Texas Department of Insurance, Division of Workers' Compensation
Title 28, Part 2
The Texas Department of Insurance, Division of Workers' Compensation files this notice of intention to review the rules contained in Chapter 148 concerning Hearings Conducted by the State Office of Administrative Hearings. This review is pursuant to the General Appropriations Act, Article IX, §167, 75th Legislature, the General Appropriations Act, Section 9-10, 76th Legislature, and Texas Government Code §2001.039 as added by SB 178, 76th Legislature.
The Division's reason for adopting the following rules contained in this chapter continues to exist and it proposes to readopt these rules. At a later date, some or all of these rules may be repealed or amended.
§148.1. Definitions.
§148.2. Scope and Applicability.
§148.3. Requesting a Hearing.
§148.4. Correction of Clerical Error in Medical Review Division Decisions or Orders Absent a Request for Hearing.
§148.5. Notice of Hearing.
§148.6. Venue.
§148.7. Representation.
§148.8. Withdrawal of Hearing Request.
§148.9. Informal Disposition.
§148.10. Hearings Subpoenas to Compel Attendance and Subpoenas Duces Tecum.
§148.11. Commissions to Compel Attendance for Deposition.
§148.12. Ex Parte Communications.
§148.13. Recording the Hearing.
§148.14. Burden of Proof.
§148.15. Final Decision by the ALJ.
§148.16. Proposal for Decision by the ALJ.
§148.17. Special Provisions for Administrative Penalties.
§148.18. Record of the Hearing.
§148.19. Transcript or Duplicate of the Hearing Audiotape or Videotape.
§148.20. Reimbursement, Travel Expenses, and Fees for Witnesses and Deponents.
§148.21. Expenses to be Paid by Party Seeking Judicial Review.
§148.22. Failure to Appear or Comply with Order or Decision, Administrative Violation.
§148.23. Commission Enforcement of Orders.
Comments regarding whether the reason for adopting these rules continues to exist must be received by 5:00 p.m. on June 5, 2009 and submitted to Victoria Ortega, Legal Services, Texas Department of Insurance, Division of Workers' Compensation, 7551 Metro Center Drive, Suite 100, MS-4D, Austin, Texas 78744-1609.
TRD-200901709
Dirk Johnson
General Counsel
Texas Department of Insurance, Division of Workers' Compensation
Filed: May 6, 2009
The Texas Department of Insurance, Division of Workers' Compensation files this notice of intention to review the rules contained in Chapter 149 concerning Memorandum of Understanding with the State Office of Administrative Hearings. This review is pursuant to the General Appropriations Act, Article IX, §167, 75th Legislature, the General Appropriations Act, Section 9-10, 76th Legislature, and Texas Government Code §2001.039 as added by SB 178, 76th Legislature.
The Division's reason for adopting the following rules contained in this chapter continues to exist and it proposes to readopt these rules. At a later date, some or all of these rules may be repealed or amended.
§149.1. Definitions.
§149.2. General Statement.
§149.3. Referral of Contested Case to SOAH.
§149.4. Notice of Hearing.
§149.5. Hearings.
§149.6. Confidentiality of Records.
§149.7. Action Upon Withdrawal of Decision.
§149.8. Final Orders in Accordance with the Act, §§411.049, 413.031, 413.055 and 415.034.
§149.9. Proposals for Decision in Accordance with the Act, §§402.072, 407.046, and 408.0231.
§149.10. Custody of the Hearing Record.
Comments regarding whether the reason for adopting these rules continues to exist must be received by 5:00 p.m. on June 5, 2009 and submitted to Victoria Ortega, Legal Services, Texas Department of Insurance, Division of Workers' Compensation, 7551 Metro Center Drive, Suite 100, MS-4D, Austin, Texas 78744-1609.
TRD-200901710
Dirk Johnson
General Counsel
Texas Department of Insurance, Division of Workers' Compensation
Filed: May 6, 2009
Texas Alcoholic Beverage Commission
Title 16, Part 3
The Texas Alcoholic Beverage Commission (Commission) has completed the review of Title 16, Chapter 43, concerning Accounting, in accordance with the requirements of Government Code, §2001.039. Notice of the review was published in the November 7, 2008, issue of the Texas Register (33 TexReg 9087).
The Commission found that the reasons for the adoption of the rules in Title 16, Chapter 43, no longer exist. The rules are repealed pursuant to the Alcoholic Beverage Code, §5.31, which gives the Commission rulemaking authority. The adoption notices for the repeal of §43.1 and §43.11 are published in the Adopted Rules section of this issue.
The Commission repeals Chapter 43 in accordance with the Government Code, §2001.039. No comments were received regarding the review of the chapter.
TRD-200901626
Alan Steen
Administrator
Texas Alcoholic Beverage Commission
Filed: April 30, 2009
Title 28, Part 3
In accordance with the requirement of Texas Government Code, §2001.039, which requires state agencies to review and consider for readoption each of their rules every four years, and pursuant to the notice of intention to review published in the October 24, 2008, issue of the Texas Register (33 TexReg 8813), the Texas Certified Self-lnsurer Guaranty Association (Association) has assessed whether the reason for adopting or readopting this rule continues to exist.
No comments were received regarding the review of this rule.
As a result of the review, the Texas Certified Self-lnsurer Guaranty Association has determined that the reason for adoption of this rule continues to exist. Therefore, the Association readopts Chapter 181.
Chapter 181. Bylaws.
§181.1. Bylaws of the Texas Certified Self-lnsurer Guaranty Association.
TRD-200901691
Clay Pope
Executive Director
Texas Certified Self-Insurer Guaranty Association
Filed: May 5, 2009
Title 28, Part 2
Pursuant to the notice of proposed rule review published in the November 28, 2008, issue of the Texas Register (33 TexReg 9719), the Texas Department of Insurance, Division of Workers' Compensation has reviewed and considered for readoption, revision or repeal all sections as they existed on November 28, 2008, of the following chapter of Title 28, Part 2 of the Texas Administrative Code, in accordance with Texas Government Code §2001.039: Chapter 104, General Provisions--Rule-Making.
The Department considered, among other things, whether the reasons for adoption of this rule continue to exist. The Department received no written comments regarding the review of its rule.
The Department has determined that the reasons for adopting the remaining section continues to exist and this section is retained in its present form. However, any such revisions in the future will be accomplished in accordance with the Texas Administrative Procedure Act.
This concludes the Department's review of Chapter 104. The completion of the review of this chapter concludes the rule review process.
TRD-200901711
Dirk Johnson
General Counsel
Texas Department of Insurance, Division of Workers' Compensation
Filed: May 6, 2009
Pursuant to the notice of proposed rule review published in the March 13, 2009, issue of the Texas Register (34 TexReg 1883), the Texas Department of Insurance, Division of Workers' Compensation has reviewed and considered for readoption, revision or repeal all sections as they existed on March 13, 2009, of the following chapter of Title 28, Part 2 of the Texas Administrative Code, in accordance with Texas Government Code §2001.039: Chapter 108, Fees.
The Department considered, among other things, whether the reasons for adoption of this rule continue to exist. The Department received no written comments regarding the review of its rule.
The Department has determined that the reasons for adopting the remaining section continues to exist and this section is retained in its present form. However, any such revisions in the future will be accomplished in accordance with the Texas Administrative Procedure Act.
This concludes the Department's review of Chapter 108. The completion of the review of this chapter concludes the rule review process.
TRD-200901713
Dirk Johnson
General Counsel
Texas Department of Insurance, Division of Workers' Compensation
Filed: May 6, 2009
Pursuant to the notice of proposed rule review published in the November 28, 2008, issue of the Texas Register (33 TexReg 9719), the Texas Department of Insurance, Division of Workers' Compensation has reviewed and considered for readoption, revision or repeal all sections as they existed on November 28, 2008, of the following chapter of Title 28, Part 2 of the Texas Administrative Code, in accordance with Texas Government Code §2001.039: Chapter 180, Monitoring and Enforcement.
The Department considered, among other things, whether the reasons for adoption of these rules continue to exist. The Department received no written comments regarding the review of its rules.
The Department has determined that the reasons for adopting the remaining sections continue to exist and those sections are retained in their present form. However, other sections that were reviewed may be subsequently revised in accordance with the Department's internal procedures. Any such revisions will be accomplished in accordance with the Texas Administrative Procedure Act.
This concludes the Department's review of Chapter 180. The completion of the review of this chapter concludes the rule review process.
TRD-200901712
Dirk Johnson
General Counsel
Texas Department of Insurance, Division of Workers' Compensation
Filed: May 6, 2009