19 TAC §157.1101
The Texas Education Agency (TEA) adopts an amendment to §157.1101,
concerning rates of independent hearing examiners. The amendment is adopted
without changes to the proposed text as published in the February 24, 2006,
issue of the
Texas Register
(31 TexReg 1160)
and will not be republished. The adopted amendment increases the hourly compensation
rate of independent hearing examiners who conduct employment hearings at the
local school district level from $100 an hour to $125 an hour and raises the
maximum compensation from $6,400 to $8,000.
Texas Education Code, §21.252(c), requires the commissioner of education
to set hourly rates of compensation for a hearing examiner and to set a maximum
amount of compensation a hearing examiner may receive for a hearing. 19 TAC §157.1101,
adopted to be effective May 8, 1996, is the commissioner rule that implements
this statute. Currently, the rule establishes compensation at $100 per hour
for billable professional services with a maximum of $6,400 for each case.
Independent hearing examiners are attorneys who are certified by the commissioner
and are assigned to preside over and to issue recommendations in local school
district employment hearings. Since the inception of the program in 1995,
the hourly rate of compensation has not changed from $100 an hour with a maximum
of $6,400 per case. In 2005, a consultant issued a recommendation that the
rate be increased to $125 an hour and the maximum compensation be raised accordingly
to $8,000 in order to attract more highly qualified attorneys. This amendment
to 19 TAC §157.1101 implements that recommendation.
No comments were received regarding adoption of the amendment.
The amendment is adopted under the Texas Education Code, §21.252(c),
which authorizes the commissioner of education to set hourly rates of compensation
for a hearing examiner and to set a maximum amount of compensation a hearing
examiner may receive for a hearing.
The amendment implements the Texas Education Code, §21.252(c).
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 April 17, 2006.
TRD-200602196
Cristina De La Fuente-Valadez
Director, Policy Coordination
Texas Education Agency
Effective date: May 7, 2006
Proposal publication date: February 24, 2006
For further information, please call: (512) 475-1497