ADOPTED RULES 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 7. BANKING AND SECURITIES Part VI. Credit Union Department Chapter 97. Commission Policies and Administrative Rules General Provisions 7 TAC sec.97.102 The Credit Union Commission adopts new sec.97.102, concerning the delegation of duties of the Commissioner, without changes to the proposed text as published in the March 3, 1995, issue of the Texas Register (20 TexReg 1481). The rule grants authorization to the Commissioner to draft, sign, and process final adoption orders and other related documents to facilitate the rule making process. No comments were received regarding adoption of the new section. The new section is adopted under the provisions of Texas Civil Statutes, Article 2461-11.07, which provide the Credit Union Commission with the authority to adopt reasonable rules necessary for the administration of the Texas Credit Union 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 10, 1995. TRD-9504589 Robert W. Rogers Commissioner Credit Union Department Effective date: May 4, 1995 Proposal publication date: March 3, 1995 For further information, please call: (512) 837-9236 TITLE 22. EXAMINING BOARDS Part XXIII. Texas Real Estate Commission Chapter 535. Provisions of the Real Estate License Act Requirements for Licensure 22 TAC sec.535.61, sec.535.66 The Texas Real Estate Commission adopts amendments to sec.535.61, concerning examinations and acceptance of courses, and to sec.535.66, concerning accreditation of educational programs, with changes to the proposed text as published in the February 17, 1995, issue of the Texas Register (20 TexReg 1057). The amendments are adopted as part of a general revision of the agency's rules concerning education providers and the courses taken by real estate licensees and applicants for licensure. The amendment to sec.535.61 clarifies the requirements for acceptance of courses offered by colleges and universities by requiring attendance or makeups for the hours of instruction for which credit has been awarded. Restrictions on the use of certain facilities controlled by, or identified with, real estate brokerage offices or franchise organizations were eliminated, although. A number of commenters opposed the elimination of the restriction, arguing that it would inappropriately permit the offering of courses in a brokerage office. The commission determined that the section still prohibited use of a broker's office or franchise organization as a classroom setting and declined to make the requested modification in the final adoption of the amendment. Other commenters urged the commission not to accept core real estate courses completed more than ten years ago regardless of whether the applicant had completed the courses as part of a four-year, or higher, degree with a concentration in real estate. The commission concurred with this suggestion and adopted the amendment without an exception for courses taken as part of a degree plan. On the suggestion of commission staff, a provision was added to sec.535.61 to clarify that the ten year period is measured from the date the course is completed to the date of the transcript evaluation by the commission; courses which are accepted as being within the ten-year period may be submitted by an applicant for one year following the evaluation. There were no comments received either in support of or in opposition to the proposed acceptance of courses offered by alternative delivery systems such as computers. The commission did not adopt provisions permitting acceptance of the courses because an advisory committee formed to study the subject had not had an opportunity to meet. As adopted, sec.535.61 does not permit acceptance of courses offered by alternative delivery systems prior to the development of guidelines for the acceptance of such courses. The amendment to sec.535.66 generally rearranges the section so that related provisions may be found more readily. Application forms and the accreditation process for schools offering real estate courses were modified to more closely track the provisions for approval of mandatory continuing education (MCE) providers. Course instructors will be required to teach the course in the manner contemplated in the instructor's manual submitted to the commission for the course. At least three instructional strategies other than lecture will be required for each course. Restrictions in the section on the use of facilities controlled by or identified with real estate brokerages or franchise organizations were removed as unnecessary; the section continues to prohibit using a broker's office or the office of a franchise organization as a classroom. Guest instructors may not be used for more than three hours in a course, and the requirements for instructor approval will be the same as for instructors of MCE courses. A number of commenters opposed the provision which would generally have permitted schools to rent course materials such as textbooks to the students, arguing that the practice of renting materials tends to make the students treat the subject matter as having little value and of no application to the real estate business. The commission determined that the provision should not be adopted as proposed and modified the section to require schools to provide students with copies for the students' permanent use of printed materials used as a basis for a significant portion of the course. As modified, the section would permit the school to repurchase the materials at the end of the course at the choice of the individual student. The amendment to sec.535.66 also clarifies examination, attendance and advertising requirements for schools accredited by the commission. Provisions relating to audits, complaints and disciplinary action against schools were added to make the section more consistent with those for MCE providers. A number of nonsubstantive changes were made to make the section easier to read. Because the commission has not yet adopted proposed guidelines for the acceptance of courses offered by alternative delivery systems such as computers, the section as finally adopted does not permit the commission to approve such courses until specific guidelines have been adopted. The amendments are adopted under Texas Civil Statutes, Article 6573a, sec.5(h), which provide the Texas Real Estate Commission with the authority to make and enforce all rules and regulations necessary for the performance of its duties. sec.535.61. Examinations and Acceptance of Courses. (a)-(o) (No change.) (p) Educational programs or courses of study in real estate offered after the effective date of this section by schools accredited by the commission or by accredited colleges and universities, as defined by these sections, shall be accepted as meeting the requirements of the Act for the successful completion of educational prerequisites for licensure upon a determination by the commission that: (1) (No change.) (2) for a program or course offered by a college or university, the applicant has received in a classroom presentation the hours of instruction for which credit has been given, or has satisfactorily completed makeup, in the manner provided by sec.535.66 of this title (relating to Educational Programs: Accreditation) and qualification on a final course examination or other form of final evaluation was a requirement for successful completion of the course; (3) for a program or course offered by an institution other than a college or university, the applicant has received in a classroom presentation the hours of instruction required by applicable commission rules, provided, however, that the program or course was not presented in the offices of a real estate brokerage firm or franchise organization; (4) the program or course was presented at the regular campus facilities of the school, college or university or if the program or course was presented at a location other than regular campus facilities, the program or course was not presented in the offices of a real estate brokerage firm or franchise organization, and the program or course was a scheduled and publicized course open to enrollment by the general public; (5) (No change.) (q) (No change.) (r) The commission shall evaluate credits or documents from credit or non- credit courses of instruction completed at accredited colleges, universities, and other institutions, from commission-approved courses of study offered by schools accredited by the commission and from commission-approved courses of study offered by professional trade organizations and associations. For the purpose of this section, accredited colleges and universities means those junior/community colleges, senior colleges, and universities; and any other postsecondary educational institution established by the Texas Legislature, which are accredited by the Commission on Colleges of the Southern Association of Colleges and Schools or like commissions of other regional accrediting associations, or are candidates for such accreditation. (s)-(z) (No change.) (aa) The commission may not accept more than one course with the same course title and level or same course content and level completed within three years of each other, unless there have been significant changes in the subject matter, such as the promulgation of new contract forms, major law revisions, and major changes in real estate financing. The commission may not accept a core real estate course completed more than ten years prior to the date of the applicant's transcript evaluation. If the commission has evaluated the education of a potential applicant, courses acceptable at the time of the evaluation will not be rejected under this subsection for a period of one year after the date of the evaluation. (bb)-(dd) (No change.) (ee) Experiential learning credits or credits obtained only by final course examination may not be accepted by the commission for licensure. Credits obtained from alternative delivery methods may not be accepted by the commission prior to the adoption of specific guidelines for such courses. (ff) (No change.) sec.535.66. Educational Programs: Accreditation. (a) A person desiring to offer educational programs or courses of study under approval of the Texas Real Estate Commission pursuant to Texas Civil Statutes, Article 6573a (the Act), sec.7(f), shall file an application on forms adopted by the commission accompanied by the fee prescribed pursuant to sec.11(9) of the Act. (b) The Texas Real Estate Commission adopts by reference the following forms approved by the commission in 1995. These documents are published by and available from the Texas Real Estate Commission, P.O. Box 12188, Austin, Texas 78711-2188. (1) Form SCH 1-0, Proprietary School Application; (2) Form SCH 2-0, Principal Information Form; (3) Form SCH 3-0, Course Application; (4) Form SCH 3A-0, Course Application Supplement; (5) Form SCH 4-0, Instructor Application; (6) Form SCH 4A-0, Instructor Application Supplement; and (7) Form SCH 5-0, Real Estate School Bond. (c) (No change.) (d) The commission may request additional information from an applicant which the commission deems to be relevant and material to the consideration of an application. (e) The commission shall notify the applicant in writing of the approval or disapproval of the application. The notice will be sent by certified mail to the address provided by the applicant in the application. If the application is disapproved, the notice shall contain the reason for the decision. (f) An applicant may appeal a disapproval by filing with the commission a written request for a hearing within ten days after the receipt of the notice of disapproval. Following the hearing, the commission may sustain or withdraw the disapproval or establish conditions for the approval of a provider, course or instructor. Proceedings involving applications will be conducted in accordance with the Administrative Procedure Act, Title 10, Government Code, Chapter 2001. Venue for any hearing conducted under this section shall be in Travis County. (g) (No change.) (h) No school may be accredited or operate under commission approval for the sole purpose of offering courses of instruction designed to prepare its students for the state examination for any license issued by the commission. Schools approved by the commission may offer examination preparation courses on a non- credit basis. Before being presented, any such courses must be submitted to and approved by the commission in the same manner as courses accepted for licensure requirements. (i) All commission-accredited schools must be open to the public, and may not offer courses of instruction to businesses or organizations with a closed membership, unless such courses are publicly advertised in such a manner as to encourage an open enrollment. Courses may not be held in the offices of brokerage firms or real estate franchise organizations. (j) Directors of commission-accredited programs are responsible to the commission for the conduct and administration of each course presentation, and are responsible for punctuality of classroom sessions, student attendance records, instructor performance and attendance, examination administration, proper student certification, and certification of records. Instructors must teach a course in substantially the same manner represented to the commission in the instructor's manual or other documents filed with the application for course approval. Directors or their staff shall establish business hours during which they shall be available for public inquiry and assistance. (k) Schools accredited by the commission shall select each instructor on the basis of expertise in the subject area of instruction and ability as an instructor. Except as provided by this section, schools may not utilize instructors who have not been approved by the commission. Schools shall require specialized training or work experience for instructors for specialized subjects such as law, appraisal, investments, or taxation. Guest speakers or other persons who have not been approved as instructors by the commission may not be used for more than three hours of instruction in a course. (l) Schools shall provide instructor evaluation forms for completion by students in every class and establish procedures for instructional review. Student instructor evaluation reports must be tabulated and summarized by the school's director, and any comments by the school's management relevant to such reports must be filed in the school records. On demand by the commission the school shall produce student instructor evaluation forms for inspection. (m) Instructors who are deemed inadequate by the school's administration or who do not satisfy the school's standards of quality may not be used as instructors by the school. The school shall report to the commission the identity of any instructor no longer being used. (n) The application for original commission approval of an instructor must be filed on forms adopted by the commission. Requests that teaching assignments of previously-approved instructors be extended by the school must be made by letter to the commission. The commission may disapprove an application for approval of an instructor for the same reasons as it may disapprove applications for real estate licensure and may withdraw approval for the same reasons as it may suspend or revoke real estate licenses. Appeals from application disapprovals will be conducted in the manner required by the Act, sec.10. Proceedings for the withdrawal of instructor approval will be conducted in the manner required by the Act, sec.17. Each person approved as an instructor must meet the following requirements: (1) a college degree in the subject area or five years professional experience in the subject area; and (2) three years experience in teaching or training; or (3) the equivalent of paragraphs (1) and (2) of this subsection as determined by the commission after due consideration of the applicant's professional experience, research, authorship or other significant endeavors in the subject area. (o) Core real estate courses prescribed by the Act, sec.7(a) and other standard courses of instruction for licensure credit offered by schools accredited by the commission must be presented in no less than 30 classroom hours of instruction. Courses must be advertised and scheduled for the full clock hours of time for which credit is awarded. (p) Core real estate courses must include, but are not limited to, the statutory subject areas as found in the Act, sec.7(a). All statutory subject areas must be specifically listed in each core course submitted for approval. An applicant shall submit Form SCH 3-0, the first time approval is sought to offer a course. Once a course has been approved, no further approval is required for another approved provider to offer the same course. Prior to advertising or offering the course, however, the subsequent provider shall complete Form SCH 3A-0, file the form with the commission and receive written or oral acknowledgment from the commission that all necessary documentation has been filed. Providers shall submit an instructor's manual for each proposed course. The commission may require a copy of the previously approved instructor's manual to be submitted for each previously approved course the provider intends to offer. Subsequent providers shall offer the course as originally approved or as revised with the approval of the commission and shall use all materials required in the original or revised course. The commission adopts by reference "Guidelines for Developing an Instructor's Manual for a Proprietary School Course" approved by the commission in 1995; this form is published by and available from the Texas Real Estate Commission, P.O. Box 12188, Austin, Texas 78711-2188. Each manual must contain the following: (1) course description; (2) learning objectives; (3) evaluation techniques; (4) outline of the subject matter; (5) instructional strategies in addition to lecture (at least three for each course); (6) course participant handouts; and (7) bibliography or source of updated subject matter. (q) Each course of instruction must utilize examinations approved by the commission as a component of measurement for determination of successful completion of a course of study. In the event of failure of a course final examination, no re-examination is authorized unless the student has repeated the entire course. If a school permits a student to complete the final course examination prior to completing all makeup time to satisfy attendance requirements, the school shall require the student to sign a statement acknowledging the student's awareness of the requirement that should the student fail the final examination the student will be required to repeat the entire course before testing again for credit for the course. If a school permits a student who cannot complete the final course examination at the originally scheduled time to arrange for a makeup examination, the procedure for taking a makeup examination, any time limit on makeup exams, and any added fee the school may charge for this process must be disclosed in the enrollment agreement the student signs prior to the start of the class. Makeup final examinations must be completed within 90 days of the termination of the original class or the student must be considered dropped from the class with no credit. (r) The weight of examinations as the determination of successful completion of a course, and the criteria for passing of examinations, may be developed by each school based on each school's educational concepts. The commission may, however, direct alterations in examination procedures, criteria for passing, and administration. Each school shall furnish the commission with copies of its examinations with each new course submitted for approval and at any time subsequent changes are made to previously approved examinations. Schools shall revise final course examinations for active courses at least annually, and shall furnish the commission copies of all revisions. Each of the subjects required by statute for each core course must be covered in the exam of that course. An examination proctor, either school staff or faculty, must be present with the class during all regularly scheduled final course examinations. (s) Each accredited school shall notify the commission in writing of the texts used in any approved course of instruction. The commission may direct that the school withdraw texts. (t) The school shall provide each student with copies for the students' permanent use of any printed material which is the basis for a significant portion of the course. Ample space must be provided on handouts for notetaking or completion of any written exercises. (u) Schools may give one hour of credit for 50 clock minutes of actual classroom session time. Schools may allow a ten minute break for every 50 minutes of classroom session time, but a break must be given at least every two hours, using all accumulated break time. (v) Intermediate courses and advanced courses may be developed by schools accredited by the commission and submitted to the commission for approval. (w) A school that is planning the development of a complete program of study should base its program on the core real estate courses as prescribed in the Act, sec.7(a). Additional courses may be developed in subjects such as construction; ethics; taxation; office management; advertising; earnest money contracts; exchanging; real estate counseling; syndication; condominium conversions; farm and land brokerage; and other subjects approved by the commission. (x) Each accredited school shall maintain a separate fixed office in the State of Texas. The office must be large enough for maintenance of all records, office equipment, files, telephone equipment, and office space for customer service. (y) Classroom facilities and changes in classroom facilities are subject to the approval of the commission. (z) Schools may not use classroom facilities at a trade or proprietary school not accredited by the commission unless prior approval is obtained from the commission. (aa) As a part of routine audits of courses conducted by commission employees, reports will be filed concerning the adequacy of classroom facilities, and the commission may direct that the use of a facility be discontinued. (bb) Prior to the adoption of specific guidelines by the commission schools may not offer courses using alternative delivery systems, such as computers. (cc) Printed bulletins or other promotional information must be specific with respect to the purpose of each course of instruction, curricula, classroom hours (or other units), content of the course, tuition, and criteria for successful completion of the course. All advertising and promotional materials must contain the school name. No promotional activities of any school accredited by the commission may state or imply that the school's program of instruction is the sole vehicle by which the educational requirements for licensing can be attained, nor may any promotional activity state or imply that individuals should refrain from or not seek evaluation of previous educational experience by the commission as a basis for meeting educational requirements for licensing. (dd) A school may not promote educational programs in such a manner as to convey a false impression of the school's size, importance, location, equipment, or facilities. (ee) A school may not promote itself in such a manner as to state or imply that the school's programs excel any other course of instruction. (ff) A school may not promote itself in such a manner as to state or imply that its students will achieve earning potential as a result of participation in the school's educational program. Except as provided by this section, no school may promote itself directly or indirectly as a job placement agency. A school participating in a job retraining program recognized by federal, state, or local government may, however, provide job placement services to the extent the services are required by the program and may advertise its participation in the program. Schools are responsible to the commission for ensuring that instructors or other persons associated with the school do not recruit or solicit prospective salesmen on the school premises. (gg) The commission may require a school to furnish proof of any of its advertising claims and, if cause is shown for retraction of a claim, may require the school to publish the retraction in the same manner as the advertising claim was published. (hh) If a school charges fees for supplies, material, or books needed in course work, the fees must be itemized in a written statement provided to each student by the school. Any written advertisement by the school which contains a fee charged by the school must display all fees for the course in the same place in the advertisement and with the same degree of prominence. (ii) Tuition fees must be stated in an agreement signed by the school and the student. The agreement must contain the school's policy regarding the return of fees when a student is dismissed or withdraws voluntarily. The school shall inform the commission when a student requests a refund because of a withdrawal due to the student's dissatisfaction with the quality of the course. (jj) Each school shall notify the commission in writing of the school's tuition refund policy. The commission may direct changes to achieve an equitable refund policy. (kk) Within ten days following the completion of a course, each school shall provide the commission with a class roster in a format approved by the commission. The listing of students must be numbered and in alphabetical order, and must show after each student's name the final grade of either passed, failed, incomplete, or dropped, in language or symbols that can be correlated with these categories. Any other grade must be explained concisely but clearly. (1) Passed must be limited to those students who attended all of the scheduled classes or completed acceptable makeup and who successfully passed the final course examination based on passing standards approved by the commission. (2) Failed must be limited to those students who had acceptable classroom attendance but failed the final course examination. (3) Incomplete must be limited to those students who met the attendance requirements, but did not take the final course examination; those who attended at least two/thirds of the scheduled course hours and took the final course examination but did not complete acceptable makeup; or those who attended at least two/thirds of the scheduled course hours, but did not complete acceptable makeup and did not take the final course examination. If a student is reported incomplete and later completes acceptable makeup and/or the final examination, a supplemental report must be provided to the commission using the same format and course data as the original class report, giving the student's name and final grade report. A separate supplemental report must be furnished for each individual class, but more than one student may be on the report if all were in the same original class. (4) Dropped must be limited to those students who missed more than two/thirds of the scheduled class in which originally enrolled; those who voluntarily terminated their enrollment; or those whose enrollment was terminated for cause by a school director. (ll) Each school shall issue to the students successfully completing a course of instruction an official certificate which reflects the school's name, branch, course title, course numbers, and the number of classroom hours (or other recognized educational unit) involved in the course. All core course certificates must show the statutory core course title or other identification as prescribed by the commission. Certificates also must show the date of issuance and be signed by an official of the school, or if the certificate is computer printed, the school logo may be substituted for the signature. Originals or copies of the certificates may be presented to the commission as evidence of successful completion of the course of instruction. Letters or other official communications also may be provided to students for submission to the commission as evidence of satisfactory completion of the course. Such letters must fully reflect the school name, the course title and number, educational units, and be dated and signed by an official of the school, or if the letter is computer printed, the school logo may be substituted for the signature. Each school shall maintain adequate security for completion certificates and letters. Compliance with this requirement will be determined by the commission during all school audits. A school may withhold a student's certificate of completion of a course until the student has fulfilled his financial obligation to the school. (mm) Each accredited school shall maintain records of each student enrolled in any course for a minimum of five years. The full class file and student enrollment agreements must be retained for at least 12 months following completion of the class. In the event that a school should cease operation for any reason, the school shall be responsible for maintaining the records or providing a custodian for the records acceptable to the commission. In no circumstances will the commission take custody of the records. Record custodians must be notaries who will make copies of course completion certificates available to the students at the fee in effect for duplicate transcripts at the time the school ceased operation. (nn) Each school accredited by the commission shall maintain financial records sufficient to reflect at any time the financial condition of the school. A school's financial statement and balance sheets must be available for audit by commission personnel, and the commission may require presentation of financial statements or other financial records. (oo) The commission may place on probation, suspend operation, or withdraw the accreditation of a school should it be determined that the school's financial condition is insufficient for continuing operation. (pp) A student who attends at least two-thirds of a scheduled course may complete makeup work to complete attendance requirements. Acceptable makeup procedures are the attendance in the corresponding class sessions in a subsequent offering of the same course; the supervised presentation by audio or video tape of the class sessions actually missed; or specific reading of textbook material on the missed subject(s) and a substantial written report on those subjects. Records of all makeup and any required written work must be made a part of the class file to be retained for 12 months. All class makeup sessions must be completed within 90 days of the completion of the original course or the student must be considered dropped with no credit for the course. Makeup procedure must be subject to the approval of a school staff member. A student attending less than two-thirds of the originally scheduled course must automatically be dropped from the course without credit and reported as dropped. Dropped status may not be changed by makeup sessions, and any hours accumulated may not be transferred to any other course. Schools may develop policies to retain an administrative fee up to $25 and to prorate the balance of tuition fees based on the hours of classroom attendance. Attendance requirements, acceptable makeup procedures, fees that may be charged for makeup sessions, time limits for makeup sessions, and the refund policy of the school shall be clearly specified in the course enrollment agreement signed by the student prior to the start of the class. (qq) Any commission-approved course of instruction is subject to audit by personnel authorized by the commission. Audits will be conducted without prior notice to the school, and commission employees may enroll and attend a course without identifying themselves as employees of the commission. Commission employees also may evaluate the effectiveness of course materials or instructors through surveys of students. An audit report indicating noncompliance with these sections will be treated as a written complaint against the school or instructor concerned and will be referred to the enforcement division of the commission for appropriate resolution. Commission employees may file written complaints against providers or instructors if course completion rosters or other documents filed with the commission provide reasonable cause to believe a violation of these sections has occurred. (rr) Each accredited school shall pay the fee prescribed by the Act, sec.11(10) and by sec.535.101 of this title (relating to Fees) no later than December 31 of each year. Prior to December 31 of each year, the commission shall send a written notice to each school to pay the fee, but the school's obligation to pay the fee is not affected by any failure to receive the notice. (ss) Complaints, investigations, and hearings involving schools accredited by the commission shall be governed or conducted in the manner required by the provisions of sec.535.73 of this title (relating to Compliance and Enforcement). The commission may reprimand, place on probation or suspend or withdraw accreditation of a school or course offered by a school or other person approved to offer courses when it has been determined that the school or person has been guilty of: (1) procuring or attempting to procure approval for a school, course or instructor by fraud, misrepresentation or deceit, or by making a material misrepresentation of fact in an application filed with the commission; (2) making a false representation to the commission, either intentionally or negligently, that a person had attended a course or a portion of a course for which credit was awarded, that a person had completed an examination, or that the person had completed any other requirement for course credit; (3) aiding or abetting a person to circumvent the requirements for attendance established by these sections, the completion of any examination, or any other requirement for course credit; (4) failing to provide within 15 days information requested by the commission as a result of a complaint which would indicate a violation of these sections; (5) making a materially false statement to the commission in response to a request from the commission for information relating to a complaint against the school or instructor; or (6) disregarding or violating a provision of these sections or of 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 13, 1995. TRD-9504630 Mark A. Moseley General Counsel Texas Real Estate Commission Effective date: May 4, 1995 Proposal publication date: February 17, 1995 For further information, please call: (512) 465-3900 Mandatory Continuing Education 22 TAC sec.sec.535.71-535.73 The Texas Real Estate Commission adopts amendments to sec. sec.535.71-535.73, concerning mandatory continuing education (MCE) for real estate licensees. The amendment to sec.535.71 is adopted with changes to the proposed text as published in the February 14, 1995, issue of the Texas Register (20 TexReg 1005). The amendments to sec.535.72 and sec.535.73 are adopted without changes to the proposed text and will not be republished. The amendments are part of a general revision of the agency's rules governing educational providers and courses taken by real estate licensees and applicants for licensure. The amendment to sec.535.71 adopts a revised reporting form which may ultimately be used by students who complete MCE requirements with courses offered by alternative delivery systems such as computers. Because an advisory committee appointed by the commission to assist it in the development of guidelines for the acceptance of such courses did not have an opportunity to meet prior to the adoption of the amendment, the commission determined that it should adopt the amendment at this time without the proposed guidelines for approval of courses offered by alternative delivery systems. The commission will again consider a possible amendment to this section to address the approval of courses offered by alternative delivery systems once it has received the report of the advisory committee. The amendment to sec.535.71 also clarifies that independent contractors who are to conduct or administer MCE courses must meet the same standards as the MCE provider named in the application with regard to the person's ability to administer the course with honesty, trustworthiness and integrity. Each course must have instructional strategies other than lecture; at least three strategies are required for a three hour course, and at least four are required for 15 hours of instruction. As originally proposed, the amendment to sec.535.71 would have eliminated a requirement for the provider to furnish students with copies for the student's permanent use of any written material which is the basis for a significant portion of the course. After considering the objections to that proposal from a number of commenters, the commission determined that it was appropriate to require the provider to continue to furnish copies of written course materials to students. Students who do not wish to retain the materials may be able to resell the materials to the provider. The amendment to sec.535.72 clarifies attendance, break, and advertising requirements for MCE providers. These requirements are now generally consistent with those for core real estate courses offered by schools accredited by the commission. The amendment to sec.535.73 clarifies the authority of commission employees with regard to use of surveys of students to verify the effectiveness of course materials or instructors, filing of complaints based on documents filed by the provider with the commission, and disciplinary action related to misrepresentation about, or circumvention of, MCE requirements. No comments were received regarding adoption of sec.535.72 and sec.535.73. The amendments are adopted under Texas Civil Statutes, Article 6573a, sec.5(h), which provide the Texas Real Estate Commission with the authority to make and enforce all rules and regulations necessary for the performance of its duties. sec.535.71. Mandatory Continuing Education: Approval of Providers, Courses and Instructors. (a)-(b) (No change.) (c) The commission adopts by reference the following forms published and available from the commission, P.O. Box 12188, Austin, Texas 78711-2188: (1)-(10) (No change.) (11) MCE Form 9-3, Alternative Instructional Methods Reporting Form; (12)-(14) (No change.) (d) To be approved as an MCE provider, a person must satisfy the commission as to the person's ability to administer with honesty, trustworthiness and integrity a course of continuing education in MCE subjects approved by the commission. If the person proposes to employ independent contractors to conduct or to administer the courses, any independent contractor named in the application must meet this standard as if the independent contractor were the applicant. (e) To be approved to offer a classroom course for MCE credit, the provider must satisfy the commission that the course subject matter is appropriate for a continuing education course for real estate licensees and that the information provided in the course will be current and accurate. (1) A provider applicant shall submit an MCE Form 3A-1, MCE Course Application, the first time approval is sought to offer an MCE course. Once a course has been approved, no further approval is required for another approved provider to offer the same course. Prior to advertising or offering the course, however, the subsequent provider shall complete MCE Form 3B-2, file the form with the commission and receive written or oral acknowledgment from the commission that all necessary documentation has been filed. Providers shall submit an instructor's manual for each proposed course. The commission may require a copy of the previously approved instructor's manual to be submitted for each previously approved course the provider intends to offer. Subsequent providers shall offer the course as originally approved or as revised with the approval of the commission and shall use all materials required in the original or revised course. The commission will publish guidelines to aid providers in the development of instructor manuals. Each manual must contain the following: (A)-(D) (No change.) (E) instructional strategies in addition to lecture (at least one for a three hour course and at least three for 15 hours of instruction); (F)-(G) (No change.) (2) (No change.) (f) To be approved as an instructor of any MCE course, a person must satisfy the commission as to the person's competency in the subject matter to be taught and ability to teach effectively. An instructor applicant shall submit through the proposed provider an MCE Form 4A-2, MCE Instructor Application, the first time approval is sought to teach an MCE course. For subsequent approval to teach a different course, an MCE Form 4B-2, MCE Instructor Application Supplement, must be submitted. Once an instructor has been approved to teach a course, no further approval is required for the instructor to teach the same course for another provider, although the subsequent provider must complete MCE Form 4B-2 and file the form with the commission prior to using the instructor in the course. An instructor previously approved to teach a course may teach another course without submitting an additional instructor application if the second course is a subpart of the original course. Instructor approvals may be requested by listing the instructors' names on page 3 of MCE Form 3A-1, Course Application, or on Form 3B-2, Course Application Supplement. (1)-(2) (No change.) (g)-(l) (No change.) (m) Providers must furnish students with copies for the students' permanent use of any printed material which is the basis for a significant portion of the course. Ample space must be provided on handouts for notetaking or completion of any written exercises. If a provider charges fees for supplies, materials, or books needed in course work, the fees must be itemized in a written statement provided to each student by the provider. (n)-(o) (No change.) (p) The commission may approve a provider to offer an MCE course by correspondence subject to the following conditions: (1) the course must be offered by an accredited college or university as defined in sec.535.61 of this title (relating to Examinations and Acceptance of Courses) which offers correspondence courses, whether credit or noncredit, in other disciplines; (2)-(5) (No change. ) (q) (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 13, 1995. TRD-9504631 Mark A. Moseley General Counsel Texas Real Estate Commission Effective date: May 4, 1995 Proposal publication date: February 14, 1995 For further information, please call: (512) 465-3900 TITLE 40. SOCIAL SERVICES AND ASSISTANCE Part IX. Texas Department on Aging Chapter 251. Support Documents 40 TAC sec.sec.251.6, 251.7, 251.10, 251.12 The Texas Department on Aging adopts the repeal of sec. sec.251.6, 251.7, 251.10, and 251.12, concerning reporting systems, carryover policy and memorandums of agreement with various state agencies, without changes to the proposed text as published in the February 17, 1995, issue of the Texas Register (20 TexReg 1128). These sections are no longer applicable to the operations of the Department. No comments were received regarding the adoption of these repeals. The repeals are adopted under the Human Resources Code, Chapter 101, which provides the Texas Department on Aging with the authority to promulgate rules governing the operation of the Department. The Human Resources Code, Chapter 101, is affected by these repeals. 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 authority. Issued in Austin, Texas, on April 14, 1995. TRD-9504646 Mary Sapp Executive Director Texas Department on Aging Effective date: May 5, 1995 Proposal publication date: February 17, 1995 For further information, please call: (512) 444-2727 Chapter 254. Operation of the Texas Department on Aging 40 TAC sec.254.7 The Texas Department on Aging adopts an amendment to sec.254.7, relating to the operation of the Citizens Advisory Council of the Texas Department on Aging, without changes to the proposed text as published in the February 17, 1995, issue of the Texas Register (20 TexReg 1128). This amendment revised the procedure for selection of members and the length of time each member shall sit on the advisory council. No comments were received regarding adoption of this amendment. The amendment is adopted under the Human Resources Code, Chapter 101, which provides the Texas Department on Aging with the authority to promulgate rules governing the operation of the Department. The Human Resources Code, Chapter 101, relating to the operation of the Texas Department on Aging, is affected by this amendment. 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 authority. Issued in Austin, Texas, on April 14, 1995. TRD-9504647 Mary Sapp Executive Director Texas Department on Aging Effective date: May 5, 1995 Proposal publication date: February 17, 1995 For further information, please call: (512) 444-2727 40 TAC sec.254.22 The Texas Department on Aging adopts new sec.254.22, relating to public hearing policies of the Texas Department on Aging, without changes to the proposed text as published in the February 17, 1995, issue of the Texas Register (20 TexReg 1128). The rule relocates previous rules to a new section of the Texas Administrative Code and clarifies language and procedures by which the Department meets the responsibilities established by Federal and State requirements. No comments were received regarding adoption of this rule. The new section is adopted under the Human Resources Code, Chapter 101, which provides the Texas Department on Aging with the authority to promulgate rules governing the operation of the Department. The Human Resources Code, Chapter 101, relating to the operation of the Texas Department on Aging, is affected by this new section. 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 authority. Issued in Austin, Texas, on April 14, 1995. TRD-9504648 Mary Sapp Executive Director Texas Department on Aging Effective date: May 5, 1995 Proposal publication date: February 17, 1995 For further information, please call: (512) 444-2727 Chapter 260. Area Agency on Aging Administrative Requirements 40 TAC sec.260.14 The Texas Department on Aging adopts new sec.260.14, relating to corporate elder care policies to be followed by Area Agencies on Aging when providing this service, without changes to the proposed text as published in the February 17, 1995, issue of the Texas Register (20 TexReg 1129). This rule was renumbered and relocated to conform to the revised scheme developed for publication of Department rules in the Texas Administrative Code. No comments were received regarding adoption of this rule. The rule is adopted under the Human Resources Code, Chapter 101, which provides the Texas Department on Aging with the authority to promulgate rules governing the operation of the Department. The Human Resources Code, Chapter 101, is affected by this new section. 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 authority. Issued in Austin, Texas, on April 14, 1995. TRD-9504649 Mary Sapp Executive Director Texas Department on Aging Effective date: May 5, 1995 Proposal publication date: February 17, 1995 For further information, please call: (512) 444-2727 40 TAC sec.260.19 The Texas Department on Aging adopts new sec.260.19, relating to direct purchase of services by area agencies on aging, with changes to the proposed text as published in the February 17, 1995, issue of the Texas Register (20 TexReg 1131). The purpose of this rule is to provide policies and guidance on the use of the direct purchase of services process as a method to procure Title III OAA services for elderly Texans. Comments on this proposal were received from the Texas Association of Regional Councils, and the Board, Advisory Council, and staff of the Department. In subparagraph (d), a commenter suggested a change in the language to make clear that DPS is simply a procurement methodology, not a tool by which certain services are determined as necessary or not. While the wording suggested was not used, the text was amended to make this paragraph more explicit in its intent. In subparagraph (e)(5), a suggestion was made regarding wording of the vendor application process. The Department concurs with this suggested wording and has altered the text accordingly. The rule is adopted under the Human Resources Code, Chapter 101, which provides the Texas Department on Aging with the authority to promulgate rules governing the operation of the Department. The Human Resources Code, Chapter 101, relating to the operation of the Texas Department on Aging, is affected by this new section. sec.260.19. Direct Purchase of Services. (a) Direct Purchase of Services (DPS). DPS is a method to purchase services on a client-by-client basis as determined by an assessment of the individual's service need, conducted in accordance with information and assistance, case management, benefits counseling or other access and assistance program requirements described in sec.260.3, relating to Access and Assistance Program; sec.260.5, relating to Information and Assistance Service; sec.260.7, relating to Case Management Service, and sec.260.9, relating to Legal Awareness/Legal Assistance Services. It is used in lieu of annualized or fixed sum contracting for the purposes described in subsection (b) of this section (relating to Purposes). (b) Purposes. DPS provides flexibility and effective management of resources, and is used for the following purposes: (1) to facilitate an individual's access to services which could not otherwise be obtained by or for the person; (2) to target limited resources to those in greatest need; (3) to allow multiple providers to participate in the Title III reimbursement program through agreements for potential purchase of service; (4) to allow access and assistance staff to directly monitor client satisfaction and client impact of the purchased service; (5) to enhance the capacity of the area's access and assistance program to achieve its outcomes; and (6) to reduce the unit cost of purchased services through reduction of contracting agencies' administrative expenses. (c) DPS Components. A DPS process must provide for the following: (1) a method for, and one or more access and assistance staff members designated by the area agency to be responsible for, determining the individual's need for the service prior to its authorization, including a determination of the amount, frequency, and duration of the service to be purchased; (2) a method, and one or more access and assistance staff members designated by the area agency to be responsible for, authorization of the service; (3) a purchase agreement or contracting structure following applicable grantee procurement procedures, (such as sole source, spot purchase or other appropriate method) which permits purchase of service units based on individual assessment of client's need for services; (4) vendor selection criteria or pre-qualification processes to permit rapid identification and procurement of needed services; (5) a vendor or vendors willing to provide services as required; (6) maintenance of current DPS vendor list, which is communicated to those staff members designated to authorize services for individual clients; and (7) a method for internal control of, tracking of, and accounting for, expenditures from the DPS "pool" of budgeted funds. (d) When to Use DPS Procurement Methodology. Designated access and assistance staff may use DPS to obtain home delivered meals, transportation, personal assistance, homemaker, respite care, emergency response, legal assistance, health maintenance, congregate meals and other supportive services, based on individual assessment of need. It is not intended for the authorization of senior center operations services. (e) Additional Requirements. (1) Area agency grantees using the DPS methodology shall be required to meet an overall 10% non-federal match of all Older Americans Act funding for services within the grantee's planning and service area. (2) Program income generated by a DPS vendor shall be forwarded to the area agency monthly, shall be accounted for in accordance with OMB requirements, and shall be considered match for purposes of paragraph (1) of this subsection (relating to match). (3) The only allowable vendor-produced match for the DPS methodology is program income. Non-vendor service providers may provide adequate overmatch within the PSA to meet the requirements in paragraph (1) of this subsection (relating to match). In the event that the required 10% non-federal match is not received through this source, the area agency grantee shall provide sufficient additional match to meet the match requirements in paragraph (1) of this subsection. (4) USDA cash earned from vendor provided meals must be used for purchase of meals by the area agency on aging or grantee aging program. (5) Services procured under the DPS process shall meet or exceed the General Service requirements and the requirements established for specific services as promulgated in the Texas Administrative Code. The vendor application review process shall ensure conformance to these standards by the vendor. (f) Monitoring. Monitoring of DPS service vendors shall be accomplished through reassessment and other follow-up activities with the client and through area agency required monthly reports from the vendor. Satisfactory performance in the following areas shall be used to determine whether a vendor is selected for further service delivery: (A) the vendor is meeting the provision and/or frequency of the service as authorized for the client; (B) the vendor is performing those duties specified when the service was authorized; (C) the client indicates that the services provided are satisfactory. (D) the quality and cost of services are satisfactory. 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 authority. Issued in Austin, Texas, on April 14, 1995. TRD-9504650 Mary Sapp Executive Director Texas Department on Aging Effective date: May 5, 1995 Proposal publication date: February 17, 1995 For further information, please call: (512) 444-2727 40 TAC sec.260.21 The Texas Department on Aging adopts new sec.260.21, relating to public hearing policies of area agencies on aging, without changes to the proposed text as published in the February 17, 1995, issue of the Texas Register (20 TexReg 1133). This rule was relocated to a new section of the Texas Administrative Code in accordance with the Department's revision scheme and clarifies language and procedures by which area agencies on aging meet the responsibilities established by Federal and State requirements. No comments were received regarding adoption of this rule. The new section is adopted under the Human Resources Code, Chapter 101, which provides the Texas Department on Aging with the authority to promulgate rules governing the operation of the Department. The Human Resources Code, Chapter 101, relating to the operation of the Texas Department on Aging, is affected by this new section. 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 authority. Issued in Austin, Texas, on April 14, 1995. TRD-9504651 Mary Sapp Executive Director Texas Department on Aging Effective date: May 5, 1995 Proposal publication date: February 17, 1995 For further information, please call: (512) 444-2727 Chapter 263. Interest Earned on Aging Funds 40 TAC sec.263.1 The Texas Department on Aging adopts the repeal of sec.263.1, concerning policies and procedures of grantee area agencies on aging to track and report accumulation of interests on aging funds, without changes to the text published in the February 17, 1995, issue of the Texas Register (20 TexReg 1133). Repeal of this rule was necessary to relocate them elsewhere in the Texas Administrative Code and preclude the existence of contradictory rules. No comments were received regarding adoption of the repeal. The repeal is adopted under the Human Resources Code, Chapter 101, which provides the Texas Department on Aging with the authority to promulgate rules governing the operation of the Department. The Human Resources Code, Chapter 101 is affected by this repeal. 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 authority. Issued in Austin, Texas, on April 14, 1995. TRD-9504652 Mary Sapp Executive Director Texas Department on Aging Effective date: May 5, 1995 Proposal publication date: February 17, 1995 For further information, please call: (512) 444-2727 Chapter 270. General Service Requirements 40 TAC sec.270.2 The Texas Department on Aging adopts an amendment to sec.270.2, concerning Services Definitions, with changes to the text published in the February 17, 1995, issue of the Texas Register (20 TexReg 1133). The purpose of this amendment is to add additional definitions as a result of publication of additional rules governing services delivery under the Older Americans Act. Comments on this amendment were made by the Board, Advisory Council and staff of the Department. As a result, language in some of the definitions were altered to improve clarity. The amendment is adopted under the Human Resources Code, Chapter 101, which provides the Texas Department on Aging with the authority to promulgate rules governing the operation of the Department. The Human Resources Code, Chapter 101, is affected by this amendment. sec.270.2. Services Definitions. The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise. Acquisition-As it pertains to the federal reversionary policy means obtaining ownership of an existing facility in fee simple or by lease. Adult Day Care -A structured, comprehensive program that is designed to meet the needs of adults with functional impairments through an individual plan of care by providing health, social, and related support services in a protective setting. Adult Day Care Unit of Service-A unit of service is defined as half a day. One unit of service constitutes three hours but less than six hours of covered services provided by the facility. Six hours or more of service constitutes two units of service. Time spent in approved transportation provided by the facility shall be counted in the unit of service. (Non-DHS Title XIX funded programs refer to the Department's procedure). Assistive devices -Any of a broad category of health related support services equipment such as wheelchairs, walkers, prostheses, and other medical equipment. Center facility -A senior center or a multipurpose senior center. Congregate meal -The hot or other appropriate meal served to an eligible person which meets sec.270.5 of this title (relating to Nutrition Service Requirements) and which is served at a congregate meal site. Congregate meal site-The generic term for a facility and/or a minimum level of service within a facility that may be either a nutrition site, a senior center, or multipurpose senior center. As a minimum level of service, it refers to the provision of meals, nutrition education, and nutrition outreach to eligible persons and their spouses, the cost of which is supported in whole or in part by Older Americans Act funds. Congregate nutrition service provider-An agency that is awarded a subgrant or subcontract from an area agency on aging to provide congregate nutrition services and which may include meal preparation. Congregate nutrition services-The provision of services at a congregate meal site in accordance with requirements established in sec.270.5, Nutrition Service Requirements, of this chapter. Construction-As it pertains to the federal reversionary policy means building a new facility to be used as a center facility, including the costs of land acquisition and architectural and engineering fees, or making modifications to or in connection with an existing facility which are in excess of double the square footage of the original facility and all physical improvements. Consultant-An individual on contract full-time or part-time to perform professional services. Contact-A unit for measuring the provision of services. One contact is recorded each time a participant receives a service. For group activities, each participant counts as one contact. Demand response -Refers to the transportation service where a passenger request a ride from a specific location to another specific location at a certain time. Can also be called "dial-a-ride." Usually these services require advanced reservations. Dental care-Services to promote oral health which include prevention, treatment, and/or improved access to care. Department-The Texas Department on Aging. Disease prevention -Services that defend an individual or group against specific illness or injury. Included are immunization, early detection of disease or injury, restoration to a previous state of health and prevention of further deterioration and/or disability. Emergency Response Service Unit of Service -The unit of service for ERS is one calendar month. The provider agency is eligible for payment for a full month of service if the client receives services for any part of the month. Elderly-Those persons age 60 and over. Fixed route-Refers to transportation services where vehicles run on regular, pre-designated, pre-scheduled, posted and advertised routes, with no deviation. highly visible multipurpose senior center where anyone in a community can obtain information about and access to services for older adults. For purposes of are so designated by the area agency on aging. Health counseling-Services that offer personal or group consultation in which the counselor helps individuals resolve their medical or health problems. Health education-Provision of information concerning health disorders and preventive health practices to groups or individuals living in the community. Health maintenance-The provision of services, prescription and medications, and/or other assistive devices which will prevent, alleviate, and/or cure the onset of acute or chronic illness, increase awareness of special health needs, and/or improve the emotional well-being of older individuals. Health promotion-Programs which encourage healthy behaviors, reduce the risk for chronic and preventable disease, and maintain or improve the functioning of older adults. Health promotion unit of service-The unit of service for health screening, health maintenance, or mental health services is one contact. In the case of caregivers of frail older adults, the family is counted as one contact per category of service. Health screening-Investigation or analysis by a medical or health professional to determine the need for a health service. May include routine tests for blood pressure, hearing and vision impairment, or diabetes. May also include periodic checking and monitoring of a known condition such as monthly blood pressure checks for hypertension, and the application of fairly simple procedures for detection of unrecognized disease in apparently well individuals. Health services-For the purposes of this Department, any of an array of services authorized by the Older Americans Act as amended, Part F, sec.sec.361, 362, and 363, 42 USC 3030, subparagraphs M, N, and O respectively. Hearing care-Screening, prevention, treatment, purchase of hearing aids, and/or improved access to services which improve hearing. Homebound-Unable to leave the home without assistance due to illness, incapacitating disability, or frailty. Home delivered meal-A hot or otherwise appropriate meal which meets all requirements in sec.270.5, of this title (relating to Nutrition Service Requirements) served to an eligible person in his/her place of residence. Home delivered nutrition service provider-An agency that is awarded a subgrant or contract from an area agency on aging or a contract from a nutrition service provider to provide home-delivered nutrition services and which may include meal preparation. Home delivered nutrition services-The provision of services to a homebound elderly person in his place of residence in accordance with requirements established in sec.270.5, of this title (relating to Nutrition Services Requirements). Home injury control services-Screening of high risk home environments, and provision of educational programs on injury prevention (including fall and fracture prevention) in the home environment. Homemaker service-A service provided by trained and supervised homemakers involving the performance of housekeeping, home management, meal preparation and/or escort tasks, provided to individuals who need assistance with these activities in their place of residence. Homemaker Unit of Service-The unit of service is one hour of services provided directly to the client and does not include travel time unless it is directly related to the client's care plan, (such as essential shopping or escorting). It also does not include time spent for personal breaks, training, evaluations, or reassessments. Meal carrier-A container designed and used to transport bulk containers of food or individually packaged meals, to include picnic chests with lids, thermal envelopes, and thermal bags that maintain safe temperatures. Meal packaging-Permanent or disposable trays or cups with lids or seals, and bags or boxes which are designed and used for delivery of individual servings of food for a meal. Meal provider<<->>An agency or organization that is awarded a subgrant or contract from the area agency on aging or a congregate or home delivered nutrition service provider to provide meals. A meal provider does not have to be the same entity as a service provider. Medication assistance-A program to ensure that undesirable side affects are minimized and that medication is being taken as prescribed. Can include screening, monitoring, consultation by a health professional, and/or purchase of prescriptions. Mental health services-Services provided to individuals who have mental illnesses, or severe emotional and social disabilities and require support and treatment. Support may include education, prevention or intervention. Menu cycle-A preplanned written sequence of daily menus for a minimum of four weeks. Multipurpose senior center-A center facility which is open for a minimum of six hours a day, five days a week, and provides or coordinates for participants a nutritious meal and a variety of services such as, but not limited to, transportation, nutrition education, health screening, information and referral, health maintenance, exercise/physical fitness and volunteer activities. Nutrition consultation services-Activities usually performed by a service provider that may be either contracted separately with a qualified dietitian or provided as a direct service by the area agency on aging. Such activities do not include area agency on aging responsibilities for monitoring. Nutrition education -The provision of information to participants to promote nutritional well-being. Nutrition outreach -To seek out and identify, on an ongoing basis, hard-to- reach, isolated, and withdrawn eligible individuals. Nutrition participants -Those older persons age 60 years or older and their spouses, or other eligible persons who receive one or more Older Americans Act services. Nutrition site-A facility whose primary purpose is the delivery of congregate meal services and does not offer other services. Nutrition unit of service-A meal which meets one third of the required daily allowance as established by the Food and Nutrition Board of the National Academy of Sciences-National Research Council. Personal assistance unit of service-The unit of service is one hour and does not include travel time unless it is directly related to the client's care plan, such as escorting the client to a doctor's from the client's residence is not part of the unit of service. Physical fitness-Exercise and/or other physical activities which sustain and/or improve physical and mental health, and may include exercises to increase endurance (cardiovascular and muscular), strength, flexibility, balance, and/or coordination/agility. Potentially hazardous food-Any food that consists in whole or in part of milk or milk products, eggs, meat, poultry, fish, shellfish, edible crustacea, or other ingredients including synthetic ingredients, in a form capable of supporting rapid and progressive growth of infectious or toxigenic microorganisms. The term does not include clean, whole, uncracked, odor -free shell eggs or foods which have a Ph level of 4.5 or below or a water activity (Aw) value of 0.85 or less. Qualified dietitian -An individual who is one of the following: a registered dietitian with the Commission on Dietetic Registration, or a licensed or provisionally licensed dietitian with the Texas State Board of Examiners of Dietitians. Qualified dietary manager-An individual who is certified by the Dietary Managers Association to have completed a dietary managers course and a minimum of 100 hours of on -the-job training in a supervisory position in the food service department of a health care facility. Renovation-As it pertains to the federal reversionary policy means making modifications to or in connection with an existing facility which are necessary for its effective use as a senior center. These may include renovation, repair, or expansion which is not in excess of double the square footage of the original facility and all physical improvements. Senior center-A center facility whose primary focus is the delivery of services (including meals) to participants, but does not remain open a set number of hours a day. Subrecipient-Is an entity that receives Federal assistance passed down from the prime recipient. The subrecipient's responsibility is to help the recipient meet the requirements of the assistance award. A subrecipient's performance would be measured against meeting the objectives of the Federal assistance award. Therapeutic medical diet-Meals that are altered to meet the specific requirement of a diagnosed disease or metabolic disorder, to correct nutritional deficiencies, and/or to support attainment of ideal body weight. Transportation service for the elderly-The act or process of transporting a person 60 years of age or older from one location to another. Transportation unit of service-A one-way trip. Vendor-Is an entity that receives a procurement contract for goods or services from a recipient which will be paid for from Federal assistance funds. The vendor's responsibility is to meet the requirements of the procurement contract/agreement. Vision care-An array of services designed to promote eye health which includes screening, prevention, treatment, purchase of eyeglasses, and/or improved access to services. 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 authority. Issued in Austin, Texas, on April 14, 1995. TRD-9504653 Mary Sapp Executive Director Texas Department on Aging Effective date: May 5, 1995 Proposal publication date: February 17, 1995 For further information, please call: (512) 444-2727 Chapter 281. Public Hearing Procedures for TDoA and AAA's Statutes and Regulations 40 TAC sec.sec.281.1-281.15 The Texas Department on Aging adopts the repeal of sec. sec.281.1-281.15, concerning public hearing procedures for Texas Department on Aging and Area Agencies on Aging, without changes to the proposed text as published in the February 17, 1995, issue of the Texas Register (20 TexReg 1136). These rules were revised and relocated in the Texas Administrative Code to conform to the new scheme for codification of Department rules. No comments were received regarding adoption of the repeals. The repeals are adopted under the Human Resources Code, Chapter 101, which provides the Texas Department on Aging with the authority to promulgate rules governing the operation of the Department. The Human Resources Code, Chapter 101, is affected by these repeals. 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 authority. Issued in Austin, Texas, on April 14, 1995. TRD-9504654 Mary Sapp Executive Director Texas Department on Aging Effective date: May 5, 1995 Proposal publication date: February 17, 1995 For further information, please call: (512) 444-2727 Chapter 294. Corporate Eldercare 40 TAC sec.294.1 The Texas Department on Aging adopts the repeal of sec.294.1, concerning corporate eldercare policies and procedures of area agencies on aging, without changes to the proposed text as published in the February 17, 1995, issue of the Texas Register (20 TexReg 1136). This action was necessary to relocate these rules elsewhere in the Texas Administrative Code. No comments were received regarding adoption of the repeal. The repeal is adopted under the Human Resources Code, Chapter 101, which provides the Texas Department on Aging with the authority to promulgate rules governing the operation of the Department. The Human Resources Code, Chapter 101, is affected by this repeal. 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 authority. Issued in Austin, Texas, on April 14, 1995. TRD-9504655 Mary Sapp Executive Director Texas Department on Aging Effective date: May 5, 1995 Proposal publication date: February 17, 1995 For further information, please call: (512) 444-2727 Chapter 297. Homemaker I Service Standards 40 TAC sec.sec.297.1, 297.3, 297.5, 297.7, 297.9, 297.11, 297.13, 297.15, 297.17 The Texas Department on Aging adopts the repeal of sec. sec.297.1, 297.3, 297.5, 297.7, 297.9, 297.11, 297.13, 297.15, and 297.17, concerning Homemaker I Service Standards, without changes to the proposed text as published in the February 17, 1995, issue of the Texas Register (20 TexReg 1136). This was necessary to revise and relocate these rules in the Texas Administrative Code. No comments were received regarding adoption of the repeals. The repeals are adopted under the Human Resources Code, Chapter 101, which provides the Texas Department on Aging with the authority to promulgate rules governing the operation of the Department. The Human Resources Code, Chapter 101, is affected by these repeals. 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 authority. Issued in Austin, Texas, on April 14, 1995. TRD-9504656 Mary Sapp Executive Director Texas Department on Aging Effective date: May 5, 1995 Proposal publication date: February 17, 1995 For further information, please call: (512) 444-2727