TITLE administration

Part III. Office of the Attorney General

Chapter 55. Child Support Enforcement

The Office of the Attorney General proposes amendments to 1 TAC §55.203(c) and §55.207 concerning License Suspension for Failure to Pay Child Support. Section 55.207 as amended sets out the pre-hearing procedures and time frames for submitting evidence and objections in the administrative proceeding. The section as amended is proposed to shorten the time frames for submission of evidence to allow more expeditious setting of final hearings. Section 55.203(c) amends the instructions in the form for the Request for Hearing to correspond to the shortened evidentiary submission time frames, and to clarify that a copy of the request and any documentary evidence must be served on the petitioner.

Howard G. Baldwin, Jr., IV-D Director, Child Support Division, has determined that for the first five-year period these sections as proposed are in effect, there will be no fiscal implications for state or local government as a result of enforcing or administering the sections.

Mr. Baldwin also has determined that for each year of the first five years these sections as proposed are in effect, the public benefit anticipated as a result of enforcing the sections is the more expeditious setting of final administrative hearings with the fair opportunity to present relevant, admissible evidence. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the sections as proposed.

Comments may be submitted to Scot M. Doyal, Child Support Division, Administrative Law Section, Office of the Attorney General, (physical address) 5500 East Oltorf, Austin, Texas 78741, or (mailing address) P.O. Box 12017, mail code 073, Austin, Texas, 78711-2017, (512) 460-6530.

The amended sections are proposed under the Family Code, Chapter 232, Suspension of License for Failure to Pay Child Support or Comply with Subpoena, §232.016, which provides the Office of the Attorney General with the authority to prescribe forms and procedures for the implementation of Chapter 232.

The Family Code, Chapter 232, is affected by the amended sections.

Request for Hearing. The request shall take the form as follows:

Figure: 1 TAC §55.203(c)

(d)-(f)

(No change.)

§55.207. Pre-hearing Matters.

(a)

Not later than twenty [ ~~Forty~~ ] days prior to the hearing, each party shall file with the coordinator, and serve on the other parties, a list of witnesses the party will call at the hearing and copies of all documentary evidence to be offered into evidence at the hearing.

(b)

Objections to documentary evidence must be in writing and filed with the coordinator not later than 10 [ 30 ] days prior to the hearing. An administrative law judge designated by the Office of the Administrative Law Judge, Child Support Division, Office of the Attorney General, [ ~~shall rule on evidentiary objections no later than 15 days prior to the hearing. The administrative law judge~~ ] may convene a pre-hearing conference on the evidentiary objections [ ~~prior~~ ] to rule [ ~~ruling~~ ] on the objections , or shall rule on the objections at the hearing .

(c)

(No change.)

(d)

A party must [ ~~will be required to~~ ] obtain permission of the administrative law judge to supplement the list of witnesses or documentary evidence if submitted less than 20 [ 40 ] days prior to the hearing. Objections to such evidence shall be resolved at the hearing.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State, on March 30, 1999.

TRD-9901902

Elizabeth Robinson

Assistant Attorney General

Office of the Attorney General

Earliest possible date of adoption: May 16, 1999

For further information, please call: (512) 460-6530

Part IX. State Aircraft Pooling Board

Chapter 181. General Provisions

1 TAC §§181.1, 181.4, 181.7, 181.8

The State Aircraft Pooling Board proposes amendments to §§181.1, 181.4, 181.7 and 181.8 concerning General Provisions. The amendments are being proposed in order to simplify, clarify and update legal references in the rules of the Board.

Jerry Daniels, Executive Director, 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. Daniels has also determined that for the first five years the rules are in effect the public benefit anticipated as a result of enforcing the rules will be to make the rules easier to follow and understand. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the rules as proposed.

Comments on the proposals may be submitted within thirty days of this publication to Jerry Daniels, State Aircraft Pooling Board, 4900 Old Manor Road, Austin, Texas 78723, 512/477-8900.

The amendments are proposed under Texas Government Code Title 10, Chapter 2205, §2205.010, which provides the Board the authority to adopt rules for conducting business.

There are no other statutes, articles or codes that will be affected by these proposed amendments.

§181.1. Board Meetings - Regular.

The board will meet approximately once each quarter at a time and place to be determined by the chairman. The chairman shall post or cause to be posted with the Office of the Secretary of State the requisite notice so as to comply in all respects with the provisions of the Texas Register and Administrative Code (V.T.C.A., Government Code, Chapter 2001) [ ~~Administrative Procedure and Texas Register Act (Texas Civil Statutes, Article 6252-13a)~~ ] and the Open Meetings Act (V.T.C.A., Government Code, Chapter 551). [ ~~(Texas Civil Statutes, Article 6252-17)~~ ]

§181.4. Agenda.

When deemed necessary by the chairman, an agenda shall be prepared and submitted to the members of the board within a reasonable time [ ~~, but not to exceed 24 hours,~~ ] before the meeting.

§181.7. Access to Information.

The minutes of the meetings of the board shall be open for public inspection at the office of the board during reasonable business hours. [ ~~The rules, minutes, orders, decisions, and policy statements of the board shall be indexed for public access and maintained in the office of the board.~~ ]

§181.8. Charges for services.

The board by order shall approve hourly rates to be charged the agencies using aircraft provided by the board. The approved rates are "dry" rates and include all charges other than fuel. Agency staff may add a component to such hourly rates to recover the cost of fuel and may, from time to time, revise such fuel component to the extent there are substantial fluctuations in fuel prices. [ ~~change hourly rates to the extent there are substantial fluctuations in fuel prices.~~ ]

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State, on March 30, 1999.

TRD-9901901

Jerald A. Daniels

Executive Director

State Aircraft Pooling Board

Earliest possible date of adoption: May 16, 1999

For further information, please call: (512) 477-8900

Part X. Department of Information Resources

Chapter 201. Planning and Management of Information Resources Technologies

1 TAC §201.2

The Department of Information Resources proposes an amendment to §201.2 concerning the department's handling of complaints by consumers and recipients of the department's services and by persons contracting with the department. Through the amendment, the executive director is directed to develop and adopt protest procedures for resolving vendor protests relating to purchasing issues. The procedures, which are to be consistent with state law and the rules of the General Services Commission relating to vendor protests, are to be published by the date of final adoption of this proposed amendment via the world wide web at http://www.dir.state.tx.us. The amendment is proposed in accordance with Texas Government Code §2054.052(a), which provides the department may adopt rules as necessary to implement its responsibilities, and Texas Government Code §2155.076, which requires the each state agency to develop and adopt protest procedures for resolving vendor protests relating to purchasing issues.

William A. Miller, Purchasing Manager, has determined that for each year of the first five years the proposed amendment will be in effect, there will be no fiscal implication for state government as a result of enforcing or administering the amendment. There will be no fiscal implications for local government as a result of enforcing or administering the amendment.

Mr. Miller has determined that for each year of the first five years the proposed amendment will be in effect, there will be a benefit to the public in that there will be a readily accessible, published procedure available to vendors wishing to protest the department's purchasing practices. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the amendment as proposed.

Comments on the proposal may be submitted to C. J. Brandt, Jr., General Counsel, Department of Information Resources, P.O. Box 13564, Austin, Texas 78711, no later than 5 p.m., within 30 days after publication. Envelopes must be clearly marked "Formal Comment to Proposed Action Enclosed."

The new amendment is proposed under Texas Government Code §2054.052(a), which authorizes the department to adopt rules as necessary to carry out its responsibility under the Information Resources Management Act.

Texas Government Code §2155.076 is affected by the proposed amendment.

§201.2.Complaints.

(a)

Consumers and recipients of the department's services and persons contracting with the department shall be provided notice of the name, mailing address and telephone number of an identified employee of the department for the purpose of directing complaints to the department. Notice to such consumers, service recipients or persons contracting with the department shall be provided via the world wide web at the following location: http://www.dir.state.tx.us. In addition, notice to such consumers, service recipients or persons contracting with the department shall be provided by one or more of the following methods and shall be effective if provided by any of the following methods:

(1)

By written notice placed on, attached, or enclosed with each invoice, billing statement, contract or agreement between the department and consumers, service recipients or persons contracting with the department.

(2)

By posting written notice at locations on the department's premises accessible to the department's consumers, service recipients and persons contracting with the department.

(3)

By written notice from the executive director of the department to the director of all state agencies or local governments that are consumers, service recipients or persons contracting with the department.

(b)

The executive director is hereby directed to develop and adopt protest procedures for resolving vendor protests relating to purchasing issues. The procedures must be consistent with applicable state law and with the rules of the General Services Commission relating to vendor protests, and must include standards for maintaining documentation about the purchasing process to be used in the event of a protest. The procedures must be published no later than the date of final adoption of this subsection via the world wide web at the following location: http://www.dir.state.tx.us.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State on April 1, 1999.

TRD-9901959

C.J. Brandt, Jr.

General Counsel

Department of Information Resources

Earliest possible date of adoption: May 16, 1999

For further information, please call: (512) 475-2153

1 TAC §201.9

The Department of Information Resources proposes an amendment to §201.9 concerning board policies. Through the amendment, the board gives delegated authority to the executive director to establish a sick leave pool program, consistent with state law, for employees of the department. The executive director is to serve as the sick leave pool administrator. The amendment is proposed in accordance with Texas Government Code §2054.052(a), which provides the department may adopt rules as necessary to implement its responsibilities, and Texas Government Code §661.002, which requires the governing board of a state agency to establish a sick leave pool program and to adopt rules and prescribe procedures relating to the operation of the sick leave pool.

Shirley Culver, director of the Human Resources Division, has determined that for each year of the first five years the proposed amendment will be in effect, there will be no fiscal implication for state government as a result of enforcing or administering the amendment. There will be no fiscal implications for local government as a result of enforcing or administering the amendment.

Ms. Culver has determined that for each year of the first five years the proposed amendment will be in effect, there will be a benefit to the public in that the well-being and morale of department employees may be enhanced by the availability of the sick leave pool to provide sick leave for employees experiencing catastrophic illness or injury. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the amendment as proposed.

Texas Government Code §661.002 is affected by the proposed amendment.

§201.9. Board Policies.

(a)

The executive director is hereby delegated authority by the board to grant a requesting state agency a compliance waiver from administrative rule, statewide standards, or other board policies. A state agency may request a compliance waiver from administrative rule, statewide standards or other board policy. The agency must clearly demonstrate to the department through written justification any performance or cost advantages to be gained and that the overall economic interests of the state are best served by granting the compliance waiver. The executive director of the department will notify the board when requests for waivers are received.

(b)

The executive director is hereby delegated authority by the board to establish a sick leave pool program for employees of the department. The program must be consistent with the requirements of state law regarding state employee sick leave pools. The executive director is hereby appointed as the sick leave pool administrator. The executive director may designate another employee of the department to serve as the pool administrator under the supervision of the executive director. The pool administrator shall prescribe procedures relating to the operation of the sick leave pool program.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State on April 1, 1999.

TRD-9901953

C.J. Brandt, Jr.

General Counsel

Department of Information Resources

Earliest possible date of adoption: May 16, 1999

For further information, please call: (512) 475-2153