22 TAC §206.1
The Texas Funeral Service Commission (commission) proposes
new §206.1, concerning Default and Repayment Agreements.
The new section is proposed to comply with the requirements of Education
Code, §57.491 which directs all regulatory agencies to adopt rules on
this subject.
The new section describes instances when the commission will and will not
issue new licenses or renew outstanding licenses when a licensee or applicant
is in default on a guaranteed student loan or a repayment agreement.
O.C. "Chet" Robbins, Executive Director has determined that for the first
five-year period the new section is in effect, there will be no fiscal implication
for the state or local governments as a result of enforcing or administering
the proposed section.
Mr. Robbins has also determined that for each year of the first five-year
period the new section is in effect, the public benefit anticipated as a result
of enforcing the section will be eliminating redundancy. There will be no
effect on large, small or micro-businesses. The anticipated economic costs
to persons who are required to comply with this section will be no more nor
less than the costs to the individuals before this new section becomes effective
and there is no impact on local employment.
Comments on the proposal may be submitted to Mr. Robbins at P.O. Box 12217,
Capitol Station, Austin, Texas 78711-1440, (512) 479-5064 (fax), or electronically
to chet.robbins@tfsc.state.tx.us.
The new section is proposed under the authority of the Texas
Occupations Code, §651.152 which authorizes the commission to issue such
rules and regulations as may be necessary to administer Chapter 651. The new
section is also proposed under Education Code, §57.491 which directs
all regulatory agencies to adopt rules on this subject.
No other statutes, articles, or codes are affected by the new section.
§206.1.Default and Repayment Agreements.
Applicability of Education Code. All individual license renewals are
subject to Texas Education Code, §57.491 relating to defaults on guaranteed
student loans and repayment agreements.
(1)
The commission may issue an initial license to a person
who is in default on a guaranteed student loan but shall not renew the license,
unless the applicant furnishes a certification from the Texas Guaranteed Student
Loan Corporation that the licensee has entered into a repayment plan on the
loan or that the licensee is no longer in default on the loan.
(2)
The commission shall not renew the license of a person
who is in default on a guaranteed student loan, unless the renewal is the
first renewal following the commission's receipt of notice of the licensee's
default or the licensee has furnished the certification described in paragraph
(1) of this section.
(3)
The commission shall not renew the license of a person
who defaults on a repayment agreement on a defaulted loan, unless the commission
receives a certification that the licensee has entered into another repayment
agreement or that the licensee is no longer in default.
(4)
The commission shall give the licensee an opportunity for
hearing before taking action concerning the non-renewal of a license for default
on a guaranteed student loan or a repayment agreement.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State on July 20, 2005.
TRD-200502956
O.C. "Chet" Robbins
Executive Director
Texas Funeral Service Commission
Earliest possible date of adoption: September 4, 2005
For further information, please call: (512) 936-2466