Proposed Rule Review
Texas State Board of Medical Examiners
Title 22, Part 9
The Texas State Board of Medical Examiners proposes to review Chapter 186,
(§186.1), concerning Supervision of Physician Assistant Students, pursuant
to the Texas Government Code, §2001.039.
The agency's reason for adopting the rules contained in this chapter continues
to exist.
Comments on the proposed review may be submitted to Pat Wood, P.O. Box
2018, MC-901, Austin, Texas 78768-2018.
TRD-200403927
Donald W. Patrick, MD, JD
Executive Director
Texas State Board of Medical Examiners
Filed: June 15, 2004
Texas Department of Agriculture
Title 4, Part 1
The Texas Department of Agriculture (the department) adopts the review
of Title 4, Texas Administrative Code, Part 1, Chapter 17 (Chapter 17), concerning
Marketing and Promotion Division, pursuant to the Texas Government Code, §2001.039,
and readopts this chapter as proposed in its notice of intent to review.
The proposed notice of intent to review was published in the May 14, 2004
issue of the
Texas Register
(29 TexReg 4933).
No comments were received on the proposal.
Section 2001.039 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 original justification for the rules continues to exist. As
part of the review process, the department proposed the amendment of Chapter
17, Subchapter C, §17.52 and 17.55, concerning the department's GO
TEXAN promotional marketing membership program. These sections were also
published in the May 14, 2004 issue of
Texas Register
(29 TexReg 4631). No comments were received on the proposed amendments
and the department has adopted the amendments without changes. The assessment
of Chapter 17 by the department at this time indicates that including the
amended sections, as adopted, the reason for readopting without changes all
sections in Chapter 17 continues to exist.
TRD-200403976
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Filed: June 17, 2004
Title 7, Part 6
The Credit Union Commission has completed the review of Texas Administrative
Code Title 7, Part 6, Chapter 91, §91.301, relating to field of membership
and Chapter 97, §97.205, relating to use of historically underutilized
businesses. Notice of the proposed review was published in the February 27,
2004, issue of the
Texas Register
(29 TexReg
2057).
The Commission received no comments with respect to these rules. The Commission
finds that the reasons for initially adopting 7 TAC §91.301 and §97.205
continue to exist and readopts these sections without changes pursuant to
the requirements of Government Code, §2001.039.
TRD-200404087
Harold E. Feeney
Commissioner
Credit Union Department
Filed: June 22, 2004
Title 16, Part 4
The Texas Department of Licensing and Regulation (Department) readopts,
without changes, 16 TAC Chapter 63, Personnel Employment Services: §§63.1,
63.10, 63.20, 63.21, 63.40, 63.70, 63.80, 63.81, 63.82, and 63.90 in accordance
with the Texas Government Code, §2001.039.
The intent to review was published in the March 26, 2004, issue of the
The Department has conducted a thorough review of the rules in Chapter
63 in accordance with Texas Government Code, §2001.039 which requires
state agencies to review and consider for re-adoption rules adopted under
the Administrative Procedures Act. The review must include, at a minimum,
an assessment that the reason for the rules continues to exist.
As a result of the review, the Department has determined that the rules
continue to be essential in effectuating the provisions of Texas Occupations
Code, Chapters 1901 and 1902, which gives the Texas Commission of Licensing
and Regulation the authority to promulgate and enforce rules and take all
action required to assure compliance with the intent and purpose of the Code.
The rules are re-adopted in accordance with Texas Government Code, §2001.039.
TRD-200404189
William H. Kuntz, Jr.
Executive Director
Texas Department of Licensing and Regulation
Filed: June 23, 2004
The Texas Department of Licensing and Regulation (Department) readopts,
without changes, 16 TAC Chapter 72, Staff Leasing Services: §§72.1,
72.10, 72.20, 72.70, 72.71, 72.80, 72.81, and 72.82 in accordance with the
Texas Government Code, §2001.039.
The intent to review was published in the April 30, 2004, issue of the
The Department has conducted a thorough review of the rules in Chapter
72 in accordance with Texas Government Code, §2001.039 which requires
state agencies to review and consider for re-adoption rules adopted under
the Administrative Procedures Act. The review must include, at a minimum,
an assessment that the reason for the rules continues to exist.
As a result of the review, the Department has determined that the rules
continue to be essential in effectuating the provisions of the Texas Labor
Code, Chapter 91, which gives the Texas Commission of Licensing and Regulation
the authority to promulgate and enforce rules and take all action required
to assure compliance with the intent and purpose of the Code. The rules are
re-adopted in accordance with Texas Government Code, §2001.039.
TRD-200404188
William H. Kuntz, Jr.
Executive Director
Texas Department of Licensing and Regulation
Filed: June 23, 2004
Title 40, Part 12
The Texas Board of Occupational Therapy Examiners adopts the review of
the following chapters:
Chapter 361. Statutory Authority
Chapter 362. Definitions
Chapter 363. Consumer/Licensee Information
Chapter 364. Requirements for Licensure
Chapter 367. Continuing Education
Chapter 368. Open Records
Chapter 369. Display of Licenses
Chapter 370. License Renewal
Chapter 371. Inactive Status
Chapter 372. Provision of Services
Chapter 373. Supervision
Chapter 374. Disciplinary Actions/Detrimental Practice/Complaint Process/Code
of Ethics
Chapter 375. Fees
Chapter 376. Registration of Facilities
The proposed review was published in the April 23, 2004, issue of the
No comments were received regarding adoption of the review.
The agency's reason for adopting the rules contained in these chapters
continues to exist.
This concludes the review of agency rules, pursuant to Texas Government
Code §2001.039 (Administrative Procedures Act).
TRD-200404070
John Maline
Executive Director
Texas Board of Occupational Therapy Examiners
Filed: June 21, 2004
Title 28, Part 2
In accordance with the General Appropriation Act, Article IX, §167,
75th Legislature, the General Appropriations Act, §9-10, 76th Legislature,
and Texas Government Code §2001.039 as added by Senate Bill 178, 76th
Legislature, and pursuant to the notice of intention to review published in
the March 12, 2004, issue of the
Texas Register
(29
TexReg 2756), the Texas Workers' Compensation Commission (the commission)
has assessed whether the reason for adopting or readopting these rules continues
to exist. No comments were received regarding the review of these rules.
As a result of the review, the Commission has determined that the reason
for adoption of these rules continues to exist. Therefore, the Commission
readopts Chapter 142. If the Commission determines that the rules should be
revised or repealed, the repeal or revisions of the rules will be accomplished
in accordance with the Administrative Procedure Act.
CHAPTER 142. DISPUTE RESOLUTION-BENEFIT CONTESTED CASE HEARING
§142.1. Application of the Administrative Procedure Act.
§142.2. Authority of the Hearing Officer.
§142.3. Ex Parte Communications.
§142.4. Delivery of Copies to All Parties.
§142.5. Sequence of Proceedings to Resolve Benefit Disputes.
§142.6. Setting a Benefit Contested Case Hearing.
§142.7. Statement of Disputes.
§142.8. Summary Procedures.
§142.9. Stipulations, Agreements, and Settlements.
§142.10. Continuance.
§142.11. Failure to Attend A Benefit Contested Case Hearing.
§142.12. Subpoena.
§142.13. Discovery.
§142.14. Permission to Use Court Reporter.
§142.16. Decision.
§142.17. Transcript or Duplicate of the Hearing Audiotape.
§142.18. Special Provisions for Cases on Remand from the Appeals Panel.
§142.19. Form Interrogatories.
§142.20. Interlocutory Orders.
TRD-200404056
Susan Cory
General Counsel
Texas Workers' Compensation Commission
Filed: June 21, 2004
In accordance with the General Appropriation Act, Article IX, §167,
75th Legislature, the General Appropriations Act, §9-10, 76th Legislature,
and Texas Government Code §2001.039 as added by Senate Bill 178, 76th
Legislature, and pursuant to the notice of intention to review published in
the February 20, 2004, issue of the
Texas Register
(29 TexReg 1677), the Texas Workers' Compensation Commission (the
commission) has assessed whether the reason for adopting or readopting these
rules continues to exist. No comments were received regarding the review of
these rules.
As a result of the review, the Commission has determined that the reason
for adoption of these rules continues to exist. Therefore, the Commission
readopts Chapter 150. If the Commission determines that the rules should be
revised or repealed, the repeal or revisions of the rules will be accomplished
in accordance with the Administrative Procedure Act.
CHAPTER 150. REPRESENTATION OF PARTIES BEFORE THE AGENCY QUALIFICATIONS
OF REPRESENTATIVES
§150.1. Minimum Standards of Practice for an Attorney.
§150.2. Qualification and Authorization of Attorney to Practice Before
the Commission.
§150.3. Representatives: Written Authorization Required.
TRD-200404057
Susan Cory
General Counsel
Texas Workers' Compensation Commission
Filed: June 21, 2004
Adopted Rule Reviews
Credit Union Department
Texas Department of Licensing and Regulation
Texas Board of Occupational Therapy Examiners
Texas Workers' Compensation Commission