interns in connection with a college or university accredited by or in candidacy 
status with CSWE. 
 
     
  sec.781.510. Activities Unacceptable as Continuing Education.  <ol> The board 
will not give credit hours for: 
 
  (1) education incidental to the regular professional activities of a social 
worker such as learning occurring from experience or research; 
   
  (2) organizational activity such as serving on committees or councils or as an 
officer in a professional organization; 
   
  (3) meetings and activities such as in service programs which are required as 
a part of one's job unless the in service training is a type of acceptable 
continuing education under  s781.509 of this title (relating to Types of 
Acceptable Continuing Education); 
   
  (4) college academic courses which are audited or not taken for credit; or 
   
  (5) any experience which does not fit the types of acceptable continuing 
education in sec.781.509 of this title. 
 
     
  sec.781.511. Approval of Continuing Education Sponsor. 
 
  (a) A sponsor is an individual or any type of legal entity which has been 
approved under this section to offer or sponsor continuing education programs. 
   
  (b) A person seeking approval as a continuing education sponsor shall file an 
application on board forms and include the continuing education sponsor 
application fee. Governmental agencies shall be exempt from paying this fee. 
   
  (c) The applicant shall certify on the application that: 
 
  (1) all programs offered by the sponsor for credit hours from the board will 
comply with the criteria in this section; and 
   
  (2) the sponsor will be responsible for verifying attendance at each program 
and provide a certificate of attendance as set forth in subsection (j) of this 
section. 
     
  (d) A program offered by a sponsor for credit hours (CEU) from the board 
shall: 
 
  (1) contribute to the advancement, extension and enhancement of the 
professional skills and knowledge of the licensee in the practice of social 
work; 
   
  (2) be developed and presented by persons with education and/or experience in 
the subject matter of the program; 
   
  (3) specify the course objectives, course content and teaching methods to be 
used; and 
   
  (4) specify the number of credit hours. 
     
  (e) The sponsor must document each program's compliance with sec.781. 511(d) 
of this title (relating to Approval of Continuing Education Sponsor) and 
maintain that documentation for a period of two years. 
   
  (f) The executive director will review the continuing education sponsor 
application and notify the applicant of any deficiencies or grant approval and 
indicate the continuing education sponsor approval number to be noted on all 
certificates of attendance. 
   
  (g) Each continuing education program shall provide a mechanism for evaluation 
of the program by the participants. The evaluation may be completed on-site 
immediately following the program presentation or an evaluation questionnaire 
may be distributed to participants to be completed and returned to the sponsor 
by mail. The sponsor and the instructor, together, shall review the evaluation 
outcomes and revise subsequent programs accordingly. The sponsor shall keep all 
evaluations for two years and allow the board to review the evaluations on 
request. 
   
  (h)  An approved sponsor may subcontract with individuals or organizations to 
provide continuing education programs. The sponsor must insure that the 
subcontractor meets all requirements of this section. 
   
  (i) To maintain approval as a sponsor, each sponsor shall submit to the board 
annually an application and a continuing education approval application fee. 
   
  (j) It shall be the responsibility of a sponsor to provide each participant in 
a program with a certificate of attendance. The certificate of attendance shall 
contain: 
 
  (1) the name of the sponsor and approval number; 
   
  (2) the name of the participant; 
   
  (3) the title of the program; 
   
  (4) the number of credit hours given; 
   
  (5)  the date and place of the program; and 
   
  (6) the signature of the sponsor or its representative. 
     
  (k) The sponsor shall maintain attendance records for not less than three 
years. 
   
  (l) The sponsor shall be responsible for assuring that no licensee receives 
continuing education credit for time not actually spent attending the program. 
   
  (m)  Upon the failure of a sponsor to comply with any of the requirements of 
this section, the board, after notice to the sponsor and a due process hearing, 
may revoke the sponsor's approval status. 
   
  (n) The board may evaluate any approved sponsor or applicant at any time to 
ensure compliance with requirements of this section. 
   
  (o) Complaints regarding continuing education programs offered by approved 
providers may be submitted in writing to the executive director. 
 
     
  sec.781.512. Acceptance of Continuing Education Approved by Another Licensing 
Board. 
 
  (a) A person, agency or entity approved by another state professional 
licensing or certification board may request authorization to advertize its 
program(s) as accepted for credit hours by the board. The person, agency or 
entity shall submit documentation of that board's approval, a statement of the 
relevance of the program(s) to social work practice and the continuing education 
sponsor application fee. 
   
  (b) The executive director will review the documentation and notify the 
approved provider in writing whether the program(s) are acceptable as credit 
hours and of the approved provider number, if acceptable. 
 
     
  sec.781.513. Credit Hours Granted. The board will grant the following credit 
hours toward the continuing education requirements for license renewal. 
 
  (1) One credit hour (0.1 CEU) will be given for each hour of participation in 
a continuing education program by an approved provider. 
   
  (2) Credit may be earned through successful completion of postgraduate 
training programs (e.g., intern, residency, or fellowship programs) or 
successful completion of social work-related courses which are part of the 
curriculum of a college, university or graduate school of social work at a rate 
of 5 credit hours (0.5 CEU) per each semester hour or its equivalent. 
   
  (3) Credit may be earned for verified teaching in a college, university or 
graduate school of social work or as an instructor of a continuing education 
program given by an approved provider. Credit will be applied at the rate of 5 
credit hours (0.5 CEU) for every course taught, not to exceed 10 hours (1.0 CEU) 
per renewal period. 
   
  (4) A field instructor for a social work intern will be granted 5 credit hours 
(0.5 CEU) for each college semester completed, not to exceed 10 credit hours 
(1.0 CEU) per renewal period. 
   
  (5) A presenter or author of a published work which imparts social work 
knowledge and skills may be granted 5 credit hours (0.5 CEU) for each original 
or substantially revised presentation or publication, not to exceed 10 credit 
hours (1.0 CEU) per renewal period. 
   
  (6) Credit hours may be earned by successful completion of an independent 
study program directly related to social work offered or approved by an approved 
provider. No more that 10 credit hours (1.0 CEU) for independent study programs 
will be accepted per renewal period. 
   
  (7)  A licensee may carry over to the next renewal period up to 5 credit hours 
(0.5 CEU) earned in excess of the continuing education renewal requirements. 
 
     
  sec.781.514. Continuing Education Documentation. 
 
  (a) Credit hours must be listed on the license renewal form supplied by the 
board. Failure to submit the form or failure to complete the required continuing 
education is grounds for denial of the application for license renewal. 
   
  (b) A random sample of renewal applications will be selected for review. 
 
  (1) A licensee who is selected for review will be notified by mail and 
required to submit acceptable documentation of the continuing education listed 
on the continuing education report form. Acceptable documentation includes the 
following: 
 
  (A) copies of continuing education certificates of attendance or other form of 
verification from the provider of the continuing education program; 
   
  (B) grade reports or transcripts verifying the completion of a college course; 
   
  (C)  letters from the dean or department head or his or her authorized 
representative verifying the teaching or field instructor assignment; 
   
  (D) letters from the program sponsor verifying participation as a presenter in 
a continuing education program or a copy of the program; or 
   
  (E) copies of continuing education programs and other documentation as 
necessary to establish the relevance of its content to social work practice for 
any continuing education program which does not have an approved provider 
number. 
     
  (2) All forms of verification must include the subject, date(s), credit hours 
given and if applicable, name of the sponsor and sponsor approval number. 
         
  Issued in Austin, Texas, on July 11, 1994. 
 TRD-9443781 
  Catherine Clancy 
 Chairperson 
 Texas State Board of Social Worker Examiners 
    Effective date: July 31, 1994 
 Expiration date: November 28, 1994 
 For further information, please call: (512) 719-3521 
         
       
  Subchapter F. Complaints and Violations 
 
  22 TAC sec.sec.781.601-781.608 
 
  The new sections are adopted on an emergency basis in order to meet 
requirements of the Texas Professional Social Work Act, Human Resource Code, 
Chapter 50, as amended by Senate Bill 1426, 73rd Legislature, 1993, and became 
effective September 1, 1993. The new sections are necessary to prevent conflict 
between the new law and the existing rules and to implement new requirements of 
the law, including the organization of a governor-appointed board and the 
transfer of administrative assistance to the Texas Department of Health. 
 
 
  sec.781.601. Purpose.  The purpose of this subchapter is to set out grounds 
for denial of an application or discipline of a licensee and the procedures for 
reporting alleged violations of the Act or this chapter. 
 
   
  sec.781.602. Disciplinary Action; Notices. 
 
  (a) The board shall revoke, suspend, or deny a license or order of 
recognition, place on probation a person whose license or order of recognition 
has been suspended, or reprimand a person with a license or order of recognition 
for any of the following reasons: 
 
  (1) violation of any provision of the Act; 
   
  (2) violation of any rule adopted by the board; 
   
  (3)  failure to cooperate in the investigation of a complaint filed under the 
provisions of this chapter; 
   
  (4) physically or mentally incompetency to perform social work services as 
determined by the board; 
   
  (5) provision of false or misleading information to the board regarding his or 
her qualifications for licensure or renewal or to an inquiry by the board; or 
   
  (6) any of the grounds described in the Act, sec.50.021(a). 
     
  (b) Prior to institution of formal proceedings to revoke or suspend a license 
or recognition, the board shall give written notice to the licensee by personal 
service or certified mail, return receipt requested, of the facts or conduct 
alleged to warrant revocation or suspension; and the licensee shall be given the 
opportunity, as described in the notice, to show compliance with all 
requirements of the Act and this chapter. 
   
  (c) If denial, revocation, probation or suspension of a license or recognition 
is proposed, the board shall give written notice by certified mail, return 
receipt requested; regular mail; or personal delivery of the basis for the 
proposal and that the licensee or applicant must request, in writing, a formal 
hearing within 10 days of receipt of the notice, or the right to a hearing shall 
be waived and the license or recognition shall be denied, revoked, suspended, or 
probated. 
   
  (d) Receipt of a notice under subsection (b) or (c) of this section is 
presumed to occur on the tenth day after the notice is mailed to the last 
address known to the board unless another date is reflected on a United States 
Postal Service return receipt or other official receipt. 
   
  (e) No notice or hearing is required for the board to issue a reprimand other 
than notice to the licensee of the board meeting where the reprimand will be 
considered. 
 
     
  sec.781.603. Complaint Procedures. 
 
  (a) A person wishing to report an alleged violation of the Act or this chapter 
by a licensee or other person shall notify the executive director. The initial 
notification may be in writing, by telephone, or by personal visit to the board 
office. 
   
  (b)  The executive director will be responsible for the receipt and processing 
of complaints. The executive director will maintain a log of the receipt, 
investigation and disposition of all complaints. The board chairperson will 
appoint a complaints committee to work with the executive director. 
   
  (c) On receipt of a complaint, the executive director shall send an 
acknowledgement letter to the complainant, a copy of applicable rules, and an 
official form which the complainant must complete and return to the board before 
further action can be taken. The form must be signed under oath. The executive 
director may accept an anonymous complaint if there is sufficient information 
for the investigation; however, the executive director shall then complete a 
complaint form under oath. 
   
  (d) Within 15 days of the receipt of the official forms, the executive 
director shall review the complaint to assure that there is sufficient 
information to initiate an investigation and that the allegations contained in 
the complaint fall within the board's jurisdiction. 
 
  (1) If the allegations do not fall within the board's jurisdiction, the 
executive director shall refer the complaint to the complaints committee. Based 
on its review of the complaint, the complaint committee may instruct the 
executive director to: 
 
  (A) close the complaint with a letter to the complainant explaining why the 
complaint is not within the board's jurisdiction; or 
   
  (B)  advise the complainant of the additional information necessary to 
initiate an investigation. 
     
  (2) If the allegations in the complaint are within the board's jurisdiction 
and sufficient for investigation, the executive director shall: 
 
  (A) evaluate the threat to public health and safety documented by the 
complaint; 
   
  (B) establish an appropriate plan and schedule for its investigation to be 
noted in the complaint log; 
   
  (C) apprise all parties to the complaint of the schedule for the investigation 
and notify parties within seven days of changes in the schedule; and 
   
  (D) report the status of all continuing investigations to the complainant and 
the licensee or applicant every 90 days. 
       
  (e) The executive director will inform the board if the services of a private 
investigator are needed for the timely completion of a complaint investigation 
or for any other reason. 
   
  (f) The subject of the complaint will be notified of the allegations either in 
writing, by phone or in person by the executive director or the investigator 
assigned to the case and will be required to provided a sworn response to the 
allegations within two weeks of that notice. Failure to respond to the 
allegations within the two week period is evidence of failure to cooperate with 
the investigation and subject to disciplinary action. 
   
  (g) The complaints committee will review the complaint log to ensure that: 
 
  (1) complaint investigations are being handled in a timely manner; 
   
  (2)  complaints are not dismissed without appropriate consideration; 
   
  (3) a person who files a complaint has an opportunity to explain the 
allegations made in the complaint; and 
   
  (4) any issues related to complaints which arise under the Act or this chapter 
are resolved. 
     
  (h)  The complaints committee shall determine whether a violation exists and 
whether to dismiss the complaint as unsubstantiated or to consider appropriate 
disciplinary action. 
   
  (i) If a violation is found but it does not seriously affect the health and 
safety of clients or other persons, the committee may resolve the complaint by 
informal methods such as a cease and desist order or an informal agreement with 
the violator to correct the violation. 
   
  (j) If the complaint is not resolved by the committee, the committee may 
recommend that disciplinary action be taken or that other appropriate action as 
authorized by law be taken, including injunctive relief or civil penalties. 
Action may be taken based on the allegations in the complaint or any violations 
found during investigation. 
 
     
  sec.781.604. Licensing of Persons With Criminal Backgrounds. 
 
  (a) The board may take action against a licensee or deny a license pursuant to 
Texas Civil Statutes, Articles 6252-13c and 6252-13d relating to felony or 
misdemeanor convictions or the Act, sec.50.021(a)(11) relating to felony 
convictions. 
   
  (b) The following felonies and misdemeanors relate to licensure as a social 
worker because these criminal offenses indicate an inability or a tendency to be 
unable to perform as a social worker: 
 
  (1) a violation of the Act; 
   
  (2) an offense involving moral turpitude; 
   
  (3) failure to report child abuse or neglect; 
   
  (4) a misdemeanor involving deceptive business practices; 
   
  (5) the offense of assault or sexual assault; 
   
  (6) the felony offense of insurance claim fraud; or 
   
  (7)  any other misdemeanor or felony which would indicate an inability or a 
tendency to be unable to perform as a social worker. 
 
       
  sec.781.605. Suspension, Revocation, or Nonrenewal. 
 
  (a) If the board suspends a license or recognition, the suspension shall 
remain in effect for the period of time stated in the order or until the board 
determines that the reason for the suspension no longer exists. 
   
  (b)  If a suspension overlaps a license renewal date, the suspended licensee 
shall comply with the renewal procedures in this chapter; however, the 
suspension shall remain in effect pursuant to subsection (a) of this section. 
   
  (c) Upon revocation, suspension or nonrenewal of a license, a licensee shall 
return his or her license to the board. 
 
     
  sec.781.606. Informal Disposition. 
 
  (a) Informal disposition of any complaint or contested case involving a 
licensee or an applicant for licensure may be made through an informal 
settlement conference held to determine whether an agreed settlement order may 
be approved. 
   
  (b) If the executive director or the complaints committee determines that the 
public interest might be served by attempting to resolve a complaint or 
contested case with an agreed order in lieu of a formal hearing, the provisions 
of this section shall apply to any settlement conferences. A licensee or 
applicant may request an informal settlement conference; however, the decision 
to hold a conference shall be made by the executive director or the complaints 
committee. 
   
  (c) An informal conference shall be voluntary and shall not be a prerequisite 
to a formal hearing. 
   
  (d)  The executive director shall decide upon the time, date and place of the 
settlement conference, and provide written notice to the licensee or applicant 
of the same. Notice shall be provided no less than 10 days prior to the date of 
the conference. The licensee or applicant may waive the 10-day notice 
requirement. 
 
  (1) The notice shall inform the licensee or applicant: 
 
  (A) of the nature of the alleged violation; 
   
  (B) that he or she may be represented by legal counsel; 
   
  (C) that he or she may offer the testimony of witnesses and present other 
evidence as may be appropriate; 
   
  (D) that complaint committee members may be present; 
   
  (E) that the board's legal counsel or a representative of the Office of the 
Attorney General will be present; 
   
  (F) that attendance and participation in the conference is voluntary; 
   
  (G) that the complainant and any client involved in the alleged violations may 
be present; and 
   
  (H)  that the settlement conference shall be cancelled if the licensee or 
applicant notifies the executive director that he or she or his or her legal 
counsel will not attend. 
     
  (2) The notice of the settlement conference shall also contain a copy of the 
board's rules concerning informal disposition. 
     
  (e) A notice of the settlement conference shall be sent by certified mail, 
return receipt requested, to the complainant at his or her last known address or 
personally delivered to the complainant and shall inform the complainant that he 
or she may appear and testify or may submit a written statement for 
consideration at the settlement conference. The complainant shall be notified if 
the conference is canceled. 
   
  (f)  The settlement conference shall be informal and shall not follow the 
procedures established in this chapter for contested cases and formal hearings. 
   
  (g) The licensee, the licensee's attorney, committee members, and the board 
may question witnesses, make relevant statements, present statements of persons 
not in attendance, and present such other evidence as may be appropriate. 
   
  (h) The board's legal counsel or an attorney from the Office of the Attorney 
General shall attend each settlement conference. 
   
  (i) Access to the board's investigative file may be prohibited or limited in 
accordance with the Open Records Act, Government Code, Chapter 552 and the 
Administration Procedure Act (APA). 
   
  (j) At the discretion of the executive director or the committee members, a 
tape recording may be made of none or all of the settlement conference. 
   
  (k) The committee members or the executive director shall exclude from the 
settlement conference all persons except witnesses during their testimony, the 
licensee, the licensee's attorney, board staff, and the board's attorney. 
   
  (l)  The complainant shall not be considered a party in the settlement 
conference but shall be given the opportunity to be heard if the complainant 
attends. Any written statement submitted by the complainant shall be reviewed at 
the conference. 
   
  (m) At the conclusion of the settlement conference, the committee members or 
executive director may make recommendations for informal disposition of the 
complaint or contested case. The recommendations may include any disciplinary 
action authorized by the Act. The committee members may also conclude that the 
board lacks jurisdiction, conclude that a violation of the Act or this chapter 
has not been established, order that the investigation be closed, or refer the 
matter for further investigation. 
   
  (n) The licensee or applicant may either accept or reject at the conference 
the settlement recommendations. 
 
  (1) If the recommendations are accepted, an agreed settlement order shall be 
prepared by the board office or the board's legal counsel and forwarded to the 
licensee or applicant. The order shall contain agreed findings of fact and 
conclusions of law. 
   
  (2) The licensee or applicant shall execute the order and return the signed 
order to the board office within ten days of his or her receipt of the order. 
   
  (3) If the licensee or applicant signs and accepts the recommendations, the 
agreed order shall be submitted to the entire board for its approval. Placement 
of the agreed order on the board agenda shall constitute only a recommendation 
for approval by the board. 
   
  (4) If the licensee or applicant fails to return the signed order within the 
stated time period, the inaction shall constitute rejection of the settlement 
recommendations. 
   
  (5) If the licensee or applicant rejects the proposed settlement, the matter 
shall be referred to the executive director for appropriate action. 
     
  (o) The licensee or applicant shall be notified of the date, time, and place 
of the board meeting at which the proposed agreed order will be considered. 
Attendance by the licensee or applicant is voluntary. 
   
  (p) Upon an affirmative majority vote, the board shall enter an agreed order 
approving the accepted settlement recommendations. The board may not change the 
terms of a proposed order but may only approve or disapprove an agreed order 
unless the licensee or applicant is present at the board meeting and agrees to 
other terms proposed by the board. 
   
  (q) If the board does not approve a proposed agreed order, the licensee or 
applicant and the complainant shall be so informed. The matter shall be referred 
to the executive director for other appropriate action. 
   
  (r) A proposed agreed order is not effective until the full board has approved 
the agreed order. The order shall then be effective in accordance with the APA. 
   
  (s) A licensee's opportunity for an informal conference under this section 
shall satisfy the requirement of the APA, sec.2001.054(c). 
 
     
  sec.781.607. Default Orders. 
 
  (a) If a right to a hearing is waived under sec.781.602(c) of this title 
(relating to Disciplinary Action; Notices) or  s781.703(b) of this title 
(relating to Notice), the board shall consider an order taking disciplinary 
action as described in the written notice to the licensee or applicant. 
   
  (b) The licensee or applicant and the complainant shall be notified of the 
date, time, and place of the board meeting at which the default order will be 
considered. Attendance is voluntary. 
   
  (c) The board's legal counsel or an attorney from the Office of Attorney 
General shall attend the board meeting. 
   
  (d)  Upon an affirmative majority vote, the board shall enter an order 
imposing appropriate disciplinary action. 
 
     
  sec.781.608. Monitoring of Licensees. 
 
  (a) The executive director shall maintain a disciplinary action tracking 
system. 
   
  (b)  Each licensee that has had disciplinary action taken against his or her 
license or recognition shall be required to submit regularly scheduled reports 
at intervals appropriate to each individual situation. 
   
  (c) The executive director shall review the reports and notify the complaints 
committee if the requirements of the disciplinary action are not met. 
   
  (d) The complaints committee may consider more severe disciplinary proceedings 
if noncompliance occurs. 
       
  Issued in Austin, Texas, on July 11, 1994. 
 TRD-9443780 
  Catherine Clancy 
 Chairperson 
 Texas State Board of Social Worker Examiners 
    Effective date: July 31, 1994 
 Expiration date: November 28, 1994 
 For further information, please call: (512) 719-3521 
         
       
  Subchapter G. Formal Hearings 
 
  22 TAC sec.sec.781.701-781.707 
 
  The new sections are adopted on an emergency basis in order to meet 
requirements of the Texas Professional Social Work Act, Human Resource Code, 
Chapter 50, as amended by Senate Bill 1426, 73rd Legislature, 1993, and became 
effective September l, 1993. The new sections are necessary to prevent conflict 
between the new law and the existing rules and to implement new requirements of 
the law, including the organization of a governor-appointed board and the 
transfer of administrative assistance to the Texas Department of Health. 
 
 
  sec.781.701. Purpose.  This subchapter covers the formal hearing procedures 
and practices that will be used by the board in handling denials, suspensions, 
probations, and revocations of a license and implements the contested case 
provisions of the Administrative Procedure Act (APA) Government Code, Chapter 
2001.. 
 
   
  sec.781.702. General. 
 
  (a) The board or complaints committee on its own motion or on request from a 
licensee or applicant may initiate a formal hearing. A formal hearing and all 
related proceedings shall be conducted in accordance with the provisions of the 
Administrative Procedure Act (APA), applicable state and federal statutes, and 
this chapter. 
   
  (b) The formal hearing shall be held before an administrative law judge (ALJ). 
   
  (c) A formal hearing shall be held in Travis County, Texas, unless otherwise 
determined by the ALJ or upon agreement of the parties. 
   
  (d) The parties to a hearing shall be the applicant or licensee and the 
complaints committee of the board. 
   
  (e) A copy of all pleadings, motions, or any other documents filed with the 
ALJ shall be provided to all other parties by first class United States mail or 
personal delivery and certified, in writing, with the names, addresses, date and 
manner of service of the parties to whom a copy was furnished. 
 
     
  sec.78l.703. Notice. 
 
  (a) The ALJ shall ensure that notice of the formal hearing is given in 
accordance with the notice requirements of the Administrative Procedure Act 
(APA). 
   
  (b) If a party fails to appear or be represented at a hearing or proceeding 
after receiving notice: 
 
  (1) the ALJ may proceed with the hearing or proceeding or take whatever action 
is fair and appropriate under the circumstances; and 
   
  (2) the applicant or licensee is deemed to be in agreement with the 
allegations and proposed action and to have waived the right to a hearing. 
Appropriate disciplinary action may be taken by the board. 
 
       
  sec.781.704. Subpoenas. 
 
  (a) On the written request of any party to the hearing, the executive director 
shall issue a subpoena to require the attendance of witnesses or the production 
of documents. The ALJ may also issue any necessary subpoenas. A subpoena may be 
served by any person authorized to serve subpoenas under the Texas Civil 
Practice and Remedies Code. 
   
  (b) A party or witness may seek to quash the subpoena or move for a protective 
order as provided in the Texas Rules of Civil Procedure. 
   
  (c) A witness or deponent who is not a party and who is subpoenaed or 
otherwise compelled shall be paid for mileage at 28 cents a mile, 
transportation, meals, and lodging expenses and a fee of $10 per day in 
accordance with the APA. 
 
     
  sec.781.705. Prehearing Conferences. 
 
  (a) The ALJ, on his or her own motion or the motion of a party, may direct the 
parties, their attorneys, or representatives to appear at a specified time and 
place for a conference prior to the hearing for the purpose of: 
 
  (1) the formulation and simplification of issues; 
   
  (2) the necessity or desirability of amending the pleadings; 
   
  (3) the possibility of making admissions or stipulations; 
   
  (4) the procedure at the hearing; 
   
  (5) specifying the number of witnesses; 
   
  (6)  the mutual exchange of prepared testimony and exhibits; 
   
  (7)  designation of parties; and 
   
  (8) other matters which may expedite the hearing. 
     
  (b) The ALJ shall issue whatever orders are necessary to cover the matters or 
issues. 
   
  (c) Any action taken at the prehearing conference shall be reduced to writing, 
signed by the ALJ and the parties, and made a part of the record. 
 
     
  sec.781.706. Hearing Procedure. 
 
  (a) The ALJ's duties. The ALJ shall preside over and conduct the hearing. On 
the day and time designated for the hearing, the ALJ shall: 
 
  (1) convene and call the hearing to order; 
   
  (2) state the purpose of and the legal authority for the hearing; 
   
  (3) announce that a record of the hearing will be made; 
   
  (4) outline the procedure and order of presentation that will be followed; 
   
  (5) administer oaths to those who intend to testify; and 
   
  (6) take any and all other actions as authorized by applicable law and this 
subchapter to provide for a fair, just, and proper hearing. 
     
  (b) Presentation. 
 
  (1) After making the necessary introductory and explanatory remarks on the 
purpose of and other matters related to the hearing, the ALJ will begin 
receiving testimony and evidence from the witnesses. 
   
  (2) The order of proceeding may be altered or modified by the ALJ either upon 
agreement of the parties or upon his or her own motion when such action will 
expedite the hearing without prejudice to any party. 
   
  (3) The ALJ may limit the number of witnesses whose testimony will be 
repetitious. The ALJ may also establish time limits for testimony so long as all 
viewpoints are given a reasonable opportunity to be expressed. 
   
  (4) The ALJ, at his or her discretion, may allow final arguments and shall 
note the time and close the hearing. The ALJ may hold the record open for a 
stated number of days for the purpose of receiving additional evidence into the 
record. 
     
  (c)  Consolidation. The ALJ, upon his or her own motion or upon motion by any 
party, may consolidate for hearing two or more proceedings which involve 
substantially the same parties or issues. Proceedings shall not be consolidated 
unless the ALJ finds that such consolidation will be conducive to a fair, just, 
and proper hearing and will not result in unwarranted expense or undue delay. 
   
  (d) Conduct and decorum during the hearing. Every party, witness, attorney, 
representative, or other person shall exhibit in all hearings proper dignity, 
courtesy, and respect for the ALJ and all other persons participating in or 
observing the hearing. The ALJ is authorized to take whatever action he or she 
deems necessary and appropriate to maintain the proper level of decorum and 
conduct, including, but not limited to, recessing the hearing to be reconvened 
at another time or place or excluding from the hearing any party, witness, 
attorney, representative, or other person for such period and upon such 
conditions as the ALJ deems fair and just. 
   
  (e)  Recording the hearing. The ALJ will keep either a stenographic or other 
taped record of the hearing proceeding. In the event an independently contracted 
court reporter is utilized in the making of the record of the proceedings, the 
board shall bear the cost of the per diem or other appearance fee for such 
reporter. Any party desiring a written transcript of the proceedings shall 
contract directly with such court reporter and be responsible for payment of 
same pursuant to the authority of the APA. In those cases when a tape recording 
of the formal hearing is made, the board shall make such recording available to 
any party requesting permission to hear or, with appropriate protective 
measures, allow such recording to be duplicated. Upon appeal of any final order 
of the board necessitating the forwarding of the record to a court of law, the 
board may assess the cost of the transcript to the appealing party. 
   
  (f) Rules of evidence. The ALJ will apply the Texas Rules of Civil Evidence 
and the rules contained in paragraphs (1)-(4) of this subsection. 
 
  (1) Consolidation. The ALJ may consolidate the testimony of parties or persons 
if the evidence can be effectively consolidated into one document or the 
testimony of one witness. The standard by which the ALJ should judge this 
consolidation is whether each party or person can offer unique or new evidence 
that has not been previously introduced. Any party, under oath, may make an 
offer of proof of the testimony or evidence excluded through consolidation by 
dictating into the record or submitting in writing the substance of the proposed 
testimony prior to the conclusion of the hearing. 
   
  (2) Exhibits. 
 
  (A)  Form. The parties shall make a reasonable effort to introduce exhibits 
which will not unduly encumber the files and records of the board. 
   
  (B) Tender and service. The original of each exhibit offered shall be tendered 
to the ALJ or a designee for identification and shall be offered to the parties 
for their inspection prior to offering or receiving the same into evidence. 
   
  (C) Excluded exhibits. In the event an exhibit has been identified, objected 
to, and excluded, it shall be given an exhibit number for purposes of 
identification and shall be included in the record under seal. 
   
  (D) After the hearing. Unless specifically directed by the ALJ, no exhibit 
will be permitted to be filed in any proceeding after the conclusion of the 
hearing except in a reopened hearing or a rehearing. 
     
  (3) Admissibility of prepared testimony and exhibits. When a proceeding will 
be expedited and the interests of the parties will not be prejudiced 
substantially, evidence may be received in written form. The prepared testimony 
of a witness upon direct examination, either in narrative or question and answer 
form, may be incorporated in the record as if read or received as an exhibit, 
upon the witness being sworn and identifying the same as a true and accurate 
record of what his or her testimony would be if he or she were to testify 
orally. The witness shall be subject to clarifying questions and to cross-
examination and his or her prepared testimony shall be subject to a motion to 
strike either in whole or in part. 
   
  (4) Offer of proof. When testimony is excluded by the ALJ, the party offering 
such evidence shall be permitted to make an offer of proof by dictating into the 
record or submitting in writing the substance of the proposed testimony prior to 
the conclusion of the hearing, and such offer of proof shall be sufficient to 
preserve the point for review by the board. The ALJ may ask such questions of 
the witness as he or she deems necessary to satisfy himself or herself that the 
witness would testify as represented in the offer of proof. An alleged error in 
sustaining any objections to questions asked on cross-examination may be 
preserved without making an offer of proof. 
 
       
  sec.781.707. Action After the Hearing. 
 
  (a) Proposal for decision. 
 
  (1) The ALJ shall prepare the proposal and provide copies of the same to all 
parties. 
   
  (2) Each party having the right and desire to file exceptions and briefs shall 
file them with the ALJ within the time designated by the ALJ. 
   
  (3) Parties desiring to do so shall file written replies to these exceptions 
and briefs as soon as possible after receiving same and within the time 
designated by the ALJ. 
     
  (b) Pleading after close. At any time after the record has been closed in a 
contested case, and prior to the board's decision becoming final in such case, 
all briefs, exceptions, written objections, motions, replies to the foregoing, 
and all other written documents shall be filed with the ALJ. 
   
  (c) Final orders or decisions. 
 
  (1) The final order or decision will be rendered by the board. The board may 
deny, suspend, probate, or revoke a license as it deems appropriate and lawful. 
A decision of the board may include any requirement to be imposed upon the 
licensee or applicant which is related to the individual's practice as a 
licensee and is deemed by the board to be appropriate and lawful. 
   
  (2) All final orders shall be signed by the chairperson of the board; however, 
interim orders may be issued by the ALJ. 
     
  (d) Motion for rehearing. A motion for rehearing shall be addressed to the 
board and filed with the executive director. 
   
  (e) Appeals. All communications regarding any appeal shall be to the executive 
director. 
       
  Issued in Austin, Texas, on July 11, 1994. 
 TRD-9443779 
  Catherine Clancy 
 Chairperson 
 Texas State Board of Social Worker Examiners 
    Effective date: July 31, 1994 
 Expiration date: November 28, 1994 
 For further information, please call: (512) 719-3521 
         
             
  TITLE 31. NATURAL RESOURCES AND CONSERVATION 
 Part II. Texas Parks and Wildlife 
  Chapter 57. Fisheries 
  
  Emergency Shrimp Season Closure 
 
  31 TAC sec.57.352 
 
  The Texas Parks and Wildlife Department amends on an emergency basis 
sec.57.352, concerning provisions for an early opening of the shrimping season 
in Gulf (outside) waters of the Texas territorial sea (nine nautical miles). 
Based on sound biological data, the executive director has determined that 
migration of small brown shrimp from the bays to the Gulf of Mexico will occur 
earlier than the July 12 statutory opening date. Sound biological data indicate 
that most of the shrimp on the Gulf fishing grounds will meet or exceed the 65 
tails per pound size criterion on July 7. 
 The purpose of the closed Gulf season is to protect brown shrimp during their 
major period of emigration from the bays to the Gulf of Mexico until they reach 
a larger, more valuable size before harvest and to prevent waste caused by the 
discarding of smaller individuals. The season closed 30 minutes after sunset May 
13, 1994. The executive director found imminent peril to the public welfare 
required the opening date as an emergency measure to minimize social and 
economic hardship in a depressed industry by opening the season five days 
earlier than scheduled and to obtain optimum yield from the resource. 
 The amendment is adopted on an emergency basis under the authority of the Texas 
Parks and Wildlife Code, sec.77.062. In April 1978, the Texas Parks and Wildlife 
Commission delegated to the executive director the duties and responsibilities 
of opening and closing the shrimping season under this section. 
 
 
  sec.57.352. Early Opening of the Gulf Shrimping Season. The 1994 general 
closed season for shrimp as defined in the Texas Parks and Wildlife Code, 
sec.77.061(a)(1), extends from 30 minutes after sunset May 13, 1994, to 30 
minutes after sunset  <nl>July 7<ol> [July 12], 1994. 
 
  Issued in Austin, Texas, on July 5, 1994. 
 TRD-9443519 
  Paul M. Shinkawa 
 Acting Legal Counsel 
 Texas Parks and Wildlife Department 
    Effective date: July 6, 1994 
 Expiration date: July 9, 1994 
 For further information, please call: 1 (800) 792-1112, Ext. 4433 or (512) 389-
4433