25 TAC §§295.181 - 295.183
STATUTORY AUTHORITY
The adopted new sections are authorized by Health and Safety Code, §§505.016,
506.017, and 507.013, which provide the former Texas Board of Health (board)
with the authority to adopt necessary rules to administer and enforce Chapters
505, 506, and 507; and Government Code, §531.0055, and Health and Safety
Code, §1001.075, which authorize the Executive Commissioner of the Health
and Human Services Commission, not withstanding any other law, to adopt rules
and policies necessary for the operation and provision of health and human
services by the department and for administration of Health and Safety Code,
Chapter 1001. Review of the sections implements Government Code, §2001.039.
§295.181.General Provisions and Definitions.
(a)
Purpose. The purpose of these rules is to provide facility
operators with specific criteria needed to comply with the Manufacturing Facility
Community Right-to-Know Act, Health and Safety Code (HSC), Chapter 505; the
Public Employer Community Right-to-Know Act, HSC, Chapter 506; and the Nonmanufacturing
Facilities Community Right-to-Know Act, HSC, Chapter 507.
(b)
Scope. These rules are applicable to operators of all facilities
covered by HSC, Chapters 505, 506, or 507.
(c)
Compatibility with Federal Laws. In order to avoid confusion
among manufacturing employers, public employers, nonmanufacturing facilities,
and persons living in this state, the Texas Department of State Health Services
shall implement the Manufacturing Facility Community Right-To-Know Act, the
Public Employer Community Right-to-Know Act, and the Nonmanufacturing Facilities
Community Right-to-Know Act compatibly with the federal Emergency Planning
and Community Right-To-Know Act (EPCRA), which is also known as the Superfund
Amendments and Reauthorization Act of 1986 (SARA), Title III (42 USC §11001
et seq.), and related regulations (Title 40, Code of Federal Regulations (CFR),
Parts 355-370), promulgated by the United States Environmental Protection
Agency (EPA).
(d)
Exclusion for Certain Hazardous Chemicals. These rules
do not apply to a hazardous chemical in a sealed package that is received
and subsequently sold or transferred in that package if:
(1)
the seal remains intact while the chemical is in the facility;
(2)
the chemical does not remain in the facility longer than
five working days; and
(3)
the chemical is not an extremely hazardous substance at
or above the threshold planning quantity or 500 pounds, whichever is less,
as listed by the EPA in 40 CFR, Part 355, Appendices A and B.
(e)
Other Exclusions. This rule does not apply to:
(1)
any hazardous waste, as that term is defined by the federal
Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery
Act of 1976, as amended (42 U.S.C. §6901 et seq.), when subject to regulations
issued under that Act by the EPA;
(2)
tobacco or tobacco products;
(3)
wood or wood products;
(4)
articles;
(5)
food, drugs, cosmetics, or alcoholic beverages in a retail
food sale establishment that are packaged for sale to consumers;
(6)
food, drugs, or cosmetics intended for personal consumption
by an employee while in the facility;
(7)
any consumer product or hazardous substance, as those terms
are defined in the Consumer Product Safety Act (15 U.S.C. Section 2051 et
seq.) and Federal Hazardous Substances Act (15 U.S.C. §1261 et seq.),
respectively, if the employer can demonstrate it is used in the facility in
the same manner as normal consumer use and if the use results in a duration
and frequency of exposure that is not greater than exposures experienced by
consumers;
(8)
any drug, as that term is defined by the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. §301 et seq.), when it is in solid,
final form for direct administration to the patient, such as tablets or pills;
(9)
the transportation, including storage incident to that
transportation, of any substance or chemical subject to this chapter, including
the transportation and distribution of natural gas; and
(10)
radioactive waste.
(f)
Severability. Should any section or subsection in this
subchapter be found to be void for any reason, such finding shall not affect
any other sections.
(g)
Definitions. The following words and terms, when used in
this chapter, shall have the following meanings, unless the context clearly
indicates otherwise:
(1)
505 Act--The Manufacturing Facility Community Right-To-Know
Act, Health and Safety Code, Chapter 505.
(2)
506 Act--The Public Employer Community Right-To-Know Act,
Health and Safety Code, Chapter 506.
(3)
507 Act--The Nonmanufacturing Facilities Community Right-To-Know
Act, Health and Safety Code, Chapter 507.
(4)
Appropriate facility identifiers--A physical location identification
which provides a physical street address or other location identifiers, which
are sufficient for emergency planning purposes and for data management by
the department.
(5)
Article--a manufactured item:
(A)
that is formed to a specific shape or design during manufacture;
(B)
that has end-use functions dependent in whole or in part
on its shape or design during end use; and
(C)
that does not release, or otherwise result in exposure
to, a hazardous chemical under normal conditions of use.
(6)
Commissioner--The Commissioner of the Department of State
Health Services. The Commissioner is referred to as the "director" in the
505 Act §505.004(6), the 506 Act §506.004(6), and the 507 Act §507.004(6).
(7)
Current Tier Two threshold--A quantity which is assigned
to a specific hazardous chemical or extremely hazardous substance in the most
recent version of Title 40 CFR, Part 370, and which determines whether a specific
hazardous chemical or extremely hazardous substance must be included on the
Tier Two form.
(8)
Department--The Department of State Health Services.
(9)
Electronic Tier Two file--An electronic data file that
contains, at a minimum, all of the information required for submission in
a hard copy Tier Two form, and which provides the required Tier Two information
for each individual reportable chemical. This data file must be prepared using
software that has been approved by the department.
(10)
EPCRA or SARA, Title III--The federal Emergency Planning
and Community Right-To-Know Act, also known as the Superfund Amendments and
Reauthorization Act of 1986, Title III, 42 USC, §§11001-11050, and
regulations promulgated by the EPA in Title 40, CFR, Parts 355-370.
(11)
EHS or extremely hazardous substance--Any substance as
defined in EPCRA, §11002, or listed by the EPA in Title 40, CFR, Part
355, Appendices A and B.
(12)
Facility--All buildings, equipment, structures, and other
stationary items that are located on a single site or on contiguous or adjacent
sites and that are owned or operated by the same person or by any person who
controls, is controlled by, or is under common control with that person.
(13)
Facility chemical list--A chemical inventory that provides
information for all reportable hazardous chemicals and EHSs present at a reporting
facility, and which is submitted to the department in the form of a completed
electronic Tier Two file.
(14)
Facility operator--The person who controls the day-to-day
operations of the facility.
(15)
Fire chief--The elected or paid administrative head of
the fire department having jurisdiction over a facility.
(16)
Headquarters facility--Either the facility itself when
the facility is staffed more than 20 hours per week, or, for facilities which
are staffed 20 hours per week or less, the headquarters facility is an office
which is staffed full time by the facility operator and which serves as the
central office for staff who are responsible for overseeing the operations
of the facility.
(17)
Latitude and longitude--A mapping coordinate system, designated
in units of decimal degrees, which serves as a facility location description
on the Tier Two form in lieu of a street address.
(18)
LEPC--The Local Emergency Planning Committee, a group
of individuals representing a designated emergency planning district and whose
membership on the committee has been approved by the Texas State Emergency
Response Commission as meeting the requirements of EPCRA, §11001.
(19)
Manufacturing facilities--Facilities in Standard Industrial
Classification (SIC) Codes 20-39 or North American Industrial Classification
System (NAICS) Codes 31-33.
(20)
Nonmanufacturing facilities--Facilities, other than those
facilities operated by the state or political subdivisions of the state, and
which are classified in SIC Codes 01-19 or SIC Codes 40-99 or NAICS Codes
11-23 or NAICS Codes 42-92.
(21)
North American Industrial Classification System (NAICS)
Code--The six-digit number which describes a facility's primary activity,
which is determined by its principal product or group of products produced.
The NAICS Codes were developed jointly by the U.S., Canada, and Mexico to
provide comparability in statistics about business activity across North America
and has replaced the U.S. Standard Industrial Classification (SIC) system.
For the purposes of these rules, the NAICS Code is the one that is assigned
to a facility by the Texas Workforce Commission. If a facility does not have
a NAICS Code assigned by the Texas Workforce Commission, then the department
must be consulted for assistance in determining the correct code.
(22)
Public employer facilities--Facilities operated by the
state or political subdivisions of the state. These include educational institutions
such as the University of Texas.
(23)
Research laboratory--A laboratory that engages in only
research or quality control operations. Chemical specialty product manufacturing
laboratories, full scale pilot plant operation laboratories that produce products
for sale, and service laboratories are not research laboratories.
(24)
Standard Industrial Classification (SIC) Code--The four-digit
number which describes a facility's primary activity, which is determined
by its principal product or group of products produced. This code is outdated
and has been replaced with the NAICS Code.
(25)
Submission or required submission--The facility chemical
list information which is submitted to the department in the form of an electronic
Tier Two file for a single facility. When facility chemical list information
for multiple facilities is submitted to the department as one electronic Tier
Two file, then the electronic Tier Two file shall be counted by the department
as multiple required submissions.
(26)
Technically qualified individual--An individual with a
professional education and background working in the research or medical fields,
such as a physician, a registered nurse, or an individual holding a college
bachelor's degree in science.
(27)
Texas Tier Two Electronic Filing Cover Sheet form--A form
developed by the department to collect general information about each reporting
facility which is submitting an electronic Tier Two file.
(28)
Tier Two form--An electronic document that provides information
for all reportable hazardous chemicals and EHSs present at a reporting facility.
An "annual Tier Two form" provides the information for all hazardous chemicals
and EHSs present at a facility at any time during the previous calendar year
in quantities that met or exceeded the then current Tier Two thresholds. An
"initial Tier Two form" is one that provides information for hazardous chemicals
or EHSs that meet or exceed the current Tier Two thresholds, but which were
not reported on a previously submitted annual Tier Two form. An "updated Tier
Two form" is one that provides significant new information concerning an aspect
of one or more hazardous chemicals or EHSs which were previously reported
on either the annual or first time Tier Two forms submitted by a facility,
and contains all the required information for hazardous chemicals or EHSs
at the facility that meet or exceed the current Tier Two thresholds. A "modified
Tier Two form" provides information for all hazardous chemicals and EHSs that
are present at a facility at a threshold of 500 pounds; this type of report
may be prepared in response to a request from a citizen for information, in
lieu of the workplace chemical list.
(29)
Workplace chemical list--A list of hazardous chemicals
developed under Title 29 CFR, §1910.1200(e)(1)(i), or the Texas Hazard
Communication Act, §502.005(a).
§295.182.Responsibilities and Requirements.
(a)
Responsibility for implementation of program. The department's
responsibilities under the 505 Act, the 506 Act, and the 507 Act are carried
out through the Department of State Health Services, Tier Two Chemical Reporting
Program. Compliance documents and routine inquiries regarding this Rule shall
be addressed to the Department of State Health Services, Tier Two Chemical
Reporting Program, 1100 West 49th Street, Austin, Texas 78756-3199, website:
www.texastiertwo.com, 512-834-6603, or at the in-Texas only toll-free telephone
number 1-800-452-2791.
(b)
Facility chemical list.
(1)
A facility operator covered by the 505 Act, the 506 Act,
or the 507 Act shall compile and maintain a facility chemical list using the
most current version of the electronic Tier Two software program.
(2)
Facility operators shall file an annual Tier Two form and
the appropriate filing fee with the department no later than March 1 of each
year.
(3)
A facility operator required to submit an annual Tier Two
form under paragraph (2) of this subsection shall furnish a copy of this form
no later than March 1 of each year to the following entities:
(A)
the appropriate fire chief; and
(B)
the appropriate LEPC.
(4)
A facility operator shall submit an initial Tier Two form
and the appropriate filing fee to the department within 90 days after the
date that the facility operator:
(A)
begins operation and acquires one or more hazardous chemicals
or EHSs which meet or exceed any of the current Tier Two thresholds; or
(B)
first acquires one or more hazardous chemicals or EHSs
which meet or exceed any of the current Tier Two thresholds and which were
not reported on the most recently submitted annual Tier Two form; or
(C)
determines that one or more hazardous chemicals or EHSs
which meet or exceed any of the current Tier Two thresholds were omitted from
the most recently submitted annual Tier Two form.
(5)
A facility operator required to submit an initial Tier
Two form under paragraph (4) of this subsection shall furnish a copy of this
form within 90 days after the date that the facility operator first becomes
subject to the requirements of paragraph (4) of this subsection to the following
entities:
(A)
the appropriate fire chief; and
(B)
the appropriate LEPC.
(6)
A facility operator shall file an updated Tier Two form
with the department not later than the 90th day after the date on which the
operator discovers significant new information concerning an aspect of a previously
reported hazardous chemical or EHS which was reported on either an annual
or initial Tier Two form submitted by the facility. No fee will be charged
for filing this report.
(7)
A facility operator required to submit an updated Tier
Two form under paragraph (6) of this subsection shall furnish a copy of this
form within 90 days after the date that the facility operator first becomes
subject to the requirements of paragraph (6) of this subsection to the following
entities:
(A)
the appropriate fire chief; and
(B)
the appropriate LEPC.
(8)
A facility operator covered by this section must submit
to the department an electronic Tier Two file of the facility chemical list
using software and a submission procedure that has been approved by the department.
A copy of the completed versions of the electronic Tier Two file, any other
document required by the department, and the appropriate filing fee shall
be submitted to the department to comply with this subsection.
(9)
A facility operator must contact the fire chief for approval
to submit an electronic Tier Two file of the facility chemical list in lieu
of the printed copy of the electronic Tier Two file. If approved by the fire
chief, a facility operator may submit an electronic Tier Two file of the facility
chemical list and be in compliance with this subsection. A facility operator
must contact the chair of the LEPC for approval to submit an electronic Tier
Two file of the facility chemical list in lieu of the printed copy of the
electronic Tier Two file. If approved by the LEPC chair, a facility operator
may submit an electronic Tier Two file of the facility chemical list and be
in compliance with this subsection.
(10)
A facility operator shall maintain at the headquarters
facility either an electronic file or a printed copy of the facility's current
annual Tier Two form until such time as the facility operator files the following
year's annual Tier Two form with the department.
(11)
Multiple facilities may be reported in the same Tier Two
electronic file, as long as all of the facilities are under the control of
a single facility operator.
(12)
In providing appropriate facility identifiers, a facility
operator shall provide under the Facility Identification sections of the Texas
Tier Two form one of the following descriptions:
(A)
for a facility located within a city's limits, the description
must provide the following information:
(i)
the street address or, if the facility does not have a
street address, the latitude and longitude coordinates for the facility;
(ii)
the name of the city; and
(iii)
the zip code for the facility.
(B)
for a facility located in an area outside of a city's limits,
the description must include either a street address or the latitude and longitude
for the facility. Latitude and longitude values shall be given in units of
decimal degrees to four decimal places. Latitude and longitude values shall
be obtained using a Global Positioning System instrument which has been calibrated
to either the North American Datum of 1983 or the World Geodesic System of
1984.
(c)
Direct citizen access to information.
(1)
A manufacturing or public employer facility must provide
within 10 working days of the date of receipt of a citizen's request under
the 505 Act, §505.007(a), or the 506 Act, §506.007(a), a paper copy
of the facility's existing workplace chemical list or a paper copy of the
modified Tier Two form using a 500-pound threshold for each hazardous chemical
at the facility. Except as otherwise provided in this section, such documents
shall be furnished or mailed to the citizen requesting the information. The
modified Tier Two form must include completed chemical description blocks
for each chemical reported.
(2)
A manufacturing or public employer facility that has received
five requests under paragraph (1) of this subsection in a calendar month,
four requests in a calendar month for two or more months in a row, or more
than 10 requests in a year may elect to furnish the material to the department
so the department may respond to further requests for information about hazardous
chemicals at the facility.
(3)
A manufacturing or public employer facility electing to
furnish materials to the department must notify the department in writing,
and must provide to the department copies of the previous requests which meet
the request frequency rate as specified in paragraph (2) of this subsection.
The facility must inform persons making requests under paragraph (1) of this
subsection of the availability of the information at the department and refer
the request to the department for that filing period. The notice to persons
making requests shall state the address of the department and shall be mailed
within seven days of the date of receipt of the request, if by mail, and at
the time of the request if in person.
§295.183.Compliance and Fees.
(a)
Complaints and investigations.
(1)
The department has the right to inspect. The commissioner
or his designated representatives may enter a facility at reasonable times
to conduct compliance inspections. Advance notice is not required. It is a
violation of these rules for a person to interfere with, deny, or delay an
inspection or investigation conducted by a department representative.
(2)
The commissioner or his designated representative shall
investigate in a timely manner a complaint relating to an alleged violation
of the 505 Act, the 506 Act, the 507 Act or these rules. Such complaints do
not have to be submitted to the department in writing and may be anonymous.
An inspection based on a complaint is not limited to the specific allegations
of the complaint. A facility operator who refuses to allow such an investigation
shall be in violation of these rules. Complaints are not necessary to conduct
an inspection.
(3)
The department may find multiple violations by a facility
operator based on specific requirements of the 505 Act, the 506 Act, the 507
Act or these rules.
(4)
Upon request from a representative of the commissioner,
a facility operator shall make or allow photocopies of documents to be made
and permit the representative to take photographs to verify the compliance
status of the employer. Such requests may be made during a compliance inspection
or a follow-up request after an inspection.
(b)
Administrative penalties.
(1)
Inspections may be conducted by the commissioner or his
designated representative to determine if persons are in violation of the
505 Act, the 506 Act, the 507 Act or these rules. Persons found to be in violation
will be notified in writing of any alleged violations and proposed penalties
or other enforcement action.
(2)
Manufacturing facility operators found to be in violation
of the 505 Act or these rules are subject to administrative penalties, as
authorized by the 505 Act, to be administered in accordance with the procedures
detailed in the 505 Act, §§505.010, 505.011, and 505.012, and this
section.
(3)
Public employer facility operators found to be in violation
of the 506 Act or these rules are subject to administrative penalties, as
authorized by the 506 Act, to be administered in accordance with the procedures
detailed in the 506 Act, §§506.010, 506.011, and 506.012, and this
section.
(4)
Nonmanufacturing facility operators found to be in violation
of the 507 Act or these rules are subject to administrative penalties, as
authorized by the 507 Act, to be administered in accordance with the procedures
detailed in the 507 Act, §§507.009, 507.010, and 507.011, and this
section.
(5)
Each violation may be assessed as a separate penalty. The
total penalty for a violation is the sum of all per day violation penalties.
(6)
Penalties shall be due after an order is issued by the
commissioner. An order may be issued on or after the 16th business day following
the date that a written notification of violation is received by the facility
operator, unless the department receives an acceptable written response that
documents that each violation has been corrected, an informal conference has
been requested, or a formal hearing has been requested. If an informal conference
is held, the facility operator must respond as set forth in paragraph (8)
of this subsection within 10 days after the facility operator receives a summary
letter following the informal conference.
(7)
If a violation involves a failure to make a good faith
effort to comply with these rules by a manufacturing facility or a nonmanufacturing
facility, the commissioner may assess the administrative penalty at any time.
(8)
The written response to the department's summary letter
from the facility operator must address each violation separately and must
provide the documentation requested by the department or an acceptable alternative
agreed to by the department. An inappropriate or unacceptable response may
result in a penalty being assessed for the underlying violations.
(9)
Violations will be classified in one of three severity
levels:
(A)
a minor violation is related to a minor records keeping
deficiency;
(B)
a serious violation is related to failure to pay filing
fees for required submissions, minor omissions of information from Tier Two
forms, or substantial records keeping deficiencies; or
(C)
a critical violation is related to substantial omissions
of information from Tier Two forms, failure to submit required information,
or denial of entry.
(10)
For manufacturing facilities, a penalty may be assessed,
not to exceed $500 a day for each day a violation continues, with a total
penalty not to exceed $5,000 for each violation.
(11)
For public employer facilities and nonmanufacturing facilities,
a penalty may be assessed, not to exceed $50 a day for each day a violation
continues, with a total penalty not to exceed $1,000 for each violation.
(12)
Individual penalties may be reduced or enhanced based
on consideration of the history of previous violations, the degree of hazard
to the health and safety of the public, good-faith efforts made to correct
violations promptly, and on any other consideration that justice may require.
(13)
Failure to file a Tier Two form with the department will
be considered a violation that may not require an inspection. Other violations
may be confirmed by the department through correspondence with authorized
company officials and may not warrant an inspection.
(14)
At its option, the department may accept appropriate documentation
provided by the facility as evidence of compliance status.
(15)
Examples of violations for the various severity levels
include, but are not limited to:
(A)
minor violations having a penalty of $100 per day for manufacturing
facilities and $10 per day for public employer facilities and nonmanufacturing
facilities:
(i)
failure to sign or date Tier Two forms filed with the department;
(ii)
failure to maintain a copy of an updated Tier Two form
at the facility; or
(iii)
failure to provide adequate chemical description information
required for each hazardous chemical on the Tier Two form.
(B)
serious violations having a penalty of $300 per day for
manufacturing facilities and $30 per day for public employer facilities and
nonmanufacturing facilities:
(i)
failure to include significant information regarding reportable
quantity hazardous chemicals on any Tier Two form submitted to the department,
the fire chief, or the LEPC;
(ii)
failure to file an initial Tier Two form with the department,
the fire chief, or the LEPC, within 90 days after the date on which the operator
begins operation or the facility exceeds the reporting threshold for a previously
unreported hazardous chemical;
(iii)
failure to submit the appropriate Tier Two form filing
fee to the department;
(iv)
failure to provide significant information required for
the Texas Tier Two Electronic Filing Cover Sheet; or
(v)
failure to provide a map when required for submission of
a Tier Two form.
(C)
critical violations having a penalty of $500 per day for
manufacturing facilities and $50 per day for public employer facilities and
nonmanufacturing facilities:
(i)
failure to include significant information related to hazardous
chemicals on a Tier Two form submitted to the department, the fire chief,
or the LEPC;
(ii)
failure to submit a required Tier Two form to the department,
the fire chief, or the LEPC;
(iii)
interfering with, denying or delaying an inspection or
investigation conducted by a representative of the department;
(iv)
interfering with, denying or delaying an on-site inspection
of a facility conducted by the fire chief or the fire chief's representative;
(v)
upon request from a fire chief or LEPC, failure to provide
such additional information as is needed for planning purposes; or
(vi)
upon request from a citizen, failure to provide within
the time limits specified in §295.182(c)(1) of this title a copy of the
facility's existing workplace chemical list or a modified Tier Two form using
a 500-pound threshold for all hazardous chemicals at the facility.
(c)
Fees.
(1)
The department shall charge a fee for each required annual
and initial Tier Two form. The fee must accompany the Tier Two form when submitted
to the department.
(2)
Annual fees for the annual and initial Tier Two forms are
based on the number of hazardous chemicals present at a facility and shall
be:
(A)
For a manufacturing facility:
(i)
$100 for each required submission having no more than 25
hazardous chemicals;
(ii)
$200 for each required submission having no more than
50 hazardous chemicals;
(iii)
$300 for each required submission having no more than
75 hazardous chemicals;
(iv)
$400 for each required submission having no more than
100 hazardous chemicals; or
(v)
$500 for each required submission having more than 100
hazardous chemicals.
(B)
For a public employer facility or nonmanufacturing facility:
(i)
$50 for each required submission having no more than 75
hazardous chemicals or hazardous chemical categories; or
(ii)
$100 for each required submission having more than 75
hazardous chemicals or hazardous chemical categories.
(3)
For the purpose of minimizing fees, the department shall
provide for consolidated filing of multiple Tier Two forms for facility operators
if:
(A)
each of the Tier Two forms contain fewer than 25 chemicals;
(B)
each of the Tier Two forms are filed by a single operator
or a single operator's authorized representative, with an identical operator's
name and address on each Tier Two form in the consolidated filing;
(C)
all consolidated Tier Two forms are mailed to the department
in the same package; and
(D)
the number of required submissions that are consolidated
do not exceed the following:
(i)
for manufacturing facilities, no more than two required
submissions; or
(ii)
for public employer facilities or nonmanufacturing facilities,
no more than seven required submissions.
(4)
Fees paid by mail must be paid by check or money order
(cash payments are not acceptable) to the Department of State Health Services
and must be addressed to: Department of State Health Services, Tier Two Chemical
Reporting Program, ZZ109-180, P.O. Box 149200, Austin, Texas 78714-9200. Checks
or money orders must contain the following information: "Budget ZZ109 Fund
180."
(5)
No receipt will be provided for payment of fees which are
mailed, but a canceled check may be considered adequate proof of payment.
(6)
The department may refund a fee overpayment to a facility
operator provided that:
(A)
the facility operator provides, in writing, proof of payment,
the date(s) on which the required submissions and fees were sent to or received
by the department, the circumstances that caused the overpayment, and the
reasons why it would have been considered an overpayment under the rules in
force at the time of the original filing;
(B)
the facility operator requests the refund in writing within
90 calendar days of the date on which the required submissions and fee were
received by the department; and
(C)
the facility operator pays the department a processing
fee of $20 per refund.
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 July 5, 2006.
TRD-200603613
Cathy Campbell
General Counsel
Department of State Health Services
Effective date: July 25, 2006
Proposal publication date: January 13, 2006
For further information, please call: (512) 458-7111 x6972