Part 1.
TEXAS DEPARTMENT OF INSURANCE
Chapter 1.
GENERAL ADMINISTRATION
Subchapter AA. EMPLOYEE TRAINING
28 TAC §1.2702
The Texas Department of Insurance proposes amendments to §1.2702
relating to training for employees of the department. The proposed amendments
are necessary to update Subchapter AA to reflect the department's policies
and procedures regarding training offered to department employees. Subchapter
AA was adopted to codify department policies and procedures regarding employee
training. Section 656.048 of the Government Code requires state agencies to
adopt rules relating to the eligibility of employees for training and education
supported by the agency and the obligations assumed by the employees on receiving
the training and education.
The proposed amendments are also necessary to address certain recently
enacted statutory provisions regarding employee training. State agencies are
required by §21.010 of the Labor Code to provide employees with an employment
discrimination training program. Therefore, the proposed amendments to §1.2702
address training regarding policies prohibiting discrimination, including
sexual harassment. Section 660.147 of the Government Code specifies when a
state agency may pay or reimburse a state employee for a travel expense associated
with a training seminar conducted by a state agency for its employees. Therefore,
amendments are proposed to §1.2702 to specify when travel expenses may
be incurred by department employees to attend department-sponsored training.
The proposed amendments to §1.2702 also address the payment of instructor
fees and clarify the type of information provided to department employees
about department-sponsored training. In addition, the amendments to §1.2702
reflect the current agency practice of recording education leave as emergency
leave, rather than administrative leave, on an employee's monthly attendance
record. Several non-substantive clarifying amendments are also being proposed
to §1.2702.
Stan Wedel, chief of staff, has determined that for each year of the first
five years the sections are in effect, there will be no fiscal impact on state
or local government as a result of enforcing or administering the sections.
Mr. Wedel also has determined that there will be no effect on local employment
or the local economy.
Mr. Wedel has determined that for each year of the first five years the
sections are in effect the public benefit derived from enforcement and administration
of the sections will be a department workforce which is effectively prepared
for technological and legal developments; the provision of necessary services
more effectively; and an increase in the proficiency of the department to
deliver the level of regulatory services expected of it under Texas law. Mr.
Wedel also has determined that no compliance cost results from the proposal
of these sections, including no adverse impact on small businesses or on micro-businesses.
To be considered, comments on the proposal must be submitted in writing
no later than 5:00 p.m. on September 25, 2000 to Lynda H. Nesenholtz, General
Counsel and Chief Clerk, P.O. Box 149104, MC 113-2A, Austin, Texas 78714-9104.
An additional copy of the comment should be simultaneously submitted to Ann
Bright, Section Chief, Agency Counsel Section, Legal and Compliance, P.O.
Box 149104, MC 110-1A, Austin, Texas 78714-9104. A request for public hearing
on the proposed sections should be submitted separately to the Office of the
Chief Clerk.
The amendments are proposed under the Insurance Code §36.001
and the Government Code §656.048. The Insurance Code §36.001 authorizes
the commissioner to adopt rules and regulations for the conduct and execution
of the duties and functions of the department as authorized by statute. The
Government Code §656.048 provides for the adoption of rules by state
agencies relating to training and education of agency employees.
The proposed amendments affect operational procedures pursuant to the following
statutes: Government Code §§656.044 through 656.049, Government
Code §660.147., Labor Code §21.010
§1.2702.Employee Training Program.
(a)
(No change.)
(b)
Agency-sponsored training. A program of in-house training
for agency employees is provided.
(1)
Training on Policies Prohibiting
Discrimination. All new employees must attend an orientation session within
30 days of their date of hire containing information on the department's policies
and procedures including information on discrimination and sexual harassment.
Employees must attend supplemental training on discrimination, including sexual
harassment, every two years.
(2)
[
(3)
[
(4)
Travel Expenses for Department-Sponsored
Training. Travel expenses incurred by employees attending department-sponsored
training will not be reimbursed unless the commissioner of insurance or his
or her designee certifies the following:
(A)
The department does not possess interactive
television or videoconference facilities at the designated headquarters of
the employee attending the seminar;
(B)
The department cannot purchase or lease such
facilities at a cost less than the total travel costs associated with the
seminar; and
(C)
The department does not have access to another
agency's interactive television or videoconference facilities at the same
location.
(5)
The Professional Development
Section of the department's Human Resources Division will assist the seminar
coordinators in determining, on a case-by-case basis, the feasibility of using
videoconferencing or interactive television for department-sponsored training.
If it is determined that the travel expenses to attend agency sponsored training
are justified, the requesting division's associate commissioner - or highest
level manager who reports directly to the commissioner, if not an associate
commissioner - in the employees' chain of command will prepare a written request
to obtain certification from the commissioner of insurance prior to the training
event. Copies of the certification must be submitted to the Professional Development
section of the department's Human Resources Division and to the department's
Accounting division.
(c)
(No change.)
(d)
Tuition reimbursement. The department may reimburse full-time
regular employees for tuition and required fees or may grant education leave
in lieu of tuition reimbursement if the criteria set out in paragraphs (1)
- (5) of this subsection are met.
(1)
Eligibility. Eligibility requirements for tuition reimbursement
must be satisfied as set out in subparagraphs (A) - (I) of this paragraph.
(A)
(No change.)
(B)
An employee [
(C) - (I)
(No change.)
(2)
Reimbursable costs. Criteria addressing the extent to which
cost of tuition may be reimbursed are set out in subparagraphs (A) - (E) of
this paragraph.
(A)
(No change.)
(B)
Employees may be reimbursed for the cost of tuition and
related fees
at an educational institution
[
(C)
(No change.)
(D)
Employees will not be reimbursed for
items that are
not part of tuition, such as
textbooks, workbooks, lab supplies [
(E)
(No change.)
(3)
Education leave in lieu of tuition reimbursement. Criteria
for taking education leave in lieu of tuition reimbursement are set out in
subparagraphs (A) - (F) of this paragraph.
(A)
(No change.)
(B)
Before requesting education leave, employees should fully
consider and explore education options that would not involve education leave.
For example, employees should consider registering for classes scheduled before
or after work, or during the lunch hour
when courses are available at
those times
. Employees
may also request
[
(C) - (D)
(No change.)
(E)
Education leave will be treated as
emergency
[
(F)
An employee who has been approved for education leave in
lieu of tuition reimbursement will receive, an a provisional basis, the approved
amount of education leave. If the employee satisfactorily completes the course,
the approved leave will remain designated as education leave. However, if
the employee fails to satisfactorily complete the course for which education
leave was granted,
of if the employee separates from employment with
the department before submitting the final grade report for any courses for
which education leave was granted,
the leave will be changed to annual
leave, compensatory time leave or overtime leave, and the employee's leave
balances will be adjusted accordingly. If the employee's leave balances are
exhausted, the remaining education leave will be changed to leave without
pay, and the employee's pay will be adjusted accordingly.
(4)
Procedure. Specific procedural steps required to complete
the tuition reimbursement process are set out in subparagraphs (A) - (G) of
this paragraph.
(A) - (B)
(No change.)
(C)
To receive reimbursement for tuition,
within two weeks
after receipt of the final grade in a course for which reimbursement has been
approved,
the employee must submit a purchase request, a copy of the
final grade report, and an itemized tuition receipt to the associate commissioner
-- or highest level manager who reports directly to the commissioner, if not
an associate commissioner -- in the employee's chain of command [
(D)
If an employee has been approved for education leave,
within two weeks after receipt of the final grade in a course for which education
leave has been approved,
the employee must submit a copy of the final
grade report to the associate commissioner -- or highest level manager who
reports directly to the commissioner, if not an associate commissioner --
in the employee's chain of command [
(E) - (G)
(No change.)
(5)
Use of equipment
[
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 10, 2000.
TRD-200005583
Lynda Nesenholtz
General Counsel and Chief Clerk
Texas Department of Insurance
Earliest possible date of adoption: September 24, 2000
For further information, please call: (512) 463-6327
Subchapter G. LICENSING OF INSURANCE ADJUSTERS
(1)
]
Quarterly Training
Calendar
and Catalog
[
of courses
]. A
quarterly
[
monthly
] training calendar lists
course offerings.
[
and a
]
A
training catalog [
describes
]
contains course descriptions of all
available courses. An employee wishing
to register for in-house training courses should contact the training liaison
for the employee's division. The employee's supervisor must approve all requests
for in-house training.
(2)
]
Payment of
Course
Fees
[
material purchase for some in-house training
]. Some
in-house trainings may require a division to
pay for instructor fees
and/or
[
purchase
] course materials
, payment of which
is coordinated though the Professional Development section of the department's
Human Resources Division
. [
Upon approval by the division, the divisional
training liaison should request purchase of the materials from the Professional
Development Center of Human Resources.
] If the course offers an optional
examination for a fee, the employee taking the course will be responsible
for payment of the examination fee. Any employee passing the examination may
request reimbursement of the examination fee upon proof of payment of the
fee and passing the examination.
Some fees may be reimbursed at a percentage
of base fee amounts as determined by the commissioner.
Approval of payment
is contingent upon availability of funds.
must be performing consistently above
that normally expected or required and
] must have achieved an overall
performance rating of at least 3.25 on the employee's most recent performance
evaluation at the time of the request for approval to receive tuition reimbursement
or education leave.
only
].
and other such items which are not part of tuition
].
should also
consider requesting
] a flex-time or compressed work week schedule that
would allow for class attendance without the use of education leave. Such
a work schedule must not disrupt or adversely affect performance by the employee
or the employee's division, section, program or activity.
administrative
] leave on the employee's monthly attendance record
with a notation that the
emergency
[
administrative
]
leave is for the purpose of attending a course approved for education leave.
within
two weeks after receipt of the final grade in a course for which reimbursement
has been approved
].
The department will not reimburse tuition if
an employee separates from employment with the department before submitting
the final grade report for any courses for which tuition reimbursement was
granted.
within two weeks after receipt of
the final grade in a course for which education leave has been approved
].
Prohibition on use of
state resources
]. Employees may not use department equipment, such as
computers, calculators,
or
typewriters [
or other department
equipment
] to complete course work.
Chapter 19.
AGENTS' LICENSING