Part III.
Texas Board of Chiropractic Examiners
Chapter 75.
Rules of Practice
22 TAC §75.10
The Texas Board of Chiropractic Examiners adopts the repeal
to §75.10, relating to Administrative Fines and Penalties, without changes
to the proposed text as published in the January 29, 1999, issue of the
By a separate rulemaking previously published on this same date, January
29, 1999, issue of the
Texas Register
(24
TexReg 483), the Board has adopted revisions to some of its disciplinary rules.
The subject matter of §75.10 is being transferred to a new §75.11
and new provisions setting out guidelines for disciplinary actions are provided
in a new §75.10. These substantive changes are discussed in the preamble
to the rulemaking relating to newly adopted §75.10 and §75.11.
No comments were received regarding the proposed repeal.
The repeal is adopted under the Chiropractic Act, Texas Civil
Statutes, Article 4512b, §§4(c), 4a, which the board interprets
as authorizing it to adopt rules necessary for the performance of its duties,
the regulation of the practice of chiropractic, and the enforcement of the
act, including §§14, 14a, 19e, which authorizes the board to sanction
licensees and others for violations of the Act and its rules and orders, and
§14(d) which the board interprets as requiring the board to adopt rules
relating to the imposition of sanctions for violations of the Act.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on March
15, 1999.
TRD-9901560
Gary K. Cain, Ed. D.
Executive Director
Texas Board of Chiropractic Examiners
Effective date: April 4, 1999
Proposal publication date: January 29, 1999
For further information, please call: (512) 305-6709
22 TAC §75.10, §75.11
The Texas Board of Chiropractic Examiners adopts new §75.10
and §75.11, relating to its Disciplinary Process for Violations of Board
Rules and Orders, and State Law, including the Chiropractic Act, Texas Civil
Statutes, Article 4512b, with changes to the proposed text as published in
the January 29, 1999, issue of the
Texas Register
(24 TexReg 483).
The board has added two additional violations provided in the Human Resources
Code and the Health and Safety Code and corresponding sanctions to the Maximum
Sanction Table, Figure 22 TAC §75.11(b). Citation to §75.10(d) has
been added to the violation of practicing without a license in the table.
Section 75.11(a) has been changed to add references to the two added codes
and to revise the reference to the Health Professions Council Act. Subsection
(b) of §75.11 has been moved to §75.10 as subsection (j). Other
clarifying changes have been made in response to comments by the Chiropractic
Society of Texas, including adding subsection (e) to §75.11 which sets
a maximum sanction for statutes not specifically listed in the table. By separate
rulemaking, the board adopts to repeal §75.10 relating to administrative
fines and penalties. In this rulemaking, the current subject matter of §75.10
is addressed in the new §75.11. Newly adopted §75.10 sets out guidelines
and procedures for disciplinary actions, including the purpose for the section
as proposed, the types of sanctions that the board may impose under the Chiropractic
Act, and the factors to be considered in the imposition of sanctions. Section
75.10 was developed from the statutory mandates in the Chiropractic Act and
modeled after similar rules of several other occupational licensing agencies.
Board staff, including its legal counsel, reviewed the disciplinary rules
of such agencies as the board of dental examiners, the board of medical examiners,
the board of examiners of psychologists, the cosmetology commission, and the
board of professional engineers.
Section 14(d) of the Act requires the board to adopt a schedule of maximum
sanctions that the board may impose for violations of the Act, its rules and
other statutes. Newly adopted §75.11 revises the current schedule in
§75.10 by specifying in more detail the violations for which sanctions
may be imposed and the possible maximum sanction for each violation. In developing
the schedule, the board staff, including its legal counsel, analyzed the Chiropractic
Act, board rules, other applicable statutes enumerated in §75.11, and
the other agencies' schedules. A preliminary list was made of all potential
violations and proposed sanctions. Next the board and its staff developed
and proposed §75.11 with its specific violations and sanctions. One of
the key features of the proposed rule and the final adopted rule is its acknowledgment
that some violations are clearly more serious than others and that some violations
merit a system of progressive discipline. The schedule reflects the board's
opinion that violations jeopardizing the well-being of a patient, or which
show a flagrant disregard for the state's licensing system or a lack of ethical
conduct merit more severe penalties. The board, with recommendations of staff,
legal counsel, and its enforcement committee, which consists of two chiropractor
board members and one public member, has developed a disciplinary sanction
schedule that is fair and reasonable to those subject to it. The rules apply
the statutory criteria set by the legislature for determining the amount of
administrative penalty and other disciplinary sanction. That criteria is set
out in Article 4512b, §14d and new §75.10(g) and (h). In these subsections,
following other agencies, the board has further defined other matters that
may be considered when assessing disciplinary action as a matter of justice.
The following comments were received regarding adoption of these new sections.
The Chiropractic Society of Texas (CST), without expressly indicating support
or opposition to the proposed rules, provided numerous comments to the proposed
rules. The CST generally urged that the board vigorously enforce compliance
and expressed its position that the board's purpose is to serve the public
and not to serve as a trade association for licensees. The board agrees. A
summary of the CST's comments on specific provisions with the board's responses
follows. Rule references are to the proposed citation unless otherwise indicated.
The CST felt that the stated goals of consistency and the exercise of discretion
by the board in disciplinary matters in rule 75.10(a)(2) were inconsistent.
The board disagrees with this comment. Discretion and consistency in the context
of the rule are not inconsistent with each other or the purposes of the rule.
The promotion of consistency in board decisions does not prevent the board
from exercising discretion in a particular case. The Chiropractic Act gives
the board the discretion to determine disciplinary action in each case. At
the same time, one aspect of a fair regulatory system is the concept that
persons subject to the board's authority should be treated similarly for similar
violations unless the facts of each case merit different treatment. It is
hoped that by making disciplinary decisions pursuant to the guidelines provided
in rules 75.9, 75.10 and 75.11 and the Act, board action, over time, will
reflect consistency in its rulings. Section 75.10(a) clearly sets out the
purposes for the rule, the rule is within the board's rulemaking authority
under the Act, and the board is of the opinion that no further changes to
the text are necessary.
The CST commented that rule 75.10(e)(3), providing for limitations on treatment
as part of disciplinary action was vague and ambiguous and that subsection
(e)(5) of this rule exceeded the authority of the board. The board disagrees
in part. The purpose of subsection (e) is to give licensees notice of areas
in which conditions in connection with disciplinary action may be imposed.
Subsection (a) describes the general purpose for imposing conditions in the
stated areas. The specific conditions imposed will depend upon the particular
violation and the board's determination as to whether or not limitations on
a chiropractor's license is warranted in lieu of, for instance, outright suspension
or revocation. A common condition relating to treatment of the type envisioned
by subsection (a)(3) is a requirement that female patients be treated in an
open door environment or with an employee being present during an examination
by a male licensee who was found to have engaged in sexual misconduct of a
patient. It is not possible to anticipate beforehand every possible condition
because of the myriad of misconduct that may arise under the board's rules
and the Act. The board, however, has narrowed the wording of subsection (a)(3)
to cover treatment procedures only, which is the primary focus for this type
of condition as reflected in the example given previously.
Subsection (e)(5) is an appropriate exercise of the board's disciplinary
duty. The board is charged with protecting the safety of the public and is
granted board rulemaking authority to administer the Chiropractic Act and
to enforce the Act and its rules. Sections 14a.5, .13, and .14 and 19b provide
express authority to the board to take action against a licensee who may be
impaired and may pose a danger to the public. Board rule 76.3(h) relating
to impaired practitioners provides for examination of a licensee who the board
believes is impaired. Besides protecting the safety of the public, this condition,
like subsection (e)(3), is intended to benefit a licensee, allowing a licensee
to continue practicing, if capable of doing so and within the terms of a disciplinary
order.
The CST commented that rule 75.10(g) does not implement §14(d)(1)
of the Act and recommends amendment or deletion. The board disagrees with
CST's interpretation of §14(d)(1) that it limits the schedule of sanctions
to only serious violations. Section 14(d) plainly charges the board to develop
a schedule of sanctions for all violations under its jurisdiction, and in
developing the schedule or imposing administrative fines to consider the seriousness
of a violation, along with its hazards or potential hazards to the public
safety, health and welfare. The board believes that it has complied with §14(d)
in this rulemaking and declines to make further changes as suggested by CST
to §75.10(g).
The CST suggested that disciplinary actions be published on the board's
website in addition to the notices provided in rule 75.10(j). The board does
not necessarily disagree with this suggestion, and such action in the future
is not foreclosed by the rule as adopted. Disciplinary records of the board
are public information under the Open Records Act. The board could make such
information available through its website administratively. The board declines
to change the rule as suggested at this time. Further investigation and consideration
of this proposal will be made.
The CST stated that rule 75.11 failed to meet the stated purpose of specifying
in more detail the violations for which sanctions may be imposed and requested
additional definitions be added to subsection (a). The board disagrees that
rule 75.11 does not comport with its stated purpose. A comparison of former
rule 75.10 and new rule 75.11 reflects the difference in specificity between
the rules. The board also disagrees with the additional definitions proposed
by the CST. Rule 75.11(a) is not the appropriate location for such definitions
if they are needed. Rule 75.11 sets out the maximum sanctions for violations
which are provided in other rules or statutes.
Moreover, other board rules address the subject matter of some of the proposed
definitions. For instance, rule 75.2 provides a definition, by examples of
specific conduct, for "proper diligence" and "gross inefficient practice of
chiropractic." The scope of overtreating or overcharging is provided by rule
75.1 as well as by the Health Professions Council Act (HPCA), Article 4512p,
§5. Likewise, the term "deceptive" is defined by the HPCA, §4 as
well as by well-established case law relating to deceptive advertising. A
definition for "deceptive" alone is not necessary. The cited law provides
sufficient meaning to these terms. The board may at a later date, as part
of its plan of review, consider whether or not further definitions for these
terms are needed and will, at that time, consider again the suggestions of
the CST. The board declines to add a definition for "knowing" or violations
which contain the element of "knowing," as suggested by the CST. The Chiropractic
Act does not require this state of mind to prove a violation of the Act; accordingly
such definition and violations are not appropriate.
The CST suggests that the schedule of sanctions include other violations
relating generally to other state and federal law, orders or rules. The Chiropractic
Act gives the board jurisdiction over violations of the Act, its orders and
rules. Other state statutes and federal statutes may give the board additional
disciplinary authority as referenced in the Maximum Sanction Table. The board
in developing this rule has attempted to include all law providing enforcement
authority to the board. Some violations may be missing due to the numerous
and scattered statutes governing healthcare providers. The board has added
a new subsection to rule 75.11, as proposed, allowing for a maximum sanction
for violation of any statute not otherwise included in the table. The board
disagrees with the CST that it has general authority to enforce other state
or federal law unless the conduct complained of also is a violation of the
Chiropractic Act, §14a. The table is designed to aid licensees and others
to identify the basis for each maximum sanction.
Accordingly, language as suggested by CST which does not identify specific
statutes does not add information to the rule. For the same reasons, the board
declines to add the other violations proposed by the CST. Such violations
must originate from the Chiropractic Act or other statute expressly authorizing
the board to discipline a licensee for violation of the statute.
The CST further suggested that procedures which are identified as outside
the scope of chiropractic in §13a of the Act and manipulation under anesthesia
in §13b be identified as violations in the table. However, §13a,
contrary to its West Publishing Co. title, does not expressly prohibit a chiropractor
from performing such procedures. To the extent a chiropractor performed such
procedures without the proper training and licensure, they would be subject
to board discipline through §§14a.5 and .14 and rules 75.1 and 75.2,
which are listed in the table. Similarly, §13b does not restrict a licensee
from performing manipulation under anesthesia; it restricts the board from
providing a certification process for such procedure. Accordingly, violation
of §13b should not be listed in the table.
The CST proposed language to rule 75.11(b) allowing a victim to recommend
the appropriate sanction against a licensee and for the enforcement committee
to be required to respond in writing if it declines to follow the victim's
determination. Such proposed is not consistent with current board procedures
in its rules or the Chiropractic Act. While the enforcement committee is interested
in a complainant or victim's views, the final recommendation must be the enforcement
committee's. The Act requires the board to determine the appropriate punishment.
Such authority cannot be delegated, in whole or in part, to the victim of
misconduct by a licensee. For these reasons, the board declines to change
rule 75.11 as suggested. Subsection (b) has been moved to rule 75.10 as subsection
(j), which the board believes is a more appropriate location since the subject
matter is part of the board's disciplinary procedure and not identification
of specific sanctions.
The CST state that the table in rule 75.11(b) lacks some of the violations
listed in §14a of the Act, specifically §14a.1,.6,.8,.14,.17,.18.
The board disagrees. All of the violations except subsections 17 and 18 are
provided for in the table. Subsection 17 relating to using an accident report
in violation of §38.12 of the Penal Code was not included. Subsection
17 does not define conduct prohibited by the current section 38.12. As a result,
it would be difficult to prove misconduct under this provision. Section 38.12
prohibits certain communications from a chiropractor to an accident victim;
it does not expressly prohibit the use of accident reports, which is the focus
of subsection 17. Subsection 18 is not included, because it was ruled unconstitutional
by a federal court, in
Innovative Database Systems,
Inc. v. Morales,
No. 3:91-CV-1663-T (N.D. Tex. Dallas),
affrm'd,
990 F.2d 217 (5th Cir. 1993), and is not enforceable. The
CST disagreed with the level of sanctions for using "chiropractic physician"
and other deceptive advertising violations, interpreting §14a of the
Act to require these provisions to be Category I violations. The board disagrees.
All of the violations cited in rule 75.11 originate from §14a of the
Act, except for those provided by other statutes. The Act gives the board
the discretion to determine the disciplinary sanction for a particular violation
in each case and in developing a schedule of sanctions. Section 14(d)(1) expressly
charges the board with weighing the seriousness of a violation in carrying
out these duties; therefore, the board disagrees that the legislature necessarily
intended that violation of using "chiropractic physician" be on the same level
of seriousness as other violations of deceptive advertising. Based on past
cases, the board believes that this violation can be deterred with a monetary
fine. If violations continue, then the board may consider increasing the sanctions
for this violation. Likewise, the maximum sanctions for deceptive advertising
reflect the board's opinion that such sanctions adequately reflect the factors
required to be considered in setting sanctions. The board's schedule is not
set in stone. Implementation of the new schedule and time may indicate that
adjustments in the schedule are warranted. If so, the board will propose amendments
accordingly.
The CST commented that §14(d) of the Act does not give the board the
discretion to increase the maximum sanctions in the table by subsection (d)
of rule 75.11. The board disagrees with the CST's interpretation of this subsection.
Rule 75.11 as a whole is the schedule of maximum of sanctions required to
be developed by §14(d). The board has chosen to design a schedule consisting
of narrative provisions as well as a table. The two exceptions to the table
provided in subsection (d) are maximum sanctions for the violations identified
just as much as if they were listed in the table. In response to these comments,
however, rule 75.11 has been amended to clarify the purpose of the rule and
the scope of the schedule which it provides.
The CST suggested adding to Category I violations, a maximum sanction that
includes suspension. The board agrees in part with the comments of the CST.
The schedule of sanctions, including the table, specify "maximum" sanctions
to be considered for a particular violation. Under this scheme, any of the
sanctions listed in rule 75.10(b) less than the stated maximum may also be
considered. A maximum sanction is not the sanction that must be imposed; it
is the most severe sanction that can be considered for that violation. In
Category I of the table, some violations provide a penalty of an administrative
fine, and, where indicated by "and/or revocation," other disciplinary action
up to and including revocation. Accordingly, suspension may be considered
as a sanction, because it is a lesser sanction than revocation. Category I
has been amended to add revocation as a maximum sanction for a first offense
of the listed violations. It was inadvertently left out when the table was
finalized for publication. By adopting these rules, the board determined that
the levels of maximum sanctions provided in the rules are appropriate to safeguard
the health, safety and economic welfare of the public. Additionally, based
on its expertise and experience, the board believes that the schedule of sanctions,
as adopted, properly correlates the seriousness of the violation with the
amount of the sanction and will increase the effectiveness of the board's
enforcement program by providing a defined schedule of violations with corresponding
maximum administrative penalties and other disciplinary sanctions. Further,
the new rules will allow for the first time the board to assess administrative
penalties against unlicensed persons or entities practicing chiropractic.
This authority will, in the board's opinion, help curb the underground practice
of chiropractic. This authority will, in the board's opinion, help curb the
underground practice of chiropractic by allowing an administrative mechanism
and procedure to prevent the unlicensed practice of chiropractic. The new
rules promote better notice to licensees and the public of the board's policy
and procedure for disciplining licensees who have violated the Act, other
state law or board rules. The schedule of sanctions will serve to promote
consistency in disciplinary matters and provide advance notice to licensees
of the possible penalty for non-compliance with state law and regulations.
The new rules are adopted under the Chiropractic Act, Texas Civil
Statutes, Article 4512b, §§4(c), 4a, which the board interprets
as authorizing it to adopt rules necessary for the performance of its duties,
the regulation of the practice of chiropractic, and the enforcement of the
Act, including §§14, 14a, 14e and 19a, 19b, which authorizes the
board to sanction licensees and others for violations of the Act and its rules
and orders, and §14(d) which the board interprets as requiring the board
to adopt rules relating to the imposition of sanctions for violations of the
Act.
§75.10. Disciplinary Guidelines.
(a)
Purpose. The purpose of these guidelines is to:
(1)
provide guidance and a framework of analysis for board
staff, the enforcement committee and the administrative law judges to promote
consistency in the making of recommendations on sanctions to the board in
disciplinary cases;
(2)
promote consistency in the exercise of sound discretion
by the board in the imposition of sanctions in disciplinary cases; and
(3)
provide guidance for the enforcement committee and
other members of the board for the informal resolution of potentially contested
matters.
(b)
Limitations. This section shall be construed and applied
so as to preserve the board's discretion in the imposition of sanctions and
remedial measures pursuant to the Chiropractic Act, §§14, 14a, 14e,
19a, 19b. This section shall be further construed and applied so as to be
consistent with the Act, and shall be limited to the extent as otherwise proscribed
by statute and board rule.
(c)
Board action. The board may take disciplinary action against
a licensee who is found in violation of the Chiropractic Act, another state
law for which disciplinary action may be taken or a rule or order of the board.
A disciplinary action may be composed of any one or a combination of the following
sanctions:
(1)
revocation of license;
(2)
suspension of license for a definite period of time;
(3)
suspension with probation for a definite period of
time;
(4)
formal reprimand;
(5)
administrative penalty
(6)
additional continuing education.
(d)
Practicing without a license. A person, not a licensee,
who is found to be practicing without a license in violation of the Chiropractic
Act, §5a, shall be assessed an administrative penalty as provided by
§75.11 of this title (relating to Schedule of Sanctions).
(e)
Additional conditions. The Board may impose, as a condition
of probation or as a term of a sanction, additional conditions or restrictions
upon the license of the licensee that the Board deems necessary to facilitate
the rehabilitation and education of the licensee and to protect the public,
including but not limited to:
(1)
completion of a specified number of continuing education
hours on specified topics approved in advance by the board in addition to
the minimum number required of all licensees as a condition of renewal;
(2)
taking and passing with the minimum required score
of an examination required by the board;
(3)
restrictions on the type of treatment, treatment
procedures, and/or class of patients to be treated;
(4)
restrictions on the licensee's supervision of others
in the practice of chiropractic;
(5)
undergoing a psychological and/or medical evaluation
by a qualified professional approved in advance by the board and undergoing
any treatment recommended pursuant to the evaluation;
(6)
regular reporting to the board as a means of monitoring
the licensee's compliance with a board order.
(f)
Down-time. A licensee whose license has been suspended
shall not during the period of suspension realize any remuneration from his
or her chiropractic practice; be in attendance in his or her office when it
is open to serve patients; or provide chiropractic services to any person
at any location. The licensee may arrange with another licensee to provide
care and treatment to patients during the period of down-time so long as the
suspended licensee does not receive any form of payment for chiropractic services
rendered, including fee sharing with the treating licensee.
(g)
Aggravation. The following may be considered as aggravating
factors so as to merit more severe or restrictive sanction by the board:
(1)
seriousness of the violation, including the nature, circumstances,
extent, or gravity of the prohibited conduct and the harm or potential harm
to a patient;
(2)
economic harm to any individual or entity, to property
or the environment;
(3)
hazard or potential hazard created to the health,
safety, or economic welfare of the public;
(4)
attempted concealment of misconduct;
(5)
premeditated conduct;
(6)
intentional misconduct;
(7)
disciplinary history, including prior violations
of a similar or related nature;
(8)
likelihood of future misconduct of a similar nature;
(9)
failure to implement remedial measures to correct
or alleviate harm arising from the misconduct;
(10)
lack of rehabilitative potential;
(11)
motive;
(12)
the type of sanction, including the amount of any
administrative penalty, necessary to deter future violations; and
(13)
any relevant circumstances or facts increasing the
seriousness of the misconduct.
(h)
Extenuation and mitigation. The absence of the circumstances
listed as subsection (g)(1)-(8) of this section, as well as the presence of
the following factors, may be considered as extenuating and mitigating factors
so as to merit less severe or less restrictive sanctions by the board:
(1)
self-reported and voluntary admissions of misconduct;
(2)
implementation of remedial measures to correct or
mitigate harm arising from the misconduct;
(3)
motive;
(4)
rehabilitative potential;
(5)
relevant facts and circumstances reducing the seriousness
of the misconduct;
(6)
relevant facts and circumstances lessening responsibility
for the misconduct.
(i)
The board shall consider the factors listed in subsections
(g) and (h) of this section in determining the amount of an administrative
penalty under §75.11 of this title (relating to Schedule of Sanctions).
(j)
Upon a finding that a violation of the Act, another state
law, or a rule or order of the board has occurred and that disciplinary action
is warranted, the enforcement committee shall determine and recommend the
type and amount of sanction in accordance with this section and §75.11
of this title.
(k)
All disciplinary actions issued by the board will take
the form of a board order. All disciplinary actions shall be recorded and
made available upon request as public information. All disciplinary actions
shall be published in the Journal of the Texas Chiropractic Association, may
be released in a press release , and shall be transmitted to the Chiropractic
Information Network-Board Action Data Bank (CIN-BAD) or other national data
bank as required by law.
§75.11. Schedule of Sanctions.
(a)
The following words and terms, when used in this chapter,
shall have the following meanings, unless the context clearly indicates otherwise:
(1)
Board - Texas Board of Chiropractic Examiners;
(2)
Chiropractic Act or CA - Texas Civil Statutes, Article
4512b;
(3)
HPCA - Health Professions Council Act, Texas Civil
Statutes, Article 4512p;
(4)
HRS - Human Resources Code;
(5)
H & S - Health and Safety Code;
(6)
Licensee - A person who is licensed by the board
to practice chiropractic in the State of Texas;
(7)
MRTCA - Medical Radiologic Technologist Certification
Act, Texas Civil Statutes, Article 4512m; and
(8)
TDH - Texas Department of Health.
(b)
The following table contains maximum sanctions that may
be assessed for each category of violation listed in the table:
Figure: 22 TAC §75.11(b)
(c)
In a case where the licensee has committed multiple violations
or multiple occurrences of the same violation, board staff, the enforcement
committee or an administrative law judge may recommend and the board may impose
sanctions in excess of a maximum sanction specified in the maximum sanction
table provided by subsection (b) of this section, if otherwise authorized
by law. For the fourth and subsequent offenses of any violation listed in
the maximum sanction table with three levels of sanctions, the maximum sanction
is revocation and/or $1,000 administrative penalty.
(d)
An administrative penalty may not exceed $1,000 per day
for each violation. Each day a violation continues or occurs is a separate
violation for the purposes of imposing an administrative penalty.
(e)
For violation of a statute which is not listed in the
maximum sanction table and for which the board is authorized to take disciplinary
action, the maximum sanction is revocation and/or $1,000 administrative penalty.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on March
15, 1999.
TRD-9901561
Gary K. Cain, Ed. D.
Executive Director
Texas Board of Chiropractic Examiners
Effective date: April 4, 1999
Proposal publication date: January 29, 1999
For further information, please call: (512) 305-6709
Chapter 153.
Provisions of the Texas Appraiser Licensing and Certification Act
22 TAC §153.9
The Texas Appraiser Licensing and Certification Board adopts
an amendment to §153.9 relating to Applications, without change to the
proposed text as published in the January 1, 1999 issue of the
Texas Register
(24 TexReg 33).
Specifically §153.9(b)(1) is amended to revise the Application for
Appraiser Certification or Licensing form to reorder a number of questions,
to add questions regarding complaints or disciplinary actions pending against
professional licenses, unpaid judgements, and default on Texas Guaranteed
Student Loan Corporation (TGSLC) loans, and to clarify the wording for some
instructions.
No comments were received regarding adoption of the amendment.
The amendment is adopted under the Powers and Duties of the Board,
Texas Appraiser Licensing and Certification Act, §5 (Texas Civil Statutes,
Article 6573a.2) which provides the Board with rulemaking authority.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on March
11, 1999.
TRD-9901492
Renil C. Liner
Commissioner
Texas Appraiser Licensing and Certification Board
Effective date: March 31, 1999
Proposal publication date: January 1, 1999
For further information, please call: (512) 465-3950
Chapter 361.
Administration
Subchapter B. Petition for Adoption of Rules
Part VIII.
Texas Appraiser Licensing and Certification Board
Part XVII.
Texas State Board of Plumbing Examiners