PROPOSED RULES Before an agency may permanently adopt a new or amended section or repeal an existing section, a proposal detailing the action must be published in the Texas Register at least 30 days before action is taken. The 30-day time period gives interested persons an opportunity to review and make oral or written comments on the section. Also, in the case of substantive action, a public hearing must be granted if requested by at least 25 persons, a governmental subdivision or agency, or an association having at least 25 members. Symbology in proposed amendments. New language added to an existing section is indicated by the use of bold text. [Brackets] indicate deletion of existing material within a section. TITLE 13. CULTURAL RESOURCES Part II. Texas Historical Commission Chapter 19. Texas Main Street Project 13 TAC sec.19.6 The Texas Historical Commission proposes an amendment to s19.6, concerning the Urban Main Street Program. The Urban Main Street Program was begun in 1989 to respond to requests for assistance from cities over 50,000 population. Although a three year commitment is necessary for the small Main Street city program, it is necessary to have a commitment for the fourth and fifth year to succeed in the Urban Main Street program. Anice Read, director, Main Street Program, Texas Historical Commission, has determined that for the first five-year period the rule is in effect there will be fiscal implications as a result of enforcing or administering the rule. The effect on state government for the first year in 1996 is $7,500, 1997-$2,500, 1998-$1,500, 1999-$1,500, and 2,000-$1,500. There will be no effect on local government. Mrs. Read also has determined that for the first five years the rule is in effect the public benefit anticipated as a result of enforcing the rule will be the success of the urban main street cities. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the rule as proposed. Comments may be submitted to Cindy Laguna Dally, Administrative Assistant, Texas Historical Commission, 1511 Colorado Street, or P.O. Box 12276, Austin, Texas 78711-2276. The amendment is proposed under Texas Government Code, Chapter 442, sec.442. 005(q), which provides the Texas Historical Commission the authority to promulgate rules it considers proper for the effective administration of Chapter 442, Texas Government Code. The Government Code, Chapter 442 is effected by the proposed amendment. sec.19.6. Qualification as an Urban Main Street Program. (a)-(b) (No change.) (c) The local program must be established by resolutions of support passed by the City Council and the co-sponsoring non-profit organization. This resolution must indicate financial and staff support for five
    [three] years for a local Main Street program. (d)-(f) (No change.) This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on January 9, 1995. TRD-9500277 Curtis Tunnell Executive Director Texas Historical Commission Earliest possible date of adoption: February 17, 1995 For further information, please call: (512) 463-5768 TITLE 22. EXAMINING BOARDS Part IV. Texas Cosmetology Commission Chapter 89. General Rules and Regulations 22 TAC sec.sec.89.4, 89.5, 89.54 The Texas Cosmetology Commission proposes amendments to s89.4 and sec.89. 54 and new sec.89.5, concerning cosmetology instructor on duty; specialty instructor on duty; and independent contractor/booth rental license. Dick Strader, Executive Director, Texas Cosmetology Commission, has determined that for the first five-year period the rules are in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the rules. Mr. Strader also has determined that for each year of the first five years the rules are in effect, the public benefit anticipated as a result of enforcing the rules will be to ensure that all certificate holders and licensees comply with the requirements of the rules of the commission. There will be no effect on small businesses. There is no anticipated economic costs to persons who are required to comply with the rules as proposed. Comments on the proposals may be submitted to Dick Strader, Texas Cosmetology Commission, P.O. Box 26700, Austin, Texas 78755-0700. The amendments and new section are proposed under Texas Civil Statutes, Article 8451a, sec.4(a), which provide the Texas Cosmetology Commission with the authority to "issue rules consistent with this Act after a public hearing", to protect the public's health and welfare. Texas Civil Statutes, Article 8451a, is affected by these proposed amendments and new section. sec.89.4. Cosmetology Instructor on Duty. (a) (No change.) (b) Private cosmetology schools shall maintain on staff and on duty during normal business hours, not less than two full-time instructors to a maximum of 50 students in attendance. One instructor is sufficient whenever student enrollment drops below 15. One instructor will be required for each additional 25 students, or part thereof, in attendance over 50. Speciality licensed instructors can only teach the subject matter in which they are licensed. (1) The speciality licensed instructor shall be considered when determining the student teacher ratio in this section. (2) When enrollment in the operator course exceeds 25 students there must be two cosmetology instructors: (A) Enrollment 0-14, one cosmetology instructor required; (B) Enrollment 15-25, one cosmetology instructor and one full-time licensed instructor in any speciality area required; (C) Enrollment 26-50, two cosmetology instructors required; (D) 51 or above, one cosmetology instructor for each each 25 students or part thereof (Cosmetology instructor as defined in sec.89. 15(b) of this title (relating to Definitions of License Authorizations)). (c)-(g) (No change.) (h) Private cosmetology schools may utilize their licensed Cosmetology Instructors to instruct in the areas of the Manicure Specialty course or Facial Specialty course without violating sec.89. 5(1)(a) or (b) and (2)(a) or (b) of this title (relating to Specialty Instructor on Duty). sec.89.5. Specialty Instructor on Duty. (a) Manicure Specialty Instructor. (1) Private cosmetology schools shall maintain on staff and on duty during normal business hours not less than one full time Manicure Specialty Instructor, to a maximum of 15 manicure students. One instructor will be required for each additional 15 manicure students, or part thereof. (2) Schools conducting evening classes for students other than those enrolled during normal business hours shall maintain the instructor-student ratio described in this subsection. The evening class instructor-student ratio is based upon actual attendance without regard to actual enrollments. (3) Private cosmetology schools may utilize their licensed Cosmetology Instructors to instruct in the areas of Manicure Specialty course without violating this section. (b) Facial Specialty Instructor. (1) Private cosmetology schools approved to teach the Facial Specialty course shall maintain on staff and on duty during normal business hours, not less than one full time Facial Specialty Instructor, to a maximum of 15 facial students. One instructor will be required for each additional 15 facial students, or part thereof. (2) Schools conducting evening classes for students other than those enrolled during normal business hours shall maintain the Instructor-student ratio described in subsection (a) of this section. The evening class instructor- student ratio is based upon actual attendance without regard to actual enrollments. (3) Private cosmetology schools may utilize their licensed Cosmetology Instructors to instruct in the areas of Facial Specialty course without violating this section. sec.89.54. Independent Contractor/Booth Rental License. (a) To qualify as an independent contractor, an applicant must make application for a booth rental salon license and have an area clearly defined that is his/her responsibility as far as sanitation is concerned. (1) Independent contractor in a cosmetology salon requirements: (A) one work station; (B) one styling chair; (C) one wet disinfectant soaking container; (D) one dry storage container for disinfected implements; (E) covered trash container. (2) Independent contractor in a facial salon: (A) one facial couch and facial chair; (B) one wet disinfectant soaking container; (C) one dry storage container for disinfected implements; (D) one mirror, wall hung, or one hand held mirror; (E) covered trash can. (3) Independent contractor in a manicure salon: (A) one manicure table with light; (B) one manicure stool; (C) one professional type chair; (D) one wet disinfectant soaking container; (E) one dry storage container for disinfected implements; (F) covered trash can. (b) (No change.) (c) To qualify as an independent contractor the following guidelines apply: (1) any person licensed by the Texas Cosmetology Commission, responsible for reporting their own taxes(IRS), social security taxes, unemployment taxes (TEC), or any other self employment taxes must obtain an independent contractor/booth rental license
      [Independent contractor does not pay a percentage of his/her income to the lessor]; (2)-(6) (No change.) (d)-(e) (No change.) This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on January 11, 1995. TRD-9500404 Dick G. Strader Executive Director Texas Cosmetology Commission Earliest possible date of adoption: February 17, 1995 For further information, please call: (512) 454-4674 Part XII. Board of Vocational Nurse Examiners Chapter 231. Administration General Practice and Procedure 22 TAC sec.sec.231.17, 231.20, 231.32, 231.50 The Board of Vocational Nurse Examiners proposes amendments to sec.sec.231.17, 231.20, and 231.32; and new sec.231.50. The amendments are proposed to clarify language and bring the sections up to date. Section 231.50 is proposed to comply with House Bill 1009, sec.5, Acts of the 73rd Legislature. Marjorie A. Bronk, executive director, has determined that for the first five year period the rules are in effect, there will be no fiscal implication for state or local government as a result of enforcing or administering the rules as such charges set forth in sec.231.50 were already in effect prior to the requirement to adopt such a rule. Mrs. Bronk also has determined that for each year of the first five years the rules are in effect the public benefit anticipated as a result of enforcing the rules will be clarification of the rules and information as to the cost of obtaining public records. There will be some cost recovery through fees obtained. Comments on the proposed amendments may be submitted to Marjorie A. Bronk, R.N., M.S.H.P., Executive Director, Board of Vocational Nurse Examiners, 9101 Burnet Road, Suite 105, Austin, Texas 78758, (512) 835-2071. The amendments and new section are proposed under Texas Civil Statutes, Article 4528c, sec.5(g), which provide the Board of Vocational Nurse Examiners with the authority to make such rules and regulations as may be necessary to carry in effect the purposes of the law. No other statute, article or code will be affected by this proposal. sec.231.17. President of the Board. The President shall be the Executive Officer of the Board. [The president shall approve and co-sign all vouchers for disbursements in the absence of the Secretary-Treasurer.] The President may exercise executive authority in the following instances: (1)-(3) (No change.) sec.231.20. Secretary-Treasurer of the Board. The Secretary-Treasurer shall verify, by signature, the minutes of all Board Meetings
        [The Secretary-Treasurer shall record the minutes of each meeting; keep a register of the names of all nurses licensed under the Vocational Nurse Act; and keep the books of account of fees received and disbursements with the approval of the Board.] sec.231.32. Record of Meeting. The Secretary-Treasurer shall verify
          [keep a record of] all minutes
            meetings of the board and they [such records] shall be retained as a permanent record of the transactions of the Board. A copy of the minutes of each meeting shall be filed with the Texas State Library. sec.231.50. Charges for Providing Copies of Public Information. The charges for providing copies of public information are as follows: (1) Standard-Size Paper Copies .10/page; (2) Diskettes 1.00 each; (3) Magnetic Tape $10.00 each; (4) Other Actual Cost; (5) Personnel Charges $15/hour; (6) Overhead Charges 20% of Total Personnel Charges; (7) Computer Resource Charges 17.50/minute; (8) Programming Time $26/hour; (9) Posting/Shipping Charges Actual Cost. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on January 9, 1995. TRD-9500315 Marjorie A. Bronk Executive Director Board of Vocational Nurse Examiners Earliest possible date of adoption: February 17, 1995 For further information, please call: (512) 835-2071 Chapter 233. Education The Board of Vocational Nurse Examiners proposes amendments to sec.233.1, concerning Definitions, sec.233.26, concerning Clinical Facility, and sec.233.71, concerning System of Grading. Rule 233.1 is amended to provide a definition for Director Affidavit as it is required in the application for licensure by examination and endorsement. Rule 233.26 is being amended to clarify that clinical facilities do not require a survey visit or board approval as it is not cost effective or necessary for programs other than newly approved programs. Marjorie A. Bronk, executive director, has determined that for the first five year period the rules are in effect, thee will be no fiscal implication for state or local government as a result of enforcing or administering the rules. Mrs. Bronk also has determined that for each year of the first five years the rules are in effect, there is no anticipated public benefit. There will be no effect on small business. There is no anticipated economic cost to persons who are required to comply with the rules as proposed. Comments on the proposed amendments may be submitted to Marjorie A. Bronk, R.N., M.S.H.P., Executive Director, Board of Vocational Nurse Examiners, 9101 Burnet Road, Suite 105, Austin, Texas 78758, (512) 835-2071. General Provisions 22 TAC sec.233.1 The amendment is proposed under Texas Civil Statutes, Article 4528c, sec.5(g), which provide the Board of Vocational Nurse Examiners with the authority to make such rules and regulations as may be necessary to carry in effect the purposes of the law. No other statute, article or code will be affected by this proposal. sec.233.1. Definitions. The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise. Director Affidavit -An official board form containing an approved nursing program's curriculum components and hours, a statement attesting to an applicant's qualifications for vocational nurse licensure in Texas, the official school seal and the signature of the nursing program director. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on January 9, 1995. TRD-9500316 Marjorie A. Bronk Executive Director Board of Vocational Nurse Examiners Earliest possible date of adoption: February 17, 1995 For further information, please call: (512) 835-2071 Operation of a Vocational Nursing Program 22 TAC sec.233.26 The amendment is proposed under Texas Civil Statutes, Article 4528c, sec.5(g), which provide the Board of Vocational Nurse Examiners with the authority to make such rules and regulations as may be necessary to carry in effect the purposes of the law. No other statute, article or code will be affected by this proposal. sec.233.26. Clinical Facility.
              The board office must be notified and approval given prior to beginning a new clinical affiliation. A hospital cannot affiliate with more than one vocational nursing program for all major areas. Clinical facilities that do not require approval
                [a survey visit] prior to affiliations are clinics, day care centers, physicians' offices, geriatric centers, and psychiatric hospitals. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on January 9, 1995. TRD-9500317 Marjorie A. Bronk Executive Director Board of Vocational Nurse Examiners Earliest possible date of adoption: February 17, 1995 For further information, please call: (512) 835-2071 Vocational Nursing Education Standards 22 TAC sec.233.71 The amendment is proposed under Texas Civil Statutes, Article 4528c, sec.5(g), which provide the Board of Vocational Nurse Examiners with the authority to make such rules and regulations as may be necessary to carry in effect the purposes of the law. No other statute, article or code will be affected by this proposal. sec.233.71. System of Grading. A licensing application indicating a grade of less than a "C" [or less than 70%] on any subject equivalent to the specific provisions of curriculum requirements, sec.233.58 (d) of this title (relating to Curriculum Requirements), shall not be accepted. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on January 9, 1995. TRD-9500318 Marjorie A. Bronk Executive Director Board of Vocational Nurse Examiners Earliest possible date of adoption: February 17, 1995 For further information, please call: (512) 835-2071 Chapter 239. Contested Case Procedure The Board of Vocational Nurse Examiners proposes amendments to sec.sec.239.1, 239.11, 239.22, 239.24, 239.25, 239.33, and 239.53 and new sec.239.18 and sec.239.19. The rules are amended for clarification and to substitute Texas Government Code for Administrative Procedure and Texas Register Act and Texas Civil Statutes, Article 6252-13a. New sec.239.18 addresses penalties and sanctions the board may impose and sec.239.19 addresses the fines the board has authority to assess. Marjorie A. Bronk, executive director, has determined that for the first five year period the rules are in effect, there will be no fiscal implication local government as a result of enforcing or administering the rules. The fiscal implication to state government would be an increase in revenue from the collection of fines. Mrs. Bronk also has determined that for each year of the first five years the rules are in effect there is no public benefit anticipated as a result of enforcing the rules. There will be no effect on small businesses. The anticipated economic cost to persons who are required to comply with the rules as proposed would be the amount of fines they would have to pay. Comments on the proposed rules may be submitted to Marjorie A. Bronk, R.N., M.S.H.P., Executive Director, Board of Vocational Nurse Examiners, 9101 Burnet Road, Suite 105, Austin, Texas 78758, (512) 835-2071. Definitions 22 TAC sec.239.1 The amendment is proposed under Texas Civil Statutes, Article 4528c, sec.5(g), which provide the Board of Vocational Nurse Examiners with the authority to make such rules and regulations as may be necessary to carry in effect the purposes of the law. No statute, article or code will be affected by the proposal. sec.239.1. Definitions. The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise. Administrative Law Judge (ALJ)-A person who presides at an administrative hearing held under Texas Government Code, Chapter 2001
                  . [the Administrative Procedure and Texas Register Act, Texas Civil Statutes, Article 6252-13a.] APA-The Administrative Procedure Act, Texas Government Code, Chapter 2001. [APTRA-The Administrative Procedure and Texas Register Act, Texas Civil Statutes, Article 6252-13a.] Disciplinary Action -Imposition of a sanction by the board which may include a monetary fine
                    , reprimand, suspension, probation of suspension or revocation of a license. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on January 9, 1995. TRD-9500319 Marjorie A. Bronk Executive Director Board of Vocational Nurse Examiners Earliest possible date of adoption: February 17, 1995 For further information, please call: (512) 835-2071 Enforcement 22 TAC sec.sec.239.11, 239.18, 239.19 The amendment and new sections are proposed under Texas Civil Statutes, Article 4528c, sec.5(g), which provide the Board of Vocational Nurse Examiners with the authority to make such rules and regulations as may be necessary to carry in effect the purposes of the law. No statute, article or code will be affected by the proposal. sec.239.11. Unprofessional Conduct. (a) Unprofessional or dishonorable conduct, likely to deceive, defraud or injure the public may include the following described acts or omissions: (1)-(9) (No change.) (10) practicing as a vocational nurse while the individual's ability to practice is impaired by alcohol, drugs, physical or mental disability and/or testing positive for alcohol or other substances not prescribed, while on duty
                      ; (11)-(26) (No change.) (27) failing to conform to the minimal standards of acceptable prevailing practice, regardless of whether or not actual injury to any person was sustained, including but not limited to: (A)-(G) (No change.) (H) leaving a nursing assignment while being the only licensed professional on the premises or leaving an assignment without notifying another on duty licensed medical professional
                        [one's immediate supervisor]; (I)-(K) (No change.) (28)-(29) (No change.) (b) (No change.) sec.239.18. Penalties and Sanctions. If the Board finds that a person has violated any of the provisions of the Vocational Nurse Act, or a rule or Order of the Board, the Board may impose one or more of the following: (1) issue a warning; (2) administer a public reprimand; (3) suspend a license; (4) probate the suspension of a license; (5) revoke a license; (6) require the vocational nurse to submit to care, counseling or treatment; (7) require the vocational nurse to participate in a program of education or counseling; (8) require the vocational nurse to practice under the supervision of a licensed medical professional; or (9) assess a monetary fine. sec.239.19. Schedule of Fines. In disciplinary matters, the board shall assess a monetary fine in the circumstances and amounts as described. (1) The following violations shall be subject to a fine with or without additional stipulations: (A) practice on a delinquent license for more than six months but less than two years: (i) first occurrence: $100; (ii) subsequent occurrence: $250; (B) practice on a delinquent license for two to four years: (i) first occurrence: $250; (ii) subsequent occurrence: $500; (C) practice on a delinquent license over four years: $500, plus $100 for each year over four years, not to exceed $1,000 accrued amount; (D) failure to comply with Continuing Education requirements: (i) first occurrence $100; (ii) subsequent occurrence: $250. (2) Mitigating circumstances can be taken into account in varying the fines, subject to the Board's discretion. (3) Fines shall be payable in full by cashier's check or money order not later than the 30th day after the date the Board's order is final. (4) The payment of a fine shall be in addition to the full payment of all applicable fees and satisfaction of all other applicable requirements of the Vocational Nurse Act and Board Rules. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on January 9, 1995. TRD-9500320 Marjorie A. Bronk Executive Director Board of Vocational Nurse Examiners Earliest possible date of adoption: February 17, 1995 For further information, please call: (512) 835-2071 Hearings Process 22 TAC sec.sec.239.22, 239.24, 239.25, 239.33 The amendments are proposed under Texas Civil Statutes, Article 4528c, sec.5(g), which provide the Board of Vocational Nurse Examiners with the authority to make such rules and regulations as may be necessary to carry in effect the purposes of the law. No statute, article or code will be affected by the proposal. sec.239.22. Witness Fees and Expenses. A witness who is not a party to the proceeding and who is subpoenaed to appear at a deposition or hearing or to produce documents, records, or other tangible things, shall receive reimbursement for expenses incurred in complying with the subpoena. Reimbursement shall be based on the minimum set forth in the Administrative Procedure [and Texas Register] Act (APA)
                          or the State of Texas Travel Allowance Guide issued by the Comptroller of Public Accounts, whichever is greater. Said amount shall be paid by the party at whose request the witness is subpoenaed. sec.239.24. Hearings. All hearings on complaints and applications for reinstatement filed with the agency shall be conducted as contested case proceedings under the Administrative Procedure [and Texas Register] Act (APA)
                            [APTRA], and shall be held in Travis County as the county of the Board's residence. sec.239.25. Proposals for Decision. In a contested case heard by an Administrative Law Judge (ALJ), a proposal for decision shall be rendered as set forth in the Administrative Procedure [and Texas Register] Act. At anytime, the proposal for decision may be adopted by written order of the board, unless exceptions and briefs shall have been filed in the manner required by sec.239.26 of this title (relating to Filing of Exceptions, Briefs and Replies). If deemed warranted, the ALJ may direct a party to draft and submit a proposal for decision which shall include proposed findings of fact and a concise and explicit statement of the underlying facts supporting such proposed findings developed from the record. sec.239.33. Release of Information. (a) A complaint and investigation concerning a licensee/applicant and all information and materials compiled by the board in connection with a complaint and investigation are confidential and not subject to disclosure under Texas Government Code Annotated, Chapter 552-Open Records
                              [Chapter 424, Acts of the 63rd Legislature, Regular Session, 1973 (Article 6252-17a, Vernon's Texas Civil Statutes,) and not subject to disclosure, subpoena, or other means of legal compulsion for their release to anyone other than the board or its employees or agents involved in licensee discipline except that this information may be disclosed to: (1) the nurse being investigated and/or his or her authorized representative
                                [attorney]; (2)-(3) (No change.) (4) peer assistance programs approved by the board under the Health and Safety Code, Chapter 467
                                  [Chapter 701, Acts of the 69th Legislature, Regular Session, 1985 (Texas Civil Statutes, Article 5561c-3)]; (5)-(6) (No change.) (b) The filing of formal charges against a licensee/applicant by the board, the nature of those charges, disciplinary proceedings of the board, and final disciplinary actions, including warnings and reprimands, by the board are not confidential and are subject to disclosure in accordance with Texas Government Code, Chapter 552-Open Records
                                    [Chapter 424, Acts of the 63rd Legislature, Regular Session, 1973 (Texas Civil Statutes, Article 6252-17a)]. (c) (No change.) This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on January 9, 1995. TRD-9500321 Marjorie A. Bronk Executive Director Board of Vocational Nurse Examiners Earliest possible date of adoption: February 17, 1995 For further information, please call: (512) 835-2071 Reinstatement Process 22 TAC sec.239.53 The amendment is proposed under Texas Civil Statutes, Article 4528c, sec.5(g), which provide the Board of Vocational Nurse Examiners with the authority to make such rules and regulations as may be necessary to carry in effect the purposes of the law. No statute, article or code will be affected by the proposal. sec.239.53. Procedure Upon Request for Reinstatement. (a) (No change.) (b) An applicant who fails to personally appear at a prehearing conference, or who fails to reach an agreed settlement at a prehearing conference, must personally appear at an administrative hearing. (c)
                                      [(b)] Upon submission of proof of past revocation or suspension of the applicant's license, the applicant has the burden of proof to show present fitness and/or rehabilitation to practice vocational nursing. (d)
                                        [(c)] Where the applicant's license has been revoked, suspended or voluntarily surrendered based on a finding, admission or allegation that the applicant was unfit to practice vocational nursing by reason of intemperate use of alcohol or drugs, misappropriation of controlled substances, an adjudication of mental incompetence, the existence of any mental disorder, or a conviction of a [violent] crime of a violent or sexual nature; the applicant must submit a written psychiatric or psychological evaluation and a written medical evaluation. Said evaluations shall be obtained at the applicant's expense and forwarded directly to the agency by the examiner. The psychiatric or psychological evaluation must be prepared by a licensed psychiatrist or psychologist and the medical evaluation must be prepared by a licensed physician. Said reports shall include such information as the agency may specifically require with notice to the applicant. (e)
                                          [(d)] Upon receipt of a written request for reinstatement as required by sec.239.51 of this title (relating to Application for Reinstatement of License) and all information required by subsection (d)
                                            [(c)] of this section, the applicant will be notified of a date and time of their personal appearance at a prehearing conference or administrative hearing. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on January 9, 1995. TRD-9500322 Marjorie A. Bronk Executive Director Board of Vocational Nurse Examiners Earliest possible date of adoption: February 17, 1995 For further information, please call: (512) 835-2071 Part XXIX. Texas Board of Professional Land Surveying Chapter 663. Standards of Responsibility and Rules of Conduct Professional and Technical Standards 22 TAC sec.663.19 The Texas Board of Professional Land Surveying proposes an amendment to sec.663.19, concerning plats/descriptions/reports and further clarifies how boundary monuments found or placed by the surveyor shall be described upon the survey plat. Sandy Smith, executive director, Texas Board of Professional Land Surveying, has determined that for the first five-year period the amendment is in effect there will be no fiscal implications for state or local governments as a result of enforcing or administering the amendment. Ms. Smith also has determined that for the first five-year period the amendment is in effect the public benefit anticipated as a result of enforcing the amendment will be all work conforming to the definition of surveying, as defined by the Act, will be required to adhere to minimum standards, thus providing the public with a better surveying product. There will be no effect on small or large businesses. There are no anticipated economic costs to persons who are required to comply with the amendment. Comments may be submitted to Sandy Smith, Texas Board of Professional Land Surveying, 7701 North Lamar Boulevard, Suite 400, Austin, Texas 78752. The amendment is proposed under Texas Civil Statutes, Article 5282c, sec.9, which provide the Texas Board of Professional Land Surveying with the authority to make and enforce all reasonable and necessary rules, regulations and bylaws not inconsistent with the Texas Constitution, the laws of this state and this Act. The Texas Civil Statutes, Article 5282c, is affected by this proposed amendment. sec.663.19. Plat/Description/Report.
                                              For the purposes of these rules the word "report" shall mean any or all of the following survey plat, descriptions or separate narratives. (1)-(5) (No change.) (6) Boundary monuments found or placed by the surveyor shall be described upon the survey plat, noting
                                                [including] those controlling monuments to which the boundary location is
                                                  [survey may be] referenced. The surveyor shall note upon the survey plat which monuments were found and which monuments were placed as a result of his/her survey. (7)-(9) (No change.) This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on January 10, 1995. TRD-9500364 Sandy Smith Executive Director Texas Board of Professional Land Surveying Earliest possible date of adoption: February 17, 1995 For further information, please call: (512) 452-9427 TITLE 28. INSURANCE Part I. Texas Department of Insurance Chapter 7. Corporate and Financial Regulation Subchapter A. Examination and Corporate Custodian and Tax 28 TAC sec.7.11 The Commissioner of Insurance of the Texas Department of Insurance proposes an amendment to sec.7.11, concerning the National Association of Insurance Commissioners Examiners Handbook. The amendment to sec.7.11 clarifies which version of the NAIC Examiners Handbook has been officially adopted by reference by the Texas Department of Insurance. The amendment to sec.7.11 is proposed to comply with a newly enacted provision of the Insurance Code, Article 1.27, which recites that the Department may not require an insurer to comply with any rule, regulation, directive, or standard adopted by the National Association of Insurance Commissioners unless it is expressly authorized by and approved by the Commissioner. The amendment will allow interested persons notice and opportunity for a hearing if the Department proposes to adopt a particular version of the NAIC Examiners Handbook. This amendment to sec.7.11 is proposed as part of Title 28, Part 1, Chapter 7, Subchapter A, relating to the general provisions for examinations and reporting requirements for insurance entities. A. W. Pogue, associate commissioner for the financial division, has determined that for each year of the first five years the amendment is in effect there will be no fiscal implications for state and local governments as the result of administering this section. There is no anticipated additional effect on local employment or the local economy, reduction in costs to local governments, or loss or increase in revenue to the state or local governments as a result of administering and enforcing the proposed amendment. Mr. Pogue also has determined that for each year of the first five years the amendment is in effect there will be no anticipated economic cost to persons who must comply with the amendment. Mr. Pogue also determined the public benefit resulting from administration of the proposed section will be the ability to receive notice and opportunity for a hearing if the Department proposes to adopt a particular version of the NAIC Examiners Handbook. Comments on this proposal must be submitted in writing within 30 days after publication of this section in the Texas Register to the Chief Clerk of the Texas Department of Insurance, Mail Code 113-2A, P.O. Box 149104, Austin, Texas 78714-9104, with a copy to A. W. Pogue, Associate Commissioner of Financial, Mail Code 305-2A, P.O. Box 149104, Austin, Texas 78714-9104. A request for public hearing on the amended section should be submitted separately to the Office of the Chief Clerk. The amendment is proposed pursuant to the Insurance Code, Article 1.03A. Article 1.03A authorizes the Commissioner of Insurance to promulgate and adopt rules and regulations for the conduct and execution of duties and functions by the Department. The proposed rule affects Insurance Code, Article 1.27. sec.7.11. National Association of Insurance Commissioners Examiners Handbook. [Except as may be provided by law or where the board has adopted rules which provide otherwise for the examination of insurers licensed in this state, the National Association of Insurance Commissioners Examiners Handbook and its amendments may be used as a resource manual by the State Board of Insurance when conducting examinations of insurers licensed in Texas.] (a) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise. (1) Commissioner-The Commissioner of Insurance. (2) Department-The Texas Department of Insurance. (3) NAIC-The National Association of Insurance Commissioners. (b) The Commissioner adopts by reference the NAIC Examiners Handbook (March, 1994) as the standard for the Department when conducting statutory examinations and rehabilitations of insurers licensed in Texas, except where otherwise provided by law or where the Commissioner has adopted rules which provide otherwise. Whenever the Examiners Handbook is referred to by statute or rule it shall mean the reference version of the NAIC Examiners Handbook cited in this section unless specifically stated otherwise. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on January 11, 1995. TRD-9500427 D. J. Powers Chief Clerk and General Counsel Texas Department of Insurance Earliest possible date of adoption: February 17, 1995 For further information, please call: (512) 463-6327 TITLE 30. ENVIRONMENTAL QUALITY Part I. Texas Natural Resource Conservation Commission Chapter 114. Control of Air Pollution From Motor Vehicles 30 TAC sec.114.13 The Texas Natural Resource Conservation Commission (TNRCC or Commission) proposes an amendment to sec.114.13, concerning Oxygenated Fuels. The amendment is in response to a petition for rulemaking filed by Exxon Company, U.S.A. Exxon asserts that the changes to sec.114.13(f) will reduce administrative costs for the company and others providing oxygenated fuels in El Paso. The current rule states that from October 1 to March 31, gasoline pumps dispensing oxygenated gasoline shall display a legible and conspicuous label with the following statement: "The gasoline dispensed from this pump is oxygenated and will reduce carbon monoxide from motor vehicles." The proposed amendment would allow owners of pumps dispensing oxygenated gasoline to add the relevant dates to the required label in order to eliminate the need to remove the label during months in which oxygenated gasoline is not dispensed. Stephen Minick, Strategic Planning and Appropriations Division, TNRCC, has determined that for the first five-year period the section is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the section. Mr. Minick also has determined that for each year of the first five years the section is in effect the public benefit anticipated as a result of enforcing the section will be reductions in procedural requirements affecting fuel facility operators, decreased administrative costs of compliance with labeling regulations for gasoline pumps, and more cost-effective administration of air quality programs. Adoption of the section as proposed will result in potential cost savings for businesses, many of which are small businesses. The cost savings for any size business will be in direct proportion to the number of fuel pumps owned or operated by a business in the area subject to the section. There is no anticipated economic cost to any other persons who are required to comply with the section as proposed. A public hearing on the proposal will be held February 16, 1995 at 10:00 a. m. in Room 365 of TNRCC Building E, located at 12118 North IH-35, Park 35 Technology Center, Austin. The hearing is structured for the receipt of oral or written comments by interested persons. Individuals may present oral statements when called upon in order of registration. Open discussion within the audience will not occur during the hearing; however, a TNRCC staff member will be available to discuss the proposal 30 minutes prior to the hearing and will answer questions before and after the hearing. Written comments not presented at the hearing may be submitted to the TNRCC central office in Austin through February 17, 1995. Material received by the TNRCC Office of Policy and Regulatory Development by 4:00 p.m. on February 17, 1995 will be considered by the Commission prior to any final action on the proposal. Please mail written comments to Lisa Martin, Office of Policy and Regulatory Development, P.O. Box 13087, Austin, Texas 78711-3087. Copies of the revision are available at the central office of the TNRCC located at 12118 North IH-35, Park 35 Technology Center, Building E, Austin, and at all TNRCC regional offices. For further information, contact Dr. Basil Ubanwa at (512) 239-1473. Persons with disabilities who have special communication or other accommodation needs who are planning to attend the hearing should contact the agency at (512) 239-1459. Requests should be made as far in advance as possible. The amendment is proposed under the Texas Health and Safety Code, Texas Clean Air Act (TCAA), sec.382.017, which provides the TNRCC with the authority to adopt rules consistent with the policy and purposes of the TCAA. The proposed amendment affects the Health and Safety Code, sec.382.017. sec.114.13. Oxygenated Fuels. (a)-(e) (No change.) (f) Each gasoline pump at a retail outlet from which oxygenated gasoline is dispensed shall display a legible and conspicuous label on which either the statement in paragraph (1) or the statement in paragraph (2) of this subsection is printed in 36-point bold type in a color contrasting with the intended background. This label shall be placed so it is clearly legible from each side of the pump from which fuel can be dispensed. (1) A label on which the following statement is printed shall be displayed only
                                                    [, ] during the period of October 1 through March 31[, a legible and conspicuous label with the following statement]: "The gasoline dispensed from this pump is oxygenated and will reduce carbon monoxide pollution from motor vehicles." [This label shall be printed in 36-point bold type in a color contrasting the intended background and shall be placed so it is clearly legible from each side of the pump from which fuel can be dispensed.] (2) A label on which the following statement is printed shall be displayed during the period of October 1 through March 31 and may be displayed at any other time up to year-round: "From October 1 through March 31, the gasoline dispensed from this pump is oxygenated and will reduce carbon monoxide pollution from motor vehicles." (g) (No change.) This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on January 4, 1995. TRD-9500416 Kevin McCalla Acting Director, Legal Services Division Texas Natural Resource Conservation Commission Proposed date of adoption: April 1, 1995 For further information, please call: (512) 239-1966 Chapter 345. Advisory Committee Rules 30 TAC sec.sec.345.1-345.14 The Texas Natural Resource Conservation Commission (TNRCC or Commission) proposes new sec.sec.345.1-345.14, concerning Advisory Committee Rules. These sections include provisions relating to the creation, duration, purposes and duties of advisory committees. These rules also cover purpose; definitions; composition and membership terms; membership; attendance; reimbursement; presiding officers; manner of reporting; subcommittees; meetings; and records. Stephen Minick, Strategic Planning and Appropriations Division, has determined that for the first five-year period these sections as proposed are in effect there will be no significant fiscal implications anticipated for state or local units of government as a result of enforcing or administering these sections. Mr. Minick also has determined that for each year of the first five years the sections are in effect, the public benefit anticipated as a result of enforcing the sections will be greater public involvement in policy and regulatory development through a standardized comment and advisory process. There is no anticipated economic cost to persons or small businesses required to comply with the sections as proposed. A public hearing on the proposal will be held in Austin on February 16, 1995 at 11:00 a.m. at the TNRCC Central Office, 12118 North IH-35, Building E, Conference Room 365, Austin. Individuals may present oral statements when called upon in order of registration. Open discussion within the audience will not occur during the hearing; however, a TNRCC staff member will be available to discuss the proposal 30 minutes prior to the hearing and will answer questions before and after the hearing. Written comments not presented at the hearing may be submitted to the TNRCC central office in Austin through February 17, 1995. Material received by the TNRCC Office of Policy and Regulatory Development by 4:00 p.m. on that date will be considered by the Commission prior to any final action on the proposal. Copies of the proposal are available at the central office of the TNRCC located at 12118 North IH-35, Building E, Austin. Please mail written comments to Heather Evans, Office of Policy and Regulatory Development, P.O. Box 13087, Austin, Texas 78711-3087. For further information contact Thomas Ortiz at (512) 239-1054. Persons with disabilities who have special communication or other accommodation needs who are planning to attend the hearing should contact the agency at (512) 239-1459. Requests should be made as far in advance as possible. The new sections are proposed under the Texas Water Code, sec.5.103 and sec.5. 105, which authorizes the Commission to adopt any rules necessary to carry out its powers and duties under the Code and other laws of this state and to establish and approve all general policy of the Commission. These rules implement the requirements of Texas Civil Statutes, Article 6252-33 relating to the existence, composition, and expenses of state agency advisory committees. sec.345.1. Purpose. The sections under this chapter govern procedures applicable to advisory committees created to advise the Texas Natural Resource Conservation Commission. sec.345.2. Definitions. The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise. Advisory committee -A committee, council, commission, task force, or other entity that: (A) is not a state agency; (B) is created by or under state law; and (C) has as its primary function advising the Texas Natural Resource Conservation Commission. sec.345.3. Creation and Duration of Advisory Committees.
                                                      Except as otherwise provided by law, advisory committees shall be created by resolution of the Texas Natural Resource Conservation Commission (Commission). Unless it has a specific duration prescribed by statute, an advisory committee shall be abolished on the fourth anniversary of the date of its creation unless the Commission has established a different date by Commission resolution or the Commission affirmatively votes to continue the advisory committee in existence after the date previously established for abolishment. sec.345.4. Purpose and Duties of Advisory Committees.
                                                        The purpose of advisory committees shall be to give the Texas Natural Resource Conservation Commission (Commission) the benefit of the members' collective business, environmental, and technical expertise and experience to help the Commission with respect to matters within the jurisdiction of the Commission. The advisory committees' sole duty is to advise the Commission. Advisory committees have no executive or administrative powers or duties with respect to the operation of the Commission, and all such powers and duties rest solely with the Commission. The specific purposes and tasks of an advisory committee subject to this chapter shall be identified by resolution of the Commission. sec.345.5. Composition of Advisory Committees. Except as otherwise provided by law, advisory committees shall be composed of a number of members, not to exceed 24, set by Texas Natural Resource Conservation Commission (Commission) resolution, and shall provide a balanced representation between industries or occupations regulated or directly affected by the Commission and consumers of services provided either by the Commission or by industries or occupations regulated by the Commission. sec.345.6. Membership Terms.
                                                          Except as otherwise provided by law, advisory committee members may serve two or four-year terms, as resolved by the Texas Natural Resource Conservation Commission (Commission). Should the Commission resolve that the members of a committee serve four-year terms, these terms shall initially be staggered, with one half of the members (rounded down should one half of the number of members not be a whole number) serving two-year terms, and one half (rounded up should one half of the number of members not be a whole number) serving four-year terms, and the terms for each member decided by drawing lots in the first committee meeting following the establishment of the membership of the committee by the Commission. sec.345.7. Membership. Except as otherwise provided by law, all members of advisory committees are appointed by and serve at the pleasure of the Texas Natural Resource Conservation Commission (Commission). If a member resigns, dies, becomes incapacitated, is removed by the Commission, or otherwise vacates his or her position prior to the end of his or her term, the Commission shall appoint a replacement who shall serve the remainder of the unexpired term. sec.345.8. Attendance. A record of attendance at each meeting of the advisory committee shall be made. Except as otherwise provided by law, if a member of an advisory committee misses three consecutive regularly scheduled meetings or more than half of all the regularly scheduled meetings in a one-year period, that member automatically vacates his or her position on the advisory committee and the Texas Natural Resource Conservation Commission shall make an appointment to fill the remainder of the unexpired term of the vacancy. sec.345.9. Reimbursement. Members of an advisory committee shall not be reimbursed for expenses unless the Texas Natural Resource Conservation Commission (Commission) by resolution expressly authorizes reimbursement. The Commission may, in its discretion, reimburse the expenses of members of any duly authorized subcommittee of an advisory committee. sec.345.10. Presiding Officer.
                                                            Except as otherwise provided by law, or by resolution of the Texas Natural Resource Conservation Commission (Commission), each committee shall elect from its members a presiding officer, or chairperson, who shall report the committee's advice and attendance in writing to the Commission. The Commission may, at its discretion, appoint presiding officers of advisory committees. Committees may elect other officers at their pleasure. sec.345.11. Manner of Reporting. Advisory committees shall report in writing to the Texas Natural Resource Conservation Commission (Commission) in September and March of each year. The report provided by an advisory committee shall be sufficient to allow the Commission to properly evaluate the committee's work, usefulness, and the costs related to the committee's existence. sec.345.12. Subcommittees. Advisory committees may organize themselves into subcommittees. One member of each subcommittee shall serve as the chairperson of that subcommittee. Subcommittee chairs shall make written reports regarding their subcommittee's work to the presiding officer of the advisory committee. A subcommittee of an advisory committee may include members who are not members of the advisory committee with the consent of the Texas Natural Resource Conservation Commission, but must include at least one member of the advisory committee. sec.345.13. Meetings. Advisory committees shall meet at the call of the presiding officer or of the Texas Natural Resource Conservation Commission. All advisory committee and subcommittee meetings shall be open to the public. sec.345.14. Records. Texas Natural Resource Conservation Commission (Commission) staff shall record and maintain the minutes of each advisory committee and subcommittee meeting. The staff shall maintain a record of actions taken and shall distribute copies of approved minutes and other committee documents to the Commission and to advisory committee members. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on January 11, 1995. TRD-9500415 Kevin McCalla Director, Legal Services Division Texas Natural Resource Conservation Commission Proposed date of adoption: March 15, 1995 For further information, please call: (512) 239-1970 TITLE 40. SOCIAL SERVICES AND ASSISTANCE Part VI. Texas Commission for the Deaf and Hearing Impaired Chapter 183. Board for Evaluation of Interpreters and Interpreter Certification Subchapter A. Definitions and Board Operations 40 TAC sec.183.29 The Texas Commission for the Deaf and Hearing Impaired proposes an amendment to sec.183.29, concerning Contracted Evaluators, which will set forth criteria for evaluators. This amendment will provide clarification of the requirements which must be met by individuals seeking contracts as evaluators for the Board for Evaluation of Interpreters. David W. Myers, Executive Director, has determined that there will be no fiscal implication for state or local government as a result of the amendment of this paragraph. Mr. Myers also has determined that the public benefit anticipated as a result of this amendment will be updated procedures and clarification in the operation of the Board for Evaluation of Interpreters. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the section as proposed. Comments on this amendment may be submitted to Angela Bryant, Board for Evaluation of Interpreters, Texas Commission for the Deaf and Hearing Impaired, P.O. Box 12904, Austin, Texas 78711-2904. The amendment is proposed under the Human Resources Code, sec.81.006(b)(3), which provides the Texas Commission for the Deaf and Hearing Impaired the authority to adopt rules for administration and programs. The proposed amendment affects sec.81.006(b)(3). sec.183.29. Contracted Evaluators.
                                                              Contracted evaluators will be composed of interpreters who have applied to be evaluators and have been interviewed, tested, evaluated, trained, and appointed by the board and approved by the commission for the purpose of conducting evaluations of interpreting skills to determine the qualifications of interpreters. The contracted evaluators function under supervision of the board. (1) (No change.) (2) Required
                                                                qualifications of evaluators. [Evaluators must hold a TCDHI certificate at Level III or above or specialty certification and complete annual evaluation training.] (A) Evaluator candidates who are hearing must provide proof of valid certification through TCDHI at Levels III, IV, or V for a minimum of five years. (B) Evaluator candidates who are deaf or hard of hearing must be certified Level III, IV, or V, and have documentation of involvement in the interpreting field, and as a consumer. (C) For Morphemic Sign System (MSS) and Oral evaluators, the BEI Board will recommend people properly trained for those respective evaluations. (D) All evaluator candidates: (i) must have a resume and application on file with TCDHI; (ii) must be a resident of Texas; (iii) required to submit a letter of reference from the following: (I) professional in the field of interpreting and/or deafness; and (II) a deaf/hard of hearing consumer; (iv) must be interviewed by the BEI Board, or interview committee appointed by the Chairperson of the BEI; (v) must successfully complete evaluator training and assessments provided by the BEI; (vi) must sign a conflict of interest disclaimer; (vii) must provide the name of a contact person from one of the following: (I) local council; (II) school district; (III) interpreter agency; (IV) other entity in which services have been contracted. (3) Preferred qualification of evaluators. Attendance or presentations of workshops related to the field of deafness are preferred (Linguistics, Sign Language Theory, Interpreting, etc.). (4)
                                                                  [(3)] Responsibilities. Evaluators are responsible for conducting and scoring evaluations at levels assigned by the board. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on June 15, 1994. TRD-9500366 David W. Myers Executive Director Texas Commission for the Deaf and Hearing Impaired Earliest possible date of adoption: February 17, 1995 For further information, please call: (512) 451-8494