Part I.
Texas Department of Human Services
Chapter 2.
Medically Needy Program
Subchapter A. Program Requirements
40 TAC §2.1002
The Texas Department of Human Services (DHS) proposes to
amend §2.1002, concerning Application Procedures, in its Medically Needy
Program chapter. The purpose of the amendment is to allow an applicant or
recipient of TANF-related medical programs to choose an authorized representative
regardless of the household's ability to conduct business. This change is
based on legal interpretation of the Medicaid federal regulations, and will
make it easier for some families to apply through an authorized representative.
Eric M. Bost, Commissioner, has determined that for the first five-year
period the proposed section will be in effect, there will be no fiscal implications
for state or local governments as a result of enforcing or administering the
section.
Mr. Bost 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 is that households will be able to choose an authorized representative
to apply for and receive their benefits when the applicant or recipient is
unable to do so. This will allow clients to continually receive benefits and
to not have to use public resources for medical care. There will be no adverse
economic effect on small or micro-businesses because this change will allow
TANF-related medical applicants or recipients who need assistance in the application
process to request help from anyone they choose. This will allow them to more
easily participate in TANF-related medical programs. There is no adverse economic
effect on large businesses. There is no anticipated economic cost to persons
who are required to comply with the proposed section.
Questions about the content of this proposal may be directed to Mary Haifley
at (512) 438-2599 in DHS's Texas Works Department. Written comments on the
proposal may be submitted to Supervisor, Rules and Handbooks Unit-248, Texas
Department of Human Services E-205, P.O. Box 149030, Austin, Texas, 78714-9030,
within 30 days of publication in the
Texas Register
.
Under Section 2007.003(b) of the Texas Government Code, the department
has determined that Chapter 2007 of the Government Code does not apply to
this rule. Accordingly, the department is not required to complete a takings
impact assessment regarding this rule.
The amendment is proposed under the Human Resources Code, Title
2, Chapter 32, which provides the department with the authority to administer
medical assistance programs, and under Texas Government Code §531.021,
which provides the Health and Human Services Commission with the authority
to administer federal medical assistance funds.
The amendment implements the Human Resources Code, §§32.001-32.042.
§2.1002.Application Procedures.
Applicants for the Medically Needy Program (MNP) follow the [
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
August 6, 1999.
TRD-9904871
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Earliest possible date of adoption: September 19, 1999
For further information, please call: (512) 438-3765
Subchapter C. The Application Process
40 TAC §3.307
The Texas Department of Human Services (DHS) proposes to
amend §3.307, concerning authorized representative, in its Income Assistance
Services chapter. The purpose of the amendment is to allow an authorized representative
to complete a TANF application for a family when the applicant is incapacitated
or incompetent.
Eric M. Bost, commissioner, has determined that for the first five-year
period the proposed section will be in effect, there will be no fiscal implications
for state or local governments as a result of enforcing or administering the
section.
Mr. Bost 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 this
policy is that households will be able to access the TANF program even if
the head of household is unable to complete the application process due to
incapacity or incompetence. There will be no adverse economic effect on small
or micro-businesses because this change will allow TANF applicants and recipients
who are incapacitated or incompetent to choose someone to assist them in the
application process. There is no adverse economic effect on large businesses.
There is no anticipated economic cost to persons who are required to comply
with the proposed section.
Questions about the content of this proposal may be directed to Mary Haifley
at (512) 438-2599 in DHS's Texas Works Department. Written comments on the
proposal may be submitted to Supervisor, Rules and Handbooks Unit-248, Texas
Department of Human Services E-205, P.O. Box 149030, Austin, Texas 78714-9030,
within 30 days of publication in the
Texas Register
.
Under Section 2007.003(b) of the Texas Government Code, the department
has determined that Chapter 2007 of the Government Code does not apply to
this rule. Accordingly, the department is not required to complete a takings
impact assessment regarding this rule.
The amendment is proposed under the Human Resources Code, Title
2, Chapter 32, which provides the department with the authority to administer
medical assistance programs, and under Texas Government Code §531.021,
which provides the Health and Human Services Commission with the authority
to administer federal medical assistance funds.
The amendment implements the Human Resources Code, §§32.001-32.042.
§3.307.Authorized Representative.
(a)
Temporary Assistance for Needy Families
(TANF). TANF applicants or clients may designate an authorized representative
to apply for and manage benefits on the household's behalf when the household
is unable to conduct business due to incapacity or incompetence.
(b)
Food Stamps.
Food stamp applicants
may designate an authorized representative according to the requirements stipulated
in 7 Code of Federal Regulations §§273.1(f)(1)-(4).
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
August 6, 1999.
TRD-9904872
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Earliest possible date of adoption: September 19, 1999
For further information, please call: (512) 438-3765
Subchapter A. Eligibility Requirements
40 TAC §4.1002
The Texas Department of Human Services (DHS) proposes to
amend §4.1002, concerning application procedures, in its Medicaid Programs--Children
and Pregnant Women chapter. The purpose of the amendment is to allow an applicant
or recipient of TANF-related medical programs to choose an authorized representative
regardless of the household's ability to conduct business. This change is
based on legal interpretation of the Medicaid federal regulations, and will
make it easier for some families to apply through an authorized representative.
Eric M. Bost, commissioner, has determined that for the first five-year
period the proposed section will be in effect, there will be no fiscal implications
for state or local governments as a result of enforcing or administering the
section.
Mr. Bost 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 is that households will be able to choose an authorized representative
to apply for and receive their benefits when the applicant or recipient is
unable to do so. This will allow clients to continually receive benefits and
to not have to use public resources for medical care. There will be no adverse
economic effect on small or micro-businesses because this change will allow
TANF-related medical applicants or recipients who need assistance in the application
process to request help from anyone they choose. This will allow them to more
easily participate in TANF-related medical programs. There is no adverse economic
effect on large businesses. There is no anticipated economic cost to persons
who are required to comply with the proposed section.
Questions about the content of this proposal may be directed to Mary Haifley
at (512) 438-2599 in DHS's Texas Works Department. Written comments on the
proposal may be submitted to Supervisor, Rules and Handbooks Unit-248, Texas
Department of Human Services E-205, P.O. Box 149030, Austin, Texas 78714-9030,
within 30 days of publication in the
Texas Register
.
Under Section 2007.003(b) of the Texas Government Code, the department
has determined that Chapter 2007 of the Government Code does not apply to
this rule. Accordingly, the department is not required to complete a takings
impact assessment regarding this rule.
The amendment is proposed under the Human Resources Code, Title
2, Chapter 32, which provides the department with the authority to administer
medical assistance programs, and under Texas Government Code §531.021,
which provides the Health and Human Services Commission with the authority
to administer federal medical assistance funds.
The amendment implements the Human Resources Code, §§32.001-32.042.
§4.1002.Application Procedures.
Applicants for [
(1)
There are no conditions limiting the designation
of an authorized representative for Medicaid applicants and clients.
(2)
No application is required for children
born to mothers who are eligible for and receiving Medicaid at the time of
the children's birth.
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
August 6, 1999.
TRD-9904873
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Earliest possible date of adoption: September 19, 1999
For further information, please call: (512) 438-3765
Subchapter C. Claims Payment
40 TAC §47.3908
(Editor's note: The text of the following section
proposed for repeal will not be published. The section may be examined in
the offices of the Texas Department of Human Services or in the Texas Register
office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The Texas Department of Human Services (DHS) proposes the repeal
of §47.3908, concerning expedited payment system, in its Primary Home
Care chapter. The purpose of the repeal is to make the expedited payment system
available to Home and Community Support Services (HCSS) agencies that provide
personal assistance services under the Community Based Alternatives (CBA)
Program. This will be accomplished by combining the Primary Home Care expedited
payment system rule with the CBA program rules in the Community Care contracting
chapter. The expedited payment system is an automated payment system developed
to help expedite claims. The system is designed so that the provider agency
receives 80% of its authorization at the beginning of the month after service
delivery. The expedited payment system is available upon request to providers
that have billed for services for 12 consecutive months prior to applying
for participation and have delivered and received payment for 80% of their
authorization for claims processed for three consecutive months preceding
the month of application.
Eric M. Bost, commissioner, has determined that for the first five-year
period the repeal is in effect there will be no fiscal implications for state
or local government as a result of enforcing or administering the section.
Mr. Bost 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 that providers that participate in the expedited payment
system will reduce the turnaround time for reimbursement, thus providing the
agencies with better cash flow and potentially reducing their cost of doing
business. The clients receiving personal attendant services through the participating
agencies will continue to receive attendant services without interruption.
There will be no effect on small or micro-businesses, because participation
in the expedited payment system is optional and available at no cost to the
provider. The section will have a positive effect on small and large businesses
that participate in the expedited payment, as the system expedites the claim
reimbursement process and provides for a better cash flow. There is no anticipated
economic cost to persons who are required to comply with the proposed section.
Under §2007.003(b) of the Texas Government Code, the department has
determined that Chapter 2007 of the Government Code does not apply to this
rule. Accordingly, the department is not required to complete a takings impact
assessment regarding this rule.
Questions about the content of this proposal may be directed to Rudy Gomez,
at (512) 438-3740 in DHS's Community Care Section. Written comments on the
proposal may be submitted to Supervisor, Rules and Handbooks Unit-236, Texas
Department of Human Services E-205, P.O. Box 149030, Austin, Texas 78714-9030,
within 30 days of publication in the
Texas Register
.
The repeal is proposed under the Human Resources Code, Title
2, Chapters 22 and 32, which authorizes the department to administer public
and medical assistance programs; and under Texas Government Code §531.021,
which provides the Health and Human Services Commission with the authority
to administer federal medical assis- tance funds.
The repeal implements the Human Resources Code, §§22.001-22.030
and §§32.001-32.042.
§47.3908.Expedited Payment System.
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
August 3, 1999.
TRD-9904758
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Earliest possible date of adoption: November 1, 1999
For further information, please call: (512) 438-3765
40 TAC §49.10
The Texas Department of Human Services (DHS) proposes new
§49.10, concerning expedited payment system for Community Based Alternatives
and Primary Home Care Personal Assistance Services, in its Contracting for
Community Care Services chapter. The purpose of the new section is to make
the expedited payment system available to Home and Community Support Services
(HCSS) agencies that provide personal assistance services under the Community
Based Alternatives (CBA) Program and/or Primary Home Care. This will be accomplished
by combining the Primary Home Care expedited payment system rule with the
CBA program rules in the Community Care contracting chapter. The expedited
payment system is an automated payment system developed to help expedite claims.
The system is designed so that the provider agency receives 80% of its authorization
at the beginning of the month after service delivery. The expedited payment
system is available upon request to providers that have billed for services
for 12 consecutive months prior to applying for participation and have delivered
and received payment for 80% of their authorization for claims processed for
three consecutive months preceding the month of application.
Eric M. Bost, commissioner, 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. Bost 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 that providers that participate in the expedited payment
system will reduce the turnaround time for reimbursement, thus providing the
agencies with better cash flow and potentially reducing their cost of doing
business. The clients receiving personal attendant services through the participating
agencies will continue to receive attendant services without interruption.
There will be no effect on small or micro-businesses, because participation
in the expedited payment system is optional and available at no cost to the
provider. The section will have a positive effect on small and large businesses
that participate in the expedited payment, as the system expedites the claim
reimbursement process and provides for a better cash flow. There is no anticipated
economic cost to persons who are required to comply with the proposed section.
Under §2007.003(b) of the Texas Government Code, the department has
determined that Chapter 2007 of the Government Code does not apply to this
rule. Accordingly, the department is not required to complete a takings impact
assessment regarding this rule.
Questions about the content of this proposal may be directed to Rudy Gomez,
at (512) 438-3740 in DHS's Community Care Section. Written comments on the
proposal may be submitted to Supervisor, Rules and Handbooks Unit-236, Texas
Department of Human Services E-205, P.O. Box 149030, Austin, Texas 78714-9030,
within 30 days of publication in the
Texas Register
.
The new section is proposed under the Human Resources Code, Title
2, Chapters 22 and 32, which authorizes the department to administer public
and medical assistance programs; and under Texas Government Code §531.021,
which provides the Health and Human Services Commission with the authority
to administer federal medical assistance funds.
The new section implements the Human Resources Code, §§22.001-22.030
and §§32.001-32.042.
§49.10.Expedited Payment System for Community Based Alternatives and Primary Home Care Personal Assistance Services.
(a)
Eligibility for Participation.
(1)
Provider agencies must have billed for services for 12
consecutive months before application. Providers must have delivered and received
payment, after line item rejections, for 80% of their authorization for claims
processed for three service months preceding the month of application.
(2)
For purposes of contract assignments, the following
requirements apply:
(A)
If the assignee is participating in the expedited payment
system, the assignee may continue to participate after the assignment of new
clients.
(B)
If the assignee is not participating in the expedited payment
system and has new clients assigned, the assignee must apply to participate
according to the requirements in paragraph (1) of this subsection.
(b)
Claim Requirements.
(1)
Providers must mail the expedited payment claim by the
20th of the service month.
(2)
Providers must reconcile the previous month's expedited
payment by the 25th of the current month. If a provider's expedited payment
is not liquidated by the date the ceiling is posted for the next payment,
the provider does not receive the next expedited payment.
(3)
Providers must complete and send expedited claims
properly; failure to do so results in rejected claims and no expedited payment
for the month payment is claimed.
(c)
Request to Participate.
(1)
Providers must obtain approval from the Texas Department
of Human Services (DHS) to participate in the expedited payment system.
(2)
Providers wishing to participate in the expedited
payment system must send a written request to DHS. The request must state
when the provider began providing services to DHS clients, the contract number(s),
and a contact person in the provider agency. Requests to participate are considered
on a contract-by-contract basis.
(d)
Billing Options. If a provider agency is billing electronically
and is subsequently enrolled in the expedited payment system, the agency must
continue to bill electronically. Providers may bill by paper or electronically.
(e)
Sanctions.
(1)
Providers who do not comply with the reconciliation requirements
will not receive an expedited payment for at least one month.
(2)
For providers who fail to reconcile the expedited
payment for the previous month by the 25th of the current month, DHS will
cancel participation in the expedited billing system.
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
August 3, 1999.
TRD-9904759
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Earliest possible date of adoption: November 1, 1999
For further information, please call: (512) 438-3765
Chapter 183.
Board for Evaluation of Interpreters and Interpreter Certification
Subchapter A. Definitions and Board Operations
40 TAC §183.1
The Texas Commission for the Deaf and Hard of Hearing is
proposing an amendment to §183.1. This amendment is proposed to update
the verbiage in this section.
David W. Myers, Executive Director, has determined that for each year of
the first five years 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. Myers has also determined that for each year of the first five years
the section is in effect the public benefit anticipated as a result of this
amendment will be a better understanding of the interpreter certification
program. There will be no effect on small businesses. There is no anticipated
economic hardship to persons required to comply with the section as proposed.
Comments on this proposed amendment may be submitted to Angela Bryant,
Texas Commission for the Deaf and Hard of Hearing, P.O. Box 12904, Austin,
Texas 78711-2904.
This amendment is proposed under the Human Resources Code, §81.006(b)(3),
which provides the Texas Commission for the Deaf and Hard of Hearing with
the authority to adopt rules for administration and programs.
No other statute, code or article is affected by this proposed amendment.
§183.1.Purpose.
The rules in this chapter shall [
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 August
9, 1999.
TRD-9904890
David Myers
Executive Director
Texas Commission for the Deaf and Hard of Hearing
Earliest possible date of adoption: September 19, 1999
For further information, please call: (512) 407-3250
40 TAC §183.5
The Texas Commission for the Deaf and Hard of Hearing is
proposing an amendment to §183.5. This amendment is proposed to update
the verbiage in this section.
David W. Myers, Executive Director, has determined that for each year of
the first five years 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. Myers has also determined that for each year of the first five years
the section is in effect the public benefit anticipated as a result of this
amendment will be a better understanding of the interpreter certification
program. There will be no effect on small businesses. There is no anticipated
economic hardship to persons required to comply with the section as proposed.
Comments on this proposed amendment may be submitted to Angela Bryant,
Texas Commission for the Deaf and Hard of Hearing, P.O. Box 12904, Austin,
Texas 78711-2904.
This amendment is proposed under the Human Resources Code, §81.006(b)(3),
which provides the Texas Commission for the Deaf and Hard of Hearing with
the authority to adopt rules for administration and programs.
No other statute, code or article is affected by this proposed amendment.
§183.5.Severability.
If any rule of the Commission or the board, or portion thereof, is
adjudged by a court to be invalid or if any rules of the Commission or the
board, or portion thereof, is not a conformity with applicable statutes or
administrative regulations[
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 August
9, 1999.
TRD-9904892
David Myers
Executive Director
Texas Commission for the Deaf and Hard of Hearing
Earliest possible date of adoption: September 19, 1999
For further information, please call: (512) 407-3250
40 TAC §183.11
The Texas Commission for the Deaf and Hard of Hearing is
proposing an amendment to §183.11. This amendment is proposed to update
and clarify role of board members who serve the Board for Evaluation of Interpreters
certification program.
David W. Myers, Executive Director, has determined that for each year of
the first five years 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. Myers has also determined that for each year of the first five years
the section is in effect the public benefit anticipated as a result of this
amendment will be a better understanding of the interpreter certification
program. There will be no effect on small businesses. There is no anticipated
economic hardship to persons required to comply with the section as proposed.
Comments on this proposed amendment may be submitted to Angela Bryant,
Texas Commission for the Deaf and Hard of Hearing, P.O. Box 12904, Austin,
Texas 78711-2904.
This amendment is proposed under the Human Resources Code, §81.006(b)(3),
which provides the Texas Commission for the Deaf and Hard of Hearing with
the authority to adopt rules for administration and programs.
No other statute, code or article is affected by this proposed amendment.
§183.11.Board Function.
The Board for Evaluation of Interpreters
is an advisory committee
appointed by
[
(1)
[
(2)
to
establish levels of certification
; to
[
(3)
to
determine and establish: method of application;
method of evaluation;
develop
necessary evaluation materials;
develop
appropriate criteria for
scoring evaluations; establish
[
(4)
[
(5)
to make recommendations to the commission
[
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 August
9, 1999.
TRD-9904893
David Myers
Executive Director
Texas Commission for the Deaf and Hard of Hearing
Earliest possible date of adoption: September 19, 1999
For further information, please call: (512) 407-3250
40 TAC §183.18
The Texas Commission for the Deaf and Hard of Hearing proposes
new §183.18. The new section is proposed to update and clarify role of
board members who serve the Board for Evaluation of Interpreters certification
program.
David W. Myers, Executive Director, has determined that for each year of
the first five years 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. Myers has also determined that for each year of the first five years
the section is in effect the public benefit anticipated as a result of this
new section will be a better understanding of the interpreter certification
program. There will be no effect on small businesses. There is no anticipated
economic hardship to persons required to comply with the section as proposed.
Comments on this proposed section may be submitted to Angela Bryant, Texas
Commission for the Deaf and Hard of Hearing, P.O. Box 12904, Austin, Texas,
78711-2904.
This section is proposed under the Human Resources Code, §81.006(b)(3),
which provides the Texas Commission for the Deaf and Hard of Hearing with
the authority to adopt rules for administration and programs.
No other statute, code or article is affected by this proposed section.
§183.18. Impartiality.
(a)
Any member of the board who is unable to be impartial in
the determination of an applicant's eligibility or evaluation shall declare
this to the members and shall not participate in any board proceedings or
evaluations involving that applicant.
(b)
A board member shall not evaluate and shall not participate
in any board proceedings involving any applicant to whom he or she has provided
instruction in interpretation or transliteration within the preceeding six
months.
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
August 6, 1999.
TRD-9904855
David Myers
Executive Director
Texas Commission for the Deaf and Hard of Hearing
Earliest possible date of adoption: September 19, 1999
For further information, please call: (512) 407-3250
40 TAC §183.19
The Texas Commission for the Deaf and Hard of Hearing is
proposing an amendment to §183.19. This amendment is proposed to update
the verbiage in this section.
David W. Myers, Executive Director, has determined that for each year of
the first five years 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. Myers has also determined that for each year of the first five years
the section is in effect the public benefit anticipated as a result of this
amendment will be a better understanding of the interpreter certification
program. There will be no effect on small businesses. There is no anticipated
economic hardship to persons required to comply with the section as proposed.
Comments on this proposed amendment may be submitted to Angela Bryant,
Texas Commission for the Deaf and Hard of Hearing, P.O. Box 12904, Austin,
Texas, 78711-2904.
This amendment is proposed under the Human Resources Code, §81.006(b)(3),
which provides the Texas Commission for the Deaf and Hard of Hearing with
the authority to adopt rules for administration and programs.
No other statute, code or article is affected by this proposed amendment.
§183.19.Compensation.
Board Members
[
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
August 9, 1999.
TRD-9904895
David Myers
Executive Director
Texas Commission for the Deaf and Hard of Hearing
Earliest possible date of adoption: September 19, 1999
For further information, please call: (512) 407-3250
40 TAC §183.23
The Texas Commission for the Deaf and Hard of Hearing is
proposing an amendment to §183.23. This amendment is proposed to update
the verbiage in this section.
David W. Myers, Executive Director, has determined that for each year of
the first five years 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. Myers has also determined that for each year of the first five years
the section is in effect the public benefit anticipated as a result of this
amendment will be a better understanding of the interpreter certification
program. There will be no effect on small businesses. There is no anticipated
economic hardship to persons required to comply with the section as proposed.
Comments on this proposed amendment may be submitted to Angela Bryant,
Texas Commission for the Deaf and Hard of Hearing, P.O. Box 12904, Austin,
Texas, 78711-2904.
This amendment is proposed under the Human Resources Code, §81.006(b)(3),
which provides the Texas Commission for the Deaf and Hard of Hearing with
the authority to adopt rules for administration and programs.
No other statute, code or article is affected by this proposed amendment.
§183.23.Location and Maintenance of Records and Public Information Access.
(a)
All official records of the board [
(b)
The board shall maintain its office within the offices
of the commission, [
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
August 9, 1999.
TRD-9904896
David Myers
Executive Director
Texas Commission for the Deaf and Hard of Hearing
Earliest possible date of adoption: September 19, 1999
For further information, please call: (512) 407-3250
40 TAC §183.25
The Texas Commission for the Deaf and Hard of Hearing is
proposing an amendment to §183.25. This amendment is proposed to update
the verbiage in this section.
David W. Myers, Executive Director, has determined that for each year of
the first five years 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. Myers has also determined that for each year of the first five years
the section is in effect the public benefit anticipated as a result of this
amendment will be a better understanding of the interpreter certification
program. There will be no effect on small businesses. There is no anticipated
economic hardship to persons required to comply with the section as proposed.
Comments on this proposed amendment may be submitted to Angela Bryant,
Texas Commission for the Deaf and Hard of Hearing, P.O. Box 12904, Austin,
Texas, 78711-2904.
This amendment is proposed under the Human Resources Code, §81.006(b)(3),
which provides the Texas Commission for the Deaf and Hard of Hearing with
the authority to adopt rules for administration and programs.
No other statute, code or article is affected by this proposed amendment.
§183.25.Officers and Their Duties.
The board shall elect a chairperson, a vice-chairperson, and a secretary
, each of whom shall
[
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
August 9, 1999.
TRD-9904897
David Myers
Executive Director
Texas Commission for the Deaf and Hard of Hearing
Earliest possible date of adoption: September 19, 1999
For further information, please call: (512) 407-3250
40 TAC §183.29
The Texas Commission for the Deaf and Hard of Hearing is
proposing an amendment to §183.29. This amendment is proposed to update
the verbiage in this section.
David W. Myers, Executive Director, has determined that for each year of
the first five years 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. Myers has also determined that for each year of the first five years
the section is in effect the public benefit anticipated as a result of this
amendment will be a better understanding of the interpreter certification
program. There will be no effect on small businesses. There is no anticipated
economic hardship to persons required to comply with the section as proposed.
Comments on this proposed amendment may be submitted to Angela Bryant,
Texas Commission for the Deaf and Hard of Hearing, P.O. Box 12904, Austin,
Texas, 78711-2904.
This amendment is proposed under the Human Resources Code, §81.006(b)(3),
which provides the Texas Commission for the Deaf and Hard of Hearing with
the authority to adopt rules for administration and programs.
No other statute, code or article is affected by this proposed amendment.
§183.29.Contracted Evaluators.
Contracted evaluators will be composed of interpreters who [
(1)
Qualifications of evaluators. Each evaluator
shall be certified at either Level III, Level IV, or Level V of the certification
program of the commission for at least five years; must be a resident of the
State of Texas; and must have knowledge of linguistics, sign language theory,
and interpreting. Evaluators who are responsible for evaluating the Morphemic
Sign System (MSS), or Signing Exact English II (SEE II) interpreter candidates,
are not required to be certified at Level III, Level IV or Level V interpreter
because only one level of certification is offered by the commission.
(2)
Responsiblities. Evaluate and score
the interpreting and transliterating skills of interpreter candidates; occassionally
administer the written examinations to candidates; attend mandatory evaluator
training annually.
[(1)
Evaluation training. Prior to his/her
first evaluation, each evaluator shall be trained by a current or former member
of the board or a Texas Commission for the Deaf and Hard of Hearing (TCDHH)
certified interpreter appointed by the board.
(2)
Required qualifications of evaluators.
(A)
Evaluator candidates who are hearing must provide proof
of valid certification through TCDHH 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 TCDHH;
(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 qualifications
of evaluators. Attendance or presentations of workshops related to the field
of deafness are preferred. (Linguistics, Sign Language Theory, Interpreting,
etc.).
(4)
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
August 9, 1999.
TRD-9904898
David Myers
Executive Director
Texas Commission for the Deaf and Hard of Hearing
Earliest possible date of adoption: September 19, 1999
For further information, please call: (512) 407-3250
40 TAC §183.33
The Texas Commission for the Deaf and Hard of Hearing is
proposing an amendment to §183.33. This amendment is proposed to update
the verbiage in this section.
David W. Myers, Executive Director, has determined that for each year of
the first five years 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. Myers has also determined that for each year of the first five years
the section is in effect the public benefit anticipated as a result of this
amendment will be a better understanding of the interpreter certification
program. There will be no effect on small businesses. There is no anticipated
economic hardship to persons required to comply with the section as proposed.
Comments on this proposed amendment may be submitted to Angela Bryant,
Texas Commission for the Deaf and Hard of Hearing, P.O. Box 12904, Austin,
Texas, 78711-2904.
This amendment is proposed under the Human Resources Code, §81.006(b)(3),
which provides the Texas Commission for the Deaf and Hard of Hearing with
the authority to adopt rules for administration and programs.
No other statute, code or article is affected by this proposed amendment.
§183.33.Impartiality.
(a)
Any [
(b)
An evaluator shall not evaluate any applicant
to whom he or she has provided instruction in interpretation or transliteration
within the preceeding six months and must declare this conflict of interest
to the evaluation team members or the commission staff. A record must be made
of this abstention.
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
August 9, 1999.
TRD-9904937
David Myers
Executive Director
Texas Commission for the Deaf and Hard of Hearing
Earliest possible date of adoption: September 19, 1999
For further information, please call: (512) 407-3250
40 TAC §183.113
The Texas Commission for the Deaf and Hard of Hearing is
proposing an amendment to §183.113. This amendment is proposed to update
the verbiage in this section.
David W. Myers, Executive Director, has determined that for each year of
the first five years 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. Myers has also determined that for each year of the first five years
the section is in effect the public benefit anticipated as a result of this
amendment will be a better understanding of the interpreter certification
program. There will be no effect on small businesses. There is no anticipated
economic hardship to persons required to comply with the section as proposed.
Comments on this proposed amendment may be submitted to Angela Bryant,
Texas Commission for the Deaf and Hard of Hearing, P.O. Box 12904, Austin,
Texas 78711-2904.
This amendment is proposed under the Human Resources Code, §81.006(b)(3),
which provides the Texas Commission for the Deaf and Hard of Hearing with
the authority to adopt rules for administration and programs.
No other statute, code or article is affected by this proposed amendment.
§183.113.Forfeiture of Application and Fees.
(a)
The fees submitted with the application for evaluation
will be forfeited if an applicant is not
available for evaluation
[
(b)
Failure to appear for a scheduled evaluation without prior
notice will result in forfeiture of the application and fee.
(c)
Failure to Complete a Performance Evaluation.
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 August
9, 1999.
TRD-9904907
David Myers
Executive Director
Texas Commission for the Deaf and Hard of Hearing
Earliest possible date of adoption: September 19, 1999
For further information, please call: (512) 407-3250
40 TAC §183.139
The Texas Commission for the Deaf and Hard of Hearing is
proposing an amendment to §183.139. This amendment is proposed to update
the verbiage in this section.
David W. Myers, Executive Director, has determined that for each year of
the first five years 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. Myers has also determined that for each year of the first five years
the section is in effect the public benefit anticipated as a result of this
amendment will be a better understanding of the interpreter certification
program. There will be no effect on small businesses. There is no anticipated
economic hardship to persons required to comply with the section as proposed.
Comments on this proposed amendment may be submitted to Angela Bryant,
Texas Commission for the Deaf and Hard of Hearing, P.O. Box 12904, Austin,
Texas, 78711-2904.
This amendment is proposed under the Human Resources Code, §81.006(b)(3),
which provides the Texas Commission for the Deaf and Hard of Hearing with
the authority to adopt rules for administration and programs.
No other statute, code or article is affected by this proposed amendment.
§183.139.Certificate Information.
Upon recommendation of the board, the commission shall award certificates
[
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
August 9, 1999.
TRD-9904905
David Myers
Executive Directors
Texas Commission for the Deaf and Hard of Hearing
Earliest possible date of adoption: September 19, 1999
For further information, please call: (512) 407-3250
40 TAC §183.141
The Texas Commission for the Deaf and Hard of Hearing is
proposing an amendment to §183.141. This amendment is proposed to update
the verbiage in this section.
David W. Myers, Executive Director, has determined that for each year of
the first five years 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. Myers has also determined that for each year of the first five years
the section is in effect the public benefit anticipated as a result of this
amendment will be a better understanding of the interpreter certification
program. There will be no effect on small businesses. There is no anticipated
economic hardship to persons required to comply with the section as proposed.
Comments on this proposed amendment may be submitted to Angela Bryant,
Texas Commission for the Deaf and Hard of Hearing, P.O. Box 12904, Austin,
Texas, 78711-2904.
This amendment is proposed under the Human Resources Code, §81.006(b)(3),
which provides the Texas Commission for the Deaf and Hard of Hearing with
the authority to adopt rules for administration and programs.
No other statute, code or article is affected by this proposed amendment.
§183.141.Examples of Interpreting Situations Recommended for Each Skill.
Level Examples of interpreting situations appropriate for each
skill
[
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
August 9, 1999.
TRD-9904908
David Myers
Executive Director
Texas Commission for the Deaf and Hard of Hearing
Earliest possible date of adoption: September 19, 1999
For further information, please call: (512) 407-3250
40 TAC §183.149
The Texas Commission for the Deaf and Hard of Hearing is
proposing an amendment to §183.149. This amendment is proposed to update
the verbiage in this section.
David W. Myers, Executive Director, has determined that for each year of
the first five years 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. Myers has also determined that for each year of the first five years
the section is in effect the public benefit anticipated as a result of this
amendment will be a better understanding of the interpreter certification
program. There will be no effect on small businesses. There is no anticipated
economic hardship to persons required to comply with the section as proposed.
Comments on this proposed amendment may be submitted to Angela Bryant,
Texas Commission for the Deaf and Hard of Hearing, P.O. Box 12904, Austin,
Texas, 78711-2904.
This amendment is proposed under the Human Resources Code, §81.006(b)(3),
which provides the Texas Commission for the Deaf and Hard of Hearing with
the authority to adopt rules for administration and programs.
No other statute, code or article is affected by this proposed amendment.
§183.149.Changes of Name or Address of Certificate Holders.
(a)
A certificate holder shall notify the board of changes
in name or residential address within 90 days of such
changes
[
(b)
Notification of address changes must be mailed to the [
(c)
Notification of name changes must be mailed to the commission
office
and shall include a [
(d)
A payment of appropriate fees must be received by the [
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
August 9, 1999.
TRD-9904910
David Myers
Executive Director
Texas Commission for the Deaf and Hard of Hearing
Earliest possible date of adoption: September 19, 1999
For further information, please call: (512) 407-3250
40 TAC §183.157
The Texas Commission for the Deaf and Hard of Hearing is
proposing an amendment to §183.157. This amendment is proposed to update
the verbiage in this section.
David W. Myers, Executive Director, has determined that for each year of
the first five years 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. Myers has also determined that for each year of the first five years
the section is in effect the public benefit anticipated as a result of this
amendment will be a better understanding of the interpreter certification
program. There will be no effect on small businesses. There is no anticipated
economic hardship to persons required to comply with the section as proposed.
Comments on this proposed amendment may be submitted to Angela Bryant,
Texas Commission for the Deaf and Hard of Hearing, P.O. Box 12904, Austin,
Texas, 78711-2904.
This amendment is proposed under the Human Resources Code, §81.006(b)(3),
which provides the Texas Commission for the Deaf and Hard of Hearing with
the authority to adopt rules for administration and programs.
No other statute, code or article is affected by this proposed amendment.
§183.157.Recertification Process.
The commission has established the following requirements for recertification.
Either direct evaluation of interpreting skills or verification of training
attendance
may
[
(1)
Evaluation of interpreting/transliterating skills. A certificate
holder
may
[
(2)
Verification of training attended or given. In lieu
of evaluation, a certificate holder shall submit documentation of training
attendance or presentations given within the last certification period to
indicate the following:
(A)
Completion of 5.0 CEU's or equivalent in
approved
[
(B)
Completion of 7.5 CEU's or equivalent in
approved
[
(C)
Completion of 10.0 CEU's or equivalent in
approved
[
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
August 9, 1999.
TRD-9904911
David Myers
Executive Director
Texas Commission for the Deaf and Hard of Hearing
Earliest possible date of adoption: September 19, 1999
For further information, please call: (512) 407-3250
40 TAC §183.159
The Texas Commission for the Deaf and Hard of Hearing is
proposing an amendment to §183.159. This amendment is proposed to update
the verbiage in this section.
David W. Myers, Executive Director, has determined that for each year of
the first five years 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. Myers has also determined that for each year of the first five years
the section is in effect the public benefit anticipated as a result of this
amendment will be a better understanding of the interpreter certification
program. There will be no effect on small businesses. There is no anticipated
economic hardship to persons required to comply with the section as proposed.
Comments on this proposed amendment may be submitted to Angela Bryant,
Texas Commission for the Deaf and Hard of Hearing, P.O. Box 12904, Austin,
Texas, 78711-2904.
This amendment is proposed under the Human Resources Code, §81.006(b)(3),
which provides the Texas Commission for the Deaf and Hard of Hearing with
the authority to adopt rules for administration and programs.
No other statute, code or article is affected by this proposed amendment.
§183.159.Continuing Education and Other Experiences Earned.
Continuing education and other experiences must be incurred during
the period that certification is valid. Evidence of the acquisition of these
and all other hours shall be submitted to the
the commission staff
[
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
August 9, 1999.
TRD-9904913
David Myers
Executive Director
Texas Commission for the Deaf and Hard of Hearing
Earliest possible date of adoption: September 19, 1999
For further information, please call: (512) 407-3250
40 TAC §183.165
The Texas Commission for the Deaf and Hard of Hearing is
proposing an amendment to §183.165. This amendment is proposed to update
the verbiage in this section.
David W. Myers, Executive Director, has determined that for each year of
the first five years 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. Myers has also determined that for each year of the first five years
the section is in effect the public benefit anticipated as a result of this
amendment will be a better understanding of the interpreter certification
program. There will be no effect on small businesses. There is no anticipated
economic hardship to persons required to comply with the section as proposed.
Comments on this proposed amendment may be submitted to Angela Bryant,
Texas Commission for the Deaf and Hard of Hearing, P.O. Box 12904, Austin,
Texas 78711-2904.
This amendment is proposed under the Human Resources Code, §81.006(b)(3),
which provides the Texas Commission for the Deaf and Hard of Hearing with
the authority to adopt rules for administration and programs.
No other statute, code or article is affected by this proposed amendment.
§183.165.Failure to Comply with Recertification [
Failure to provide documentation of successful completion of the required
number of continuing education units [
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 August
9, 1999.
TRD-9904926
David Myers
Executive Director
Texas Commission for the Deaf and Hard of Hearing
Earliest possible date of adoption: September 19, 1999
For further information, please call: (512) 407-3250
40 TAC §183.169
The Texas Commission for the Deaf and Hard of Hearing is
proposing an amendment to §183.169. This amendment is proposed to update
the verbiage in this section.
David W. Myers, Executive Director, has determined that for each year of
the first five years 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. Myers has also determined that for each year of the first five years
the section is in effect the public benefit anticipated as a result of this
amendment will be a better understanding of the interpreter certification
program. There will be no effect on small businesses. There is no anticipated
economic hardship to persons required to comply with the section as proposed.
Comments on this proposed amendment may be submitted to Angela Bryant,
Texas Commission for the Deaf and Hard of Hearing, P.O. Box 12904, Austin,
Texas 78711-2904.
This amendment is proposed under the Human Resources Code, §81.006(b)(3),
which provides the Texas Commission for the Deaf and Hard of Hearing with
the authority to adopt rules for administration and programs.
No other statute, code or article is affected by this proposed amendment.
§183.169.Inactive Status of Certificate Holders.
A certificate holder who is not currently employed as an interpreter,
is not engaged in the practice of interpreting in the State of Texas, or is
living outside the State of Texas may request to be placed in inactive status
rather than to recertify. The certificate holder
must
[
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 August
9, 1999.
TRD-9904928
David Myers
Executive Director
Texas Commission for the Deaf and Hard of Hearing
Earliest possible date of adoption: September 19, 1999
For further information, please call: (512) 407-3250
40 TAC §183.303
(Editor's note: The text of the following section proposed for
repeal will not be published. The section may be examined in the offices of
the Texas Commission for the Deaf and Hard of Hearing or in the Texas Register
office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The Texas Commission for the Deaf and Hard of Hearing
is proposing to repeal §183.303 concerning the code of ethics of interpreters.
This section is incorporated into a proposed amendment of another section.
David W. Myers, Executive Director, has determined that for each year of
the first five years the section is repealed there will be no fiscal implications
for state or local government as a result of repealing the section.
Mr. Myers has also determined that for each year of the first five years
the section is repealed the public benefit anticipated as a result of this
amendment will be a better understanding of the interpreter certification
program. There will be no effect on small businesses. There is no anticipated
economic hardship to persons.
Comments on this proposed repeal may be submitted to Angela Bryant, Texas
Commission for the Deaf and Hard of Hearing, P.O. Box 12904, Austin, Texas
78711-2904.
This repeal is proposed under the Human Resources Code, §81.006(b)(3),
which provides the Texas Commission for the Deaf and Hard of Hearing with
the authority to adopt rules for administration and programs.
No other statute, code or article is affected by this proposed repeal.
§183.303.Codes Application.
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 August
6, 1999.
TRD-9904859
David Myers
Executive Director
Texas Commission for the Deaf and Hard of Hearing
Earliest possible date of adoption: September 19, 1999
For further information, please call: (512) 407-3250
40 TAC §183.505
The Texas Commission for the Deaf and Hard of Hearing is
proposing an amendment to §183.505. This amendment is proposed to update
the verbiage in this section.
David W. Myers, Executive Director, has determined that for each year of
the first five years 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. Myers has also determined that for each year of the first five years
the section is in effect the public benefit anticipated as a result of this
amendment will be a better understanding of the interpreter certification
program. There will be no effect on small businesses. There is no anticipated
economic hardship to persons required to comply with the section as proposed.
Comments on this proposed amendment may be submitted to Angela Bryant,
Texas Commission for the Deaf and Hard of Hearing, P.O. Box 12904, Austin,
Texas 78711-2904.
This amendment is proposed under the Human Resources Code, §81.006(b)(3),
which provides the Texas Commission for the Deaf and Hard of Hearing with
the authority to adopt rules for administration and programs.
No other statute, code or article is affected by this proposed amendment.
§183.505.Certificate Holders' Rights to Information Regarding Revocation and Suspension.
(a)
A
certificate
[
(1)
informed of the reason for the proposed action;
(2)
informed of the proposed time and place of the hearing
on the violation;
(3)
informed of his or her right to request probation
in lieu of suspension or revocation;
(4)
provided a copy of the hearing procedures consistent
with the Administrative Procedure [
(b)
If a hearing is not requested, the matter will be scheduled
as an agenda item at the next regular meeting of the commission.
(c)
If a hearing is requested, the interpreter or applicant
will have an opportunity to present evidence and testimony to an administrative
law judge of the State Office of Administrative Hearings in a hearing held
in accordance with the rules of that office. The rules of the State Office
of Administrative Hearings, 1 TAC §155.1, et seq. are hereby adopted
by reference as the hearing rules for the Commission.
(d)
Following the hearing, if held, the commission shall consider
the recommendation of the Administrative Law Judge and shall make a determination
of the penalty to be imposed, if any.
(e)
The
certificate holder
[
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 August
9, 1999.
TRD-9904916
David Myers
Executive Director
Texas Commission for the Deaf and Hard of Hearing
Earliest possible date of adoption: September 19, 1999
For further information, please call: (512) 407-3250
40 TAC §183.571
The Texas Commission for the Deaf and Hard of Hearing is
proposing an amendment to §183.571. This amendment is proposed to update
the verbiage in this section.
David W. Myers, Executive Director, has determined that for each year of
the first five years 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. Myers has also determined that for each year of the first five years
the section is in effect the public benefit anticipated as a result of this
amendment will be a better understanding of the interpreter certification
program. There will be no effect on small businesses. There is no anticipated
economic hardship to persons required to comply with the section as proposed.
Comments on this proposed amendment may be submitted to Angela Bryant,
Texas Commission for the Deaf and Hard of Hearing, P.O. Box 12904, Austin,
Texas 78711-2904.
This amendment is proposed under the Human Resources Code, §81.006(b)(3),
which provides the Texas Commission for the Deaf and Hard of Hearing with
the authority to adopt rules for administration and programs.
No other statute, code or article is affected by this proposed amendment.
§183.571.Collection and Application of Fees.
[
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 August
9, 1999.
TRD-9904919
David Myers
Executive Director
Texas Commission for the Deaf and Hard of Hearing
Earliest possible date of adoption: September 19, 1999
For further information, please call: (512) 407-3250
40 TAC §183.575
The Texas Commission for the Deaf and Hard of Hearing is
proposing an amendment to §183.575. This amendment is proposed to update
the verbiage in this section.
David W. Myers, Executive Director, has determined that for each year of
the first five years 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. Myers has also determined that for each year of the first five years
the section is in effect the public benefit anticipated as a result of this
amendment will be a better understanding of the interpreter certification
program. There will be no effect on small businesses. There is no anticipated
economic hardship to persons required to comply with the section as proposed.
Comments on this proposed amendment may be submitted to Angela Bryant,
Texas Commission for the Deaf and Hard of Hearing, P.O. Box 12904, Austin,
Texas, 78711-2904.
This amendment is proposed under the Human Resources Code, §81.006(b)(3),
which provides the Texas Commission for the Deaf and Hard of Hearing with
the authority to adopt rules for administration and programs.
No other statute, code or article is affected by this proposed amendment.
§183.575.[
(a)
Fees cannot be refunded nor prorated.
(b)
Any interpreter [
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
August 9, 1999.
TRD-9904921
David Myers
Executive Director
Texas Commission for the Deaf and Hard of Hearing
Earliest possible date of adoption: September 19, 1999
For further information, please call: (512) 407-3250
40 TAC §183.579
The Texas Commission for the Deaf and Hard of Hearing is
proposing an amendment to §183.579. This amendment is proposed to update
the verbiage in this section.
David W. Myers, Executive Director, has determined that for each year of
the first five years 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. Myers has also determined that for each year of the first five years
the section is in effect the public benefit anticipated as a result of this
amendment will be a better understanding of the interpreter certification
program. There will be no effect on small businesses. There is no anticipated
economic hardship to persons required to comply with the section as proposed.
Comments on this proposed amendment may be submitted to Angela Bryant,
Texas Commission for the Deaf and Hard of Hearing, P.O. Box 12904, Austin,
Texas, 78711-2904.
This amendment is proposed under the Human Resources Code, §81.006(b)(3),
which provides the Texas Commission for the Deaf and Hard of Hearing with
the authority to adopt rules for administration and programs.
No other statute, code or article is affected by this proposed amendment.
§183.579.Returned Checks [
(a)
A fee of
$25
[
(b)
Evaluation results will be withheld until
each returned check is appropriately paid along with the returned check fee.
(c)
A returned check may result in the revocation
of a certificate if the returned check is not appropriately paid within 10
days of notification from the commission.
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
August 9, 1999.
TRD-9904922
David Myers
Executive Director
Texas Commission for the Deaf and Hard of Hearing
Earliest possible date of adoption: September 19, 1999
For further information, please call: (512) 407-3250
same
] application procedures
for Temporary Assistance for Needy
Families (TANF) described in §3.301(a)(1) through §3.301(a)(3);
§3.301(a)(5); §3.301(b); §3.301(c) of this title (relating
to Responsibilities of Clients and the Texas Department of Human Services
(DHS)); §3.302 of this title (relating to Definitions Relating to the
Application Process); §3.303(a) of this title (relating to Receipt of
Application-Acceptability Factors); §3.304(a) of this title (relating
to Application Interview); and §3.307(a) of this title (relating to Authorized
Representative), except that there are no conditions limiting the designation
of an authorized representative for medically needy applicants and clients
[
outlined in the Aid to Families with Dependent Children (AFDC)
Program rules
].
Chapter 3.
Income Assistance Services
Chapter 4.
Medicaid Programs--Children and Pregnant Women
the
] Medicaid programs follow the [
same
] application procedures
for Temporary Assistance for Needy
Families (TANF) described in §3.301(a)(1)-(3); §3.301(a)(5); §3.301(b);
§3.301(c) of this title (relating to Responsibilities of Clients and
the Texas Department of Human Services (DHS)); §3.302 of this title (relating
to Definitions Relating to the Application Process); §3.303(a) of this
title (relating to Receipt of Application-Acceptability Factors); §3.304(a)
of this title (relating to Application Interview); and §3.307(a) of this
title (relating to Authorized Representative), with the following exceptions:
[
outlined in the Aid to Families with Dependent Children (AFDC)
Program rules, except that no application is required for children born on
or after May 1, 1991, to mothers who are eligible for and receiving Medicaid
at the time of the children's birth.
]
Chapter 47.
Primary Home Care
Chapter 49.
Contracting for Community Care Services
Part VI.
Texas Commission for the Deaf and Hard of Hearing
be to
] set out the organization
and administration and other general procedures [
and practices
]
governing the operation of the certification program [
and certificates
] for interpreters for the deaf
and hard of hearing
in the
State of Texas.
,
] of the state, that judgment does
not affect the
validity of the
remainder of [
the
] rules
in this chapter.
of
] the Texas Commission for the Deaf and Hard
of Hearing
. The Board
is responsible for developing a program for
certification of interpreters for the deaf in the State of Texas. The board
shall also
recommend to the commission
:
recommend to the commission
] any rules which
are necessary for the performance of its duties
or the program
and which are consistent with the laws of this state;
,
] determine skill levels of interpreters
; to
[
,
] train
evaluators
and
to oversee
[
evaluate evaluators, administer and supervise
] the evaluations
conducted by teams of evaluators
;
[
,
] and
to recommend
interpreters for certification
[
certify interpreters for
]
by the
commission
[
State of Texas
];
the evaluation teams
] the term of the certification;
establish
procedures for grievance;
establish
procedures
for revocation, suspension, or cancellation of certification;
establish
procedures for certification renewal; and any other pertinent activities
relevant to the certification of interpreters;
have the authority and responsibility
]
to make recommendations to the commission for approval regarding [
the
charging of
] fees for [
the
] evaluation and renewal of certification
[
of interpreters for the deaf and hard of hearing
];
recommend, for commission
] approval[
,
]
to establish
ad hoc
committees[
,advisory groups, or task forces
] to assist
in the consideration of pertinent matters. These groups shall make recommendations
to the board for its consideration and
approval
[
vote
].
Each board member or committee member
] shall
not
receive
any
[
no
] compensation
for
their
[
his or her
] services, but can receive reimbursement
for actual and necessary expenses in performing the duties of
the
[
his or her
] office, subject to current funding patterns of the
commission.
Committee
[
The committee
] members must receive
prior approval to be reimbursed for expenses incurred while attending
a
[
the
] board
meeting
[
meetings
]. [
Such travel expense reimbursement shall be in compliance with the latest travel
regulations published by the Comptroller of Public Accounts.
]
and advisory committees
including application materials
] except files containing information
considered confidential shall be open for public inspection during regular
office hours as covered under the provisions of the
Public Information
Act, Texas Government Code, Chapter 552
[
Open Records Act, Texas
Civil Statutes, Article 6252-17a
].
and
] preserve a record of its proceedings and
minutes,
and preserve
a record of evaluations, and scoresheets
for at least three years after the date of evaluation. The record shall show
the name of the candidate, address, phone number, date and place evaluated,
and names of evaluation team
members
. Records shall indicate applicant
denial or the level of certification awarded. Records will be used by the
commission to compile a directory of certified interpreters. The directory
will be made available to individuals and groups requesting such information.
to
] serve for one year.
The election
shall be held at the first regular meeting following March 1.
have
applied to be evaluators and
] have been interviewed,
selected,
[
tested, evaluated,
] trained[
, and appointed
]
by the board
,
and
appointed
[
approved
] by
the commission [
for the purpose of conducting evaluations of interpreting
skills to determine the qualifications of interpreters. The contracted evaluators
function under the supervision of the board
].
Responsibilities. Evaluators are responsible
for conducting and scoring evaluations at levels assigned by the board.
member of the board or contracted
] evaluator who is unable to be impartial in the determination of an
applicant's [
eligibility or
] evaluation shall declare this
conflict of interest
to the
evaluation team members or the commission
staff
[
board
] and shall not participate in any board proceedings
or evaluations involving that applicant.
A record must be made of this
abstention.
Subchapter B. Certification Procedures
evaluated
] within
12
[
18
] months of the
application date.
of skill level
] to interpreters based on [
testing and
]
evaluation
results
,
application
[
validation of
certificate
] for reciprocity, or for satisfying renewal requirements.
The certificate shall state the
effective date and
level of certification
awarded
[
acquired
] and the date of expiration. Certificates
shall be signed by the
board
chairperson [
of the Board for
Evaluation of Interpreters
], the executive director of the
commission
[
Texas Commission for the Deaf and Hard of Hearing
], and
the chairperson of the
commission
[
Texas Commission for the
Deaf and Hard of Hearing
].
skills
] level may be obtained by contacting the
TCDHH
[
Texas Commission for the Deaf and Hard of Hearing
]
at P.O. Box 12904, Austin, Texas 78711, or by telephoning (512) [
444-3323
]
407-3250 voice or (512) 407-3251 TTY.
[
or requesting
a copy of Directory of Sign Language/Oral Interpreters and Interpreter Services
Listings in Texas.
]
change(s)
].
office of
] the commission
office
and shall include a complete
mailing address, including zip code.
notarized
] copy of a marriage
certificate or court decree evidencing such change.
office of
] the commission
office
prior to a replacement certificate
being issued with the requested change. The renewal date will remain the same.
can
] be used for recertification.
can
] apply for recertification by taking
the same level evaluation or the next level of evaluation.
any professional
] training related to professional ethics,
the field of interpreting, standards of interpreting practice
,
or other pre-approved topics.
any professional
] training related to professional ethics,
the field of interpreting, standards of interpreting practice , or other pre-approved
topics beginning
January 1,
[
in
] 2001.
any professional
] training related to professional ethics,
the field of interpreting, standards of interpreting practice, or other pre-approved
topics beginning
January 1,
[
in
] 2003.
board
] with the recertification application and fee.
Maintenance/Renewal ] Requirements.
and/or experiences
] at the
time of recertification is grounds for
denial
[
refusal
]
of recertification [
by the commission
].
shall
] submit application forms and payment of the appropriate fee to request
placement in inactive status. Inactive status is granted for a 12-month period
and maybe extended each year if the certificate holder continues to remain
eligible. The commission does not require continuing education credits during
the period of inactive status.
Subchapter C. Standards of Ethical Behavior for Interpreters
Subchapter D. Denial, Suspension, or Revocation of a Certificate
Certificate
] holder
is entitled to a hearing before the commission suspends or revokes [
his or her
] certification. The certificate holder is entitled to be:
and Texas Register
] Act (Texas
Government Code 2001.001, et seq.)
interpreter
]
or applicant or the commission staff may request an informal conference to
discuss the matter prior to the hearing.
Subchapter E. Fees
Payment of fees for certification evaluation application, annual
validation/maintenance, recertification, reciprocity, late validation, reissuance,
and other applicable items will be received by the Texas Commission for the
Deaf and Hard of Hearing and deposited in the state treasury.
] All
fees collected [
during a fiscal year
] will be applied to the [
Board for Evaluation of Interpreters
] certification program. All fees
are established by the commission upon recommendation of the board.
Special Cases, ] Proration, and Refund [ Refunds ] of Fees
or applicant
] who has had his
or her certificate suspended or revoked is not entitled to a refund.
Check Fee ].
$15
] will
be charged for each returned check.
Subchapter F. Publications