Part 1. TEXAS DEPARTMENT OF HUMAN SERVICES

Chapter 9. REFUGEE SOCIAL SERVICES

Subchapter A. CLIENT INFORMATION

40 TAC §9.109

The Texas Department of Human Services (DHS) adopts an amendment to §9.109, without changes to the proposed text published in the December 31, 1999, issue of the Texas Register (24 TexReg 12028).

The justification for the amendment is to comply with federal regulations by revising the confidentiality language to allow contractors to share client information with individuals or entities designated by DHS. The permission will be granted when the sharing of the information is deemed to have a direct benefit for the client and is directly connected with, and necessary to, the administration of the program.

The amendment will function by providing greater access to benefits for refugees from other individuals and entities.

No comments were received regarding adoption of the amendment.

The amendment is adopted under the Human Resources Code, Title 2, Chapter 22, which provides the department with the authority to administer public assistance programs; and under the Code of Federal Regulations (CFR), Title 45, Parts 400 and 401.

The amendment implements the Code of Federal Regulations, Title 45, §400.27.

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 February 9, 2000.

TRD-200001008

Paul Leche

General Counsel, Legal Services

Texas Department of Human Services

Effective date: February 29, 2000

Proposal publication date: December 31, 1999

For further information, please call: (512) 438-3108

Chapter 161. APPEALS AND HEARING PROCEDURES

Subchapter A. VOCATIONAL REHABILITATION AND INDEPENDENT LIVING PROGRAMS

40 TAC §§161.10 - 161.14, 161.37, 161.42, 161.45

The Texas Commission for the Blind adopts the amendments to §§161.10, 161.11, 161.12, 161.13, 161.14, 161.37, 161.42 and 161.45 pertaining to the agency's appeals and hearing rules for the Vocational Rehabilitation Program without changes to the proposed text published in the December 3, 1999, issue of the Texas Register (24 TexReg 10842). The amendments to all sections except §161.14 have been adopted to expand the appeals and hearings procedures to the agency's Independent Living Program so that the agency has one system for both programs rather than separate and duplicative rules. Both programs are administered by the Commission under the requirements of the Rehabilitation Act of 1973, as amended; therefore, existing procedures are sufficient for both. §161.14 has been adopted as amended to remove the mandatory 45-day time frame in which hearings must be held because federal law no longer requires the deadline. The deadline was interfering with efforts to resolve disputes through informal means, including voluntary mediation.

The Commission received no comments about the proposal.

The amendments are adopted under the authority of 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, and §91.021, which requires the commission to comply with federal requirements necessary to secure the full benefits of federal vocational rehabilitation legislation.

No other statutes are affected by the adoption.

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 February 9, 2000.

TRD-200001005

Terrell I. Murphy

Executive Director

Texas Commission for the Blind

Effective date: February 29, 2000

Proposal publication date: December 3, 1999

For further information, please call: (512) 377-0611