EMERGENCY RULESAn agency may adopt a new or amended section or repeal an 
existing section on an emergency basis if it determines that such action is 
necessary for the public health, safety, or welfare of this state. The section 
may become effective immediately upon filing with the Texas Register, or on a 
stated date less than 20 days after filing and remaining in effect no more than 
120 days. The emergency action is renewable once for no more than 60 additional 
days.
Symbology in amended emergency sections. New language added to an existing 
section is indicated by the use of bold text. [Brackets] indicate deletion of 
existing material within a section.

TITLE 19. EDUCATION
PART I. Texas Higher Education Coordinating Board
CHAPTER 5.Program Development
SUBCHAPTER H.Approval of Distance Learning for Public Colleges and Universities
19 TAC sec.sec.5.151, 5.154, 5.155
The Texas Higher Education Coordinating Board adopts emergency repeals of 
Chapter 5, Subchapter H, sec.sec.5.151, 5.154, and 5.155, concerning Approval of 
Distance Learning for Public Colleges and Universities.
The rule is to be adopted on an emergency basis pursuant to sec.2001.034 of the 
Texas Government Code, which allows a state agency to adopt an emergency rule if 
a requirement of state or federal law requires adoption of the rule on less than 
30 days notice. 
The repeals are being proposed for emergency action to implement new law because 
of House Bill 1404 75th Legislature mandate. 
The amendments to the rules are proposed under Texas Education Code, 
sec.61.051(j). 
sec.5.151.Terminology.
sec.5.154.Institutional Plan for Instructional Telecommunications. 
sec.5.155.Annual Plan for Distance Learning.
Issued in Austin, Texas, on August 15, 1997. 
TRD-9710726
James McWhorter
Assistant Commissioner for Administration
Texas Higher Education Coordinating Board
Effective date: August 15, 1997
Expiration date: December 15, 1997
For further information, please call: (512) 463-6162

The Texas Higher Education Coordinating Board adopts emergency new Chapter 5, 
Subchapter H, sec.sec.5.151, 5.154, and 5.155, concerning Approval of Distance 
Learning for Public Colleges and Universities. 
The rule is to be adopted on an emergency basis pursuant to sec.2001.034 of the 
Texas Government Code, which allows a state agency to adopt an emergency rule if 
a requirement of state or federal law requires adoption of the rule on less than 
30 days notice. 
The rules are being proposed for emergency action to implement new law because 
of House Bill1404 75th Legislature mandate. 
The amendments to the rules are proposed under Texas Education Code, Section 
61.051(j). 

sec.5.151.Terminology.
(a) "Distance Learning" refers to instruction delivered by any means to any 
single or multiple location(s): 
(1) other than the "main campus" of a senior institution (or "on campus"), where 
the primary office of the chief executive officer of the campus is located; 
(2) outside the boundaries of the taxing authority of a community/junior college 
district; or 
(3) via instructional telecommunications to any other distance location. For the 
purposes of this subchapter, health science centers and health-related 
institutions shall be regarded as senior institutions.
(b) The term "Instructional Telecommunications" (IT) refers to distance learning 
instruction delivered primarily by telecommunications technology. Delivery 
systems may include but are not limited to one or more of the following: 
interactive video, open-channel television, cable television, closed-circuit 
television, low-power television, communication and/or direct broadcast 
satellite, satellite master antenna system, microwave, video tape, video disc, 
computer software, computer networks, and telephone lines. 
(c) The phrase "Courses offered exclusively to individuals" refers to 
instruction accessed by personal computer, videocassette recorder, or a 
combination of the two, to an individual and delivered to that individual's 
residence or place of business. Such delivery does not refer to instruction 
delivered to any group setting, including school, military, corporate or other 
commercial sites. 
(d) A "Reception Site" is any location that receives instruction via 
instructional telecommunications. This may include campuses, health agencies, 
business and industrial sites, public schools, homes, or any other locations 
where students may receive instruction. 
(e) The term "Program" refers to any certificate or degree program. A program is 
understood to be "offered via distance learning" if a student may complete the 
program without taking any courses on the main campus of the senior institution 
or without physically attending classes within the boundaries of the taxing 
authority of the community/junior college district. 
(f) An "Auxiliary Location" is a site or facility owned by an institution or 
recognized by the Coordinating Board as qualifying for special treatment under 
the provisions of this subchapter (see section 5.155{b} and {c} of this title 
relating to Annual Plan for Distance Learning). 
(g) A "Regional Council" is a cooperative arrangement among representatives of 
all public and independent higher education institutions within a State Uniform 
Service Region. (See section 5.156 of this title relating to Procedures for 
Review). 
(h) An "Annual Plan" is a listing by location of distance learning courses and 
programs planned to be taught during an academic year by an institution. (See 
sec.5.155 of this title relating to Annual Plan for Distance Learning).

sec.5.154.Institutional Plan for Instructional Telecommunications.
(a) Each institution seeking first-time authority to offer distance learning 
instruction via telecommunications technology must submit an "Institutional Plan 
for Instructional Telecommunications" for review by the Coordinating Board's 
Advisory Committee on Instructional Telecommunications and approval by the Board 
before offering such instruction, except as noted in 5.154(e). The plan must 
include the following: 
(1) Institutional policies reflecting a commitment to maintain quality in 
accordance with the provisions of this subchapter. 
(2) A description of institutional arrangements for the operation of 
instructional telecommunications, including identification of courses to be 
offered and the location(s) of proposed distance learning instruction. 
(b) After Board approval of the Institutional Plan, an institution may request 
the Board to expand the approved plan by submitting an expansion of authority 
request. Expansion of authority requests to offer a complete degree program 
through distance learning require Board approval. Without such approval an 
institution may not offer at a specific site the number and array of courses 
that would permit a student to complete a degree program at that site. 
(c) After Board approval of initial Institutional Plan: 
(1) changes in course delivery modes do not require additional authorization, 
and; 
(2) courses offered exclusively to individuals do not require additional 
authorization, and may be offered statewide upon institutional certification of 
compliance with the quality standards in Chapter 5, Subchapter H, paragraph 
5.153 of the Board Rules. 
(d) The Commissioner may approve an expansion of authority request if the 
request involves: 
(1) the addition of another site for the delivery of a program which the Board 
has previously approved to be offered through distance learning; or 
(2) courses offered to a defined group of students at a corporate site. 
(e) The Commissioner may authorize under experimental authority a one-time 
offering of a limited number of classes via instructional telecommunications 
prior to Board approval of an Institutional Plan for Instructional 
Telecommunications.

sec.5.155.Annual Plan for Distance Learning. 
(a) Unless specifically exempted by the Board, all distance learning instruction 
taught for credit must be submitted for annual review by appropriate higher 
education Regional Councils or peer institutions as provided in this subchapter. 
Non-credit adult and continuing education courses offered at a distance by 
universities and health science centers do not fall under the purview of this 
Subchapter. The annual review and approval of distance learning credit courses 
will follow the annual plan procedure described in Sections 5.156, 5.157 and 
5.158 of this title (relating to Approval of Distance Learning for Public 
Colleges and Universities). 
(b) An exception to this annual review process is hereby granted for courses 
delivered exclusively to individuals where instruction is accessed by personal 
computer, video cassette recorder or combination of the two and delivered to the 
individual's residence or place of business. Even though exempt from annual 
review, courses delivered to individuals must be reported in accordance with the 
Board's uniform reporting system. 
(c) The exemption granted in section 5.155(b) of this title (relating to Annual 
Plan for Distance Learning) does not apply to courses delivered to any setting 
including schools, military, corporate or other commercial site where a group of 
two or more students are gathered. 
(d) Institutions may enroll students from outside Texas in distance learning 
courses provided that credit hours generated by such students are not submitted 
for formula funding. (See section 5.158(a)(4) and section 5.159(b) of this title 
relating to Approval of Distance Learning for Public Colleges and Universities.) 
(e) In addition to Section 5.155(b) and upon request from institutions, the 
Board may exempt from annual review: 
(1) courses offered by one public institution on the campus of another public 
institution, 
(2) courses taught on military bases or in correctional institutions, 
(3) courses at sites designated by the Board as auxiliary locations; 
(4) courses offered as part of approved distance learning degree programs; and 
(5) courses pertaining to student teaching, internships, clinical instruction, 
practica, cooperative education work stations, and field classes (when limited 
to campus-based students). Instruction offered under all such exemptions, 
however, must still be reported in accordance with the Board's uniform reporting 
system and will be subject to monitoring for quality. 
(f) If distance learning instruction is provided regularly in an approved 
cooperative degree program, in a correctional institution, on a military base, 
or at other sites where an institution needs to utilize resources not normally 
available on its main campus, the site where the instruction is received may be 
recognized as an Auxiliary Location by the Board. Auxiliary locations are 
recognized as having a specific, defined academic mission; expansion beyond the 
authorized mission requires prior approval of the Board.
(g) In approving Annual Plans, the Commissioner may give preference for the 
delivery of distance learning courses or degree programs which rely principally 
upon faculty travel off-campus or out-of-district to the nearest institution 
willing and able to deliver the instruction. 
(h) The Commissioner may approve, as amendments to an institution's Annual Plan, 
courses submitted not later than two weeks after the beginning of any semester 
or summer session. The Commissioner shall not approve additional courses in 
excess of 20 percent of the number of courses previously approved as part of the 
Annual Plan for the requesting institution, or ten courses, whichever is 
greater. Such courses must first be submitted for consideration by public and 
independent institutions in the appropriate Regional Council(s).
Issued in Austin, Texas, on August 15, 1997.
TRD-9710724
James McWhorter
Assistant Commissioner for Administration
Texas Higher Education Coordinating Board
Effective date: August 15, 1997
Expiration date: December 15, 1997
For further information, please call: (512) 483-6162

sec.sec.5.152, 5.156, 5.157, 5.158, 5.159
The Texas Higher Education Coordinating Board adopts emergency amendments to 
Chapter 5, Subchapter H, sec.sec.5.152, 5.156, 5.157, 5.158, and 5.159, 
concerning Approval of Distance Learning for Public Colleges and Universities. 
The rule is to be adopted on an emergency basis pursuant to sec.2001.034 of the 
Texas Government Code, which allows a state agency to adopt an emergency rule if 
a requirement of state or federal law requires adoption of the rule on less than 
30 days notice.
The rules are being proposed for emergency action to implement new law because 
of House Bill 1404 75th Legislature mandate. 
The amendments to the rules are proposed under Texas Education Code, 
sec.61.051(j).

sec.5.152.General Provisions.
(a)-(c) (No change.) 
(d) No degree or certificate program may be offered via distance learning 
instruction without prior approval of the Board. <nl> This is true even if 
delivery modes or instruction sites or locations are exempt from annual review 
under these rules.<ol> In addition, institutions may not offer through distance 
learning instruction at any site an array of courses that would constitute a 
degree or certificate program without prior approval by the Board to offer a 
full program at that site. Courses offered in violation of this provision will 
be disallowed for formula funding.
(e)-(f) (No change.) 

sec.5.156.Procedures for Review and Approval of Lower-Division Distance Learning 
<nl>Courses<ol>.
(a)-(d) (No change.) 
(e) Procedures for submitting applications to the Board for authorization to 
offer lower-division distance learning classes are as follows:
(1)-(3) (No change.) 
(4) Distance learning instruction proposed to be offered on a statewide basis 
must be separately identified. <nl> Courses offered exclusively to individuals 
are automatically authorized for statewide delivery. (See Section 5.151(c) of 
this title relating to Approval of Distance Learning for Public Colleges and 
Universities). Such courses must be reported in accordance with the Board's 
uniform reporting system. <ol> 
(5)-(6) (No change.) 
(f) During the passage of the year it may be necessary for an institution to 
request approval of lower-division distance learning activities not submitted as 
part of its Annual Plan. Such proposed amendments to an Annual Plan must be 
submitted to affected Regional Councils prior to the teaching of any additional 
classes. Each Council Chair will forward recommendations to the Commissioner 
regarding the appropriateness of such instruction. Amendments shall be 
considered by the Commissioner in accordance with <nl> Section 5.155(g) of this 
title relating to Approval of Distance Learning for Public Colleges and 
Universities<ol> [Section 5.155(e) of this subchapter].

sec.5.157.Procedures for Review and Approval of Upper-Level and Graduate 
Distance Learning.
(a)-(d) (No change.) 
(e) During the passage of the year it may be necessary for an institution to 
request approval of courses not submitted as part of its annual plan. The 
Commissioner shall consider such requests in accordance with <nl>Section 
5.155(g) of this title relating to Approval of Distance Learning for Public 
Colleges and Universities<ol> [Section 5.155(e) of this subchapter] if they are 
accompanied by documentation of discussions with other public and independent 
institutions in the affected Uniform Service Region concerning the proposed 
classes. 

sec.5.158.Approval of State-Funded Out-of-State and Foreign Courses.
(a) State-funded out-of-state and foreign courses offered by Texas public 
institutions of higher education or by an approved consortium composed of Texas 
public institutions must have prior approval by the Commissioner in order for 
the semester credit hours or contact hours to be used for formula reimbursement. 
The following procedures shall apply: 
(1)-(3) (No change.) 
<nl>(4)<ol> <nl> State-funded courses taught out of Texas are intended for 
students who are currently enrolled on campus at a Texas institution. Faculty 
should not teach courses out of state for state funding unless the faculty 
member is accompanying a cohort of students from a Texas institution. <ol> 
<nl>(5)<ol> <nl> Institutions may enroll students who reside at the out-of-state 
locations provided the credit hours generated by the out-of-state students are 
not submitted for formula funding. <ol>
(b) (No change.) 

sec.5.159.Non-State-Funded [Out-of-State and Foreign] Classes.
<nl>(a)<ol> <nl>In-state-non-funded credit courses are governed by the same 
rules and regulations as regular funded courses; non-state funded credit courses 
need not be included in the annual plan requests. Requests for authorization to 
offer non-state-funded credit courses may be submitted for approval as the need 
arises. Non-credit adult and continuing education courses offered at a distance 
by universities and health science centers do not fall under the purview of this 
subchapter. <ol>
<nl>(b)<ol>[(a)] Out-of-state and foreign courses offered by public universities 
and health related institutions, for which no state funds are expended, may be 
taught without prior approval of the Board. However, prior Board approval is 
required for full degree programs offered under these circumstances. 
Institutions are expected to ensure that all such instruction meets the quality 
standards expected of Texas higher education institutions. 
<nl>(c)<ol>[(b)] Community and technical colleges proposing to offer out-of-
state or foreign courses for which no state funds are expended are subject to 
the provisions of Chapter 9, Subchapter L of this title (relating to Approval of 
Credit Courses and Programs Not Receiving State Funds Offered at Out-of-State 
and Foreign Locations). 
Issued in Austin, Texas, on August 15, 1997.
TRD-9710722
James McWhorter
Assistant Commissioner for Administration
Texas Higher Education Coordinating Board
Effective date: August 15, 1997
Expiration date: December 15, 1997
For further information, please call: (512) 463-6162

SUBCHAPTER K.Private and Out-of-State Public Degree-Granting Institutions 
Operating in Texas
19 TAC sec.sec.5.211-5.222
The Texas Higher Education Coordinating Board adopts emergency repeals to 
Chapter 5, Subchapter K, sec.sec.5.211-5.222, concerning Private and Out-of-
State Public Degree-Granting Institutions Operating in Texas. The rule is to be 
adopted on an emergency basis pursuant to sec.2001.034 of the Texas Government 
Code, which allows a state agency to adopt an emergency rule if a requirement of 
state or federal law requires adoption of the rule on less than 30 days notice. 
The repeals are being proposed for emergency action to better protect Texas 
citizens from substandard or fraudulent degree-granting post-secondary 
educational institutions. 
The repeal of the rules is proposed under Texas Education Code, sec.61.311.
sec.5.211.Definition.
sec.5.212.Exemptions.
sec.5.213.Administrative Procedures Related to Certification of Nonexempt 
Institutions.
sec.5.214.Standards for Nonexempt Institutions.
sec.5.215.Certificate of Authority To Grant Degrees and Offer Courses at 
Nonexempt Institutions.
sec.5.216.Certificate of Registration for Agents of Nonexempt Institutions.
sec.5.217.Off-Campus Operations, Changes of Level at Exempt Institutions, and 
Out-of-State Public Institutions.
sec.5.218.Denial of Certificates to Institutions and Agents.
sec.5.219.Revocation of Certificates to Nonexempt Institutions and Agents.
sec.5.220.Prohibitions Applicable to Nonexempt Institutions. 
sec.5.221.Penalties for Nonexempt Institutions.
sec.5.222.Judicial Procedures for Nonexempt Institutions. 
Issued in Austin, Texas, on August 15, 1997. 
TRD-9710728
James McWhorter
Assistant Commissioner for Administration
Texas Higher Education Coordinating Board
Effective date: August 15, 1997
Expiration date: December 
For further information, please call: (512) 483-6162

19 TAC sec.sec.5.211-5.225
The Texas Higher Education Coordinating Board adopts emergency new Chapter 5, 
Subchapter K, sec.sec.5.211-5.225, concerning Private and Out-of-State Public 
Degree-Granting Institutions Operating in Texas. The rule is to be adopted on an 
emergency basis pursuant to sec.2001.034 of the Texas Government Code, which 
allows a state agency to adopt an emergency rule if a requirement of state or 
federal law requires adoption of the rule on less than 30 days notice. 
The rules are being proposed for emergency action to better protect Texas 
citizens from substandard or fraudulent degree-granting post-secondary 
educational institutions. 
The new rules are proposed under Texas Education Code, sec.61.311. 

sec.5.211.Definitions.
The following words and terms, when used in this subchapter, shall have the 
following meanings, unless the context clearly indicates otherwise.
Academic degree program--Any baccalaureate or higher level degree program 
generally comparable to one offered by a Texas senior college accredited by a 
recognized accrediting agency, as well as any associate degree program which 
fulfills the lower-division requirements of a conventional baccalaureate degree 
program, offered by a Texas public or private four-year university or college 
accredited by a recognized accrediting agency. 
Accreditation standards acceptable to the board--The standards of the recognized 
accrediting agencies, or, for those institutions exempt under sec.5.212(a)(2) of 
this title (relating to Exemptions), the accrediting agency generally recognized 
by the appropriate professions. 
Agent--A person employed by or representing an institution within or without 
Texas who solicits any Texas students for enrollment in the institution, or who 
solicits or accepts payment from the Texas resident for any good or service 
offered by the institution at any place other than the office or legal place of 
business of the institution. 
Board--The Texas Higher Education Coordinating Board. 
Branch campus, extension center, or other off-campus unit--Any institution or 
part of an institution offering or proposing to offer away from the home campus 
more than occasional courses or courses leading to the granting of a degree 
without the necessity for courses to be taken at the main campus. 
Commissioner--The commissioner of higher education. 
Degree--Any title or designation, mark, abbreviation, appellation, or series of 
letters or words, including "associate," "bachelor's," "master's," "doctor's," 
and their equivalents and foreign cognates, which signify, purport to signify, 
or are generally taken to signify satisfactory completion of the requirements of 
all or part of a program of study which is generally regarded and accepted as an 
academic degree-level program among Texas institutions of higher education 
accredited by accrediting agencies recognized by the Coordinating Board. 
Educational or Training Establishment--An enterprise offering a course of 
instruction, education, or training that the establishment does not represent to 
be applicable to a degree.
Home campus--The headquarters of an institution, such location to be determined 
as a matter of fact by the commissioner based upon consideration of information 
such as, but not limited to, the following: 
(A) where the institution is chartered; 
(B) the site, campus, or city where the principal or chief executive's offices 
are located; 
(C) where the institution conducts the preponderance of its instructional 
activities; and 
(D) any other pertinent and material facts. 
Out-of-state public institution of higher education--Any senior college, 
university, technical institute, junior or community college, or the equivalent 
which is controlled by a public body organized outside the boundaries of the 
State of Texas. 
Person--Any individual, firm, partnership, association, corporation, enterprise, 
or other private entity or combination thereof. 
Private postsecondary educational institution or institution -- An educational 
institution which:
(A) Is not a public junior college, public senior college or university, medical 
or dental unit or other agency as defined in Texas Education Code, sec.61.003; 
(B) Is incorporated under the laws of this state, or maintains a place of 
business in this state, or has a representative present in this state, or 
solicits business in this state; and 
(C) Furnishes or offers to furnish courses of instruction in person, by 
electronic media, or by correspondence leading to a degree or provides or offers 
to provide credits alleged to be applicable to a degree.
Program of study--Any course or grouping of courses which are alleged to entitle 
a student to a degree or to credits alleged to be applicable to a degree. 
Recognized accrediting agency--The Commission on Colleges, Southern Association 
of Colleges and Schools; the American Association of Bible Colleges; or the 
Association of Theological Schools in the United States and Canada. 
Representative--Includes a recruiter, agent, tutor, counselor, business agent, 
instructor, or any other instructional or support personnel.
Subchapter--The Texas Education Code, Title 3, Chapter 61, Subchapter G, as 
amended, having an effective date of June 21, 1975. 

sec.5.212.Exemptions.
(a) The provisions of this subchapter do not apply to: 
(1) an institution which is fully accredited by a recognized accrediting agency, 
except that no institution may establish or operate a branch campus, extension 
center, or other off-campus unit without board approval. However, any private or 
independent institution of higher education as defined by sec.61.003, Texas 
Education Code, or any branch campus which was fully and separately accredited 
as a free-standing institution or was a candidate for separate accreditation as 
a free-standing institution prior to January 1, 1981 is exempt; 
(2) an institution or degree program that has received approval by an agency of 
the State of Texas authorizing the graduates of the institution to take a 
professional or vocational state licensing examination administered by that 
agency. (The granting of permission by a state agency to a graduate of an 
institution to take a licensing examination does not by itself constitute 
approval of the institution or degree program required for an exemption under 
this subsection.) 
(b) The exemptions provided by subsection (a)(1) and (2) of this section apply 
only to the degree level for which the programs or the institution is accredited 
or approved, as applicable, and if an institution offers to award a degree at a 
level for which it is not accredited or approved by the appropriate agency of 
the state of Texas, the exemption does not apply.
(c) The board may issue an exempt institution a certificate of authorization to 
grant degrees on request of said institution upon determination by the board 
that said institution qualifies for exemption under subsection (a)(1) and (2) of 
this section, as limited by subsection (b), of this section. The institution may 
apply for a certificate of authorization on forms provided by the board upon 
request. 
(d) An exempt institution continues in that status only so long as it maintains 
accreditation by a recognized accrediting agency or otherwise met the provisions 
of subsection (a)(1) and (2) of this section.
(e) A new institution may not presume exempt status and offer to award degrees 
or courses leading to degrees until it has applied for and been granted exempt 
status by the commissioner. 
(f) If the commissioner has reason to revoke the exempt status granted to an 
institution, he shall notify the institution. The institution will be given 10 
days from receipt of that notice to contest the revocation. If after considering 
the institutions's reply the commissioner continues to hold that the institution 
no longer merits exempt status, the institution may appeal the commissioner's 
decision to the board. If the board upholds the commissioner's decision, the 
institution then must apply for and earn a certificate of authority to offer 
degrees or degree credit courses in Texas.

sec.5.213.Administrative Procedures Related to Certification of Nonexempt 
Institutions.
(a) Designation. The board shall administer the provisions of the Texas 
Education Code, Title 3, Chapter 61, Subchapter G (the subchapter), in addition 
to its other duties provided by law. To achieve the purposes of the subchapter, 
the commissioner may request from any department, division, board, bureau, 
commission, or other agency of the state, and the same shall provide, such 
information as will enable the board to exercise properly its powers and perform 
its duties hereunder. 
(b) Authority. The board shall exercise, in addition to the express powers and 
duties now vested therein by the subchapter and the rules of which this section 
is a part, authority to administer the rules by appropriate action consistent 
with Texas law and the board's own policies and procedures.
(c) Jurisdiction. The board will accept applications only from those 
institutions proposing to offer an academic degree program or credit courses 
alleged to be applicable to a degree. 
(d) Certification Advisory Council. The board shall appoint a certification 
advisory council to advise the board on standards and procedures related to 
certification of private, nonexempt postsecondary educational institutions; 
assist the commissioner in the study of individual applications for certificates 
of authority; and help on any other matters related to certification that the 
board finds appropriate. The council shall consist of six members with 
experience in higher education, three of whom must be drawn from exempt private 
institutions of higher education in Texas. The members shall be appointed for 
two year fixed and staggered terms. 
(e) Application Fee for Certificates of Authority, Amendments to Certificates of 
Authority, and Certificates of Registration of an Agent. Each biennium the 
commissioner shall set an application fee for certificates of authority equal to 
the average cost of evaluating the applications. The fee shall include the costs 
of travel, meals, and lodging of the visiting team and the commissioner, or his 
designated representatives, and consulting fees for the visiting team members. 
The commissioner shall also set the fee for an amendment to a certificate of 
authority and the fee for a certificate of registration of an agent. The 
commissioner shall report the fees to the board at a quarterly meeting of the 
board. 
(f) Application forms. 
(1) The application form for a certificate of authority to offer degrees shall 
contain, at minimum, the name, address, and telephone number of the institution; 
purpose of the institution; names of the sponsors or owners of the institution; 
regulations, rules, constitutions, bylaws, or other regulations established for 
the governance and operation of the institution; the names and addresses of the 
chief administrative officer, the principal administrators, and each member of 
the board of trustees or other governing board; the names of members of the 
faculty who will, in fact, teach in the program of study, with the highest 
degree held by each; a full description of the admission requirements, degree 
requirements, degree or degrees to be awarded and the course or courses of study 
prerequisite thereto; and a description of the facilities and equipment utilized 
by the institution. 
(2) The application form for an amendment to an existing certificate of 
authority to award a new or different degree shall include, at minimum, an 
outline of the curriculum to be offered, the identification of the degree to be 
awarded, the qualifications of the faculty involved, anticipated enrollment, 
financial support expected and its source, and the relation of the new program 
to the purpose of the institution. 
(3) The application form for a certificate of registration for an agent shall 
include, at minimum, the name, address, and certification status of institution 
represented; the applicant's full legal name, address, residence, educational 
background, experience, and evidence of institutional affiliation; and an 
affidavit from the applicant pledging to fairly represent the institution 
consistent with the laws of the State of Texas and the certification rules of 
the board. 
(4) The application form for authorization to offer off-campus degree-credit 
courses in Texas shall contain, at minimum, the name, address, and telephone 
number of the institution; purpose of the institution; names of the sponsors or 
owners of the institution; the names and addresses of the chief administrative 
officer, the principal administrators, and each member of the board of trustees 
or other governing board; the names of members of the faculty who will, in fact, 
teach the courses in Texas, with the highest degree held by each; a full 
description of the admission requirements, degree requirements, degree or 
degrees to which the course or courses will apply; and a description of the 
computer, library, and other facilities that will be utilized by the institution 
to offer the proposed courses. 
(5) The application form for a certificate of authorization shall contain, at 
minimum, the name, address, and telephone number of the institution; name of 
recognized accrediting association accrediting the institution; degree levels 
covered by the accreditation; sites covered by the accreditation; and date 
accreditation will expire. 
(g) Application review. 
(1) The commissioner, or his designated representatives, and an ad hoc team of 
independent consultants, if considered appropriate, will visit the institution 
and conduct an on-site survey to evaluate the application for a certificate of 
authority. The visiting team will be composed of people with experience on the 
faculties or staffs of accredited institutions and who possess knowledge of 
accreditation standards. 
(2) The certification advisory council will review the findings of the visiting 
team and the response of the institution and submit to the commissioner a 
recommendation concerning the application. 
(3) The commissioner will forward to the board the recommendation of the 
advisory council with his endorsement or with an alternate recommendation.
(4) Upon approval of the board to award a certificate of authority to an 
institution, the commissioner will act immediately to prepare and forward the 
certificate. It shall state, as a minimum, that the institution is authorized to 
grant certain degrees, the issue date, and the period for which the certificate 
is valid. 
(5) If the board denies an institution's application for a certificate of 
authority, the institution will not be eligible to reapply for a period of one 
year. The subsequent application should show correction of the deficiencies 
which led to the previous denial. Approval of the new application by the board 
will return the institution to its status within the eight-year time period for 
achieving accreditation. 
(h) Records. 
(1) Institutions authorized to operate in this state will be required to furnish 
a list of their agents to the board, and to maintain records of students 
enrolled, credits awarded, and degrees awarded in a manner specified by the 
board. 
(2) In the event any institution now or hereafter operating in this state 
proposes to discontinue its operation, the chief administrative officer, by 
whatever title designated, of said institution shall cause to be filed with the 
board the original or legible true copies of all such academic records of said 
institution as may be specified by the board. Such records shall include, at a 
minimum, such academic information as is customarily required by colleges when 
considering students for transfer or advanced study and, as a separate document, 
the academic record of each former student. In the event it appears to the board 
that any such records of an institution discontinuing its operations are in 
danger of being destroyed, secreted, mislaid, or otherwise made unavailable to 
the board, the board may seek court authority to take possession of such 
records. The board shall maintain or cause to be maintained a permanent file of 
such records coming into its possession. 
(i) Recognition of accrediting agencies. In seeking to assure standards that are 
sufficient to protect citizens from fraudulent and substandard operations and to 
treat all postsecondary educational institutions with equity, both exempt and 
nonexempt, the board has recognized the Commission of Colleges, Southern 
Association of Colleges and Schools (SACS) as the accrediting agency for 
certification. However, the board will consider the recognition of other 
accrediting agencies provided they can demonstrate they meet all of the criteria 
listed in paragraphs (1) and (2) of this subsection. 
(1) The accrediting agency must be a member of or recognized by the Council on 
Postsecondary Accreditation or its successor and must be recognized by the 
United States Department of Education. 
(2) The accrediting agency's standards must be at least as comprehensive and 
rigorous as the standards listed in sec.5.214 of this title (relating to 
Standards for Nonexempt Institutions) and be as rigorously applied. 

sec.5.214.Standards for Nonexempt Institutions.
(a) The decision to grant a certificate of authority to an institution will be 
based on its compliance with the following 24 standards, priority given to 
education, responsiveness to recommendations and suggestions for improvement, 
and, in the case of a renewal of a certificate of authority, record of 
improvement and progress following initial approval which would ensure 
accreditation within the allotted time. The 24 standards represent generally 
accepted administrative and academic practices and principles of accredited 
institutions of higher education in Texas. Such practices and principles are 
generally set forth by the Commission on Colleges, Southern Association of 
Colleges and Schools and by specialized accrediting bodies and the several 
academic and professional societies which have established standards for their 
members' programs such as the National Association of College and University 
Business Officers and the American Association of Collegiate Registrars and 
Admissions Officers. 
(1) Qualifications of Institutional Officers. The character, education, and 
experience in higher education of governing board members, administrators, 
supervisors, counselors, agents, and other institutional officers shall be such 
as may reasonably ensure that the students will receive education consistent 
with the objectives of the course or program of study. In particular, the 
academic administrator shall be qualified by level and area of academic 
preparation, as well as through appropriate experience, to direct the academic 
affairs of the institution. 
(2) Governing Board. The governing board, consisting of at least five members, 
must be an active policy-making body and must exercise its authority to ensure 
that the mission of the institution is carried out. Membership of the governing 
board of the institution shall be comprised of individuals who represent the 
institution's constituency, including faculty, students, and supporters. The 
presiding officer of the board, along with a majority of the other voting 
members, must have no contractual, employment, or personal or familial financial 
interest in the institution and derive no financial gain from the operations of 
the institution. 
(3) Distinction of Roles. There shall be sufficient distinction among the roles 
and personnel of the governing board of the institution, the administration, and 
faculty to ensure their appropriate separation and independence. 
(4) Instructional Assessment. Provisions shall be made for the continual 
assessment of the educational program, including the evaluation and improvement 
of instruction. 
(5) Student Admission and Remediation. The institution shall document at the 
admission of a student to any undergraduate program that the student is prepared 
to undertake college level work by obtaining proof of the student's high school 
graduation or General Educational Development (GED) certification and by 
requiring the student to take the certification form of the Texas Academic 
Skills Program (TASP) Test. If a GED is presented, the score must be at or above 
the level set by the Texas Education Agency as passing to be valid. The 
institution shall provide an effective program of remediation for students 
failing any section of the TASP exam. No student shall be allowed to take more 
than 60 semester credit hours (or 96 quarter credit hours) of coursework or 
awarded any associate or baccalaureate degree until all sections of TASP are 
passed. Exemptions from taking TASP for students entering public universities 
may also exempt students from taking TASP at the institution. 
(6) Faculty Qualifications. The character, education, and experience in higher 
education of the faculty shall be such as may reasonably ensure that the 
students will receive an education consistent with the objectives of the course 
or program of study. Each faculty member teaching in an associate or 
baccalaureate level degree program shall have at least a master's degree from an 
institution accredited by a recognized agency or a regional accrediting agency 
with at least 18 graduate semester credit hours in the discipline being taught. 
Furthermore, at least 25% of coursework in an undergraduate level major shall be 
taught by faculty members holding doctorates, or other terminal degrees, in the 
discipline being taught from institutions accredited by a recognized agency or a 
regional accrediting agency. Graduate level degree programs shall be taught by 
faculty holding doctorates, or other terminal degrees, in the discipline being 
taught from institutions accredited by a recognized agency or a regional 
accrediting agency. 
(7) Faculty Size. There shall be a sufficient number of fulltime teaching 
faculty resident and accessible to ensure continuity and stability of the 
education program, adequate educational association between students and faculty 
and among the faculty members, and adequate opportunity for proper preparation 
for instruction and professional growth by faculty members. At the associate and 
baccalaureate levels, there shall be at least one full time faculty member in 
each program. At the graduate level, there shall be at least four full time 
faculty members in each program. 
(8) Curriculum. The quality, content, and sequence of each course, curriculum, 
or program of instruction, training, or study shall be appropriate to the 
purpose of the institution and shall be such that the institution may reasonably 
and adequately achieve the stated objectives of the course or program. 
Substantially all of the courses in the areas of specialization required for 
each degree program shall be offered in organized classes by the institution, 
provided such courses are appropriate to the level of the institution. 
(9) General Education. Each associate or baccalaureate degree program shall 
contain a general education component consisting of at least 25% of the total 
hours offered for the program. This component shall be drawn from each of the 
following areas: Humanities and Fine Arts, Social and Behavioral Sciences, and 
Natural Sciences and Mathematics. It shall include courses to develop skills in 
written and oral communication and in basic computer instruction. Courses 
designed to correct deficiencies, remedial courses for associate and 
baccalaureate programs and leveling courses for graduate programs, may not count 
toward course requirements for the degree. The applicant institution may arrange 
for all or part of the general education component to be taught by another 
institution with the following provisions: the applicant institution's faculty 
shall design the general education requirement, there shall be a written 
agreement between the institutions to provide the general education component, 
at least one-half of the courses shall be offered in organized classes, and the 
providing institution shall be accredited by a recognized accrediting agency. 
(10) Credit for Prior Learning. An institution awarding collegiate credit for 
prior learning obtained outside a formal degree-granting institution shall 
establish and adhere to a systematic method for evaluating that prior learning, 
equating it with course content appropriate to the institution's authorized 
degree programs, and subject to ongoing review and evaluation by the 
institution's teaching faculty. Recognized evaluative examinations such as the 
advanced placement program or the college level examination program may be used. 
No more than fifteen semester credit hours or twenty-three quarter credit hours 
in a student's associate or baccalaureate degree program may be based on 
validated prior learning. No graduate credit for prior learning may be awarded. 
In no instance may credit be awarded for life experience per se or merely for 
years of service in a position or job. 
(11) Library. The institution shall have in its possession or direct control and 
readily available to its students and faculty a sufficient quality and variety 
of library holdings to support adequately its own curriculum. The holdings shall 
be catalogued and be readily accessible to students and faculty. The institution 
shall have adequate library facilities for the library holdings, space for 
study, and work space for the librarian and library staff. The librarian shall 
hold a graduate degree in library science from an institution accredited by a 
recognized accrediting agency or a regional accrediting agency. Arrangements for 
the use of library materials made with other libraries shall be formalized in 
writing, the collection shall be validated by the institution to be appropriate 
for the programs being offered, records of usage by the students shall be kept, 
and the library shall be reasonably accessible to the students and faculty. 
(12) Facilities. The institution shall have adequate space, equipment, 
instructional materials to provide education of good quality.
(13) Financial Resources and Stability. The institution shall have adequate 
financial resources and financial stability to provide education of good quality 
and to be able to fulfill its commitments to students. The institution shall 
have sufficient reserves so that, together with tuition and fees, it would be 
able to complete its educational obligations to currently enrolled students if 
it were unable to admit any new students. 
(14) Financial Records. Financial records and reports of the institution shall 
be kept and made separate and distinct from those of any affiliated or 
sponsoring person or entity. Financial records and reports shall be in 
accordance with the guidelines of the National Association of College and 
University Business Officers as set forth in College and University Business 
Administration, Fifth Edition, or such later editions as may be published. An 
annual independent audit of all fiscal accounts of the educational institution 
shall be authorized by the governing board and shall be performed by a properly 
authorized certified public accountant.
(15) Academic Freedom and Faculty Security. The institution shall adopt and 
distribute to all members of the faculty a statement of academic freedom 
assuring freedom in teaching, research, and publication. All policies and 
procedures concerning promotion; tenure; and non-renewal or termination of 
appointments, including for cause, shall be clearly published in a faculty 
handbook and supplied to all faculty. The specific terms and conditions of 
employment of each faculty member shall be clearly described in a written 
document given to that faculty member and a copy retained by the institution. 
(16) Academic Records. Adequate records shall be securely maintained by the 
institution to show attendance, progress, or grades, and to assure that 
satisfactory guidelines are followed relating to attendance, progress, and 
performance. Two copies of said records shall be maintained in secure places. 
Transcripts shall be issued upon the request of the students.
(17) Catalog. The institution shall provide students and other interested 
persons with a catalog or brochure containing information describing the 
purpose, length, and objectives of the programs offered by the institution; 
schedule of tuition, fees, and all other charges and expenses necessary for 
completion of the course of study; cancellation and refund policies; and such 
other material facts concerning the institution and the program or course of 
instruction as are reasonably likely to affect the decision of the student to 
enroll therein. Any disclosures specified by the board or defined in the rules 
shall be included. This information shall be provided to prospective students 
prior to enrollment. 
(18) Refund Policy. The institution shall publish and adhere to a fair and 
equitable cancellation and refund policy. 
(19) Credentials. Upon completion, the student shall be given appropriate 
educational credentials by the institution indicating that the program 
undertaken has been satisfactorily completed. 
(20) Academic Advising and Counseling. The institution shall provide an 
effective program of academic advising for all students enrolled. The program 
shall include orientation to the academic program, academic and personal 
counseling, career information and planning, placement assistance, and testing 
services. 
(21) Student Handbook. A handbook listing the student's rights and 
responsibilities shall be published and supplied to the student upon enrollment 
in the institution. The institution shall establish a clear and fair policy 
regarding due process in disciplinary matters and publish it in the handbook. 
(22) Health Services. The institution shall provide an effective program of 
health services and education reflecting the needs of the students. 
(23) Housing. The student housing owned, maintained, or approved by the 
institution, if any, shall be appropriate, safe, and adequate.
(24) Legal Compliance. The institution shall be maintained and operated in 
compliance with all ordinances and laws, including rules and regulations adopted 
pursuant thereto. 
(25) Open Representation of Activities. Neither the institution or its agents 
shall engage in advertising, recruiting, sales, collection, financial credit, or 
other practices of any type which are false, deceptive, misleading, or unfair. 
(b) The board may accept as evidence of compliance with the standards 
established in this section the accreditation of an institution by selected 
accrediting agencies if the commissioner, or his designated representatives, 
have participated in the review by such an agency of the institution operating 
in Texas and concur with the actions of that agency. This option shall not be 
construed as giving exempt status to an applicant institution so accredited if 
it has not already been exempted under sec.5.212(a)(1) of this title (relating 
to Exemptions); nor is it to be understood that the board may not require 
further evidence and make further investigations concerning whether the 
institution should be authorized to operate in Texas. 

sec.5.215.Certificate of Authority To Grant Degrees and Offer Courses at 
Nonexempt Institutions.
(a) Eligibility to apply. 
(1) Institutions which have been in operation in Texas and have complied with 
Texas statutes as non degree-granting institutions or educational or training 
establishments for a minimum of two years may make application to the board for 
a certificate of authority to grant degrees. As a minimum, the term "in 
operation" means to enroll students and to conduct classes. 
(2) Documentary evidence of compliance with paragraph (1) of this subsection 
must be filed with the application. 
(3) An institution must be fully operational as of the date of the on-site 
evaluation; i.e., it must have in-hand or under contract all the human, 
physical, administrative, and financial resources necessary to demonstrate its 
capability to meet the standards for nonexempt institutions. The conditions 
found at the institution as of the date of the on-site evaluation visit will 
provide the basis for the visiting team's evaluation and report, the 
certification advisory council's recommendation, the commissioner's 
recommendation, and the board's determination of the institution's 
qualifications for a certificate of authority. 
(b) Application for certificate of authority. 
(1) An institution may apply to the board for a certificate of authority to 
grant a degree in a specified program of study on forms provided by the board 
upon request. Institutions seeking a certificate of authority are urged to 
contact the Institutional Certification Office before filing a formal 
application. 
(2) Applications must be submitted in an original and four copies and 
accompanied by the fee described in sec.5.213(e) of this title (relating to 
Administrative Procedures Related to Certification of Nonexempt Institutions). 
(c) Issuance of certificate. 
(1) The board may issue a certificate of authority to grant a degree or degrees 
and to enroll students for courses which may be applicable toward a degree if it 
finds that the applicant institution meets the standards established by the 
board for certification. 
(2) The certificate of authority to grant degrees is valid for a period of two 
years from the date of issuance. 
(3) Certification by the State of Texas is not accreditation, but merely a 
protection of the public interest while the institution pursues accreditation 
from a recognized agency. Therefore, the institution awarded a certificate of 
authority shall not use terms to interpret the significance of the certificate 
which specify, imply, or connote greater approval than simple permission to 
operate and grant certain specified degrees in Texas. Terms which may not be 
used include, but are not limited to, "accredited," "supervised," "endorsed," 
and "recommended" by the State of Texas or agency thereof. Specific language 
prescribed by the commissioner which explains the significance of the 
certificate of authority shall be included in all publications, advertisements, 
and other documents where certification and the accreditation status of the 
institution are mentioned. 
(d) Renewal of certificate. 
(1) At least 180 days, but no more than 210 days, prior to the expiration of the 
current certificate of authority an institution, if it desires renewal, shall 
make application to the board on forms provided upon request. Reports not 
previously submitted to the board and related to the application for or renewal 
of accreditation to national or regional accrediting agencies shall be included. 
Formal application for renewal by the board shall be accompanied by the fee 
described in sec.5.213(e) of this title (relating to Administrative Procedures 
Related to Certification of Nonexempt Institutions). 
(2) The application for renewal of the certificate of authority will be 
evaluated in the same manner as that prescribed for evaluation of an initial 
application, except that the evaluation will include the institution's record of 
improvement and progress toward accreditation. 
(3) An institution may be granted consecutive certificates of authority for no 
longer than eight years. Absent sufficient cause, at the end of the eight years, 
the institution must have been accredited by a recognized accrediting agency. 
(4) If the institution has applied for and pursued accreditation in good faith, 
the board shall consider the application of any accreditation standard that 
prohibited accreditation of the institution on the basis of religious policies 
practiced by the institution as a prima facie justification for extending the 
institution's eligibility for certification if all other requirements of the 
board are satisfied. If the board determines that an institution has been unable 
to achieve accreditation by a recognized agency on the basis of religious 
policies practiced by the institution, the board will consider the institution 
eligible to apply for a certificate of authority, provided that all other 
standards are met at the level of accreditation and that such religious 
institutions shall be eligible to grant degrees of a religious nature only. 
(5) Subject to the restrictions of paragraph (3) of this subsection, the board 
shall renew the certificate if it finds that the institution has maintained all 
requisite standards and has complied with the provisions of this subchapter, as 
appropriate. 
(e) Amendments to a certificate of authority. 
(1) The chief administrative officer of each institution which has been issued a 
certificate of authority shall immediately notify the board of any change in 
principal location, ownership, governance, administrative personnel, faculty, or 
facilities at the institution or any other changes of a nature specified by the 
board. 
(2) An institution which wishes to amend an existing program of study to award a 
new or different degree during the period of time covered by its current 
certificate may file an application for amendment on forms provided by the board 
upon request. If the board finds that the new program of study meets the 
required standards, the board may amend the institution's certificate 
accordingly. 
(3) Applications for amendment shall be accompanied by the amendment to a 
certificate of authority fee described in sec.5.213(e) of this title (relating 
to Administrative Procedures Related to Certification of Nonexempt 
Institutions). 
(f) Authority to represent transferability of course credit. Any institution as 
defined in sec.5.211 of this title (relating to Definitions), offering degrees 
or not, may solicit students for and enroll them in courses on the basis that 
such courses will be credited to a degree program offered by another 
institution, provided that: 
(1) The other institution is named in such representation, and is accredited by 
an accrediting agency listed in sec.5.211 of this title (relating to 
Definitions); and 
(2) The courses are identified for which credit is claimed to be applicable to 
the degree programs at the other institution; and 
(3) The written agreement between the institution subject to these rules and the 
accredited institution is approved by both boards of trustees in writing and by 
its accrediting agencies, and is filed with the board. 

sec.5.216. Certificate of Registration for Agents of Nonexempt Institutions. 
(a) A person desiring to solicit or perform the services as an agent pursuant to 
the provisions of the Texas Education Code, Title 3, Chapter 61, Subchapter G 
shall make application for a certificate of registration on forms provided by 
the board on request. 
(b) The application shall be accompanied by the certificate of registration fee 
described in sec.5.213(e) of this title (relating to Administrative Procedures 
Related to Certification of Nonexempt Institutions).
(c) Upon request of the board, the agent will provide sufficient evidence of 
good character. 
(d) The agent's certificate of registration shall be issued for a two-year 
period. 
(e) At least 60 days, but no more than 120 days, prior to the expiration of an 
agent's certificate, the agent shall complete and file with the board an 
application for renewal 

sec.5.217.Off-Campus Operations, Changes of Level at Exempt Institutions, and 
Out-of-State Public Institutions.
(a) Off-Campus Operations. An exempt private institution must be approved by the 
board to operate a branch campus, extension center, or other off-campus unit in 
Texas except as noted in sec.5.212(a)(1) of this title (relating to Exemptions). 
An institution whose off-campus offerings approach the scale of a branch campus, 
extension center, or other off-campus unit, as defined in sec.5.211 of this 
title (relating to Definitions), must submit a description of its plans, 
including such information as provided for on an application form furnished by 
the board. Upon receipt of an acceptable planning letter, the commissioner may 
authorize the institution to continue the planned activity, on a temporary 
basis, pursuant to a formal review and evaluation. 
(b) Occasional courses. An exempt private institution may offer occasional 
degree-credit courses at off-campus sites in Texas without prior approval of the 
board. Nonexempt private institutions must request prior board approval for all 
off-campus credit courses using forms provided by the board. 
(c) Branch campuses at certified schools. A certified but unaccredited 
institution may not operate a branch campus. 
(d) Changes of level for exempt private institutions. An institution which is 
exempt by accreditation from a recognized agency and which has established 
stability by being so accredited for the previous 10 years and which wishes to 
expand to a different degree level not covered by its existing accreditation may 
submit a description of its plans, including such information as provided for on 
an application form furnished by the board, instead of seeking a certificate of 
authority. If the plan is found to be acceptable, the institution will be 
granted state authorization by the commissioner to seek the change in level with 
the accrediting agency. If the plan is found to be unacceptable, the institution 
may seek a certificate of authority by the procedures listed in sec.5.215 of 
this title (relating to Certificate of Authority To Grant Degrees and Offer 
Courses at Nonexempt Institutions). 
(e) Out-of-state public institutions of higher education. An out-of-state public 
institution of higher education as defined in sec.5.211 (relating to 
Definitions) must have approval of the Coordinating Board to offer a course or a 
grouping of courses within the State of Texas (the Education Code, Chapter 61, 
Subchapter H). The institution must submit a description of its plans prior to 
the offering of the courses, including such information as provided for on an 
application form furnished by the board. The application will be subject to 
review under the rules in this title relating to private, nonexempt institutions 
of higher education. 

sec.5.218.Denial of Certificates to Institutions and Agents.
(a) If the board, upon review and consideration of an application for a 
certificate of authority, or for an agent's certificate of registration, or for 
renewal of either, shall determine that the applicant fails to meet the 
requisite criteria promulgated in this subchapter, the board shall so notify the 
applicant, setting forth the reasons for denial in writing.
(b) In the event the board denies an application for an agent's certificate, or 
for renewal thereof, it shall so notify the institution or institutions which 
said agent represented or proposed to represent, according to the records of the 
board, and shall include the reasons for denial. 
(c) The board may allow institutions which have been denied a renewal of their 
certificate of authority to continue to award degrees for up to two years after 
the denial to students who were enrolled in a degree program covered by the 
certification. The institution must help students who are not able to finish the 
degree requirements within that time to transfer to other institutions. This 
allowance is not automatic and will not be extended to institutions who are 
found to be extremely deficient or to have engaged in fraudulent practices as 
determined by the board. In any event, no new students may be enrolled in degree 
programs after the date of denial. 

sec.5.219.Revocation of Certificates to Nonexempt Institutions and Agents.
(a) The board may revoke an institution's certificate of authority to grant 
degrees at any time if it finds that: 
(1) any statement contained in an application for the certificate is untrue; 
(2) the institution has failed to maintain the faculty, facilities, equipment, 
and programs of study on the basis of which the certificate was issued; 
(3) advertising or representations made on behalf of and sanctioned by the 
institution is deceptive or misleading; or 
(4) the institution has violated any provision of this subchapter. 
(b) The board may revoke an agent's certificate of registration at any time if 
it finds that: 
(1) any statement contained in the application is untrue; 
(2) the institution represented has had its certificate of authority revoked; 
(3) the agent makes false, deceptive, or misleading statements while attempting 
to solicit residents of this state as students; or 
(4) the agent has violated any provision of this subchapter.

sec.5.220.Prohibitions Applicable to Nonexempt Institutions. 
(a) A person may not: 
(1) Grant, award, or purport to offer a degree on behalf of a nonexempt 
institution unless the institution has been issued a certificate of authority to 
grant the degree by the board in accordance with the provisions of the 
subchapter; 
(2) represent that credits earned or granted by that person or institution are 
applicable for credit toward a degree to be granted by some other person or 
institution except under conditions and in a manner specified under sec.5.216 of 
this title (relating to Certificate of Authority To Grant Degrees and Offer 
Courses at Nonexempt Institutions), and approved by the board; 
(3) award an honorary degree on behalf of a private postsecondary educational 
institution subject to the provisions of the subchapter, unless the institution 
has been awarded a certificate of authority to award such a degree, and, 
further, unless the degree shall plainly state on its face that it is honorary; 
(4) Use the term "college", "university", "seminary", "school of medicine", 
"medical school", "health science center", "school of law", "law school", or 
"law center", its abbreviation, or its foreign cognate in the official name or 
title of a nonexempt private postsecondary educational institution or describe 
an institution using any of these terms or a term having a similar meaning; 
(5) Use the term "college", "university", "seminary", "school of medicine", 
"medical school", "health science center", "school of law", "law school", or 
"law center", its abbreviation, or its foreign cognate in the official name or 
title of an educational or training establishment or describe an institution 
using any of these terms or a term having a similar meaning; 
(b) A person operating an institution not exempt from this subchapter that has 
not been issued a certificate of authority, but is otherwise legally operating, 
and that has in its official name or title a term protected under subsection 
(a)(4) and (5) of this section shall remove the protected term from the name or 
title not later than September 1, 1999 unless the term "college" or "university" 
was used in the official name or title of the institution before September 1, 
1975. 

sec.5.221.Administrative Procedures Related to the Assessment of Penalties 
Against Nonexempt Institutions.
(a) If a person violates a provision of this subchapter, the commissioner may 
assess an administrative penalty against the person as provided by law. 
(b) If the commissioner concludes that a violation has occurred, the 
commissioner shall issue a written notice of the administrative penalty by 
certified mail to the person charged with the violation. The notice shall state 
the facts on which the conclusion is based, the amount of the recommended 
penalty, and the right of the person to a hearing relating to the alleged 
violation. 
(c) Not later than the twentieth day after the date on which the person receives 
the notice, the person charged must either make a written request for a hearing 
or remit the amount of the penalty to the commissioner. Failure either to 
request a hearing or to remit the amount of the penalty within the time provided 
by this subsection results in a waiver of a right to a hearing under this 
section. If the person charged requests a hearing, the hearing shall be 
conducted in the manner provided by Chapter 2001, Government Code. The 
administrative law judge shall make findings of fact and conclusions of law and 
promptly issue to the board a proposal for a decision about the occurrence of 
the violation and the amount of the proposed penalty. 
(d) Based on the findings of fact, conclusions of law, and proposal for 
decision, the board by order may: 
(1) find that a violation has occurred and impose a penalty; or 
(2) find that a violation has not occurred. 
(e) The board shall give written notice of the order to the person. Not later 
than the thirtieth day after the date the board's order is final the person 
shall pay the amount of the penalty. 
(f) If the person does not pay the amount of the penalty, the commissioner may 
refer the matter to the attorney general for collection of the amount of the 
penalty. 

sec.5.222. Administrative Penalties for Nonexempt Institutions.
(a) Any person who confers or offers to confer a degree on behalf of an 
institution subject to the provisions of this subchapter which has not been 
issued a certificate of authority to grant degrees or who represents that 
credits earned or granted by that person or institution are applicable for 
credit toward a degree to be granted by another person or institution except 
under conditions and in a manner specified and approved by the board shall be 
assessed an administrative penalty of not less than $1,000 or more than $5,000. 
Each degree conferred without authority constitutes a separate offense. 
(b) Any person who establishes a private postsecondary educational institution 
that is not exempt from this subchapter and uses a term protected under this 
subchapter in the official name of the institution without first having been 
issued a certificate of authority for the institution under this subchapter or 
any person who establishes an educational or training establishment and uses a 
term protected under this subchapter in the official name or title of the 
establishment shall be assessed an administrative penalty of not less than 
$1,000 or more than $3,000. 
(c) Any agent who solicits students for enrollment in an institution subject to 
the provisions of this subchapter without a certificate of registration shall be 
assessed an administrative penalty of not less than $500 or more than $1,000. 
Each student solicited without authority constitutes a separate offense. 
(d) Any operations which are found after due process to be in violation of the 
law shall be terminated. 

sec.5.223.Injunctions Against Nonexempt Institutions. 
(a) The commissioner may report information concerning a possible violation of 
this subchapter to the attorney general. The attorney general shall make the 
necessary investigations and shall bring suit to enjoin any violation of this 
subchapter. 
(b) An action for an injunction under sec.5.223 of this title (relating to 
Injunctions Against Nonexempt Institutions) shall be brought in a district court 
in Travis County. 

sec.5.224.Civil Penalty Against Nonexempt Institutions. 
(a) A person who violates this subchapter or a rule adopted under this 
subchapter is liable for a civil penalty in addition to any injunctive relief or 
any other remedy. A civil penalty may not exceed $1,000 a day for each 
violation. 
(b) The attorney general, at the request of the board, shall bring a civil 
action to collect a civil penalty under sec.5.224 of this title (relating to 
Civil Penalty Against Nonexempt Institutions). 

sec.5.225.Judicial Procedures for Nonexempt Institutions.
An institution whose application for a certificate of authority, amendment to a 
certificate of authority, or certificate of registration is denied or whose 
existing certificate is revoked, shall receive a written notice of the reasons 
for the denial or revocation. The institution may request a hearing under 
Chapter 2001, Government Code to seek administrative remedy. An institution must 
submit to the board a written request for hearing within 45 days of the board's 
decision. 
Issued in Austin, Texas, on August 15, 1997.
TRD-9710730
James McWhorter
Assistant Commissioner for Administration
Texas Higher Education Coordinating Board
Effective date: August 15, 1997
Expiration date: December 15, 1997
For further information, please call: (512) 483-6162

SUBCHAPTER P.Testing and Remediation
19 TAC sec.sec.5.311-5.318
The Texas Higher Education Coordinating Board adopts emergency repeals of 
Chapter 5, Subchapter P, sec.sec.5.311-5.318, concerning Testing and 
Remediation. 
The rule is to be adopted on an emergency basis pursuant to sec.2001.034 of the 
Texas Government Code, which allows a state agency to adopt an emergency rule if 
a requirement of state or federal law requires adoption of the rule on less than 
30 days notice. 
The repeals are being proposed for emergency action to place into rule 
provisions of legislation contained in Senate Bill 148 passed by the 75th 
Legislature.
The repeals are proposed under House Bill 588, 75th legislative session and 
Texas Education Code, sec.51.306 and sec.51.307. 
sec.5.311.Purpose.
sec.5.312.Definitions.
sec.5.313.Eligibility and Exemptions.
sec.5.314.Administration.
sec.5.315.Alternative Assessment.
sec.5.316.Standards.
sec.5.317.Remediation and Advisement.
sec.5.318.Institutional Reporting.
Issued in Austin, Texas, on August 15, 1997. 
TRD-9710734
James McWhorter
Assistant Commissioner for Administration
Texas Higher Education Coordinating Board
Effective date: August 15, 1997
Expiration date: December 
For further information, please call: (512) 483-6162

SUBCHAPTER P.Testing Developmental Education
19 TAC sec.sec.5.311-5.318
The Texas Higher Education Coordinating Board adopts emergency new Chapter 5, 
Subchapter P, sec.sec.5.311-5.318, concerning Testing and Developmental 
Education.
The rule is to be adopted on an emergency basis pursuant to sec.2001.034 of the 
Texas Government Code, which allows a state agency to adopt an emergency rule if 
a requirement of state or federal law requires adoption of the rule on less than 
30 days notice. 
The rules are being proposed for emergency action to place into rule provisions 
of legislation contained in Senate Bill 148 passed by the 75th Legislature.
The new rules are proposed under House Bill 588, 75th legislative session and 
Texas Education Code, sec.51.306 and sec.51.307.

sec.5.311.Purpose.
In accordance with, and under the authority of Texas Education Code (TEC) 51.306 
and 51.403, this subchapter is intended to delineate policies relating to the 
Texas Academic Skills Program (TASP) and the treatment of students in public 
institutions of higher education who do not pass one or more sections of the 
Texas Academic Skills Program Test.

sec.5.312.Definitions.
The following words and terms, when used in this subchapter, shall have the 
following meanings, unless the context clearly indicates otherwise. 
Blind student and Deaf student--For the purpose of this subchapter "blind 
student" and "deaf student" mean students who are blind or deaf persons as 
defined by sec.54.205(a) of the Texas Education Code.
Developmental Education--For the purposes of this subchapter is defined as 
courses, tutorials, laboratories, or other efforts to bring student skill levels 
in reading, writing and mathematics to entering college level. Does not include 
courses in English as a Second Language (ESL), study skills or thinking skills.
Extension requests--Requests to extend TASP compliance deadlines for students 
who have not taken the test due to circumstances beyond their control. 
Freshman--A matriculated student who has accumulated fewer than thirty college-
level semester credit hours or the equivalent.
Minimum Passing Standard--Statewide testing standard all public postsecondary 
students, unless exempt, must meet or exceed on each section of the TASP Test to 
leave state mandated developmental education or to progress to upper division 
course work or to graduate from a Texas public postsecondary institution.
Non-Degree Credit Course--A course which may not be counted toward a degree or 
certificate. Includes developmental, pre-collegiate and continuing education 
courses.
Pre-TASP Test--A local placement test that may be administered and scored by 
qualified campus personnel on a schedule determined by the institution. 
Testing irregularity--Any occurrence in the course of administering the TASP 
Test or detected after administration of the test that violates rules of test 
participation, standards of test security and/or academic honesty. 
Texas Academic Skills Program (TASP) Test--The test required by TEC 51.306 which 
shall be uniformly administered statewide on days prescribed by the Board and 
shall be scored by the testing contractor. The test measures college readiness 
in reading, writing and mathematics and includes a written essay. It is 
administered under secure conditions and each student is provided with 
diagnostic information regarding test performance.
Upper-division course--Any degree credit course beyond the sophomore level as 
defined by a four year senior university, and any degree credit course offered 
by an upper-level institution.

sec.5.313.Eligibility and Exemptions.
(a) Eligibility 
(1) All students in the following categories who enter public institutions of 
higher education must be tested for reading, writing and mathematics skills: 
(A) All full-time and part-time freshmen enrolled in a college-level certificate 
program or degree program; and 
(B) Any other student, including transfers from private or out-of-state 
institutions, prior to the accumulation of nine or more college-level semester 
credit hours or the equivalent at a Texas public institution of higher 
education. 
(2) Non-degree credit courses may not be counted toward the accumulation of the 
semester credit hours referred to in paragraph (1) (B) of this section. 
(3) A high school student who has passed the exit-level assessment required 
under TEC Section 39.023 (TAAS) shall be encouraged to take the TASP Test while 
enrolled in high school unless otherwise exempt. The Board shall work with the 
Texas Education Agency to encourage eligible students to take the test; however, 
taking the test shall be voluntary.
(A) Each eligible high school student shall pay for the cost of taking the test 
unless funds are appropriated for that purpose. If funds are appropriated for 
that purpose, the Board and the Texas Education Agency shall develop a mechanism 
for the payment of the cost of the test. 
(B) The test shall be offered to high school students outside of regularly 
scheduled school days and at locations throughout the state.
(C) A high school student who fails to achieve the minimum passing standard set 
by the Board may not be required to take developmental classes while in high 
school and may not take collegiate level classes related to portions of the test 
that have not been passed. However, after graduation from high school, a student 
who enters a public institution of higher education must comply with the 
provisions in TEC 51,306. 
(D) A high school student who achieves the minimum passing standard set by the 
Board shall be deemed to have met the requirements of TEC 51.306 when enrolling 
at an institution of higher education, provided that the student enrolls in the 
institution not later than five years from the date the test is taken and the 
set score level is achieved. A student enrolling for the first time in an 
institution of higher education after the five-year period has elapsed must 
comply with all provisions of TEC 51.306. The five-year period will begin on the 
date when the minimum passing standard is achieved on each test section. 
(E) The Board shall work with the Texas Education Agency to provide high school 
students, their parents, and their schools with information about the TASP and 
assist them in interpreting the results of the test. 
(F) Institutions of higher education shall actively encourage eligible students 
from area high schools to take the TASP Test while still in high school and 
shall provide TASP information to those high schools.
(4) No student may graduate from a Level-Two certificate program (43-59 semester 
credit hours or the equivalent), an associate degree program or a baccalaureate 
degree program without having passed all sections of the TASP Test, unless the 
student is exempted under subsection (b) of this section or meets requirements 
specified in sec.5.313(a)(6) below.
(5) After successful completion of an appropriate developmental program, a 
student must retake appropriate sections of the TASP Test. 
(6) A student may not enroll in any upper-division course completion of which 
would give the student 60 or more college-level semester credit hours or the 
equivalent until the student: 
(A) achieves the minimum passing standard on the TASP Test in each skill area 
(reading, writing and math) for which developmental education was required; or 
(B) earns a grade of "B" or better in a freshman-level credit course in the 
skill area of the assessed deficit in accordance with sec.5.318 of this 
subchapter. The student may continue to enroll in lower-division or non-degree 
credit courses only. 
(7) An institution which by law may not offer lower-division courses may use 
performance on the TASP Test as a condition of admission.
(8) A health science center may use performance on the TASP Test as a condition 
of admission only to upper-level programs. 
(9) All students who enter a Texas public institution of higher education for 
the first time, other than those exempted by this subchapter, must take the TASP 
Test prior to the end of the semester in which they accumulate nine or more 
college-level semester credit hours. This also applies to high school students 
who accumulate college-level hours.
(10) If any student under paragraph (9) of this subsection fails to take the 
TASP Test during the designated semester, the student will not be permitted to 
re-enroll or to enroll in any Texas public higher education institution in any 
courses other than non-degree credit courses until he or she has taken the 
examination. Students may retake courses for which credit has already been 
granted (for no additional credit), and may also audit courses. 
(11) Blind students will take the TASP Test with appropriate accommodations and 
deaf students will take the Stanford Achievement Test nationally normed on the 
hearing impaired population by Gallaudet University. Deaf students who fail 
portions of the Stanford Achievement Test must enroll in developmental education 
each term and may not graduate until all sections of the test are passed. Until 
amended by the Board, minimum passing standards on the Stanford Achievement Test 
to be used in lieu of the TASP Test are:
(A) Reading Comprehension - 652 scaled score, 29 raw score;
(B) Mathematics Total - 682 scaled score, 66 raw score; 
(C) Language Total - 662 scaled score, 37 raw score; and 
(D) Study Skills - 663 scaled score, 19 raw score. 
(12) Texas public institutions of higher education offering collegiate-level 
credit to students via Multi-Institution Teaching Centers (MITCs) or to in-state 
students by distance learning delivery systems must meet all TASP requirements 
specified in TEC 51.306. 
(b) Exemptions 
(1) Any student with at least three college-level semester credit hours or the 
equivalent from an accredited institution accumulated prior to the fall of 1989 
shall not be required to take the TASP Test regardless of any election of 
academic fresh start (TEC 51.929). Such credit hours must be certified as 
college-level by the granting institution and need not be applicable toward a 
degree or certificate. 
(2) Students who perform at or above a level set by the Coordinating Board on 
the ACT, Scholastic Assessment Test (SAT) or exit-level Texas Assessment of 
Academic Skills (TAAS) shall be exempt from the TASP Test requirement. This 
exemption will be in effect for five years from the date the ACT or SAT was 
taken and for three years from the date the TAAS Test was taken. While tests may 
be retaken, ACT or SAT scores meeting or exceeding the standard set by the Board 
must be achieved on a single test administration. TAAS scores must meet or 
exceed exemption standards on the first attempt. The standard set by the Board 
may not exceed a level that is equivalent to a 95 percent probability of passing 
the TASP Test. Effective fall 1997 and until amended by the Board, standards for 
exemption from the TASP are: 
(A) ACT: composite score of 23 with a minimum of 19 on both the English and the 
mathematics tests; or 
(B) SAT: combined verbal and mathematics score of 1070 with a minimum of 500 on 
both the verbal and the mathematics tests (recentered scale for tests taken 
April 1995 and thereafter); or 
(C) SAT: for tests taken prior to April 1995, a combined verbal and mathematics 
score of 970, with a minimum of 420 on the verbal test and 470 on the 
mathematics test; or 
(D) TAAS: a minimum scale score of 1770 on the writing test, a Texas Learning 
Index (TLI) of 86 on the mathematics test and 89 on the reading test. 
(3) An institution may exempt a non-degree-seeking or non-certificate-seeking 
student who will be 55 years of age or older on the first class day of a term or 
semester from the testing requirements imposed by this section as a condition 
for enrollment during that term or semester in a course. 
(4) Students who enroll on a temporary basis in an institution of higher 
education, and are also enrolled in a private or independent institution of 
higher education or an out-of-state institution of higher education or have 
graduated from an institution of higher education, a private or independent 
institution of higher education, or an out-of-state institution of higher 
education may be exempt from the requirements of TEC 51.306. 
(5) TASP requirements do not apply to students enrolled in certificate programs 
of one year or less (Level-One, 42 or fewer semester credit hours or the 
equivalent). 
(6) A student who has been diagnosed as having dyslexia or a related disorder, 
as those terms are defined by TEC 38.003, or a specific learning disability in 
mathematics by a qualified professional whose license or credentials are 
appropriate to diagnose the disorder or disability as determined by the board 
and who completes the developmental program prescribed by the institution may be 
required to retake the test once but may not be referred to an additional 
developmental course or other developmental program or precluded from enrolling 
in an upper-division course or graduating because of the student's performance 
on the test. 
(7) A student who is a citizen of a country other than the United States and is 
not seeking a degree or Level-Two certificate is exempt from the requirements of 
TEC 51.306. 
(8) A student who has graduated with a baccalaureate degree from an accredited 
institution of higher education is exempt from the requirements of TEC 51.306. 

sec.5.314.Administration.
(a) All institutions shall use the TASP Test and testing procedures prescribed 
by the Board. The same instrument shall be used at all public institutions of 
higher education. 
(b) The content of the TASP Test, as defined and reviewed by Texas higher 
education faculty and approved by the Coordinating Board, fulfills the statutory 
requirements of TEC 51.306. 
(c) Once a student has passed any section of the TASP Test, his or her score 
shall remain active. Test sections passed while a student is in high school are 
valid for a period of five years per 5.313(a)(3)(D).
(d) A public institution of higher education serving as a testing site may not 
charge students for site costs. 
(e) An institution may not charge a student more than $4.00 for the 
administration and scoring of the Pre-TASP Test. 
(f) Policies relating to these rules must be followed as they are described and 
further extended in the TASP Policy Manual. 
(g) Each institution of higher education shall provide information in the 
institution's catalog relating to the testing and developmental education 
requirements of TASP and of the rules adopted by the Board. 
(h) TASP Test scores may be withheld and/or canceled for any student who is 
suspected of committing a testing irregularity during the TASP Test 
administration. A student whose TASP Test scores have been withheld shall 
receive prompt notification of the reasons why the scores have been withheld and 
shall be entitled to due process of law prior to any cancellation of scores. 
Institutions may be notified in the event the student is found to have committed 
a testing irregularity. 
(i) The Commissioner of Higher Education has the authority to grant or reject 
extension requests. 

sec.5.315.Standards.
Effective 9/16/95 and until amended by the Board, minimum passing scaled score 
standards for the TASP Test are set at: Reading - 230; Mathematics - 230; 
Writing - 220.

sec.5.316.Developmental Education and Advisement. 
(a) For initial placement of a student, an institution may use any appropriate 
diagnostic assessment procedures. 
(b) A student whose performance is below the minimum passing standard set by the 
Board for a tested skill area on the TASP Test must participate continuously in 
a developmental education program. "Continuously" means that during each 
semester in which a student is enrolled, he or she must participate and be 
enrolled in a developmental course or other developmental program provided by 
the institution. 
(c) If the TASP Test results indicate that developmental education is necessary 
in any area tested, the institution shall refer the student to developmental 
courses or other types of developmental programs made available by the 
institution. Developmental education must begin as soon as possible, but not 
later than the beginning of the next semester. On successful completion of the 
developmental coursework or program prescribed by the institution, the student 
shall retake those portions of the TASP Test for which developmental education 
was required. 
(d) Each institution shall make available those courses and programs on the same 
campus or center at which the student would otherwise attend classes. Where 
there are multiple centers or sites for classes, an institution may designate a 
principal site or sites where developmental education will be conducted. 
(e) An institution may elect to provide developmental programs or courses on its 
campus by contracting with a second institution to deliver the instruction. If 
such an arrangement is made, the host institution will be responsible for the 
quality and effectiveness of developmental education.
(f) An upper level institution or health science center that admits a student 
who has not passed the TASP Test is responsible for providing developmental 
instruction on campus either through the provision of non-degree credit 
developmental programs or by contracting with another institution, as provided 
in subsection (e) of this section. 
(g) Developmental courses and programs may not be considered as credit toward 
completion of degree or certificate requirements. 
(h) Each institution shall establish an advising program to advise students at 
every level of undergraduate courses and degree options that are appropriate for 
the individual student. 
(i) Each institution shall formulate policies to require and monitor students' 
continuous participation in appropriate developmental courses and/or other types 
of programs until such students have passed all sections of the TASP 
examination. 
(j) The faculty of each institution should review its degree credit and 
certificate courses, and may identify those courses for which students must 
demonstrate prior successful performance on one or more parts of the TASP 
examination. Each institution adopting such a placement plan shall file it with 
the Board. In the absence of such a placement plan, students would be eligible 
to enroll concurrently in developmental programs and college level courses, 
subject to appropriate advisement. 
(k) When students are concurrently enrolled in multiple Texas public 
institutions of higher education, the institution where the student first 
registers and pays full tuition charges (TEC 54.062) takes precedence for the 
provision of developmental education in accordance with subsections (d) and (e) 
of this section. 

sec.5.317.Reporting and Funding.
(a) Institutional Reporting 
(1) Each institution shall report annually to the Board, on or before a day set 
by rule of the Board and in a manner prescribed by the Board, data concerning 
the results of the students being tested and the effectiveness of the 
institution's developmental program and advising program.
(2) Each institution of higher education shall report to the Board (in 
accordance with TEC 51.403e) the following information on student performance 
during the first year enrolled after graduation from high school: TASP Test 
scores, developmental education courses required, and grade point average. 
(b) Coordinating Board Reporting 
(1) In accordance with 51.306(k), the Board shall publish annually reports on 
the effectiveness of developmental education, the effectiveness of academic 
advising, and student performance during the first year enrolled after 
graduation from high school. 
(2) Annual reports on the effectiveness of advising shall contain information 
about the institution's total advisement program.
(c) Funding. A general academic teaching institution (university) may not 
receive funding for developmental courses taken by a student in excess of 18 
semester credit hours; a public community or technical college may not receive 
funding for developmental courses taken by a student in excess of 27 semester 
credit hours or the equivalent. All developmental hours funded by the state must 
be counted toward each student's total number of developmental hours at a given 
institution. 
(d) Audits. 
(1) Each institution is responsible for full compliance with TEC 51.306 and the 
rules adopted by the Board. Failure to comply with the TASP statute and rules by 
admitting students to take semester credit hours or the equivalent who have not 
taken or passed the TASP Test (when applicable), or any other act or omission 
that results in the accumulation of semester credit hours or the equivalent in 
violation of the TASP statute and rules shall be a basis for disallowing those 
credits by audit, resulting in an adjustment of the dollar amounts of 
institutional funds. The funding adjustment will be based on credit hours used 
in the contact hours base period that have been disallowed as a result of audit. 
(2) The State Auditor has the right to audit the TASP programs at institutions 
of higher learning for compliance utilizing the TASP statute, rules, and policy 
manual. 

sec.5.318.Students Who Earn a "B" or Better in Freshmen-level Credit Courses.
(a) A student who initially fails one or more sections of the TASP Test must 
successfully complete the developmental program(s) prescribed by the institution 
and must then retake the appropriate sections of the TASP Test. A student who 
fails the retake may then be allowed to take a collegiate level course approved 
by the Board in Section 5.318(b) below. Students attempting such courses are not 
required to be concurrently enrolled in a developmental activity. A student who 
earns a grade of "B" (3.0 on a 4.0 scale) or better in such a course in the 
skill area in which a deficit was assessed shall not be required to achieve the 
minimum passing standard on the TASP Test and shall not be prohibited from 
graduating or continuing with his/her program of study. Institutions shall 
clearly indicate on an official transcript the fact that a student has met the 
TASP requirement. 
(b) The following are the freshmen-level credit courses, identified by their 
Common Course Numbers, approved by the Board in accordance with TEC 51.306(g): 
(1) Writing 
(A) ENGL 1301 (Composition I); or 
(B) ENGL 1302 (Composition II) 
(2) Reading (Courses selected for reading at any institution must be reading 
intensive) 
(A) HIST 1301, 1302 (U. S. History); 
(B) ENGL 2321, 2322, 2323 (British Literature); 
(C) ENGL 2331, 2332, 2333 (World Literature); 
(D) ENGL 2326, 2327, 2328 (American Literature); 
(E) PSYCH 2301 (General Psychology); or 
(F) GOVT 2301,2302,2305,2306 (American Government) 
(3) Mathematics 
(A) MATH 1332 (College Mathematics); 
(B) MATH 1333 (College Mathematics); 
(C) MATH 1314 (College Algebra); or 
(D) MATH 1316 (Plane Trigonometry). 
(c) Students enrolling at Texas public institutions of higher education in the 
fall semester of 1997 or thereafter who have failed one or more sections of the 
TASP Test, completed the prescribed developmental education sequence to the 
satisfaction of the institution, retaken and failed sections of the TASP Test 
following the completion of developmental education, but who have previously 
earned a grade of "B" or better in an appropriate course approved by the Board, 
may use that course to fulfill the requirements of TEC 51.306(g). 
Issued in Austin, Texas, on August 15, 1997.
TRD-9710732
James McWhorter
Assistant Commissioner for Administration
Texas Higher Education Coordinating Board
Effective date: August 15, 1997
Expiration date: December 15, 1997
For further information, please call: (512) 483-6162

TITLE 22. EXAMINING BOARDS
PART IX. Texas State Board of Medical Examiners
CHAPTER 194.Non-Certified Radiologic Technicians
22 TAC sec.sec.194.1-194.11
The Texas State Board of Medical Examiners adopts on an emergency basis new 
sec.sec.194.1-194.11, regarding non-certified radiologic technicians. The new 
sections will outline the requirements for registration and disciplinary action 
relating to persons who perform radiologic procedures under the supervision of 
licensed physicians. The new sections are being adopted to implement the 
provisions of the Medical Radiologic Technologist Certification Act, Texas Civil 
Statutes, Article 4512m. 
These sections are being adopted on an emergency basis due to the deadline for 
training requirements for non-certified radiologic technicians imposed by the 
legislature. 
The new sections are adopted on an emergency basis under the Medical Practice 
Act, Texas Civil Statutes, Article 4495b, sec.2.09(a), which provides the Texas 
State Board of Medical Examiners with the authority to make rules, regulations 
and bylaws not inconsistent with this Act as may be necessary for the governing 
of its own proceedings, the performance of its duties, the regulation of the 
practice of medicine in this state, and the enforcement of this Act. 

sec.194.1.Purpose.
The purpose of these rules is to implement the provisions of the Medical 
Radiologic Technologist Certification Act, sec.2.08 Texas Civil Statutes, 
Article 4512m, applicable to non-certified radiologic technicians or non-
certified technicians. 

sec.194.2. Definitions.
The following words and terms, when used in this chapter, shall have the 
following meanings, unless the context clearly indicates otherwise. 
Board-The Texas State Board of Medical Examiners.
Non-certified technician (NCT) or registrant-A person who is registered with the 
board and either:
(A) is listed on the registry with the Texas Department of Health and meets one 
of the following qualifications listed in clauses (i) and (ii) of this 
subparagraph on or after January 1, 1998; 
(i)<ol> has completed a mandatory training program under 25 Texas Administrative 
Code, sec.143.17 (relating to Mandatory Training Programs for Non-Certified 
Technicians); or 
(ii)<ol> if the person is licensed as a physician assistant in the State of 
Texas, has completed a mandatory training program under 25 Texas Administrative 
Code, sec.143.17 (relating to Mandatory Training Programs for Non-Certified 
Technicians) or has met the alternate training requirements under 25 Texas 
Administrative Code, sec.143.20 (relating to Alternate Training Requirements); 
or 
(B) performs radiologic procedures for a physician to whom a hardship exemption 
was granted by the Texas Department of Health within the previous year, as 
defined in 25 Texas Administrative Code, sec.143.19 (relating to Hardship 
Exemptions). 
Supervision-Responsibility for and control of quality, radiation safety and 
protection, and technical aspects of the application of ionizing radiation to 
human beings for diagnostic purposes.

sec.194.3.Registration.
(a) Any person in the State of Texas performing radiologic procedures, as 
defined in sec.194.5 of this title (relating to Non-Certified Technician's Scope 
of Practice), under the supervision of a licensed Texas physician must be 
registered with the Texas State Board of Medical Examiners. The physician must 
be registered with the board to supervise the non-certified technician. 
(b) This section does not apply to registered nurses or to persons certified by 
the Department of Health under the Medical Radiologic Technologist Certification 
Act. 
(c) An applicant shall apply for registration with the board on a form provided 
by the board and shall pay the appropriate fee established by the board. Each 
physician, who supervises a non-certified technician, shall apply on a separate 
application form. 
(d) Applicants shall be 18 years of age or older and either:
(1) provide proof of the applicant's registry with the Texas Department of 
Health and meet one of the following qualifications listed in subparagraphs (A) 
and (B) of this paragraph: 
(A) receive training and instruction as required in 25 Texas Administrative 
Code, sec.143.17 (relating to Mandatory Training Programs for Non-Certified 
Technicians); or 
(B) if licensed as a physician assistant, receive training and instruction as 
required in 25 Texas Administrative Code, sec.143.17 (relating to Mandatory 
Training Programs for Non-Certified Technicians) or meet the alternate training 
requirements in 25 Texas Administrative Code, sec.143.20 (relating to Alternate 
Training Requirements); or 
(2) perform radiologic procedures for a physician to whom a hardship exemption 
was granted by the Texas Department of Health within the previous year under 25 
Texas Administrative Code, sec.143.19 (relating to Hardship Exemptions).

sec.194.4.Annual Renewal. 
(a) Registrants shall renew the registration annually by submitting a 
registration application, paying a fee, as specified by the board, to the Texas 
State Board of Medical Examiners by cashiers check or money order, and providing 
proof of the registrant's renewal of status on the Texas Department of Health 
registry. 
(b) If the annual registration fee and if proof of the registrant's renewal 
status on the Texas Department of Health registry is not received on or before 
the expiration date of the registration, the following penalty as shown in 
paragraphs (1) and (2) of this subsection will be imposed: 
(1) one to 90 days late - $25 plus the required annual registration fee; 
(2) over 90 days late - registration will be submitted to the board for 
cancellation. 
(c) The board by rule may adopt a system under which registrations expire on 
various dates during the year. For the year in which the expiration date is 
changed, registration fees payable on or before January 1 shall be prorated on a 
monthly basis so that each registrant shall pay only that portion of the 
registration fee which is allocable to the number of months during which the 
registration is valid. On renewal of the registration on the new expiration 
date, the total registration is payable. 
(d) Registrants shall inform the board of address changes within two weeks. 

sec.194.5.Non-Certified Technician's Scope of Practice.
(a) A registrant may only perform the following radiologic procedures, as listed 
in paragraphs (1) and (2) of this subsection unless otherwise expressly 
permitted by statute or rule: 
(1) bone densitometry utilizing a dual energy x-ray densitometer; or 
(2) chest, spine, extremities, abdomen, skull studies or other radiologic 
procedures utilizing standard film or film screen combinations and an x-ray tube 
that is stationary at the time of exposure; however, a registrant may not 
perform a procedure which has been identified as dangerous or hazardous by the 
Texas Department of Health in 25 Texas Administrative Code, sec.143.16 (relating 
to Dangerous or Hazardous Procedures). 
(b) A registrant, other than a physician assistant, shall perform all radiologic 
procedures under the direct supervision or instruction of a physician in the 
State of Texas. 
(c) A supervising physician may not order, instruct, or direct a registrant to 
perform a radiologic procedure other than in compliance with applicable statutes 
and rules. 
(d) All registrants must comply with the safety rules of the Texas Department of 
Health relating to the control of radiation as set forth in the Texas 
Regulations for the Control of Radiation, 25 Texas Administrative Code, Chapter 
289.

sec.194.6. Suspension, Revocation or Nonrenewal of Registration. 
(a) The board may refuse to issue a registration to an applicant and may, 
following notice of hearing and a hearing as provided for in the Administrative 
Procedure Act, take disciplinary action against any non-certified technician 
who: 
(1) violates the Medical Practice Act, the rules of the Texas State Board of 
Medical Examiners, an order of the board previously entered in a disciplinary 
proceeding, or an order to comply with a subpoena issued by the board; 
(2) violates the Medical Radiologic Technologist Certification Act or the rules 
promulgated by the Texas Department of Health; 
(3) violates the rules of the Texas Department of Health for control of 
radiation; 
(4) obtains, attempts to obtain, or uses a registration by bribery or fraud; 
(5) engages in unprofessional conduct, including, but not limited to, conviction 
of a crime, commission of any act that is in violation of the laws of the State 
of Texas if the act is connected with provision of health care, and commission 
of an act of moral turpitude; 
(6) develops or has an incapacity that prevents the practice of radiologic 
technology with reasonable skill, competence, and safety to the public as a 
result of: 
(A) an illness; 
(B) drug or alcohol dependency; or habitual use of drugs or intoxicating 
liquors; or 
(C) another physical or mental condition; 
(7) fails to practice as a non-certified technician in an acceptable manner 
consistent with public health and welfare; 
(8) has disciplinary action taken against a certification, permit, or 
registration in another state, territory, or country or by another regulatory 
agency; 
(9) engages in acts requiring registration under these rules without a current 
registration from the board. 
(10) is removed, suspended, or has had disciplinary action taken against the 
registrant. 
(b) The board may suspend, revoke, or refuse to renew the registration of a non-
certified technician, upon a finding that a non-certified technician has 
committed any offense listed in this section. 

sec.194.7.Procedure - General. 
(a) Applicability. These rules shall govern the procedures for the institution, 
conduct, and determination of all causes and proceedings before the board. The 
purpose of these sections is to provide for a simple and efficient system of 
procedure before the board; to ensure uniform standards of practice and 
procedure, public participation, and notice of board actions; and a fair and 
expeditious determination of causes. 
(b) Construction. These rules shall not be construed so as to enlarge, diminish, 
modify or alter the jurisdiction, powers, or authority of the board or the 
substantive rights of any party. They shall be liberally construed with a view 
towards the purpose for which they were adopted. 
(c) Computation of time. 
(1) Computing time. In computing any period of time prescribed or allowed by 
these sections, Order of the board, or any applicable statute, the period shall 
begin on the day after the act, event, or default in controversy and end on the 
last day of such computed period, unless it is a Saturday, Sunday, or legal 
holiday, in which event the period runs until the end of the next day which is 
not a Saturday, Sunday, nor a legal holiday. 
(2) Extensions. Unless otherwise provided by statute, the time for filing any 
document may be extended by agreement of the parties or order of the secretary 
or administrative law judge upon written verified motion duly filed prior to the 
expiration of the applicable time period, showing good cause for an extension of 
time and stating that the need therefor is not caused by the neglect, 
indifference, or lack of diligence of the movant. A copy of any such motion 
shall be served upon all other parties of record to the proceeding 
contemporaneously with the filing thereof. 
(d) Agreement to be in writing. No stipulation or agreement between the parties, 
their attorneys, or representatives with regard to any matter involved in any 
proceeding before the board shall be enforced unless it shall have been reduced 
to writing and signed by the parties or their authorized representatives, or 
unless it shall have been dictated into the record by them during the course of 
a hearing, or incorporated in an order bearing their written approval. This 
section does not limit a party's ability to waive, modify, or stipulate any 
right or privilege afforded by these sections, unless precluded by law. 
(e) Notice of adjudicative hearing proceedings. 
(1) Notice. Before revoking or suspending any registration or denying an 
application for a registration, the board shall afford all parties an 
opportunity for an adjudicative hearing after reasonable notice of not less than 
ten days. 
(2) Content. Such notice of adjudicative hearing shall include: 
(A) a statement of time, place, and nature of the hearing;
(B) a statement of the legal authority and jurisdiction under which the hearing 
is to be held; 
(C) a reference to the particular sections of the statutes and rules involved; 
and 
(D) a short and plain statement of the matters asserted. 
(3) More definite statement. If the board is unable to state the matters in 
detail at the time the notice is served, the initial notice may be limited to a 
statement of the issues involved. Thereafter, on a timely written application, a 
more definite and detailed statement must be furnished not less than three days 
prior to the date set for the hearing; however, the board shall not be required 
to plead its evidence in its complaint.
(f) Conduct and decorum. Each person, party, witness, attorney, or other 
representative shall comport himself or herself in all proceedings with proper 
dignity, courtesy, and respect for the board, the secretary, the executive 
director, the examiner, and all other parties. Disorderly or disruptive conduct 
will not be tolerated. Attorneys and other representatives of parties shall 
observe and practice the standards of ethical behavior prescribed for attorneys 
at law by the Texas State Bar. 
(g) Classification of parties. Regardless of errors as to designation of a 
party, parties shall be accorded their true status in the proceeding.
(h) Parties in interest. Any party in interest may appear in any proceeding 
before the board. All appearances shall be subject to a motion to strike upon a 
showing that the party has no justifiable or administratively cognizable 
interest in the proceeding. 
(i) Service in adjudicative hearing proceedings. 
(1) Personal service. Where personal service of notice by the board is required, 
the board shall serve in person or by mailing the notice of adjudicative 
hearing, certified or registered mail, return receipt requested, to the last 
address filed with the board by the person entitled to receive such notice. 
(2) Service by publication. Where personal service cannot be made as 
contemplated in paragraph (1) of this subsection, then service of notice shall 
be by publication of the notice of adjudicative hearing in a newspaper of 
general circulation once each week for two consecutive weeks in the county which 
the registrant listed as his or her mailing address; the last publication to be 
at least ten days prior to the date of the hearing. If the person is not 
currently practicing in Texas as evidenced by information in the board files, or 
if the last county of practice is unknown, publication shall be in a newspaper 
in Travis County. When publication of notice is used, the date of hearing may 
not be less than ten days after the date of the last required publication of 
notice. Proof of publication may be accomplished by publisher's affidavit 
together with a copy of the published notice which shall be introduced into the 
record at the hearing, or by introduction and admission into evidence of 
reasonably reliable copies of the required notices published for purposes of 
service. 
(3) Service of pleadings. A copy of any document filed by any party in any 
proceeding subsequent to the institution thereof shall be mailed or otherwise 
delivered to all other parties of record by the filing party. If any party has 
appeared in the proceeding by attorney or other representative authorized under 
these sections to make appearances, service shall be made upon such attorney or 
other representative. The willful failure of any party to make such service 
shall be sufficient grounds for the entry of an order by the presiding officer 
or administrative law judge striking the document from the record. 
(j) Appearances personally or by representative. Any party may appear and be 
represented by an attorney at law authorized to practice law before the highest 
court of this state. This right may be waived. Any person may appear on his or 
her own behalf or by a bona fide full-time employee. A corporation, partnership, 
or association may appear and be represented by any bona fide officer, partner, 
or full-time employee. 
(k) Ex parte consultations. Unless required for the disposition of ex parte 
matters authorized by law, members or employees of the board assigned to render 
a decision or to make findings of fact and conclusions of law in a contested 
case may not communicate, directly or indirectly, in connection with any issue 
of fact or law, with any party or his representative except on notice and 
opportunity for all parties to participate. 

sec.194.8.Procedure - Prehearing.
(a) Discovery. After the initiation and filing of a formal complaint, or upon 
the filing of the board's initial pleading in any other contested matter, the 
following discovery rules listed in this subsection shall apply: 
(1) Preliminary discovery. Not later than 30 days after receiving a written 
request from an opposing party, the responding party shall provide to the 
requesting party the following: 
(A) a preliminary list of the names and last known addresses of potential 
witnesses which the responding party reasonably anticipates may testify in its 
case-in-chief; 
(B) a list or copy of all documents, records, photographs, moving pictures, 
films, videotapes, audio recordings, and other such material in the possession 
of the responding party which the responding party intends to offer in its case-
in-chief, and a reasonable opportunity to inspect and copy such items; 
(C) a list identifying all tangible items in the possession of the responding 
party which the responding party intends to offer in its case-in-chief, and a 
reasonable opportunity to inspect such items; and 
(D) a list of the names and last known addresses of any experts the responding 
party anticipates calling to testify in its case-in-chief.
(2) Experts. Upon written request, a list identifying all of the following 
documents and tangible items pertaining to the responding party's experts, or 
copies of such documents and tangible items, shall be provided to the requesting 
party before the initial deposition of such an expert, or no later than five 
days prior to the hearing on the case if no deposition of the expert has been 
taken: 
(A) documents and tangible items which have been provided to any expert who is 
expected to testify in the case; 
(B) documents and tangible items which have been made or prepared by any expert 
used for consultation if such documents and tangible items form the basis, 
either in whole or in part, of the opinion of an expert who is expected to 
testify in the case; and 
(C) a report from each expert who is anticipated to testify in the case which 
generally synopsizes the expected testimony of the expert.
(3) Inspection and copying. Documents and tangible items which are identified in 
a discovery response, but not provided, shall be made available for inspection 
and copying at a reasonable time and place upon the written request of an 
opposing party. 
(4) Depositions. The taking and use of depositions shall be governed by the 
Administrative Procedure Act or by an agreement between the parties either on 
the record or in a writing signed by the parties or their representatives. 
Except by an agreement between the parties either on the record or in a writing 
signed by the parties or their representatives, or upon an order by the 
administrative law judge, depositions shall be conducted and completed no later 
than five days prior to the scheduled hearing date. Failure of a properly 
noticed witness who is a party to the case to attend a deposition for the 
purpose of taking the testimony of that party witness, or the failure of such a 
witness to attend such a deposition as agreed to by the parties on the record or 
in a writing signed by the parties or their representatives, may result in the 
imposition of the sanctions and remedies set forth in paragraph (5) of this 
subsection. 
(5) Remedies and sanctions. A failure to comply with a discovery request to the 
extent required by board rule, the Medical Practice Act, or as agreed between 
the parties in a discovery agreement, may be remedied and sanctioned by ordering 
any or all of the following: 
(A) granting of a continuance; 
(B) limitations or restrictions on the admissibility and use of the evidence, to 
include exclusion of the evidence; 
(C) payment by a party of the actual travel, lodging, and court reporter costs, 
but not attorney fees, incurred by an opposing party as a result of the failure 
to comply with the discovery requirements under board rule; 
(D) imposition of a scheduling order providing for discovery deadlines necessary 
to remedy the failure to comply with discovery requirements under board rules; 
and 
(E) remedies and sanctions agreed to by the parties in writing or on the record. 
(6) Good cause. Good cause for failure to comply with a discovery request to the 
extent required by law, board rule, or as agreed between the parties in a 
discovery agreement, may justify the imposition of less severe remedies or 
sanctions which might otherwise be imposed. Good cause shall include, but is not 
limited to, the following: 
(A) lack of knowledge of the existence of the information or material; 
(B) lack of access to or control of the information or material; and 
(C) an act of God or providence. 
(7) Calculation of deadlines and time limits. 
(A) For purposes of discovery under board rules, deadlines and time limits shall 
be based on calendar days; however, when a deadline falls on a Saturday, Sunday, 
or legal holiday, the deadline shall be extended to the next calendar day which 
is not a Saturday, Sunday, or legal holiday.
(B) Discovery requests promulgated less than seven days prior to the scheduled 
hearing date shall not require a response unless agreed to by the parties on the 
record or in a writing signed by the parties or their representatives; however, 
other discovery requests promulgated at a time prior to the scheduled hearing 
date which by their timing allow less than the applicable deadline period for a 
response, shall not require a response until submitted for approval by motion of 
the requesting party to the administrative law judge and approved in whole or in 
part by order of the administrative law judge. Any such approval shall provide 
for one or more of the following: 
(i) modified response deadlines; 
(ii) a continuance of the hearing date charged to the party requesting 
discovery; or 
(iii) such reasonable requirements which are necessary to minimize any 
anticipated burden or inconvenience to the responding party as a result of the 
lateness of the discovery request. 
(8) Discovery agreements. Discovery requirements governing board proceedings may 
be modified by agreement of the parties either on the record or in a writing 
signed by the parties or their representatives.
(9) Ordered modification of discovery. Modification of discovery requirements 
under board rules may be ordered by an administrative law judge pursuant to an 
agreement of the parties or the discovery provisions under board rules 
pertaining to remedies and sanctions. 
(10) Official notice. No later than three days prior to the date of the hearing, 
the parties shall exchange lists specifying all matters which each party will 
seek to have officially noticed at the hearing. 
(11) Final witness list. No later than five days prior to the date of the 
hearing, the parties shall exchange final lists identifying the names and last 
known addresses of the witnesses each party intends to call to testify in its 
case-in-chief. 
(12) Waiver of privilege/confidentiality. The provision of any information or 
material in response to a discovery request which may be the subject of a 
privilege or confidentiality requirement under the Medical Practice Act or other 
applicable law shall not constitute a waiver of any such privilege or 
confidentiality requirement with respect to other such information or material 
not provided. 
(13) Supplementation. Upon receiving new information or material, or upon 
otherwise determining that an inaccuracy exists in a previous discovery 
response, each party shall supplement such responses as soon as practicable. 
(b) Subpoenas. 
(1) Authority. Pursuant to the Medical Practice Act, sec.2.09(i), on behalf of 
the board, the executive director or the secretary-treasurer of the board may 
issue subpoenas and subpoenas duces tecum. 
(2) Request. A party may request at any time after during the pendency of a 
proceeding, including a contested case, that the board issue a subpoena or 
subpoena duces tecum upon a showing of good cause; the relevancy, and necessity 
of the testimony or documents; lack of undue inconvenience, imposition, or 
harassment of the party required to produce the testimony or documents; and the 
deposit of sums sufficient to ensure payment of expenses incident to the 
subpoenas. 
(A) The party requesting the subpoena shall be responsible for the payment of 
any expense incurred in serving the subpoena, as well as reasonable and 
necessary expenses incurred by the witness who appears in response to the 
subpoena. 
(B) The party requesting a subpoena duces tecum shall describe and recite with 
great clarity, specificity, and particularity the books, records, or documents 
to be produced. 
(C) Failure to timely comply with a subpoena issued pursuant to the Act shall be 
grounds for disciplinary action by the board. 
(3) Ministerial act. When requested by a party to issue a subpoena or subpoena 
duces tecum, the board is performing a ministerial act and shall do so in 
accordance with the law; however, the board shall not be responsible for 
inadequacies, insufficiencies, or lack of pleading by the requesting parties or 
the consequences thereof. 
(4) Service and expenses. A subpoena issued at the request of the staff may be 
served either by a board investigator or by certified mail, return receipt 
requested. The board shall pay reasonable charges for photocopies produced in 
response to a subpoena requested by the staff, but such charges may not exceed 
those billed by the board for producing copies of its own records. 
(5) Fees and travel. A witness called at the request of the board shall be paid 
a fee per day and reimbursed for travel in like manner as board staff. An expert 
witness called at the request of the board shall be paid a fee per day and shall 
be reimbursed for travel in like manner as board members. 
(c) Show compliance proceeding. Pursuant to the Administrative Procedure Act, 
sec.2001.054, the following rules shown in paragraphs (1)-(15) of this 
subsection shall apply to show compliance proceedings. 
(1) Prior to institution of board proceedings to take disciplinary action 
relating to a registration, the non-certified technician shall be given an 
opportunity to show compliance with all requirements of law for the retention of 
a registration either in writing, or through a personal appearance at a 
privileged and confidential informal meeting with one or more representatives of 
the board, at the option of the registrant. 
(2) The opportunity to show compliance under this section shall be extended to a 
registrant in writing by certified mail, return receipt requested, overnight or 
express mail, or registered mail, to the last mailing address of the registrant 
or the registrant's attorney on file with the board.
(3) Prior to a show compliance proceeding under this section, the registrant 
shall be provided with a brief written statement of the nature of the 
allegations to be addressed at the show compliance proceeding along with a brief 
written statement of the grounds for disciplinary action. These statements shall 
be provided to the registrant by certified mail, return receipt requested, 
overnight or express mail, or registered mail to the last mailing address of the 
registrant or the registrant's attorney on file with the board. The registrant 
shall also be provided with written notice of the time, date, and location of 
the show compliance proceeding and the rules governing the proceeding by 
certified mail, return receipt requested, overnight or express mail, or 
registered mail, to the last mailing address of the registrant or the 
registrant's attorney on file with the board. 
(4) A registrant shall be afforded an opportunity to show compliance with the 
law as provided for under this section; however, a registrant's refusal or 
failure to take such an opportunity when offered, or when scheduled with proper 
notice to the registrant, shall not require that an additional show compliance 
opportunity be made available. In the discretion of the board's representatives 
an additional show compliance opportunity may be afforded to a registrant who 
refused a previous opportunity or failed to attend a scheduled show compliance 
proceeding. 
(5) One or more members of the board shall conduct the show compliance 
proceeding as the board's representatives. The representative who has seniority 
on the board shall chair the proceeding. 
(6) The show compliance proceeding shall allow: 
(A) the board staff to present a synopsis of the allegations and the facts which 
the staff reasonably believes could be proven by competent evidence at a 
hearing; 
(B) the registrant to reply to the staff's presentation and present facts the 
registrant reasonably believes could be proven by competent evidence at a 
hearing; 
(C) presentation of evidence by the staff and the registrant which may include 
medical and office records, x-rays, pictures, film recordings of all kinds, 
audio and video recordings, diagrams, charts, drawings, and any other 
illustrative or explanatory materials which in the discretion of the board's 
representatives are relevant to the proceeding; 
(D) representation of the registrant by counsel; 
(E) presentation of oral or written statements by the registrant or the 
registrant's counsel; 
(F) presentation of oral or written statements or testimony by witnesses; and, 
(G) questioning of witnesses. 
(7) The board's representatives shall exclude from the show compliance 
proceeding all persons except witnesses during their testimony or presentation 
of statements, the registrant, the registrant's attorney or representative, 
board members, and board staff. 
(8) During the show compliance proceeding, the board's legal counsel or a 
representative of the Office of the Attorney General shall be present to advise 
the board's representatives and the board's staff. 
(9) Except with the agreement of the registrant, during the deliberations of the 
board's representatives at a show compliance proceeding, the board 
representatives shall exclude the board staff who presented the allegations 
against the registrant, the registrant's attorney or representative, any 
witnesses, and the general public. The board's legal counsel or a representative 
of the Office of the Attorney General shall be available to assist the 
representatives in deliberations. 
(10) After a show compliance proceeding has been held, the board staff and the 
board's representatives shall be subject to the ex parte provisions of the 
Administrative Procedure Act with regard to contacts with board members and 
administrative law judges concerning the case. 
(11) To the extent possible, board members are required to serve as 
representatives at show compliance proceedings an equal number of times during a 
calendar year. In the event a board member has a complaint regarding the 
frequency or infrequency of service as a representative, the complaint may be 
routed in writing to the director of hearings for the board who shall then bring 
the complaint to the attention of the presiding officer of the board for 
submission to the board for a resolution by a majority vote.
(12) The show compliance proceeding may be held in conjunction with, and 
simultaneously with, an informal settlement conference held pursuant to 
subsection (h) of this section. 
(13) The board's representatives may call upon board staff at any time for 
assistance in conducting the show compliance proceeding.
(14) The board's representatives shall prohibit or limit access to the board's 
investigative file by the registrant, the registrant's attorney or 
representative, the complainant, witnesses, and the public consistent with the 
Medical Practice Act, sec.4.05(c). 
(15) At the conclusion of the show compliance proceeding, the board's 
representatives shall make recommendations for disposition of the allegations 
which may include recommendations of dismissal and closure of the related 
investigation. In the event a dismissal and closure of the investigation is not 
recommended, the representatives shall attempt to mediate the disputed matters 
and make a recommendation regarding the disposition of the case in the absence 
of a hearing under the provisions of applicable law concerning contested cases. 
(d) Prehearing conferences. 
(1) Appearance. In any contested case the administrative law judge on his or her 
own motion or on the motion of a party, may direct the parties, their attorneys, 
or representatives to appear before him or her at a specified time and place for 
a conference prior to the hearing for the purpose of: 
(A) formulating issues; 
(B) simplifying issues; 
(C) discussing matters to be officially noticed; 
(D) discussing the possibility of making admissions of certain averments of fact 
or stipulations concerning the use by either or both parties of matters of 
public record, such as official records of the board, to the end of avoiding the 
unnecessary introduction of proof; 
(E) ruling on any previously filed motions; 
(F) discussing the procedure at a hearing; 
(G) discussing the limitation, where possible, of the number of witnesses; and 
(H) discussing such other matters as may aid in the simplification of the 
proceedings. 
(2) Order. Action taken at the conference shall be recorded in an appropriate 
order by the administrative law judge. 
(e) Motions. 
(1) Any motion filed in a pending proceeding shall, unless made during a 
hearing: 
(A) be in writing; 
(B) set forth the specific grounds and reasons therefore, and the relief sought; 
(C) be distributed to all parties of record over a certificate of service as 
outlined in sec.194.7(e) and (i) of this title (relating to Procedure - 
General); 
(D) be filed with the administrative law judge not less than five days prior to 
the hearing date; 
(E) if based on facts or matters which are not of record, be supported by an 
affidavit; and 
(F) be ruled on by the administrative law judge at the prehearing conference or 
at the hearing. 
(2) Motions for continuance or for dismissal of a complaint shall: 
(A) comply with subsection (a)(1)-(6) of this section;
(B) make reference to all prior motions of the same nature filed in the same 
proceeding. 
(3) When a complaint has proceeded to its hearing date, pursuant to the notice 
issued therein, no continuance or dismissal shall be granted by the 
administrative law judge without the consent of all parties involved. 
(f) Consolidated hearings. A motion for consolidation of two or more complaints, 
applications, petitions, or other proceedings shall comply with subsection (e) 
of this section. Proceedings shall not be consolidated unless the board shall 
find that: 
(1) the proceedings involve common questions of law and fact; and, 
(2) separate hearings would result in unwarranted expense, delay, or substantial 
injustice. 
(g) Place and nature of hearings. All hearings conducted in any proceedings 
shall be open to the public. All hearings shall be conducted by the State Office 
of Administrative Hearings in Austin, Texas. 
(h) Informal disposition. Pursuant to the Administrative Procedure Act, 
sec.2001.056, the following rules listed in paragraphs (1)-(19) of this 
subsection shall apply to informal dispositions of any matter relating to the 
non-certified technician's registration or of any contested case.
(1) The board may make an informal disposition of any matter relating to the Act 
or of any contested case by stipulation, agreed order, agreed settlement, 
consent order, or default. 
(2) In the event the board makes such a disposition of a contested case or other 
matter, the disposition shall be in writing and, if appropriate, the writing 
shall be signed by the registrant. 
(3) To facilitate the expeditious disposition of contested cases, the board may 
provide a registrant with an opportunity to attend a privileged and confidential 
informal settlement conference. The informal settlement conference may be held 
in conjunction with, and simultaneously with, a show compliance proceeding held 
pursuant to subsection (c) of this section. 
(4) If the opportunity for an informal settlement conference is provided to a 
registrant, the registrant shall be provided with a brief statement of the 
nature of the allegations to be addressed at the conference along with a brief 
statement of the provisions of the Act which may be grounds for disciplinary 
action. These statements shall be provided to the registrant by certified mail, 
return receipt requested, overnight or express mail, or registered mail, to the 
last mailing address of the registrant or the registrant's attorney on file with 
the board. The registrant shall also be provided with written notice of the 
time, date, and location of the conference and the rules governing the 
proceeding by certified mail, return receipt requested, overnight or express 
mail, or registered mail, to the last mailing address of the registrant or the 
registrant's attorney on file with the board. 
(5) One or more members of the board shall conduct the informal settlement 
conference as the board's representatives. The representative who has seniority 
on the board shall chair the conference. 
(6) The informal settlement conference shall allow: 
(A) board staff to present a synopsis of the allegations and the facts which 
staff reasonably believes could be proven by competent evidence at a hearing; 
(B) the registrant to reply to the board staff's presentation and present facts 
the registrant reasonably believes could be proven by competent evidence at a 
hearing; 
(C) presentation of evidence by the staff and the registrant which may include 
medical and office records, x-rays, pictures, film recordings of all kinds, 
audio and video recordings, diagrams, charts, drawings, and any other 
illustrative or explanatory materials which in the discretion of the board's 
representatives are relevant to the proceeding; 
(D) representation of the registrant by counsel; 
(E) presentation of oral or written statements by the registrant or the 
registrant's counsel; 
(F) presentation of oral or written statements or testimony by witnesses; and, 
(G) questioning of witnesses. 
(7) The board's representatives shall exclude from the informal settlement 
conference all persons except witnesses during their testimony or presentation 
of statements, the registrant, the registrant's attorney or representative, 
board members, and board staff. 
(8) During the informal settlement conference, the board's legal counsel or a 
representative of the Office of the Attorney General shall be present to advise 
the board's representatives or the board's staff. 
(9) Except with the agreement of the registrant, during the deliberations of an 
appropriate settlement, the board's representatives at an informal settlement 
conference shall exclude the board staff which presented the allegations against 
the registrant, the registrant's attorney or representative, witnesses, and the 
general public. Legal counsel for the board or a representative of the Office of 
the Attorney General shall be available to assist the representatives in their 
deliberations. 
(10) After an informal settlement conference has been held, the staff of the 
board and the board's representatives shall be subject to the ex parte 
provisions of the Administrative Procedure Act with regard to contacts with 
board members and administrative law judges concerning the case. 
(11) To the extent possible, board members are required to serve as 
representatives at informal settlement conferences an equal number of times 
during a calendar year. In the event a board member has a complaint regarding 
the frequency or infrequency of service as a representative, the complaint may 
be routed in writing to the director of hearings for the board who shall then 
bring the complaint to the attention of the presiding officer of the board for 
submission to the board for a resolution by a majority vote.
(12) At the informal settlement conference, the board's representatives will 
attempt to mediate disputed matters, and the board's representatives may call 
upon the staff at any time for assistance in conducting the informal settlement 
conference. 
(13) The board's representatives shall prohibit or limit access to the board's 
investigative file by the registrant, the registrant's attorney or 
representative, the complainant, witnesses, and the public consistent with the 
Medical Practice Act, sec.4.05(c). 
(14) Although notes may be made by the participants, mechanical or electronic 
recordings shall not be made of settlement discussions, mediation efforts, or 
the informal settlement conference. 
(15) The settlement conference shall be informal and shall not follow the 
procedures established under this title for contested cases.
(16) At the conclusion of the informal settlement conference, the board's 
representatives shall make recommendations for disposition of the allegations 
which may include recommendations of dismissal and closure of the related 
investigation. In the event a dismissal and closure of the investigation is not 
recommended, the representatives shall make a recommendation regarding the 
disposition of the case in the absence of a hearing under the provisions of 
applicable law concerning contested cases. The board's representatives may make 
recommendations to the registrant for resolution of the issues, including 
suspension, revocation, or nonrenewal. These recommendations may be subsequently 
modified by the board's representatives or staff based on new information, a 
change of circumstance, or to expedite a resolution in the interest of 
protecting the public. The board's representatives may also conclude that the 
board lacks jurisdiction or that a violation of the board's rules has not been 
established, and may recommend that the investigation be closed or referred for 
further investigation. These recommendations may be adopted, modified, or 
rejected by the duly convened board or through the duly authorized actions of 
the board's Disciplinary Process Review Committee. 
(17) The registrant may either accept or reject the settlement recommendations 
proposed by the board's representatives. If the registrant accepts the 
recommendations, the registrant shall execute the settlement agreement in the 
form of an agreed order or affidavit as soon thereafter as is practicable. If 
the registrant rejects the proposed agreement, the matter shall be referred to 
the board's staff for appropriate disposition as directed by the board's 
representatives or the Disciplinary Process Review Committee. The board through 
staff may also schedule the matter for a hearing as described in sec.194.9 of 
this title (relating to Procedure - Hearing). 
(18) Following acceptance and execution by the registrant of the settlement 
agreement, the agreement shall be submitted to the board for approval. 
(19) The following relate to consideration of an agreed disposition by the 
board. 
(A) Upon an affirmative majority vote, the board shall enter an order approving 
the proposed settlement agreement. The order shall bear the signature of the 
presiding officer of the board at such meeting and shall be referenced in the 
minutes of the board. 
(B) If the board does not approve a proposed settlement agreement, the 
registrant shall be so informed and the matter shall be referred to the staff 
for appropriate action to include dismissal, closure, further negotiation, 
further investigation, an additional informal settlement conference, or a 
hearing. 
(C) To promote the expeditious resolution of any matter relating to the non-
certified technician or of any contested case, with the approval of the 
executive director of the board, or the Disciplinary Process Review Committee of 
the board, board staff may present a proposed settlement agreement to the board 
for consideration and acceptance without conducting an informal settlement 
conference. If the board does not approve such a proposed settlement agreement, 
the registrant shall be so informed and the matter shall be referred to board 
staff for appropriate action to include dismissal, closure, further negotiation, 
further investigation, an informal settlement conference, or a hearing. 

sec.194.9. Procedure - Hearing. 
(a) Formal hearing. All contested cases shall be disposed of by a formal hearing 
conducted by an administrative law judge employed by the State Office of 
Administrative Hearings. 
(b) Administrative law judges. 
(1) Authority. Hearings shall be conducted in accordance with the Administrative 
Procedure Act, the Medical Practice Act, the rules of the board, and all other 
applicable law. 
(2) Duties. Except for accepting or rejecting proposed findings of fact or 
conclusions of law, issuing final orders on the merits, dismissing complaints, 
and making recommendations as to a registrant's discipline, the administrative 
law judge shall have the authority to conduct hearings including, without 
limitation, the following: 
(A) to hold hearings and issue notices; 
(B) to administer oaths and affirmations; 
(C) to direct all parties to enter their appearance on the record; 
(D) to subpoena and examine witnesses; 
(E) to subpoena documents and other physical evidence; 
(F) to hold conferences before, during, or after the hearing, to consider the 
matters specified in sec.194.8(d) of this title (relating to Procedure - 
Prehearing); 
(G) to regulate the course and conduct of the hearing including, without 
limitation, setting the time and place of the hearing and/or continued hearings; 
fixing the time for filing of briefs and other documents; receiving relevant 
evidence; excluding evidence which is irrelevant, immaterial, repetitious, or 
cumulative; ruling upon offers of proof; regulating the manner of examination to 
prevent needless and unreasonable harassment, intimidation, expense, 
inconvenience, or embarrassment of any witness or party at a hearing; removing 
disruptive individuals; and ruling on motions; 
(H) to submit in writing to the parties, a proposal for decision containing the 
elements specified in sec.194.10(a) of this title (relating to Procedure - 
Posthearing); 
(I) to present and explain in person his or her proposal for decision to the 
board for its consideration and final action; and 
(J) to dispose of any other matter that arises in the course of a hearing and to 
take any action authorized by the rules of the board, the Medical Practice Act, 
the Administrative Procedure Act, and all other applicable law. 
(c) Order of proceeding. 
(1) Hearings. In all proceedings, the petitioner, applicant, or complainant, 
respectively, shall be entitled to open and close. Where several proceedings are 
heard on a consolidated record, the administrative law judge shall designate who 
shall open and close. The administrative law judge in all cases shall determine 
whether and at what stage intervenors shall be permitted to offer evidence. 
After all parties have completed the presentation of their evidence, the 
administrative law judge may call upon any party or the board staff for further 
material or relevant evidence upon any issue, to be presented at further public 
hearing after notice to all parties of record. 
(2) Before the board. During proceedings before the board, en banc, the order of 
proceeding shall be the following. 
(A) The administrative law judge shall present his or her proposal for decision 
and recommended order, explaining the items as specified in subsection (b) of 
this section. 
(B) The party adversely affected shall briefly state their reasons for being so 
affected, supported by the evidence of record. 
(C) The other party or parties shall be given the opportunity to respond. 
(D) The board as complainant shall have the right to close.
(E) The presiding officer or a member of the board may question any party as to 
any matter relevant to the proceeding. 
(F) At the end of any argument by the parties, the board may deliberate the 
matter in executive session, but shall vote and announce its final decision in 
open meeting. 
(3) Limitation. A party shall not inquire into the mental processes used by the 
board in arriving at its decision, nor be disruptive of the orderly procedure of 
the board's routine. 
(d) Reporter and transcripts. 
(1) Option. A party has the option of furnishing his or her own stenographic 
reporter at his or her own expense or using the reporter by the board. If a 
party elects to provide his or her own reporter, the party shall notify the 
board prior to the commencement of the hearing. 
(2) Original. The original transcript shall be delivered to the board as soon as 
practicable. A stenographic reporter may sell copies of a transcript. If the 
respondent in the proceedings requests the original record (statement of fact) 
of the testimony and evidence of a disciplinary hearing, the costs for the 
original record (transcript) shall be borne by the respondent (applicant) non-
certified technician. Any subsequent copies of the record (transcript) shall be 
borne by any person requesting same.
(3) Corrections. Suggested corrections to the transcript of the record may be 
offered within ten days after the transcript is filed in the proceeding, unless 
the board shall permit suggested corrections to be offered thereafter. Suggested 
corrections shall be served in writing upon each party of record, the official 
reporter, and the board. If suggested corrections are not objected to, the board 
will direct the corrections to be made and the manner of making them. In case 
the parties disagree on suggested corrections, they may be heard by the board 
which shall then determine the manner in which the record shall be changed, if 
at all. 
(e) Dismissal without hearing. 
(1) The board may entertain motions for dismissal for the following reasons 
listed in subparagraphs (A)-(E) of this paragraph: 
(A) failure to prosecute; 
(B) unnecessary duplication of proceedings or res judicata;
(C) withdrawal; 
(D) moot questions or stale petitions; or 
(E) lack of jurisdiction. 
(2) Such motions must meet the criteria of sec.194.8(e) of this title (relating 
to Procedure - Prehearing). 
(3) These motions may be argued prior to the board ruling thereon. 
(f) Evidence. 
(1) Rules. The rules of evidence as applied in nonjury civil cases in the 
district courts of this state shall be followed. In all cases, irrelevant, 
immaterial, or unduly repetitious evidence shall be excluded. When necessary to 
ascertain facts not reasonably susceptible of proof under those rules, evidence 
not admissible thereunder may be admitted, except where precluded by statute, if 
it is of a type commonly relied upon by reasonably prudent men in the conduct of 
their affairs. The rules of privilege recognized by law shall be given effect. 
Opportunity must be afforded all parties to respond and present evidence and 
argument of all issues involved. 
(2) Objections. Objections to evidentiary offers shall be made and shall be 
noted in the record. Formal exceptions to rulings of the administrative law 
judge during a hearing shall be unnecessary. It shall be sufficient that the 
party at the time any ruling is made or sought shall have made known to the 
administrative law judge the action which he or she desires. 
(3) Offer of proof. If evidence is excluded from the record by an exclusionary 
ruling of the administrative law judge, the evidence may be included in the 
record by an offer of proof by the sponsoring party by dictating into the record 
or submitting in writing the substance of the evidence. An offer of proof shall 
be sufficient to preserve the evidence for review.
(4) Office records. When subpoenaed by the board, the office records of each 
patient shall have stapled thereto an affidavit in the form approved and 
furnished by the board which contains the requisite elements to comply with the 
Texas Rules of Civil Evidence sec.902(10)(b), relating to the form of 
affidavits. 
(5) Documents. Subject to these requirements, if a hearing will be expedited and 
the interests of the parties will not be substantially prejudiced, any part of 
the evidence may be received in written form. 
(A) Copies. Documentary evidence may be received in the form of copies or 
excerpts if the original is not readily available. On request, parties shall be 
given an opportunity to compare the copy with the original. When numerous 
documents are offered, the administrative law judge may limit those admitted to 
a number which are typical and representative and may, in his or her discretion, 
require the abstracting of the relevant data from the documents and the 
presentation of the abstracts in the form of an exhibit; provided, however, that 
before making such requirement the administrative law judge shall require that 
all parties of record or their representatives be given the right to examine the 
documents from which such abstracts were made. 
(B) Prepared testimony. In all contested proceedings and after service of copies 
upon all parties of record at such time as may be designated by the 
administrative law judge, the prepared testimony of any witness upon direct 
examination, either in narrative or question and answer form, may be 
incorporated in the record as if read or received as an exhibit, upon the 
witness' being sworn and identifying the same. Such witness shall be subject to 
cross-examination and the prepared testimony shall be subject to a motion to 
strike in whole or in part. 
(6) Official notice. Official notice may be taken of all facts judicially 
cognizable and of records of the board. In addition, notice may be taken of 
generally recognized facts within the area of the agency's specialized 
knowledge. Parties shall be notified either before or during the hearing or by 
reference in preliminary reports or otherwise, of the material officially 
noticed, including any staff memoranda or data, and the parties shall be 
afforded an opportunity to contest the material so noticed. The special skills 
or knowledge of the board and its staff may be utilized in evaluating the 
evidence. 
(7) Limitations on number of witnesses. The administrative law judge shall have 
the right in any proceeding to limit the number of witnesses whose testimony is 
merely cumulative. 
(8) Exhibits. 
(A) Form. Documentary exhibits shall be 8 inches by 11 inches in length, so as 
to not unduly encumber the files and records of the board. There shall be a 
brief statement on the first sheet of the exhibit of what the exhibit purports 
to show. Exhibits shall be limited to fact material and relevant to the issues 
involved in a particular proceeding. 
(B) Marking and service. The original of each exhibit offered shall be marked 
sequentially for identification and tendered for inclusion in the evidentiary 
record. One copy shall be furnished to the administrative law judge and one copy 
to each party of record or his or her attorney or representative. 
(9) After hearing. No exhibit will be permitted to be filed in any proceeding 
after the conclusion of the hearing unless specifically directed by the 
administrative law judge, presiding officer, or by the board with copies of the 
late-filed exhibit served on all parties of record. 
(g) Default. If the respondent (applicant) fails to appear in person or by legal 
representation on the day and at the time set for hearing in a contested case, 
regardless of whether an appearance has been entered, the administrative law 
judge, upon motion by board staff, shall enter a default judgment in the matter 
adverse to the respondent (applicant) who failed to attend the hearing, provided 
that accompanying the motion will be an affidavit of board staff averring that 
in the opinion of board staff, there is legally admissible credible evidence 
reasonably available to support the factual allegations against the respondent 
(applicant). 

sec.194.10.Procedure - Posthearing.
(a) Proposals for decision. 
(1) Elements. In addition to any other requirement of the Administrative 
Procedure Act, the administrative law judge shall serve on the parties a 
proposal for decision which shall contain: 
(A) a summary of the evidence adduced by each party; 
(B) a statement of the administrative law judge's reasons for the proposed 
decision; 
(C) findings of fact expressed in clear, concise factual terms, neither 
summarizing nor reciting the evidence. Findings of fact must be based explicitly 
on the evidence and on matters officially noticed; 
(D) conclusions of law necessary to the proposed decision;
(E) a listing and explanation of all mitigating and aggravating circumstances 
necessary to a complete understanding of the case by the board; and 
(F) recommended disposition or discipline. 
(2) Service. When a proposal for decision is prepared, a copy of the proposal 
shall be served forthwith by the administrative law judge on each party, his or 
her attorney of record or representative, and the board. Service of the proposal 
for decision shall be in accordance with sec.194.7(i) of this title (relating to 
Procedure - General). 
(3) Statutory statement. If findings of fact are stated in statutory language, 
each finding must be accompanied by a concise and explicit statement of the 
facts supporting the finding. 
(4) Proposed findings. Only when the administrative law judge requests a party 
or parties to submit findings of fact will it be necessary for the 
administrative law judge to rule on each proposed finding in the recommended 
order. 
(b) Exceptions and replies. 
(1) Entitlement. Any party of record who is aggrieved by the administrative law 
judge's proposal for decision shall have the opportunity to file exceptions to 
the proposal for decision within 20 days from the date of service of the 
proposal for decision. Replies to the exceptions may be filed by other parties 
within ten days of the filing of the exceptions. Exceptions and replies shall be 
filed with the administrative law judge. Any extensions of time shall be as 
provided by sec.194.7(c) of this title (relating to Procedure - General). 
(2) Content. Each exception or reply to a finding of fact shall be stated 
concisely and shall summarize the evidence in support thereof. Arguments shall 
be logical and citations to authorities shall be complete.
(3) Briefs. Briefs shall be filed only when requested or permitted by the board, 
presiding officer, administrative law judge. 
(4) Service. Exceptions and replies shall be served upon every party of record 
by the filing party pursuant to sec.194.7(i) of this title (relating to 
Procedure - General). 
(c) Oral argument. Any party may request oral argument prior to the final 
determination of any proceeding, but oral argument shall be allowed only in the 
sound discretion of the board. A request for oral argument may be incorporated 
in exceptions, briefs, replies to exceptions, motions for rehearing, or in 
separate pleadings. 
(d) Final decisions and orders. 
(1) Board action. The proposal for decision may be acted on by the board upon 
the expiration of ten days after the filing of replies to exceptions to the 
proposal for decision. Parties shall be notified either personally or by mail of 
any decision or order. On written request, a copy of the decision or order shall 
be delivered or mailed to any party and to his or her attorney of record. 
(2) Recorded. All final decisions and orders of the board shall be in writing or 
stated in the record and shall be signed by the presiding officer of the board. 
A final order shall include findings of fact and conclusions of law, separately 
stated. 
(3) Imminent peril. If the board finds that an imminent peril to the public 
health, safety, or welfare requires immediate effect of a final decision or 
order in a contested case, it shall recite that finding in the decision or order 
as well as the fact that the decision or order is final and effective on the 
date rendered, in which event the decision or order is final and appealable on 
the date rendered and no motion for rehearing is required as a prerequisite for 
appeal. 
(4) Changes to recommendation. To protect the public interest and ensure that 
sound principles govern the decisions of the board, it shall hereafter be the 
policy of the board to change a finding of fact or conclusion of law or to 
vacate or modify the proposed order of an administrative law judge when the 
proposed order is: 
(A) erroneous; 
(B) against the weight of the evidence; 
(C) based on unsound medical principles; 
(D) based on an insufficient review of the evidence; 
(E) not sufficient to protect the public interest; or 
(F) not sufficient to adequately allow rehabilitation of the non-certified 
technician. 
(5) Amended order. If the board modifies, amends, or changes the hearing 
examiner's or the administrative law judge's recommended order, an order shall 
be prepared reflecting the board's changes as stated in the record. 
(6) Administrative finality. A final order or board decision is administratively 
final: 
(A) upon a finding of imminent peril to the public health, safety, or welfare as 
outlined in paragraph (3) of this subsection; 
(B) when absent the filing of a timely motion for rehearing upon the expiration 
of 20 days from the date the final order or board decision is entered; or 
(C) when a timely motion for rehearing is filed and the motion for rehearing is 
overruled by board order or operation of law as outlined in subsection (e) of 
this section. 
(7) Rendering of final decision or order. The final decision or order must be 
rendered within 60 days after the date the hearing is finally closed. In a 
contested case heard by an administrative law judge, an extension of time for 
the issuing of a proposal for decision may be announced at the conclusion of the 
hearing. 
(e) Motions for rehearing. 
(1) Filing times. A motion for rehearing must be filed within 20 days after a 
party has been notified, either in person or by mail, of the final decision or 
order of the board. 
(2) Board action. Action by the board on the motion must be taken within 45 days 
after the date of rendition of the final decision or order. If board action is 
not taken within the 45-day period, the motion for rehearing is overruled by 
operation of law 45 days after the date of rendition of the final decision or 
order. The board may, by written order, extend the period of time for filing the 
motions and replies and taking board action, except that an extension may not 
extend the period for board action beyond 90 days after the date of rendition of 
the final decision or order. In the event of an extension, the motion for 
rehearing is overruled by operation of law on the date fixed by the order, or in 
the absence of a fixed date, 90 days after the date of the final decision or 
order. The parties may, by agreement, with the approval of the board, provide 
for a modification of the times provided in this section. 
(f) The record. The record in a contested case shall include:
(1) all pleadings, motions, and intermediate rulings;
(2) evidence received or considered; 
(3) a statement of matters officially noticed; 
(4) questions and offers of proof, objections, and rulings on them; 
(5) proposed findings of fact, conclusions of law, exceptions, and replies; 
(6) any decision, opinion, or report by the officer presiding at the hearing; 
and 
(7) all staff memoranda, correspondence from parties, or other data submitted to 
or considered by the administrative law judge or members of the agency who are 
involved in making the decision. 
(g) Costs of appeal. A party appealing a final decision of the board in a 
contested case may be ordered by the board to pay all or a part of the cost of 
preparation of the original or a certified copy of the record of the proceeding 
that is required to be transmitted to the reviewing court.

sec.194.11.Construction.
The provisions of this chapter shall be construed and interpreted so as to be 
consistent with the statutory provisions of the Medical Practice Act. In the 
event of a conflict between this chapter and the provisions of the Medical 
Practice Act, the provisions of the Medical Practice Act shall control; however, 
this chapter shall be construed so that all other provisions of this chapter 
which are not in conflict with the Act shall remain in effect. 
Issued in Austin, Texas, on August 18, 1997.
TRD-9710892
Bruce A. Levy, M.D., J.D.
Executive Director
Texas State Board of Medical Examiners
Effective date: August 18, 1997
Expiration date: December 16, 1997
For further information, please call: (512) 305-7016