Adopted Sections An agency may take final action on a section 30 days after a proposal has been published in the Texas Register. The section becomes effective 20 days after the agency files the correct document with the Texas Register, unless a later date is specified or unless a federal statute or regulation requires implementation of the action on shorter notice. If an agency adopts the section without any changes to the proposed text, only the preamble of the notice and statement of legal authority will be published. If an agency adopts the section with changes to the proposed text, the proposal will be republished with the changes. TITLE 1. ADMINISTRATION Part II. Texas Ethics Commission Chapter 20. Campaign Financing Subchapter C. Rules Concerning Reports 1 TAC sec.20.131 The Texas Ethics Commission adopts an amendment to sec.20.131, concerning the calculation and imposition of a fine by the commission for the late filing of a report, without changes to the proposed text as published in the March 2, 1993, issue of the Texas Register (18 TexReg 1331). This rule eases the burden concerning the payment of late penalties by those persons who are required to file reports with the commission. This rule moves the deadline for enforcing the rule from March 1, 1993, to January 1, 1994. No public comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 6252-9d.1, which provide the Texas Ethics Commission with the authority to promulgate and adopt rules concerning the Texas Election Code, Title 15, administered and regulated by the commission. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on April 28, 1993. TRD-9322384 Jim Mathieson Assistant General Counsel Texas Ethics Commission Effective date: May 21, 1993 Proposal publication date: March 2, 1993 For further information, please call: (512) 463-5800 Chapter 30. Personal Financial Statement Subchapter A. Disclosure Statements 1 TAC sec.30.1 The Texas Ethics Commission adopts the repeal of sec.30.1, concerning penalty for late filing of personal financial statement, without changes to the proposed text as published in the March 2, 1993, issue of the Texas Register (18 TexReg 1331). This section is being replaced with new sec.sec.30.119, 30.121, 30.123, 30.127, 30.131, 30.133, 30.135, and 30.137, which will provide a more comprehensive procedure for dealing with the filing of late reports by those person required to file reports pursuant to Texas Civil Statutes, Article 6252-9b. No comments were received regarding adoption of the repeal. This repeal is adopted under Texas Civil Statutes, Article 6252-9d.1, which provide the Texas Ethics Commission with the authority to promulgate, adopt, amend, and repeal unless concerning the administration of Texas Civil Statutes, Article 6252-9b. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on April 28, 1993. TRD-9322382 Jim Mathieson Assistant General Counsel Texas Ethics Commission Effective date: May 21, 1993 Proposal publication date: March 2, 1993 For further information, please call: (512) 463-5800 Personal Financial Disclosure Subchapter C. Rules Concerning Reports 1 TAC sec.sec.30.119, 30.121, 30.123, 30.127, 30.131, 30.133, 30. 135, 30.137 The Texas Ethics Commission adopts new sec.sec.30.119, 30.121, 30.123, 30.127, 30.131, 30.133, 30.135, and 30.137, concerning reports, without changes to the proposed text as published in the March 2, 1993, issue of the Texas Register (18 TexReg 1331). These rules are in response to a need to set out more comprehensive and systematic guidelines, procedures, requirements, fines and penalties, and exceptions, in the assessment, calculation, and imposition of a civil penalty by the commission due to the late filing of any report mandated by Texas Civil Statutes, Article 6252-9b, by any person required to file a report. These rules will provide the public with the necessary guidelines, requirements, notice of penalties and fines, and exceptions in regard to the late filing of any report mandated by Texas Civil Statutes, Article 6252-9b, by any person required to file a report. No public comments were received regarding adoption of the new rules. The new rules are adopted under Texas Civil Statutes, Article 6252-9d.1, which provide the Texas Ethics Commission with the authority to promulgate and adopt rules concerning the filing of reports mandated by Texas Civil Statutes, Article 6252-9b. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on April 28, 1993. TRD-9322385 Jim Mathieson Assistant General Counsel Texas Ethics Commission Effective date: May 21, 1993 Proposal publication date: March 2, 1993 For further information, please call: (512) 463-5800 Chapter 40. Registration and Regulation of Lobbyists 1 TAC sec.40.29 The Texas Ethics Commission adopts the repeal of sec.40.29, concerning civil late penalty, the penalty for late filing of a lobby registration report, without changes to the proposed text as published in the March 2, 1993, issue of the Texas Register (18 TexReg 1333). The repealed section is being replaced with new sec.sec.40.119, 40.121, 40.123, 40.127, 40.131, 40.133, 40.135, and 40.137, which will provide a more comprehensive procedure for dealing with the filing of late reports by those persons required to file reports pursuant to Chapter 305 of the Government Code. No comments were received regarding adoption of the repeal. The repeal is adopted under Texas Civil Statutes, Article 6252-9d.1, which provide the Texas Ethics Commission with the authority to promulgate, adopt, amend, and repeal rules concerning the administration of Chapter 305, Texas Government Code. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on April 28, 1993. TRD-9322383 Jim Mathieson Assistant General Counsel Texas Ethics Commission Effective date: May 21, 1993 Proposal publication date: March 2, 1993 For further information, please call: (512) 463-5800 1 TAC sec.sec.40.119, 40.121, 40.123, 40.127, 40.131, 40.133, 40.135, 40.137 The Texas Ethics Commission adopts new sec.sec.40.119, 40.121, 40.123, 40.127, 40.131, 40.133, 40.135, and 40.137, without changes to the proposed text as published in the March 2, 1993, issue of the Texas Register (18 TexReg 1333). These rules are in response to a need to set out more comprehensive and systematic guidelines, procedures, requirements, fines and penalties, and exceptions, in the assessment, calculation, and imposition of a civil penalty by the commission due to the late filing of any report mandated by the Government Code, Chapter 305, by any person required to file a report. These rules will provide the public with the necessary guidelines, requirements, notice of penalties and fines, and exceptions in regard to the late filing of any report mandated by the Government Code, Chapter 305, by any person required to file a report. No public comments were received regarding adoption of the new rules. The new rules are adopted under Texas Civil Statutes, Article 6252-9d.1, which provide the Texas Ethics Commission with the authority to promulgate and adopt rules concerning the filing of reports mandated by the Government Code, Chapter 305. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on April 28, 1993. TRD-9322386 Jim Mathieson Assistant General Counsel Texas Ethics Commission Effective date: May 21, 1993 Proposal publication date: March 2, 1993 For further information, please call: (512) 463-5800 TITLE 16. ECONOMIC REGULATION Part III. Texas Alcoholic Beverage Commission Chapter 55. Bingo Regulation and Tax 16 TAC sec.55.550 The Texas Alcoholic Beverage Commission adopts an amendment to sec.55.550, concerning bingo reports, without changes to the proposed text as published in the March 23, 1993, issue of the Texas Register (18 TexReg 1845). The amendment amends subsection (f) to extend the change in the reporting period for and the payment of the bingo gross receipts tax and the bingo prize fee from monthly to semi-monthly, from June 1, 1993 through August 31, 1993. The amendment does this by changing the expiration date of the October 16, 1992, amendment which changed the reporting period. The amendment continues the needed relief to licensed authorized organizations to allow them to continue conducting bingo thus preventing the loss of revenue to the state which would result if they ceased conducting bingo and preventing the increased buren on state and local government which would result if these organizations no longer were receiving bingo proceeds to use in their charitable activities. The amendment will continue until legislation changing bingo taxes can take effect. A representative of a licensed authorized organization spoke at the commission meeting recommending adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 179d, sec.16(a) and sec.23(e), which provide the commission with the authority to adopt rules relating to the enforcement and administration of the Bingo Enabling Act. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on April 29, 1993. TRD-9322349 Gayle Gordon General Counsel Texas Alcoholic Beverage Commission Effective date: May 21, 1993 Proposal publication date: March 23, 1993 For further information, please call: (512) 206-3204 TITLE 22. EXAMINING BOARDS Part VI. State Board of Registration for Professional Engineers Chapter 131. Practice and Procedure Education 22 TAC sec.131.92 The State Board of Registration for Professional Engineers adopts an amendment to sec.131.92, concerning education, without changes to the proposed text as published in the February 5, 1993, issue of the Texas Register (18 TexReg 734). The section was amended to clarify which applicants must have their foreign degrees evaluated by a commercial evaluation service selected by the board. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 3271a, sec.8(a), which provide the board with the authority to make and enforce all rules and regulations necessary for the performance of its duties. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on April 28, 1993. TRD-9322229 Charles E. Nemir, P.E. Executive Director State Board of Registration for Professional Engineers Effective date: May 19, 1993 Proposal publication date: February 5, 1993 For further information, please call: (512) 440-7723 Part XXXII. State Committee of Examiners for Speech Language Pathology and Audiology Chapter 741. Speech-Language Pathologists and Audiologists The State Committee of Examiners for Speech-Language Pathology and Audiology (committee) adopts amendments to sec.sec.741.2, 741.41, 741.61, 741.81, 741.103, 741.123, 741.162, 741.163, 741.193, 741.194, 741.197, and 741.198; and adopts new sec.sec.741.27 and 741.301. Sections 741.27, 741.61, 741.81, 741. 103, 741.193, 741.194, 741.197, and 741.301 are adopted with changes to the proposed text published in the December 8, 1992, issue of the Texas Register (17 TexReg 8494). A correction of error for proposed sec.741.198 was published in the January 19, 1993, issue of the Texas Register (18 TexReg 379). Sections 741.2, 741.41, 741.123, 741.162, 741.163, and 741.198 are adopted without changes and will not be republished. The amendments delete unnecessary language; clarify language concerning clinical practicum, application and examination procedures; reorganize and expand language concerning Code of Ethics, license inactive status and continuing education; and clarify and update language concerning complaint procedures, procedures for denying, suspending or revoking a license, formal hearing procedures, and license requirements for individuals with criminal backgrounds. The new sections establish a method to petition for adoption of a rule and establish academic requirements for examination and dual license. The following comments were received concerning the proposed rules. Concerning sec.741.301(6)(B), a commenter stated that no option exists for individuals who do not meet the time frames. The committee agreed and has added language that would allow an individual to request an extension. The language in this section relates to individuals who are pursuing dual licensure as both a speech-language pathologist and an audiologist. Sections 741.61(6)(B) and 741.81(6)(B) cover requirements for individuals who are seeking a license in only one professional area; the administrative procedures in these sections should be consistent. The language was clarified and was also included in sec.741.103 as new (b) (relating to Required Application Materials) as well. Minor editorial changes were made to sec.741.194(l) and sec.741.27(c)(2)(B) for clarification. No groups or organizations submitted comments. The individual who commented was neither for or against the sections in their entirety; however, questions and concerns were raised and suggestions were offered. Subchapter A. Introduction 22 TAC sec.741.2 The amendments are adopted under Texas Civil Statutes, Article 4512j, sec.5, which provide the State Committee of Examiners for Speech-Language Pathology and Audiology, subject to the approval of the Texas Board of Health, with the authority to adopt rules consistent with Article 4512j and as necessary to administer and enforce the Act. sec.741.2. Definitions. The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise. Aide-A licensed associate in speech-language pathology or audiology. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on April 28, 1993. TRD-9322263 Robert A. MacLean, M.D. Deputy Commissioner Texas Department of Health Effective date: May 19, 1993 Proposal publication date: December 8, 1992 For further information, please call: (512) 834-7758 Subchapter B. The Committee 22 TAC sec.741.27 The new section is adopted under Texas Civil Statutes, Article 4512j, sec.5, which provide the State Committee of Examiners for Speech-Language Pathology and Audiology, subject to the approval of the Texas Board of Health, with the authority to adopt rules consistent with Article 4512j and as necessary to administer and enforce the Act. sec.741.27. Petition for adoption of a rule. (a) Purpose. The purpose of this section is to delineate the committee's procedures for the submission, consideration, and disposition of a petition to the committee to adopt a rule. (b) Submission of the petition. (1) Any person may petition the committee to adopt a rule. (2) The petition shall be in writing; shall state the petitioner's name, address, and telephone number; and shall contain the following: (A) a brief explanation of and justification for the proposed rule; (B) the text of the proposed rule prepared in a manner to indicate the words to be added or deleted from the current text, if any; (C) a statement of the statutory or other authority under which the rule is to be promulgated; and (D) the public benefit anticipated as a result of adopting the rule or the anticipated injury or inequity which could result from the failure to adopt the proposed rule. (3) The petition shall be mailed or delivered to the executive secretary, State Committee of Examiners for Speech-Language Pathology and Audiology, 1100 West 49th Street, Austin, Texas 78756-3183. (c) Consideration and disposition of the petition. (1) Except as otherwise provided in paragraph (4) of this subsection, the executive secretary shall submit a completed petition to the committee for its consideration. (2) Within 60 days after receipt of the completed petition by the executive secretary, the committee shall either: (A) deny the petition; (B) initiate rule-making procedures in accordance with the Administrative Procedure and Texas Register Act (APTRA), Texas Civil Statutes, Article 6252- 13a, sec.5; or (C) deny parts of the petition and/or institute rule-making procedures on parts of the petition. (3) If the committee denies the petition, the executive secretary shall give the petitioner written notice of the committee's denial, including the reason(s) for the denial. (4) If the committee initiates rule-making procedures in accordance with the APTRA, sec.5, the version of the rule which the committee proposes may differ from the version proposed by the petitioner. (d) Subsequent petitions to adopt the same or similar rules. All initial petitions for the adoption of a rule shall be presented to and decided by the committee in accordance with the provisions of subsections (b) and (c) of this section. The committee may refuse to consider any subsequent petition for the adoption of the same or similar rule submitted within six months after the date of the initial petition. This agency hereby certifies that the section as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on April 28, 1993. TRD-9322262 Robert A. MacLean, M.D. Deputy Commissioner Texas Department of Health Effective date: May 19, 1993 Proposal publication date: December 8, 1992 For further information, please call: (512) 834-7758 Subchapter C. The Practice of Speech-Language Pathology and Audiology 22 TAC sec.741.41 The amendment is adopted under Texas Civil Statutes, Article 4512j, sec.5, which provide the State Committee of Examiners for Speech-Language Pathology and Audiology, subject to the approval of the Texas Board of Health, with the authority to adopt rules consistent with Article 4512j and as necessary to administer and enforce the Act. This agency hereby certifies that the section as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on April 28, 1993. TRD-9322261 Robert A. MacLean, M.D. Deputy Commissioner Texas Department of Health Effective date: May 19, 1993 Proposal publication date: December 8, 1992 For further information, please call: (512) 834-6658 Subchapter D. Academic Requirements for Examination and Licensure for Speech- Language Pathologists 22 TAC sec.741.61 The amendment is adopted under Texas Civil Statutes, Article 4512j, sec.5, which provide the State Committee of Examiners for Speech-Language Pathology and Audiology, subject to the approval of the Texas Board of Health, with the authority to adopt rules consistent with Article 4512j and as necessary to administer and enforce the Act. sec.741.61. Purpose. The purpose of this section is to delineate the academic requirements for examination and licensure of speech-language pathologists. (1)-(4) (No change.) (5) An applicant must have completed a minimum of 300 clock-hours of supervised clinical experience with individuals who present a variety of communication disorders. (A) Clinical experience may be referred to as clinical practicum. (B)-(D) (No change.) (6) An applicant must have obtained the equivalent of nine months of full- time, 40 hours weekly, supervised professional experience in which bona fide clinical work has been accomplished in speech-language pathology. (A) (No change.) (B) This internship must begin within two years after the academic and clinical experience requirements have been met and must be completed within a maximum period of 36 consecutive months once initiated. Applicants who do not meet these times frames must request, in writing, and receive committee approval for an extension. (C)-(D) (No change.) (7)-(8) (No change.) This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on April 28, 1993. TRD-9322260 Robert A. MacLean, M.D. Deputy Commissioner Texas Department of Health Effective date: May 19, 1993 Proposal publication date: December 8, 1992 For further information, please call: (512) 834-6658 Subchapter E. Academic Requirements for Examination and Licensure for Audiologists 22 TAC sec.741.81 The amendment is adopted under Texas Civil Statutes, Article 4512j, sec.5, which provide the State Committee of Examiners for Speech-Language Pathology and Audiology, subject to the approval of the Texas Board of Health, with the authority to adopt rules consistent with Article 4512j and as necessary to administer and enforce the Act. sec.741.81. Purpose. The purpose of this section is to delineate the academic requirements for examination and licensure of audiologists. (1)-(4) (No change.) (5) An applicant must have completed a minimum of 300 clock-hours of supervised clinical experience with individuals who present a variety of communication disorders. (A) Clinical experience may be referred to as clinical practicum. (B)-(D) (No change.) (6) An applicant must have obtained the equivalent of nine months of full- time, 40 hours weekly, supervised professional experience in which bona fide clinical work has been accomplished in audiology. (A) (No change.) (B) This internship must begin within two years after the academic and clinical experience requirements have been met and must be completed within a maximum period of 36 consecutive months once initiated. Applicants who do not meet these time frames must request, in writing, and receive committee approval for an extension. (C)-(D) (No change.) (7)-(8) (No Change.) This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on April 28, 1993. TRD-9322259 Robert A. MacLean, M.D. Deputy Commissioner Texas Department of Health Effective date: May 19, 1993 Proposal publication date: December 8, 1992 For further information, please call: (512) 834-6658 Subchapter F. Application Procedures 22 TAC sec.741.103 The amendment is adopted under Texas Civil Statutes, Article 4512j, sec.5, which provide the State Committee of Examiners for Speech-Language Pathology and Audiology, subject to the approval of the Texas Board of Health, with the authority to adopt rules consistent with Article 4512j and as necessary to administer and enforce the Act. sec.741.103. Required Application Materials. (a) All applicants applying for a speech-language pathology or audiology license must submit the following: (1) an application form obtained from the committee office which shall contain: (A) specific information regarding personal data, employment and nature of professional practice, other state licenses and certifications held, felony and misdemeanor convictions, educational background, practicum experience, supervised experience and references; (B) a statement that the applicant has read the Act and this chapter of the committee rules and agrees to abide by them; (C) a statement that the applicant, if issued a license, shall return the license to the committee upon the revocation or suspension of the license; (D) a statement that the applicant understands that fees submitted in the licensure process are nonrefundable; and (E) the dated and notarized signature of the applicant; (2) a supervised post-graduate experience form which must contain the following information: (A) the name of the applicant; (B) the supervisor's name, address, degree, and licensure status; (C) the name and address of the agency or organization where the experience was gained; (D) the inclusive dates of the supervised experience and the total number of hours of supervised post-graduate practice; (E) the number of hours of weekly face-to-face supervision provided for the applicant and the types of supervision used (direct, observation room, video tape, audio tape, review of records, etc.); (F) the applicant's employment status during supervised experience; and (G) the supervisor's signature; (3) an original or certified copy of transcript(s) of all relevant course work; (4) a record of all clinical practicum clock hours documented by the academic program; and (5) vitae, resumes, and other documentation of the applicant's credentials, but not in lieu of any other required documentation. (b) All applicants who do not meet internship time frames as required by sec.741.61 (6)(B) (relating to Purpose), sec.741.81(6)(B) (relating to Purpose), and sec.741.301(6)(B) (relating to Purpose), must have received previous committee approval for the applicant's internship. (c) All applicants applying for an associate license must submit the following: (1) an application form obtained from the committee office which contains: (A) specific information regarding personal data, employment and nature of professional practice, other state licenses and certifications held, felony and misdemeanor convictions, educational background and references; (B) a statement that the applicant has read the Act and this chapter of the committee rules and agrees to abide by them; (C) a statement that the applicant, if issued a license, shall return the license to the committee upon the revocation or suspension of the license; (D) a statement that the applicant understands that fees submitted in the licensure process are nonrefundable; and (E) the dated and notarized signature of the applicant; (2) a supervisory responsibility statement form obtained from the committee office which contains: (A) the name, address, employer, area of licensure and license number of the supervisor and the name, area of licensure and employer of the associate; and (B) the dated and notarized signature of the supervisor; (3) an original or certified copy of transcript(s) of relevant course work. The transcript(s) must show that at least a baccalaureate degree was earned; and (4) vitae, resumes, and other documentation of the applicant's credentials, but not in lieu of any other required documentation. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on April 28, 1993. TRD-9322258 Robert A. MacLean Deputy Commissioner Texas Department of Health Effective date: May 19, 1993 Proposal publication date: December 8, 1992 For further information, please call: (512) 834-6658 Subchapter G. Licensure Examinations 22 TAC sec.741. 123 The amendment is adopted under Texas Civil Statutes, Article 4512j, sec.5, which provide the State Committee of Examiners for Speech-Language Pathology and Audiology, subject to the approval of the Texas Board of Health, with the authority to adopt rules consistent with Article 4512j and as necessary to administer and enforce the Act. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on April 28, 1993. TRD-9322257 Robert A. MacLean, M.D. Deputy Commissioner Texas Department of Health Effective date: May 19, 1993 Proposal publication date: December 8, 1992 For further information, please call: (512) 834-6658 Subchapter I. Licensure Renewal 22 TAC sec.741.162, sec.741.163 The amendments are adopted under Texas Civil Statutes, Article 4512j, sec.5, which provide the State Committee of Examiners for Speech-Language Pathology and Audiology, subject to the approval of the Texas Board of Health, with the authority to adopt rules consistent with Article 4512j and as necessary to administer and enforce the Act. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on April 28, 1993. TRD-9322256 Robert A. MacLean, M.D. Deputy Commissioner Texas Department of Health Effective date: May 19, 1993 Proposal publication date: December 8, 1992 For further information, please call: (512) 834-6658 Subchapter K. Denial, Suspension, or Revocation of Licensure 22 TAC sec.sec.741.193, 741.194, 741.197, 741.198 The amendments are adopted under Texas Civil Statutes, Article 4512j, sec.5, which provide the State Committee of Examiners for Speech-Language Pathology and Audiology, subject to the approval of the Texas Board of Health, with the authority to adopt rules consistent with Article 4512j and as necessary to administer and enforce the Act. sec.741.193. Complaint Procedures. (a)-(b) (No change.) (c) The executive secretary may notify the alleged violator of the complaint and request a written response within 45 days. (d)-(g) (No change.) sec.741.194. Procedures for Denying, Suspending, or Revoking a License. (a)-(c) (No change.) (d) If denial, revocation, or suspension of a license is proposed, the committee shall give written notice that the licensee or applicant must request, in writing, a formal hearing within 10 days of receipt of the notice, or the right to a hearing shall be waived and the license shall be denied, revoked, or suspended. The notice shall include a copy of written charges, if applicable. Receipt of the notice is presumed to occur on the tenth day after the notice is mailed to the last address known to the committee unless another date is reflected on a United States Postal Service return receipt. (e) (No change.) (f) If the applicant or licensee requests a formal hearing: (1) the subcommittee may request that a formal hearing be set by the Texas Department of Health, Office of General Counsel. The chair shall appoint a hearing examiner to conduct the formal hearing. The hearing examiner shall recommend final action to the committee based on the evidence presented at the formal hearing. The committee is not required to adopt the recommendations of the hearing examiner and may deny, suspend, or revoke a license, or impose probationary conditions on a license as the committee deems appropriate and lawful; or (2) (No change.) (g) (No change.) (h) Not less than one year from the date of revocation of a license, application may be made to the committee for reinstatement. The committee may accept or reject an application for reinstatement and may require an examination for the reinstatement. (i) If the committee suspends a license, the suspension shall remain in effect until the committee determines that the reason for the suspension no longer exists or for the period of time stated in the order. (j) If a suspension overlaps a license renewal date, the individual whose license is suspended may comply with the renewal procedures in this chapter; however, the committee may not renew the license until the committee determines that the reason for the suspension no longer exists or the period of suspension is completed. (k) If the committee denies an initial license or renewal request, a person may reapply for a license by complying with the then-existing requirements and procedures for application. The committee may refuse to issue a license if the reason for the denial continues to exist. (l) Upon revocation, suspension, or nonrenewal, a licensee shall return his or her certificate, license verification, and identification cards to the committee. sec.741.197. Licensing of Individuals with Criminal Backgrounds to be Speech- Language Pathologists, Audiologists, Licensed Associates in Audiology, and Licensed Associates in Speech-Language Pathology. (a) This section is designed to establish guidelines and criteria on the eligibility of individuals with criminal backgrounds to obtain licenses as speech-language pathologists, audiologists, licensed associates in audiology, and licensed associates in speech-language pathology. (1)-(2) (No change.) (3) In considering whether a criminal conviction directly relates to the profession of a speech-language pathologist, audiologist, licensed associate in audiology, and licensed associate in speech-language pathology, the committee shall consider: (A) (No change.) (B) the relationship of the crime to the purposes for requiring a licensee to be a speech-language pathologist, audiologist, licensed associate in audiology, or licensed associate in speech-language pathology; (C) (No change.) (D) the relationship of the crime to the ability, capacity, or fitness required to perform the duties and discharge the responsibilities of a licensed speech-language pathologist, audiologist, licensed associate in audiology, and licensed associate in speech-language pathology. In making this determination, the committee shall consider the following evidence: (i) -(v) (No change.) (vi) other evidence of the person's present fitness, including letters of recommendation from prosecution, law enforcement, and correctional officers who prosecuted, arrested, or had custodial responsibility for the person; the sheriff and chief of police in the community where the person resides; and any other persons in contact with the convicted person; and (vii) (No change.) (b) Upon a licensee's felony conviction, felony probation revocation, revocation of parole, or revocation of mandatory supervision, his/her license shall be subject to revocation. (c) The following felonies and misdemeanors directly relate because these criminal offenses indicate an inability or a tendency for the person to be unable to perform or to be unfit for licensure: (1) the misdemeanor of violating the Act; (2) a conviction relating to deceptive business practices; (3) a misdemeanor or felony offense involving: (A) murder; (B) assault; (C) burglary; (D) robbery; (E) theft; (F) sexual assault; (G) injury to a child; (H) injury to an elderly person; (I) child abuse or neglect; (J) tampering with a governmental record; (K) forgery; (L) perjury; (M) failure to report abuse; (N) bribery; or (O) harassment. (4) a conviction relating to delivery, possession, manufacturing, or use of a controlled substance, dangerous drug, or narcotic; or (5) other misdemeanors or felonies, including convictions under the Texas Penal Code, Titles 4, 5, 7, 9, and 10, which indicate an inability or tendency for the person to be unable to perform as a licensee or unfit for licensure if action by the committee will promote the intent of the Act, this chapter, and Texas Civil Statutes, Article 6252-13c. (d) Procedures for revoking, suspending, or denying a license to individuals with criminal backgrounds. (1) (No change.) (2) If the committee denies, suspends, or revokes a license under this subsection after hearing, the executive secretary will give the individual written notice in accordance with Texas Civil Statutes, Article 6252-13d. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on April 28, 1993. TRD-9322255 Robert A. MacLean, M.D. Deputy Commissioner Texas Department of Health Effective date: May 19, 1993 Proposal publication date: December 8, 1992 For further information, please call: (512) 834-6658 Subchapter M. Academic Requirements for Examination and Dual Licensure for Speech-Language Pathologists and Audiologists 22 TAC sec.741.301 The new section is adopted under Texas Civil Statutes, Article 4512j, sec.5, which provide the State Committee of Examiners for Speech-Language Pathology and Audiology, subject to the approval of the Texas Board of Health, with the authority to adopt rules consistent with Article 4512j and as necessary to administer and enforce the Act. sec.741.301. Purpose. The purpose of this section is to delineate the academic requirements for examination and dual licensure of speech-language pathologists and audiologists. (1) An applicant must possess at least a master's degree with a major in speech-language pathology or audiology from an accredited or approved college or university. (2) An applicant must submit transcripts showing successful completion of at least 30 semester hours in courses acceptable toward a graduate degree by the college or university in which they were taken. At least 21 graduate hours must be within the professional area of speech-language pathology and at least 21 graduate hours in audiology. (3) The undergraduate and graduate preparation required in audiology and speech-language pathology should be in the broad, but not necessarily exclusive, categories of study, as follows: (A) information pertaining to the normal development and use of speech, language, and hearing, with emphasis on the normal aspects of human communications; (B) information pertaining to evaluation, habilitation, and rehabilitation of speech, language, and hearing disorders; and (C) information pertaining to related areas that augment the work of clinical practitioners of speech-language pathology and audiology (i.e. theories of learning and behavior; information pertaining to related professions that also deal with individuals who have communication disorders; and information from these professions about the sensory, physical, emotional, social and/or intellectual status of a child or an adult). No more than three semester hours in any of the following areas may be accepted: (i) in statistics, beyond the introductory-level course; (ii) academic study of the administrative organization of speech-language pathology and audiology programs; (iii) courses that provide an overview of research; or (iv) academic credit for a thesis or dissertation. (4) Original transcripts shall be required to process an application for licensure or internship approval. Certified copies of transcripts shall be considered originals. Transcripts shall be reviewed as follows: (A) Degrees and course work must have been completed at a college or university within the United States of America which holds accreditation or candidacy status from a recognized regional accrediting agency, such as the Southern Association of Colleges and Universities. (B) Degrees and course work received at foreign universities shall be acceptable only if such course work could be counted as transfer credit by accredited universities, as reported by the American Association of Collegiate Registrars and Admissions Officers. (C) Academic courses, the titles of which are not self-explanatory, must be substantiated through course descriptions in official school catalogs or bulletins or by other official means. (D) The committee shall not accept an undergraduate level course taken by an applicant to meet academic requirements for licensure at the graduate level unless the applicant's transcript clearly shows that the course was awarded graduate credit by the college or university from which the graduate degree was granted. (E) Academic credit obtained from practice teaching or practice work in other professions will not be counted toward the minimum requirements. (F) The committee shall only accept course work completed with a passing grade or for credit. In the case of course work taken outside a program of studies from which a degree was granted, no grade below C shall be counted toward meeting academic requirements for examination for licensure. (G) The committee shall consider a quarter hour of academic credit as 2/3 of a semester hour. (5) An applicant must have completed a minimum of 200 clock-hours in speech- language pathology under the supervision of a licensed speech-language pathologist and 200 clock-hours in audiology under the supervision of a licensed audiologist of supervised clinical experience with individuals who present a variety of communication disorders. (A) Clinical experience may be referred to as clinical practicum. (B) Clinical practicum may be considered to be the supervised, direct experience during academic training which includes evaluation and management of individuals with speech, language, and/or hearing problems. (C) This experience must have been obtained within a training institution or in one of its cooperative programs. (D) While pursuing this course of study, the applicant shall be designated as a trainee in speech-language pathology or audiology, depending on the area of work being done. (6) An applicant must have obtained the equivalent of 18 months of full-time, 40 hours weekly, supervised professional experience in which bona fide clinical work has been accomplished. Nine months shall be in speech-language pathology and nine months in audiology. (A) While pursuing this professional employment experience, the applicant shall be designated as an intern in speech-language pathology or audiology, depending on the area of work being done. (B) This internship must begin within two years after the academic and clinical experience requirements have been met and must be completed within a maximum period of 48 consecutive months once initiated. Applicants who do not meet these time frames must request, in writing, and receive committee approval for an extension. (C) This work must be done under the supervision of an individual who holds a master's degree and a valid Texas license in the professional area in which the clinical experience is being done. (D) Licensees who supervise interns are responsible for the services to the client that may be performed by the intern. The supervising professional must ensure that all services provided are in compliance with this chapter. (E) Until licensed the intern must continue to be supervised if the intern is working. (F) Prior to the beginning of an intern's required supervised professional experience, the intern form must be filed with the executive secretary in the office of the committee. (i) This form is to be completed and signed by the licensed supervising professional and must be updated every six months. (ii) Original transcripts of the intern's college or university course work with verification of graduate degree(s) awarded are required at the time of submission of the intern form. (iii) The committee shall not consider an individual an intern until the intern form is approved. The office must be notified of any change in the supervisory arrangement and a new form must be filed. (iv) Upon acceptance of the intern form the executive secretary shall provide a letter of registration to be placed in the intern's personnel file. (7) A supervisor of an intern must show proof of having earned at least a master's degree with a major in the area being supervised from an accredited college or university by submitting an original or photocopy of the transcript. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on April 28, 1993. TRD-9322254 Robert A. MacLean, M.D. Deputy Commissioner Texas Department of Health Effective date: May 19, 1993 Proposal publication date: December 8, 1992 For further information, please call: (512) 834-6658 TITLE 28. INSURANCE Part I. Texas Department of Insurance Chapter 1. General Administration Subchapter A. Rules of Practice and Procedure 28 TAC sec.sec.1.82-1.86 The State Board of Insurance of the Texas Department of Insurance adopts new sec.sec.1.82-1.86 concerning rules of practice and procedure with changes to the proposed text published in the February 9, 1993, issue of the Texas Register (18 TexReg 800). The new sections concern discovery rules for contested cases as required for the orderly and efficient disposition of matters before the Commissioner and the State Board of Insurance of the Texas Department of Insurance. Adopted sec.sec.1.82-1.86 are designed to supplement existing discovery rules to ascertain or seek the truth, to avoid surprise, to promote settlements, to preserve evidence, and to increase the efficient administration of contested cases. Adopted sec.1.86(a) provides for commissions to take depositions and adopted sec.1.86(b), provides for other discovery orders, including protective orders. Adopted sections 1.86(a) and 1.86(b) shall not apply to matters on appeal before the Board. Adopted sec.sec.1.82-1.86 do not apply to Article 5.101 benchmark rate proceedings brought before the Board, even upon assignment of the proceeding to a Hearings Officer. Adopted sec.sec.1.82-1.86 define the forms and scope of discovery in contested cases, which expand available discovery under TexasCivil Statutes, Article 6252- 13a, and existing rules of practice and procedure. Adopted sec.1.82 defines permissible forms of discovery by parties in contested cases and the scope of discovery. Scope of discovery by parties is essentially the same as collectively provided by the Texas Rules of Civil Procedure, 28 TAC sec.1.33, and Article 6252-13a sec.14 and sec.14a. Adopted sec.1.83 outlines service and filing of discovery requests and responses. Adopted sec.1.84 outlines deadlines for responses to discovery requests, unless modified by agreement of the party seeking discovery. Adopted sec.1.85 outlines requirements concerning requests for admission. Also, adopted sec.1.86 provides for discovery orders, including protective orders, sanctions, and appellate review. However, adopted sec.1.86(a), which provides for commissions to take depositions, and adopted sec.1.86(b), which provides for other discovery orders, including protective orders, shall not apply to matters on appeal before the Board. No comments were received regarding adoption of the new sections. The new sections are adopted under the Texas Insurance Code, Article 1.04(b) , and Texas Civil Statutes, Article 6252-13a, sec.4 and sec.5. Article 1.04(b) provides the Board with authority to determine rules in accordance with the laws of this state. Texas Revised Civil Statutes, Article 6252-13a sec. sec.4 and 5 authorize and require each state agency to adopt rules of practice setting forth the nature and requirements of available procedures and prescribe the procedures for adoption of rules by a state administrative agency. The new sections affect practice and procedure in contested cases before the Commissioner and the State Board of Insurance at the Texas Department of Insurance. sec.1.82. Forms and Scope of Discovery in Contested Cases. (a) Permissible forms of discovery by parties are: (1) oral depositions of a party or a nonparty; (2) written interrogatories to a party; (3) requests of a party for admission of facts or the genuineness or identity of documents or things; (4) requests of a party for production of documents and things for examination and copying or photographing; and (5) requests of a party for entry upon and examination of real or personal property, or both. (b) The scope of discovery shall be the same as provided by the Texas Rules of Civil Procedure and shall be subject to the constraints provided therein for privileges, objections, protective orders and duty to supplement, as well as sec.1.33 of this title (relating to Depositions; Entry on Property; Use of Reports and Statements) and the proceedings provided in the Act, Texas Civil Statutes, Article 6252-13a, sec.14 and sec.14a. All discovery may commence upon the filing of an action or proceeding. No discovery may be initiated by a party seeking discovery after the initial hearing date, unless allowed by the Hearings Officer upon a showing of good cause. (c) This section and sec.sec.1.83-1.86 of this title (relating to Service and Filing of Discovery Requests and Responses; Deadlines for Responses to Discovery; Requests for Admission; and Discovery Orders) shall not apply to Article 5.101 benchmark rate proceedings brought before the Board, even upon assignment of such proceeding to a Hearings Officer or a contested case docket. Further, sec.1.86(a), which provides for commissions to take depositions, and sec.1.86(b), which provides for other discovery orders, including protective orders shall not apply to matters on appeal before the Board. sec.1.83. Service and Filing of Discovery Requests and Responses. Requests for discovery and responses thereto shall be served in the manner provided by sec.1.28(d) of this title (relating to Service in Contested Cases) and should not be filed with the Hearings Division or Office of Administrative Hearings. Requests for issuance of a Commission to take deposition shall be filed with the Hearings Officer with a proposed Commission to take deposition only if the parties disagree on the scheduling or scope of the deposition. Depositions shall be returned in the manner provided in the Act, Texas Civil Statutes, Article 6252-13a, sec.14. Except for good cause shown, all requests for discovery shall be timely made prior to the hearing. sec.1.84. Deadlines for Responses to Discovery Requests. Responses to discovery requests shall be made within a reasonable time period of not less than 14 days after receipt of service as directed by the party seeking discovery. The Hearings Officer may shorten or lengthen such time periods as the interest of justice requires. Nothing within this section shall prevent the party seeking discovery to extend response deadlines by agreement, but no such agreement shall be enforceable unless in writing and filed in the contested case that forms the basis for the discovery requests as provided in sec.1.31 of this title (relating to Agreements to be in Writing). sec.1.85. Requests for Admission. Except as otherwise provided, requests for admission shall be governed by the applicable provisions of the Texas Rules of Civil Procedure. Each matter for which an admission is requested shall be separately stated. The matter shall be deemed to be admitted without necessity for an order unless, within the prescribed time for responding, the party to whom the request is directed serves upon the requesting party a written answer or objection addressed to the matter. The Requests for Admission document must clearly set forth this provision for deemed admissions, in bold print or by underlining, in a conspicuous location calculated to inform the opposing party of the consequences of a failure to respond within the prescribed time, as provided in sec.1.84 of this title (relating to Deadlines for Responses to Discovery Requests). The Hearings Officer or the Commissioner or Board may permit withdrawal or amendment of responses and deemed admissions upon a showing of good cause, if necessary in the interest of justice. sec.1.86. Discovery Orders. (a) Commission to take Deposition. The Hearings Officer is authorized to issue a Commission to take deposition, which shall authorize the issuance of any subpoenas necessary to require that the witness appear and produce, at the time the deposition is taken, books, records, papers, or other objects that may be necessary and proper for the purposes of the proceeding. (b) Other Discovery Orders. The Hearings Officer may issue protective orders and orders compelling discovery responses. Requests for orders compelling discovery shall contain a statement that, after due diligence, the desired information cannot be obtained through informal means, good faith efforts at negotiation have failed to produce the requested discovery and that good cause exists for requiring discovery. The Hearings Officer may conduct in camera inspections of materials when requested by a party or when necessary to determine facts required to issue appropriate discovery orders, including protective orders. The request for a discovery order may be denied if the request is untimely or unduly burdensome in light of the complexity of the proceeding, if the requesting party has failed to exercise due diligence, if the discovery would result in undue cost to the parties or unnecessary delay in the proceeding, or for other good cause in the interest of justice. (c) Sanctions. After notice and opportunity for hearing, an order imposing sanctions, as are just, may be issued by the Commissioner or the Hearings Officer for failure to comply with a discovery order, or subpoena issued pursuant to a Commission for deposition or production of books, records, papers, or other objects. The order imposing sanctions may: (1) disallow any further discovery of any kind or of a particular kind by the disobedient party; (2) require the party, the party's representative, or both to obey the discovery order; (3) require the party, the party's representative, or both to pay reasonable expenses, including attorney fees, incurred by reason of the party's noncompliance; (4) direct that the matters regarding which the discovery order was made shall be deemed established in accordance with the claim of the party obtaining the order; (5) refuse to allow the disobedient party to support or oppose designated claims or defenses or prohibit the party from introducing designated matters into evidence; (6) strike pleadings or parts thereof or abate further proceedings until the order is obeyed; or, if entered by the Commissioner; (7) dismiss the action or proceeding or any part thereof or render a decision by default against the disobedient party. (d) Appellate Review. Any discovery order or subpoena and any order imposing sanctions issued by the Hearings Officer is subject to review by an appeal to the Commissioner or the Board, according to the stage of the action or proceeding. The appeal shall be filed with the Commissioner or Board within five days of the action that is the subject of the appeal. The appeal may be carried with the underlying case provided the Commissioner does not act upon the appeal within 15 days after the appeal was filed. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on April 30, 1993. TRD-9322353 Linda K. von Quintus-Dorn Chief Clerk Texas Department of Insurance Effective date: May 21, 1993 Proposal publication date: February 9, 1993 For further information, please call: (512) 463-6327 TITLE 31. NATURAL RESOURCES AND CONSERVATION Part IX. Texas Water Commission Chapter 334. Underground and Aboveground Storage Tanks Subchapter J. Registration of Corrective Action Specialists and Project Managers for Product Storage Tank Remediation Projects 31 TAC sec.sec.334.451-334.463, 334.465-334.466 The Texas Water Commission (TWC) adopts new sec.sec.334.451-334.463 and 334. 465-334.466, concerning registration requirements for corrective action specialists and project managers. Sections 334.451-334.463 and 334.465-334.466 are adopted with changes to the proposed text as published in the November 3, 1992 issue of the Texas Register (17 TexReg 7754). Section 334.464 has been withdrawn. This subchapter provides rules for registering Corrective Action Specialists and Corrective Action Project Managers, who will conduct, assist, or supervise corrective action projects pursuant to the Texas Water Code, Chapter 26, Subchapter I, and 31 TAC Chapter 334. The new subchapter provides guidance for responsible parties and establishes criteria for the registration of consultants and contractors hired to conduct corrective action pursuant to the statute and TWC rules. The new sections were prompted by two concerns. First, at present there are no regulations in place to govern contractors and consultants engaged in corrective action services. Without any guidance provided by the agency, responsible parties sometimes find it difficult to secure the services of responsible, competent Corrective Action Specialists. The adoption of these rules will enable the commission to provide the mechanism that will allow owners and operators to evaluate the many potential specialists in the market, and hire with confidence registered contractors/consultants who meet minimum TWC standards and produce acceptable results, not only for the benefit of the owners/operators, but for all Texans and the environment. Second, these rules will provide an essential connection to Chapter 334, Subchapter H, relating to the Interim Reimbursement Program. The new rules create a framework for evaluating the performance of Corrective Action Specialists, and will alert responsible parties to the fact that the TWC will use the Reimbursable Cost Guidelines in evaluating costs included in applications for reimbursement. The intent of this subchapter is not to force any company presently providing corrective action services out of the market. Rather, these rules are intended to mandate and enforce a minimum level of competency, responsibility, and quality of performance. Companies that presently do not have persons on staff who meet the requirements of a Project Manager need only employ or subcontract with persons who possess the minimum educational and corrective action experience to be registered as Corrective Action Project Managers. These rules do not require that Corrective Action Project Managers be continually on-site as supervisors. However, the presence of the Project Manager on-site during critical junctures of corrective action is recommended as the Corrective Action Project Manager and Corrective Action Specialist are ultimately responsible for the corrective action measures taken at the LPST site. The rules are written and will be enforced with the understanding that field decisions are made based upon professional judgment, sometimes in situations where the on-site professional could not have predicted the circumstances to which he is responding. The commission is not intent on second-guessing field decisions that are made utilizing sound professional judgment. However, the commission does expect improved performance with experience. The commission received several comments in response to the proposed rules. Among the organizations submitting comments to the commission were the Texas Association of Storage Tank Professionals, the Texas State Board of Registration for Professional Engineers, the faculty of Southwest Texas State University, and numerous companies and individuals in the corrective action industry. These comments may be divided into three general categories: concerns over the education requirements for Corrective Action Project Managers; concerns over the "regulation" of engineers; and concerns over the commission's ability to revoke registrations when Corrective Action Specialists charge excessive costs. The commission in this adopted rule has modified the proposed education requirements to require all persons seeking registration as Corrective Action Project Managers to take an examination. The executive director may waive the examination requirement for persons who hold current Texas registration as a Professional Engineer. The commission has also deleted all provisions in this subchapter that would allow revocation of a registration certificate when a Corrective Action Specialist charges excessive costs. However, the owner/operator and the Corrective Action Specialist must sign a form provided by the commission indicating that both parties understand that the commission will evaluate reimbursement applications based upon the rules of the commission and the Reimbursable Cost Guidelines. With regard to the concerns of professional engineers, this subchapter is in no way an attempt to infringe upon the jurisdiction or authority of the Texas State Board of Registration for Professional Engineers (the Board). The commission recognizes that the Board has the exclusive jurisdiction to license professional engineers in Texas. This subchapter is not intended, and will not be used practically, to evaluate anyone's engineering qualifications. The rules allow individuals with engineering degrees, plus two years of corrective action service experience, to qualify as Corrective Action Project Managers. Nevertheless, not all projects and activities conducted by project managers and contemplated under this subchapter must be performed by Professional Engineers. The commission recognizes that engineering aspects may only be performed by registered and licensed professional engineers. Several commenters expressed confusion about the meaning of various terms used throughout the subchapter. The commission has developed a list of definitions for key words and phrases included in this subchapter. These definitions will be proposed for adoption in the near future. Several commenters have expressed the view that these regulations will drive up corrective action costs by reducing the number of entities that are able to provide corrective action services. The commission disagrees with this opinion for several reasons. First, the regulations directly force no company out of the corrective action market, but only require companies to employ or subcontract with persons meeting the established corrective action project manager qualifications. Second, through regulation of qualifications, performance standards, and professional training the overall quality of the corrective actions should improve and therefore monies are better spent. Finally, the regulations provide a mechanism to penalize those Corrective Action Specialists and Corrective Action Project Managers who demonstrate a track record of substandard performance and are now not effectively utilizing corrective action dollars. The commission realizes that some companies may no longer choose to offer corrective action services, but the net effect will be general improvement in corrective action performance which will promote maximum benefit from corrective action dollars. One commenter suggested that the Corrective Action Specialists and Corrective Action Project Managers not be allowed to have any association with the construction contractor in order to prevent any conflict of interest. The commission responds, that at this time it does not anticipate any problem with such associations; however, where such associations are demonstrated to result in poor performance, or improper or unauthorized corrective actions, such associations may be re-evaluated. In addition to the substantive comments, the commission received several comments by persons suggesting grammatical changes to make the rules read more clearly. The following is a synopsis of the cosmetic and substantive changes made: Grammatical changes were made to sec.sec.334.451, 334.452, 334.453, 334.454, 334.456, 334.458, 334.459, 334.460, 334.461, and 334.462 to make these sections read more clearly. A commenter expressed concern that the proposed rules do not specifically exempt tank owners and operators and their employees who may coordinate corrective actions with the Corrective Action Specialist, Corrective Action Project Managers, and the commission, or review technical reports on behalf of the tank owner/operator. The commission responds that the tank owners/operators who coordinate with Corrective Action Specialists, Corrective Action Project Managers, and the commission, or review the technical reports do not need to be registered under this program. The commission has adopted a provision which provides that the tank owner/operator must be registered under this subchapter if they will conduct the corrective actions or assume the role of a Corrective Action Specialist or Corrective Action Project Manager. One commenter stated that the 300 cubic yard provision in sec.334.452(d) is too restrictive, especially at sites where large tank batteries are located and recommended that the allowable volume be variable based upon the UST volume. The commission responds that the 300 cubic yard provision is intended as a mechanism to allow restricted corrective action excavation by a person not registered under this subchapter, but only when specifically approved in advance by the TWC. The purpose for this provision is that in some instances minimal excavation may determine if a release warrants the pursuit of corrective action. The 300 cubic yard rule does not pertain to the volume of backfill or soil that must be excavated to remove an underground storage tank system. Section 334.455 was amended to require the corrective action specialist to submit a Notice of Corrective Action to the executive director. It shall include the disclaimer which is described in subsection (f) of this section. One commenter suggested that the effective date for the notice requirements contained in sec.334.455(a)(1) be consistent with the effective registration deadlines for Corrective Action Specialists and Corrective Action Project Managers. The commission agrees with the recommendation and has modified the rule so that the deadline for providing notice is August 6, 1993 for work which commences on or after that date. Several commenters stated there was no need to require that the tank owner/operator be provided the Notice to Owner or Operator prior to the time a bid is accepted. Additionally, commentors stated that the requirement in sec.334.455(e) to submit the signed notice to the commission within 15 days of the date a bid is accepted is unnecessary and burdensome. The commission responds that this provision is necessary because it will provide notice to the owner or operator as to what the registration requirements are and that reimbursement is subject to TWC Reimbursable Cost review, as well as to provide timely notice to the commission that a properly registered Corrective Action Specialist has been contracted to perform the corrective action. One commenter suggested the Notice to Owner or Operator include the Reimbursable (Reasonable) Cost Guidelines so that the owner or operator would know what the commission will reimburse. The commission has modified the notice language in the rule to include a statement that the commission will evaluate reimbursement applications in accordance with the Reimbursable Cost Guidelines and Chapter 334, Subchapter H, and any costs deemed not reimbursable shall not be reimbursed by the commission. One commenter stated that requiring the notice on marketing materials, particularly in the case of business cards, is impractical. The commission agrees and has deleted the provision requiring the notice on all marketing materials from the adopted rule. One commenter expressed concern that maintaining the list of Corrective Action Project Managers is a burdensome task due to frequent changes in employment and subcontract arrangements and recommended not requiring a list of project managers to be maintained. The commission agreed with the commenter that the maintenance of a Corrective Action Project Manager list would be burdensome and has deleted this provision. In its adopted rule, in response to the numerous comments received, the commission has deleted what was proposed under sec.334.457, and in place of the proposed language, the commission has established the following educational criteria for registration as a project manager: either a degree which is technical in focus in a physical science, natural science, biological science, environmental science, engineering, applied geography, or other degree directly related to the environmental field, two years of experience in corrective action service, and the successful completion of an examination approved by the executive director; or six years of experience in corrective action service, and the successful completion of an examination approved by the executive director. The executive director may waive the examination requirement for persons who hold current Texas registration as a Professional Engineer. Several commenters raised concerns whether tank installations, repairs, and removals would be considered corrective action services. The commission responds that tank installations, repairs, and removals are a separate activity from corrective action, in that expertise in tank construction projects does not imply expertise in corrective action. Those entities and persons who only install, repair, and remove underground storage tanks are not required to be registered under this subchapter. Likewise, those entities or persons who wish only to perform corrective action services are not required to comply with the provisions of Subchapter I of this chapter (relating to Underground Storage Tank Contractor Registration and Installer Licensing). The commission does not accept Subchapter I licensing or registration in lieu of specific registration under this subchapter. One commenter suggested that law degrees be added to the list of acceptable degrees because much of corrective action involves the direct application of the laws and regulations. The commission responds that a law degree imparts no expertise in assessment or remediation. One commenter suggested that the rules should be modified to require two years of continuous experience. The commission responds that if the applicant can demonstrate two years of experience, whether or not continuous, then requirements are met. A commenter stated that there is no justification for the disallowance of OSHA Health and Safety courses in meeting the 16 hours of continued education. The commission responds that the goal of the proposed education requirements is to keep Corrective Action Project Managers abreast of continually evolving corrective action procedures, methods, and technologies. While the OSHA courses are significant to environmental programs, they do not focus directly on corrective action and therefore do not count toward the 16 hours of continued education required by this rule. One commenter expressed concern that the proposed rule effectively eliminates private business with qualified personnel from offering the continuing educational courses. The commission responds that it did not intend to preclude offerings by qualified private businesses. The commission only desires that the training be legitimate and meaningful. Therefore, the adopted rule allows private businesses with qualified staff to offer courses, after both the company and the offered courses have been determined by the commission to meet the requirements of the rule. One commenter expressed concern that the required corrective action experience must be related to LPST sites. The commission responds that while LPST corrective action experience is desirous the commission recognizes that equivalent experience can be obtained in other environmental corrective action programs. The commission also recognizes the valuable subsurface hydrocarbon exploration and recovery experience obtained in the oil and gas industry. Therefore, the commission has modified sec.334.456 and sec.334.457, to specify that applicable corrective action experience is not necessarily limited to sites which fall under the jurisdiction of this chapter or Subtitle I of RCRA. Corrective action experience may include operations conducted pursuant to the Texas Water Code, Chapter 26, and cleanups pursuant to RCRA, CERCLA, and/or OSPRA, and/or any cleanup under the jurisdiction of the Texas Railroad Commission, the General Land Office, or the United States Environmental Protection Agency. The proposed provisions which authorized the executive director to revoke or suspend certificates of registration of persons who charged excessive costs have not been included in the adopted rule. Under the adopted rule, the executive director will not revoke registration certificates for charging excessive costs under this subchapter. Section 334.464 (relating to Excessive Charges) was deleted in its entirety. The new sections are adopted under the authority of the Texas Water Code, sec.5.103 and sec.5.105, which provides the Texas Water Commission with the authority to adopt any sections necessary to carry out its powers and duties under the Texas Water Code and other laws of the State of Texas, and to establish and approve all general policy of the commission. sec.334.451. Applicability of Subchapter J. (a) In General. (1) The types of corrective action services described in this section must be offered to be performed by a company or person duly registered under this subchapter as a corrective action specialist; (2) The types of corrective action services described in this section must be performed by or coordinated by a company or person duly registered under this subchapter as a Corrective Action Specialist; and, (3) The types of corrective action services described in this section must be performed under the supervision of a person duly registered under this subchapter as a corrective action project manager. (b) Types of Tanks Covered. The provisions of this subchapter are applicable to corrective action activities associated with all leaking underground and aboveground storage tanks regulated under this chapter. (c) Types of Services Covered: Corrective Action Services. Except as provided in sec.334.452 of this title (relating to Exemptions from Subchapter J) , corrective action services to assess, remediate, and monitor contamination and close LPST sites are subject to the requirements of this subchapter. The corrective action services covered by this subchapter include but are not limited to: (1) measures to halt the spread of a release in progress or to prevent future or threatened spread of releases of regulated substances; (2) installation of monitoring wells, soil borings or any necessary sampling, and any other actions reasonably necessary to determine the extent of contamination caused by a release; (3) preparation of reports assessing the extent of contamination, monitoring the contamination, preparation of remedial action plans; (4) site cleanup, including the removal, on-site or in-situ treatment, and treatment or disposal of surface and subsurface contamination; (5) post-remediation monitoring and site closure; or (6) any other action reasonably necessary to protect the public health and safety or the environment from harm or threatened harm due to releases as determined by the executive director. (d) Time period covered. The requirements of this subchapter apply to all corrective action services commenced or offered to be performed on or after the effective date of these rules, unless a provision in this subchapter states otherwise. sec.334.452. Exemptions from Subchapter J. (a) The requirements of this subchapter do not apply to corrective action services which the party claiming the exemption can show were performed or offered to be performed at LPST sites which are: (1) completely exempt from regulation under sec.334.3(a) of this title (relating to Statutory Exemptions) or sec.334.123 of this title (relating to Statutory Exemptions for ASTs); or (2) completely excluded from regulation under sec.334.4(a) of this title (relating to Commission Exclusions) or sec.334.124 of this title (relating to Commission Exclusions for ASTs); (b) The requirements of this subchapter do not apply to Corrective Action Specialists when the party claiming the exemption can show that corrective action services were completed on or prior to August 6, 1993. Any corrective action service commenced by a Corrective Action Specialist on or after August 6, 1993 is subject to the requirements of this subchapter. Any corrective action service commenced by a Corrective Action Specialist prior to August 6, 1993, which is still being performed on or after August 6, 1993, is subject to the requirements of this subchapter. (c) The requirements of this subchapter do not apply to Corrective Action Project Managers when the party claiming the exemption can show that corrective action services were completed on or before February 4, 1994. Any corrective action service commenced by a Corrective Action Project Manager on or after February 4, 1994, is subject to the requirements of this subchapter. Any corrective action service commenced by a Corrective Action Project Manager prior to February 4, 1994, which is still being performed on or after February 4, 1994, is subject to the requirements of this subchapter. (d) The requirements of this subchapter do not apply to: (1) installation, repair, and removal of underground storage tanks when conducted and supervised by persons or entities registered or licensed in accordance with Subchapter I of this chapter; and (2) the following limited activities, but only when such activities are performed as part of an underground storage tank permanent removal-from- service project conducted under the direct supervision of an on-site supervisor licensed to remove underground storage tanks under Subchapter I of this chapter, and further subject to all appropriate requirements and standards in this subchapter, including enforcement authority: (A) subject to prior written TWC approval, excavation of contaminated soil when necessary for corrective action at the LPST site of an amount not to exceed 300 cubic yards of compacted materials (390 cubic yards of uncompacted materials) beyond the backfill unless specific prior written authorization from the TWC is granted for additional excavation yardage; (B) sampling of the excavated materials described in subparagraph (A) of this subsection, and the floor and walls of the area excavated as necessary to determine levels of contamination as required by Subchapter C of this chapter (relating to Technical Standards) or Subchapter D of this chapter (relating to Corrective Action and Release Reporting); (C) passive aeration and necessary routine tilling and sampling of the excavated materials described in subparagraph (A) of this subsection in accordance with applicable Texas Air Control Board regulations; and, (D) lawful disposal of the excavated materials described in subparagraph (A) of this paragraph. (e) The requirements of this subchapter do not apply to: (1) the provision of alternate water supplies; (2) analysis of samples by a laboratory; (f) The requirements of this subchapter do not apply to emergency abatement actions described in sec.334.454 of this title (relating to Exception for Emergency Abatement Actions) if done in compliance with sec.334.454. (g) The requirements of this subchapter do not apply to facilities which are authorized to store or treat petroleum-substance waste from more than one LPST site under the provisions of Subchapter K of this chapter (relating to Petroleum Substance Waste). (h) the requirements of this subchapter do not apply to owners or operators, their direct employees, parent companies, or subsidiaries who on behalf of the owner or operator coordinate with, manage, or supervise Corrective Action Specialists or Corrective Action Project Managers, or coordinate with the commission, or review the corrective action reports. The tank owners or operators, their direct employees, parent companies, or subsidiaries who conduct corrective action services are subject to all provisions of this subchapter. sec.334.453. General Requirements and Prohibitions. (a) Requirements. Except as otherwise provided by this subchapter, on or after the effective date of these rules: (1) all corrective action services covered by this subchapter must be offered to be performed by, performed by, or coordinated by a natural person or entity registered as a Corrective Action Specialist; and (2) all corrective action services covered by this subchapter must be supervised by a natural person registered as a Corrective Action Project Manager. (3) all Corrective Action Specialists and Corrective Action Project Managers shall perform corrective action services in accordance with accepted industry practices and standards and in accordance with all applicable local, state, and federal regulations; (4) all reports submitted to the commission pertaining to corrective action covered by this subchapter must possess the signature of an authorized business representative of the Corrective Action Specialist and the Corrective Action Project Manager, and the corrective action registration numbers for the Corrective Action Specialist and Corrective Action Project Manager; (5) any person or entity performing corrective action services as a Corrective Action Specialist at an LPST site must prominently display their corrective action registration number and the executive director's LPST number for the site on all LPST bids, proposals, offers, and drawings. (b) Prohibitions. (1) Except as otherwise provided by this subchapter, on or after the effective date of these rules: (A) no person shall offer to perform any corrective action service covered by this subchapter unless the person offering to perform the service: (i) is duly registered under this subchapter as a Corrective Action Specialist; or (ii) is offering to perform the service under the coordination of a duly registered Corrective Action Specialist; (B) no person shall commence or perform any corrective action service covered by this subchapter unless the person commencing or performing the service is duly registered under this subchapter as a Corrective Action Specialist; (C) no person shall perform, direct, allow, or cause any corrective action service covered by this subchapter to be performed unless the corrective action service is being performed by or coordinated by a duly registered Corrective Action Specialist; (D) no person offering to perform corrective action service may enter into a contract for any corrective action service unless he provides the owner or operator or other person who directs, causes, or authorizes the service with Notice of Corrective Action in the manner required by sec.334.455 of this title (relating to Notice to Owner or Operator). (E) no person or entity who submits the following types of information to the executive director shall submit information which they know or reasonably should have known to be false or deceptive: (i) an application for registration or renewal submitted to the executive director under this subchapter; or (ii) an application for reimbursement submitted to the executive director under Subchapter H of this chapter (relating to Interim Reimbursement Program); (iii) any report submitted to the executive director in the course of performing corrective action on an LPST site; or (iv) an affidavit to the executive director regarding Notice of Corrective Action under sec.334.455 of the title (relating to Notice to Owner or Operator). (2) Except as otherwise provided by this subchapter, on or after the effective date of these rules: (A) no person shall commence or perform any corrective action service covered by this subchapter unless the person commencing or performing the service is duly registered under this subchapter as a Corrective Action Project Manager; (B) no person shall supervise the performance of any corrective action service covered by this subchapter unless the person supervising is duly registered under this subchapter as a Corrective Action Project Manager; (C) no person shall perform, direct, allow, or cause any corrective action service covered by this subchapter to be performed unless the corrective action service is being supervised by a natural person duly registered under this subchapter as a Corrective Action Project Manager; (D) no person or entity offering to perform or performing corrective action services as a Corrective Action Specialist shall represent that they are registered under this subchapter or represent that any corrective action services they perform are subject to reimbursement by the commission unless the person or entity making such representation possesses a valid certificate of registration issued under this subchapter; (E) no person or entity who is a registered UST contractor or a licensed installer or on-site supervisor pursuant to Subchapter I of this chapter shall represent that they are authorized to perform any corrective action service covered by this subchapter except as provided under sec.334.452(d) of this title (relating to (Exemptions from Subchapter J)) unless that person or entity is registered as a Corrective Action Specialist pursuant to this subchapter. (c) Any violation of this section or any other requirements of this subchapter shall be subject to enforcement including administrative, civil, and/or criminal penalties. (d) Corrective Action Specialists and/or Corrective Action Project Managers may be held responsible and subject to enforcement including administrative, civil, and/or criminal penalties for any violation of this section or any other requirements of this subchapter by a person performing corrective action services under his supervision or coordination. (e) Any penalty assessed or order issued under this section is cumulative of any other remedies available to the commission. sec.334.454. Exception for Emergency Abatement Actions. (a) An owner or operator or other person may undertake such corrective action as may be necessary to abate any immediate threat to human health and safety or the environment caused by a release or threatened release without a registered Corrective Action Specialist or a Corrective Action Project Manager, and a person who is not registered under this subchapter may provide or perform such services provided that the action is in compliance with this section. (b) In order for this section to apply, the owner or operator or other person must: (1) be able to demonstrate that the actions taken were necessary to protect against imminent danger to human health and safety by mitigating fire, explosion, and vapor hazards, by removing free product from structures, basements, sumps, etc., or performing other actions as deemed necessary by the executive director; (2) notify the executive director of the emergency occurrence within 24 hours of commencing emergency abatement action; (3) notify the local Fire Marshal (or State Fire Marshal if no local authority is available) within 24 hours of commencing emergency abatement action; and (4) obtain the services of a registered corrective action specialist within 10 days of commencing emergency action. sec.334.455. Notice to Owner or Operator. (a) A Notice of Corrective Action must be provided by the Corrective Action Specialist, in accordance with this section for any corrective action services, which are commenced on or after August 6, 1993. (b) The notice requirements of this section apply regardless of whether or not the person offering the services is working directly for an owner or operator. The Notice of Corrective Action must be given to the owner or operator prior to the time when the offer to perform corrective action services is accepted. (c) The notice must contain the following: (1) whether the person or entity is registered pursuant to this subchapter; (2) the person or entity's registration number; (3) proof of commercial liability insurance required in sec.334.456(2)(D)(i) of this title (relating to Application for Certificate of Registration for Corrective Action Specialist); and (4) the disclaimer required in subsection (f) of this section. (5) a statement signed by the owner or operator and by a representative of the Corrective Action Specialist which indicates both parties are aware of the registration requirements for Corrective Action Specialists and Corrective Action Project Managers set forth in this subchapter, and that reimbursement will be in accordance with the provisions of 31 TAC Subchapter H (relating to the Interim Reimbursement Program) and in accordance with the published TWC Reimbursable Cost Guidelines. (d) The Notice of Corrective Action must be on a form provided by the executive director. The person contracting with the owner or operator shall provide the owner or operator with a copy of the signed Notice of Corrective Action. (e) Within 15 days of the date on which the offer to perform corrective action services is accepted, the Corrective Action Specialist shall submit to the executive director a copy of such written notice signed by the authorized representative of the Corrective Action Specialist and by the owner or operator or their duly authorized agent. (f) Any bid, proposal, or offer that indicates a company or person is a Corrective Action Specialist must reproduce in its entirety the following disclaimer. The following disclaimer must be a part of any notice required by this section. (1) The registration of a Corrective Action Specialist by the Texas Water Commission does not constitute endorsement, licensing, or promotion of any Corrective Action Specialist. Registration does not imply that the Texas Water Commission guarantees the quality of the work performed or that the cost of the work may be reimbursed. (2) Reimbursement for approved work is subject to the eligibility requirements set forth in Subchapter H of this chapter and the Texas Water Commission's Reimbursable Cost Guidelines. Charges exceeding the amount determined as reimbursable for that particular work item shall not be reimbursed by the Commission. sec.334.456. Application for Certificate of Registration for Corrective Action Specialist. As determined by the executive director, an application for registration as a Corrective Action Specialist shall meet the following requirements. (1) The application shall be made on a form provided or approved by the executive director. (2) The application shall include at a minimum: (A) the applicant's business name, business mailing address and telephone number, permanent physical address; (B) the business representative's name and title; (C) the address, telephone number, and business representative for any branch office that will be operating under the issued certificate of registration; (D) documentation of financial assurance, including: (i) evidence of comprehensive general liability insurance designating The Texas Water Commission, Petroleum Storage Tank Division as the certificate holder in an amount of not less than one million dollars and of a type approved by the executive director; and (ii) one of the following: (I) a financial statement prepared in conformity with accounting principles as defined by the American Institute of Public Accountants, indicating an applicant's current (not more than 12 months old) net worth of not less than $25,000 that is signed by the applicant's business representative; or, (II) other evidence of financial assurance which is determined by the executive director to be sufficient for the purposes of this section. (E) documentation of quality of performance including one of the following: (i) sworn statements, on forms approved by the executive director, from at least three references, not related by blood or marriage, for whom the applicant performed corrective action services, within the immediately preceding 24 months. Applicable corrective action experience shall not be limited to experience gained at LPST sites, but shall also include corrective actions conducted pursuant to the Resource Conservation and Recovery Act (RCRA); the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA); the Oil Spill Prevention and Response Act (OSPRA); the Texas Water Code Chapter 26; or any corrective action conducted under the auspices of the Texas Water Commission, the General Land Office, the Texas Railroad Commission, or the United States Environmental Protection Agency. These statements shall also attest to the applicant's job reliability and the client's satisfaction of performance. Such statements shall also include a description of the type of corrective action services work including engineering, geology, or hydrogeology which was performed by the applicant and the physical address where the activity occurred; or (ii) a written explanation indicating good cause as determined by the executive director for not providing the sworn statements required in clause (i) of this subparagraph. For the purposes of this subsection, an applicant's experience under the supervision of a registered Corrective Action Project Manager may be sufficient documentation of quality of performance if the executive director determines that the applicant had substantial involvement in the decision-making process during the performance of the work. The written explanation shall include a detailed description of three case histories of corrective action services performed by the applicant during the previous 24 months; or (iii) other documentation of quality of performance which is determined by the executive director to be sufficient, pursuant to this section. (3) The applicant shall submit a notarized, completed application that contains a sworn statement from the applicant attesting to the accuracy of the information provided to the executive director. sec.334.457. Application for Certificate of Registration for Corrective Action Project Manager. An application for registration as a Corrective Action Project Manager shall meet the following requirements. (1) Applications for a certificate of registration shall be made on forms provided or approved by the executive director. (2) Application for certificate of registration shall include at a minimum: (A) business mailing address and telephone number, and permanent physical address; (B) documentation of quality of performance including one of the following: (i) Sworn statements, on forms approved by the executive director, from at least three references, not related by blood or marriage, for whom the applicant has performed corrective action services, within the immediately preceding 24 months. Applicable corrective action experience shall not be limited to experience gained at LPST sites, but shall also include relevant professional experience derived while working in the oil and gas industry, and corrective actions conducted pursuant to the Resource Conservation and Recovery Act (RCRA); the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA); the Oil Spill Prevention and Response Act (OSPRA); the Texas Water Code Chapter 26; or any corrective action conducted under the auspices of the Texas Water Commission, the General Land Office, the Texas Railroad Commission, or the United States Environmental Protection Agency. These statements shall also attest to the applicant's job reliability and the client's satisfaction of performance. Such statements shall also include a description of the type of corrective action services including engineering, geology, or hydrogeology which was performed by the applicant and the physical address where the activity occurred; or (ii) a written explanation indicating good cause as determined by the executive director for not providing the sworn statements required in clause (i) of this subparagraph. For the purposes of this subsection, an applicant's experience under the supervision of a registered Corrective Action Project Manager may be sufficient documentation of quality of performance if the executive director determines that the applicant had substantial involvement in the decision-making process during the performance of the work. The written explanation shall include a detailed description of three case histories of corrective action services performed by the applicant during the previous 24 months; or (iii) other documentation of quality of performance which is determined by the executive director to be sufficient, pursuant to this section. (3) At the time of applying for registration as a Corrective Action Project Manager, the applicant shall qualify under either option in subparagraph (A) or (B) of this subsection: (A) two years of experience in corrective action services, as described in paragraph (2)(B)(i) of this this section, and evidence required by the executive director which documents that the applicant has passed a registration examination administered by the National Registry of Environmental Professionals (P.O. Box 2111, Glenview, Illinois 60025 (708) 724-6631) or other registration evaluated and accepted by the executive director, and: (i) a bachelor's degree which is technical in focus from an accredited college or university in a physical science, natural science, biological science, environmental science, engineering, applied geography, or in a subject directly relevant to the environmental field (For each degree relied upon, the applicant shall provide with the registration application an original official transcript from the college or university where the degree was taken.); or (ii) a current Texas registration as a Professional Engineer. Upon approval by the executive director, the registration examination may be waived for persons who hold current Texas registration as a Professional Engineer; (B) four years of experience in corrective action services, as described in paragraph (2)(B) (i) of this section, and evidence required by the executive director which documents the applicant has passed a registration examination administered by the National Registry of Environmental Professionals (P.O. Box 2111, Glenview, Illinois 60025 (708) 724-6631) or other registration examination evaluated and accepted by the executive director. (4) The applicant shall submit a notarized, completed application that contains a sworn statement from the applicant attesting to the accuracy of the information provided to the executive director. sec.334.458. Review and Issuance of Certificates of Registration. (a) An application for a certificate of registration for a Corrective Action Specialist is administratively complete when the executive director has received all the information required by sec.334.456 of this title (relating to Application for Certificate of Registration for Corrective Action Specialist). An application for a certificate of registration for a Corrective Action Project Manager is administratively complete when the executive director has received all the information required by sec.334.457 of this title (relating to Application for Certificate of Registration for Corrective Action Project Manager). (b) Upon receipt of an application, the executive director shall review the application for administrative completeness. If he determines that the application is not administratively complete, he shall inform the applicant in writing within 45 days of any deficiency and inform the applicant what additional information is required for processing. The applicant shall have 30 days from the date noted on the executive director's written comments to submit the requested additional information. If the executive director does not receive all of the information required within the 30 days prescribed, he shall cease his review and return the application to the applicant without prejudice. An applicant whose application has been returned under this subsection may reapply for a certificate of registration at any time. (c) The executive director shall issue the applicant a certificate of registration within 45 days if: (1) his application is administratively complete; and (2) the applicant meets the education and/or experience criteria required by sec.334.456 of this title (relating to Application for Certificate of Registration for Corrective Action Specialist) or sec.334.457 of this title (relating to Application for Certificate of Registration for Corrective Action Project Manager), as applicable. (d) A certificate of registration issued under this subchapter is not transferable, and must be renewed annually as prescribed in sec.334.460 of this title (relating to Renewal of Certificate of Registration for Corrective Action Specialist and Registration for Corrective Action Project Manager). sec.334.459. Continuing Education Requirements for Corrective Action Project Managers. (a) A person must complete a minimum of 16 hours of continuing education instruction in order to renew the registration each time it is due for renewal. In order to count towards the required 16 hours, each hour of instruction used must have been completed within the 12 months immediately preceding the date on which he submits an administratively complete application for renewal. A single continuing education course may not be used for more than one renewal. "Hours of instruction" as used in this section refers to actual time spent in instruction, rather that credits assigned to a course. (b) In order to be counted toward the continuing education requirement, each hour of instruction must be in: (1) environmental contamination assessment or remediation at an LPST site or other types of relevant sites; (2) handling, treatment, or recycling of contaminated media; (3) sampling techniques, accepted protocol, and quality assurance/quality control; (4) groundwater hydrogeology; (5) risk assessment applicable to corrective action for environmental contamination; or (6) any other subject which has application in the field of assessment and remediation of LPST site contamination. (c) The training and education courses prescribed in subsection (b) of this section shall be evaluated and accepted by the executive director and provided by educational institutions, governmental institutions, recognized professional organizations, or private businesses, including, but not limited to: (1) National Ground Water Association; (2) United States Environmental Protection Agency; or (3) other recognized professional organizations, or private businesses designated by the executive director as eligible for use toward the continuing education requirements of this section. (d) The training and educational courses may include instructional courses, seminars, workshops, and conferences. (e) Courses taken to fulfill Occupational Safety and Health Agency requirements will not count towards the 16 hours. (f) Corrective Action Project Managers shall submit to the executive director a certificate of completion for the training and education courses required by this section each year with the application for renewal of registration. The certificate of completion shall be dated and signed by the designated provider. sec.334.460. Renewal of Certificate of Registration for Corrective Action Specialist and Corrective Action Project Manager. (a) Each certificate of registration issued under this subchapter shall expire one year from the original date of issuance or one year from the last date of renewal. (b) The executive director shall notify each registered Corrective Action Specialist and Corrective Action Project Manager in writing of the impending registration expiration at least 60 days prior to the expiration of the certificate of registration. (c) The executive director shall provide application forms for renewal of Corrective Action Specialist and Corrective Action Project Manager registration. (d) An application for renewal of registration for a Corrective Action Specialist is administratively complete when the executive director has received all the information required by sec.334.456 of this title (relating to Application for Certificate of Registration for Corrective Action Specialist). An application for renewal of registration for a Corrective Action Project Manager is administratively complete when the executive director has received all the information required by sec.334.457 of this title (relating to Application for Certificate of Registration for Corrective Action Project Manager), and any information regarding continuing education for the applicant Corrective Action Project Manager as required under sec.334.459 of this title (relating to Continuing Education for Project Managers). If the applicant has already submitted all necessary information to the executive director in a previous administratively complete application, the information need not be duplicated by the applicant in order for the renewal application to be administratively complete provided that any information regarding financial assurance, continuing education, or any other information for previous applications is current to the date of the filing of the current renewal application in order for the application to be administratively complete. A properly completed application for renewal shall be submitted to the executive director 30 days prior to the expiration date. The renewal application must be accompanied by all information needed for the application to be administratively complete, including the required information regarding financial assurance, or any other information necessary for the executive director to complete the renewal process. (e) The executive director shall review, return, file or deny an application for renewal in the same manner as an original application for registration. (f) If an administratively complete application for renewal is submitted by the renewal applicant 30 days prior to the expiration date of the current registration, the current registration shall remain valid until the executive director issues the renewed certificate. If an administratively complete application for renewal is not filed at least 30 days prior to the expiration date of the current registration and the executive director has not processed the renewal application, the current registration shall expire on its original expiration date, but the registration may be renewed any time within one year of the expiration date. Corrective action services performed after expiration, but before renewal, shall be considered to have been performed without a proper registration under this subchapter. (g) If a Corrective Action Specialist does not apply for renewal of his registration within one year from the date his previous registration expires, he must submit all information required by sec.334.456 of this title (relating to Registration of Corrective Action Specialist). If a Corrective Action Project Manager does not apply for renewal of his registration within one year from the date his previous registration expires, he must submit all information required by sec.334.457 of this title (relating to Registration of Corrective Action Project Manager). (h) Upon proper completion of the certificate renewal process, the executive director shall issue a certificate of registration indicating the new expiration date. sec.334.461. Denial of Certificate of Registration. The executive director may deny a certificate of registration or request for renewal of certificate upon the following reasons, including, but not limited to: (1) when an applicant registering or renewing registration as a Corrective Action Specialist or Corrective Action Project Manager fails to timely and completely submit the information required by this subchapter for the registration or renewal he is seeking, the application may be denied without prejudice; (2) when the executive director determines that an applicant has submitted information which he knows or reasonably should have known to be false or deceptive, whether the information is on: (A) an application for registration or renewal submitted to the executive director under this subchapter; (B) an application for reimbursement submitted to the executive director under Subchapter H of this chapter (relating to Interim Reimbursement Program); (C) any report submitted to the executive director in the course of performing corrective action on an LPST site; or, (D) an affidavit to the executive director regarding Notice of Corrective Action under sec.334.455 of the title (relating to Notice to Owner or Operator). (3) when an applicant has performed, offered to perform, or supervised corrective action without possessing a valid certificate of registration pursuant to this subchapter; (4) when the applicant has performed, or has allowed to be performed, corrective action or disposed of soils, tank systems, wastes, or other materials generated by corrective action in a manner prohibited by applicable state, local, or federal laws; (5) when the applicant has not performed corrective action services in accordance with acceptable industry practices and standards; or, (6) for any other cause which in the opinion of the executive director constitutes reasonable grounds for denial. sec.334.462. Other Requirements. (a) All registered Corrective Action Specialists shall notify the executive director in writing within 30 days of any change which occurs during the validated year. Such changes shall include but are not limited to: (1) change of business name, address, telephone number; (2) change of physical address; (3) change in status of insurance; (4) change of business representative; (5) permanent cessation of corrective action business or corrective action activities; (6) a filing for reorganization or protection under federal bankruptcy laws; and (7) change in the number of branch offices conducting corrective action services in Texas, or change of branch office name, address, or telephone number. (b) A registered Corrective Action Specialist is required to maintain such financial responsibility required by sec.334.456(2)(D) of this title (relating to Application for Certificate of Registration for Corrective Action Specialist) throughout the period that such person performs activities which require registration as a Corrective Action Specialist under this subchapter. (c) A Corrective Action Project Manager is required to complete 16 hours of continuing education as provided by sec.334.459 of this title (relating to Continuing Education for Corrective Action Project Managers). (d) Compliance with the provisions of this subchapter by any person shall not relieve such person from the responsibility of compliance with all applicable regulations legally promulgated by the United States Environmental Protection Agency, United States Occupational Safety and Health Administration, United States Department of Transportation, Texas Air Control Board, Texas Department of Health, State Board of Insurance, General Land Office, Texas Commission on Fire Protection, the State Fire Marshal, Railroad Commission of Texas, Texas Department of Agriculture, State Comptroller, Texas Department of Public Safety, Texas Water Commission, and other federal, state, and local governmental agencies or entities having appropriate jurisdiction. sec.334.463. Grounds for Revocation or Suspension of Certificate of Registration. (a) The commission may revoke or suspend the certificate of registration of a Corrective Action Specialist for reasons including, but not limited to: (1) when a Corrective Action Specialist submits information to the executive director which he knows or reasonably should have known to be false or deceptive, whether the information is on: (A) an application for registration or renewal submitted to the executive director under this subchapter; or (B) an application for reimbursement submitted to the executive director under Subchapter H of this chapter (relating to Interim Reimbursement Program); (C) any report submitted to the executive director in the course of performing corrective action on an LPST site; or (D) an affidavit to the executive director regarding Notice of Corrective Action under sec.334.455 of the title (relating to Notice to Owner or Operator). (E) any other report or document filed with the Commission or any other governmental agency having applicable jurisdiction. (2) when a Corrective Action Specialist provides corrective action services covered by this subchapter without having the services supervised by a Corrective Action Project Manager duly registered under this subchapter; (3) when a Corrective Action Specialist or a person performing corrective action services under his supervision or coordination has performed corrective action or disposed of soils, tank systems, wastes, or other materials generated by corrective action in a manner prohibited by applicable state, local, or federal laws; or (4) when a the Corrective Action Specialist has failed to maintain commercial liability insurance required in sec.334.456(2)(D)(i) of this title (relating to Application for Certificate of Registration for Corrective Action Specialist); (5) when a Corrective Action Specialist or a person performing corrective action services under his supervision or coordination violates any requirement or prohibition of this subchapter; (6) for any other cause which in the opinion of the executive director or commission constitutes reasonable grounds for suspension or revocation. (b) The commission may revoke or suspend the certificate of registration of a Corrective Action Project Manager for reasons including, but not limited to: (1) when a Corrective Action Project Manager submits information to the executive director which he knows or reasonably should have known to be false or deceptive, whether the information is on: (A) an application for registration or renewal submitted to the executive director under this subchapter; or (B) an application for reimbursement submitted to the executive director under Subchapter H of this Chapter (relating to Interim Reimbursement Program); (C) any report submitted to the executive director in the course of performing corrective action on an LPST site; or (D) an affidavit to the executive director regarding Notice of Corrective Action under sec.334.455 of the title (relating to Notice to Owner or Operator). (E) any other report or document filed with the commission or any other governmental agency having applicable jurisdiction; (2) when a Corrective Action Project Manager or a person performing corrective action services under his supervision has performed corrective action or disposed of soils, tank systems, wastes, or other materials generated by corrective action in a manner prohibited by applicable state, local, or federal laws; or (3) when a Corrective Action Project Manager or a person performing corrective action services under his supervision or coordination violates any requirement or prohibition of this subchapter; (4) for any other cause which in the opinion of the commission constitutes reasonable grounds for suspension or revocation. sec.334.465. Procedures for Revocation or Suspension of a Certificate of Registration. (a) A proceeding to revoke or suspend a certification of registration for a Corrective Action Specialist or a Corrective Action Project Manager must be commenced by: (1) the executive director through the filing of a petition; or (2) the commission on its own motion. (b) If the executive director determines good cause exists to revoke or suspend a certificate of registration of a Corrective Action Specialist or a Corrective Action Project Manager, the executive director shall file a petition with the chief clerk and provide notice to the Corrective Action Specialist or Corrective Action Project Manager. To the extent possible, the procedure required to assess administrative penalties under Chapter 337 of this title (relating to Enforcement) shall be followed to revoke or suspend a certification of registration under this subchapter. (c) In response to a petition, or on its own motion to revoke or suspend a certificate of registration, the commission may: (1) suspend a certification of registration issued under this subchapter for any period it deems reasonable and necessary under the circumstances, but typically 90 days for a first suspension, six months for a second suspension, and permanent revocation for a third suspension; (2) place conditions on reinstatement of registration; and (3) issue any other orders permitted by law. (d) Revocation or suspension of a certificate of registration is cumulative of any other remedies available to the commission by law. sec.334.466. Reinstatement of a Certificate of Registration. (a) A certificate of registration which has not expired during the period that the holder of the certificate is under suspension shall be reinstated upon termination of the suspension period. The executive director shall notify the certificate holder of the registration's reinstatement at least ten days prior the expiration of the suspension period. (b) If the period of suspension exceeds the expiration date of the certificate of registration, the holder of the certificate must reapply for a new registration pursuant to the requirements of sec.334.456 of this title (relating to Application for Certificate of Registration as Corrective Action Specialist) or pursuant to the requirements of sec.334.457 of this title (relating to Application for Certificate of Registration as Corrective Action Project Manager). (c) The holder of a certificate that has been revoked by the commission must file a new application for registration under this subchapter. A Corrective Action Project Manager whose certificate of registration is revoked will be subject to the same continuing education requirements as a new registrant under sec.334.457 of this title (relating to Application for Certificate of Registration as Corrective Action Project Manager) at the time a new application is filed. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on April 30, 1993. TRD-9322367 Mary Ruth Holder Director, Legal Division Texas Water Commission Effective date: May 21, 1993 Proposal publication date: November 3, 1992 For further information, please call: (512) 463-8069 TITLE 40. SOCIAL SERVICES AND ASSISTANCE Part I. Texas Department of Human Services Chapter 25. Medical Assistance in State Institutions Trust Fund Money 40 TAC sec.sec.25.1-25.3 The Texas Department of Human Services (DHS) adopts the repeal of sec.sec.25. 1-25.3, sec.sec.25.21-25.22, sec. sec.25.31-25.36, sec.sec.25.51-25.65, sec.sec.25.81-25.87, and sec.sec.25.101-25.102, without changes to the proposed text as published in the March 26, 1993, issue of the Texas Register (18 TexReg 1919). This action repeals all of Chapter 25. The justification for the repeals is to delete unnecessary and obsolete rules from the Texas Administrative Code. The repeals will function by deleting obsolete rules. The department received no comments concerning the repeals. The repeals are adopted under the Human Resources Code, Title 2, Chapters 22 and 32, which provides the department with the authority to administer public and medical assistance programs and under Texas Civil Statutes, Article 4413 (502), sec.16, which provide the Health and Human Services Commission with the authority to administer federal medical assistance funds. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on April 29, 1993. TRD-9322286 Nancy Murphy Section Manager, Policy and Document Support Texas Department of Human Services Effective date: June 1, 1993 Proposal publication date: March 26, 1993 For further information, please call: (512) 450-3765 General Policies 40 TAC sec.25.21, sec.25.22 The repeals are adopted under the Human Resources Code, Title 2, Chapters 22 and 32, which authorizes the department to administer public and medical assistance programs and under Texas Civil Statutes, Article 4413 (502), sec.16, which provide the Health and Human Services Commission with the authority to administer federal medical assistance funds. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on April 29, 1993. TRD-9322287 Nancy Murphy Section Manager, Policy and Document Support Texas Department of Human Services Effective date: June 1, 1993 Proposal publication date: March 26, 1993 For further information, please call: (512) 450-3765 Eligibility 40 TAC sec.sec.25.31-25.36 The repeals are adopted under the Human Resources Code, Title 2, Chapters 22 and 32, which authorizes the department to administer public and medical assistance programs and under Texas Civil Statutes, Article 4413 (502), sec.16, which provide the Health and Human Services Commission with the authority to administer federal medical assistance funds. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on April 29, 1993. TRD-9322288 Nancy Murphy Section Manager, Policy and Document Support Texas Department of Human Services Effective date: June 1, 1993 Proposal publication date: March 26, 1993 For further information, please call: (512) 450-3765 Services Provided 40 TAC sec.sec.25.51-25.65 The repeals are adopted under the Human Resources Code, Title 2, Chapters 22 and 32, which authorizes the department to administer public and medical assistance programs and under Texas Civil Statutes, Article 4413 (502), sec.16, which provide the Health and Human Services Commission with the authority to administer federal medical assistance funds. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on April 29, 1993. TRD-9322289 Nancy Murphy Section Manager, Policy and Document Support Texas Department of Human Services Effective date: June 1, 1993 Proposal publication date: March 26, 1993 For further information, please call: (512) 450-3765 Medical Assistance and Money Payments for Patients 40 TAC sec.sec.25.81-25.87 The repeals are adopted under the Human Resources Code, Title 2, Chapters 22 and 32, which authorizes the department to administer public and medical assistance programs and under Texas Civil Statutes, Article 4413 (502), sec.16, which provide the Health and Human Services Commission with the authority to administer federal medical assistance funds. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on April 29, 1993. TRD-9322285 Nancy Murphy Section Manager, Policy and Document Support Texas Department of Human Services Effective date: June 1, 1993 Proposal publication date: March 26, 1993 For further information, please call: (512) 450-3765 Support Documents 40 TAC sec.25.101, sec.25.102 The repeals are adopted under the Human Resources Code, Title 2, Chapters 22 and 32, which authorizes the department to administer public and medical assistance programs and under Texas Civil Statutes, Article 4413 (502), sec.16, which provide the Health and Human Services Commission with the authority to administer federal medical assistance funds. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on April 29, 1993. TRD-9322284 Nancy Murphy Section Manager, Policy and Document Support Texas Department of Human Services Effective date: June 1, 1993 Proposal publication date: March 26, 1993 For further information, please call: (512) 450-3765 TITLE 43. TRANSPORTATION Part I. Texas Department of Transportation Chapter 17. Division of Motor Vehicle Titles and Registration Registration and Title System 43 TAC sec.17.54 The Texas Department of Transportation adopts an amendment to sec.17.54, without changes to the proposed text as published in the February 5, 1993, issue of the Texas Register (18 TexReg 739). The department has determined that under applicable laws which statutorily designate the county tax assessor-collectors as agents of the department for processing registration and title documents, the department would look first to those statutory agents with regard to matters concerning any issues relating to the registration and title functions prescribed by law that are performed in the county tax assessor-collector's offices. The amendment deletes the requirement that a county designate a liaison with the department specifically for the matters concerning the use and operation of the automated equipment that will be provided to the county tax assessor- collectors when the department implements the new vehicle registration and title system (RTS). No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Articles 6666, 6687-1, and 6675a-1, et seq, which provide the Texas Transportation Commission with the authority to establish rules for the conduct of the work of the Texas Department of Transportation, and for the orderly administration of statutory provisions relating to vehicle registration and certificates of titles. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on April 30, 1993. TRD-9322345 Diane L. Northam Legal Administrative Assistant Texas Department of Transportation Effective date: May 21, 1993 Proposal publication date: February 5, 1993 For further information, please call: (512) 463-8630