Part 10.
TEXAS FUNERAL SERVICE COMMISSION
Chapter 203.
LICENSING AND ENFORCEMENT--SPECIFIC SUBSTANTIVE RULES
22 TAC §203.27
(Editor's note: The text of the following section proposed for
repeal will not be published. The section may be examined in the offices of
the Texas Funeral Service Commission or in the Texas Register office, Room
245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The Texas Funeral Service Commission proposes the
repeal of §203.27, concerning Sponsors of Provisional Licensees.
O.C. "Chet" Robbins, Executive Director, Texas Funeral Service Commission,
has determined that for the first five-year period this repeal is in effect
there will be no fiscal implications for state or local government as a result
of enforcing or administering the repeal.
Mr. Robbins has also determined that the public benefit is that the repeal
of this section will get rid of an obsolete rule. There will be no effect
on small businesses. There is no anticipated cost to persons who are required
to comply with the proposed repeal.
Comments on the repeal may be submitted to O.C. "Chet" Robbins, Executive
Director, Texas Funeral Service Commission, 510 South Congress Avenue, Suite
206, Austin, Texas 78704, telephone: (512) 936-2474 or 1-888-667-4881. Comments
may also be submitted electronically to crob@tfsc.state.tx.us or faxed to
(512) 479-5064.
The repeal is proposed under §651.152 of the Texas Occupation
Code, as amended by Section 18 of House Bill 3516, 76th Legislature which
authorizes the Commission to issue such rules and regulations as may be necessary
to effect the provisions of this Section.
No other statutes, articles, or codes are affected by the proposed repeal.
§203.27.Sponsors of Provisional Licensees.
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 July 26, 2001.
TRD-200104326
O.C. "Chet" Robbins
Executive Director
Texas Funeral Service Commission
Earliest possible date of adoption: September 9, 2001
For further information, please call: (512) 936-2474
Chapter 322.
PRACTICE
22 TAC §322.1
The Texas Board of Physical Therapy Examiners proposes an
amendment to §322.1, concerning Provision of Services. The amendment
will allow physical therapists to accept referrals for treatment from physicians
and other authorized healthcare practitioners who are licensed only in a country
outside the United States.
John P. Maline, Executive Director of the Executive Council of Physical
Therapy and Occupational Therapy Examiners, has determined that for the first
five-year period the rule is in effect there will be no effect on state or
local government.
Mr. Maline also has determined that for each year of the first five years
the rule is in effect the public benefit anticipated as a result of enforcing
the rule will be easier access to healthcare, as those who have referrals
from physicians outside of the U.S. will be able to seek physical therapy
treatment in the state. There will be no effect on small business, and no
economic cost to persons having to comply is anticipated.
Comments on the proposed amendments may be submitted to Nina Hurter, PT
Coordinator, Texas Board of Physical Therapy Examiners, 333 Guadalupe, Suite
2-510, Austin, Texas 78701; email: nhurter@mail.capnet.state.tx.us.
The amendments are proposed under the Physical Therapy Practice
Act, Title 3, Subtitle H, Chapter 453, Occupations Code, which provides the
Texas Board of Physical Therapy Examiners with the authority to adopt rules
consistent with this Act to carry out its duties in administering this Act.
Title 3, Subtitle H, Chapter 453, Occupations Code is affected by this
amended section.
§322.1.Provision of Services.
(a)
Initiation of physical therapy services
(1)
Referral requirement. A physical therapist is subject to
discipline from the board for providing physical therapy treatment without
a referral from a qualified healthcare practitioner licensed by the appropriate
[
(2) - (3)
(No change.)
(b) - (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 July 26, 2001.
TRD-200104330
John P. Maline
Executive Director, Executive Council of Physical Therapy Examiners
Texas Board of Physical Therapy Examiners
Earliest possible date of adoption: September 9, 2001
For further information, please call: (512) 305-6900
Chapter 519.
PRACTICE AND PROCEDURE
22 TAC §519.7
The Texas State Board of Public Accountancy (Board) proposes
an amendment to §519.7 concerning Administrative Penalties.
The amendment to §519.7 will clarify that the Board may impose an
administrative penalty alone or in addition to other sanctions.
William Treacy, Executive Director of the Board, has determined that for
the first five-year period the proposed amendment will be in effect:
A. the additional estimated cost to the state expected as a result of enforcing
or administering the amendment will be zero because the proposed amendment
does not require anyone to do or not do anything.
B. the estimated reduction in costs to the state and to local governments
as a result of enforcing or administering the amendment will be zero because
the proposed amendment does not require anyone to do or not do anything.
C. the estimated loss or increase in revenue to the state as a result of
enforcing or administering the amendment will be zero because the proposed
amendment does not require anyone to do or not do anything.
Mr. Treacy has determined that for the first five-year period the amendment
is in effect the public benefits expected as a result of adoption of the proposed
amendment will be that the Board will be able to impose administrative penalties
when appropriate.
The probable economic cost to persons required to comply with the amendment
will be zero because the proposed amendment does not require anyone to do
or not do anything.
Mr. Treacy has determined that a Local Employment Impact Statement is not
required because the proposed amendment will not affect a local economy.
The Board requests comments on the substance and effect of the proposed
amendment from any interested person. Comments must be received at the Board
no later than noon on Wednesday August 29, 2001. Comments should be addressed
to Amanda G. Birrell, General Counsel, Texas State Board of Public Accountancy,
333 Guadalupe, Tower III, Suite 900, Austin, Texas 78701 or faxed to her attention
at (512) 305-7854.
Mr. Treacy has determined that the proposed amendment will not have an
adverse economic effect on small businesses because the proposed amendment
does not require anyone to do or not do anything.
The Board specifically invites comments from the public on the issues of
whether or not the proposed amendment will have an adverse economic effect
on small business; if the amendment is believed to have such an effect, then
how may the Board legally and feasibly reduce that effect considering the
purpose of the statute under which the amendment is to be adopted; and if
the amendment is believed to have such an effect, how the cost of compliance
for a small business compares with the cost of compliance for the largest
business affected by the amendment under any of the following standards: (a)
cost per employee; (b) cost for each hour of labor; or (c) cost for each $100
of sales. See Texas Government Code, §2006.002(c).
The amendment is proposed under the Public Accountancy Act, Tex.
Occupations Code, Section 901.151 (Vernon 1999) which authorizes the Board
to adopt rules deemed necessary or advisable to effectuate the Act.
No other article, statute or code is affected by this proposed amendment.
§519.7.Administrative Penalties.
(a)
The Board may impose an administrative penalty alone
or in addition to other sanctions permitted under the Act.
Board committees
and the executive director are delegated the authority to determine that any
alleged violation warrants an administrative penalty under Subchapter L of
the Public Accountancy Act.
(b)
The report of any such determination may be included in
a notice of hearing.
(c)
A request for a hearing under §901.554 of the Public
Accountancy Act shall clearly notify the staff that the hearing must address
issues relevant to the assessment of an administrative penalty by including
the language "RESPONDENT SPECIFICALLY REQUESTS A HEARING ON ADMINISTRATIVE
PENALTIES" in capital letters. Failure to include such language shall be a
waiver of the right to a hearing within the meaning of §901.554 of the
Public Accountancy Act.
(d)
Pursuant to §901.551 of the Public Accountancy Act:
(1)
the board imposes an administrative penalty on licensees
who, in violation of §901.411 of the Public Accountancy Act:
(A)
do not complete at least 120 hours of continuing professional
education in each three-year license period;
(B)
do not complete at least 20 hours in each one-year license
period;
(C)
do not comply with board rules for the reporting of continuing
professional education; or
(D)
fail to complete or report sufficient ethics hours as required
by board §523.63 of this title (relating to Mandatory Continuing Professional
Education Attendance).
(2)
considering the seriousness of violation of §901.411
of the Public Accountancy Act, the hazard and potential hazard to the public
from CPAs who are not trained in current accounting standards and practices,
the amount necessary to deter future violations, and such other matters as
the board considers justice may require, the board sets the administrative
penalty for the violations described in §519.7(d)(1) of this title (relating
to Administrative Penalties) at $100 per licensee per license period.
(3)
the penalty may be assessed only on licensees against whom
a final board order is issued.
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 July 27, 2001.
TRD-200104375
William Treacy
Executive Director
Texas State Board of Public Accountancy
Earliest possible date of adoption: September 9, 2001
For further information, please call: (512) 305-7848
22 TAC §519.9
The Texas State Board of Public Accountancy (Board) proposes
an amendment to §519.9 concerning Procedures after Hearing.
The amendment to §519.9 will allow the Board to dismiss a complaint
at any time, even after a hearing or issuance of a proposal for decision ("PFD"),
and not impose any sanction on a licensee. The dismissal does not affect any
relief lawfully awarded against the board in the PFD. The amendment also corrects
some language to comport with the Administrative Procedure Act and makes some
grammatical changes. Finally the amendment clarifies that administrative costs
eligible to be recovered includes all costs incurred in defending any order
on appeal.
William Treacy, Executive Director of the Board, has determined that for
the first five-year period the proposed amendment will be in effect:
A. the additional estimated cost to the state expected as a result of enforcing
or administering the amendment will be zero because the proposed amendment
does not require the state to do or not do anything.
B. the estimated reduction in costs to the state and to local governments
as a result of enforcing or administering the amendment will be zero because
the proposed amendment does not require the state to do or not do anything.
C. the estimated loss or increase in revenue to the state as a result of
enforcing or administering the amendment will be an increased revenue of approximately
$1,000.00 a year based on assessing and collecting the incremental costs of
defending appeals of Board Orders.
Mr. Treacy has determined that for the first five-year period the amendment
is in effect the public benefits expected as a result of adoption of the proposed
amendment will be that the Board will be able to pass on to licensees and
ex-licensees the incremental cost of defending Board Orders on appeal.
The probable economic cost to persons required to comply with the amendment
will be approximately $1,000.00 a year for the incremental cost of defending
a Board Order on appeal.
Mr. Treacy has determined that a Local Employment Impact Statement is not
required because the proposed amendment will not affect a local economy.
The Board requests comments on the substance and effect of the proposed
amendment from any interested person. Comments must be received at the Board
no later than noon on Wednesday, August 29, 2001. Comments should be addressed
to Amanda G. Birrell, General Counsel, Texas State Board of Public Accountancy,
333 Guadalupe, Tower III, Suite 900, Austin, Texas 78701 or faxed to her attention
at (512) 305-7854.
Mr. Treacy has determined that the proposed amendment will not have an
adverse economic effect on small businesses because the total annual incremental
cost is $1,000.00 which is not an adverse economic effect, and which will
probably be assessed as a lump sum, but collected over a period of time, if
at all.
The Board specifically invites comments from the public on the issues of
whether or not the proposed amendment will have an adverse economic effect
on small business; if the amendment is believed to have such an effect, then
how may the Board legally and feasibly reduce that effect considering the
purpose of the statute under which the amendment is to be adopted; and if
the amendment is believed to have such an effect, how the cost of compliance
for a small business compares with the cost of compliance for the largest
business affected by the amendment under any of the following standards: (a)
cost per employee; (b) cost for each hour of labor; or (c) cost for each $100
of sales. See Texas Government Code, §2006.002(c).
The amendment is proposed under the Public Accountancy Act, Tex.
Occupations Code, Section 901.151 (Vernon 1999) which authorizes the Board
to adopt rules deemed necessary or advisable to effectuate the Act.
No other article, statute or code is affected by this proposed amendment.
§519.9.Procedures after Hearing.
(a)
The Board may dismiss a complaint at any
time even after hearing or issuance of a proposal for decision. The Board
may not impose a sanction on a licensee based on a dismissed complaint. Any
dismissal after a proposal for decision has been issued shall have no effect
on relief lawfully awarded against the Board.
(b)
[
(c)
After
[
(d)
[
(e)
[
(f)
[
(g)
[
(h)
[
(1)
erroneous;
(2)
against the weight of the evidence;
(3)
based on unsound accounting principles or auditing standards;
(4)
based on an insufficient review of the evidence;
(5)
not sufficient to protect the public interest; or
(6)
not sufficient to adequately allow rehabilitation of the
licensee.
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 July 27, 2001.
TRD-200104376
William Treacy
Executive Director
Texas State Board of Public Accountancy
Earliest possible date of adoption: September 9, 2001
For further information, please call: (512) 305-7848
Part 16.
TEXAS BOARD OF PHYSICAL THERAPY EXAMINERS
state
] licensing board [
in any of the United States or its
territories, or the District of Columbia
], who within the scope of the
professional licensure is authorized to prescribe treatment of individuals.
The list of qualifying referral sources includes physicians, dentists, chiropractors,
podiatrists, physician assistants, and advanced nurse practitioners.
Part 22.
TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY
(a)
] Filing of exceptions and replies.
Within
[
Any party of record may, within
] 15 days of the date
of service of the proposal for decision, unless the administrative law judge
has set a shorter or longer period of time,
any party of record may
file exceptions to the proposal for decision. Replies to these exceptions
shall be filed within 15 days after the date of filing the exceptions unless
the administrative law judge has set a shorter or longer period of time. A
request for extension or decrease of time within which to file exceptions
or replies shall be filed with the administrative law judge and [
a copy
of the request shall be
] served on all parties of record by the party
making the request. The administrative law judge shall promptly notify the
parties of the decision with regard to these requests. Additional time shall
be allowed only when the interests of justice so require.
Upon
] the expiration
of time for filing exceptions or replies to exceptions, [
or after time
for filing exceptions or replies to exceptions, or after the replies and exceptions
have actually been timely filed,
] the proposal for decision
may
[
will
] be considered by the board [
and either adopted,
modified and adopted, or remanded to the administrative law judge
].
If remanded to the administrative law judge, the revised proposal for decision
thereafter rendered by the administrative law judge shall be clearly labeled
as an amended proposal for decision. A copy of the proposal for decision shall
be served forthwith by the administrative law judge on each party, or each
party's attorney of record, and the board. [
Service shall be in accordance
with the board's rules.
]
(b)
] Form of exceptions and replies.
Exceptions and replies to exceptions shall conform as nearly as practicable
to the rules provided for pleadings. The specific exceptions shall be concisely
stated. The evidence relied upon shall be pointed out with particularity,
and that evidence and any arguments and legal authority relied upon shall
be grouped under the exceptions to which they relate. Any party filing exceptions
and replies shall provide the board with original and 17 copies.
(c)
] Oral argument before the board.
Any party may request oral argument before the board before the final determination
of any proceeding, but the request must be filed in the offices of the board
by no later than 5:00 p.m. of the
twentieth
[
fifth
]
working day prior to the board meeting. Oral argument shall be allowed only
at the discretion of the board. A request for oral argument may be incorporated
in the exception, reply to exceptions, or in a separate pleading. In the event
oral argument is granted by the board, each party who has filed exceptions
and replies may be limited to a maximum of 20 minutes for presentation thereof.
The board shall require one spokesman per party and position. Under no circumstances
may any party making oral argument to the board refer to or urge reliance
on materials that are not part of the administrative record.
(d)
] Motion for rehearing. In the
event a motion for rehearing is filed, the executive director shall have authority
to act for the board in either granting or denying such motion.
(e)
] Administrative cost recovery
.
[
rule.
] The board may for good cause and in accordance
with the Public Accountancy Act, after notice and hearing, impose direct administrative
costs in addition to other sanctions provided by law or these rules. Direct
administrative costs include, but are not limited to, attorneys' fees, investigative
costs, including the costs of the evaluation of the file by the board's committees,
excess workload billings for contested case hearings or hearings related services
provided by the State Office of Administrative Hearings pursuant to the General
Appropriations Act, Act. VIII-6, Rider 9, witness fees and deposition expenses,
travel expenses of witnesses, fees for professional services of expert witnesses,
the cost of a study, analysis, audit, or other projects the board finds necessary
in preparation of the state's case, paralegal fees
,
[
and
]
the costs of other support personnel in the enforcement process, [
and
] the board's associated overhead costs
and all costs incurred
by the state in defending any order on appeal.
(f)
] Changes to recommendation.
To protect the public interest and to ensure that sound accounting principles
govern the decisions of the board, it is the policy of the board to change
a finding of fact or conclusion of law or to vacate or modify the proposed
order of an administrative law judge when the proposed order is clearly:
Chapter 521.
FEE SCHEDULE