Texas Commission on Law Enforcement Officer Standards and Education
Title 37, Part 7
TRD-200801691
Filed: March 31, 2008
Texas Department of Criminal Justice
Title 37, Part 6
The Texas Board of Criminal Justice (TBCJ or Board) files this notice of intent to review §152.51, concerning Authorized Witnesses to the Execution of an Inmate Sentenced to Death. This review is conducted pursuant to Texas Government Code §2001.039, which requires rule review every four (4) years.
Comments should be directed to Melinda Hoyle Bozarth, General Counsel, Texas Department of Criminal Justice, P.O. Box 13084, Austin, Texas 78711, Melinda.Bozarth@tdcj.state.tx.us. Written comments from the general public should be received within 30 days of the publication of this proposal.
TRD-200801634
Melinda Hoyle Bozarth
General Counsel
Texas Department of Criminal Justice
Filed: March 28, 2008
The Texas Board of Criminal Justice (TBCJ or Board) files this notice of intent to review §159.1, concerning Substance Abuse Felony Punishment Facilities (SAFPF) Eligibility Criteria. This review is conducted pursuant to Texas Government Code §2001.039, which requires rule review every four (4) years.
Comments should be directed to Melinda Hoyle Bozarth, General Counsel, Texas Department of Criminal Justice, P.O. Box 13084, Austin, Texas 78711, Melinda.Bozarth@tdcj.state.tx.us. Written comments from the general public should be received within 30 days of the publication of this proposal.
TRD-200801635
Melinda Hoyle Bozarth
General Counsel
Texas Department of Criminal Justice
Filed: March 28, 2008
Title 19, Part 2
The State Board of Education (SBOE) proposes the review of 19 TAC Chapter 100, Charters, pursuant to the Texas Government Code, §2001.039. The rules being reviewed by the SBOE in 19 TAC Chapter 100 are organized under the following subchapters: Subchapter A, Open-Enrollment Charter Schools, and Subchapter B, Home-Rule School District Charters.
As required by the Texas Government Code, §2001.039, the SBOE will accept comments as to whether the reasons for adopting 19 TAC Chapter 100, Subchapters A and B, continue to exist. The comment period begins with the publication of this notice and must last a minimum of 30 days.
Comments or questions regarding this rule review may be submitted to Cristina De La Fuente-Valadez, Policy Coordination Division, Texas Education Agency, 1701 North Congress Avenue, Austin, Texas 78701-1494, (512) 475-1497. Comments may also be submitted electronically to rules@tea.state.tx.us or faxed to (512) 463-0028.
TRD-200801696
Cristina De La Fuente-Valadez
Director, Policy Coordination
Texas Education Agency
Filed: April 1, 2008
The Texas Education Agency (TEA) proposes the review of rules in 19 TAC Chapter 100, Charters, pursuant to the Texas Government Code, §2001.039. The rules being reviewed by the TEA in 19 TAC Chapter 100 are organized under the following subchapter: Subchapter AA, Commissioner's Rules Concerning Open-Enrollment Charter Schools.
As required by the Texas Government Code, §2001.039, the TEA will accept comments as to whether the reasons for adopting 19 TAC Chapter 100, Subchapter AA, continue to exist.
The public comment period on the review of 19 TAC Chapter 100, Subchapter AA, begins April 11, 2008, and ends May 11, 2008. Comments or questions regarding this rule review may be submitted to Cristina De La Fuente-Valadez, Policy Coordination Division, Texas Education Agency, 1701 North Congress Avenue, Austin, Texas 78701-1494, (512) 475-1497. Comments may also be submitted electronically to rules@tea.state.tx.us or faxed to (512) 463-0028.
TRD-200801698
Cristina De La Fuente-Valadez
Director, Policy Coordination
Texas Education Agency
Filed: April 1, 2008
The State Board of Education (SBOE) proposes the review of 19 TAC Chapter 129, Student Attendance, pursuant to the Texas Government Code, §2001.039. The rules being reviewed by the SBOE in 19 TAC Chapter 129 are organized under the following subchapters: Subchapter A, Student Attendance Allowed, and Subchapter B, Student Attendance Accounting.
As required by the Texas Government Code, §2001.039, the SBOE will accept comments as to whether the reasons for adopting 19 TAC Chapter 129, Subchapters A and B, continue to exist. The comment period begins with the publication of this notice and must last a minimum of 30 days.
Comments or questions regarding this rule review may be submitted to Cristina De La Fuente-Valadez, Policy Coordination Division, Texas Education Agency, 1701 North Congress Avenue, Austin, Texas 78701-1494, (512) 475-1497. Comments may also be submitted electronically to rules@tea.state.tx.us or faxed to (512) 463-0028.
TRD-200801697
Cristina De La Fuente-Valadez
Director, Policy Coordination
Texas Education Agency
Filed: April 1, 2008
The Texas Education Agency (TEA) proposes the review of rules in 19 TAC Chapter 129, Student Attendance, pursuant to the Texas Government Code, §2001.039. The rules being reviewed by the TEA in 19 TAC Chapter 129 are organized under the following subchapter: Subchapter AA, Commissioner's Rules.
As required by the Texas Government Code, §2001.039, the TEA will accept comments as to whether the reasons for adopting 19 TAC Chapter 129, Subchapter AA, continue to exist.
The public comment period on the review of 19 TAC Chapter 129, Subchapter AA, begins April 11, 2008, and ends May 11, 2008. Comments or questions regarding this rule review may be submitted to Cristina De La Fuente-Valadez, Policy Coordination Division, Texas Education Agency, 1701 North Congress Avenue, Austin, Texas 78701-1494, (512) 475-1497. Comments may also be submitted electronically to rules@tea.state.tx.us or faxed to (512) 463-0028.
TRD-200801695
Cristina De La Fuente-Valadez
Director, Policy Coordination
Texas Education Agency
Filed: April 1, 2008
Title 22, Part 11
The Texas Board of Nursing will review and consider whether to re-adopt, re-adopt with amendments, or repeal Chapters 213 (Practice and Procedure), 216 (Continuing Education), and 221 (Advanced Practice Nurses). This review is done pursuant to Texas Government Code §2001.039.
The Board will assess whether the reason(s) for adopting or re-adopting these chapters continue to exist. Each section of these chapters will be reviewed to determine whether it is obsolete, reflects current legal and policy considerations, reflects current general provisions in the governance of the Board, and/or whether it is in compliance with Chapter 2001 of the Texas Government Code (Administrative Procedure Act).
Comments on the review may be submitted in writing within 30 days following the publication of this rule review in the Texas Register to E. Joy Sparks, Assistant General Counsel, 333 Guadalupe St., Suite 3-460, Austin, Texas 78701; Fax: (512) 305-8101; or joy.sparks@bon.state.tx.us. Any proposed changes to the sections of these chapters as a result of the review will be published in the Proposed Rules section of the Texas Register and will be open for an additional 30 day public comment period prior to final adoption of any repeal, amendment, or new section.
TRD-200801694
Katherine Thomas
Executive Director
Texas Board of Nursing
Filed: April 1, 2008
Texas Department of Criminal Justice
Title 37, Part 6
The Texas Board of Criminal Justice (TBCJ or Board) has completed its review of §151.6, concerning Petition for the Adoption of a Rule, in accordance with the requirements of Texas Government Code §2001.039. The Board has determined the reasons for initially adopting §151.6 continue to exist, and it readopts the section.
Notice of the review was published in the February 8, 2008, issue of the Texas Register (33 TexReg 1153). No comments were received as a result of that notice.
As a result of the rule review, the TDCJ published proposed amendments to §151.6 in the February 8, 2008, issue of the Texas Register (33 TexReg 1076). The Board adopted the amended rule on March 27, 2008, and the adoption notice is published in this issue of the Texas Register.
TRD-200801637
Melinda Hoyle Bozarth
General Counsel
Texas Department of Criminal Justice
Filed: March 28, 2008
The Texas Board of Criminal Justice (TBCJ or Board) has completed its review of §159.13, concerning Educational Services to Released Offenders/Memorandum of Understanding, in accordance with the requirements of Texas Government Code §2001.039. The Board has determined the reasons for initially adopting §159.13 continue to exist, and it readopts the section.
Notice of the review was published in the February 8, 2008, issue of the Texas Register (33 TexReg 1153). No comments were received as a result of that notice.
As a result of the rule review, the TDCJ published proposed amendments to §159.13 in the February 8, 2008, issue of the Texas Register (33 TexReg 1077). The Board adopted the amended rule on March 27, 2008, and the adoption notice is published in this issue of the Texas Register.
TRD-200801638
Melinda Hoyle Bozarth
General Counsel
Texas Department of Criminal Justice
Filed: March 28, 2008
The Texas Board of Criminal Justice (TBCJ or Board) has completed its review of §163.5, concerning Waiver to Standards, in accordance with the requirements of Texas Government Code §2001.039. The Board has determined the reasons for initially adopting §163.5 continue to exist, and it readopts the section.
Notice of the review was published in the February 8, 2008, issue of the Texas Register (33 TexReg 1153). No comments were received as a result of that notice.
As a result of the rule review, the TDCJ published proposed amendments to §163.5 in the February 8, 2008, issue of the Texas Register (33 TexReg 1078). The Board adopted the amended rule on March 27, 2008, and the adoption notice is published in this issue of the Texas Register.
TRD-200801639
Melinda Hoyle Bozarth
General Counsel
Texas Department of Criminal Justice
Filed: March 28, 2008
The Texas Board of Criminal Justice (TBCJ or Board) has completed its review of §163.33, concerning Community Supervision Officers, in accordance with the requirements of Texas Government Code §2001.039. The Board has determined the reasons for initially adopting §163.33 continue to exist, and it readopts the section.
Notice of the review was published in the February 8, 2008, issue of the Texas Register (33 TexReg 1153). No comments were received as a result of that notice.
As a result of the rule review, the TDCJ published proposed amendments to §163.33 in the February 8, 2008, issue of the Texas Register (33 TexReg 1078). The Board adopted the amended rule on March 27, 2008, and the adoption notice is published in this issue of the Texas Register.
TRD-200801640
Melinda Hoyle Bozarth
General Counsel
Texas Department of Criminal Justice
Filed: March 28, 2008
The Texas Board of Criminal Justice (TBCJ or Board) has completed its review of §163.38, concerning Sex Offender Supervision, in accordance with the requirements of Texas Government Code §2001.039. The Board has determined the reasons for initially adopting §163.38 continue to exist, and it readopts the section.
Notice of the review was published in the February 8, 2008, issue of the Texas Register (33 TexReg 1153). No comments were received as a result of that notice.
As a result of the rule review, the TDCJ published proposed amendments to §163.38 in the February 8, 2008, issue of the Texas Register (33 TexReg 1081). The Board adopted the amended rule on March 27, 2008, and the adoption notice is published in this issue of the Texas Register.
TRD-200801641
Melinda Hoyle Bozarth
General Counsel
Texas Department of Criminal Justice
Filed: March 28, 2008
The Texas Board of Criminal Justice (TBCJ or Board) has completed its review of §163.41, concerning Medical and Psychological Information, in accordance with the requirements of Texas Government Code §2001.039. The Board has determined the reasons for initially adopting §163.41 continue to exist, and it readopts the section.
Notice of the review was published in the February 8, 2008, issue of the Texas Register (33 TexReg 1153). No comments were received as a result of that notice.
As a result of the rule review, the TDCJ published proposed amendments to §163.41 in the February 8, 2008, issue of the Texas Register (33 TexReg 1082). The Board adopted the amended rule on March 27, 2008, and the adoption notice is published in this issue of the Texas Register.
TRD-200801642
Melinda Hoyle Bozarth
General Counsel
Texas Department of Criminal Justice
Filed: March 28, 2008
The Texas Board of Criminal Justice (TBCJ or Board) has completed its review of §163.43, concerning Funding and Financial Management, in accordance with the requirements of Texas Government Code §2001.039. The Board has determined the reasons for initially adopting §163.43 continue to exist, and it readopts the section.
Notice of the review was published in the February 8, 2008, issue of the Texas Register (33 TexReg 1154). No comments were received as a result of that notice.
As a result of the rule review, the TDCJ published proposed amendments to §163.43 in the February 8, 2008, issue of the Texas Register (33 TexReg 1083). The Board adopted the amended rule on March 27, 2008, and the adoption notice is published in this issue of the Texas Register.
TRD-200801643
Melinda Hoyle Bozarth
General Counsel
Texas Department of Criminal Justice
Filed: March 28, 2008
Title 16, Part 2
The Public Utility Commission of Texas (commission) has completed the review of Chapter 21, Interconnection Agreements (ICAs) for Telecommunications Service Providers, pursuant to Texas Government Code §2001.039, Agency Review of Existing Rules, as noticed in the August 31, 2007 issue of the Texas Register (32 TexReg 5711). The text of the rules may be found in the Texas Administrative Code, Title 16, Economic Regulation, Part 2, or through the commission's website at www.puc.state.tx.us. Project Number 34575, Agency Review of Chapter 21 - Interconnection Agreements for Telecommunications Service Providers, Pursuant to Texas Government Code §2001.039, is assigned to this rule review project.
Texas Government Code §2001.039 requires that each state agency review and readopt, readopt with amendments, or repeal the rules adopted by that agency pursuant to Texas Government Code, Chapter 2001, Subchapter B, Rulemaking. As required by §2001.039(e), this review is to assess whether the reason for adopting or readopting the rules continues to exist. The commission requested specific comments from interested persons on whether the reasons for adopting each section in Chapter 21 continue to exist. The commission's Chapter 21 rules (Texas Administrative Code, Title 16, Part 2) establish procedures for approving ICAs and resolving open issues pursuant to the Federal Telecommunications Act of 1996 (FTA) §252.
The commission finds that the reasons for adopting Chapter 21, Interconnection Agreements for Telecommunications Service Providers, continues to exist and readopts these rules without amendments. Interconnection agreements continue to be important in governing the relationship between telecommunications providers, and the commission continues to have a role in adjudicating disputes relating to such agreements.
The commission received comments from Southwestern Bell Telephone Company d/b/a AT&T Texas (AT&T), and Texas Statewide Telephone Cooperative, Inc. (TSTCI). While there were some suggestions for modifications to the rules, neither AT&T nor TSTCI questioned the continued need for the rules. The parties' comments are summarized in order by rule section number and the commission response addressing these comments is set forth at the end of the summaries.
Section 21.5, Representative Appearances
Section 21.5 permits a person to appear before the commission in a hearing in person or through an authorized representative. The presiding officer may require the representative to provide proof of authority to appear on behalf of another person.
AT&T contended that because FTA proceedings involved complex legal as well as technical issues which require a participant to be able to interpret rules and decisions rendered by the Federal Communications Commission (FCC) and the commission as well as court interpretation of such rules and decisions, the authorized representative should be limited to an officer or senior management level employee of the represented party, an attorney licensed to practice in the State of Texas, or an attorney licensed to practice in one of the fifty states. AT&T suggested that the second sentence in §21.5(a) be revised to include the phrase "On request of the presiding officer or any party to the proceeding" so that the amended sentence would read "On request of the presiding officer or any party to the proceeding, the presiding officer may require a representative to submit proof of authority to appear on behalf of another person."
TSTCI, however, contended that AT&T's proposals would pose a hardship to small incumbent local exchange companies (ILECs) by preventing them from using any independent professionals, like consultants, CPAs, or engineers, for representation before the commission. TSTCI commented that if only a licensed attorney or company officer could represent a party, as AT&T suggests, it would severely limit a small company's options for handling its regulatory proceedings and will likely increase the cost of regulation for small companies in interconnection proceedings. TSTCI noted a similar proposal restricting representation before the commission to licensed attorneys during the 79th legislature failed. TSTCI urged the commission not to adopt AT&T's suggestions to restrict a company's options for representation before the commission in these rules.
AT&T also recommended that Chapter 21 should be amended to bring the commission's rules in line with the rules of the State Bar of Texas regarding the prohibition of the unauthorized practice of law, a prohibition that applies to all representatives, including those making appearances before the commission pursuant to §21.5.
Section 21.7(a), Standards for conduct for parties
Section 21.7(a) delineates the standards for conduct for parties appearing in any proceeding and provides for sanctions if the standards are violated. AT&T commented that §21.7(a) should apply the standards imposed upon attorneys under the Texas Disciplinary Rules of Professional Conduct to all representatives making an appearance in any proceeding to ensure fairness in adjudicatory proceedings, by ensuring that consistent standards apply to all representatives appearing before the commission.
Subchapter B. Pleadings, Documents and Other Materials
Section 21.31(c), Number of items to be filed
Section 21.31(c) lists the number of copies that are required to be filed for various types of pleadings and documents. AT&T proposed that the commission's rules provide an option for parties to file only an electronic copy of pleadings in accordance with commission-standard formatting, instead of paper copies, to promote efficiency and avoid administrative burdens on parties and the commission. AT&T argued that the costs and administrative burdens to finalize and copy voluminous documents are significant. Filing and serving a single copy in an electronic format would better ensure consistency and reduce the costs and administrative burdens. Should the commission continue to require hard copies, AT&T recommended that the current filing requirement of three copies of applications under §§21.97, 21.101, and 21.103 and two copies of the final approved ICA be maintained. AT&T, however, urged the commission to reduce the number of copies required under §21.31(c) from ten copies to four copies for all petitions and responses, discovery requests, and for testimony and briefs. For hearings presided over by commissioners, AT&T recommended a reduction from 19 to ten copies for testimony and briefs, and a reduction from ten to four copies for all other pleadings and documents.
Section 21.31(g), Filing a Copy or Facsimile Copy in Lieu of an Original
Section 21.31(g) permits a copy of an original document or pleading or a facsimile copy to be filed in lieu of the original so long as the party or the attorney filing such copy maintains the original for inspection by the commission or any party to the proceeding. AT&T recommended that subsection (g) be amended to permit a party to file the electronic filing of the copy of the original document or pleading, in accordance with commission-standard formatting, such as a portable document file (pdf), so long as the party or attorney maintains the original for inspection by the commission or any party to the proceeding.
Section 21.35 (b), Methods of Service
Section 21.35 (b) describes the methods of service for pleadings and documents which includes delivery in person; by agent; by courier; by first class mail; by certified mail, return receipt requested; or, by registered mail. AT&T requested the commission to amend this subsection to allow service by electronic mail. Electronic service is the prevalent practice based upon agreements among parties in most proceedings. AT&T noted that while §21.35(b)(4), makes explicit reference to service via electronic mail, the option is not explicitly included in §21.35(b).
Subchapter D, Dispute Resolution
Section 21.95, Compulsory Arbitration
Section 21.95(t) describes the components of a proposal for award and the arbitration award. Section 21.95(t)(1)(G) and (t)(3)(G) require that if the proposal for award and the arbitration award include a ruling establishing a new or different price for an unbundled network element, combination of unbundled network elements, or resold service, the proposal and the arbitration award should include a statement requiring all certificated carriers to be notified of such price either through web posting, mass mailing, or electronic mail within ten days of the date the ruling becomes final.
AT&T recommended that §21.95 (t)(1)(g) and (t)(3)(g) be clarified to state that the ILEC is the only party required to file the verified statement regarding notification of price changes. AT&T also requested that a similar clarification be made in §§ 21.97(a), 21.99(a)(3) and 21.101(a)(4) which also requires a verified statement to be filed regarding notification to all certificated carriers of price changes for unbundled network elements, combination of unbundled network elements or resold services.
Section 21.97, Approval of Negotiated Agreements
Section 21.97(b) sets forth the notice requirements for an application for approval of a negotiated agreement. Under §21.97(b), the presiding officer may require the parties to the agreement to provide reasonable notice of the filing of the agreement. The presiding officer may require publication of the notice in addition to direct notice to affected persons. At the presiding officer's discretion, the parties may provide direct notice or notice via electronic mail or a web posting. Under §21.97(g), within 15 working days of the approval of the ICA, the ILEC is required to post notice of the approved ICA on its website in a separate, easily identifiable area of the website. AT&T suggested that subsection (b) relating to notice requirements for a negotiated agreement filing be deleted in its entirety because subsection (g) already requires AT&T to post notice of approved ICAs, which is sufficient to provide carriers with notice of new ICAs.
Section 21.101, Approval of Amendments to Existing Interconnection Agreements
Section 21.101(i) sets forth the filing requirements for an approved amended agreement. AT&T requested that the language relating to filing requirements of the amended agreement be eliminated. Specifically, AT&T suggested that the following sentences be eliminated:
"If the presiding officer approves the amendments to the agreement, the parties to the agreement shall file two copies, one unbound, of the complete filing clerk within ten working days of the presiding officer's decision. The copies shall be clearly marked with the control number assigned to the proceeding and the language 'Amended interconnection as approved (or modified and approved) on (insert date).'"
AT&T commented that of the 22 states where it currently operates, only Texas mandates the filing of an amended fully conformed agreement, imposing great administrative and cost burdens for copying and filing often voluminous conformed agreements. AT&T noted that it currently files such conformed agreements electronically and such agreements are publicly available through the commission's website and AT&T's website.
Section 21.103, Approval of Agreements Adopting Terms and Conditions Pursuant to Federal Telecommunications Act of 1996 (FTA) §252(i)
Section 21.103(a) requires an ILEC to make available any interconnection, service, or network element provided under a previously approved ICA to which it is a party to any other requesting telecommunications carrier upon the same terms and conditions as those provided in the agreement. The filing and processing are also delineated in subsections (a) and (b) of §21.103. AT&T suggested several modifications to these subsections. AT&T contended that §21.103 needs to be amended to bring it into conformity with FCC rules, which require carriers to opt into entire ICAs only, and require approved ICAs to be made available for opt-in for a reasonable period of time. In addition, AT&T argued that in conformity with current law and industry practice, the commission should clarify that a carrier may not replace a valid existing ICA with another agreement under Federal Telecommunications Act §252(i).
Regarding the most-favored-nation (MFN) clause, AT&T noted that the MFN Short Form into successor agreements worked extremely well and streamlined the process in P.U.C. Docket Number 28821. AT&T recommended a similar MFN Short Form for MFNs into non-successor agreements. AT&T asserted that Texas is the only state in AT&T's 22 state operating area, where a MFN Short Form into non-successor agreements is not available. According to AT&T, the MFN Short Form will eliminate administrative and cost burdens associated with conforming the MFN with approved amendments. Under AT&T's proposal, the MFN Short Form would be executed by both parties and placed on top of the underlying agreement and approved agreements. All documents would be filed with commission including a Joint Petition, AT&T's Affidavit and a Carrier's Affidavit. The Joint Petition would identify the approved amendments. AT&T attached a draft of its proposed MFN Short Form for MFNs into non-successor agreements to its comments.
Subchapter E, Post-Interconnection Agreement Dispute Resolution
Section 21.125, Formal Dispute Resolution Proceeding
Section 21.125(k) and (l) address the procedural requirements for issuance of an arbitration award, and obligations of the parties following the issuance of the arbitration award. AT&T objected to the language in subsections (k) and (l) permitting the presiding officer to render a decision that may involve modifications to the ICA. AT&T contended that under federal law, ICAs approved in accordance with 47 U.S.C. §252(a)(1) are binding, and thus the commission is preempted from modifying ICAs in a post-interconnection dispute proceeding. Supporting its contentions, AT&T argued that under Pacific Bell v. Pac-West Telecomm, Inc. , actions by a state commission that effectively change the terms of applicable ICAs contravene the Act's mandate that ICAs have the binding force of law. AT&T recommended that the commission modify subsections (k) and (l) to clarify that the commission may not modify or amend a binding approved ICA as part of a post-interconnection dispute proceeding. AT&T suggested that, at a minimum, the commission should delete the phrase "where modifications are approved" from subsection (l).
Section 21.129, Request for Interim Ruling Pending Dispute Resolution
Section 21.129 establishes the procedural requirements applicable to a request by a party for interim ruling pending dispute resolution when the dispute compromises the ability of a party to provide uninterrupted service or precludes the provisioning of any service, functionality or network element. AT&T commented that this section should be amended to allow a responding party to cross-examine a witness submitting an affidavit in support of a request for interim ruling, and to provide an opportunity for the responding party to request some type of security when a party is seeking an interim ruling.
Section 21.129(g) sets forth the factors to be considered in deciding whether good cause exists to grant a request for interim relief. AT&T recommended amendment of §21.129(g)(3) to include a review of how the relief requested may impact the telecommunications industry in Texas in ascertaining whether the threatened injury to the movant outweighs any harm that the other party might suffer if interim relief is granted.
AT&T also suggested an amendment to §21.129 to state that a party may not use the interim ruling to circumvent or avoid pay-and-dispute or escrow provisions contained in the ICA. With respect to billing disputes, AT&T seeks amendments to §21.129 that would require a party to raise any billing dispute under the terms of the ICA prior to seeking interim relief pursuant to this section.
Commission response
The commission appreciates the thoughtful comments on this chapter. Some of the ideas suggested in the comments might improve these procedural rules, but require further consideration, including additional public input, before adoption. In addition, some of the suggestions affect rules for which there are similar rules in Chapter 22, Procedural Rules. In order to maintain uniformity of practice before the commission, it may be appropriate to amend both sets of rules at the same time. The commission will consider initiating a separate proceeding to amend this chapter and similar provisions of its other procedural rules, based on the benefits that could be derived from the amendments and other relevant factors.
The commission has completed the review of Chapter 21 pursuant to APA §2001.039 and has determined that the reason for initially adopting the rules in Chapter 21 continues to exist. Therefore, the commission readopts Chapter 21, Interconnection Agreements for Telecommunications Service Providers, pursuant to the Public Utility Regulatory Act (PURA), Texas Utilities Code Annotated §14.002 and §14.052 (Vernon 2007 and Supp. 2007) which provide the commission with the authority to make and enforce rules reasonably required in the exercise of its powers and jurisdiction, including rules of practice and procedure; and pursuant to Texas Government Code §2001.039 (Vernon 2000 and Supp. 2007), which requires each state agency to review and readopt its rules every four years.
Cross Reference to Statutes: Public Utility Regulatory Act §14.002 and §14.052; Texas Government Code §2001.039.
CHAPTER 21. INTERCONNECTION AGREEMENTS FOR TELECOMMUNICATIONS SERVICE PROVIDERS.
SUBCHAPTER A. GENERAL PROVISIONS AND DEFINITIONS.
§21.1. Purpose and Scope.
§21.3. Definitions.
§21.5. Representative Appearances.
§21.7. Standards of Conduct.
§21.9. Computation of Time.
§21.11. Suspension of Rules and Good Cause Exceptions.
SUBCHAPTER B. PLEADINGS, DOCUMENTS, AND OTHER MATERIALS.
§21.31. Filings of Pleadings, Documents, and Other Materials.
§21.33. Formal Requisites of Pleadings and Documents to be filed with the Commission.
§21.35. Service of Pleadings and Documents.
§21.37. Examination and Correction of Pleadings and Documents.
§21.39. Amended Pleadings.
§21.41. Motions.
SUBCHAPTER C. PRELIMINARY ISSUES, ORDERS, AND PROCEEDINGS.
§21.61. Threshold Issues and Certification of Issues to the Commission.
§21.63. Interim Issues and Orders.
§21.65. Interlocutory Appeals.
§21.67. Dismissal of a Proceeding.
§21.69. Summary Decision.
§21.71. Sanctions.
§21.73. Consolidation of Dockets, Consolidation of Issues, and Joint Filings.
§21.75. Motions for Clarification and Motions for Reconsideration.
§21.77. Confidential Material.
SUBCHAPTER D. DISPUTE RESOLUTION.
§21.91. Mediation.
§21.93. Voluntary Alternative Dispute Resolution.
§21.95. Compulsory Arbitration.
§21.97. Approval of Negotiated Agreements.
§21.99. Approval of Arbitrated Agreements.
§21.101. Approval of Amendments to Existing Interconnection Agreements.
§21.103. Approval of Agreements Adopting Terms and Conditions Pursuant to Federal Telecommunications Act of 1996 (FTA) §252(i).
SUBCHAPTER E. POST-INTERCONNECTION AGREEMENT DISPUTE RESOLUTION.
§21.121. Purpose.
§21.123. Informal Settlement Conference.
§21.125. Formal Dispute Resolution Proceeding.
§21.127. Request for Expedited Ruling.
§21.129. Request for Interim Ruling Pending Dispute Resolution.
TRD-200801644
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: March 28, 2008
Title 43, Part 1
The Texas Department of Transportation (department) files notice of the completion of review and, subject to the contemporaneous amendment of certain sections as specified in this notice, the readoption of Title 43 Texas Administrative Code, Part 1, Chapter 5, Finance; Chapter 15, Transportation Planning and Programming; and Chapter 27, Toll Projects.
This review and readoption has been conducted in accordance with Government Code, §2001.039. The Texas Transportation Commission (commission) has reviewed these rules and determined that the reasons for adopting them continue to exist. The department received no comments on the proposed rule review, which was published in the February 1, 2008 issue of the Texas Register (33 TexReg 953).
This concludes the review of Chapters 5, 15, and 27.
Comment or questions regarding this rule review may be submitted in writing to Bob Jackson, General Counsel, Texas Department of Transportation, 125 East 11th Street, Austin, Texas 78701-2483, or by phone at (512) 463-8630.
TRD-200801650
Bob Jackson
General Counsel
Texas Department of Transportation
Filed: March 28, 2008