Part 4.
TEXAS DEPARTMENT OF LICENSING AND REGULATION
Chapter 64.
TEMPORARY COMMON WORKER EMPLOYERS
16 TAC §§64.1, 64.10, 64.60, 64.70, 64.90
The Texas Department of Licensing and Regulation adopts amendments
to §§64.1, 64.10, 64.60 and 64.70 concerning the Temporary Common
Worker Employers administrative rules, as published in the January 26, 2001,
issue of the
Texas Register
(26 TexReg 865).
No comments were received on the proposal. These sections are adopted without
change and will not be reprinted.
The Department adopts amendments to §64.90 concerning Temporary Common
Worker Employers, with changes to the proposal as published in the January
26, 2001, issue of the
Texas Register
(26
TexReg 865).
The amendments reflect changes that codified Article 5221a-10 into the
Texas Labor Code, Chapter 92 and the codification of Article 9100 into the
Occupations Code, Chapter 51. The adopted rules reflect the current information.
The Department noticed that the citation for the Administrative Procedure
Act, Texas Government Code, Chapter 2001, had not been changed in the proposal
to reflect the codification of Article 6252-13a into the Texas Government
Code, Chapter 2001. The changes in §64.90(b)(6) correct the current citation.
The rules were reviewed as required by Rider 167 of the General Appropriations
Act to ensure that language is clear and that reasons continue to exist for
all rules.
The amendments are adopted under Texas Labor Code, Chapter 92,
which authorizes the Department to promulgate and enforce a code of rules
and take all action necessary to assure compliance with the intent and purpose
of the Code.
The adopted amendments affect Texas Labor Code, Chapter 92, and Texas Occupations
Code, Chapter 51.
§64.90.Sanctions.
(a)
Any person may file a complaint with the commissioner alleging
a violation of Texas Labor Code Chapter 92 or these rules. The commissioner
shall investigate the alleged violation upon receipt of the complaint and
may investigate any common worker employer as necessary.
(b)
If it appears that a person is in violation of Texas Labor
Code, Chapter 92 or a rule or an order of the commissioner related to Texas
Labor Code, Chapter 92, the commissioner may institute action under Texas
Occupations Code, Chapter 51 by:
(1)
giving notice to the license holder of the violation(s)
by issuing a Preliminary Report; and
(2)
providing a statement of the right of the person charged
to a hearing on the occurrence of the violation and any proposed sanction
and the terms thereof;
(3)
not later than the 20th day after the date on which the
notice is received, the person charged may accept the determination of the
commissioner made under this rule, including the recommended sanction and
all accompanying conditions, or make a written request for a hearing on that
determination;
(4)
if the person charged with the violation accepts the determination
of the commissioner, the commission shall issue an order approving the determination
and ordering that the recommended sanction and accompanying conditions be
imposed upon that person;
(5)
if the person charged fails to respond in a timely manner
to the notice or if the person requests a hearing, the commissioner shall
set a hearing, give written notice of the hearing to the person, and designate
a hearings examiner to conduct the hearing;
(6)
if an administrative hearing is held and the person wishes
to dispute the administrative sanction imposed, not later than the 30th day
after the date on which the decision is final, as provided by the Administrative
Procedure Act, Government Code, Chapter 2001, §2001.176(a), the person
charged shall file a petition for judicial review contesting the fact of the
violation and/or the administrative sanction. Judicial review is subject to
the substantial evidence rule and shall be instituted by filing a petition
with a Travis County district court as provided by the Administrative Procedure
Act, Government Code, Chapter 2001, §2001.176(b)(1); and
(7)
a motion for rehearing is a prerequisite for an appeal.
(c)
The commissioner may institute an action with the Attorney
General for collection of any assessed administrative penalty not received
by the department.
(d)
If it appears that a person is in violation of, or is threatening
to violate, Texas Labor Code, Chapter 92 or a rule or order of the commissioner
related to the Texas Labor Code, Chapter 92, the commissioner may request
from the Attorney General an action for injunctive relief to restrain the
person from continuing the violation.
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 14, 2001.
TRD-200101529
William H. Kuntz, Jr.
Executive Director
Texas Department of Licensing and Regulation
Effective date: April 3, 2001
Proposal publication date: January 26, 2001
For further information, please call: (512) 463-7348
The Texas Department of Licensing and Regulation adopts the repeal
of §67.40 and new §67.40 concerning the auctioneer education and
recovery fund (fund), without changes to the proposed text as published in
the January 26, 2001, issue of the
Texas Register
(26 TexReg 867) and will not be republished. No comments were received
on the proposed repeal of §67.40 or the proposed new rule §67.40.
The adopted new rule replaces the existing rule that is simultaneously
adopted for repeal.
The justification for the adopted new rule is to enable the Department
to assess and collect a fee to be paid by all auctioneer license holders at
the time that the balance of the fund is less than $300,000 as determined
by the Department on December 31st of each year.
If the balance in the fund on December 31 of a year is less than $300,000,
each license holder at the next license renewal shall pay, in addition to
the renewal fee, a fee that is equal to the greater of $50 or a pro rata share
of the amount necessary to obtain a balance in the fund of $300,000.
16 TAC §67.40
The repeal is adopted under the Texas Occupations Code, Chapter
51 and Chapter 1802, which authorizes the Executive Director of the Texas
Department of Licensing and Regulation to promulgate and enforce a code of
rules, and take all action necessary to assure compliance with the intent
and purpose of the Code.
The Code affected by the repeal is the Texas Occupations Code, Chapter
51 and Chapter 1802.
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 14, 2001.
TRD-200101530
William H. Kuntz, Jr.
Executive Director
Texas Department of Licensing and Regulation
Effective date: April 3, 2001
Proposal publication date: January 26, 2001
For further information, please call: (512) 463-7348
16 TAC §67.40
The new rule is adopted under the Texas Occupations Code,
Chapter 51 and Chapter 1802, which authorizes the Executive Director of the
Texas Department of Licensing and Regulation to promulgate and enforce a code
of rules, and take all action necessary to assure compliance with the intent
and purpose of the Code.
The Code affected by the new rule is the Texas Occupations Code, Chapter
51 and Chapter 1802.
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 14, 2001.
TRD-200101526
William H. Kuntz, Jr.
Executive Director
Texas Department of Licensing and Regulation
Effective date: April 3, 2001
Proposal publication date: January 26, 2001
For further information, please call: (512) 463-7348
Chapter 67.
AUCTIONEERS
Chapter 78.
TALENT AGENCIES