Part 1.
TEXAS BOARD OF ARCHITECTURAL EXAMINERS
Chapter 1.
ARCHITECTS
Subchapter I. CHARGES AGAINST ARCHITECTS: ACTION
22 TAC §1.161
The Texas Board of Architectural Examiners adopts the repeal
of §1.161 pertaining to disciplinary action that the agency may take
against individuals who violate the rules and statutes enforced by the agency.
Simultaneously, the agency is adopting new rules §§1.161 through
1.173 to replace the rule being repealed. The modifications are being made
as a result of the agency's review of Title 22, Chapter 1, Subchapter I, as
mandated by the Legislature. Due to the extensive modifications in the new
rules, amending the existing rule is less practical than repealing the existing
rule and adopting new rules. The proposal to repeal this section was published
in the September 14, 2001 issue of the
Texas Register
, TRD200105133.
The agency is adopting new rules §§1.161 through 1.173 which
more clearly define the Board's procedures with regard to disciplinary action.
The agency received no comments regarding the proposal to repeal this rule.
The repeal is adopted pursuant to Section 3(b) of Article 249a,
Vernon's Texas Civil Statutes, which provides the Texas Board of Architectural
Examiners with authority to promulgate rules and includes the implied power
to repeal rules the Board previously promulgated.
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 December 19, 2001.
TRD-200108078
Cathy L. Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Effective date: January 8, 2002
Proposal publication date: September 14, 2001
For further information, please call: (512) 305-8535
22 TAC §§1.161 - 1.173
The Texas Board of Architectural Examiners adopts new rules
for Title 22, Chapter 1, Subchapter I concerning disciplinary action that
the agency may take against individuals who violate the rules and statutes
enforced by the agency. The new rules are being adopted as a result of the
agency's review of Title 22, Chapter 1, Subchapter I, as mandated by the Legislature.
Rules 1.161, 1.162, 1.163, 1.164, 1.165, 1.166, 1.167, 1.168, 1.169, 1.170,
1.171, 1.172, and 1.173 are being adopted with changes. The proposal to adopt
this section was published in the September 14, 2001 issue of the
Texas Register
, TRD200105136.
The agency is adopting the new rules in order to help ensure that disciplinary
procedures are up to date, consistent with statutory law, reasonable, and
easy to understand.
Most of the changes were made for the purposes of clarity and specificity.
Other changes were made in order to establish a presumption regarding the
date a document is received, to clearly define who is a "party" to a contested
case; to establish a "statute of limitations" for filing complaints with the
agency; to make it clear that the degree of lateness of a TDLR submission
will be considered in determining the appropriate actions for a late submission;
and to establish comprehensive procedures for imposing administrative penalties.
As a result of §1.161, the Board's procedures with regard to disciplinary
action will be more clearly defined and easier to understand. As a result
of §1.162, the method for computing time periods will be clearly stated
and consistently applied. As a result of §1.163, the prohibition against
ex parte communication will be clearly stated so that parties will know of
the restriction and will be more likely to avoid ex parte communications.
As a result of §1.164 the procedure for initiating a contested case will
be clearly stated and members of the public will know how to prompt action
against violators. As a result of §1.165, the options for informally
disposing of a case will be clearly stated so that all parties affected by
them can understand and take advantage of them. As a result of §1.166,
the informal conference procedure will be described more clearly. As a result
of §1.167, parties affected by disciplinary matters will be better informed
of the Board's practice of publishing information regarding disciplinary action.
As a result of §1.168, the procedure for dismissing contested cases will
be clearly stated. As a result of §1.169, it will be clear that the Executive
Director is the Board's representative in ADR proceedings. As a result of §1.170,
it will be clear that TDLR referrals will be treated like other disciplinary
matters unless the violation is mitigated by the submission of the document
no more than 15 days after the deadline, in which case the Executive Director
may issue an informal reprimand in lieu of formal action by the Board. As
a result of §1.171 it will be clear that registrants must answer the
Board's inquiries or face disciplinary action for their refusal to respond.
As a result of §1.172, it will be clear that each day of a violation
may be treated as a separate violation. As a result of §1.173 the possible
consequences of violations by nonregistrants will be clearly and concisely
stated, as will the procedure for imposing administrative penalties.
The agency received no comments regarding the proposal to adopt these rules.
The new rule is adopted pursuant to Sections 3(b), 3(d), 5(b),
and 11 of Article 249a, Vernon's Texas Civil Statutes, which provide the Texas
Board of Architectural Examiners with authority to promulgate rules and take
action to enforce them and also provide the agency with specific disciplinary
authority.
These proposed sections do not affect any other statutes.
§1.161.Purpose and Scope.
(a)
Unless specifically indicated in the Rules and Regulations
of the Board, this subchapter governs the procedure followed by the Board
in a Contested Case against an Architect, in the informal disposition of a
Contested Case against an Architect, or in an informal conference with an
Architect. Unless specifically indicated, the Architects' Registration Law,
the Administrative Procedure Act, and the Rules of Practice and Procedure
of the State Office of Administrative Hearings, as appropriate, also govern
the procedure followed by the Board in a Contested Case against an Architect.
(b)
The Architects' Registration Law and Sections 1.162, 1.163,
1.164, 1.167, 1.172, and 1.173 of this subchapter govern disciplinary action
against a person who is not an Architect. If the person is an Applicant, Section
1.151 of Subchapter H also governs disciplinary action against him/her.
§1.162.Computation of Time.
(a)
In computing any period of time prescribed by this subchapter,
by order of the Board, or by other applicable statutory provision or rule,
the period shall begin on the day after the act or the event considered and
conclude at the end of the last day of such period unless the last day falls
on a Saturday, Sunday, or official national or Texas state holiday, in which
case the period shall run until the end of the next day which is not a Saturday,
Sunday, or official national or Texas state holiday.
(b)
For purposes of this subchapter, an Architect is presumed
to have received a notice from the Board on the fifth day after the date the
Board sent the notice to the Architect's current address of record via certified
mail, return receipt requested.
§1.163.Ex Parte Communication.
Unless required for the disposition of an ex parte matter authorized
by law, any person assigned to render a formal decision or make findings of
fact and conclusions of law in a Contested Case may not directly or indirectly
communicate with any party to the matter or any party's representative regarding
any issue of law or fact related to the Contested Case unless notice and an
opportunity to participate are provided to each party. For purposes of this
subsection, "party" includes:
(1)
the Board's Executive Director and enforcement staff; and
(2)
the respondent in the Contested Case.
§1.164.Initiating a Contested Case.
(a)
The Board may initiate a Contested Case proceeding in response
to:
(1)
a notarized written complaint filed by a member of the
public;
(2)
information provided in a registration application or renewal
form; or
(3)
other information known to the Board which establishes
probable cause.
(b)
The Board shall not act on a written complaint filed by
a member of the public unless the allegations in the complaint, if proven,
describe conduct that violates a rule or statutory provision enforceable by
the Board.
(c)
If the Board receives a written complaint filed by a member
of the public, the Board may act on the complaint regardless of the status
or outcome of separate litigation related to the subject matter of the complaint
or the complainant's request to withdraw the complaint.
(d)
The Board may refuse to disclose the identity of a person
who furnishes information regarding an alleged violation of a rule or statutory
provision enforceable by the Board.
(e)
The Board shall not act on a written complaint filed by
a member of the public if the complaint is filed later than ten (10) years
after the date of the act(s) or omission(s) described in the complaint.
§1.165.Informal Disposition of a Contested Case.
(a)
A Contested Case may be resolved informally at any time
after the Contested Case is initiated by the Board.
(b)
If the respondent agrees in writing to a settlement agreement
arising out of the proposed informal disposition of a Contested Case and the
Executive Director executes the written settlement agreement, the settlement
agreement shall be presented to the Board for approval or rejection. The settlement
agreement must include written findings of fact and conclusions of law and
may be in the form of a consent order, letter of reprimand, or other format
approved by the Executive Director.
(c)
If the Board rejects a settlement agreement, the respondent
shall have the opportunity to agree to alternative settlement terms approved
by the Board. If the respondent does not agree to alternative settlement terms
approved by the Board, the case shall be referred to the State Office of Administrative
Hearings for a formal hearing.
(d)
If the respondent and the Executive Director do not agree
in writing to a settlement agreement, the case shall be referred to the State
Office of Administrative Hearings for a formal hearing.
(e)
An informal disposition may be made of a Contested Case
by default. Default shall occur when a respondent neither responds in writing
nor appears at a scheduled hearing related to a disciplinary matter.
(f)
The Board and the Executive Director shall take into account
the following factors when considering a proposed settlement agreement:
(1)
the seriousness of the conduct that is the source of the
allegation(s) against the respondent, including consideration of:
(A)
the nature, circumstances, extent, and gravity of any relevant
act or omission, and
(B)
the hazard or potential hazard to the health or safety
of the public;
(2)
the economic damage to property caused by the conduct;
(3)
the respondent's history concerning any previous ground
for sanction;
(4)
the severity of penalty necessary to deter a future ground
for sanction;
(5)
any effort to correct the ground for sanction;
(6)
the economic benefit gained by the respondent as a result
of the conduct; and
(7)
any other matter justice may require; and
(8)
When considering a referral from the Texas Department of
Licensing and Regulation, in addition to the factors described in this subsection,
the Board shall consider the actual number of days that the submission was
late.
§1.166.Informal Conference.
(a)
An informal conference may be held in order to provide
a respondent with the opportunity to appear and answer a charge against the
respondent in person.
(b)
An informal conference shall be attended by the respondent
and each person designated by the Executive Director to attend the conference.
The respondent shall have the right to employ legal counsel to attend the
informal conference at the respondent's expense.
(c)
An informal conference shall be voluntary and shall not
be a prerequisite to a formal hearing.
§1.167.Publication of Disciplinary Action.
(a)
The Board may cause to be published in the Board's official
newsletter, in a newspaper, or in another publication the name of any person
who is the subject of disciplinary action, other than an informal reprimand,
by the Board. The publication may include a narrative summary of the facts
giving rise to disciplinary action.
(b)
The Board shall not cause an informal reprimand to be published
in the Board's official newsletter, in a newspaper, or in another publication.
The Board also shall not transmit notice of an informal reprimand to the National
Council of Architectural Registration Boards (NCARB) unless NCARB specifically
requests information regarding the informal reprimand.
(c)
In addition to other types of disciplinary action that
may be publicized pursuant to this section, the Board may publicize the revocation
or cancellation of a certificate of registration after its surrender in lieu
of potential disciplinary action.
§1.168.Dismissal.
For good cause, the Board, the Executive Director, or a person designated
by the Executive Director may dismiss a Contested Case at any time after a
Contested Case proceeding is commenced.
§1.169.Alternative Dispute Resolution.
The Executive Director or a person designated by the Executive Director
shall represent the Board in any alternative dispute resolution proceeding.
§1.170.Referrals from the Texas Department of Licensing and Regulation.
(a)
If an Architect fails to submit any document to the Texas
Department of Licensing and Regulation as required by the Architectural Barriers
Act or a rule enacted pursuant to the Architectural Barriers Act, the Board
may take disciplinary action against the Architect.
(b)
If an Architect submits a document described by subsection
(a) of this section no more than fifteen (15) days following the deadline
for submission of the document, the Executive Director may issue an informal
reprimand to the Architect. It shall not be necessary for the informal reprimand
to be presented to or approved by the Board.
(c)
When considering potential disciplinary action pursuant
to subsection (a) of this section, the Board and the Executive Director shall
take into account the factors listed in Subsection 1.165(f) of this subchapter.
§1.171.Responding to Request for Information.
An Architect shall answer an inquiry concerning any matter under the
jurisdiction of the Board within thirty (30) days after the date the Architect
receives notice of the inquiry. An Architect's failure to respond within thirty
(30) days to an inquiry concerning any matter under the jurisdiction of the
Board shall constitute a separate violation subject to disciplinary action
by the Board.
§1.172.Continuing Violation.
Each day a violation of any statutory provision or rule enforced by
the Board occurs or continues may be considered a separate violation subject
to disciplinary action by the Board.
§1.173.Violation By One Not an Architect.
(a)
A person who is not an Architect who violates any of the
title or practice restrictions of the Architects' Registration Law may be
subject to:
(1)
injunctive action;
(2)
criminal prosecution; and/or
(3)
administrative penalty.
(b)
In taking action against a person who is not an Architect,
the Board may be represented by the Texas Attorney General, by a county or
district attorney, or by other counsel as necessary.
(c)
The Executive Director may recommend and the Board may
impose an administrative penalty in the manner prescribed in Section 11 of
the Architects' Registration Law.
(d)
A person charged with a violation may request a hearing
to contest a proposed administrative penalty that has been recommended by
the Executive Director:
(1)
A request for a hearing must be received in the Board's
office no later than the 20th day after the date the person receives notice
that the Executive Director has recommended the imposition of an administrative
penalty.
(2)
The Board shall preside over a hearing held pursuant to
this section. The Board shall send notice of the date, time, and location
of the hearing to the person charged with a violation. During the hearing,
the Board's staff and the person charged with a violation or the person's
authorized representative shall have the opportunity to present testimony
and other evidence and make legal arguments regarding the alleged violation
and the amount of the proposed administrative penalty.
(3)
During a hearing on a proposed administrative penalty,
the Board shall have the authority and duty to:
(A)
conduct a full, fair, and impartial hearing;
(B)
take action to avoid unnecessary delay in the disposition
of the proceeding;
(C)
maintain order; and
(D)
regulate the conduct of the parties and their authorized
representatives, including the authority and duty to limit irrelevant, immaterial,
and unduly repetitious testimony and reasonably limit the time for presentations.
(4)
After a hearing on a proposed administrative penalty, the
Board's chair shall issue a written order stating the Board's findings regarding
the occurrence of a ground for sanction and the amount of the penalty, if
any. In determining the amount of the penalty, if any, the Board shall consider
the factors listed in Subsection 11(j) of the Architects' Registration Law.
(5)
The Board may stop a hearing on a proposed administrative
penalty in order to consult privately with legal counsel regarding any matter
related to the hearing.
(e)
If a person charged with a violation agrees to a proposed
administrative penalty recommended by the Executive Director, the Board shall
approve the Executive Director's recommendation and order payment of the proposed
penalty without a hearing.
(f)
Within thirty (30) days after the date on which the Board's
order imposing an administrative penalty becomes final, the person charged
must pay the administrative penalty in full or file a petition for judicial
review with a district court in Travis County as provided by Subchapter G,
Chapter 2001, Government Code.
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 December 19, 2001.
TRD-200108077
Cathy L. Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Effective date: January 8, 2002
Proposal publication date: September 14, 2001
For further information, please call: (512) 305-8535
22 TAC §§1.191 - 1.193
The Texas Board of Architectural Examiners adopts the repeal
of §1.191 which sets forth the general conditions under which the Board
may investigate complaints, the types of disciplinary action that may be taken,
how complaints should be submitted to the Board, that the identity of a complainant
may be kept confidential, that quarterly reports will be sent to the parties
to complaints, and that the Board will maintain files containing all information
in connection with complaints; §1.192 which sets forth the procedure
for filing complaints against nonregistrants and the disciplinary actions
the Board may take against nonregistrants; and §1.193 which sets forth
the procedure for filing complaints against registrants and the disciplinary
actions the Board may take against registrants. Simultaneously, the agency
is adopting new rules in Subchapter I with section numbers 1.161, 1.164, 1.168,
1.172, and 1.173 to replace the rules proposed for repeal. The modifications
are being made as a result of the agency's review of Title 22, Chapter 1,
Subchapter I, as mandated by the Legislature. Due to the extensive modifications
in the new rules, amending the existing rules is less practical than repealing
the existing rules and adopting new rules. The proposal to repeal this section
was published in the September 14, 2001 issue of the
Texas Register
, TRD200105130.
The agency is adopting new rules with section numbers 1.161, 1.164, 1.168,
1.172, and 1.173 which update and more clearly define the Board's procedures
with regard to disciplinary action.
The agency received no comments regarding the proposal to repeal these
rules.
The repeal is adopted pursuant to Section 3(b) of Article 249a,
Vernon's Texas Civil Statutes, which provides the Texas Board of Architectural
Examiners with authority to promulgate rules and includes the implied power
to repeal rules the Board previously promulgated.
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 December 19, 2001.
TRD-200108079
Cathy L. Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Effective date: January 8, 2002
Proposal publication date: September 14, 2001
For further information, please call: (512) 305-8535
Subchapter I. CHARGES AGAINST LANDSCAPE ARCHITECTS: ACTION
22 TAC §3.161
The Texas Board of Architectural Examiners adopts the repeal
of §3.161 pertaining to disciplinary action that the agency may take
against individuals who violate the rules and statutes enforced by the agency.
Simultaneously, the agency is adopting new rules with section numbers 3.161
through 3.173 to replace the rule being repealed. The modifications are being
made as a result of the agency's review of Title 22, Chapter 3, Subchapter
I, as mandated by the Legislature. Due to the extensive modifications in the
new rules, amending the existing rule is less practical than repealing the
existing rule and adopting new rules. The proposal to repeal this section
was published in the September 14, 2001 issue of the
Texas Register
, TRD200105132.
The agency is adopting new rules with section numbers 3.161 through 3.173
which more clearly define the Board's procedures with regard to disciplinary
action.
The agency received no comments regarding the proposal to repeal this ruleS.
The repeal is adopted pursuant to Section 4(a) of Article 249c,
Vernon's Texas Civil Statutes, which provides the Texas Board of Architectural
Examiners with authority to adopt rules and includes the implied power to
repeal rules the Board previously adopted.
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 December 19, 2001.
TRD-200108081
Cathy L. Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Effective date: January 8, 2002
Proposal publication date: September 14, 2001
For further information, please call: (512) 305-8535
22 TAC §§3.161 - 3.173
The Texas Board of Architectural Examiners adopts new rules
for Title 22, Chapter 3, Subchapter I concerning disciplinary action that
the agency may take against individuals who violate the rules and statutes
enforced by the agency. The new rules are being adopted as a result of the
agency's review of Title 22, Chapter 3, Subchapter I, as mandated by the Legislature.
Rules 3.161, 3.162, 3.163, 3.164, 3.165, 3.166, 3.167, 3.168, 3.169, 3.170,
3.171, 3.172, and 3.173 are being adopted with changes. The proposal to adopt
this section was published in the September 14, 2001 issue of the
Texas Register
, TRD200105135.
The agency is adopting the new rules in order to help ensure that disciplinary
procedures are up to date, consistent with statutory law, reasonable, and
easy to understand.
Most of the changes were made for the purposes of clarity and specificity.
Other changes were made in order to establish a presumption regarding the
date a document is received, to clearly define who is a "party" to a contested
case; to establish a "statute of limitations" for filing complaints with the
agency; to make it clear that the degree of lateness of a TDLR submission
will be considered in determining the appropriate actions for a late submission;
and to establish comprehensive procedures for imposing administrative penalties.
As a result of §3.161, the Board's procedures with regard to disciplinary
action will be more clearly defined and easier to understand. As a result
of §3.162, the method for computing time periods will be clearly stated
and consistently applied. As a result of §3.163, the prohibition against
ex parte communication will be clearly stated so that parties will know of
the restriction and will be more likely to avoid ex parte communications.
As a result of §3.164 the procedure for initiating a contested case will
be clearly stated and members of the public will know how to prompt action
against violators. As a result of §3.165, the options for informally
disposing of a case will be clearly stated so that all parties affected by
them can understand and take advantage of them. As a result of §3.166,
the informal conference procedure will be described more clearly. As a result
of §3.167, parties affected by disciplinary matters will be better informed
of the Board's practice of publishing information regarding disciplinary action.
As a result of §3.168, the procedure for dismissing contested cases will
be clearly stated. As a result of §3.169, it will be clear that the Executive
Director is the Board's representative in ADR proceedings. As a result of §3.170,
it will be clear that TDLR referrals will be treated like other disciplinary
matters unless the violation is mitigated by the submission of the document
no more than 15 days after the deadline, in which case the Executive Director
may issue an informal reprimand in lieu of formal action by the Board. As
a result of §3.171 it will be clear that registrants must answer the
Board's inquiries or face disciplinary action for their refusal to respond.
As a result of §3.172, it will be clear that each day of a violation
may be treated as a separate violation. As a result of §3.173 the possible
consequences of violations by nonregistrants will be clearly and concisely
stated, as will the procedure for imposing administrative penalties.
The Texas Nursery and Landscape Association commented that the phrase "practice
restrictions" in Rule 3.173 should be followed by "unless exempted there from."
The Board decided not to make the suggested change because it is not necessary
to refer to the exemptions; it is clear that penalties may be imposed only
against people who are subject to the law in the first place.
The new rule is adopted pursuant to Section 4(a) and Section
8 of Article 249c, Vernon's Texas Civil Statutes, which provide the Texas
Board of Architectural Examiners with authority to adopt rules necessary to
administer the act and also provide the agency with specific disciplinary
authority.
§3.161.Purpose and Scope.
(a)
Unless specifically indicated in the Rules and Regulations
of the Board, this subchapter governs the procedure followed by the Board
in a Contested Case against a Landscape Architect, in the informal disposition
of a Contested Case against a Landscape Architect, or in an informal conference
with a Landscape Architect. Unless specifically indicated, the Landscape Architects'
Registration Law, the Administrative Procedure Act, and the Rules of Practice
and Procedure of the State Office of Administrative Hearings, as appropriate,
also govern the procedure followed by the Board in a Contested Case against
a Landscape Architect.
(b)
The Landscape Architects' Registration Law and Sections
3.162, 3.163, 3.164, 3.167, 3.172, and 3.173 of this subchapter govern disciplinary
action against a person who is not a Landscape Architect. If the person is
an Applicant, Section 3.151 of Subchapter H also governs disciplinary action
against him/her.
§3.162.Computation of Time.
(a)
In computing any period of time prescribed by this subchapter,
by order of the Board, or by other applicable statutory provision or rule,
the period shall begin on the day after the act or the event considered and
conclude at the end of the last day of such period unless the last day falls
on a Saturday, Sunday, or official national or Texas state holiday, in which
case the period shall run until the end of the next day which is not a Saturday,
Sunday, or official national or Texas state holiday.
(b)
For purposes of this subchapter, a Landscape Architect
is presumed to have received a notice from the Board on the fifth day after
the date the Board sent the notice to the Landscape Architect's current address
of record via certified mail, return receipt requested.
§3.163.Ex Parte Communication.
Unless required for the disposition of an ex parte matter authorized
by law, any person assigned to render a formal decision or make findings of
fact and conclusions of law in a Contested Case may not directly or indirectly
communicate with any party to the matter or any party's representative regarding
any issue of law or fact related to the Contested Case unless notice and an
opportunity to participate are provided to each party. For purposes of this
subsection, "party" includes:
(1)
the Board's Executive Director and enforcement staff; and
(2)
the respondent in the Contested Case.
§3.164.Initiating a Contested Case.
(a)
The Board may initiate a Contested Case proceeding in response
to:
(1)
a notarized written complaint filed by a member of the
public;
(2)
information provided in a registration application or renewal
form; or
(3)
other information known to the Board which establishes
probable cause.
(b)
The Board shall not act on a written complaint filed by
a member of the public unless the allegations in the complaint, if proven,
describe conduct that violates a rule or statutory provision enforceable by
the Board.
(c)
If the Board receives a written complaint filed by a member
of the public, the Board may act on the complaint regardless of the status
or outcome of separate litigation related to the subject matter of the complaint
or the complainant's request to withdraw the complaint.
(d)
The Board may refuse to disclose the identity of a person
who furnishes information regarding an alleged violation of a rule or statutory
provision enforceable by the Board.
(e)
The Board shall not act on a written complaint filed by
a member of the public if the complaint is filed later than ten (10) years
after the date of the act(s) or omission(s) described in the complaint.
§3.165.Informal Disposition of a Contested Case.
(a)
A Contested Case may be resolved informally at any time
after the Contested Case is initiated by the Board.
(b)
If the respondent agrees in writing to a settlement agreement
arising out of the proposed informal disposition of a Contested Case and the
Executive Director executes the written settlement agreement, the settlement
agreement shall be presented to the Board for approval or rejection. The settlement
agreement must include written findings of fact and conclusions of law and
may be in the form of a consent order, letter of reprimand, or other format
approved by the Executive Director.
(c)
If the Board rejects a settlement agreement, the respondent
shall have the opportunity to agree to alternative settlement terms approved
by the Board. If the respondent does not agree to alternative settlement terms
approved by the Board, the case shall be referred to the State Office of Administrative
Hearings for a formal hearing.
(d)
If the respondent and the Executive Director do not agree
in writing to a settlement agreement, the case shall be referred to the State
Office of Administrative Hearings for a formal hearing.
(e)
An informal disposition may be made of a Contested Case
by default. Default shall occur when a respondent neither responds in writing
nor appears at a scheduled hearing related to a disciplinary matter.
(f)
The Board and the Executive Director shall take into account
the following factors when considering a proposed settlement agreement:
(1)
the seriousness of the conduct that is the source of the
allegation(s) against the respondent, including consideration of:
(A)
the nature, circumstances, extent, and gravity of any relevant
act or omission, and
(B)
the hazard or potential hazard to the health or safety
of the public;
(2)
the economic damage to property caused by the conduct;
(3)
the respondent's history concerning any previous ground
for sanction;
(4)
the severity of penalty necessary to deter a future ground
for sanction;
(5)
any effort to correct the ground for sanction;
(6)
the economic benefit gained by the respondent as a result
of the conduct; and
(7)
any other matter justice may require; and
(8)
When considering a referral from the Texas Department of
Licensing and Regulation, in addition to the factors described in this subsection,
the Board shall consider the actual number of days that the submission was
late.
§3.166.Informal Conference.
(a)
An informal conference may be held in order to provide
a respondent with the opportunity to appear and answer a charge against the
respondent in person.
(b)
An informal conference shall be attended by the respondent
and each person designated by the Executive Director to attend the conference.
The respondent shall have the right to employ legal counsel to attend the
informal conference at the respondent's expense.
(c)
An informal conference shall be voluntary and shall not
be a prerequisite to a formal hearing.
§3.167.Publication of Disciplinary Action.
(a)
The Board may cause to be published in the Board's official
newsletter, in a newspaper, or in another publication the name of any person
who is the subject of disciplinary action, other than an informal reprimand,
by the Board. The publication may include a narrative summary of the facts
giving rise to disciplinary action.
(b)
The Board shall not cause an informal reprimand to be published
in the Board's official newsletter, in a newspaper, or in another publication.
The Board also shall not transmit notice of an informal reprimand to the Council
of Landscape Architectural Registration Boards (CLARB) unless CLARB specifically
requests information regarding the informal reprimand.
(c)
In addition to other types of disciplinary action that
may be publicized pursuant to this section, the Board may publicize the revocation
or cancellation of a certificate of registration after its surrender in lieu
of potential disciplinary action.
§3.168.Dismissal.
For good cause, the Board, the Executive Director, or a person designated
by the Executive Director may dismiss a Contested Case at any time after a
Contested Case proceeding is commenced.
§3.169.Alternative Dispute Resolution.
The Executive Director or a person designated by the Executive Director
shall represent the Board in any alternative dispute resolution proceeding.
§3.170.Referrals from the Texas Department of Licensing and Regulation.
(a)
If a Landscape Architect fails to submit any document to
the Texas Department of Licensing and Regulation as required by the Architectural
Barriers Act or a rule enacted pursuant to the Architectural Barriers Act,
the Board may take disciplinary action against the Landscape Architect.
(b)
If a Landscape Architect submits a document described by
subsection (a) of this section no more than fifteen (15) days following the
deadline for submission of the document, the Executive Director may issue
an informal reprimand to the Landscape Architect. It shall not be necessary
for the informal reprimand to be presented to or approved by the Board.
(c)
When considering potential disciplinary action pursuant
to subsection (a) of this section, the Board and the Executive Director shall
take into account the factors listed in Subsection 3.165(f) of this subchapter.
§3.171.Responding to a Request for Information.
A Landscape Architect shall answer an inquiry concerning any matter
under the jurisdiction of the Board within thirty (30) days after the date
the Landscape Architect receives notice of the inquiry. A Landscape Architect's
failure to respond within thirty (30) days to an inquiry concerning any matter
under the jurisdiction of the Board shall constitute a separate violation
subject to disciplinary action by the Board.
§3.172.Continuing Violation.
Each day a violation of any statutory provision or rule enforced by
the Board occurs or continues may be considered a separate violation subject
to disciplinary action by the Board.
§3.173.Violation By One Not a Landscape Architect.
(a)
A person who is not a Landscape Architect who violates
any of the title or practice restrictions of the Landscape Architects' Registration
Law may be subject to:
(1)
injunctive action; and/or
(2)
administrative penalty.
(b)
In taking action against a person who is not a Landscape
Architect, the Board may be represented by the Texas Attorney General, by
a county or district attorney, or by other counsel as necessary.
(c)
The Executive Director may recommend and the Board may
impose an administrative penalty in the manner prescribed in Section 8 of
the Landscape Architects' Registration Law.
(d)
A person charged with a violation may request a hearing
to contest a proposed administrative penalty that has been recommended by
the Executive Director:
(1)
A request for a hearing must be received in the Board's
office no later than the 20th day after the date the person receives notice
that the Executive Director has recommended the imposition of an administrative
penalty.
(2)
The Board shall preside over a hearing held pursuant to
this section. The Board shall send notice of the date, time, and location
of the hearing to the person charged with a violation. During the hearing,
the Board's staff and the person charged with a violation or the person's
authorized representative shall have the opportunity to present testimony
and other evidence and make legal arguments regarding the alleged violation
and the amount of the proposed administrative penalty.
(3)
During a hearing on a proposed administrative penalty,
the Board shall have the authority and duty to:
(A)
conduct a full, fair, and impartial hearing;
(B)
take action to avoid unnecessary delay in the disposition
of the proceeding;
(C)
maintain order; and
(D)
regulate the conduct of the parties and their authorized
representatives, including the authority and duty to limit irrelevant, immaterial,
and unduly repetitious testimony and reasonably limit the time for presentations.
(4)
After a hearing on a proposed administrative penalty, the
Board's chair shall issue a written order stating the Board's findings regarding
the occurrence of a ground for sanction and the amount of the penalty, if
any. In determining the amount of the penalty, if any, the Board shall consider
the factors listed in Subsection 8(j) of the Landscape Architects' Registration
Law.
(5)
The Board may stop a hearing on a proposed administrative
penalty in order to consult privately with legal counsel regarding any matter
related to the hearing.
(e)
If a person charged with a violation agrees to a proposed
administrative penalty recommended by the Executive Director, the Board shall
approve the Executive Director's recommendation and order payment of the proposed
penalty without a hearing.
(f)
Within thirty (30) days after the date on which the Board's
order imposing an administrative penalty becomes final, the person charged
must pay the administrative penalty in full or file a petition for judicial
review with a district court in Travis County as provided by Subchapter G,
Chapter 2001, Government Code.
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 December 19, 2001.
TRD-200108080
Cathy L. Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Effective date: January 8, 2002
Proposal publication date: September 14, 2001
For further information, please call: (512) 305-8535
22 TAC §§3.191 - 3.193
The Texas Board of Architectural Examiners adopts the repeal
of §3.191 which sets forth the general conditions under which the Board
may investigate complaints, the types of disciplinary action that may be taken,
how complaints should be submitted to the Board, that the identity of a complainant
may be kept confidential, that quarterly reports will be sent to the parties
to complaints, and that the Board will maintain files containing all information
in connection with complaints; §3.192 which sets forth the procedure
for filing complaints against nonregistrants and the disciplinary actions
the Board may take against nonregistrants; and §3.193 which sets forth
the procedure for filing complaints against registrants and the disciplinary
actions the Board may take against registrants. Simultaneously, the agency
is proposing new rules in Subchapter I with section numbers 3.161, 3.164,
3.168, 3.172, and 3.173 to replace the rules proposed for repeal. Due to the
extensive modifications proposed in the new rules, amending the existing rules
is less practical than repealing the existing rules and publishing new rules.
The modifications are being made as a result of the agency's review of Title
22, Chapter 3, Subchapter I, as mandated by the Legislature. The proposal
to repeal this section was published in the September 14, 2001, issue of the
The agency is adopting new rules with section numbers 3.161, 3.164, 3.168,
3.172, and 3.173 which update and more clearly define the Board's procedures
with regard to disciplinary action.
The agency received no comments regarding the proposal to repeal these
rules.
The repeal is adopted pursuant to Section 4(a) of Article 249c,
Vernon's Texas Civil Statutes, which provides the Texas Board of Architectural
Examiners with authority to adopt rules and includes the implied power to
repeal rules the Board previously adopted.
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 December 19, 2001.
TRD-200108082
Cathy L. Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Effective date: January 8, 2002
Proposal publication date: September 14, 2001
For further information, please call: (512) 305-8535
Subchapter I. CHARGES AGAINST INTERIOR DESIGNERS: ACTIONS
22 TAC §5.171
The Texas Board of Architectural Examiners adopts the repeal
of §5.171 pertaining to disciplinary action that the agency may take
against individuals who violate the rules and statutes enforced by the agency.
Simultaneously, the agency is adopting new rules with section numbers 5.171
through 5.183 to replace the rule being repealed. The modifications are being
made as a result of the agency's review of Title 22, Chapter 5, Subchapter
I, as mandated by the Legislature. Due to the extensive modifications in the
new rules, amending the existing rule is less practical than repealing the
existing rule and adopting new rules. The proposal to repeal this section
was published in the September 14, 2001, issue of the
Texas Register
, (26 TexReg 7040).
The agency is adopting new rules with section numbers 5.171 through 5.183
which more clearly define the Board's procedures with regard to disciplinary
action.
The agency received no comments regarding the proposal to repeal this rule.
The repeal is adopted pursuant to Section 5(d) of Article 249e,
Vernon's Texas Civil Statutes, which provides the Texas Board of Architectural
Examiners with authority to adopt rules and includes the implied power to
repeal rules the Board previously adopted.
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 December 19, 2001.
TRD-200108084
Cathy L. Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Effective date: January 8, 2002
Proposal publication date: September 14, 2001
For further information, please call: (512) 305-8535
22 TAC §§5.171 - 5.183
The Texas Board of Architectural Examiners adopts new rules
for Title 22, Chapter 5, Subchapter I concerning disciplinary action that
the agency may take against individuals who violate the rules and statutes
enforced by the agency. The new rules are being adopted as a result of the
agency's review of Title 22, Chapter 5, Subchapter I, as mandated by the Legislature.
Rules 5.171, 5.172, 5.173, 5.174, 5.175, 5.176, 5.177, 5.178, 5.179, 5.180,
5.181, 5.182, and 5.183 are being adopted with changes. The proposal to adopt
this section was published in the September 14, 2001, issue of the
Texas Register
, (26 TexReg 7040).
The agency is adopting the new rules in order to help ensure that disciplinary
procedures are up to date, consistent with statutory law, reasonable, and
easy to understand.
Most of the changes were made for the purposes of clarity and specificity.
Other changes were made in order to establish a presumption regarding the
date a document is received, to clearly define who is a "party" to a contested
case; to establish a "statute of limitations" for filing complaints with the
agency; to make it clear that the degree of lateness of a TDLR submission
will be considered in determining the appropriate actions for a late submission;
and to establish comprehensive procedures for imposing administrative penalties.
As a result of §5.171, the Board's procedures with regard to disciplinary
action will be more clearly defined and easier to understand. As a result
of §5.172, the method for computing time periods will be clearly stated
and consistently applied. As a result of §5.173, the prohibition against
ex parte communication will be clearly stated so that parties will know of
the restriction and will be more likely to avoid ex parte communications.
As a result of §5.174 the procedure for initiating a contested case will
be clearly stated and members of the public will know how to prompt action
against violators. As a result of §5.175, the options for informally
disposing of a case will be clearly stated so that all parties affected by
them can understand and take advantage of them. As a result of §5.176,
the informal conference procedure will be described more clearly. As a result
of §5.177, parties affected by disciplinary matters will be better informed
of the Board's practice of publishing information regarding disciplinary action.
As a result of §5.178, the procedure for dismissing contested cases will
be clearly stated. As a result of §5.179, it will be clear that the Executive
Director is the Board's representative in ADR proceedings. As a result of §5.180,
it will be clear that TDLR referrals will be treated like other disciplinary
matters unless the violation is mitigated by the submission of the document
no more than 15 days after the deadline, in which case the Executive Director
may issue an informal reprimand in lieu of formal action by the Board. As
a result of §5.181 it will be clear that registrants must answer the
Board's inquiries or face disciplinary action for their refusal to respond.
As a result of §5.182, it will be clear that each day of a violation
may be treated as a separate violation. As a result of §5.183 the possible
consequences of violations by nonregistrants will be clearly and concisely
stated, as will the procedure for imposing administrative penalties.
The agency received no comments regarding the proposal to adopt these rules.
The new rules are adopted pursuant to Section 5(d), Section 15,
and Section 17 of Article 249e, Vernon's Texas Civil Statutes, which provide
the Texas Board of Architectural Examiners with authority to adopt rules necessary
for the administration of the Act and also provide the agency with specific
disciplinary authority.
These adopted sections do not affect any other statutes.
§5.171.Purpose and Scope.
(a)
Unless specifically indicated in the Rules and Regulations
of the Board, this subchapter governs the procedure followed by the Board
in a Contested Case against an Interior Designer, in the informal disposition
of a Contested Case against an Interior Designer, or in an informal conference
with an Interior Designer. Unless specifically indicated, the Interior Designers'
Registration Law, the Administrative Procedure Act, and the Rules of Practice
and Procedure of the State Office of Administrative Hearings, as appropriate,
also govern the procedure followed by the Board in a Contested Case against
an Interior Designer.
(b)
The Interior Designers' Registration Law and Sections 5.172,
5.173, 5.174, 5.177, 5.182, and 5.183 of this subchapter govern disciplinary
action against a person who is not an Interior Designer. If the person is
an Applicant, Section 5.160 of Subchapter H also governs disciplinary action
against him/her.
§5.172.Computation of Time.
(a)
In computing any period of time prescribed by this subchapter,
by order of the Board, or by other applicable statutory provision or rule,
the period shall begin on the day after the act or the event considered and
conclude at the end of the last day of such period unless the last day falls
on a Saturday, Sunday, or official national or Texas state holiday, in which
case the period shall run until the end of the next day which is not a Saturday,
Sunday, or official national or Texas state holiday.
(b)
For purposes of this subchapter, an Interior Designer is
presumed to have received a notice from the Board on the fifth day after the
date the Board sent the notice to the Interior Designer's current address
of record via certified mail, return receipt requested.
§5.173.Ex Parte Communication.
Unless required for the disposition of an ex parte matter authorized
by law, any person assigned to render a formal decision or make findings of
fact and conclusions of law in a Contested Case may not directly or indirectly
communicate with any party to the matter or any party's representative regarding
any issue of law or fact related to the Contested Case unless notice and an
opportunity to participate are provided to each party. For purposes of this
subsection, "party" includes:
(1)
the Board's Executive Director and enforcement staff; and
(2)
the respondent in the Contested Case.
§5.174.Initiating a Contested Case.
(a)
The Board may initiate a Contested Case proceeding in response
to:
(1)
a notarized written complaint filed by a member of the
public;
(2)
information provided in a registration application or renewal
form; or
(3)
other information known to the Board which establishes
probable cause.
(b)
The Board shall not act on a written complaint filed by
a member of the public unless the allegations in the complaint, if proven,
describe conduct that violates a rule or statutory provision enforceable by
the Board.
(c)
If the Board receives a written complaint filed by a member
of the public, the Board may act on the complaint regardless of the status
or outcome of separate litigation related to the subject matter of the complaint
or the complainant's request to withdraw the complaint.
(d)
The Board may refuse to disclose the identity of a person
who furnishes information regarding an alleged violation of a rule or statutory
provision enforceable by the Board.
(e)
The Board shall not act on a written complaint filed by
a member of the public if the complaint is filed later than ten (10) years
after the date of the act(s) or omission(s) described in the complaint.
§5.175.Informal Disposition of a Contested Case.
(a)
A Contested Case may be resolved informally at any time
after the Contested Case is initiated by the Board.
(b)
If the respondent agrees in writing to a settlement agreement
arising out of the proposed informal disposition of a Contested Case and the
Executive Director executes the written settlement agreement, the settlement
agreement shall be presented to the Board for approval or rejection. The settlement
agreement must include written findings of fact and conclusions of law and
may be in the form of a consent order, letter of reprimand, or other format
approved by the Executive Director.
(c)
If the Board rejects a settlement agreement, the respondent
shall have the opportunity to agree to alternative settlement terms approved
by the Board. If the respondent does not agree to alternative settlement terms
approved by the Board, the case shall be referred to the State Office of Administrative
Hearings for a formal hearing.
(d)
If the respondent and the Executive Director do not agree
in writing to a settlement agreement, the case shall be referred to the State
Office of Administrative Hearings for a formal hearing.
(e)
An informal disposition may be made of a Contested Case
by default. Default shall occur when a respondent neither responds in writing
nor appears at a scheduled hearing related to a disciplinary matter.
(f)
The Board and the Executive Director shall take into account
the following factors when considering a proposed settlement agreement:
(1)
the seriousness of the conduct that is the source of the
allegation(s) against the respondent, including consideration of:
(A)
the nature, circumstances, extent, and gravity of any relevant
act or omission, and
(B)
the hazard or potential hazard to the health or safety
of the public;
(2)
the economic damage to property caused by the conduct;
(3)
the respondent's history concerning any previous ground
for sanction;
(4)
the severity of penalty necessary to deter a future ground
for sanction;
(5)
any effort to correct the ground for sanction;
(6)
the economic benefit gained by the respondent as a result
of the conduct; and
(7)
any other matter justice may require; and
(8)
When considering a referral from the Texas Department of
Licensing and Regulation, in addition to the factors described in this subsection,
the Board shall consider the actual number of days that the submission was
late.
§5.176.Informal Conference.
(a)
An informal conference may be held in order to provide
a respondent with the opportunity to appear and answer a charge against the
respondent in person.
(b)
An informal conference shall be attended by the respondent
and each person designated by the Executive Director to attend the conference.
The respondent shall have the right to employ legal counsel to attend the
informal conference at the respondent's expense.
(c)
An informal conference shall be voluntary and shall not
be a prerequisite to a formal hearing.
§5.177.Publication of Disciplinary Action.
(a)
The Board may cause to be published in the Board's official
newsletter, in a newspaper, or in another publication the name of any person
who is the subject of disciplinary action, other than an informal reprimand,
by the Board. The publication may include a narrative summary of the facts
giving rise to disciplinary action.
(b)
The Board shall not cause an informal reprimand to be published
in the Board's official newsletter, in a newspaper, or in another publication.
The Board also shall not transmit notice of an informal reprimand to the National
Council for Interior Design Qualification (NCIDQ) unless NCIDQ specifically
requests information regarding the informal reprimand.
(c)
In addition to other types of disciplinary action that
may be publicized pursuant to this section, the Board may publicize the revocation
or cancellation of a certificate of registration after its surrender in lieu
of potential disciplinary action.
§5.178.Dismissal.
For good cause, the Board, the Executive Director, or a person designated
by the Executive Director may dismiss a Contested Case at any time after a
Contested Case proceeding is commenced.
§5.179.Alternative Dispute Resolution.
The Executive Director or a person designated by the Executive Director
shall represent the Board in any alternative dispute resolution proceeding.
§5.180.Referrals from the Texas Department of Licensing and Regulation.
(a)
If an Interior Designer fails to submit any document to
the Texas Department of Licensing and Regulation as required by the Architectural
Barriers Act or a rule enacted pursuant to the Architectural Barriers Act,
the Board may take disciplinary action against the Interior Designer.
(b)
If an Interior Designer submits a document described by
subsection (a) of this section no more than fifteen (15) days following the
deadline for submission of the document, the Executive Director may issue
an informal reprimand to the Interior Designer. It shall not be necessary
for the informal reprimand to be presented to or approved by the Board.
(c)
When considering potential disciplinary action pursuant
to subsection (a) of this section, the Board and the Executive Director shall
take into account the factors listed in §5.175(f) of this subchapter.
§5.181.Responding to Request for Information.
An Interior Designer shall answer an inquiry concerning any matter
under the jurisdiction of the Board within thirty (30) days after the date
the Interior Designer receives notice of the inquiry. An Interior Designer's
failure to respond within thirty (30) days to an inquiry concerning any matter
under the jurisdiction of the Board shall constitute a separate violation
subject to disciplinary action by the Board.
§5.182.Continuing Violation.
Each day a violation of any statutory provision or rule enforced by
the Board occurs or continues may be considered a separate violation subject
to disciplinary action by the Board.
§5.183.Violation By One Not an Interior Designer.
(a)
A person who is not an Interior Designer who violates any
of the title restrictions of the Interior Designers' Registration Law may
be subject to:
(1)
injunctive action;
(2)
criminal prosecution; and/or
(3)
administrative penalty.
(b)
In taking action against a person who is not an Interior
Designer, the Board may be represented by the Texas Attorney General, by a
county or district attorney, or by other counsel as necessary.
(c)
The Executive Director may recommend and the Board may
impose an administrative penalty in the manner prescribed in Section 17 of
the Interior Designers' Registration Law.
(d)
A person charged with a violation may request a hearing
to contest a proposed administrative penalty that has been recommended by
the Executive Director:
(1)
A request for a hearing must be received in the Board's
office no later than the 20th day after the date the person receives notice
that the Executive Director has recommended the imposition of an administrative
penalty.
(2)
The Board shall preside over a hearing held pursuant to
this section. The Board shall send notice of the date, time, and location
of the hearing to the person charged with a violation. During the hearing,
the Board's staff and the person charged with a violation or the person's
authorized representative shall have the opportunity to present testimony
and other evidence and make legal arguments regarding the alleged violation
and the amount of the proposed administrative penalty.
(3)
During a hearing on a proposed administrative penalty,
the Board shall have the authority and duty to:
(A)
conduct a full, fair, and impartial hearing;
(B)
take action to avoid unnecessary delay in the disposition
of the proceeding;
(C)
maintain order; and
(D)
regulate the conduct of the parties and their authorized
representatives, including the authority and duty to limit irrelevant, immaterial,
and unduly repetitious testimony and reasonably limit the time for presentations.
(4)
After a hearing on a proposed administrative penalty, the
Board's chair shall issue a written order stating the Board's findings regarding
the occurrence of a ground for sanction and the amount of the penalty, if
any. In determining the amount of the penalty, if any, the Board shall consider
the factors listed in Subsection 17(g) of the Interior Designers' Registration
Law.
(5)
The Board may stop a hearing on a proposed administrative
penalty in order to consult privately with legal counsel regarding any matter
related to the hearing.
(e)
If a person charged with a violation agrees to a proposed
administrative penalty recommended by the Executive Director, the Board shall
approve the Executive Director's recommendation and order payment of the proposed
penalty without a hearing.
(f)
Within thirty (30) days after the date on which the Board's
order imposing an administrative penalty becomes final, the person charged
must pay the administrative penalty in full or file a petition for judicial
review with a district court in Travis County as provided by Subchapter G,
Chapter 2001, Government Code.
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 December 19, 2001.
TRD-200108083
Cathy L. Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Effective date: January 8, 2002
Proposal publication date: September 14, 2001
For further information, please call: (512) 305-8535
22 TAC §§5.201 - 5.203
The Texas Board of Architectural Examiners adopts the repeal
of §5.201 which sets forth the general conditions under which the Board
may investigate complaints, the types of disciplinary actions that may be
taken, how complaints should be submitted to the Board, that the identity
of a complainant may be kept confidential, that quarterly reports will be
sent to the parties to complaints, and that the Board will maintain files
containing all information in connection with complaints; §5.202 which
sets forth the procedure for filing complaints against nonregistrants and
the disciplinary actions the Board may take against nonregistrants; and §5.203
which sets forth the procedure for filing complaints against registrants and
the disciplinary actions the Board may take against registrants. Simultaneously,
the agency is proposing new rules in Subchapter I with section numbers 5.171,
5.174, 5.178, 5.182, and 5.183 to replace the rules proposed for repeal. Due
to the extensive modifications proposed in the new rules, amending the existing
rules is less practical than repealing the existing rules and publishing new
rules. The modifications are being made as a result of the agency's review
of Title 22, Chapter 5, Subchapter I, as mandated by the Legislature. The
proposal to repeal this section was published in the September 14, 2001, issue
of the
Texas Register
, (26 TexReg 7043).
The agency is adopting new rules with section numbers 5.171, 5.174, 5.178,
5.182, and 5.183 which update and more clearly define the Board's procedures
with regard to disciplinary action.
The agency received no comments regarding the proposal to repeal these
rules.
The repeal is adopted pursuant to Section 5(d) of Article 249e,
Vernon's Texas Civil Statutes, which provides the Texas Board of Architectural
Examiners with authority to adopt rules and includes the implied power to
repeal rules the Board previously adopted.
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 December 19, 2001.
TRD-200108085
Cathy L. Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Effective date: January 8, 2002
Proposal publication date: September 14, 2001
For further information, please call: (512) 305-8535
Chapter 235.
LICENSING
Subchapter D. ISSUANCE OF LICENSES
22 TAC §235.46
The Board of Vocational Nurse Examiners adopts the amendment
of §235.46 relating to Notification of Name or Address without changes
to the proposed text published in the November 16, 2001 issue of the
The amendment addresses required documents for a name change. The amendment
also has new language relating to address changes to comply with compact rules.
No comments were received relative to the adoption of this rule.
The amendment is adopted under Chapter 302, Texas Occupations
Code, Subchapter D, Section 302.151 (b), which provides the Board of Vocational
Nurse Examiners with the authority to make such rules and regulations as may
be necessary to carry in effect the purpose of the law.
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 December 17, 2001.
TRD-200108041
Terrie Hairston, RN, CHE
Executive Director
Board of Vocational Nurse Examiners
Effective date: January 6, 2002
Proposal publication date: November 16, 2001
For further information, please call: (512) 305-7653
Chapter 421.
FRAUDULENT APPLICATION PROHIBITED
22 TAC §421.1
The Texas Commission on Private Security adopts the repeal
of Chapter 421, §421.1, concerning Fraudulent Application Prohibited,
without changes to the proposed text as published in the November 9, 2001,
issue of the
Texas Register
(26 TexReg 8982)
and will not be republished.
The Commission by way of an Ad-Hoc Committee has under taken a comprehensive
review of its commission rules that were in effect prior to December 31, 2001.
The Commission staff and the Ad-Hoc Committee have also reviewed suggestions
and recommendations from individuals and various trade associations. As a
result of this review all of the Commission Rules in effect prior to December
31, 2001, are being repealed, and a new substantive revision of Commission
Rules have been compiled.
No comments were received regarding adoption of the rule.
The repeal is adopted under §1702.061, Texas Occupations
Code which provides the Texas Commission on Private Security with the authority
"to adopt rules and general policies to guide the agency in the administration
of this chapter."
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 December 21, 2001.
TRD-200108226
Dr. Jerry L. McGlasson
Executive Director
Texas Commission on Private Security
Effective date: January 10, 2002
Proposal publication date: November 9, 2001
For further information, please call: (512) 936-2088
22 TAC §421.1
The Texas Commission on Private Security adopts new §421.1,
concerning Definitions, without changes to the proposed text as published
in the November 9, 2001, issue of the
Texas Register
(26 TexReg 8982) and will not be republished.
The new section is being adopted to limit commissioned security officers
or personal protection officers to carry only a firearm of which they have
been formally trained and filed with the Commission.
No comments were received regarding adoption of the rule.
The new section is adopted under Chapter 1702, Texas Occupations
Code, which provides the Texas Commission on Private Security with the authority
"to promulgate all rules and regulations necessary in carrying out the provisions
of this Act."
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 December 21, 2001.
TRD-200108227
Dr. Jerry L. McGlasson
Executive Director
Texas Commission on Private Security
Effective date: January 10, 2002
Proposal publication date: November 9, 2001
For further information, please call: (512) 936-2088
22 TAC §422.1
The Texas Commission on Private Security adopts the repeal
of Chapter 422, §422.1, concerning Definitions, without changes to the
proposed rule as published in the November 9, 2001, issue of the
Texas Register
(26 TexReg 8983) and will not be republished.
The Commission by way of an Ad-Hoc Committee has under taken a comprehensive
review of its commission rules that were in effect prior to December 31, 2001.
The Commission staff and the Ad-Hoc Committee have also reviewed suggestions
and recommendations from individuals and various trade associations. As a
result of this review all of the Commission Rules in effect prior to December
31, 2001, are being repealed, and a new substantive revision of Commission
Rules have been compiled.
No comments were received regarding adoption of the rule.
The repeal is adopted under §1702.061, Texas Occupations
Code which provides the Texas Commission on Private Security with the authority
"to adopt rules and general policies to guide the agency in the administration
of this chapter."
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 December 21, 2001.
TRD-200108228
Dr. Jerry L. McGlasson
Executive Director
Texas Commission on Private Security
Effective date: January 10, 2002
Proposal publication date: November 9, 2001
For further information, please call: (512) 936-2088
22 TAC §422.1, §422.2
The Texas Commission on Private Security adopts new, §422.1
and §422.2, concerning Prohibitions without changes to the proposed text
as published in the November 9, 2001,
Texas Register
(26 TexReg 8983) and will not be republished.
The new sections are being adopted to limit commissioned security officers
or personal protection officers to carry only a firearm of which they have
been formally trained and filed with the Commission.
No comments were received regarding adoption of the rule.
The new sections are adopted under Chapter 1702, Texas Occupations
Code, which provides the Texas Commission on Private Security with the authority
"to promulgate all rules and regulations necessary in carrying out the provisions
of this Act."
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 December 21, 2001.
TRD-200108229
Dr. Jerry L. McGlasson
Executive Director
Texas Commission on Private Security
Effective date: January 10, 2002
Proposal publication date: November 9, 2001
For further information, please call: (512) 936-2088
22 TAC §§423.1 - 423.3
The Texas Commission on Private Security adopts new §§423.1
- 423.3, concerning Rulemaking Procedure, without changes to the proposed
text as published in the November 9, 2001, issue of the
Texas Register
(26 TexReg 8984) and will not be republished.
The new sections are being adopted to limit commissioned security officers
or personal protection officers to carry only a firearm of which they have
been formally trained and filed with the Commission.
No comments were received regarding adoption of the rule.
The new sections are adopted under Chapter 1702, Texas Occupations
Code, which provides the Texas Commission on Private Security with the authority
"to promulgate all rules and regulations necessary in carrying out the provisions
of this Act."
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 December 21, 2001.
TRD-200108230
Dr. Jerry L. McGlasson
Executive Director
Texas Commission on Private Security
Effective date: January 10, 2002
Proposal publication date: November 9, 2001
For further information, please call: (512) 936-2088
22 TAC §§424.1 - 424.9
The Texas Commission on Private Security adopts new §§424.1
- 424.9, concerning Standards without changes to the proposed text as published
in the November 9, 2001, issue of the
Texas Register
(26 TexReg 8985) and will not be republished.
The new sections are adopted to limit commissioned security officers or
personal protection officers to carry only a firearm of which they have been
formally trained and filed with the Commission.
No comments were received regarding adoption of the rule.
The new sections are adopted under Chapter 1702, Texas Occupations
Code, which provides the Texas Commission on Private Security with the authority
"to promulgate all rules and regulations necessary in carrying out the provisions
of this Act."
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 December 21, 2001.
TRD-200108231
Dr. Jerry L. McGlasson
Executive Director
Texas Commission on Private Security
Effective date: January 10, 2002
Proposal publication date: November 9, 2001
For further information, please call: (512) 936-2088
22 TAC §§425.1 - 425.4, 425.10, 425.15, 425.20, 425.25, 425.30, 425.35, 425.40 - 425.42, 425.50, 425.55, 425.70, 425.81, 425.85, 425.86, 425.90 - 425.94
The Texas Commission on Private Security adopts the repeal
of Chapter 425, §§425.1 - 425.4, 425.10, 425.15, 425.20, 425.25,
425.30, 425.35, 425.40 - 425.42, 425.50, 425.55, 425.70, 425.81, 425.85, 425.86,
and 425.90 - 425.94, concerning Licensed Companies, without changes to the
proposed text as published in the November 9, 2001, issue of the
Texas Register
(26 TexReg 8987) and will not be republished.
The proposed repeal of §425.80 has been contemporaneously withdrawn
and re-proposed elsewhere in this issue of the
Texas
Register
. The Texas Commission on Private Security also has withdrawn
from consideration the proposed amendment to §425.80 which appeared in
the July 27, 2001, issue of the
Texas Register
(26 TexReg 5569). The July 27th amendment to §425.80 should have been
withdrawn previously, however it was inadvertently omitted. The Texas Commission
on Private Security inadvertently omitted proposed new §426.1, concerning
Written Examination, from the November 9, issue of the
Texas Register
. The subject matter in the proposed repeal of §425.80
is the same subject matter in proposed new §426.1. In order to have the
subject matter currently in place as an existing rule, §425.80 has been
proposed for repeal and §426.1 has been proposed as a new rule elsewhere
in this issue of the
Texas Register
. New §426.1
will replace current §425.80 at the time of adoption.
The Commission by way of an Ad-Hoc Committee has under taken a comprehensive
review of its commission rules that were in effect prior to December 31, 2001.
The Commission staff and the Ad-Hoc Committee have also reviewed suggestions
and recommendations from individuals and various trade associations. As a
result of this review all of the Commission Rules in effect prior to December
31, 2001, are being repealed, and a new substantive revision of Commission
Rules have been compiled.
No comments were received regarding adoption of the rules.
The repeals are proposed under §1702.061, Texas Occupations
Code which provides the Texas Commission on Private Security with the authority
"to adopt rules and general policies to guide the agency in the administration
of this chapter."
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 December 21, 2001.
TRD-200108232
Dr. Jerry L. McGlasson
Executive Director
Texas Commission on Private Security
Effective date: January 10, 2002
Proposal publication date: November 9, 2001
For further information, please call: (512) 936-2088
22 TAC §425.1
The Texas Commission on Private Security adopts new §425.1,
concerning Summary Suspension, without changes to the proposed text as published
in the November 9, 2001, issue of the
Texas Register
(26 TexReg 8988) and will not be republished.
The new section is being adopted to limit commissioned security officers
or personal protection officers to carry only a firearm of which they have
been formally trained and filed with the Commission.
No comments were received regarding adoption of the rule.
The new section is adopted under Chapter 1702, Texas Occupations
Code, which provides the Texas Commission on Private Security with the authority
"to promulgate all rules and regulations necessary in carrying out the provisions
of this Act."
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 December 21, 2001.
TRD-200108233
Dr. Jerry L. McGlasson
Executive Director
Texas Commission on Private Security
Effective date: January 10, 2002
Proposal publication date: November 9, 2001
For further information, please call: (512) 936-2088
22 TAC §§426.2 - 426.15
The Texas Commission on Private Security adopts new §§426.2
- 426.15, concerning General Administration and Examination without changes
to the proposed text as published in the November 9, 2001, issue of the
Proposed new §426.1 has been contemporaneously published elsewhere
in this issue of the
Texas Register
. The proposed
repeal of §425.80 has been contemporaneously withdrawn and re-proposed
elsewhere in this issue of the
Texas Register
.
The Texas Commission on Private Security also has withdrawn from consideration
the proposed amendment to §425.80 which appeared in the July 27, 2001,
issue of the
Texas Register
(26 TexReg 5569).
The July 27th amendment to §425.80 should have been withdrawn previously,
however it was inadvertently omitted. The Texas Commission on Private Security
inadvertently omitted proposed new §426.1, concerning Written Examination,
from the November 9, 2001, issue of the
Texas Register
. The subject matter in the proposed repeal of §425.80 is the
same subject matter in proposed new §426.1. In order to have the subject
matter currently in place as an existing rule, §425.80 has been proposed
for repeal and §426.1 has been proposed as a new rule elsewhere in this
issue of the
Texas Register
. New §426.1
will replace current §425.80 at the time of adoption.
The Texas Commission on Private Security has undertaken a comprehensive
review of its Commission Rules that were in effect prior to September 1, 2001.
Additionally, Agency Staff and Commission members have reviewed the Legislative
changes to Chapter 1702, Texas Occupations Code by the 77th Legislature. The
Agency Staff and Commission Members also reviewed suggestions and recommendations
from individuals and various Trade associations. As a result of this review
all of the Commission Rules are being adopted herewith.
The new sections are being adopted to comply with the Legislative changes
to Chapter 1702, Texas Occupations Code by the 77th Legislature and replaces
those Commission Rules which are being repealed.
No comments were received regarding adoption of the rules.
The new sections are adopted under Chapter 1702, Texas Occupations
Code, which provides the Texas Commission on Private Security with the authority
"to promulgate all rules and regulations necessary in carrying out the provisions
of this Act."
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 December 21, 2001.
TRD-200108234
Dr. Jerry L. McGlasson
Executive Director
Texas Commission on Private Security
Proposal publication date: January 10, 2002
For further information, please call: (512) 936-2088
22 TAC §427.1 - 427.3
The Texas Commission on Private Security adopts new §§427.1
- 427.3, concerning Administrative Hearings without changes to the proposed
text as published in the November 9, 2001, issue of the
Texas Register
(26 TexReg 8990) and will not be republished.
The new sections are being adopted to limit commissioned security officers
or personal protection officers to carry only a firearm of which they have
been formally trained and filed with the Commission.
No comments were received regarding adoption of the rules.
The new sections are adopted under Chapter 1702, Texas Occupations
Code, which provides the Texas Commission on Private Security with the authority
"to promulgate all rules and regulations necessary in carrying out the provisions
of this Act."
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 December 21, 2001.
TRD-200108235
Dr. Jerry L. McGlasson
Executive Director
Texas Commission on Private Security
Effective date: January 10, 2002
Proposal publication date: November 9, 2001
For further information, please call: (512) 936-2088
22 TAC §429.1
The Texas Commission on Private Security adopts new §429.1,
concerning Guard Dogs, without changes to the proposed text as published in
the November 9, 2001, issue of the
Texas Register
(26 TexReg 8991) and will not be republished.
The new section is being adopted to limit commissioned security officers
or personal protection officers to carry only a firearm of which they have
been formally trained and filed with the Commission.
No comments were received regarding adoption of the rule.
The new section is adopted under Chapter 1702, Texas Occupations
Code, which provides the Texas Commission on Private Security with the authority
"to promulgate all rules and regulations necessary in carrying out the provisions
of this Act."
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 December 21, 2001.
TRD-200108236
Dr. Jerry L. McGlasson
Executive Director
Texas Commission on Private Security
Proposal publication date: January 10, 2002
For further information, please call: (512) 936-2088
22 TAC §§430.1, 430.5, 430.10, 430.20 - 430.22, 430.31, 430.35, 430.36, 430.40, 430.45, 430.50
The Texas Commission on Private Security adopts the repeal
of Chapter 430, §§430.1, 430.5, 430.10, 430.20 - 430.22, 430.31,
430.35, 430.36, 430.40, 430.45, and 430.50, concerning Commissioned Officers/Personal
Protection Officers, without changes to the proposed text as published in
the November 9, 2001, issue of the
Texas Register
(26 TexReg 8992) and will not be republished.
The Commission by way of an Ad-Hoc Committee has under taken a comprehensive
review of its commission rules that were in effect prior to December 31, 2001.
The Commission staff and the Ad-Hoc Committee have also reviewed suggestions
and recommendations from individuals and various trade associations. As a
result of this review all of the Commission Rules in effect prior to December
31, 2001, are being repealed, and a new substantive revision of Commission
Rules have been compiled.
No comments were received regarding adoption of the repeals.
The repeal is adopted under §1702.061, Texas Occupations
Code which provides the Texas Commission on Private Security with the authority
"to adopt rules and general policies to guide the agency in the administration
of this chapter."
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 December 21, 2001.
TRD-200108237
Dr. Jerry L. McGlasson
Executive Director
Texas Commission on Private Security
Proposal publication date: January 10, 2002
For further information, please call: (512) 936-2088
22 TAC §§430.1 - 430.6
The Texas Commission on Private Security adopts new, §§430.1
- 430.6, concerning Commissioned Security Officers. Sections 430.1, 430.2,
430.4 - 430.6 are adopted without changes to the proposed text as published
in the November 9, 2001, issue of the
Texas Register
(26 TexReg 8992). Section 430.3 is adopted with changes to the proposed
text as published in the November 9, 2001, issue of the
Texas Register
(26 TexReg 8992).
Section 430.3(a) is adopted with a minor change. The Commission decided
to change 20% of a licensee's commissioned security officers' drug screening
to 15% to reflect the original percentage requirement in the repealed section.
The Texas Commission on Private Security has undertaken a comprehensive
review of its Commission Rules that were in effect prior to September 1, 2001.
Additionally, Agency Staff and Commission members have reviewed the Legislative
changes to Chapter 1702, Texas Occupations Code by the 77th Legislature. The
Agency Staff and Commission Members also reviewed suggestions and recommendations
from individuals and various Trade associations. As a result of this review
all of the Commission Rules is being adopted herewith.
The new sections are adopted to comply with the Legislative changes to
Chapter 1702, Texas Occupations Code by the 77th Legislature and replaces
those Commission Rules which are being repealed.
The new sections are adopted to limit commissioned security officers or
personal protection officers to carry only a firearm of which they have been
formally trained and filed with the Commission.
No comments were received regarding adoption of the rules.
The new sections are adopted under Chapter 1702, Texas Occupations
Code, which provides the Texas Commission on Private Security with the authority
"to promulgate all rules and regulations necessary in carrying out the provisions
of this Act."
§430.3.Drug Testing Required for Commissioned Security Officers.
(a)
At least 15% of a licensee's commissioned security officers
at the main office and branch offices must submit to a commercially available
means of drug screening, or be examined by a licensed physician each quarter
and be declared in writing to show no trace of drug dependency or illegal
drug use.
(b)
Any drug test performed under subsection (a) of this section
shall include tests for at least methamphetamine, THC and other cannibinoids,
cocaine, opiates and amphetamines.
(c)
No licensee shall place on duty any commissioned security
officer who tests positive for any drug(s) or substance(s) until a successive
test indicates no trace of the drug(s) or substance(s) for which the tests
are performed.
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 December 21, 2001.
TRD-200108238
Dr. Jerry L. McGlasson
Executive Director
Texas Commission on Private Security
Proposal publication date: January 10, 2002
For further information, please call: (512) 936-2088
22 TAC §§431.1 - 431.3
The Texas Commission on Private Security adopts new, §§431.1
- 431.3, concerning Personal Protection Officers, without changes to the proposed
text as published in the November 9, 2001, issue of the
Texas Register
(26 TexReg 8993) and will not be republished.
The new sections are being adopted to limit commissioned security officers
or personal protection officers to carry only a firearm of which they have
been formally trained and filed with the Commission.
No comments were received regarding adoption of the rules.
The new sections are adopted under Chapter 1702, Texas Occupations
Code, which provides the Texas Commission on Private Security with the authority
"to promulgate all rules and regulations necessary in carrying out the provisions
of this Act."
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 December 21, 2001.
TRD-200108239
Dr. Jerry L. McGlasson
Executive Director
Texas Commission on Private Security
Proposal publication date: January 10, 2002
For further information, please call: (512) 936-2088
22 TAC §432.1, §432.2
The Texas Commission on Private Security adopts new, §432.1
and §432.2, concerning Letters of Authority. Section 432.1 is adopted
without changes to the proposed text as published in the November 9, 2001,
issue of the
Texas Register
and will not be
republished. Section 432.2 is adopted with changes to the proposed text as
published in the November 9, 2001, issue of the
Texas Register
(26 TexReg 8994).
Two minor changes were made to §432.2 as follows. In §432.2(a)(3),
the Commission chose the word "may" over "shall". In §432.2(b), the words,
"at the next regular meeting" were added for clarification.
The Texas Commission on Private Security has undertaken a comprehensive
review of its Commission Rules that were in effect prior to September 1, 2001.
Additionally, Agency Staff and Commission members have reviewed the Legislative
changes to Chapter 1702, Texas Occupations Code by the 77th Legislature. The
Agency Staff and Commission Members also reviewed suggestions and recommendations
from individuals and various Trade associations. As a result of this review
all of the Commission Rules is being adopted herewith.
The new sections are being adopted to comply with the Legislative changes
to Chapter 1702, Texas Occupations Code by the 77th Legislature and replaces
those Commission Rules which are being repealed.
The new sections are adopted to limit commissioned security officers or
personal protection officers to carry only a firearm of which they have been
formally trained and filed with the Commission.
No comments were received regarding adoption of the rules.
The new sections are adopted under Chapter 1702, Texas Occupations
Code, which provides the Texas Commission on Private Security with the authority
"to promulgate all rules and regulations necessary in carrying out the provisions
of this Act."
§432.2.Requirements for Issuance of A Government Letter of Authority.
(a)
A governmental letter of authority shall:
(1)
Be obtained by a governmental entity that employs commissioned
security officers.
(2)
Be issued a number with each governmental letter of authority
approved by the Commission and this number shall be used on all applications
submitted to the Commission.
(3)
Be valid for one year and may be renewed upon receipt of
an acceptable renewal application.
(4)
Be renewed during the calendar month preceding the month
of expiration.
(b)
Holders of a letter of authority shall be subject to all
rules of the Act and Commission, unless specifically exempted by the Executive
Director, and subject to review by the Commission at the next regular meeting.
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 December 21, 2001.
TRD-200108240
Dr. Jerry L. McGlasson
Executive Director
Texas Commission on Private Security
Proposal publication date: January 10, 2002
For further information, please call: (512) 936-2088
22 TAC §§433.1 - 433.5
The Texas Commission on Private Security adopts new §§433.1
- 433.5, concerning General Registration Requirements. Section 433.1 is adopted
with changes to the proposed text as published in the November 9, 2001, issue
of the
Texas Register
(26 TexReg 8995). Sections
433.2 - 433.5 are adopted without changes to the proposed text as published
in the November 9, 2001, issue of the
Texas Register
(26 TexReg 8995) and will not be republished.
Section 433.1(d) is adopted with minor changes for clarification regarding
doctor certification.
The new sections are adopted to limit commissioned security officers or
personal protection officers to carry only a firearm of which they have been
formally trained and filed with the Commission.
No comments were received regarding adoption of the rules.
The new sections are adopted under Chapter 1702, Texas Occupations
Code, which provides the Texas Commission on Private Security with the authority
"to promulgate all rules and regulations necessary in carrying out the provisions
of this Act."
§433.1.Employment Requirements.
(a)
A registrant or commissioned security officer of a licensed
company must meet the specifications defined by the Internal Revenue Service
as an "employee" or "contract laborer."
(b)
A licensee shall not make application for any person knowing
that the conditions of that person's employment do not conform to subsection
(a) of this section.
(c)
In the public interest and to ensure the good conduct of
applicants for a registration or a security officer commission, they shall
meet the requirements of §1702.113 of the Act.
(d)
No licensee shall place on duty any employee who tests
positive for any drug(s) or substance(s) until a successive test indicates
no trace of the drug(s) or substance(s) for which the tests are performed,
unless such medication is being taken under the direction of a license physician.
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 December 21, 2001.
TRD-200108241
Dr. Jerry L. McGlasson
Executive Director
Texas Commission on Private Security
Proposal publication date: January 10, 2002
For further information, please call: (512) 936-2088
22 TAC §§434.1 - 434.5
The Texas Commission on Private Security adopts new, §§434.1
- 434.5, concerning Company Records without changes to the proposed text as
published in the November 9, 2001, issue of the
Texas Register
(26 TexReg 8996) and will not be republished.
The new sections are adopted to limit commissioned security officers or
personal protection officers to carry only a firearm of which they have been
formally trained and filed with the Commission.
No comments were received regarding adoption of the rules.
The new sections are adopted under Chapter 1702, Texas Occupations
Code, which provides the Texas Commission on Private Security with the authority
"to promulgate all rules and regulations necessary in carrying out the provisions
of this Act."
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 December 21, 2001.
TRD-200108242
Dr. Jerry L. McGlasson
Executive Director
Texas Commission on Private Security
Proposal publication date: January 10, 2002
For further information, please call: (512) 936-2088
22 TAC §§435.1 - 435.4, 435.10
The Texas Commission on Private Security adopts the repeal
of Chapter 435, §§435.1 - 435.4 and §435.10, concerning Registrants,
without changes to the proposed text as published in the November 9, 2001,
issue of the
Texas Register
(26 TexReg 8997)
and will not be republished.
The Commission by way of an Ad-Hoc Committee has under taken a comprehensive
review of its commission rules that were in effect prior to December 31, 2001.
The Commission staff and the Ad-Hoc Committee have also reviewed suggestions
and recommendations from individuals and various trade associations. As a
result of this review all of the Commission Rules in effect prior to December
31, 2001, are being repealed, and a new substantive revision of Commission
Rules have been compiled.
No comments were received regarding adoption of the repeals.
The repeals are adopted under §1702.061, Texas Occupations
Code which provides the Texas Commission on Private Security with the authority
"to adopt rules and general policies to guide the agency in the administration
of this chapter."
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 December 21, 2001.
TRD-200108243
Dr. Jerry L. McGlasson
Executive Director
Texas Commission on Private Security
Proposal publication date: January 10, 2002
For further information, please call: (512) 936-2088
22 TAC §435.1, §435.2
The Texas Commission on Private Security adopts new, §435.1
and §435.2, concerning General Reciprocity, without changes to the proposed
text as published in the November 9, 2001, issue of the
Texas Register
(26 TexReg 8997) and will not be republished.
The new sections are adopted to limit commissioned security officers or
personal protection officers to carry only a firearm of which they have been
formally trained and filed with the Commission.
No comments were received regarding adoption of the rules.
The new sections are adopted under Chapter 1702, Texas Occupations
Code, which provides the Texas Commission on Private Security with the authority
"to promulgate all rules and regulations necessary in carrying out the provisions
of this Act."
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 December 21, 2001.
TRD-200108244
Dr. Jerry L. McGlasson
Executive Director
Texas Commission on Private Security
Proposal publication date: January 10, 2002
For further information, please call: (512) 936-2088
22 TAC §440.1
The Texas Commission on Private Security adopts the repeal
of Chapter 440, §440.1, concerning Continuing Education, without changes
to the proposed text as published in the November 9, 2001, issue of the
The Commission by way of an Ad-Hoc Committee has under taken a comprehensive
review of its commission rules that were in effect prior to December 31, 2001.
The Commission staff and the Ad-Hoc Committee have also reviewed suggestions
and recommendations from individuals and various trade associations. As a
result of this review all of the Commission Rules in effect prior to December
31, 2001, are being repealed, and a new substantive revision of Commission
Rules have been compiled.
No comments were received regarding adoption of the rule.
The repeal is adopted under §1702.061, Texas Occupations
Code which provides the Texas Commission on Private Security with the authority
"to adopt rules and general policies to guide the agency in the administration
of this chapter."
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 December 21, 2001.
TRD-200108245
Dr. Jerry L. McGlasson
Executive Director
Texas Commission on Private Security
Effective date: January 10, 2002
Proposal publication date: November 9, 2001
For further information, please call: (512) 936-2088
22 TAC §§440.1, 440.2, 440.4 - 440.19
The Texas Commission on Private Security adopts new §§440.1,
440.2, 440.4 - 440.19, concerning Application for a Training School Approval.
Sections 440.1, 440.2, 440.4-440.7, 440.9-440.19 are adopted without changes
to the proposed text as published in the November 9, 2001, issue of the
Section 440.8(a)(1)(C) is adopted with minor changes because the wording
was confusing to licensees.
The Texas Commission on Private Security has undertaken a comprehensive
review of its Commission Rules that were in effect prior to September 1, 2001.
Additionally, Agency Staff and Commission members have reviewed the Legislative
changes to Chapter 1702, Texas Occupations Code by the 77th Legislature. The
Agency Staff and Commission Members also reviewed suggestions and recommendations
from individuals and various Trade associations. As a result of this review
all of the Commission Rules is being adopted herewith.
The new sections are adopted to comply with the Legislative changes to
Chapter 1702, Texas Occupations Code by the 77th Legislature and replaces
those Commission Rules which are being repealed.
No comments were received regarding adoption of the rules.
The new sections are adopted to limit commissioned security officers
or personal protection officers to carry only a firearm of which they have
been formally trained and filed with the Commission.
The new sections are adopted under Chapter 1702, Texas Occupations Code,
which provides the Texas Commission on Private Security with the authority
"to promulgate all rules and regulations necessary in carrying out the provisions
of this Act."
§440.8.Training Courses.
(a)
Guard Training Courses
(1)
In accordance with the Act, the following training shall
be required of registrants and commissioned security officers:
(A)
Level I--All registrants, and commissioned security officers
including noncommissioned security officers, private investigators, branch
office managers, licensed managers, alarm systems monitors, dog trainers and
security consultants and excluding alarm installers, alarm salespersons, owner,
officers, partners, and shareholders. A certificate indicating completion
of Level I training shall be submitted to the Commission along with the application
to register the individual within 14 days after they commence employment.
(B)
Level II--All noncommissioned security officers and commissioned
security officers. A certificate indicating completion of Level II training
shall be submitted to the Commission within 14 days after they commence employment.
(C)
Level III Training--shall be completed by applicants for
a security officer commission and a personal protection officer authorization.
A certificate indicating completion of Level III Training shall be submitted
to the Commission along with the application to register the individual.
(2)
Level I and Level II may be taught by the manager, the
manager's designee or a Commission approved school and Commission approved
instructor using the most current version of the respective Commission Level
I and Level II Training Course manual.
(3)
Level III and IV shall be taught by a Commission approved
school and Commission approved instructor using the most current version of
the respective Commission Level III and IV manuals.
(4)
Training manuals for Levels I, II, III, and IV will be
prepared by Commission staff and other qualified individuals selected by the
Executive Director.
(5)
The passing grade for all examinations shall be a minimum
of 75% correct answers.
(b)
Alarm Training Courses
(1)
In accordance with the Act, the following training shall
be required of an alarm systems installer and a security salesperson:
(A)
Alarm Level I--All individuals employed as an alarm systems
installer or a security salesperson must hold a certification by a Commission
approved training program to renew an initial registration. An original certificate
indicating successful completion of an Alarm Level I training program shall
be submitted to the Commission along with the proper application to renew
an initial registration.
(B)
The passing grade for all Alarm Level I examinations shall
be a minimum of 70% correct answers.
(C)
An Alarm Level I program shall be taught by a Commission
approved Alarm Instructor.
(2)
A Commission approved Alarm Instructor may teach Commission
approved continuing education courses.
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 December 21, 2001.
TRD-200108246
Dr. Jerry L. McGlasson
Executive Director
Texas Commission on Private Security
Effective date: January 10, 2002
Proposal publication date: November 9, 2001
For further information, please call: (512) 936-2088
22 TAC §441.1
The Texas Commission on Private Security adopts new §441.1,
concerning Personal Protection Officers Training, without changes to the proposed
text as published in the November 9, 2001, issue of the
Texas Register
(26 TexReg 9002) and will not be republished.
The new section is adopted to limit commissioned security officers or personal
protection officers to carry only a firearm of which they have been formally
trained and filed with the Commission.
No comments were received regarding adoption of the rule.
The new section is adopted under Chapter 1702, Texas Occupations
Code, which provides the Texas Commission on Private Security with the authority
"to promulgate all rules and regulations necessary in carrying out the provisions
of this Act."
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 December 21, 2001.
TRD-200108247
Dr. Jerry L. McGlasson
Executive Director
Texas Commission on Private Security
Effective date: January 10, 2002
Proposal publication date: November 9, 2001
For further information, please call: (512) 936-2088
22 TAC §442.1
The Texas Commission on Private Security adopts new §442.1,
concerning Continuing Education with changes to the proposed text as published
in the November 9, 2001, issue of the
Texas Register
(26 TexReg 9003).
Section 442.1(a)(13) has been changed for clarification.
The Texas Commission on Private Security has undertaken a comprehensive
review of its Commission Rules that were in effect prior to September 1, 2001.
Additionally, Agency Staff and Commission members have reviewed the Legislative
changes to Chapter 1702, Texas Occupations Code by the 77th Legislature. The
Agency Staff and Commission Members also reviewed suggestions and recommendations
from individuals and various Trade associations. As a result of this review
all of the Commission Rules is being adopted herewith.
This new section is adopted to comply with the Legislative changes to Chapter
1702, Texas Occupations Code by the 77th Legislature and replaces those Commission
Rules which are being repealed.
The new section is being adopted to limit commissioned security officers
or personal protection officers to carry only a firearm of which they have
been formally trained and filed with the Commission.
No comments were received regarding adoption of the rule.
The new section is adopted under Chapter 1702, Texas Occupations
Code, which provides the Texas Commission on Private Security with the authority
"to promulgate all rules and regulations necessary in carrying out the provisions
of this Act."
§442.1.Continuing Education Courses.
(a)
A license may not be renewed until the required minimum
hours of Commission approved continuing education credits have been obtained
in accordance with the Act and Commission rules. Proof of the required continuing
education must be maintained by the employer and contained in the personnel
file of the registrant's employing company.
(1)
All registrants not specifically addressed in this section
shall complete a total of eight hours of continuing education, seven hours
of which must be in subject matter that relates to the type of registration
held, and one hour of which must cover ethics;
(2)
Non-participating owners, partners, shareholders, non-commissioned
security officers and administrative support personnel are specifically exempted
from the continuing education requirements.
(3)
Private investigators and managers of Class A and Class
C licenses shall complete a total of 16 hours of continuing education, 14
hours of which must be in subject matter that relates to the type of registration
held, and two hours of which must be over ethics;
(4)
Any person registered as a private investigator who fails
to complete 16 hours of continuing education during the 24 months of an initial
registration is not eligible to make new or renewal application until such
time as the training requirement for the previous registration period has
been satisfied.
(5)
Commissioned security officers and personal protection
officers shall complete six hours of continuing education. Continuing education
for commissioned security officers and personal protection officers must be
taught by schools and instructors approved by the Commission to instruct commissioned
security officers as defined in §1702.1685. Commissioned security officers
shall submit a firearms proficiency certificate along with their renewal application.
(6)
All registrants shall indicate they have completed the
required minimum hours of Commission-approved continuing education credits
on their application for renewal. A renewal application shall also include
name of school, school number, seminar number, seminar date, and credits earned.
(7)
Continuing education schools shall report attendees of
continuing education classes to Commission within 30 days of class completion.
This report shall include the school number, instructor number, date and location
of school. In addition to the following information for each participate:
name, SSN and continuing education credit earned.
(8)
During the 1st 24 months of initial registration each person
employed as an alarm system installer or alarm systems salesperson must complete
20 hours of classroom instruction, as described in Chapter 1702 Occupation
Code. Any person employed as an alarm systems installer or alarm systems salesperson
must obtain 8 hours of continuing education credits in alarm related field
during each subsequent 24 month period preceding the expiration date of registration
in order to renew the registration.
(9)
Any person licensed as an alarm systems installer or alarm
systems salesperson who fails to complete 20 hours of training during the
24 months of initial licensure or who fails to complete 8 hours of continuing
education during any subsequent licensing period is not eligible to make new
or renewal application until such time as all training requirements for the
previous license period have been satisfied.
(10)
Alarm monitors shall complete four hours of continuing
education in subject matter that relates to the duties and responsibilities
of an alarm monitor.
(11)
The Executive Director or his designee shall approve classes
for continuing education that are determined to meet the qualifications of
the Act and Commission rules.
(12)
Any person licensed by the Commission as an alarm instructor
shall be authorized to instruct all alarm continuing education courses approved
by the Commission.
(13)
Any person licensed by the Commission as a Level III or
Level IV Instructor shall be authorized to instruct all continuing education
courses approved by the Commission excluding alarm continuing education.
(b)
Continuing education instructors shall provide a certificate
of completion to each person successfully completing the continuing education
course within 7 days after the date of course completion.
(1)
The continuing education certificate of completion shall
contain:
(A)
The name and social security number of the person attending
the course;
(B)
The title and topic of the course;
(C)
The number of hours of instruction provided;
(D)
The signature of the instructor; and
(E)
Any information deemed necessary by the Executive Director.
(2)
The manager of a commissioned security officer training
school conducting a continuing education course for commissioned security
officers shall provide a certificate of completion to each person successfully
completing the course within 7 days after the date the course was completed.
(3)
The certificate of completion for commissioned security
officers shall contain:
(A)
The name and social security number of the person attending
the course;
(B)
The title and topic of the course;
(C)
The number of hours of instruction provided;
(D)
The signature of the instructor and school director; and
(E)
Any information deemed necessary by the Executive Director.
(c)
To receive Commission approval, a continuing education
course shall contain instruction relating to one or more of the following:
(1)
Investigative procedures and practices;
(2)
Business practices;
(3)
Legal aspects of private investigation or private security;
(4)
Ethical aspects of private investigation or private security;
(5)
Handgun proficiency as defined under §1702.168 of
the Act; and/or
(6)
Any other course of instruction approved by the Executive
Director.
(d)
To receive Commission approval, a continuing education
course shall contain at least one clock hour of instruction.
(e)
The Executive Director shall approve courses for continuing
education that are determined to meet the qualifications of these rules and
the Act.
(1)
Courses may be provided for and taught by any organization
or person that, in the Executive Director's discretion, has the education,
knowledge and experience to provide such information.
(2)
A person wishing to conduct a continuing education course
must provide the Executive Director a description of the contents of the curriculum
and the qualifications of any instructor.
(3)
The Executive Director shall inform the person wishing
to conduct the course of the approval or disapproval within 10 working days
of receiving the request.
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 December 21, 2001.
TRD-200108248
Dr. Jerry L. McGlasson
Executive Director
Texas Commission on Private Security
Effective date: January 10, 2002
Proposal publication date: November 9, 2001
For further information, please call: (512) 936-2088
22 TAC §§445.1 - 445.5
The Texas Commission on Private Security adopts the repeal
of Chapter 445, §§445.1 - 445.5, concerning Employee Records, without
changes to the proposed text as published in the November 9, 2001, issue of
the
Texas Register
(26 TexReg 9004) and will
not be republished.
The Commission by way of an Ad-Hoc Committee has under taken a comprehensive
review of its commission rules that were in effect prior to December 31, 2001.
The Commission staff and the Ad-Hoc Committee have also reviewed suggestions
and recommendations from individuals and various trade associations. As a
result of this review all of the Commission Rules in effect prior to December
31, 2001, are being repealed, and a new substantive revision of Commission
Rules have been compiled.
No comments were received regarding adoption of the rules.
The repeals are adopted under §1702.061, Texas Occupations
Code which provides the Texas Commission on Private Security with the authority
"to adopt rules and general policies to guide the agency in the administration
of this chapter."
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 December 21, 2001.
TRD-200108249
Dr. Jerry L. McGlasson
Executive Director
Texas Commission on Private Security
Effective date: January 10, 2002
Proposal publication date: November 9, 2001
For further information, please call: (512) 936-2088
22 TAC §§446.1 - 446.25
The Texas Commission on Private Security adopts the repeal
of Chapter 446, §§446.1 - 446.25, concerning Schools/Instructors/Training,
without changes to the proposed text as published in the November 9, 2001,
issue of the
Texas Register
(26 TexReg 9005)
and will not be republished.
The Commission by way of an Ad-Hoc Committee has under taken a comprehensive
review of its commission rules that were in effect prior to December 31, 2001.
The Commission staff and the Ad-Hoc Committee have also reviewed suggestions
and recommendations from individuals and various trade associations. As a
result of this review all of the Commission Rules in effect prior to December
31, 2001, are being repealed, and a new substantive revision of Commission
Rules have been compiled.
No comments were received regarding adoption of the rules.
The repeals are adopted under §1702.061, Texas Occupations
Code which provides the Texas Commission on Private Security with the authority
"to adopt rules and general policies to guide the agency in the administration
of this chapter."
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 December 21, 2001.
TRD-200108250
Dr. Jerry L. McGlasson
Executive Director
Texas Commission on Private Security
Effective date: January 10, 2002
Proposal publication date: November 9, 2001
For further information, please call: (512) 936-2088
22 TAC §§448.1 - 448.4, 448.10, 448.20, 448.25, 448.30, 448.35
The Texas Commission on Private Security adopts the repeal
of Chapter 448, §§448.1 - 448.4, 448.10, 448.20, 448.25, 448.30,
448.35, concerning Reciprocity, without changes to the proposed text as published
in the November 9, 2001, issue of the
Texas Register
(26 TexReg 9006) and will not be republished.
The Commission by way of an Ad-Hoc Committee has under taken a comprehensive
review of its commission rules that were in effect prior to December 31, 2001.
The Commission staff and the Ad-Hoc Committee have also reviewed suggestions
and recommendations from individuals and various trade associations. As a
result of this review all of the Commission Rules in effect prior to December
31, 2001, are being repealed, and a new substantive revision of Commission
Rules have been compiled.
No comments were received regarding adoption of the rules.
The repeals are adopted under §1702.061, Texas Occupations
Code which provides the Texas Commission on Private Security with the authority
"to adopt rules and general policies to guide the agency in the administration
of this chapter."
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 December 21, 2001.
TRD-200108251
Dr. Jerry L. McGlasson
Executive Director
Texas Commission on Private Security
Effective date: January 10, 2002
Proposal publication date: November 9, 2001
For further information, please call: (512) 936-2088
22 TAC §449.1
The Texas Commission on Private Security adopts the repeal
of Chapter 449, §449.1, concerning Authority to Waive Rules, without
changes to the proposed text as published in the November 9, 2001, issue of
the
Texas Register
(26 TexReg 9006) and will
not be republished.
The Commission by way of an Ad-Hoc Committee has under taken a comprehensive
review of its commission rules that were in effect prior to December 31, 2001.
The Commission staff and the Ad-Hoc Committee have also reviewed suggestions
and recommendations from individuals and various trade associations. As a
result of this review all of the Commission Rules in effect prior to December
31, 2001, are being repealed, and a new substantive revision of Commission
Rules have been compiled.
No comments were received regarding adoption of the rule.
The repeal is adopted under §1702.061, Texas Occupations
Code which provides the Texas Commission on Private Security with the authority
"to adopt rules and general policies to guide the agency in the administration
of this chapter."
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 December 21, 2001.
TRD-200108252
Dr. Jerry L. McGlasson
Executive Director
Texas Commission on Private Security
Effective date: January 10, 2002
Proposal publication date: November 9, 2001
For further information, please call: (512) 936-2088
Subchapter I. DISCIPLINARY ACTION
Subchapter J. COMPLAINT PROCEDURE
Chapter 3.
LANDSCAPE ARCHITECTS
Subchapter I. DISCIPLINARY ACTIONS
Subchapter J. COMPLAINT PROCEDURE
Chapter 5.
INTERIOR DESIGNERS
Subchapter I. DISCIPLINARY ACTION
Subchapter J. COMPLAINT PROCEDURE
Part 11.
BOARD OF VOCATIONAL NURSE EXAMINERS
Part 20.
TEXAS COMMISSION ON PRIVATE SECURITY
Chapter 421.
DEFINITIONS
Chapter 422.
DEFINITIONS
Chapter 422.
PROHIBITIONS
Chapter 423.
RULE MAKING PROCEDURES
Chapter 424.
STANDARDS
Chapter 425.
LICENSED COMPANIES
Chapter 425.
SUMMARY SUSPENSION
Chapter 426.
GENERAL ADMINISTRATION AND EXAMINATION
Chapter 427.
ADMINISTRATIVE HEARINGS
Chapter 429.
GUARD DOGS
Chapter 430.
COMMISSIONED OFFICERS/PERSONAL PROTECTION OFFICERS
Chapter 430.
COMMISSIONED SECURITY OFFICERS
Chapter 431.
PERSONAL PROTECTION OFFICERS
Chapter 432.
LETTERS OF AUTHORITY
Chapter 433.
GENERAL REGISTRATION REQUIREMENTS
Chapter 434.
COMPANY RECORDS
Chapter 435.
REGISTRANTS
Chapter 435.
RECIPROCITY
Chapter 440.
CONTINUING EDUCATION
Chapter 440.
TRAINING
Chapter 441.
PERSONAL PROTECTION OFFICERS TRAINING
Chapter 442.
CONTINUING EDUCATION
Chapter 445.
EMPLOYEE RECORDS
Chapter 446.
SCHOOLS/INSTRUCTORS/TRAINING
Chapter 448.
RECIPROCITY
Chapter 449.
AUTHORITY TO WAIVE RULES
Chapter 449.
DELEGATION OF AUTHORITY