16 TAC §68.74
The Texas Department of Licensing and Regulation ("Department")
adopts new §68.74, regarding procedures for Registered Accessibility
Specialists (RAS) registration renewals in the Architectural Barriers program
as published in the November 29, 2002, issue of the
Texas Register
(27 TexReg 11021), without changes, and will not be
republished.
The rule is necessary to establish procedural requirements for RAS registration
renewals under the Architectural Barriers program.
The Department drafted and distributed the proposed rule to persons internal
and external to the agency. One comment was received on the proposed rule
from a Registered Accessibility Specialist. The comment and the Department's
responses are as follows.
The commenter asked that the Registration Renewal Application Form be posted
on TDLR's Architectural Barriers website. The commenter also asked the Department
to consider including additional language in the rule that would allow a registrant
who has met the requirements of §68.74(a) to continue to perform work
requiring registration under Texas Civil Statutes, Article 9102 until notice
of renewal or rejection is received from the Department.
The Department agrees with the first comment regarding the posting of the
Renewal Application Form on the Department website, and will take steps to
insure that the form is available. The Department agrees with the second comment,
but does not agree that the matter should be addressed in the rule. If a Registered
Accessibility Specialist submits a complete application by the expiration
date, then that person may continue to perform as a RAS until notice of application
denial is received.
The new rule is adopted under Texas Civil Statutes, Article 9102,
Section 5 which authorizes the Department to exercise all necessary powers
to require compliance with the Department's rules and regulations and modifications
thereof and substitutions therefor and Texas Occupations Code, Chapter 51,
which authorizes the Department to adopt rules as necessary to implement this
chapter and any other law establishing a program regulated by the Department.
The statutory provisions affected by the adoption are those set forth in
Texas Civil Statutes, Article 9102 and Texas Occupations Code, Chapter 51.
No other statutes, articles, or codes are affected by the adoption.
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 January 29, 2003.
TRD-200300705
William H. Kuntz, Jr.
Executive Director
Texas Department of Licensing and Regulation
Effective date: February 18, 2003
Proposal publication date: November 29, 2002
For further information, please call: (512) 463-7348