Part IV.
Texas Commission for the Blind
Chapter 161.
Appeals and Hearing Procedures
The Texas Commission for the Blind proposes the amendment of §161.13,
the repeal of §161.43, §161.44, and new §§161.43-161.45.
These changes to the agency's appeals and hearing rules for the Vocational
Rehabilitation Program are required by the 1998 amendments to the Rehabilitation
Act of 1973.
Section 161.13, pertaining to filing a request for review, is being amended
to add notice that the appellant has the right to request mediation.
Sections 161.43 and 161.44, pertaining to action by the executive director
after hearings, are being repealed because the authority of the executive
director to review decisions of hearing officers was removed in the federal
amendments.
New §161.43 and §161.44 contain federal requirements pertaining
to implementation of decisions and the rights of parties aggrieved by final
decisions to bring a civil action for review of the decision.
Amendments to the Act require the agency to offer mediation as an option
for resolving disputes. New §161.45 contains conforming mediation procedures.
Ernest Pereyra, Deputy Director of Administration and Finance, has determined
that for the first five years the rules are in effect there will be no fiscal
implications for state or local governments as a result of the rules.
Mr. Pereyra has also determined that for each year of the first five years
the rules as proposed are in effect the public benefits anticipated as a result
of the rules will be appeals and hearing rules that provide consumers applying
for and receiving vocational rehabilitation services with the full benefits
of federal law. The addition of mediation as an option may also result in
instances of greater consumer satisfaction with outcomes of appeals.
There will be no effect on small businesses. There is no anticipated economic
cost to individuals as a result of the proposal.
Questions about the content of this proposal may be directed to Jean Crecelius
at (512) 459-2611 and written comments on the proposal may be submitted to
Policy and Rules Coordinator, P. O. Box 12866, Austin, Texas 78711, within
30 days from the date of this publication.
Subchapter A. Vocational Rehabilitation Program
40 TAC §161.13
The amendment is proposed under Human Resources Code, Title
5, §91.011, which authorizes the Commission to adopt rules prescribing
the policies and procedures followed by the Commission in the administration
of its programs.
No other statutes are affected by the proposal.
§161.13. Filing a Request for Review.
(a)
(No change.)
(b)
Upon receiving a request for review, the rehabilitation
counselor shall, no later than the next working day, mail the appellant:
(1)
(No change.)
(2)
a form requesting the appellant's consent for the
release of such information as is necessary for the conduct of a hearing;
[
(3)
a copy of applicable hearing procedures [
(4)
notice that the appellant
has the right to request mediation procedures.
(c)
(No change.)
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
May 26, 1999.
TRD-9903155
Terrell I. Murphy
Executive Director
Texas Commission for the Blind
Earliest possible date of adoption: July 11, 1999
For further information, please call: (512) 459-2611
40 TAC §161.43, §161.44
(Editor's note: The text of the following sections proposed for
repeal will not be published. The sections may be examined in the offices
of the Texas Commission for the Blind or in the Texas Register office, Room
245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The repeals are proposed under Human Resources Code,
Title 5, §91.011, which authorizes the Commission to adopt rules prescribing
the policies and procedures followed by the Commission in the administration
of its programs.
No other statutes are affected by the proposal.
§161.43. Action by the Executive Director.
§161.44. Implementation of Decision.
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
May 26, 1999.
TRD-9903154
Terrell I. Murphy
Executive Director
Texas Commission for the Blind
Earliest possible date of adoption: July 11, 1999
For further information, please call: (512) 459-2611
40 TAC §§161.43-161.45
The new rules are proposed under Human Resources Code, Title
5, §91.011, which authorizes the Commission to adopt rules prescribing
the policies and procedures followed by the Commission in the administration
of its programs.
No other statutes are affected by the proposal.
§161.43. Implementation of Final Decision.
If a party brings a civil action to challenge a final decision of a
hearing officer, the final decision involved shall be implemented pending
review by the court.
§161.44. Appeal of Final Decision.
Any party aggrieved by a final decision may bring a civil action for
review of such decision. The action may be brought in any State court of competent
jurisdiction or in a district court of the United States of competent jurisdiction
without regard to the amount in controversy.
§161.45. Mediation Procedures.
(a)
An applicant or eligible individual who is seeking a review
under the provisions of this subchapter may request mediation to resolve the
dispute. The Commission, with the consent of the applicant or eligible individual,
may also originate the request for mediation.
(b)
Mediation is voluntary on the part of the parties and
must not be used to deny or delay the right of an individual to a hearing
under this subsection, or to deny any other right afforded by the Rehabilitation
Act, and is conducted by a qualified and impartial mediator who is trained
in effective mediation techniques.
(c)
All costs related to the mediation process shall be borne
by the agency.
(d)
Upon receiving a request for mediation, the Executive
Director shall either:
(1)
select an individual from a list of qualified mediators
who are knowledgeable in laws and regulations relating to the provision of
vocational rehabilitation services, or
(2)
inform the consumer that the agency does not believe
mediation will be effective in resolving the dispute and the agency cannot
voluntarily participate in the mediation process.
(e)
Sessions in the mediation process shall be coordinated
by the mediator in a timely manner at a location convenient to both parties
in the dispute.
(f)
All discussions that occur during the mediation sessions
are confidential and may not be used as evidence in any subsequent due process
hearing or civil proceeding. The mediator may require the parties to sign
a confidentiality pledge prior to the commencement of the mediation process.
(g)
Any agreement reached through the mediation process shall
be documented in a written mediation agreement and signed by the parties to
the dispute. The agreement then becomes a part of the consumer record.
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
May 26, 1999.
TRD-9903153
Terrell I. Murphy
Executive Director
Texas Commission for the Blind
Earliest possible date of adoption: July 11, 1999
For further information, please call: (512) 459-2611
Chapter 175.
General Rules of the Veterans Land Board
40 TAC §§175.2, 175.20, 175.24
The Veterans Land Board (board) proposes amendments to §175.2,
concerning Application/Eligibility, §175.20, concerning Delinquencies
and Forfeiture Procedures, and §175.24, concerning Enhanced Loan Amount.
The proposed amendments eliminate the distinction in eligibility requirements
between the regular armed services and reservists, provide for multiple participation
in the land program, and authorize the sending of forfeiture notices by certified
mail.
David Gloier, deputy commissioner for the board 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
these amendments.
Mr. Gloier also has determined that for the first five-year period the
rules are in effect the public benefit anticipated as a result of enforcing
the rule will be that the class of eligible veterans will expand to include
reservists. Individuals who have previously participated in the program and
successfully repaid their loans will also be eligible for an additional loan,
as a veteran. There is no anticipated economic cost to individuals or small
businesses that are required to comply with the amendment as proposed.
Interested persons may submit written comments on the proposed amendments
to Ms. Carol Milner, Texas Register Liaison, General Land Office, 1700 North
Congress Avenue, Room 626, Austin, Texas 78701-1495. Comments are due no later
than 5:00 p.m., Monday, July 12, 1999.
These amendments are proposed under the provisions of Texas Natural
Resources Code, §161.061 and §161.063, which provide the board with
the authority to adopt rules that it considers necessary or advisable to ensure
the proper administration of the Veterans Land Program.
Texas Natural Resources Code, §§161.001, 161.236, and 161.312
are affected by these amendments.
§175.2.Application/Eligibility.
(a)
(No change.)
(b)
For purposes of this program, a veteran is someone who:
(1)-(2)
(No change.)
(3)
has served not less than 90 consecutive days
of active duty or active duty training time
in the Army, Navy, Air Force,
Coast Guard, Marine Corps, [
(4)
has not been dishonorably discharged;
[
(5)
[
(6)
[
(A)
For purposes of this chapter, bona fide resident means
a person actually living in the State of Texas, with the intention to remain.
(B)
Legal resident, as used in this chapter, means someone
who actually resides within the State of Texas, or who has only been absent
from the state due to military service or for some other involuntary reason,
yet who has maintained his or her residence in the state. Texas residency
may be documented by submitting one or more of the following:
(i)
Texas driver's licenses, or identification cards issued
by the Texas Department of Public Safety;
(ii)
Texas voter registration cards;
(iii)
Texas motor vehicle registrations;
(iv)
receipts for the payment of mortgage, rent, or utilities,
showing the veteran's name and address;
(v)
Texas property tax receipts;
(vi)
payroll checks, employment records, or retirement checks
containing the veteran's name and address; or
(vii)
any other documentation that the board deems appropriate.
(C)
The board may require the applicant to execute an affidavit
of Texas residency on a form prescribed by the board. This affidavit shall
be necessary if:
(i)
there is a question about a veteran's bona fide residence
at the time of entry into military service; or
(ii)
there is a question about the veteran's bona fide residence
at the time he seeks to participate in the program; or
(iii)
the applicant was not a bona fide resident of Texas
at the time of entry into the service, but has been a legal resident of the
state at least five years immediately prior to making application.
(c)
(No change.)
(d)
A person may
only have one loan at a
time as a veteran. However, once that loan is paid in full he or she may apply
for an additional loan as a veteran. The foregoing notwithstanding, an individual
who is currently participating in the program as a veteran may take an assignment
of a contract or contracts as a non-veteran and may bid on a tract or tracts
at a forfeited land sale as a non-veteran
[
(e)
If an eligible Texas veteran dies after he has filed an
application and contract of sale with the board, but before the purchase has
been completed, the surviving spouse may complete the transaction. In addition,
the unmarried surviving spouse of a veteran who dies in the line of duty or
is
identified as
missing in action shall be eligible to participate
in the program if the following requirements are satisfied:
(1)-(3)
(No change.)
(4)
the deceased veteran had served on active duty
or active duty for training
in the Army, Navy, Air Force, Coast Guard,
Marine Corps, [
[
(5)
[
(f)-(k)
(No change.)
§175.20. Delinquencies and Forfeiture Procedures.
(a)-(b)
(No change.)
(c)
Forfeiture.
(1)
(No change.)
(2)
The board must give 30 days written notice to the
borrower, the original veteran purchaser (if different from the borrower)
and all board approved assignees of the original veteran purchaser, if any,
and must specify the reason why the contract is subject to forfeiture. This
notice will be sent by
certified
[
(3)-(5)
(No change.)
(d)-(e)
(No change.)
§175.24.Enhanced Loan Amount.
An eligible veteran [
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
May 28, 1999.
TRD-9903172
Larry R. Soward
Chief Clerk, General Land Office
Veterans Land Board
Earliest possible date of adoption: July 11, 1999
For further information, please call: (512) 305-9129
40 TAC §177.5, §177.6
The Veterans Land Board (board) proposes amendments to §177.5,
concerning Loan Eligibility Requirements, and §177.6, concerning Application
Procedures. The proposed amendments eliminate the distinction in eligibility
requirements between the regular armed services and reservists, and provide
for multiple participation in the housing program.
David Gloier, deputy commissioner for the board 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. Gloier has determined that there will be no impact on a local
economy, and as such a local economic impact statement is not required.
Mr. Gloier also has determined that for the first five-year the rules are
in effect the public benefit anticipated as a result of enforcing the rule
will be that the class of eligible veterans will expand to include reservists.
Individuals who have previously participated in the program and successfully
repaid their loans will also be eligible for an additional loan, as a veteran.
There is no anticipated economic cost to individuals or small businesses who
are required to comply with the amendment as proposed.
Interested persons may submit comments on the proposed amendments to Ms.
Carol Milner, Texas Register Liaison, General Land Office, 1700 North Congress
Avenue, Room 626, Austin, Texas 78701-1495. Comments must be submitted by
5:00 p.m., Monday, July 12, 1999.
These amendments are proposed under the provisions of Texas Natural
Resources Code, §162.003, which authorizes the board to change the definition
of a veteran as necessary or appropriate to protect the best interest of the
program, and which also authorizes the board to adopt rules governing the
administration of the fund.
Texas Natural Resources Code, §162.001 and §162.011 are affected
by these amendments.
§177.5.Loan Eligibility Requirements.
(a)
(No change.)
(b)
For purposes of this program a veteran is someone who:
(1)-(3)
(No change.)
(4)
has served not less than 90 continuous days
of active duty or active duty training time
in the Army, Navy, Air Force,
Coast Guard, Marine Corps, [
(5)
has not been dishonorably discharged from military
service;
(6)
was
a
bona fide resident of Texas at the
time of enlistment, induction, commissioning, or drafting; or, has resided
in Texas continuously for at least two years immediately before the date of
application for a loan;
(A)-(B)
(No change.)
(7)
[
(c)
If a veteran dies after the date of filing an application
for a loan and before the transaction has been completed, the surviving spouse
shall be eligible to complete that transaction if the spouse otherwise meets
the qualification requirements of the participating lending institution. In
addition, the unmarried surviving spouse of a veteran who dies in the line
of duty or is
identified as
missing in action shall be eligible
to participate in the program if the following requirements are satisfied:
(1)-(3)
(No change.)
(4)
the deceased veteran had served on active duty
or active duty for training
in the Army, Navy, Air Force, Coast Guard,
Marine Corps, [
[
(5)
[
(d)
A veteran may be able to obtain more than one housing
assistance loan under this chapter, provided that all previous loans have
been repaid in full and that only one home may be financed by a veteran at
any time.
[
(e)
(No change.)
§177.6. Application Procedures.
(a)-(b)
(No change.)
(c)
For each application approved by the commission, the board's
staff will determine if the veteran has previously participated in either
the Veterans Land Program or the Veterans Housing Assistance Program. If the
veteran has no previous participation,
or has satisfactorily paid in
full all prior loans,
the chairman will notify the administrator of
its approval of the board's portion of the loan. [
(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 legal authority to adopt.
Filed with the Office of the Secretary of State, on
May 28, 1999.
TRD-9903171
Larry R. Soward
Chief Clerk, General Land Office
Veterans Land Board
Earliest possible date of adoption: July 11, 1999
For further information, please call: (512) 305-9129
40 TAC §177.14
The Veterans Land Board (board) proposes new §177.14,
concerning Loan Amounts. The proposed rule provides that the board will, by
resolution, establish the maximum amount available to veterans for acquisition
of a home.
David Gloier, deputy commissioner for the Veterans Land Board has determined
that for the first five-year period the rule is in effect there will be no
fiscal implications for state or local government as a result of enforcing
or administering this rule. Mr. Gloier has determined that there will be no
impact on a local economy, and as such a local economic impact statement is
not required.
Mr. Gloier also has determined that for the first five-year period the
rule is in effect the public benefit anticipated as a result of enforcing
the section would be the enhanced benefit of the veterans housing assistance
program to veterans. There is no anticipated economic cost to individuals
or small businesses that are required to comply with the rule as proposed.
Interested persons may submit comments on the proposed rule to Ms. Carol
Milner, Texas Register Liaison, General Land Office, 1700 North Congress Avenue,
Room 626, Austin, Texas 78701-1495. Comments are due no later than 5:00 p.m.,
Monday, July 12, 1999.
This new section is proposed under the provisions of Texas Natural
Resources Code, §162.001, which authorizes the board to change the definition
of a veteran as necessary or appropriate to protect the best interest of the
program, and Texas Natural Resources Code, §162.003, which authorizes
the board to adopt rules governing the administration of the fund.
Texas Natural Resources Code, §162.011 is affected by this rule.
§177.14.Loan Amounts.
The maximum amount that an individual will be able to borrow under
this chapter will be established by resolution of the board, from time to
time. Provided however, the maximum loan amount may not exceed the maximum
allowable loan amount under the United States Department of Veterans Affairs
Home Loan Guaranty Program. In the case of a home improvement loan, the maximum
loan amount may not exceed the maximum amount allowable under Hud-Title 1
guidelines for home improvement loans.
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
May 28, 1999.
TRD-9903173
Larry R. Soward
Chief Clerk, General Land Office
Veterans Land Board
Earliest possible date of adoption: July 11, 1999
For further information, please call: (512) 305-9129
Chapter 839.
Welfare to Work
Subchapter C. Welfare to Work Grievance Procedures
and
]
.
]
; and
Part V.
Veterans Land Board
or
] United States Public Health Service,
or reserve component of one of the listed branches of service,
unless
discharged earlier because of a service-connected disability, which service
must have been after September 16, 1940, [
or have completed 20 years
of active or reserve military service in any of the above branches of service,
as computed when determining the person's eligibility to receive retired pay,
] or have enlisted or received an appointment in the Texas National
Guard after completing all initial active duty training required as a condition
of enlistment or appointment, and who has not been dishonorably discharged
from the Texas National Guard.
(5)
has not previously participated in
the land or housing program as a veteran. For purposes of this chapter one
may have participated in the Veterans housing assistance program, including
its home improvement loan component, and still be eligible for participation
in the Veterans land program. However, an eligible veteran is entitled to
no more than one of each kind of loan as a veteran purchaser/borrower.
]
(6)
] was a bona fide resident
of the State of Texas at the time of his or her enlistment, induction, commissioning,
or drafting, or have been a legal resident of Texas at least two years immediately
prior to the date of filing his or her application; and,
(7)
] is a bona fide resident
of Texas at the time the application is filed.
participate in the program
as a veteran one time only. Such participation may be by way of an original
contract, taking an assignment of contract, or by successfully bidding in
a forfeited land sale. Any person, including a veteran who has already participated
in the program, may take an assignment of a contract as a non-veteran, in
which case a higher interest rate shall be charged.
]
or
] Public Health Service,
or reserve component
of one of the listed branches of service
after September 16, 1940, [
or had completed 20 years of reserve military service in any of the above
branches of service, which is creditable for retirement under applicable federal
laws,
] or enlisted or received an appointment in the Texas National
Guard. The deceased veteran need not have served at least 90 continuous days
of active duty;
and
(5)
neither the deceased veteran nor
the unmarried surviving spouse previously participated in the Veterans Housing
Assistance Program or the Veterans Land Program; and
]
(6)
] the board must be furnished
certification from the United States Veterans Administration that the unmarried
surviving spouse is currently entitled to benefits as the spouse of a veteran
who died in the line of duty. The board may also determine that the line of
duty requirement is satisfied upon presentation of other evidence.
registered
] mail to
the last known address of these parties. If the reason for forfeiture is cured
or corrected within 30 days the board shall not declare a forfeiture.
who has not previously participated in the
Veterans Land Program
] may apply for either an Enhanced Land Loan, or
the standard Land Loan. Enhanced Land Loans shall be in an amount not to
exceed $40,000, and shall bear an interest rate set by the Veterans Land Board.
Funding for such loans shall come from the proceeds of the sale of taxable
bonds.
Chapter 177.
Veterans Housing Assistance Program
or
] United States Public Health Service,
or the reserve component of one of the listed branches of service,
unless
discharged earlier because of a service-connected disability, which service
must have been after September 16, 1940, [
or has completed at least 20
years of active or reserve military service in any of the above branches of
service, as computed when determining the person's eligibility to receive
retired pay,
] or has enlisted or received an appointment in the Texas
National Guard after completing all initial active duty training required
as a condition of enlistment or appointment, and who has not been dishonorably
discharged from the Texas National Guard.
has not previously participated in the
Veterans Housing Assistance Program as a home purchaser.
]
for
[
For
] purposes of this chapter an eligible veteran may obtain both
a purchase money loan and a home improvement loan under the veterans housing
assistance program. An eligible veteran may also receive a loan under
the land program.
[
, however, an eligible veteran is entitled to
no more than one of each kind of loan, as a veteran purchaser/borrower.
]
or
] Public Health Service,
or reserve component
of one of the listed branches of service
after September 16, 1940, [
or had completed 20 years of reserve military service in any of the above
branches of service, which is creditable for retirement under applicable federal
laws,
] or enlisted or received an appointment in the Texas National
Guard. The deceased veteran need not have served at least 90 continuous days
of active duty;
and
(5)
neither the deceased veteran nor
the unmarried surviving spouse previously participated in the Veterans Housing
Assistance Program; and
]
(6)
] certification is received
from the United States Veterans Administration that the unmarried surviving
spouse is currently entitled to benefits as the spouse of a veteran who died
in the line of duty. The line of duty requirement may be satisfied upon the
presentation of other evidence.
Notwithstanding anything in these sections to the contrary,
the board, in its discretion, may waive the requirement that the applicant
is only entitled to one of each kind of loan available through the Veterans
Housing Assistance Program. An applicant wishing to participate in the program
who has previously obtained a loan of the kind which is being applied for
shall submit to the board an affidavit setting forth the circumstances for
the Board to consider in granting a waiver. Reasons for being permitted to
participate in the program again may include, but are not limited to, loss
of a board-financed home by reason of change in employment, or any condemnation
action not the fault of the applicant.
]
As previously provided
by the rules, the board may, in its discretion, waive the requirement that
the veteran has not previously participated in the Veterans Land Program or
the Veterans Housing Assistance Program.
]
Part XX.
Texas Workforce Commission