TITLE rule-review

Agency Rule Review Plans

Texas Health Care Information Council

Title 25, Part 16

Filed: April 22, 2002


Texas Optometry Board

Title 22, Part 14

Filed: April 23, 2002


Proposed Rule Reviews

Texas Department of Banking

Title 7, Part 2

The Texas Department of Banking, on behalf of the Finance Commission of Texas (commission), files this notice of intention to review Texas Administrative Code, Title 7, Chapter 21 (Trust Company Corporate Activities), specifically Subchapter G, comprised of §21.91 and §21.92 concerning charter amendments and certain changes in outstanding stock.

The commission undertakes its review of these rules pursuant to Government Code, §2001.039. The department will accept comments for 30 days following the publication of this notice in the Texas Register as to whether the reasons for adopting the sections under review continue to exist.

Any questions or written comments pertaining to this notice of intention to review should be directed to Robin Robinson, Assistant General Counsel, Texas Department of Banking, 2601 North Lamar Boulevard, Austin, Texas 78705, or by email to robin.robinson@banking.state.tx.us. Any changes to rules proposed as a result of the review will be published in the Proposed Rules Section of the Texas Register and will be open for a separate 30-day comment period prior to final adoption or repeal by the commission.

TRD-200202495

Everette D. Jobe

Certifying Official

Texas Department of Banking

Filed: April 23, 2002


Texas Natural Resource Conservation Commission

Title 30, Part 1

The Texas Natural Resource Conservation Commission (commission) files this notice of intention to review and proposes the readoption of Chapter 12, Payment of Fees.

This review of Chapter 12 is proposed in accordance with the requirements of Texas Government Code, §2001.039 (added by Acts 1999, 76th Legislature, Chapter 1499, §1.11(a)), which requires state agencies to review and consider for readoption each of their rules every four years. The review must include an assessment of whether the reasons for the rules continue to exist.

CHAPTER SUMMARY

Chapter 12, Payment of Fees, outlines applicability, penalties and interest on delinquent fees, and consistency of penalties and interest with the tax code. The chapter applies to those fees owed the state under the commission's jurisdiction. The chapter imposes an initial late penalty of 5%; an additional 5% if further delinquent; and interest on delinquent fees. However, penalties and/or interest may not exceed provisions in the Texas Tax Code and may be waived by the executive director for good cause.

PRELIMINARY ASSESSMENT OF WHETHER THE REASONS FOR THE RULES CONTINUE TO EXIST

The commission conducted a preliminary review and determined that the reasons for the rules in Chapter 12 continue to exist. Chapter 12 implements rules for charging penalties and/or interest on delinquent fees in accordance with Texas Water Code, §5.701(a)(2), which requires the commission to "establish uniform and consistent requirements for the assessment of penalties and interest for late payment of fees owed the state under the commission's jurisdiction."

PUBLIC COMMENT

This proposal is limited to the review in accordance with the requirements of Texas Government Code, §2001.039. The commission invites public comment on whether the reasons for the rules in Chapter 12 continue to exist. Comments may be submitted to Patricia Durón, Office of Environmental Policy, Analysis, and Assessment, MC 205, P.O. Box 13087, Austin, Texas 78711- 3087 or faxed to (512) 239-4808. All comments should reference Rule Log Number 2002-015-012- AD. Comments must be received in writing by 5:00 p.m., June 3, 2002. For further information or questions concerning this proposal, please contact Debi Dyer, Policy and Regulations Division, at (512) 239-3972.

TRD-200202513

Stephanie Bergeron

Director, Environmental Law Division

Texas Natural Resource Conservation Commission

Filed: April 23, 2002


The Texas Natural Resource Conservation Commission (commission) files this notice of intention to review and proposes the readoption of Chapter 40, Alternative Dispute Resolution Procedure. This review of Chapter 40 is proposed in accordance with the requirements of Texas Government Code, §2001.039, added by Acts 1999, 76th Legislature, Chapter 1499, §1.11(a), which requires state agencies to review and consider for readoption each of their rules every four years. The review must include an assessment of whether the reasons for the rules continue to exist.

CHAPTER SUMMARY

Chapter 40 provides for the procedures for the use of alternative dispute resolution (ADR) in resolving contested matters before the agency. This chapter contains provisions for the referral of a contested matter for ADR; the appointment and qualifications of mediators; the commencement of ADR proceedings; agreements reached during the proceedings; and confidentiality of communications in ADR procedures.

PRELIMINARY ASSESSMENT OF WHETHER THE REASONS FOR THE RULES CONTINUE TO EXIST

The commission conducted a preliminary review and determined that the reasons for the rules in Chapter 40 continue to exist. The rules are needed to implement Texas Government Code, Chapter 2009, Alternative Dispute Resolution for Use by Governmental Bodies. Chapter 2009 was enacted specifically to establish the state policy that disputes before governmental bodies be resolved as fairly and expeditiously as possible and that each governmental body support this policy by developing and using ADR procedures in appropriate aspects of the governmental body's operations and programs. Chapter 40 establishes procedures for the use of ADR in resolving contested matters before the agency.

PUBLIC COMMENT

This proposal is limited to the review in accordance with the requirements of Texas Government Code, §2001.039. The commission invites public comment on whether the reasons for the rules in Chapter 40 continue to exist. Comments may be submitted to Angela Slupe, Office of Environmental Policy, Analysis, and Assessment, MC 205, P.O. Box 13087, Austin, Texas 78711-3087 or faxed to (512) 239-4808. All comments should reference Rule Log Number 2002-013-040-AD. Comments must be received in writing by 5:00 p.m., June 3, 2002. For further information or questions concerning this proposal, please contact Debra Barber, Policy and Regulations Division, at (512) 239-0412.

TRD-200202514

Stephanie Bergeron

Director, Environmental Law Division

Texas Natural Resource Conservation Commission

Filed: April 23, 2002


Texas Water Development Board

Title 31, Part 10

The Texas Water Development Board (Board) files this notice of intent to review 31 TAC, Part 10, Chapter 368, Flood Mitigation Assistance Program, in accordance with the Texas Government Code, §2001.039. The Board finds that the reason for adopting the chapter continues to exist because it governs the Board's responsibilities for administering the program. The Board concurrently proposes amendments to §§368.1, 368.2, and 368.9. The amendments are proposed for clarification consistent with directives from the Federal Emergency Management Agency.

As required by §2001.039 of the Texas Government Code, the Board will accept comments and make a final assessment regarding whether the reason for adopting each of the rules in Chapter 368 continues to exist. The comment period will last 30 days beginning with the publication of this notice of intention to review.

Comments or questions regarding this rule review may be submitted to Suzanne Schwartz, General Counsel, Texas Water Development, P.O. Box 13231, Austin, Texas, 78711-3231, by e-mail to suzanne.schwartz@twdb.state.tx.us or by fax @ 512/463-5580.

TRD-200202447

Suzanne Schwartz

General Counsel

Texas Water Development Board

Filed: April 22, 2002


Adopted Rule Review

Polygraph Examiners Board

Title 22, Part 19

The Polygraph Examiners Board adopts the review of the following sections from Chapter 397, concerning general rules of practice and procedure, pursuant to the Appropriations Act of 1997, HB 1, Article IX, Section 167. The Texas Polygraph Examiners Board at their November 26, 2001 board meeting, determined that no changes were required to be made at this time to the chapter. The proposed review was published in the October 5, 2001 issue of the Texas Register .

§397.1. Definitions

§397.2. Applicability of Chapter

§397.3. Complaints

§397.4. Notice of Allegations and Opportunity To Respond

§397.5. Complaint Investigations

§397.6. Respondents Denied Licensure

§397.7. Complaint Officers

§397.8. Informal Conference

§397.9. Informal Disposition of Complaints

§397.10. Classification of Parties and Pleadings

§397.11. Appearances Personally or by Representative

§397.12. Conduct and Decorum

§397.13. Agreements To Be in Writing

§397.14. Computation of Time

§397.15. State Office of Administrative Hearings

§397.16. Availability of Administrative Hearing

§397.17. Notice of Administrative Hearing

§397.18. Answer or Response

§397.19. Location of Administrative Hearings

§397.20. Filing of Documents

§397.21. Form and Content of Pleadings

§397.22. Exhibits

§397.23. Amendments

§397.24. Service

§397.25. Texas Rules of Civil Procedure

§397.26. Prefiled Testimony

§397.27. Limitations on the Number of Witnesses in Administrative Proceedings

§397.28. Failure To Attend Hearing; Default Judgment

§397.29. Dismissal Without Hearing

§397.30. Proposals for Decision

§397.31. Form and Content of Briefs, Exceptions, and Replies

§397.32. Final Decisions and Orders

§397.33. Reporters and Transcript

No Comments on the review were received.

This concludes the review of Chapter 397.

TRD-200202474

Frank DiTucci

Executive Director

Polygraph Examiners Board

Filed: April 22, 2002