1 TAC §55.210, §55.211
(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repeal will not be published.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 Office of the Attorney General or in the Texas Register office, Room
245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The Office of the Attorney General proposes to repeal
1 TAC §55.210 and §55.211 concerning license suspension for failure
to pay child support. Section 55.210 requires the administrative law judge
to issue a proposal for decision following a license suspension hearing. Section
55.211 gives the adversely affected party an opportunity to file exceptions
to the proposal for decision for the Title IV-D Director's consideration prior
to rendition of a final decision.
These sections are no longer necessary because the agency official (the
administrative law judge) who conducts the hearing or reads the record will
render the final decision in contested cases pursuant to amended §55.212.
This eliminates the necessity of the proposal for decision required by Tex.Gov.Code §2001.062(a)(1)
in cases in which the government official rendering the final decision does
not hear the case or review the record. The requirement to provide the parties
an opportunity to file exceptions and briefs in accordance with Tex.Gov.Code §2001.062(a)(2)
is dispensed with as well. Any party desiring to challenge a final decision
retains the right to file a Request for Rehearing which may be granted or
denied by the administrative law judge as provided in Tex.Gov.Code §2001.145.
Howard G. Baldwin, Jr., IV-D Director, Child Support Division, has determined
that for the first five year period this section, as proposed, is in effect,
there will be no fiscal implications for state or local government because
the repeal of these rules imposes no additional burden on anyone.
Mr. Baldwin has also determined that the proposed amendments will substantially
expedite the processing of license suspension cases by eliminating the extensive
holding periods for exceptions to the proposed decisions, while still permitting
the respondent sufficient opportunity for redress through rehearings and appeals.
Mr. Baldwin has determined that the proposed repeals will not have an adverse
economic effect on small businesses because the repeal of these rules imposes
no additional burden on anyone.
Comments may be submitted to Samuel T. Jackson, Child Support Division,
Office of the Administrative Law Judge, Office of the Attorney General, (physical
address) 5500 East Oltorf, Austin, Texas 78741, or (mailing address) P.O.
Box 12017, Austin, Texas 78711-2017, mail code 039, (512)460-6397
The proposed repealed sections are under the Family Code, Chapter
232, Suspension of License for Failure to Pay Child Support or Comply with
Subpoena, § 232.004(d), which provides that a proceeding in a case filed
with the Title IV-D agency under this chapter is governed by the contested
case provisions of Chapter 2001, Government Code.
The Family Code, Chapter 232, is affected by the repealed sections.
§55.210.Proposal for Decision.
§55.211.Exceptions and Replies to Exceptions to Proposal for 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 January 14, 2000.
TRD-200000220
Elizabeth Robinson
Assistant Attorney General
Office of the Attorney General
Earliest possible date of adoption: February 27, 2000
For further information, please call: (512) 463-2110