Texas Department of Licensing and Regulation
Title 16, Part 4
The Texas Department of Licensing and Regulation (Department) files this notice of intent to review and consider for re-adoption, revision, or repeal Title 16, Texas Administrative Code, Chapter 60, Texas Commission of Licensing and Regulation. This review and consideration is being conducted in accordance with the requirements of Texas Government Code, §2001.039.
An assessment will be made by the Department as to whether the reasons for adopting or readopting these rules continue to exist. Each rule will be reviewed to determine whether it is obsolete, whether the rule reflects current legal and policy considerations, and whether the rule reflects current procedures of the Department.
Any questions or written comments pertaining to this rule review may be submitted by mail to Caroline Jackson, Legal Assistant, General Counsel's Office, Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, Texas 78711, or by facsimile to (512) 475-3032, or electronically to erule.comments@license.state.tx.us. The deadline for comments is 30 days after publication in the Texas Register.
Proposed changes to these rules as a result of the rule review will be published in the Proposed Rules section of the Texas Register . The proposed rules will be open for public comment prior to final adoption or repeal by the Department, in accordance with the requirements of the Administrative Procedure Act, Texas Government Code, Chapter 2001.
Subchapter A. Authority and Responsibilities
§60.1. Authority
§60.10. Definitions
Subchapter B. Organization
§60.60. Responsibilities of the Commission--General Provisions
§60.61. Responsibilities of the Commission--Meetings
§60.62. General Powers and Duties of the Commission
§60.63. Responsibilities of the Department and Executive Director
§60.64. Duration of Advisory Committee/Boards/Councils
§60.65. Petition for Adoption of Rules
§60.66. Negotiated Rulemaking
Subchapter C. Fees
§60.80. Program Fees
§60.81. Charges for Providing Copies of Public Information
§60.82. Dishonored Check Fee
§60.83. Late Renewal Fees
§60.84. Examination Fee Refund or Examination Rescheduling
Subchapter D. Practice and Procedure
§60.100. Purpose and Scope
§60.101. Filing, Computation of Time, and Notice
§60.150. Disposition by Agreement
§60.151. Alternative Dispute Resolution Policy
§60.152. Referral of Contested Matter for Alternative Dispute Resolution Procedures
§60.153. Appointment of Mediator
§60.154. Qualifications of Mediators
§60.155. Commencement of ADR
§60.156. Stipulations
§60.157. Agreements
§60.158. Confidentiality
§60.159. Place and Nature of Hearings
§60.160. Failure to Attend Hearing and Default
§60.170. The Adjudicative Hearing Record
§60.171. Proposals for Decision
§60.172. Filing of Exceptions and Replies
§60.173. Final Orders, Motions for Rehearing, and Emergency Orders
Subchapter E. Administration
Division 1. Vehicles
§60.200. Assignment and Use of Agency Vehicles
Division 2. Training
§60.210. Employee Training and Education
Division 3. Historically Underutilized Businesses
§60.220. Historically Underutilized Businesses Program
Division 4. Bid Opening and Tabulation
§60.230. Bid Opening and Tabulation
Division 5. Vendor Protests
§60.240. Definitions
§60.241. Protest Procedures
TRD-200803412
William H. Kuntz, Jr.
Executive Director
Texas Department of Licensing and Regulation
Filed: July 1, 2008
The Texas Department of Licensing and Regulation (Department) files this notice of intent to review and consider for re-adoption, revision, or repeal Title 16, Texas Administrative Code, Chapter 63, Personnel Employment Services. This review and consideration is being conducted in accordance with the requirements of Texas Government Code, §2001.039.
An assessment will be made by the Department as to whether the reasons for adopting or readopting these rules continue to exist. Each rule will be reviewed to determine whether it is obsolete, whether the rule reflects current legal and policy considerations, and whether the rule reflects current procedures of the Department.
Any questions or written comments pertaining to this rule review may be submitted by mail to Caroline Jackson, Legal Assistant, General Counsel's Office, Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, Texas 78711, or by facsimile to (512) 475-3032, or electronically to erule.comments@license.state.tx.us. The deadline for comments is 30 days after publication in the Texas Register.
Proposed changes to these rules as a result of the rule review will be published in the Proposed Rules section of the Texas Register . The proposed rules will be open for public comment prior to final adoption or repeal by the Department, in accordance with the requirements of the Administrative Procedure Act, Texas Government Code, Chapter 2001.
§63.1. Authority
§63.10. Definitions
§63.20. Certificate of Authority Requirements
§63.21. Certificate of Authority Application Process
§63.40. Security Requirements
§63.70. Responsibilities of the Certificate Holder--General
§63.80. Fees--Original Certificate of Authority
§63.81. Fees--Renewal Certificate of Authority
§63.82. Fees--Duplicate Certificate of Authority
§63.90. Administrative Penalties and Sanctions
TRD-200803413
William H. Kuntz, Jr.
Executive Director
Texas Department of Licensing and Regulation
Filed: July 1, 2008
The Texas Department of Licensing and Regulation (Department) files this notice of intent to review and consider for re-adoption, revision, or repeal Title 16, Texas Administrative Code, Chapter 72, Staff Leasing Services. This review and consideration is being conducted in accordance with the requirements of Texas Government Code, §2001.039.
An assessment will be made by the Department as to whether the reasons for adopting or readopting these rules continue to exist. Each rule will be reviewed to determine whether it is obsolete, whether the rule reflects current legal and policy considerations, and whether the rule reflects current procedures of the Department.
Any questions or written comments pertaining to this rule review may be submitted by mail to Caroline Jackson, Legal Assistant, General Counsel's Office, Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, Texas 78711, or by facsimile to (512) 475-3032, or electronically to erule.comments@license.state.tx.us. The deadline for comments is 30 days after publication in the Texas Register.
Proposed changes to these rules as a result of the rule review will be published in the Proposed Rules section of the Texas Register . The proposed rules will be open for public comment prior to final adoption or repeal by the Department, in accordance with the requirements of the Administrative Procedure Act, Texas Government Code, Chapter 2001.
§72.1. Authority
§72.10. Definitions
§72.20. Licensing Requirements
§72.70. Responsibility of Licensee
§72.71. Responsibility of Licensee--Records
§72.80. Fees--Licensing Application
§72.81. Fees--Licensing
§72.83. Fees--Duplicate Licensing/Name Change
§72.90. Sanctions--Administrative Sanctions/Penalties
TRD-200803414
William H. Kuntz, Jr.
Executive Director
Texas Department of Licensing and Regulation
Filed: July 1, 2008
Texas Board of Professional Engineers
Title 22, Part 6
The Texas Board of Professional Engineers adopts the review of Chapter 131, Organization and Administration. The proposed notice of review was published in the February 15, 2008, issue of the Texas Register (33 TexReg 1393).
During its review, the Board determined that the initial reasons for adopting this chapter continues to exist. The chapter is therefore readopted in accordance with the requirements of the Texas Government Code, §2001.039.
No comments were received regarding the adoption of the review.
This concludes the Board's review of Chapter 131, Organization and Administration, as required by Texas Government Code §2001.039.
TRD-200803398
Dale Beebe Farrow, P.E.
Executive Director
Texas Board of Professional Engineers
Filed: June 30, 2008
The Texas Board of Professional Engineers adopts the review of Chapter 133, Licensing. The proposed notice of review was published in the March 14, 2008, issue of the Texas Register (33 TexReg 2350).
During its review, the Board determined that the initial reasons for adopting these chapters continue to exist. The chapter is, therefore, readopted in accordance with the requirements of the Texas Government Code, §2001.039.
No comments were received regarding the adoption of the review.
This concludes the Board's review of Chapter 133, Licensing, as required by Texas Government Code §2001.039.
TRD-200803388
Dale Beebe Farrow, P.E.
Executive Director
Texas Board of Professional Engineers
Filed: June 30, 2008
The Texas Board of Professional Engineers adopts the review of Chapter 135, Firm Registration. The proposed notice of review was published in the March 14, 2008, issue of the Texas Register (33 TexReg 2350).
During its review, the Board determined that the initial reasons for adopting these chapters continue to exist. The chapter is, therefore, readopted in accordance with the requirements of the Texas Government Code, §2001.039.
No comments were received regarding the adoption of the review.
This concludes the Board's review of Chapter 135, Firm Registration, as required by Texas Government Code §2001.039.
TRD-200803389
Dale Beebe Farrow, P.E.
Executive Director
Texas Board of Professional Engineers
Filed: June 30, 2008
The Texas Board of Professional Engineers adopts the review of Chapter 137, Compliance and Professionalism. The proposed notice of review was published in the March 14, 2008, issue of the Texas Register (33 TexReg 2350).
During its review, the Board determined that the initial reasons for adopting these chapters continue to exist. The chapter is, therefore, readopted in accordance with the requirements of the Texas Government Code, §2001.039.
No comments were received regarding the adoption of the review.
This concludes the Board's review of Chapter 137, Compliance and Professionalism, as required by Texas Government Code §2001.039.
TRD-200803390
Dale Beebe Farrow, P.E.
Executive Director
Texas Board of Professional Engineers
Filed: June 30, 2008
The Texas Board of Professional Engineers adopts the review of Chapter 139, Enforcement. The proposed notice of review was published in the March 14, 2008, issue of the Texas Register (33 TexReg 2350).
During its review, the Board determined that the initial reasons for adopting these chapters continue to exist. The chapter is, therefore, readopted in accordance with the requirements of the Texas Government Code, §2001.039.
No comments were received regarding the adoption of the review.
This concludes the Board's review of Chapter 139, Enforcement, as required by Texas Government Code §2001.039.
TRD-200803391
Dale Beebe Farrow, P.E.
Executive Director
Texas Board of Professional Engineers
Filed: June 30, 2008
Title 16, Part 8
The Texas Racing Commission (Commission) has completed its review of 16 TAC Part 8, Chapter 311, concerning Other Licenses, in accordance with Texas Government Code, §2001.039. Notice of the proposed rule review was published in the October 26, 2007, issue of the Texas Register (32 TexReg 7699).
The Commission received no comments on the proposed rule review.
As part of its review the Commission proposed and adopted amendments to §§311.1, 311.3, 311.101, 311.102, 311.104, 311.105, 311.108, 311.212, 311.214, 311.216, and 311.301; new §311.52 and §311.111; and the repeal of §311.51.
The Commission has determined that the reasons for initially adopting the chapter, with the changes described herein, continue to exist and readopts the chapter.
This completes the review of 16 TAC Part 8, Chapter 311.
TRD-200803364
Mark Fenner
General Counsel
Texas Racing Commission
Filed: June 27, 2008
Title 43, Part 1
The Texas Department of Transportation (department) files notice of the completion of review and the readoption of 43 TAC, Part 1, Chapter 1, concerning Management; and Chapter 11, concerning Design.
This review and readoption has been conducted in accordance with Texas Government Code, §2001.039. The Texas Transportation 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 April 4, 2008, issue of the Texas Register (33 TexReg 2833).
This concludes the review of Chapters 1 and 11.
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-200803375
Bob Jackson
General Counsel
Texas Department of Transportation
Filed: June 27, 2008
Title 22, Part 24
The Texas Board of Veterinary Medical Examiners files this notice of adoption of the rule review of Chapter 575, Practice and Procedure. The review was conducted in accordance with Government Code, §2001.039. The proposed rule review was published in the March 28, 2008, issue of the Texas Register (33 TexReg 2703).
The Board has conducted a review of the rules in Chapter 575 and has preliminarily determined that the reasons for adopting the chapter continue to exist, with the adoption of 7 amendments, 10 new rules, and 2 repeals of rules, and 2 repeals and revisions of rules.
Elsewhere in this issue of the Texas Register , the Texas Board of Veterinary Medical Examiners contemporaneously adopts amendments, new rules, repeals, and repeals and revisions to Chapter 575.
The adopted amendments are: §575.2, Filing of Documents; §575.3, Computation of Time; §575.4, Conduct and Decorum; §575.5, Subpoenas; Witness Expenses; §575.6, Procedures following Contested Case Hearing; §575.22, Reinstatement of Veterinary Licenses; and §575.27, Complaints--Receipt.
The adopted new rules are: §575.8, Final Decision and Orders; §575.9, Motions for Rehearing; §575.10, Costs of Administrative Hearings; §575.28, Complaints--Investigations; §575.29, Informal Conferences; §575.35, Temporary License Suspensions; §575.40, Cease and Desist Procedures; §575.50, Criminal Convictions; §575.60, Alternative Dispute Resolution (ADR); and §575.62, Negotiated Rulemaking.
The adopted repeals are: §575.31, Alternative Dispute Resolution (ADR); and §575.32, Negotiated Rulemaking.
The repeals and replacements are: §575.7, Costs of Appeal to be revised to §575.7, Presentation of Proposal for Decision; and §575.30, Criminal Convictions to be revised to §575.30, Contested Case Hearing at SOAH.
The Commission readopts the remainder of Chapter 575 without changes.
No comments were received regarding adoption of the rule review.
This concludes the review of Chapter 575, Practice and Procedure.
TRD-200803386
Loris Jones
Executive Assistant
Texas Board of Veterinary Medical Examiners
Filed: June 30, 2008