TAC Chapter 201 - Licensing & Enforcement - Practice & Procedure

SUBCHAPTER ALICENSING ***RULE §203.10 Preparation Room Exemption***

(a) A funeral establishment may request, in writing, the Executive Director exempt a funeral establishment from the requirement of having a preparation room. The Executive Director may grant the request only if the establishment is within 50 miles of another funeral establishment that contains a preparation room and has the same ownership. (b) The funeral establishment seeking the exemption must attest that no embalming services will be performed at the exempt establishment. (c) An applicant for an exemption may appeal, in writing, the Executive Director's denial of the request to the Commissioners. The Commissioners' decision is final. Source Note: The provisions of this §203.10 adopted to be effective October 18, 2015, 40 TexReg 7065

SUBCHAPTER ALICENSING ***RULE §203.18 Reissuance of Revoked Funeral Director and/or Embalmer License***

(a) A person whose license to practice funeral directing and/or embalming has been revoked may, after at least three years from the effective date of such revocation, petition the Commission for reissuance of the license, unless another time is provided in the revocation order. (b) The petition shall be in writing. (c) The Commissioners may grant or deny the petition. If the petition is denied by the Commissioners, a subsequent petition may not be considered by the Commissioners until 12 months have lapsed from the date of denial of the previous petition. (d) The petitioner or his legal representative may appear before the Commissioners to present the request for reissuance of the license. (e) The petitioner shall have the burden of showing good cause why the license should be reissued. (f) In considering a petition for reissuance, the Commissioners may consider the petitioner's: (1) moral character; (2) employment history; (3) status of financial support to his family; (4) participation in continuing education programs or other methods of staying current with the practice of funeral directing and/or embalming; (5) criminal history record, including felonies or misdemeanors relating to the practice of funeral directing, embalming and/or moral turpitude; (6) offers of employment as a funeral director and/or embalmer; (7) involvement in public service activities in the community; (8) compliance with the provisions of the Commission Order revoking or canceling the petitioner's license; (9) compliance with provisions of Occupations Code Chapter 651, regarding unauthorized practice; (10) history of acts or actions by any other state and federal regulatory agencies; or (11) any physical, chemical, emotional, or mental impairment. (g) In considering a petition for reissuance, the Commissioners may also consider: (1) the nature and seriousness of the crime for which the petitioner's license was cancelled or revoked; (2) the length of time since the petitioner's license was cancelled or revoked as a factor in determining whether the time period has been sufficient for the petitioner to have rehabilitated himself to be able to practice funeral directing or embalming in a manner consistent with the public health, safety and welfare; (3) whether the license was submitted voluntarily for cancellation or revocation at the request of the licensee; or (4) other rehabilitative actions taken by the petitioner. (h) If the Commissioners grant the petition for reissuance, the petitioner must: (1) take and pass the State Mortuary Law Examination; (2) pay a fee that is equal to two times the normally required renewal fee; and (3) satisfy continuing education requirements of §203.8 of this title. The Commissioners may require the petitioner to complete additional training to assure the petitioner's competency to practice funeral directing and/or embalming. (i) The Commissioners may place the licensee on probation for a period of not less than two years by authorizing the Executive Director to enter into an Agreed Order with the licensee. The Agreed Order shall specify the terms of the probation and the consequences of violating the Order. Source Note: The provisions of this §203.18 adopted to be effective October 18, 2015, 40 TexReg 7065

DIVISION 4 APPEAL PROCEDURES FOR THE SCHOOL BREAKFAST PROGRAM (SBP) ***RULE §1.1031 Request for Appeal***

(a) Actions subject to appeal. Only the following fiscal actions are subject to an appeal. (1) Notice of denial. Denial of all or a part of the Claim for Reimbursement, which includes the recovery of overpayment through direct assessment or offset of future claims, disallowance of overclaims as reflected in unpaid Claims for Reimbursement, submission of a revised Claim for Reimbursement, and correction of records to ensure that unfiled Claims for Reimbursement are corrected when filed; and (2) Withholding of payment. The withholding of payment based on the results of a comprehensive on-site evaluation or follow-up activity. (b) Procedures for requesting an appeal. The following procedures shall apply when a school food authority requests an appeal of any action subject to appeal described in subsection (a) of this section. (1) Notice of denial. The school food authority shall be given notice of the action being taken or proposed, the basis for the action, and the procedures under which the school food authority may request an appeal of the action. (2) Request for appeal. The request for appeal shall be submitted in writing and postmarked on or before 5:00 p.m. central time not later than fifteen (15) days after the receipt, or deemed receipt, of the notice of denial. The request for appeal shall also clearly identify the action being appealed, and include a photocopy of the notice of denial. TDA shall acknowledge the receipt of the request for appeal within ten (10) days of its receipt of the request. (3) Representation. The school food authority may be represented by its designated official, retain legal counsel, or may be represented by another person. (4) Review of record. Any information on which TDA's action was based shall be available to the school food authority for inspection from the date of receipt of the request for an appeal. (5) Opposition. The school food authority may refute the findings contained in the notice of denial in person or by submitting written documentation to TDA's docket clerk. In order to be considered, written documentation shall be submitted to TDA's docket clerk not later than thirty (30) days after receipt of the notice of denial. (6) Hearing. A hearing shall be held by the ARO in addition to, or in lieu of, a review of written information only if the school food authority requests a hearing in the written request for an appeal, unless the ARO determines that the failure to make a timely request was due to circumstances beyond the control of the appellant. The rules and procedures for a hearing for appeals under this subchapter are found in §§1.1050 - 1.1053 of this title (relating to Administrative Hearing Procedures for Conducting the Appeals of the Food and Nutrition Programs). (7) Basis for decision. The ARO shall make a determination based on information provided by TDA and the appellant, and on Program regulations. (8) Time for issuing a decision. Within sixty (60) days of TDA's receipt of the request for an appeal, the ARO shall inform TDA and the appellant of the determination of the ARO. This timeframe is an administrative requirement for TDA and may not be used as a basis for overturning TDA's action if a decision is not made within the specified timeframe. (9) Final decision. The determination made by the ARO is the final administrative determination to be afforded the school food authority and shall take effect upon receipt of the written notice of the final decision by the school food authority. (10) Record of result of appeals. TDA shall maintain searchable records of all appeals and their disposition for three (3) years from the date of the final decision. (c) Effect of State Agency Action. TDA's action shall remain in effect during the appeal process. (d) Computation of time. In computing any period of time prescribed or allowed by this division, the day of the act, event, or default after which the designated period of time begins to run is not to be included. The last day of the period so computed is to be included, 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 or legal holiday. Source Note: The provisions of this §1.1031 adopted to be effective March 1, 2009, 34 TexReg 1228; amended to be effective December 5, 2013, 38 TexReg 8642

SUBCHAPTER C MINORITY PURCHASING ***RULE §1.74 Certification Requirements***

(a) All HUBs must be certified under the historically underutilized business program of the Comptroller of Public Accounts to be eligible to participate in contract and open market purchases of the department. (b) The department will assist HUBs to become eligible for certification and participation in bidding on contracts to be awarded by the department. Source Note: The provisions of this §1.74 adopted to be effective January 31, 1994, 19 TexReg 345; amended to be effective June 16, 2004, 29 TexReg 5780; amended to be effective June 29, 2008, 33 TexReg 4866

SUBCHAPTER A GENERAL PROVISIONS ***RULE §2.4 Notification of Change of Address***

(a) All licensees are required to notify the department in writing within 10 days of any change of address. (b) It is the licensee's responsibility to maintain a valid, current address with the department. Source Note: The provisions of this §2.4 adopted to be effective December 23, 1999, 24 TexReg 11257; amended to be effective August 10, 2005, 30 TexReg 4472

SUBCHAPTER A GENERAL RULES OF PRACTICE ***RULE §1.11 Pleadings***

(a) All pleadings shall be typewritten or printed, double-spaced, upon paper 8 1/2 inches wide and 11 inches long with an inside margin at least one inch wide, and exhibits annexed thereto shall be folded to the same size. Reproductions are acceptable, provided all copies are clear and permanently legible. (b) Pleadings shall state their object, and shall contain a concise statement of the facts in support of the same, and shall be signed by the party filing same or his authorized representative. (c) The original of every pleading shall be signed in ink by the party filing it, or by such party's authorized representative. Pleadings shall contain the name, mailing address, telephone number and telecopier (fax) number, if any, of the party filing the pleading or the name, mailing address, telephone number, and business address of the representative. (d) All official forms, if any, for use in certain department proceedings are available upon request from the department. Such forms shall be printed when appropriate, under the supervision of the commissioner. All pleadings which are the subject of an official form shall contain the information, allegations, and other matter designated in such official form and shall conform substantially to the form thereof. (e) All pleadings for which no official form is prescribed shall contain: (1) the name, mailing address, telephone number, telecopier (fax) number, if any, of the party seeking to bring about or prevent action by the department; (2) the names of all other known parties in interest; (3) a concise statement of the facts relied upon by the pleader; (4) a prayer stating the type of relief, action, or order desired by the pleader; (5) any other matter required by statute or otherwise; and (6) a certificate of service, as required by §1.5 of this title (relating to Filing and Service of Documents). (f) Any pleading filed pursuant to a proceeding before the department may be amended up to seven days prior to the hearing thereon if such amendment does not operate to surprise or otherwise prejudice another party to such proceeding or broaden the scope thereof. Amendments filed after such time may be allowed at the discretion of the administrative law judge. (g) Any pleading may adopt and incorporate, by specific reference thereto, any part of any document or entry in the official files and records of the department. (h) Upon the filing of any pleading, the administrative law judge may examine the same and determine its sufficiency under these rules. If he or she finds that the pleading does not comply in all material respects with these sections, he or she shall return it to the person who filed it, along with his or her statement of the reasons for rejecting the same. The person who filed such pleading shall thereafter have the right to file a corrected pleading, provided that the filing of such corrected pleading shall not be permitted to delay any hearing unless the administrative law judge determines that such delay is necessary in order to prevent injustice or to protect the public interest and welfare. Source Note: The provisions of this §1.11 adopted to be effective January 18, 1991, 16 TexReg 113; amended to be effective August 3, 1993, 18 TexReg 4747; amended to be effective August 23, 1996, 21 TexReg 7656.

SUBCHAPTER ALICENSING ***RULE §203.8 Continuing Education***

(a) Each person holding an active license and practicing as a funeral director or embalmer in this state is required to participate in continuing education as a condition of license renewal. (b) The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise. (1) Approved provider--Any person or organization conducting or sponsoring a specific program of instruction that has been approved by the Commission. (2) Approved program--A continuing education program activity that has been approved by the Commission. The program shall contribute to the advancement, extension, and enhancement of the professional skills and knowledge of the licensee in the practice of funeral directing and embalming by providing information relative to the funeral service industry and be open to all licensees. (3) Hour of continuing education--A 50-minute clock hour completed by a licensee in attendance at an approved continuing education program. (c) Approval of continuing education providers. (1) A person or entity seeking approval as a continuing education provider shall file a completed application on a form provided by the Commission and include the continuing education provider fee and the fee for each course submitted. Governmental agencies are exempt from paying this fee. (2) National or state funeral industry professional organizations may apply for approval of seminars or other courses of study given during a convention. (3) An application for approval must be accompanied by a syllabus for each course to be offered which specifies the course objectives, course content and teaching methods to be used, and the number of credit hours each course is requesting to be granted, and a resume and description of the instructor's qualifications. (4) A provider is not approved until the Commission accepts the application and issues a Provider Number for the provider and a course number for each course offered under that Provider Number. The Commission may refuse to approve a provider's application for any valid reason, as determined by the Commission. (5) A Provider Number and course number are valid for one year, expiring on December 31st of each year, regardless of when the number was granted. (6) The Commission may approve courses that have been approved by the Academy of Professional Funeral Service Practice, Inc. (APFSP). A provider submitting such a course would not need to submit the materials required under subsection (c)(3) of this section unless requested by the Commission. (d) Responsibilities of approved providers. (1) The provider shall verify attendance at each program and provide a certificate of attendance to each attendee. The certificate of attendance shall contain: (A) the name of the provider and approval number; (B) the name of the participant; (C) the title of the course or program, including both the Commission-issued course and program number; (D) the number of credit hours given; (E) the date and place the course was held; (F) the signature of the provider or provider's representative; (G) the signature of the attendee; and (H) if the course was in-person or on-line. (2) The provider shall provide a mechanism for evaluation of the program by the participants, to be completed at the time the program concludes. (3) The provider shall maintain the attendance records and evaluations for a minimum of two years after the course is presented. A copy of the evaluations and/or attendance roster shall be submitted to the Commission upon request. (4) The provider shall be responsible for ensuring that no licensee receives continuing education credit for time not actually spent attending the program. (5) The Commission may monitor any continuing education course with or without prior notice. (e) Credit hours required. (1) Licensed funeral directors and embalmers who actively practice are required to obtain 16 hours of continuing education every two-year renewal period. A licensee may receive credit for a course only once during a renewal period. (2) Persons in Retired or Disabled status are exempt from continuing education. (3) Persons in an active military status are eligible for exemption from the continuing education requirements, upon request. A copy of the active duty orders must be included in the request. Upon release from active duty and return to residency in the state, the individual shall meet the continuing education requirements before the next renewal period after the release and return. (f) The following are mandatory continuing education hours and subjects for each renewal period: (1) Ethics--two credit hours--this course must at least cover of right and wrong, the philosophy of morals, and standards of professional behavior. (2) Law Updates--two credit hours--this course must at least cover the most current versions of Occupations Code Chapter 651, Health and Safety Code Chapter 716, and the Rules of the Commission. (3) Vital Statistics Requirements and Regulations--two credit hours--this course must at least cover Health and Safety Code Chapters 193, 711, and Texas Administrative Code, Title 25, Chapter 181. (g) Of the 16 hours of continuing education, four hours must be taken in-person. The remaining 12 hours may be taken through Internet/online presentation. This requirement for in-person continuing education will apply beginning with the June 30, 2020 renewals (h) The Commission will grant the following credit hours toward the continuing education requirements for license renewal. The credit hours outlined in this section are eligible to be counted toward the four hours of required in-person continuing education. (1) A person is eligible for a maximum of eight credit hours per renewal period for provisional licensee supervision, regardless of the number of provisional licensees supervised. (2) A presenter or instructor of approved continuing education is eligible for a maximum of two credit hours per renewal period per course for instruction, regardless of the number of times the course is presented. (3) A person is eligible for a maximum of four credit hours per renewal period for attendance at Commission meetings, provided the licensee signs in and is present during the entirety of the meeting. (i) Exemptions. (1) An individual whose renewal date is 12 months or less following initial licensure is not required to obtain continuing education hours prior to renewal of the license. An individual whose renewal date is more than 12 months following first licensure is required to complete the mandatory continuing education outlined in subsection (f) of this section. (2) The Executive Director may authorize full or partial hardship exemptions from the requirements of this section based on personal or family circumstances and may require documentation of such circumstances. (A) The hardship request must be submitted in writing at least 30 days prior to the expiration of the license. (B) Hardship exemptions will not be granted for consecutive licensing periods. (j) The Commission will not renew the license of an individual who fails to obtain the required 16 hours of continuing education. (k) Any licensee receiving or submitting for credit continuing education hours in a fraudulent manner shall be required to obtain all continuing education on site and not online for two consecutive renewal periods and shall be subject to any applicable disciplinary action. Source Note: The provisions of this §203.8 adopted to be effective October 18, 2015, 40 TexReg 7065; amended to be effective October 3, 2019, 44 TexReg 5625

SUBCHAPTER K EMPLOYEE TRAINING RULES ***RULE §1.701 Employee Training: Reimbursement for Costs of Employee Education***

(a) General. The department may reimburse, upon successful completion, the cost of tuition and non-refundable fees for GED (high school equivalency) programs and job-related courses (undergraduate and postgraduate) taken from an accredited college, university, or technical school. The reimbursement will be considered only on a course by course basis. There shall be no reimbursement for review courses, exam fees, books, lab supplies, classroom materials, schedule change fees, parking fees, lodging expenses and/or other non-mandatory fees. A degree completion study will not be funded under this program. (b) Employee Eligibility. To be eligible for reimbursement, an employee must: (1) submit a formal request to their respective Assistant Commissioner; (2) not have the cost of the tuition and non-refundable fees for which reimbursement is sought covered by any other financial assistance; however, if the employee is receiving only partial assistance from other sources, Texas Department of Agriculture (TDA) will consider partial reimbursement; (3) show a direct connection between the planned course work and current or prospective job assignments with TDA; (4) meet any special conditions that may be required by the Assistant Commissioner or Deputy Commissioner; (5) not be on probation (unless the subject educational course work is included in the terms of the probation); (6) have at least all "Met Expectations" on the most recent performance appraisal on file; (7) be actively employed at the time of the request for educational assistance; not be on leave without pay status when the class(es) begin; and, be employed with TDA for the entirety of the course(s); (8) have been employed by TDA for at least 12 continuous months at the time the request is submitted; and (9) must not have used this reimbursement policy more than once in a fiscal year, except with the written approval of the Deputy Commissioner. (c) Employee Obligation. (1) If the department pays for training that an employee receives, and during the training period the employee does not perform the employee's regular duties for three or more months as a result of the training, the employee must: (A) work for the department following the training for at least one month for each month of the training period; or (B) pay the department for all the costs associated with the training that were paid during the training period, including any amounts of the employee's salary that were paid and that were not accounted for as paid vacation or compensatory leave. (2) Before an employee receives training that will be paid for by the department and during which the employee will not be performing the employee's regular duties for three months or more, the department shall require the employee to agree in writing, before the training begins, to comply with the requirements prescribed under paragraph (1) of this subsection. (d) Waiver of Obligation. The Deputy Commissioner may waive the requirements prescribed under subsection (c)(1) of this section and release an employee from the obligation to meet those requirements if the Deputy Commissioner finds that such action is in the best interest of the department or is warranted because of an extreme personal hardship suffered by the employee. (e) Employee Liability. If an employee does not provide the services required in accordance with requirements in subsection (c)(1)(A) of this section, provides those services for less than the required term, or fails to make payments required in accordance with subsection (c)(1)(B) of this section, and the employee is not released from the obligation to provide the services or to make the payments under subsection (d) of this section, the employee is liable to the state department for any costs described by subsection (c)(1)(B) of this section and for the department's reasonable expenses incurred in obtaining payment, including reasonable attorney's fees. Source Note: The provisions of this §1.701 adopted to be effective June 29, 2008, 33 TexReg 4866

SUBCHAPTER B DUTIES OF A FUNERAL ESTABLISHMENT/LICENSEE ***RULE §203.32 Requirements Relating to Embalming***

(a) In order to ensure the maximum inhibition of pathogenic organisms in the dead human body, the following minimum standards of performance shall be required of each licensed embalmer in the State of Texas in each instance in which he or she is authorized or required to embalm a dead human body. (1) Embalming shall be performed only by embalmers licensed by the Commission, in properly equipped and licensed establishments, or in the event of a disaster of major proportions, in facilities designated by a Medical Examiner, Coroner, or state health official. Only three types of people may under certain circumstances assist licensed embalmers in embalming: provisional licensed embalmers under the personal supervision of a licensed embalmer; students who are enrolled in an accredited school of mortuary science working on a case intended toward completion of the student's clinical requirements, under the personal supervision of a licensed embalmer and with written permission to assist the embalmer from a family member or the person responsible for making arrangements for final disposition; and, in the event of a disaster of major proportions and with the prior approval of the Executive Director, embalmers licensed in another state as long as they are working with or under the general supervision of a person licensed as an embalmer in this state. (2) Embalmers are required to utilize all personal protective equipment required by either OSHA or its corresponding state agency during the embalming procedure. (3) Clothing and/or personal effects of the decedent shall either be disinfected before delivery to any person or discarded in a manner consistent with the disposal of biohazardous material. (4) The technique utilized to effect eye, mouth, and lip closure shall be any technique accepted as standard in the profession. Regardless of the technique chosen, the embalmer shall be required to achieve the best results possible under prevailing conditions. (5) The entire body may be thoroughly cleaned before arterial injection and shall be cleaned immediately after the embalming procedure with an antiseptic soap or detergent. (6) Body orifices (nostrils, mouth, anus, vagina, ear canals, and urethra) open lesions, and other surgical incisions shall be treated with appropriate topical disinfectants either before or immediately after arterial injection. After cavity treatment has been completed, body orifices shall be packed in cotton saturated with a suitable disinfectant of a phenol coefficient not less than one in cases where purge is evident or is likely to occur and/or when the body is to be transported out of state or by common carrier. (7) The arterial fluid to be injected shall be one commercially prepared and marketed with its percent of formaldehyde, or other approved substance, by volume (index) clearly marked on the label or in printed material supplied by the manufacturer. (8) The fluids selected shall be injected into all bodies in such dilutions and at such pressures as the professional experience of the embalmer shall indicate, except that in no instance shall dilute solution contain less than 1.0% formaldehyde, or an approved substance that acts the same as formaldehyde, and as the professional experience of the embalmer indicates, one gallon of dilute solution shall be used for each 50 pounds of body weight. Computation of solution strength is as follows: C x V = C' x V', where C = strength of concentrated fluid, V = volume of ounces of concentrated fluid, C' = strength of dilute fluid, and V' = volume of ounces of dilute fluid (9) Abdominal and thoracic cavities shall be treated in the following manner. (A) Liquid, semi-solid, and gaseous contents which can be withdrawn through a trocar shall be aspirated by the use of the highest vacuum pressure attainable. (B) Concentrated, commercially prepared cavity fluid which is acidic in nature (6.5 pH or lower) and contains at least two preservative chemicals shall be injected and evenly distributed throughout the aspirated cavities. A minimum of 16 ounces of concentrated cavity fluid shall be used in any embalming case in which a minimum of two gallons of arterial solution has been injected. (C) Should distension and/or purge occur after treatment, aspiration and injection as required shall be repeated as necessary. (10) The embalmer shall be required to check each body thoroughly after treatment has been completed. Any area not adequately disinfected by arterial and/or cavity treatment shall be injected hypodermically with disinfectant and preservative fluid of maximum results. A disinfectant and preservative medium shall be applied topically in those cases which require further treatment. (11) On bodies in which the arterial circulation is incomplete or impaired by advance decomposition, burns, trauma, autopsy, or any other cause, the embalmer shall be required to use the hypodermic method to inject all areas which cannot be properly treated through whatever arterial circulation remains intact (if any). (12) In the event that the procedures in paragraphs (1) - (11) of this subsection leave a dead human body in condition to constitute a high risk of infection to anyone handling the body, the embalmer shall be required to apply to the exterior of the body an appropriate embalming medium in powder or gel form and to enclose the body in a zippered plastic or rubber pouch prior to burial or other disposal. (13) Dead human bodies donated to the State Anatomical Board shall be embalmed as required by the State Anatomical Board and where conflicting requirements exist, those requirements of the State Anatomical Board shall prevail. (14) All bodies should be treated in such manner and maintained in such an atmosphere as to avoid infestation by vermin, maggots, ants, and other insects; however, should these conditions occur, the body should be treated with an effective vermicide and/or insecticide to eliminate these conditions. (15) No licensed establishment or licensed embalmer shall take into its or the embalmer's care any dead human body for embalming without exerting every professional effort, and employing every possible technique or chemical, to achieve the highest level of disinfecting. (16) Nothing in this section shall be interpreted to prohibit the use of supplemental or additional procedures or chemicals which are known to and accepted in the funeral service profession and which are not specifically mentioned in this subsection. (b) Minor variations in these procedures shall be permitted as long as they do not compromise the purpose of this rule as stated in subsection (a) of this section. (c) All embalming case reports must contain, at a minimum, all the information on the case-report form promulgated by the Commission. Funeral establishments may use other forms, so long as the forms contain all the information on the promulgated form. A case report shall be completed for each embalming procedure not later than the date of disposition of the body which was embalmed. The embalmer shall ensure that all information contained in the case report is correct and legible. The completed form shall be retained for two years following the procedure date. The embalming case report must be completed and signed by the licensed embalmer who performed the embalming procedure. (d) Nothing in this section shall be interpreted to require embalming if a family member or the person responsible for making arrangements for final disposition does not authorize embalming. Source Note: The provisions of this §203.32 adopted to be effective October 18, 2015, 40 TexReg 7069; amended to be effective October 3, 2019, 44 TexReg 5625

SUBCHAPTER G INTERAGENCY AGREEMENTS ***RULE §1.330 Memorandum of Understanding (MOU) between the Texas Natural Resource Conservation Commission (commission), the Texas Parks and Wildlife Department (TPWD), and the Texas Department of Agriculture (TDA)***

(a) Need for agreement. (1) The commission, TPWD, and TDA seek to ensure that regulation of aquaculture is conducted in a manner that is both collaborative and responsible. (2) The commission, TPWD, and TDA are concerned about issues relating to the raising of non-native aquatic species and the attendant concern about escape into natural ecosystems, including the introduction of disease into natural ecosystems. (3) The commission, TPWD, and TDA are concerned about the quality of wastewater discharges from aquaculture facilities and their effects on receiving waters in reservoirs, streams, bays, and estuaries. (4) The commission, TPWD, and TDA seek to establish an interagency review procedure for applications requesting authorization to discharge wastewater from aquaculture facilities. (5) The commission, TPWD, and TDA seek to institute an effective system by which coordination and collaboration can be achieved to expedite enforcement actions in response to discharges from aquaculture facilities that are found to contain contagious disease that may impact state waters. (6) Texas Water Code, §5.104, authorizes the commission to enter into an MOU with any other state agency. (7) Texas Agriculture Code, §134.031, directs the commission, TPWD, and TDA to enter into an MOU for the regulation of matters relating to aquaculture. (8) It is the intention of this MOU to provide a formal mechanism by which TPWD and TDA may review and provide feedback on aquaculture issues that are subject to regulation by the commission and that have the potential to affect natural resources and the regulation of aquaculture within the jurisdiction of TPWD or TDA. This exchange of information would assist the commission in making environmentally sound decisions and would improve coordination between the commission, TPWD, and TDA. (b) Definitions. The following words and terms, when used in this section, shall have the following meanings unless the context clearly indicates otherwise. (1) Application--A request submitted by an aquaculture facility to the commission for authorization to discharge under an individual permit or registration; a Notice of Intent (NOI) to seek authorization under a general permit; or a request for an exemption. (2) Aquaculture--The business of producing or rearing aquatic species (fish, crustaceans, and other organisms in either fresh or marine waters) utilizing ponds, lakes, fabricated tanks and raceways, or other similar structures. (3) Memorandum of Understanding (MOU)--A formal document that clarifies and provides for the respective duties, responsibilities, or functions of the state agencies who are signatories on any matter or matters under their jurisdiction that are not expressly assigned to either one of them. (c) Responsibilities. (1) The commission. The responsibilities of the commission relate primarily to its role as the natural resource agency with primary responsibility over conservation of natural resources and the protection of the environment, under Texas Water Code, §5.012. (A) The commission has general jurisdiction over the state's water quality program including issuance of waste discharge permits, water quality planning, and enforcement of water quality rules, standards, orders, and permits. (B) The commission seeks to maintain the quality of water in the state consistent with public health and enjoyment, the propagation and protection of terrestrial and aquatic life, the operation of existing industries, and the economic development of the state, and to require the use of all reasonable methods to implement this policy. (C) The commission is responsible for review of NOIs and requests for exemption, and review of applications and subsequent issuance of waste discharge permits, temporary orders, emergency orders, and registrations. (2) TPWD. The responsibilities of TPWD relate primarily to its functions as a natural resource agency, including its resource protection functions, as designated by the Parks and Wildlife Code, §12.001. (A) TPWD is the state agency with primary responsibility for protecting the state's fish and wildlife resources. (B) TPWD provides recommendations that will protect fish and wildlife resources to local, state, and federal agencies that approve, permit, license, or construct developmental projects. (C) TPWD provides information on fish and wildlife resources to any local, state, and federal agencies or private organizations that make decisions affecting those resources. (D) TPWD regulates the taking, possession, and conservation of all kinds of marine life and other aquatic life. (E) TPWD regulates the introduction of fish, shellfish, and aquatic plants into public water, under Texas Parks and Wildlife Code, §66.015(b). (F) TPWD regulates the importation, possession, and placing into state water of harmful or potentially harmful exotic species of fish, shellfish, or aquatic plants, under Texas Parks and Wildlife Code, §66.007(a). (G) TPWD is responsible for review of applications and subsequent issuance of permits relating to the importation, possession, and placing into state water of harmful or potentially harmful exotic species of fish, shellfish, or aquatic plants, under Texas Parks and Wildlife Code, §66.007(a). (3) TDA. The responsibilities of TDA relate primarily to its functions as a regulatory agency that oversees the licensing and regulation of aquaculture operations under Texas Agriculture Code, Chapter 134. (A) TDA is responsible for establishing recordkeeping requirements for commercial aquaculture facilities. (B) TDA is responsible for the review of applications and subsequent issuance of aquaculture licenses under Texas Agriculture Code, Chapter 134, to aquaculture facilities that produce and sell cultured species. (C) TDA is responsible for the review of applications and subsequent issuance of aquaculture licenses under Texas Agriculture Code, Chapter 134, for fish farm vehicles selling cultured species from the vehicle. (d) Provisions. This MOU is to facilitate the coordination and collaboration between the commission, TPWD, and TDA with regard to aquaculture facilities. (1) Coordination procedures for NOIs, applications for registrations, and requests for exemptions. (A) The executive director will provide copies of all NOIs, registration applications, and requests for exemption to TPWD and TDA within 14 days of the stamped date of receipt. (i) Within 45 days of the date of receipt of the NOI, registration application, or request for exemption, by TPWD and TDA, each will complete its initial assessment, and by letter shall: (I) provide the executive director with formal written recommendations designed to protect fish and wildlife resources; or (II) indicate that it has no comments; or (III) request additional information from the commission. (ii) If the commission does not receive formal written comments from TPWD or TDA within 45 days of the date of receipt of the NOI, registration application, or request for exemption, by TPWD and TDA, the executive director will conclude that there are no comments and continue normal processing of the application. (B) Upon receipt of a request from TPWD or TDA for additional information, the executive director will immediately provide such information if it is contained in the application materials. If additional information is not included in the application materials, and if the information is necessary for TPWD or TDA to make its evaluation, the TPWD or TDA will request such additional information from the applicant, notify the executive director of this request, and ask the applicant to send a copy of its reply to the commission. If the applicant does not provide the additional information to the TPWD or TDA within 30 days of a request, the TPWD or TDA may request that the executive director suspend processing of the application. If the executive director determines that this additional information is essential to complete the technical review, the executive director will determine whether it is appropriate to either suspend processing or deem the application incomplete and return it to the applicant. (C) Upon receipt of additional information from the executive director or the applicant, the TPWD and TDA will each have 30 days to complete its review and either make final recommendations or indicate by letter that it has no comments. If formal written comments or additional information is not received from the TPWD or TDA within 30 days, the executive director will conclude that there are no comments and will continue normal processing of the application. (2) Coordination procedures for individual permit applications. (A) The executive director will provide notification to TPWD and TDA of each application received which requests individual permit authorization for the discharge or disposal of wastewater from aquaculture facilities. Notification shall be transmitted within 14 days of a request received from either TPWD or TDA, or after the permit application has been assigned to a permit writer. Notification shall include a copy of the application and any comments, memoranda, letters, or other information incorporated in the application file following date of application receipt so that TPWD and TDA may complete an initial assessment of the proposed operation. (i) Within 45 days of the date of receipt of notification by TPWD and TDA, each will complete its initial assessment, and by letter shall: (I) provide the executive director with formal written recommendations designed to protect fish and wildlife resources; or (II) indicate that it has no comments; or (III) request additional information from the commission. (ii) If the commission does not receive formal written comments from TPWD or TDA within 45 days of the date of receipt of the notification by TPWD and TDA, the executive director will conclude that there are no comments and continue normal processing of the application. (B) Upon receipt of a request from TPWD or TDA for additional information, the executive director will immediately provide such information if it is contained in the application materials. If additional information is not included in the application materials, and if the information is necessary for TPWD or TDA to make its evaluation, the TPWD or TDA will request such additional information from the applicant, notify the executive director of this request, and ask the applicant to send a copy of its reply to commission. If the applicant does not provide the additional information to the TPWD or TDA within 30 days of a request, the TPWD or TDA may request that the executive director suspend processing of the application. If the executive director determines that this additional information is essential to complete the technical review, the executive director will determine whether it is appropriate to either suspend processing or deem the application incomplete and return it to the applicant. (C) Upon receipt of additional information from the executive director or applicant, the TPWD and TDA will each have 30 days to complete its review and either make final recommendations or indicate that it has no comments. If formal written comments are not received from the TPWD or TDA within 30 days, the executive director will conclude that there are no comments and continue normal processing of the application. (D) In coordination with the TPWD and TDA, the commission shall, within 120 days of the date of adoption of this MOU, establish guidelines for a site assessment environmental report for new commercial shrimp facilities located within the coastal zone. This report shall describe the existing environmental conditions at the proposed site including aquatic habitat and the conditions of water in the state into which a discharge is proposed. The report must provide an assessment of any potential impacts of wastewater discharges on sensitive aquatic habitats in the area of the proposed site, and significant impacts related to the construction or operation of the facility, and any mitigation actions proposed by the applicant. (3) Coordination procedures applicable to all applications. (A) The scope of review by TPWD may include, but is not limited to: consideration of especially sensitive receiving water conditions (aquatic habitat); impacts of the discharge on substrate (scouring, sedimentation) and water transparency; alteration of receiving water flow characteristics; existing or attainable biological and recreational uses; discharge rate and volume; and the likelihood of disease transmission. Comments may be addressed directly to the applicant by TPWD. (B) The scope of review by TDA may include, but is not limited to, whether or not an application for the discharge or disposal of wastewater from aquaculture facilities should be approved. (C) Formal written comments received from TPWD and TDA will be considered by the executive director in making decisions on applications requesting authorization for the discharge or disposal of wastewater from aquaculture facilities. TPWD's and TDA's comments will be evaluated in conjunction with all other applicable factors and will be incorporated by the executive director whenever it is consistent with the commission's responsibilities. In accordance with the responsibilities of the commission as described in this document, the executive director reserves the right to determine the final disposition of applications. Upon making a preliminary recommendation regarding an application, the executive director will provide a response to TPWD and TDA that contains a copy of the initial draft permit, draft order, or final decision on an exemption or registration, and documentation providing an explanation on why any of TPWD's and TDA's comments were not incorporated. A final draft permit will be transmitted to the TPWD and the TDA. (D) TPWD shall, within 120 days of the date of adoption of this MOU, develop guidelines identifying sensitive aquatic habitat within the coastal zone. TPWD will provide the guidelines it develops to the executive director and TDA. The executive director will consider the sensitive aquatic habitat guidelines when reviewing wastewater discharge applications for new aquaculture facilities or expansion of existing facilities in the coastal zone. (E) TPWD shall, within 120 days of the date of adoption of this MOU, develop guidelines which list the type of information it needs from permit applicants, in addition to the commission wastewater permit application, in order to make a determination as to whether the proposed discharges will not adversely affect a bay, an estuary, or other water in the state. This additional information will be used during the review of the permit application. The TPWD will develop these guidelines with input from the stakeholders, the commission, and TDA. When the guidelines are finalized by TPWD, the agencies will make them available to stakeholders and applicants, and it is expected that the requested information will routinely be required as part of any wastewater discharge application. It is understood that occasions may arise when information beyond that which is listed in the guidelines may be required by TPWD. (F) A new exotic species permit will not be issued by TPWD to any aquaculture facility that proposes to discharge wastewater until a commission waste discharge permit or other authorization has been issued or it is determined that the facility is exempted from such requirements. (G) TDA will provide a copy of each aquaculture license application received to the commission and TPWD. An aquaculture license will not be issued by TDA to any aquaculture facility until a commission waste discharge permit or other authorization has been issued, or it is determined that the facility is exempted from such requirements. (H) An interagency work group will be formed whose function will be to meet at least annually to address aquaculture issues relating to water quality, fish and wildlife resources, and receiving stream habitat and uses. This work group will serve to strengthen coordination of the commission, TPWD, and TDA activities related to the aquaculture industry and provide a conduit for shared information. The work group shall be composed of members of each agency and staffed at levels which are mutually agreeable as adequate to accomplish the stated goals. Each agency shall designate a primary contact person for this group and notify the other agencies of any changes to the primary contact person. (I) The executive director and TPWD will coordinate studies related to applications that request authorizations for the discharge and disposal of wastewater. This may include on-site visits, receiving water assessments, sample collection, data analysis and related activities. Notification of these activities will be provided at least five days prior to the activity or as soon as is practicable. TPWD will notify the appropriate commission regional office and the Wastewater Permitting Section. The executive director will notify TPWD Resource Protection Regional Office and headquarters. (J) The executive director and TPWD will strive to coordinate responses to emergency conditions, investigation of unauthorized waste discharges, and compliance inspections of aquaculture facilities. The executive director and TPWD will provide notice to each other regarding site inspections, so as to allow the other agency to participate if desired. Notifications of scheduled compliance inspections will be provided at least five days before the inspection. Notification of other activities will be provided as soon as practicable. TPWD will notify the commission regional office and the executive director will notify TPWD Resource Protection Regional Office. (K) The executive director, TPWD, and TDA will strive to provide to each agency, notification of public meetings and public hearings that relate to aquaculture applications. (L) The executive director and TPWD will continue to develop and provide to applicants, permit conditions and, as appropriate, guidance related to disease, quarantine conditions, and emergency plans. (e) Application Review Committee. (1) Purpose. (A) The application review committee (ARC) will review wastewater discharge authorization applications to ensure that the proposed discharges will not adversely affect a bay, an estuary, or other water in the state. (B) The commission, TPWD, and TDA recognize the importance of integrating and coordinating among themselves to ensure that this ultimate goal, stated in subparagraph (A) of this paragraph, is achieved. (C) In order to accomplish this, the ARC will function as a forum for discussion, answering questions and resolving differences, in an attempt to come to consensus regarding the controls needed to meet the ultimate goal. (D) The ARC shall primarily be used as a means for settling unresolved disputes concerning aquaculture between the agencies. (2) Membership. (A) Each agency, the commission, TPWD, and TDA, will appoint one member to the ARC. (B) Each agency shall appoint an alternate member of the committee. (C) If a member or alternate is unable to attend a meeting, then that member or alternate will temporarily delegate his or her decision-making authority to other staff of that agency for that meeting only. (D) At meetings of the ARC, technical specialists representing the agencies may participate in or contribute to the committee's discussions and other activities. (E) Within two weeks of the adoption of this MOU, each agency will inform the other two agencies of the member and alternates. (F) An agency may change its member or alternate by providing notice to each of the other members and alternates. (3) Applicability. The ARC may consider any wastewater discharge application when disputes can not be resolved at the staff level. (4) Functioning of the ARC. (A) Meetings. (i) Meetings will be on an as needed basis. (ii) Any member of the ARC may request a meeting of the committee to consider one or more discharge applications. (iii) Any meeting of the ARC to consider a specific discharge permit application should, whenever possible, be requested prior to the public notice of the application and preliminary decision. (iv) It is the responsibility of the member requesting the meeting to notify all the members and alternates, and to establish a mutually agreeable meeting time and location. (v) The meeting shall take place within seven calendar days of the request. (vi) It is the responsibility of the agency requesting the meeting to take minutes of the meeting, to provide the minutes for review and comment of the other parties, and to provide a final version of the minutes which reflects any comments received. (B) Decision making. The ARC will strive for unanimous consent on all decisions. In the event that unanimous agreement cannot be reached among members of the committee, the matter under consideration may be referred to officials of the agencies for resolution in an expeditious manner. The agencies agree that, while recognizing the areas of expertise and authority of the members, decision-making deliberations will focus on the agencies' mutual purpose of ensuring that the proposed discharge will not adversely affect a bay, an estuary, or other water in the state. (C) Confidentiality. The ARC supports an open government policy and it is understood and agreed that information subject to public disclosure under the Texas Public Information Act shall be released upon written request. (f) General conditions. (1) The term of this MOU shall be from the effective date until termination of this agreement. Any amendment to the MOU shall be made by mutual agreement of the parties and shall be adopted by rule by all parties. (2) Each party shall adopt the MOU by rule. All amendments shall also be adopted by rule. This MOU, and any subsequent amendment, shall become effective 20 days after the date on which the rule is filed in the Office of the Secretary of State. (3) By signing this MOU, the signatories acknowledge that they are acting upon proper authority from their governing bodies. (4) Reservation of rights. Each agency has and reserves the right to take whatever actions necessary to pursue or preserve any legal remedies available to that agency, and nothing in this MOU is intended to waive or foreclose any such right. Source Note: The provisions of this §1.330 adopted to be effective August 1, 2001, 26 TexReg 5637

SUBCHAPTER E ADVISORY COMMITTEES ***RULE §1.212 Texas Bioenergy Policy Council and Committee***

(a) Purpose. The Texas Bioenergy Policy Council (Council) and Texas Bioenergy Research Committee (Committee) are created pursuant to Texas Agricultural Code, Chapter 50D. The purpose of the Council and Committee is to promote the goal of making biofuels and bioenergy a significant part of the energy industry in Texas. (b) Policy Council's Duties. The Council shall: (1) provide a vision for unifying this state's agricultural, energy, and research strengths in a successful launch of a cellulosic biofuel and bioenergy industry; (2) foster development of cellulosic-based and bio-based fuels and build on the Texas emerging technology fund's investments in leading-edge energy research and efforts to commercialize the production of bioenergy; (3) pursue the creation of a next-generation biofuels energy research program at a university in this state; work to procure federal and other funding to aid this state in becoming a bioenergy leader; (4) study the feasibility and economic development effect of a blending requirement for biodiesel or cellulosic fuels; (5) pursue the development and use of thermochemical process technologies to produce alternative chemical feedstocks; (6) study the feasibility and economic development of the requirements for pipeline-quality, renewable natural gas; and (7) perform any other advisory duties as requested by the commissioner regarding the responsible development of bioenergy resources in this state. (c) Research Committee's Duties. The Committee shall: (1) identify and research appropriate and desirable biomass feedstock for each geographic region of this state; (2) investigate logistical challenges to the planting, harvesting, and transporting of large volumes of biomass and provide recommendations to the Council that will aid in overcoming barriers to transportation, distribution, and marketing of bioenergy; (3) identify strategies for and obstacles to the potential transition of the agriculture industry in western regions of this state to dryland bioenergy crops that are not dependent on groundwater resources; explore regions of this state, including coastal areas, that may contain available marginal land for use in growing bioenergy feedstocks; (4) study the potential for producing oil from algae; study the potential for the advancement of thermochemical process technologies to produce alternative chemical feedstocks; (5) study the potential for producing pipeline-quality natural gas from renewable sources; and (6) perform other research duties as requested by the commissioner relating to the responsible development of bioenergy resources in this state. (d) Reporting. Reporting takes place through meetings held by the Council and Committee. Through these meetings, the Commissioner and/or department staff discusses matters related to the Council and Committee's business and the Council and Committee provides oral feedback and direction. The department provides administrative support to the Council and Committee. Department staff prepares and maintains the minutes of each meeting. Staff maintains a record of actions taken and distributes copies of approved minutes and other documents to Council and Committee members. (e) Of those Council and Committee members that are appointed by the governor, four positions will expire January 1 of each odd-numbered year and four positions will expire January 1 of each even-numbered year. Source Note: The provisions of this §1.212 adopted to be effective December 23, 2009, 34 TexReg 9179

SUBCHAPTER A GENERAL RULES OF PRACTICE ***RULE §1.41 Private Real Property Rights Affected by Governmental Action***

(a) Purpose. The purpose of this section is to establish procedures whereby the Texas Department of Agriculture (the department) determines if private real property rights are affected by governmental action taken by the department or the commissioner of agriculture. (b) Categorical Determination. Categorical determinations that no private real property interests are affected by the proposed governmental action obviates need for further compliance with the Private Real Property Preservation Act, Government Code, Chapter 2007 (the Act). The following activities and programs, and policies or regulations promulgated to implement them do not affect private real property interests: (1) Activities related to personnel management; (2) Activities related to purchase of goods and services; (3) Activities related to the general administrative practice and procedures of the agency; (4) Requirements or activities relating to the implementation of the agency's promotional marketing or financial assistance programs; (5) Requirements related to hearings and appeals; (6) Activities related to the issuance of licenses as part of the agency's farmers market certification program; (7) Activities related to the department's operation of its livestock export facilities; (8) Activities related to the implementation of the agency's grant programs; and (9) Activities related to the implementation of the following agency regulatory programs: (A) Agri-Systems Program, including organic certification, and plant quality programs; (B) Cooperative Inspection Program conducted jointly with United States Department of Agriculture for the inspection of fresh fruits, vegetables, nuts and peanuts; (C) Commodity Programs including the Agricultural Protective Act, Aquaculture, Cooperative Marketing Association, Commodity Warehouse, Egg Quality, and Piece Rate programs; (D) Weights and Measures programs including the Fuel Quality and Public Weigher programs; (E) Seed programs including the Seed Quality, Seed and Plant Certification and Seed Arbitration programs; and (F) Pesticide programs including the Pesticide Applicator Licensing and Pesticide Product Registration programs, Worker Protection program, Certification and Training program, and Risk Assessment, Toxicology and Endangered Species programs. (c) Guide for Evaluating Proposed Governmental Actions. The following governmental actions are covered under the Act: (1) actions involving adoption or issuance of an ordinance, rule, regulatory requirement, resolution, policy, guideline, or similar measure; (2) actions imposing a physical invasion or requiring a dedication or exaction of private real property; (3) action that involves the enforcement of an action listed in paragraphs (1) and (2) of this subsection, whether the enforcement of the action is accomplished through the use of permitting, citations, orders, judicial, or quasi-judicial proceedings, or other similar means. (d) Making a No Private Real Property Impact (No PRPI) Determination. If it is determined that there are no private real property interests impacted by a specific governmental action, the need for any further compliance with the Act is obviated. (1) A No PRPI determination is determined by answering the following question: Does the covered governmental action result in a burden on private real property as that term is defined in the Act? (2) Whether the governmental action results in a burden on private real property is determined by the answers to the following questions. (A) Will the action involve a physical seizure or occupation of private real property? (B) Will the action involve a regulation of private real property or of activities occurring on private real property? (C) Will the action deny a fundamental right of ownership? That is, will it diminish or destroy the right of a private property owner to exclude others from the property, to possess it, or dispose of it? (D) Will the value of private real property that is the subject of the action be reduced by 25% or more as a result of the action? (E) Will the action deprive the owner of all economically viable uses of the property? (3) If the answer to each of the questions posed in subparagraphs (2)(A)-(E) of this subsection is NO, there is a No PRPI determination, and no further action pursuant to the Act is needed for the action. If the answer to any of the questions posed is YES, a Taking Impact Assessment is required. (e) Taking Impact Assessment (TIA). (1) Prior to Completion of TIA. Before a TIA is completed, it should be determined by the procedure established by subsections (b)-(c) of this section that: (A) the contemplated governmental action does not fall within the categorical determinations for which no TIA is required; (B) the contemplated governmental action does not fall within the exceptions to the Act; and (C) there may be an impact on private real property interests. (2) Elements of the TIA. The specific elements that must be evaluated when proposing to undertake a governmental action that requires a TIA include the following: (A) the specific purpose of the proposed action and whether and how the proposed action substantially advances its stated purpose; and (B) the burdens imposed on private real property; and (C) the benefits to society resulting from the proposed use of private real property; and (D) reasonable alternative actions that could accomplish the specified purpose, including a comparison, evaluation, or explanation of the following: (i) how an alternative action would further the specified purpose; and (ii) whether an alternative action would constitute a taking; and (E) whether engaging in the proposed governmental action will constitute a "taking" as determined by answering the following questions. (i) Is there a "taking" under the United States Constitution? (ii) Is there a "taking" under the Texas Constitution? (iii) Is there a "taking" under the Act (25% diminution in value or property subject of the governmental action)? (f) A TIA prepared under this section is public information. Source Note: The provisions of this §1.41 adopted to be effective November 25, 1999, 24 TexReg 10317

201.15 Joint Memorandum of Understanding

(a) Pursuant to Occupations Code §651.159, the Texas Funeral Service Commission (herein referred to as the "TFSC"), the Texas Department of Insurance (herein referred to as the "TDI"), and the Texas Department of Banking (herein referred to as the "DOB") hereby adopt the following joint memorandum of understanding (JMOU) relating to prepaid funeral benefits as defined in Finance Code Chapter 154. The TFSC, TDI, and DOB intend this memorandum of understanding to serve as a vehicle to assist the three agencies in their regulatory activities, and to make it as easy as possible for a consumer with a complaint to have the complaint acted upon by all three agencies, where appropriate. In order to accomplish this end, where not statutorily prohibited, the three agencies will share information between the agencies which may not be available to the public generally under the Public Information Act, Government Code Chapter 552. Such information will be transmitted between agencies with the understanding that it is considered confidential, is being furnished to the other agencies in furtherance of their joint responsibilities as state agencies in enforcing their respective statutes, and that it may not be disseminated to others except as required. (b) Responsibilities of each agency in regulating prepaid funeral benefits: (1) The Texas Funeral Service Commission is responsible for the following: (A) licensing funeral directors, embalmers, provisional funeral directors, provisional embalmers, crematory, and funeral establishments. The TFSC may refuse to license a person or establishment which violates Finance Code Chapter 154 under Occupations Code §651.460(b)(3); (B) taking action under Occupations Code §651.460(b)(3) against any licensee violating Finance Code Chapter 154; and (C) taking action under Occupations Code §651.460(b)(3) against any funeral director in charge, crematory owner, and/or funeral establishment owner for violations of Finance Code Chapter 154 by persons directly or indirectly connected to the crematory or funeral establishment. (2) The Texas Department of Banking is responsible for administering Finance Code Chapter 154, and 7 Texas Administrative Code (TAC) Chapter 25, including, but not limited to, the following: (A) bringing enforcement actions against any person, including licensees of TFSC and TDI, who violate Finance Code Chapter 154 and/or 7 TAC Chapter 25; and (B) all other actions authorized by Finance Code Chapter 154 and 7 TAC Chapter 25. (3) The Texas Department of Insurance is responsible for the following: (A) regulating insurers that issue or propose to issue life insurance policies or annuity contracts which may fund prepaid funeral contracts; (B) regulating individuals/entities that perform the acts of an insurance agent(s) as defined in the Insurance Code Article 21.02 and Chapter 101; (C) regulating insurance/annuity contracts that may fund prepaid funeral contracts; (D) regulating unfair trade practices relating to the insurance/annuity contracts which may fund prepaid funeral contracts pursuant to the Insurance Code Article 21.21; (E) regulating unfair claims settlement practices by insurance companies pursuant to the Insurance Code Chapter 542. (c) Procedures used by each agency in exchanging information with or referring complaint to one of the other agencies. (1) Exchanging information. If, upon receipt of a complaint, or during the course of an investigation, an agency (referred to as the receiving agency) receives any information that might be deemed of value to another of the agencies (referred to as the reviewing agency), the receiving agency will contact the reviewing agency and will forward the relevant information to the reviewing agency at its request. (2) Referral of complaints for handling. When an agency receiving a complaint refers the complaint to another agency for handling, the receiving agency will contact the complainant in writing informing him or her of the referral, provide contact information to the reviewing agency's processing of the complaint. (3) Complaint procedures. The three agencies will work together to establish procedures to ensure complaints will be fully resolved by the reviewing agency. (d) Procedures to be used by each agency in investigating a complaint. (1) All agencies. (A) Each agency will develop internal complaint procedures for violations relating to prepaid funeral benefits. The procedures should at a minimum provide for: (i) identification of necessary data and documents to be obtained from the complainant; and (ii) such other steps deemed necessary for the agency to perform an adequate and appropriate investigation. (B) Each agency may assist either of the other agencies with investigations relating to prepaid funeral benefits. (2) The Texas Funeral Service Commission. (A) Complaints received by the TFSC will be logged in and investigated as required under Occupations Code Chapter 651. A complaint about violations of Finance Code Chapter 154 and/or 7 TAC Chapter 25 will be referred to the DOB. (B) If disciplinary action against a licensee of the TFSC is found to be appropriate, the matter will be referred to the Administrator of Consumer Affairs & Compliance Division of TFSC. (C) If the complaint involves a matter handled by either the DOB or TDI, as well as a violation of the TFSC statutes or regulations, it will be referred to the appropriate agency for further action. DOB will be primarily responsible for enforcing violations of Finance Code Chapter 154 or 7 TAC Chapter 25. The agencies will coordinate their investigations to avoid duplication of effort. (3) Texas Department of Banking. (A) Complaints received by the Special Audits Division will be entered into a complaint log and assigned a reference number. If, after agency notice to the subject of the complaint, the complaint is not resolved, the DOB will investigate. (B) If disciplinary action against a person who violated Finance Code Chapter 154 or 7 TAC Chapter 25 is appropriate, the matter will be referred to the agency's legal staff. (C) If the complaint involves a matter handled by either the TDI or TFSC, as well as a violation of Finance Code Chapter 154 or 7 TAC Chapter 25, the DOB will coordinate with those agencies DOB will be primarily responsible for enforcing violations of Finance Code Chapter 154 or 7 TAC Chapter 25. (D) In the event that the DOB issues an order against a person or entity who is a licensee under the jurisdiction of the TFSC or the TDI, the DOB will send the TFSC and the TDI a copy of the order. (4) Texas Department of Insurance. (A) Complaints received by the Consumer Protection Division of TDI will be logged in and investigated, except that if a complaint is solely violations of Finance Code Chapter 154 and/or 7 TAC Chapter 25, the complaint will be referred to the DOB. Other areas of TDI can be called upon for assistance in the investigation of the complaint where appropriate. (B) If disciplinary or other regulatory action against a licensee of the TDI is found to be appropriate, the matter will be referred to the Compliance Intake Unit of TDI. (C) If the complaint involves a matter handled by either the DOB or TFSC, as well as a violation of the TDI statutes or regulations, it will be referred to the appropriate agency for further action. DOB will be primarily responsible for enforcing violations of Finance Code Chapter 154 or 7 TAC Chapter 25. The agencies will coordinate their investigations to avoid duplication of effort. (D) In the event that the Commissioner of Insurance issues an order against a person that also sells, funds or provides prepaid funeral benefits or is subject to the jurisdiction of the DOB or the TFSC, the TDI will send the DOB and the TFSC a copy of the order. (e) Actions the agencies regard as deceptive trade practices. (1) The TFSC, the DOB, and the TDI regard as deceptive trade practices those actions found under Business and Commerce Code §17.46. (2) With respect to trade practices within the business of insurance, the TDI regards as deceptive trade practices those actions found under Insurance Code Chapter 541, other chapters of the Code and the regulations promulgated by the TDI there under. (f) Information the agencies will provide consumers and when that information is to be provided. (1) TFSC, DOB, and TDI will continue to provide consumers with the brochure entitled "Facts About Funerals" developed by TFSC (in Spanish and in English). DOB will continue to provide consumers with information on its website in accordance with Finance Code §154.132, including the informational brochure developed in accordance with Finance Code §154.131. (2) DOB, TDI, and TFSC will maintain their toll free numbers. (3) TFSC, DOB, and TDI, as state agencies, are subject to the Public Information Act, Government Code Chapter 552. Upon written request, the three agencies will provide consumers with public information which is not exempt from disclosure under that Act. As noted in the preamble to this JMOU, the agencies may, where not statutorily prohibited, exchange information necessary to fulfill their statutory responsibilities among each other, without making such information public information under the Public Information Act. (g) Administrative penalties each agency imposes for violations. (1) Texas Funeral Service Commission. The TFSC may impose an administrative penalty, issue a reprimand, or revoke, suspend, or place on probation any licensee who violates Finance Code Chapter 154. TFSC administrative penalties vary based on the violation; TFSC sanctions are imposed under Occupations Code Chapter 651. (2) Texas Department of Banking. DOB administrative penalties vary based on the violation; DOB sanctions are imposed under Finance Code Chapter 154. (3) Texas Department of Insurance. TDI administrative penalties vary based on the violation; TDI sanctions are imposed under Insurance Code Chapter 82. Source Note: The provisions of this §201.15 adopted to be effective October 18, 2015, 40 TexReg 7065

SUBCHAPTER N FOOD AND FIBERS RESEARCH GRANT PROGRAM RULES ***RULE §1.922 Administration***

(a) The Program shall be administered by a Program director appointed by the Commissioner, who shall interact with staff and officials of universities, federal government, and state government concerning Program activities and projects. (b) The Program director may: (1) communicate with Council members; (2) interact with producers and members of the industries that the Program serves; (3) request and review research proposals; (4) recommend research projects for funding by the Council; (5) monitor approved research projects at the universities; (6) monitor other private, federal, and state research; (7) receive and review research reports; and (8) receive, review, and approve payment vouchers. (c) The Council shall approve the Program budget and projects to be funded in accordance with §42.004 of the Texas Agriculture Code. Source Note: The provisions of this §1.922 adopted to be effective April 19, 2006, 31 TexReg 3252

TITLE 1 ADMINISTRATION PART 1 OFFICE OF THE GOVERNOR CHAPTER 3 CRIMINAL JUSTICE DIVISION SUBCHAPTER AGENERAL GRANT PROGRAM PROVISIONS RULE §3.3 Definitions

(a) applicant: an agency or organization that has submitted a grant application or grant renewal documentation; (b) approved budget categories: budget categories (including personnel, contractual and professional services, travel, equipment, construction, supplies and other direct operating expenses, and indirect costs) that contain a line item with a dollar amount greater than zero that is approved by CJD through a grant award or a budget adjustment; (c) CJAC: Criminal Justice Advisory Committee, a component of a COG. A CJAC must have a multi-disciplinary representation of members from the region. This representation must contain members from the following groups: concerned citizens or parents, drug abuse prevention, education, juvenile justice, law enforcement, mental health, nonprofit organizations, prosecution/courts, and victim services. No single group may constitute more than one third of the CJAC; (d) CJD: The Criminal Justice Division of the Office of the Governor or its designee; (e) COD: The Compliance and Oversight Division of the Office of the Governor or its designee; (f) COG: a regional planning commission, council of governments, or similar regional planning agency created under Chapter 391, Texas Local Government Code; (g) computing devices: machines used to acquire, store, analyze, process, and publish data and other information electronically, including accessories (or "peripherals") for printing, transmitting and receiving, or storing electronic information; (h) condition of funding: a prerequisite placed on a grant because of a need for information, clarification, or submission of an outstanding requirement of the grant that may result in a hold being placed on the CJD-funded portion of a grant project; (i) equipment: tangible personal property (including information technology systems) having a useful life of more than one year and a per unit acquisition cost which equals or exceeds the lesser of the capitalization level established by the grantee for financial statement purposes or $5,000; (j) executive director: the executive director of CJD; (k) grant funds: CJD-funded and matching funds portions of a grant project; (l) grantee: an agency or organization that receives a grant award; (m) indirect costs: those costs incurred for a common or joint purpose benefitting more than one cost objective, and not readily assignable to the cost objectives specifically benefitted, without effort disproportionate to the results achieved; (n) information technology systems: computing devices, ancillary equipment, software, firmware, and similar procedures, services (including support services), and related resources; (o) liquidation date: the date specified in an original grant award or a subsequent grant adjustment upon which a grantee must expend all outstanding liabilities; (p) matching funds: the grantee's share of the project costs. Matching funds may either be cash or in-kind. Cash match includes actual cash spent by the grantee and must have a cost relationship to the award that is being matched. In-kind match includes the value of donated services. An applicant's use of matching funds must comply with the same statutes, rules, regulations, and guidelines applicable to the use of the CJD-funded portion of a grant project; (q) OMB: the Executive Office of the President of the United States, Office of Management and Budget; (r) program income: gross income earned by the grantee that is directly generated by a supported activity or earned as a result of the award during the period of performance. Program income includes, but is not limited to, forfeitures, fees for services performed, the use of rental or real or personal property acquired under an award, the sale of commodities or items fabricated under an award, and license fees and royalties on patents and copyrights. Interest earned on advances of grant funds is not program income. Except otherwise provided in applicable law, regulations or the terms and conditions of the award, program income does not include rebates, credits, discounts and interest earned on any of them; (s) RFA: Request for Applications, published in the Texas Register by CJD; (t) supplies: all tangible personal property other than those described in accordance with §3.3(i) of this chapter. A computing device is a supply if the acquisition cost is less than the lesser of the capitalizations level established by the grantee for financial statement purposes or $5,000, regardless of the length of its useful life; and (u) UGMS: the Uniform Grant Management Standards. Source Note: The provisions of this §3.3 adopted to be effective February 24, 2000, 25 TexReg 1297; amended to be effective September 9, 2001, 26 TexReg 6645; amended to be effective December 16, 2002, 27 TexReg 11729; amended to be effective October 13, 2003, 28 TexReg 8873; amended to be effective June 9, 2004, 29 TexReg 5575; amended to be effective February 17, 2005, 30 TexReg 661; amended to be effective August 6, 2007, 32 TexReg 4747; amended to be effective June 21, 2009, 34 TexReg 3925; amended to be effective May 9, 2012, 37 TexReg 3389; amended to be effective January 1, 2015, 39 TexReg 10393

SUBCHAPTER O HOME-DELIVERED MEAL GRANT PROGRAM ***RULE §1.957 Compliance with Laws and Regulations***

A Grantee must follow procedures and maintain facilities that comply with all applicable federal, state and local laws and regulations related to fire, health, sanitation, and safety, and obtain all necessary permits. All food preparation, handling, and service activities shall comply with applicable Texas Department of State Health Services rules. Source Note: The provisions of this §1.957 adopted to be effective September 11, 2007, 32 TexReg 6127

SUBCHAPTER D CONDITIONS OF GRANT FUNDING ***RULE §3.2025 Civil Rights Liaison***

All applicants must certify that they have a designated civil rights liaison during the application process. The civil rights liaison will serve as the grantee's civil rights contact point and has the responsibility for ensuring that the grantee meets all applicable civil rights requirements. The designee will act as the grantee's liaison in civil rights matters with CJD and with the federal Office of Justice Programs. Source Note: The provisions of this §3.2025 adopted to be effective August 6, 2007, 32 TexReg 4747; amended to be effective June 21, 2009, 34 TexReg 3925

SUBCHAPTER H TEXAS CRIME STOPPERS PROGRAM ***RULE §3.9008 Complaints or Allegations Against a Crime Stoppers Organization***

Any complaint against a crime stoppers organization or allegation that a crime stoppers organization fails to meet the certification requirements described in §3.9000 of this chapter must be submitted in writing to the director of the Texas Crime Stoppers Council (Council). The Council may only consider complaints or allegations made against a crime stoppers organization that is certified, or has applied to be certified, by the Council pursuant to §3.9000 of this chapter. Source Note: The provisions of this §3.9008 adopted to be effective June 12, 2011, 36 TexReg 3407

DIVISION 3 SPECIALTY COURTS ADVISORY COUNCIL ***RULE §3.8315 Meetings***

At all meetings, the latest version of Robert's Rules of Order shall govern proceedings. Source Note:The provisions of this §3.8315 adopted to be effective May 9, 2012, 37 TexReg 3389

TITLE 1 ADMINISTRATION PART 1 OFFICE OF THE GOVERNOR CHAPTER 3 CRIMINAL JUSTICE DIVISION SUBCHAPTER AGENERAL GRANT PROGRAM PROVISIONS ***RULE §3.21 Use of the Internet***

CJD requires an applicant or grantee to submit grant applications, progress reports, financial reports, and other information to CJD via the Internet or other electronic means. Source Note: The provisions of this §3.21 adopted to be effective February 24, 2000, 25 TexReg 1297; amended to be effective December 16, 2002, 27 TexReg 11729; amended to be effective October 13, 2003, 28 TexReg 8873; amended to be effective June 9, 2004, 29 TexReg 5575; amended to be effective June 21, 2009, 34 TexReg 3925

SUBCHAPTER E ADMINISTERING GRANTS ***RULE §3.2509 Equipment Inventory Reports***

CJD requires each grantee to maintain on file a current inventory report of all equipment purchased with grant funds during the grant period. This report must reconcile with the approved grant budget and the final financial status report. Source Note: The provisions of this §3.2509 adopted to be effective February 24, 2000, 25 TexReg 1297; amended to be effective December 16, 2002, 27 TexReg 11729; amended to be effective June 21, 2009, 34 TexReg 3925

SUBCHAPTER A GENERAL RULES OF PRACTICE ***RULE §1.16 Consolidation or Separation of Matters***

Consistent with notices required by law, the department may consolidate or separate matters following the provisions of the Texas Rules of Civil Procedure, Rule 174. Source Note: The provisions of this §1.16 adopted to be effective January 18, 1991, 16 TexReg 113

SUBCHAPTER B COLLECTION OF DEBTS ***RULE §1.55 Exceptions***

For good cause, the commissioner may make exceptions to the procedures in §§1.51-1.54 of this title (relating to Collection of Debts). Source Note: The provisions of this §1.55 adopted to be effective August 3, 1993, 18 TexReg 4747.

SUBCHAPTER A GENERAL RULES OF PRACTICE ***RULE §1.20 Rules of Evidence***

In addition to any other rules of evidence provided for in the Act, Subchapter D, the following rules will apply to proceedings before the department. (1) General rules. The rules of evidence as applied in nonjury civil cases in the district courts of this state shall be followed. Irrelevant, immaterial, or unduly repetitious evidence may be excluded. When necessary to ascertain facts not reasonably susceptible to proof under those rules, evidence not admissible under them may be admitted (except where precluded by statute) if it is of a type commonly relied upon by reasonably prudent people in the conduct of their affairs. The rules of privilege recognized by law shall be effective in agency proceedings. Objections to evidentiary offers may be made and shall be noted in the record. No evidence shall be admissible in a proceeding if it is beyond the scope of the notice or amended pleadings of such proceeding. (2) Representative documents. When a large number of similar documents is 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; however, before making this requirement, the administrative law judge shall see that all parties of record or their representatives are given an opportunity to examine the documents from which the abstracts are made. (3) Prepared testimony. The prepared testimony of a witness upon direct examination may be incorporated in the record as if read or received as an exhibit, upon the witness' being sworn and identifying same. Copies of the testimony shall be given to all parties to the proceeding. The witness identifying the testimony shall be subject to cross-examination, and the testimony shall be subject to a motion to strike in whole or in part. (4) Offer of proof. When testimony is excluded by ruling of the administrative law judge, the party offering such testimony shall be permitted to make an offer of proof by dictating it into the record or submitting the substance of the proposed testimony in writing, prior to the conclusion of the hearing, and such offer of proof shall be sufficient to preserve the point. The administrative law judge may ask such questions of the witness as he or she deems necessary to satisfy himself or herself that the witness would testify as represented in the offer of proof. An alleged error in sustaining an objection to questions asked on cross-examination may be preserved without making an offer of proof. (5) Uncontested proceedings. In any uncontested proceeding, the administrative law judge shall receive, without regard to the legal rules of evidence, any evidence of a form and character which would ordinarily be relied upon by prudent people in the conduct of their affairs (unless precluded by statute), including, without limitation, affidavits, documents, and other forms of hearsay testimony determined by the administrative law judge to be relevant. (6) Official notice. The administrative law judge may take official notice of judicially cognizable facts and of generally recognized facts within an area of the department's specialized knowledge or expertise, and the special skills or knowledge of the agency and its staff may be utilized in evaluating the evidence. Parties shall be notified of the material noticed, including any staff memoranda or data, and shall be afforded an opportunity to contest the material so noticed. (7) Exclusion of witnesses. (A) Upon request by any party, the administrative law judge shall exclude witnesses other than parties from the hearing room, except when testifying. (B) The administrative law judge may order the witnesses, parties, attorneys, and all other persons present in the hearing room not to disclose to any witness excluded under this section the nature, substance, or purpose of testimony, exhibits, or other evidence introduced during the witness' absence. (C) A party that is not a natural person may designate an individual to remain in the hearings room, even though the individual may be a witness. Source Note: The provisions of this §1.20 adopted to be effective January 18, 1991, 16 TexReg 113; amended to be effective August 3, 1993, 18 TexReg 4747; amended to be effective August 23, 1996, 21 TexReg 7656.

SUBCHAPTER BDUTIES OF A FUNERAL ESTABLISHMENT/LICENSEE ***RULE §203.27 Identification of Person Responsible for Making Arrangements***

Prior to discussing funeral arrangements, a funeral director should ask the person his/her relationship to the decedent to ensure the right to control disposition priority as outlined by Health and Safety Code, §711.002(a) is followed. If possible, the person should acknowledge his/her right to control disposition in writing. A funeral director or establishment may not be held liable if the person falsely represents he/she is the person entitled to control the disposition of the decedent. Source Note: The provisions of this §203.27 adopted to be effective October 18, 2015, 40 TexReg 7069; amended to be effective October 3, 2019, 44 TexReg 5625

§201.12 Charges for Providing Copies of Public Information

The Commission determines charges for public information in accordance with the rules of the Office of the Attorney General at Tex. Admin. Code, Title 1, Part 3, §70.3. Source Note: The provisions of this §201.12 adopted to be effective October 18, 2015, 40 TexReg 7065

SUBCHAPTER L URBAN SCHOOLS GRANTS PROGRAM ***RULE §1.800 Statement of Purpose***

The Urban Schools Grant Program is designed to establish demonstration agricultural projects or other projects designed to foster an understanding and awareness of agriculture in certain Texas urban public school districts by awarding grants to eligible elementary and middle schools. Source Note: The provisions of this §1.800 adopted to be effective November 22, 1999, 24 TexReg 10317; amended to be effective August 5, 2001, 26 TexReg 5637; amended to be effective March 18, 2008, 33 TexReg 2287; amended to be effective September 1, 2011, 36 TexReg 5347

§201.4 Definitions

The following words and terms, when used in Tex. Admin. Code, Title 22, Part 10, shall have the following meanings: (1) ***Advertising***--The act of making publicly and generally known: the act of announcing publicly especially by a printed notice, electronic medium or a broadcast. (2) ***Alternative container***--An unfinished wood box or other non-metal receptacle or enclosure, without ornamentation or a fixed interior lining, which is designed for the encasement of human remains and which is made of fiberboard, pressed-wood, composition materials (with or without an outside covering) or like materials. (3) ***At-need***--The time of need of funeral services or merchandise when a human being has become deceased. (4) ***Cash Advance item***--Any item of service or merchandise described to a purchaser as a "cash advance", "accommodation", "cash disbursement" or similar term. A cash advance item is also any item obtained from a third party and paid for by the funeral provider on the purchaser's behalf. Cash advance items may include, but are not limited to: cemetery or crematory services; pallbearers; public transportation; clergy honoraria; flowers; musicians or singers; nurses; obituary notices; gratuities and death certificates. (5) ***Casket***--A rigid container which is designed for the encasement of human remains and which is usually constructed of wood, metal, fiberglass, plastic, or like material, and ornamented and lined with fabric. (6) ***Commission***--The Texas Funeral Service Commission. (7) ***Cremation***--A heating process which incinerates human remains. (8) ***Cremation Society***--A resource for sharing a common interest of learning about cremation and providing consumers the assistance to locate cremation providers in their local area or outside their local area. (9) ***Direct Cremation***--Disposition of human remains by cremation, without formal viewing, visitation, or ceremony with the body present. (10) ***Funeral ceremony***--A service commemorating the deceased with the body present. (11) Funeral goods--Goods which are sold or offered for sale directly to the public for use in connection with funeral services. Also referred to as funeral merchandise. (12) ***Funeral provider***--Any person, partnership or corporation that sells or offers to sell funeral merchandise and funeral services to the public at need. (13) ***Graveside service***--A funeral ceremony with the body present held at the burial site. (14) ***Holding the body hostage***--Refusing for any reason to transfer or allow the transfer of a dead human body to the person responsible for making arrangements for final disposition. (15) ***Immediate burial***--Disposition of human remains by burial, without formal viewing, visitation, or ceremony with the body present, except for a graveside service. (16) ***Memorial service***--A ceremony commemorating the deceased without the body present. (17) ***Morgue***--A place where bodies of unidentified persons or those who have died of violence or unknown causes are kept until release for burial or other lawful disposition. (18) ***Person***--Any individual, partnership, corporation, association, government or governmental subdivision or agency or other entity. (19) ***Pre-need***--Prearranged or prepaid funeral or cemetery services or funeral merchandise, including an alternative container, casket, or outer burial container. The term does not include a grave, marker, monument, tombstone, crypt, niche, plot, or lawn crypt unless it is sold in contemplation of trade for funeral services or funeral merchandise as defined by Finance Code Chapter 154. (20) ***Refrigeration of body***--Maintenance of an unembalmed dead human body at a temperature of 34-40 degrees Fahrenheit. (21) ***SOAH***--The State Office of Administrative Hearings. (22) ***Unreasonable Time***--The retention of excess funds for a period that exceeds ten days from the time the funds were received by the funeral establishment or its agent. Source Note: The provisions of this §201.4 adopted to be effective October 18, 2015, 40 TexReg 7065

SUBCHAPTER N FOOD AND FIBERS RESEARCH GRANT PROGRAM RULES ***RULE §1.920 Definitions***

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. (1) Commissioner--The commissioner of agriculture of the state of Texas. (2) Council--The Food and Fibers Research Council, as established by the Texas Agriculture Code, Chapter 42. (3) Department--The Texas Department of Agriculture. (4) Program--The Food and Fibers Research Grant Program, as set forth in the Texas Agriculture Code, Chapter 42. Source Note: The provisions of this §1.920 adopted to be effective April 19, 2006, 31 TexReg 3252

SUBCHAPTER M SURPLUS AGRICULTURAL PRODUCTS GRANT PROGRAM ***RULE §1.901 Definitions***

The following words and terms, when used in this subchapter, shall have the following meanings, unless the text clearly indicates otherwise. (1) Nonprofit Organization. An organization with an IRS designation as a 501 (c) (3) organization which has been established and is operating for religious, charitable or educational purposes and does not distribute any of its income to its members, directors or officers. (2) Charitable organization. An organization organized for purely benevolent, charitable, educational or religious purpose and not for financial gain. (3) Department. The Texas Department of Agriculture Source Note: The provisions of this §1.901 adopted to be effective November 19, 2001, 26 TexReg 9381

SUBCHAPTER R CHILDREN'S ACCESS TO NUTRITIOUS FOOD GRANT PROGRAM ***RULE §1.1203 Contents of Proposal***

The proposal submitted to the department in accordance with §1.1202 of this title (relating to Eligibility), shall include: (1) a description of how the collection and distribution of food will be accomplished; (2) a schedule of projected costs for the proposal; (3) measurable goals for the proposal; (4) a plan for evaluating the success of the proposal; (5) a plan for evaluating the success of the program; and (6) any other information requested by the department. Source Note: The provisions of this §1.1203 adopted to be effective August 4, 2013, 38 TexReg 4891

SUBCHAPTER C MINORITY PURCHASING ***RULE §1.71 Statement of Purpose***

The purpose of these sections is to provide a procedure to encourage historically underutilized businesses to bid for contract and open market purchases of the Texas Department of Agriculture and to maximize contracting opportunities for these businesses. Source Note: The provisions of this §1.71 adopted to be effective January 31, 1994, 19 TexReg 345; amended to be effective June 29, 2008, 33 TexReg 4866

SUBCHAPTER B DUTIES OF A FUNERAL ESTABLISHMENT/LICENSEE ***RULE §203.34 Retention of Documents***

To prevent the unfair or deceptive acts or practices specified in §203.46 of this title and §203.48 of this title, funeral providers must retain and make available for inspection by Commission officials true and accurate copies of the price lists specified in §203.46(b)(2) - (5) of this title, as applicable, for at least two years after the date of their last distribution to customers, and a copy of each Purchase Agreement, as required by §203.47 of this title, for at least two years from the date of the arrangements conference. Source Note: The provisions of this §203.34 adopted to be effective October 18, 2015, 40 TexReg 7069

TITLE 1 ADMINISTRATION PART 1 OFFICE OF THE GOVERNOR CHAPTER 3 CRIMINAL JUSTICE DIVISION SUBCHAPTER A GENERAL GRANT PROGRAM PROVISIONS ***RULE §3.25 Suspension of Rules***

Except where prohibited by state or federal statute or rule the executive director may suspend any requirement in this chapter on a showing of good cause. Source Note: The provisions of this §3.25 adopted to be effective June 22, 2006, 31 TexReg 4855; amended to be effective June 21, 2009, 34 TexReg 3925

SUBCHAPTER E ADMINISTERING GRANTS ***RULE §3.2521 Payment of Outstanding Liabilities***

Grantees must expend all outstanding liabilities no later than the liquidation date of the grant period specified in an original grant award or a subsequent grant adjustment. All payments made after the completion of the grant period must relate to obligations incurred during the grant period. Source Note: The provisions of this §3.2521 adopted to be effective February 24, 2000, 25 TexReg 1297; amended to be effective September 9, 2001, 26 TexReg 6645; amended to be effective December 16, 2002, 27 TexReg 11729; amended to be effective October 13, 2003, 28 TexReg 8873; amended to be effective June 22, 2006, 31 TexReg 4855; amended to be effective June 21, 2009, 34 TexReg 3925

§201.8 Computation of Time

In computing any period of time prescribed or allowed by Tex. Admin. Code, Title 22, Part 10, by Order of the Commission, or by any applicable statute, the period shall begin on the day after the act, event, or default in controversy and conclude on the last day the act occurred, unless it be 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, or legal holiday. Source Note: The provisions of this §201.8 adopted to be effective October 18, 2015, 40 TexReg 7065

DIVISION 3 SPECIALTY COURTS ADVISORY COUNCIL ***RULE §3.8305 General Powers***

Pursuant to §772.0061 of the Texas Government Code, the Council is authorized to: (1) evaluate applications for grant funding for specialty courts in this state and to make funding recommendations to CJD; and (2) make recommendations to CJD regarding best practices for specialty courts established under Chapters 122, 123, 124, or 125 of the Texas Government Code, or former law. Source Note: The provisions of this §3.8305 adopted to be effective May 9, 2012, 37 TexReg 3389; amended to be effective January 1, 2015, 39 TexReg 10393

SUBCHAPTER H TEXAS CRIME STOPPERS PROGRAM ***RULE §3.9025 Excess Funds***

(a) A certified crime stoppers organization may establish Excess Funds Accounts in accordance with §414.010(d) of the Texas Government Code. At the conclusion of each fiscal year, if the total amount of funds in the organization's rewards accounts exceeds three times the average annual amount of funds used by the organization to pay rewards during each of the three preceding fiscal years, the organization may deposit such excess amount into its Excess Funds Accounts. (b) The Excess Funds Accounts may only be used for expenditures for law enforcement or public safety purposes directly related to crime stoppers or juvenile justice, which means: (1) Costs incurred in providing training to crime stoppers volunteers, staff, or law enforcement coordinators and travel costs necessary to complete that training; (2) Costs associated with supporting volunteers, staff, or law enforcement coordinators in performing crime stoppers operations; (3) Juvenile delinquency prevention or intervention programs; (4) Promotional or marketing costs encouraging utilization of crime stoppers tip lines or recruiting volunteers for crime stoppers organizations; and (5) Transfers to the crime stoppers assistance account in the general revenue fund or to other certified crime stoppers organizations, provided that the transferring certified crime stoppers organization ensures the receiving certified crime stoppers organization uses such funds for law enforcement or public safety purposes as described in this subsection. (c) Pursuant to §414.010(d) of the Texas Government Code, a certified crime stoppers organization that deposits funds in an Excess Funds Account may use any interest earned on the funds in such account to pay costs incurred in administering the organization. (d) Among other uses, a certified crime stoppers organization is not considered to be using its excess funds for a law enforcement or public safety purpose related to crime stoppers or juvenile justice if: (1) It uses such excess funds to pay the salary or compensation of any public employee; (2) It uses such excess funds for law enforcement equipment not directly related to crime stoppers or juvenile delinquency prevention or intervention purposes; (3) It pays or reimburses for travel or per diem costs that exceed those allowed for state officials or employees with its excess funds; or (4) It uses such excess funds for a purpose or in a manner prohibited by federal or state law. Source Note: The provisions of this §3.9025 adopted to be effective March 26, 2020, 45 TexReg 1975

SUBCHAPTER H TEXAS CRIME STOPPERS PROGRAM ***RULE §3.9011 Crime Stoppers Program Reporting***

(a) A crime stoppers organization that is certified by the Council must submit to the director of the Council a Crime Stoppers Program Annual Report no later than January 31 of each calendar year. (b) A Crime Stoppers Program Annual Report must include the following information: (1) The name, mailing address, email address, and telephone number of the crime stoppers organization, and the internet address of any website operated by the organization; (2) The name, mailing address, email address, telephone number, occupation, and board position of each member of the organization's governing board; (3) The name, mailing address, email address, telephone number, and occupation of the organization's executive director (if applicable); (4) The name, mailing address, email address, and telephone number of each of the organization's law enforcement/civilian coordinators; (5) A Probation Fee and Repayment Report for the prior calendar year. This report must include statements for all financial accounts containing funds originally obtained from repayments of rewards under Articles 37.073 and 42.152, Code of Criminal Procedure, or payments from a defendant under Chapter 42A of the Texas Code of Criminal Procedure, and documentation from the relevant courts or government agencies stating the amount of probation fees disbursed to the organization; and (6) The Council will prescribe the specific or additional information to be included in reporting under this subsection that is necessary for the Council to make the determination for certification required by §414.011(a) of the Texas Government Code or to fulfill its duties under §414.005 of the Texas Government Code. The director of the Council may request further information needed to clarify a question raised in the examination of the materials submitted as part of the reporting under this subsection. The director of the Council will follow the records retention policies of the Office of the Governor and will publish a schedule by which the Criminal Justice Division will retain records and will publish procedures for organizations to submit updates or corrections to submitted information. (c) A crime stoppers organization that is certified by the Council must submit to the director of the Council an information update form prescribed by the director of the Council or the Council within 30 days if the organization has a change in the composition of its executive board or its executive director (if applicable) or law enforcement coordinator. (d) A crime stoppers organization that is certified by the Council shall submit to the director of the Council, or the Council's designee, a Statistical Report on a form prescribed by the Council no later than January 31 and July 31 of each calendar year. Source Note: The provisions of this §3.9011 adopted to be effective February 22, 2007, 32 TexReg 613; amended to be effective July 11, 2010, 35 TexReg 5803; amended to be effective June 12, 2011, 36 TexReg 3407; amended to be effective March 26, 2020, 45 TexReg 1975

SUBCHAPTER A GENERAL RULES OF PRACTICE ***RULE §1.26 Decisions and Orders***

(a) A final decision or order issued by the commissioner in a contested case shall comport with all of the requirements of the Administrative Procedure Act, §2001.141, and shall be served on parties in accordance with that section. (b) A final decision or order issued in a contested case shall be issued within 60 days from the last date for filing of exceptions and replies to exceptions to the administrative law judge's proposal for decision unless the administrative law judge at the conclusion of the hearing specifies a longer period of time within which the order may be issued. (c) A final order in an uncontested matter shall include all information required by any applicable law and or rules, and shall be issued as soon as is practical after the receipt of all required documentation. Source Note: The provisions of this §1.26 adopted to be effective January 18, 1991, 16 TexReg 113; amended to be effective August 3, 1993, 18 TexReg 4747; amended to be effective August 23, 1996, 21 TexReg 7656.

SUBCHAPTER BDUTIES OF A FUNERAL ESTABLISHMENT/LICENSEE RULE §203.30 Interment or Entombment

(a) A funeral director contracted to perform funeral directing services shall be present for graveside services included in the purchase agreement unless the graveside services take place outside Texas. (b) After the contracted graveside services end or if no graveside services take place, either a funeral director or an agent of the funeral establishment contracted to perform funeral directing services shall be present when the casket containing a human body is placed in a grave, crypt or burial vault unless the interment or entombment takes place outside Texas. Source Note: The provisions of this §203.30 adopted to be effective October 18, 2015, 40 TexReg 7069

SUBCHAPTER E ADMINISTERING GRANTS ***RULE §3.2523 Violations of Laws***

(a) A grantee must immediately notify CJD in writing of any legal violations. (b) A grantee must immediately notify CJD in writing if a project or project personnel become involved in any civil or criminal litigation and the grantee must immediately forward a copy of any demand notices, subpoenas, lawsuits, or indictments to CJD. (c) If a federal or state court or administrative agency renders a judgment or order finding discrimination by a grantee based on race, color, national origin, sex, age, or handicap, the grantee must immediately forward a copy of the judgment or order to CJD. (d) If any records are seized from a grantee by a law enforcement agency, or a state or federal agency, the grantee must immediately notify CJD in writing of the seizure and must retain copies of the seized records. Source Note: The provisions of this §3.2523 adopted to be effective February 24, 2000, 25 TexReg 1297; amended to be effective December 16, 2002, 27 TexReg 11729; amended to be effective June 22, 2006, 31 TexReg 4855; amended to be effective June 21, 2009, 34 TexReg 3925

SUBCHAPTER DCONDITIONS OF GRANT FUNDING ***RULE §3.2013 Pre-Approval Requirements for Procurement***

(a) A grantee must submit a CJD-prescribed Procurement Questionnaire when any procurement is expected to exceed $150,000 or upon CJD request. CJD may also request all related procurement documentation, such as requests for proposals, invitations for bids, or independent cost estimates. (b) Grantees may not divide purchases or contracts to avoid the requirements of this section. For purposes of determining compliance, CJD will consider groups of contracts with a single vendor or groups of purchases for the same or similar items as a single procurement. Source Note: The provisions of this §3.2013 adopted to be effective February 24, 2000, 25 TexReg 1297; amended to be effective September 9, 2001, 26 TexReg 6645; amended to be effective December 16, 2002, 27 TexReg 11729; amended to be effective October 13, 2003, 28 TexReg 8873; amended to be effective June 9, 2004, 29 TexReg 5575; amended to be effective June 21, 2009, 34 TexReg 3925; amended to be effective January 1, 2015, 39 TexReg 10393

SUBCHAPTER ALICENSING ***RULE §203.1 Funeral Director and Embalmer License Requirements and Procedure***

(a) A person may not engage in funeral directing or embalming in this state without holding a license issued by the Commission, unless the person is a mortuary student acting under the supervision and direction of a licensed funeral director or embalmer. (b) An applicant for a license shall meet the eligibility requirements of Occupations Code, §651.253. (c) The period of a license is two years beginning on the first day of the licensee's birth month. The initial licensing period may be less than two years. (d) The licensing fee must be paid before a license is issued. If the initial licensing period is less than two years, the licensing fee shall be prorated. (e) A person who does not receive a full license by exiting directly from the Commission's provisional license program or reciprocate from another state may apply for full licensure. The person must have been a provisional license holder in Texas no more than 24 months prior to application. The applicant shall complete an application, provide required proof of eligibility, pay an application fee, re-take and pass the State Mortuary Law Examination, and submit to a criminal background check. (f) Renewal Procedures and Conditions. (1) A license may be renewed beginning 60 days prior to its expiration if the licensee has paid the renewal fee and met the continuing education requirements of §203.8 of this title (relating to Continuing Education). (2) A person whose license is expired for 90 days or less may renew the license by meeting the continuing education requirements of §203.8 of this title and paying a renewal fee that is 1 and 1/2 times the amount of the normal renewal fee. (3) A person whose license is expired for more than 90 days but less than one year may renew the license by meeting the continuing education requirements of §203.8 of this title and paying a renewal fee that is two times the amount of the normal renewal fee. (4) A person whose license has been expired for one year or more may reinstate the license by meeting the following requirements: (A) retaking and passing the State Mortuary Law Examination; (B) payment of any applicable fees, including a renewal fee that is equal to two times the normally required renewal fee; and (C) completion of the continuing education requirements of §203.8 of this title. (5) Notwithstanding paragraph (4) of this subsection, a person whose license has been expired for one year or more may reinstate the license without retaking the applicable examination if the person has been licensed and practicing in another state for the two years preceding the application for reinstatement. The applicant must pay a renewal fee that is equal to two times the normally required renewal fee. (6) Notwithstanding paragraph (4) of this subsection, the Executive Director may waive any prerequisite to obtaining a license to a person whose license has been expired for no more than five years who is also a military service member, military veteran or military spouse as defined by Occupations Code, Chapter 55. (g) A licensee serving as an active military service member as defined by Occupations Code, Chapter 55, is exempt from the payment of license fees for the duration of the holder's military service or for anytime the Commission considers advisable. Source Note: The provisions of this §203.1 adopted to be effective October 18, 2015, 40 TexReg 7065; amended to be effective October 3, 2019, 44 TexReg 5625

SUBCHAPTER ALICENSING ***RULE §203.4 Reciprocal License***

(a) A person who holds a funeral director's license or an embalmer's license issued by another state, country or territory may reciprocate the license with the Commission. (b) Any applicant for a license under this section shall file a sworn application. The application must include the following information: (1) a statement the applicant is the person who holds the license and the applicant's license is current and in good standing; (2) an affidavit made by the governmental entity or a registration officer of the state, country or territory that issued the license that verifies the license is active and the qualifications provided by the applicant are correct; (3) a copy of a certified transcript showing the applicant graduated from an accredited college of mortuary science; and (4) any other requirements necessary for licensure under Occupations Code §651.253. (c) An applicant under this section must show that the applicant has practiced for at least: (1) one year in a state with license requirements similar to those of the Commission; or (2) five years in a state that does not have license requirements similar to those of the Commission. (d) All applicants under this section shall sit for the State Mortuary Law Examination administered by the Commission. A passing score of at least 75% is required. (e) Each applicant shall submit to a criminal background check. An applicant is subject to the standards outlined by §203.16 of this title (relating to Consequences of Criminal Conviction. (f) The Executive Director shall waive licensure requirements under Occupations Code §651.253, if the applicant meets the licensure term under subsection (c)(1) of this section. The Executive Director may waive licensure requirements under Occupations Code §651.253, if the applicant meets the licensure term under subsection (c)(2) of this section. (g) The applicant shall pay a license fee in an amount set by the Commission. (h) The executive director may waive any prerequisite to obtaining a license under this section for an applicant who is licensed in a state with substantially equivalent licensing requirements and who is a military service member, military veteran, or military spouse as defined by Occupations Code Chapter 55. Source Note: The provisions of this §203.4 adopted to be effective October 18, 2015, 40 TexReg 7065; amended to be effective October 3, 2019, 44 TexReg 5625

SUBCHAPTER ALICENSING ***RULE §203.7 Provisional License Reinstatement and Reapplication***

(a) A person whose provisional license is cancelled for failure to timely renew the license as described in Occupations Code, §651.305 may apply for reinstatement no later than the date the license would have expired if the license had been timely renewed. The applicant must pay the renewal fee and penalty upon application. The reinstated provisional license has the same expiration date as if the license had been timely renewed. (b) A person whose provisional license is cancelled for failure to complete the program within the prescribed time may apply for a new provisional license. As an applicant for a new license, the person is required to submit to a new criminal background check and retake and pass the State Mortuary Law Examination. Casework completed under a previous license may not be counted toward the requirements of the new license unless the applicant petitions the Executive Director for a hardship exemption. The petition must demonstrate the personal situation and reasons why the casework should count. If the Executive Director determines that the previously completed casework should not be counted under the new license, the Executive Director's decision may be appealed, in writing, and the appeal will be considered at the Commission's next regularly scheduled meeting. Source Note: The provisions of this §203.7 adopted to be effective October 18, 2015, 40 TexReg 7065; amended to be effective October 6, 2016, 41 TexReg 7716

SUBCHAPTER A GENERAL RULES OF PRACTICE ***RULE §1.19 Reporters and Transcript***

(a) All contested case hearings shall be recorded by electronic means. Upon request, and payment of the required fees, any person may be provided a copy of this recording. (b) Upon written request by any party, a transcript shall be made of the hearing by the office of hearings. The cost of the preparation of such transcript shall be borne by the requesting party. The transcript shall be filed with the administrative law judge assigned to the case and made part of the record of the case. Parties may purchase copies of a transcript upon payment of applicable charges. (c) Errors claimed in any transcription shall be noted in writing and suggested corrections may be offered within 10 days after the transcript is filed with the administrative law judge. Such time for suggested corrections may be extended by the administrative law judge. Suggested corrections shall be served in writing upon each party of record and upon the administrative law judge. If not objected to within 10 days after being offered, the administrative law judge shall direct that such suggested corrections be made and shall stipulate the manner of making such corrections. In the event that parties disagree on suggested corrections, the administrative law judge, with the aid of argument and testimony from the parties, shall then determine the manner in which the record shall be changed. (d) In addition to preparation of a transcript upon the request of a party, transcripts shall be prepared by the office of hearings when a final agency order is appealed to district court. The party appealing the final agency order to district court shall pay all or a part of the cost of preparation of the transcript of the hearing. (e) A party may elect to preserve the proceedings by stenographic or electronic means, or by use of a certified shorthand reporter. Such record may be designated as the official record by the chief administrative law judge upon notice to parties and opportunity to request a hearing. The cost of such record shall be borne by the party requesting the same. (f) Any party wishing to provide an independent means of recording any contested case shall file a motion requesting permission no later than five days before the hearing. The administrative law judge shall grant, deny, or prescribe conditions governing such recordings as justice and hearings decorum may require. (g) Nothing in this section shall be construed so as to limit the authority of the administrative law judge to control the orderly conduct and decorum of the hearing. Source Note: The provisions of this §1.19 adopted to be effective January 18, 1991, 16 TexReg 113; amended to be effective August 3, 1993, 18 TexReg 4747.

SUBCHAPTER Q PROTEST OF CONTRACT AWARDS OR AGENCY PROCUREMENT PROCEDURES ***RULE §1.1103 Appeal***

(a) A protesting party who is not satisfied with the determination of the Responsible Individual may appeal the determination to the Commissioner or, upon the Commissioner's delegation, to the Deputy Commissioner. The appeal request must be submitted in writing and received by the Commissioner's office no later than ten working days after the date of the Responsible Individual's determination. If a request is not timely submitted as provided under this subsection, there shall be no further action taken by the Commissioner or Deputy Commissioner on the protest. (b) Upon receipt of a timely appeal that conforms with the requirements of this subchapter, the Commissioner or Deputy Commissioner may designate an employee of the agency to review the protest, the determination made by the Responsible Individual, and the appeal of the Responsible Individual's determination. The designee will prepare and submit to the Commissioner or Deputy Commissioner a written recommendation regarding the appeal within five working days of the designation. (c) In making a final determination, the Commissioner or Deputy Commissioner will consider only the final written determination of the Responsible Individual, those materials or pleadings submitted to the Responsible Individual, and, if applicable, the written recommendation made by a designated employee. No further arguments, authorities, documents, or pleadings shall be filed with the Commissioner or Deputy Commissioner. (d) The Commissioner or Deputy Commissioner will issue a final written determination of the appeal, denying or sustaining the protest, in whole or in part, which shall be the final administrative action of the agency. Source Note: The provisions of this §1.1103 adopted to be effective March 26, 2013, 38 TexReg 1971

SUBCHAPTER L URBAN SCHOOLS GRANTS PROGRAM ***RULE §1.803 Selection***

(a) A review panel appointed by the commissioner shall review grant proposals and make a recommendation to the commissioner for awarding the grants. (b) The review panel shall be composed of the following: (1) one person having experience or expertise in developing elementary and/or middle school curriculum; (2) one representative of the department; (3) one representative of the livestock industry; (4) one representative of the specialty crop industry; (5) one representative of the row crop industry; (6) one representative of the horticulture industry; and (7) one representative of the Texas Agricultural Extension Service. (c) Final selection of grant recipients shall be made by the commissioner. Source Note: The provisions of this §1.803 adopted to be effective November 22, 1999, 24 TexReg 10317; amended to be effective August 5, 2001, 26 TexReg 5637; amended to be effective March 18, 2008, 33 TexReg 2287

SUBCHAPTER A GENERAL RULES OF PRACTICE ***RULE §1.24 Witness Fees***

(a) A witness or deponent who is not a party and who is subpoenaed or otherwise compelled to attend any hearing or proceeding conducted under the authority of the Administrative Procedure Act is entitled to the following compensation: (1) mileage in the same amount per mile as the mileage travel allowance for state employees traveling on state business. Mileage is to be reimbursed for travel to and returning from the place of the hearing or deposition, provided the place is more than 25 miles from the person's place of residence; and (2) a per day witness fee of not more $20 for each day or part of a day the person is necessarily present as a witness or a deponent. (b) Mileage and fees to which a witness is entitled under this section shall be paid by the party at whose request the witness appears or the deposition is taken, upon presentation of proper documents sworn by the witness and approved by the department. (c) Payment or reimbursement to witnesses under this section shall be made in accordance with the requirements of the Act, §2001.103. (d) The amount of compensation offered or accepted by a witness for their appearance at a hearing or proceeding covered by this subchapter must be disclosed if requested through discovery or during cross-examination. (e) Nothing in this section shall be construed as prohibiting payment of reasonable compensation to a witness who voluntarily appears at the request of a party. Source Note: The provisions of this §1.24 adopted to be effective January 18, 1991, 16 TexReg 113; amended to be effective August 3, 1993, 18 TexReg 4747; amended to be effective August 23, 1996, 21 TexReg 7656; amended to be effective June 29, 2008, 33 TexReg 4866

DIVISION 5 APPEAL PROCEDURES FOR THE SPECIAL MILK PROGRAM FOR CHILDREN (SMP) ***RULE §1.1041 Request for Appeal***

(a) Actions subject to an appeal. Only the following fiscal actions are subject to an appeal. (1) Notice of denial. Denial of all or a part of the Claim for Reimbursement, which includes the recovery of overpayment through direct assessment or offset of future claims, disallowance of overclaims as reflected in unpaid Claims for Reimbursement, submission of a revised Claim for Reimbursement, and correction of records to ensure that unfiled Claims for Reimbursement are corrected when filed; and (2) Withholding of payment. The withholding of payment based on the results of comprehensive on-site evaluation or follow-up activity. (b) The following procedures shall apply when a school food authority requests an appeal of any action subject to appeal described in subsection (a) of this section. (1) Notice of denial. The school food authority shall be given notice of the action being taken or proposed, the basis for the action, and the procedures under which the school food authority may request an appeal of the action. (2) Request for appeal. The request for an appeal shall be submitted in writing and postmarked on or before 5:00 p.m. central time not later than fifteen (15) days after the receipt, or deemed receipt of the notice of denial. The request for appeal shall also clearly identify the action being appealed, and include a photocopy of the notice of denial. TDA shall acknowledge the receipt of the request for appeal within ten (10) days of its receipt of the request. (3) Representation. The school food authority may be represented by its designated official, retain legal counsel, or may be represented by another person. (4) Review of record. Any information on which TDA's action was based shall be available to the school food authority for inspection from the date of receipt of the request for an appeal. (5) Opposition. The school food authority may refute the findings contained in the notice of denial in person or by submitting written documentation to TDA's docket clerk. In order to be considered, written documentation shall be submitted to TDA's docket clerk not later than thirty (30) days after receipt of the notice of denial. (6) Hearing. A hearing shall be held by the ARO in addition to, or in lieu of, a review of written information only if the school food authority requests a hearing in the written request for an appeal, unless the ARO determines that the failure to make a timely request was due to circumstances beyond the control of the appellant. The rules and procedures for a hearing for appeals under this subchapter are found in §§1.1050 - 1.1053 of this title (relating to Administrative Hearing Procedures for Conducting the Appeals of the Food and Nutrition Programs). (7) Basis for decision. The ARO shall make a determination based on information provided by TDA and the appellant, and on Program regulations. (8) Time for issuing a decision. Within sixty (60) days of TDA's receipt of the request for an appeal, the ARO shall inform TDA and the appellant of the determination of the ARO. This timeframe is an administrative requirement for TDA and may not be used as a basis for overturning TDA's action if a decision is not made within the specified timeframe. (9) Final decision. The determination made by the ARO is the final administrative determination to be afforded the school food authority and shall take effect upon receipt of the written notice of the final decision by the school food authority. (10) Record of result of appeals. TDA shall maintain searchable records of all appeals and their disposition for three (3) years from the date of the final decision. (c) Effect of State Agency Action. TDA's action shall remain in effect during the appeal process. (d) Computation of time. In computing any period of time prescribed or allowed by this division, the day of the act, event, or default after which the designated period of time begins to run is not to be included. The last day of the period so computed is to be included, 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 or legal holiday. Source Note: The provisions of this §1.1041 adopted to be effective March 1, 2009, 34 TexReg 1229; amended to be effective December 5, 2013, 38 TexReg 8642

DIVISION 1 APPEAL PROCEDURES FOR THE CHILD AND ADULT CARE FOOD PROGRAM (CACFP) ***RULE §1.1001 Requests for Appeal Concerning Institutions, Responsible Principals and Responsible Individuals***

(a) Actions subject to appeal. An appeal will be provided for adverse actions as required by 7 CFR §226.6. (b) Actions not subject to appeal. The following actions are not subject to an appeal. (1) FNS decisions on claim deadline exceptions and requests for upward adjustments to a claim. A decision by FNS to deny an exception request by an institution for payment of a late claim, or for an upward adjustment to a claim. (2) Determination of serious deficiency. A determination that an institution is seriously deficient. (3) Disqualification and placement on TDA list and National Disqualified List. Disqualification of an institution or a responsible principal or responsible individual, and the subsequent placement on the TDA list and the National Disqualified List. (4) Termination. Termination of a participating institution's agreement, including termination of a participating institution's agreement based on the disqualification of the institution by another state agency or FNS. (c) Appeal procedures. Except as described in §1.1002 of this title (relating to Abbreviated Appeal), which sets forth the circumstances under which an abbreviated appeal is held and §1.1003 of this title (relating to Suspension Review), which sets forth the circumstances under which a suspension review is held, the following procedures shall apply when an institution, a responsible principal or responsible individual appeals any action subject to appeal as described in subsection (a) of this section. (1) Notice of action. The institution's executive director and chairman of the board of directors, and the responsible principals and responsible individuals, shall be given notice of the action being taken or proposed, the basis for the action, and the procedures under which the institution and the responsible principals or responsible individuals may request an appeal of the action. (2) Request for appeal. The request for appeal must be received by TDA's docket clerk not later than 5:00 p.m. central time on the fifteenth (15th) day after the receipt, or deemed receipt, of the notice of action. The request for appeal shall also clearly identify the action being appealed, and include a photocopy of the notice of action. TDA shall acknowledge the receipt of the request for an appeal within ten (10) days of its receipt of the request. (3) Representation. The institution and the responsible principals and responsible individuals may represent themselves, retain legal counsel, or may be represented by another person. (4) Review of record. Any information on which TDA's action was based shall be available to the institution and the responsible principals and responsible individuals for inspection from the date of receipt of the request for an appeal. (5) Opposition. The institution and the responsible principals and responsible individuals may refute the findings contained in the notice of action by submitting written documentation to TDA's docket clerk. In order to be considered, written documentation must be received by TDA's docket clerk not later than 5:00 p.m. central time on the thirtieth (30th) day after receipt, or deemed receipt, of the notice of action. (6) TDA response. Except as may be otherwise ordered by the ARO, TDA shall file a written response no later than ten (10) days after the deadline established for filing appellant's written documentation in paragraph (5) of this subsection. TDA's response shall set forth the agency's legal and factual arguments in support of the agency's action, and, where appropriate, shall be supported by affidavit(s) and documentation. (7) Hearing. A hearing shall be held by the ARO in addition to, or in lieu of, a review of written information only if the institution or the responsible principals and responsible individuals request a hearing in the written request for an appeal, unless the ARO determines that the failure to make a timely request was due to circumstances beyond the control of the appellant. The rules and procedures for an administrative hearing for appeals under this subchapter are found in §§1.1050 - 1.1053 of this title (relating to Administrative Hearing Procedures for Conducting the Appeals of the Food and Nutrition Programs). (8) Basis for decision. The ARO shall make a determination based solely on the information provided by TDA, the institution, and the responsible principals and responsible individuals, and based on federal and state laws, regulations, policies, and procedures governing the Program. (9) Time for issuing a decision. Within sixty (60) days of TDA's receipt of the request for an appeal, the ARO shall issue a final order overruling or sustaining TDA's action. The ARO shall notify appellant and TDA of the final order. This timeframe is an administrative requirement for TDA and may not be used as a basis for overturning TDA's action if a decision is not made within the specified timeframe. (10) Final decision. The determination made by the ARO is the final administrative determination to be afforded the institution and the responsible principals and responsible individuals. (11) Record of result of appeals. TDA shall maintain searchable records of all appeals and their disposition for three (3) years. (12) In computing any period of time prescribed or allowed by this division, the day of the act, event, or default after which the designated period of time begins to run is not to be included. The last day of the period so computed is to be included, 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 or legal holiday. (d) Combined appeals for responsible principals and responsible individuals. The appeal of the proposed disqualification of the responsible principals and responsible individuals shall be combined with the appeal of the application denial, proposed termination, and/or proposed disqualification of the institution with which the responsible principals or responsible individuals are associated. However, at the ARO's discretion, separate appeals may be held if the institution does not request an appeal or if either the institution or the responsible principal or responsible individual demonstrates that their interests conflict. (e) Effect of state agency action. TDA's action shall remain in effect during the appeal. The effect of this requirement on particular state agency actions is as follows. (1) Overpayment demand. During the period of the appeal, TDA is prohibited from taking action to collect or offset the overpayment. However, TDA shall assess interest beginning with the initial demand for remittance of the overpayment and continuing through the period of appeal unless the ARO overturns TDA's action. (2) Recovery of advances. During the appeal, TDA shall continue its efforts to recover advances in excess of the claim for reimbursement for the applicable period. The recovery may be through a demand for full repayment or an adjustment of subsequent payments. (3) Program payments. The availability of Program payments during an appeal of the denial of a new institution's application, denial of a renewing institution's application, proposed termination of a participating institution's agreement, and suspension of an institution are governed by 7 CFR §§226.6(c)(1)(iii)(D), (c)(2)(iii)(D), (c)(3)(iii)(D), (c)(5)(i)(D), and (c)(5)(ii)(E), respectively. Source Note: The provisions of this §1.1001 adopted to be effective March 1, 2009, 34 TexReg 1227; amended to be effective December 5, 2013, 38 TexReg 8642

DIVISION 3 APPEAL PROCEDURES FOR THE NATIONAL SCHOOL LUNCH PROGRAM (NSLP) ***RULE §1.1021 Request for Appeal***

(a) Actions subject to appeal. Only the following fiscal actions are subject to an appeal. (1) Notice of denial. Denial of all or a part of the Claim for Reimbursement, which includes the recovery of overpayment through direct assessment or offset of future claims, disallowance of overclaims as reflected in unpaid Claims for Reimbursement, submission of a revised Claim for Reimbursement, and correction of records to ensure that unfiled Claims for Reimbursement are corrected when filed; and (2) Withholding of payment. The withholding of payment based on the results of a comprehensive on-site evaluation or follow-up activity. (b) Procedures for requesting an appeal. The following procedures shall apply when a school food authority requests an appeal of any action subject to appeal described in subsection (a) of this section. (1) Notice of denial. The school food authority shall be given notice of the action being taken or proposed, the basis for the action, and the procedures under which the school food authority may request a review of the action. (2) Request for appeal. The request for an appeal shall be submitted in writing and postmarked on or before 5:00 p.m. central time not later than fifteen (15) days after the receipt, or deemed receipt, of the notice of denial. The request for appeal shall also clearly identify the action being appealed, and include a photocopy of the notice of denial. TDA shall acknowledge the receipt of the request for an appeal within ten (10) days of its receipt of the request. (3) Representation. The school food authority may be represented by its designated official, retain legal counsel, or may be represented by another person. (4) Review of record. Any information on which TDA's action was based shall be available to the school food authority for inspection from the date of receipt of the request for an appeal. (5) Opposition. The school food authority may refute the findings contained in the notice of denial in person or by submitting written documentation to TDA's docket clerk. In order to be considered, written documentation shall be submitted to TDA's docket clerk not later than thirty (30) days after receipt of the notice of denial. (6) Hearing. A hearing shall be held by the ARO in addition to, or in lieu of, a review of written information only if the school food authority requests a hearing in the written request for an appeal, unless the ARO determines that the failure to make a timely request was due to circumstances beyond the control of the appellant. The rules and procedures for a hearing for appeals under this subchapter are found in §§1.1050 - 1.1053 of this title (relating to Administrative Hearing Procedures for Conducting the Appeals of the Food Nutrition Programs). (7) Basis for decision. The ARO shall make a determination based on information provided by TDA and the appellant, and on Program regulations. (8) Time for issuing a decision. Within sixty (60) days of TDA's receipt of the request for an appeal, the ARO shall inform TDA and the appellant of the determination of the ARO. This timeframe is an administrative requirement for TDA and may not be used as a basis for overturning TDA's action if a decision is not made within the specified timeframe. (9) Final decision. The determination made by the ARO is the final administrative determination to be afforded the school food authority and shall take effect upon receipt of the written notice of the final decision by the school food authority. (10) Record of result of appeals. TDA shall maintain searchable records of all appeals and their disposition for three (3) years from the date of the final decision. (c) Effect of State Agency Action. TDA's action shall remain in effect during the appeal process. (d) Computation of time. In computing any period of time prescribed or allowed by this division, the day of the act, event, or default after which the designated period of time begins to run is not to be included. The last day of the period so computed is to be included, 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 or legal holiday. (e) Application. This division applies only to fiscal actions arising out of the administration of the National School Lunch Program. Source Note: The provisions of this §1.1021 adopted to be effective March 1, 2009, 34 TexReg 1228; amended to be effective December 5, 2013, 38 TexReg 8642

DIVISION 2 APPEAL PROCEDURES FOR THE SUMMER FOOD SERVICE PROGRAM (SFSP) ***RULE §1.1011 Requests for Appeal***

(a) Actions subject to appeal. The following actions are subject to an appeal: (1) denial of an application for participation; (2) denial of a sponsor's request for an advance payment; (3) denial of a sponsor's claim for reimbursement; (4) TDA's refusal to forward to FNS an exception request by the sponsor for payment of a late claim or a request for an upward adjustment to a claim; (5) claim against a sponsor for remittance of a payment; (6) termination of the sponsor or a site; (7) denial of a sponsor's application for a site; (8) denial of an FSMC's application for registration, if applicable; or (9) revocation of an FSMC's registration, if applicable. (b) Actions not subject to appeal. Appeals shall not be allowed on decisions made by FNS with respect to late claims or upward adjustments under the provisions of 7 CFR §225.9(d)(5). (c) Appeal procedures. The following procedures shall apply when a sponsor or FSMC appeals any action subject to an appeal as described in subsection (a) of this section. (1) Notice of action. The sponsor or FSMC shall be advised in writing of the grounds upon which TDA based the action. The notice of action shall be sent by certified mail, return receipt requested. The notice of action shall also state that: (A) the sponsor or FSMC has the right to appeal TDA's action either in person or by filing written documentation with the review official; and (B) the appeal must be made within ten (10) days from the date on which the notice of action is received. (2) Request for appeal. (A) The request for appeal shall be submitted in writing and must be received by TDA's docket clerk not later than 5:00 p.m. on the tenth (10th) day after the receipt, or deemed receipt, of the notice of action. (B) The request for appeal shall: (i) clearly identify the action being appealed; and (ii) include a photocopy of the notice of action. (C) TDA must acknowledge the receipt of the request for an appeal within five (5) days of its receipt of the request. (3) Representation. The sponsor and FSMC may represent themselves, retain legal counsel, or may be represented by another person. (4) Review of record. Any information on which TDA's action was based must be available to the sponsor or FSMC for inspection from the date of receipt of the request for an appeal. (5) Opposition. The sponsor or FSMC may refute the findings contained in the notice of action in person or by submitting written documentation to TDA's docket clerk. In order to be considered, written documentation must be submitted to TDA's docket clerk not later than seven (7) days after submitting the request for an appeal. (6) Hearing. A hearing must be held by the ARO in addition to, or in lieu of, a review of written information only if the sponsor or FSMC requests a hearing in the written request for an appeal unless the ARO determines that the failure to make a timely request was due to circumstances beyond the control of the appellant. The hearing shall be held within fourteen (14) days of the date of the receipt of the request for appeal, but, where applicable, not before the appellant's written documentation is received in accordance with paragraph (5) of this subsection. Failure of the appellant's representative to appear at a scheduled hearing shall constitute the appellant's waiver of the right to a personal appearance before the ARO, unless the ARO agrees to reschedule the hearing. A TDA representative shall be allowed to attend the hearing to respond to the appellant's testimony and written information and to answer questions from the review official. If the appellant has requested a hearing, the appellant and TDA shall be given at least five (5) days advance written notice, sent by certified mail, return receipt requested, of the time and place of the hearing. The rules and procedures for an administrative hearing under this subchapter are found in §§1.1050 - 1.1053 of this title (relating to Administrative Hearing Procedures for Conducting the Appeals of the Food and Nutrition Programs). (7) Basis for decision. The ARO must make a determination based solely on the information provided by TDA, the sponsor or FSMC, and based on federal and state laws, regulations, policies, and procedures governing the Program. (8) Time for issuing a decision. Within five (5) working days after the appellant's hearing, or within five (5) working days after receipt of written documentation if no hearing is held, the ARO shall make a determination based on a full review of the administrative record and inform the appellant of the determination of the review by certified mail, return receipt requested. This timeframe is an administrative requirement for TDA and may not be used as a basis for overturning TDA's action if a decision is not made within the specified timeframe. (9) Final decision. The determination made by the ARO is the final administrative determination to be afforded the sponsor or FSMC. (d) Record of result of appeals. TDA must maintain searchable records of all appeals and their disposition for three (3) years. (e) Effect of State agency action. TDA's action remains in effect during the appeal process. However, participating sponsors and sites may continue to operate the Program during an appeal of termination, and if the appeal results in overturning TDA's decision, reimbursement shall be paid for meals served during the appeal process. However, such continued Program operation shall not be allowed if TDA's action is based on imminent dangers to the health or welfare of children. If the sponsor or site has been terminated for this reason, TDA shall so specify in its notice of action. (f) Computation of time. In computing any period of time prescribed or allowed by this division, the day of the act, event, or default after which the designated period of time begins to run is not to be included. The last day of the period so computed is to be included, 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 or legal holiday. Source Note: The provisions of this §1.1011 adopted to be effective March 1, 2009, 34 TexReg 1227; amended to be effective December 5, 2013, 38 TexReg 8652

SUBCHAPTER A GENERAL RULES OF PRACTICE ***RULE §1.25 Filing of Exceptions, Briefs, and Replies***

(a) After the record of a hearing has closed, the administrative law judge conducting the hearing, or an administrative law judge who has reviewed the record of the case shall issue a proposal for decision on the case, stating findings of fact, conclusions of law and making a recommendation to the commissioner on the case. (b) For cases heard by a department administrative law judge, the proposal shall be issued within 30 working days from the date that the record of the case is closed. If the administrative law judge is unable to submit the proposal within the 30 days, the administrative law judge shall request an extension from the deputy general counsel. Neither the administrative law judge's failure to request an extension, the deputy general counsel's failure to grant the requested extension, nor the administrative law judge's failure to submit the proposal within the 30-day extended period shall in any way affect the validity of the proposal for decision or the commissioner's jurisdiction, consideration, or action relative to the proposal for decision. (c) Any party of record may, within 15 days after the date of service of such proposal, file exceptions and briefs to the proposal with the hearings clerk. Replies to such exceptions and briefs may be filed with the hearings clerk within 15 days after the date for filing of such exceptions and briefs. Notwithstanding any provision of these rules to the contrary, for purposes of this section, the term "filed" means actually received by the hearings clerk. Any exceptions, briefs, or replies filed shall be directed to the administrative law judge, filed with the hearings clerk, and served on parties in accordance with §1.5 of this title (relating to Filing and Service of Documents). A request for extension of time within which to file exceptions, briefs, or replies shall be directed to the administrative law judge and filed with the hearings clerk. A copy thereof shall be served on all other parties of record by the party making such request in accordance with §1.5 of this title (relating to Filing and Service of Documents). The administrative law judge shall promptly notify the parties of the ruling on any request for extension and shall allow additional time only in extraordinary circumstances where the interests of justice so require. A party may submit, and at the request of the administrative law judge shall submit, proposed findings of fact to be considered by the administrative law judge in the preparation of the proposal for decision. (d) The points involved in such exceptions, briefs, and replies shall be concisely stated. The evidence in support of each point shall be abstracted or summarized, and/or briefly stated in the form of proposed findings of fact. Complete citations to the page number of the record or exhibit referring to evidence shall be made. The specific purpose for which the evidence is relied upon shall be stated. The argument and authorities shall be organized and directed to each point properly proposed as a finding of fact in a concise and logical manner. Briefs shall contain a table of contents and authorities. Briefs, prior to the issuance of a proposal for decision, may be filed only when requested or permitted by the administrative law judge. (e) The administrative law judge may amend the proposal for decision pursuant to exceptions, replies, or briefs submitted by the parties without the proposal for decision again being served on the parties. (f) The failure of a party to properly serve copies of any exceptions and/or briefs filed in accordance with this section may result in withholding of consideration of the exceptions and/or briefs by the administrative law judge. (g) Upon the expiration of the time for filing exceptions or replies to exceptions, or after such replies and exceptions have been filed and considered, the administrative law judge's proposal for decision shall be considered by the commissioner, who shall render a decision and issue an order. Source Note: The provisions of this §1.25 adopted to be effective January 18, 1991, 16 TexReg 113; amended to be effective August 3, 1993, 18 TexReg 4747; amended to be effective August 23, 1996, 21 TexReg 7656.

TITLE 1 ADMINISTRATION PART 1 OFFICE OF THE GOVERNOR CHAPTER 3 CRIMINAL JUSTICE DIVISION SUBCHAPTER A GENERAL GRANT PROGRAM PROVISIONS ***RULE §3.7 Selection Process***

(a) All applications must be submitted to CJD and certified by the applicant's authorized official. For applications submitted and certified pursuant to an RFA, the executive director may select a review group, COG, or other designee to prioritize the applications and submit a priority listing to the executive director, who will render the final funding decision. (b) For applications certified by the applicant's authorized official, the executive director will decide whether to fund the application based upon the following factors: (1) the inherent value of the project's impact; (2) whether the project has the potential to be a model program; or (3) whether delaying the application would have a significant negative impact on the area proposed to be served. (c) For applications prioritized by a COG, the CJAC must prioritize the applications and prepare the priority listing. The COG's governing body must approve the priority listing. CJD will make final decisions on these applications based upon the availability of funding, identified state priorities, COG priorities, and eligibility. Preference will be given to applicants who demonstrate a cost effective approach to services that complements the governor's strategies. (d) During the review of an application, CJD may request that the applicant submit any additional information necessary to complete the grant review. Such requests for information do not serve as notice that CJD intends to fund an application. CJD may make the necessary corrections to an application to bring it into compliance with state or federal requirements. Any corrections to an applicant's budget will be reflected in the award documentation. (e) CJD will inform applicants of decisions on their grant applications through either a Statement of Grant Award or a notification of denial. For applications prioritized by a COG that do not receive funding recommendations, the COG notification of the decision not to recommend funding serves as the applicant's notification of denial. Source Note: The provisions of this §3.7 adopted to be effective February 24, 2000, 25 TexReg 1297; amended to be effective September 9, 2001, 26 TexReg 6645; amended to be effective December 16, 2002, 27 TexReg 11729; amended to be effective October 13, 2003, 28 TexReg 8873; amended to be effective June 9, 2004, 29 TexReg 5575; amended to be effective August 6, 2007, 32 TexReg 4747; amended to be effective June 21, 2009, 34 TexReg 3925; amended to be effective May 9, 2012, 37 TexReg 3389

§201.11 Correspondence and Notice

(a) All correspondence to an establishment or to a licensee shall be sent to the mailing address of record as reflected on the initial license application or as otherwise provided by the establishment or licensee. (b) Notice shall be deemed complete upon deposit by the Commission in a postpaid, properly addressed envelope. The correspondence must be placed in a post office or official depository under the care and custody of the United States Postal Service, FedEx, UPS or any other over-night mail delivery service. Source Note: The provisions of this §201.11 adopted to be effective October 18, 2015, 40 TexReg 7065

SUBCHAPTER A GENERAL RULES OF PRACTICE ***RULE §1.4 Procedure for Adoption of Rules***

(a) All department rules shall be promulgated in accordance with the provisions of the Administrative Procedure Act (the Act). (b) All comments concerning a proposed rule submitted to the department pursuant to the provisions of the Act, §2001.029, shall: (1) clearly identify the party or parties wishing the comment to be registered with the department; (2) concisely address the proposed rule(s) upon which comment is made; (3) be filed with the commissioner or the person designated to receive comments as stated in the Texas Register's publication of the proposed rule, no later than 30 days from the date the proposed rule is published in the Texas Register; and (4) contain the party's name, mailing address, and telephone number. (c) These rules shall be applied in the absence of other rules to the contrary promulgated by any board, commission, or committee, where such board, commission, or committee is expressly authorized to adopt such rules under the Texas Agriculture Code, and insofar as may be applicable and practicable. (d) Any interested person may petition the department for the adoption of a proposed rule. Such petition shall: (1) be in writing; (2) be addressed to the commissioner and dated; (3) give a brief explanation of the proposed rule; (4) set out the precise text of the proposed rule; (5) give the reasons or policy for the proposed rule; (6) give the statutory or other authority for the proposed rule; (7) give applicable fiscal information concerning the rule's impact upon state and local government, if adopted, separately stated for the first five years of the rule's operation; (8) give the public benefit to be expected from the proposed rule in the first five years of its operation; (9) give the probable economic cost to persons required to comply with the rule during the first five years of its operation; (10) contain a request that the rule be adopted; and (11) be signed by the petitioner with his name, mailing address, and telephone number set out thereunder. (e) Within 60 days after the receipt of a petition for the adoption of a rule, the department shall either deny the petition in writing, stating its reasons for the denial, or initiate rulemaking proceedings in accordance with the Act, Subchapter B. Source Note: The provisions of this §1.4 adopted to be effective January 18, 1991, 16 TexReg 113; amended to be effective August 3, 1993, 18 TexReg 4747; amended to be effective August 23, 1996, 21 TexReg 7656.

TITLE 1 ADMINISTRATION PART 1 OFFICE OF THE GOVERNOR CHAPTER 3 CRIMINAL JUSTICE DIVISION SUBCHAPTER AGENERAL GRANT PROGRAM PROVISIONS ***RULE §3.9 Funding Decisions***

(a) All funding decisions made by the executive director are final and are not subject to appeal. The receipt of an application by CJD does not obligate CJD to fund the grant or to fund it at the amount requested. (b) Neither the approval of a project nor any grant award shall obligate CJD in any way to make any additional, supplemental, continuation, or other award. Source Note: The provisions of this §3.9 adopted to be effective February 24, 2000, 25 TexReg 1297; amended to be effective December 5, 2001, 26 TexReg 9775; amended to be effective December 16, 2002, 27 TexReg 11729; amended to be effective June 9, 2004, 29 TexReg 5575; amended to be effective August 6, 2007, 32 TexReg 4747; amended to be effective June 21, 2009, 34 TexReg 3925

DIVISION 2 GOVERNOR'S JUVENILE JUSTICE ADVISORY BOARD ***RULE §3.8220 Compensation***

(a) All members shall serve without compensation. Necessary travel and per diem expenses may be reimbursed when such expenses are incurred in direct performance of official duties of the Board. All Board members will be reimbursed according to the rates set by the legislature. (b) The governor, chairman or the executive director of CJD may appoint qualified persons to advise the Board concerning specific juvenile justice matters. Such persons shall serve without compensation but may be reimbursed for reasonable and necessary expenses upon approval of the executive director of CJD. Source Note: The provisions of this §3.8220 adopted to be effective January 3, 1997, 21 TexReg 12397; amended to be effective December 16, 2002, 27 TexReg 11729; amended to be effective August 6, 2007, 32 TexReg 4747; amended to be effective May 9, 2012, 37 TexReg 3389

SUBCHAPTER A GENERAL RULES OF PRACTICE ***RULE §1.5 Filing and Service of Documents***

(a) All pleadings filed by any party relating to any contested proceeding pending or to be instituted before the department shall be filed with the hearings clerk, and if appropriate, the SOAH. A pleading shall be deemed filed only when actually received. (b) A copy of any pleading filed by any party in any proceeding, subsequent to the institution thereof, shall be mailed or otherwise delivered by the party filing the same to every other party, or such party's attorney of record not less than five days before the time specified for the hearing. (c) Deposit in the United States mail of a registered or certified letter, return receipt requested, or mailing by commercial carrier such as Federal Express, addressed to the affected party or the attorney of record for the party and sent to the party's last known address, or if a party is a licensee, the last address shown by the records of the department, or the attorney's last known address, shall constitute service of the pleading. The date of deposit as hereinabove provided is the date of the act, after which any designated period of time begins to run as provided in 1.6 of this title (relating to Computation and Enlargement of Time). (d) Service may also be accomplished by telephonic document transfer (fax). Service by telephonic document transfer is complete when sent to the recipient's current telecopier number. Service by telephonic document transfer after 5:00 p.m. local time of the recipient shall be deemed served on the following day. (e) The willful failure of any party to make such service shall be sufficient grounds for the entry of an order by the administrative law judge, striking the protest, reply, answer, motion, or other pleading from the record. (f) A certificate by the party, attorney, or representative who files a pleading, stating that it has been served on the other parties, shall be prima facie evidence of such service. The following form of certificate will be sufficient in this connection: "I hereby certify that a copy of this (state name of pleading) was sent by (state manner of service) to each addressee listed below on ________________________. Signature." (g) If a document was sent to a party by the department by regular mail, certified mail, or registered mail, the document is presumed to have been received no later than five days after mailing. Source Note: The provisions of this §1.5 adopted to be effective January 18, 1991, 16 TexReg 113; amended to be effective August 3, 1993, 18 TexReg 4747; amended to be effective August 23, 1996, 21 TexReg 7656; amended to be effective August 30, 2000, 25 TexReg 8375

SUBCHAPTER B DUTIES OF A FUNERAL ESTABLISHMENT/LICENSEE ***RULE §203.35 Location of Retained Records***

(a) All records required for retention by Occupations Code Chapter 651 and Rules of the Commission, will be maintained for a minimum of two years within the physical confines of the licensed establishment where the funeral arrangements were made. The records must be made available to the person responsible for making arrangements for final disposition during regular business hours. Copies must be provided upon request to the Commission during the course of an investigation or inspection. (b) Any licensed establishment may submit a petition to the Commission requesting an exemption to the portion of subsection (a) of this section which requires that retained records be kept within the physical confines of the licensed funeral establishment where the funeral arrangements were made. Each petition will clearly state: (1) a brief explanation of the problem(s) created by maintaining the records at that location; (2) the rational or justification for the granting of the exemption; (3) the specific remedy requested, including the alternative location selected; (4) assurances that the records of the different establishments will not be comingled and the Commission will be able to easily access all records by name of the establishment, name of individual, or by date of service. (c) The Executive Director may grant the request only if the alternative location is a funeral establishment is within 100 miles of the other funeral establishment and both have the same owner. (d) The Executive Director will advise the licensed establishment in writing of the action taken. An applicant for an exemption may appeal to the Commissioners, in writing, the Executive Director's denial of the request for an exemption. The Commissioners' decision is final and not subject to judicial review. (e) A funeral establishment is authorized to maintain its records in a digital or electronic format as long as the establishment has the ability to print the records at that establishment. Source Note: The provisions of this §203.35 adopted to be effective October 18, 2015, 40 TexReg 7069; amended to be effective October 3, 2019, 44 TexReg 5625

SUBCHAPTER A GENERAL PROVISIONS ***RULE §2.3 Payment of Required License Fees***

(a) All required fees must be paid in order to obtain a valid license, including a renewal license, from the department. (b) Any license issued by the department is void and of no effect if based upon a check that is later returned for insufficient funds, closed account, or other reason, regardless of whether the department notifies the applicant of the insufficiency of payment or the invalidity of the license. (c) It is the applicant's responsibility to ensure that all licensing fees are paid in valid U.S. funds. Source Note: The provisions of this §2.3 adopted to be effective December 23, 1999, 24 TexReg 11257

SUBCHAPTER ALICENSING ***RULE §203.5 Provisional License***

(a) An applicant for a provisional license must meet the eligibility requirements of Occupations Code, §651.302 and shall submit to a criminal background check. Upon written application, the Commission shall waive the requirements of Occupations Code, §651.302(a)(2) and (b)(2) for a period not to exceed 12 months to an applicant who is otherwise qualified. This education waiver may be granted only to a person who has never held a provisional license issued by the Commission. (b) An applicant who is enrolled in an accredited mortuary college must have the college forward a letter of enrollment prior to a provisional license being issued. A provisional license holder who was granted an education waiver under Occupations Code §651.302(c) must have the college forward a letter of enrollment prior to a provisional license being renewed. An applicant or a provisional license holder who has completed coursework but is not a certified graduate may hold a provisional license if the person has the college forward a letter stating the person has filed for graduation and provide an expected graduation date within 3 months. (c) If a school or college or mortuary science loses its accreditation, a student who is enrolled and actively attending classes related to mortuary science will be considered to have graduated from an accredited school or college of mortuary science for the purpose of complying with Occupations Code §651.253, if the student graduates within 12 months of the loss of accreditation. (d) A provisional license holder may work only in a funeral establishment or commercial embalming establishment licensed by the Commission. All work must be performed under the direct and personal supervision of a duly licensed funeral director or embalmer, depending on the provisional license. (e) The provisional funeral director program may not be served in a commercial embalming establishment. (f) A provisional license holder must maintain employment with a funeral establishment or commercial embalming establishment, as applicable, throughout the provisional license period. A provisional license holder must notify the Commission where he/she is employed and if he/she changes employer. If the license holder is not employed, the Commission will cancel the provisional license. (g) A provisional license is valid for a term of 12 consecutive months. If a provisional license holder fails to complete the license requirements in the 12-month license period, the holder's license may be renewed for an additional 12 months, for a maximum term of 24 months. (h) Notwithstanding subsection (g) of this section, if a provisional license holder who was granted an education waiver under Occupations Code §651.302(c) fails to complete the license requirements in the maximum 24-month license period, the holder's license may be renewed for up to an additional 12 months, for a maximum term of 36 months. The license will be extended only for the number of months the provisional license holder was not enrolled in mortuary school. (i) Fees will not be refunded to a provisional license holder who fails to complete the program. (j) The Commission shall exit a provisional license holder from the program at any time during the license term if the license holder shows he/she has met the eligibility requirements of Occupations Code §651.253. (k) Upon the completion of the provisional license program, the provisional license holder shall submit the Commission promulgated Exit Application and all required documentation to the Commission. The Commission shall verify the information received to ensure the provisional licensee has met all requirements. All information submitted is subject to inspection. (l) Once the Commission confirms licensing requirements have been met, the Commission shall issue to the provisional license holder a written affidavit to be executed by the Funeral Director in Charge or the Embalmer in Charge, as applicable, which attests to the proficiency of the provisional license holder. (m) Prior to issuing a regular license, the Commission must receive the affidavit described by subsection (1) of this section and the fees required for regular licensure. (n) Examination Requirements. (1) An applicant for full licensure as a funeral director from the certificate program must pass the Texas State Board Examination as described in Occupations Code, §651.255. (2) An applicant for full licensure who holds an Associate of Applied Science degree is required to pass either or both of the examinations as described in Occupations Code, §§651.255 - 651.256, depending on the license type being sought. (3) Prior to being issued a provisional license, an applicant must pass the State Mortuary Law Examination administered by the Commission. If a person fails to submit an application for licensure within 6 months of taking the Mortuary Law Examination, the score is invalidated and the person must retake and pass the exam prior to licensure. (4) A passing score of at least 75% is required for each examination described in paragraphs (1) - (3) of this subsection. (o) A person who fails to submit an application within 6 months after submitting to a criminal background check may be required to submit to a subsequent background check. Source Note: The provisions of this §203.5 adopted to be effective October 18, 2015, 40 TexReg 7065; amended to be effective October 6, 2016, 41 TexReg 7716; amended to be effective October 3, 2019, 44 TexReg 5625

SUBCHAPTER ALICENSING ***RULE §203.15 Required Notification of Criminal Conviction***

(a) An applicant for licensure shall disclose in writing to the Commission any conviction against him or her related to the occupations of funeral directing or embalming as defined by §203.16(h) of this title at the time of application. (b) A current licensee shall disclose in writing to the Commission any conviction against him or her related to the occupations of funeral directing or embalming as defined by §203.16(h) of this title at the time of renewal or no later than 30 days after judgment in the trial court, whichever date is earlier. (c) Upon notification of a conviction, the Commission shall request that the person respond by filing information demonstrating why the Commission should not deny the application or take disciplinary action against the person, if already licensed. The response must be filed within 21 days of the date of receipt of notice from the Commission. An applicant for licensure is responsible for filing documentation that will allow the Commission to take action under §203.16 of this title. Source Note: The provisions of this §203.15 adopted to be effective October 18, 2015, 40 TexReg 7065

SUBCHAPTER A GENERAL PROVISIONS ***RULE §2.1 Application for a License***

(a) An application is not an agency request for information for any purpose under the Texas Government Code, the Texas Agriculture Code, or these rules. (b) If information requested on an agency application form or other materials is not expressly identified as optional or in the alternative, the information is required. (c) An applicant for an initial license or renewal of a license shall submit to the department in a timely fashion all application forms, bonds, tests, data, fees, and other material required by law to precede the issuance of such initial license or renewal license. (d) Any application for a license that does not include all such required forms and materials, or which includes forms or other materials that contain deficient information or on which required information is missing, is an incomplete application. (e) An incomplete application shall become void on the one-year anniversary of the submission of the incomplete application. A void application will not be processed and any application fee associated with the void application shall not be refunded. This action is not a denial of a license for any purpose under the Texas Government Code, the Texas Agriculture Code, or these rules. (f) The department shall within 15 days after receipt of the first application form: (1) issue a license, if the application is complete and correct and the applicant is eligible and meets all the requirements for the license; (2) if the application is complete and a determination regarding the issuance of a license will be delayed beyond 15 days, send the applicant a written notice stating that the application is complete and accepted, that a determination regarding issuance of the license will be delayed, and stating the time period within which a determination will be made; or (3) if the application is incomplete, send the applicant a written notice stating that the application is incomplete and specifying the information that is missing or deficient; or (4) if the applicant is ineligible or otherwise does not meet the requirements for licensing, send the applicant a written notice stating that the applicant is ineligible or does not meet the requirements for licensing and specifying the reasons why the applicant is ineligible or does not meet the requirements for licensing. (g) An applicant may contest the department's failure to comply with the time periods established in subsection (f) of this section by filing a notice of protest: (1) within 15 days after the date of a notice sent under subsection (f)(2) of this section; or (2) within 30 days after the date the application was submitted, if the applicant fails to receive a notice under subsection (f) of this section or a license. (h) If notice of protest is timely filed and the commissioner determines that the specified time periods for processing under subsection (f) of this section have been exceeded and that good cause does not exist for exceeding those time periods, the license or permit filing fee shall be reimbursed in full to the applicant. The term "good cause" as used in this subsection has the meaning specified in §2005.004 of the Texas Government Code. (i) If timely and sufficient application for the renewal of a license is not made, the department may terminate the effectiveness of such license at the end of its stated term without notice or opportunity for a hearing. Source Note: The provisions of this §2.1 adopted to be effective May 30, 2010, 35 TexReg 4146

SUBCHAPTER Q PROTEST OF CONTRACT AWARDS OR AGENCY PROCUREMENT PROCEDURES ***RULE §1.1101 Filing a Protest; Effect***

(a) Any actual or prospective bidder, offeror, or contractor who asserts or complains of improper process or a procedural defect in connection with the agency's solicitation, evaluation, or award of a contract may file a formal protest with the Responsible Individual for the division, subdivision or office that is responsible for the procurement. (b) A protest must be made in writing and received by the Responsible Individual within 10 working days after the protesting party knows, or should have known, of the occurrence of the action that is protested. (c) Formal protests must conform to the requirements of this subchapter, and will be resolved through use of the procedures that are described in this subchapter. The protesting party must mail or deliver copies of the protest to the agency and other interested parties. (d) In the event of a timely protest under this section, the agency will suspend further process with the solicitation or award of the contract unless the Commissioner or Deputy Commissioner makes a written determination that the contract must be awarded without delay, to protect the best interests of the agency. (e) A formal protest must be sworn and contain: (1) a specific identification of the statutory or regulatory provision that the protesting party alleges has been violated; (2) a specific description of each action by the agency that the protesting party alleges to be a violation of the statutory or regulatory provision that the protesting party has identified pursuant to paragraph (1) of this subsection; (3) a precise statement of the relevant facts; (4) a statement of any issues of law or fact that the protesting party contends must be resolved; (5) a statement of the argument and authorities that the protesting party offers in support of the protest; and (6) a statement that copies of the protest have been mailed or delivered to the agency and all other identifiable interested parties. (f) Unless the Commissioner or Deputy Commissioner makes a written determination that the contract must be awarded without delay as authorized by this section, the Agency may not proceed with the award and contract until the protest is denied or resolved favorably to the Agency. Source Note: The provisions of this §1.1101 adopted to be effective March 26, 2013, 38 TexReg 1971

SUBCHAPTER A GENERAL RULES OF PRACTICE ***RULE §1.12 Motions***

(a) Any motion relating to a pending proceeding shall, unless made during a hearing, be written, set forth the relief or order sought and the specific reasons and grounds therefor, and be timely filed with the hearings clerk in accordance with §1.5 of this title (relating to Filing and Service of Documents). If the movant desires an oral argument on the motion, the motion shall so state. (b) A reply to such motion may be filed by any other party to the proceeding. If the party filing a response to a motion desires an oral argument on the motion, the reply shall so state. A reply to a written motion shall be filed on the earlier of five days after receipt of the motion or on the date of the hearing. (c) If based upon matters which do not appear of record, the motion or reply shall be supported by affidavit. (d) When necessary in the judgment of the commissioner or the administrative law judge, a hearing may be held to consider any motion. (e) The administrative law judge may issue a written decision on a motion, state the decision on the record, or reserve ruling until after the hearing of the case. If a ruling on a motion is reserved until after the hearing of the case, the ruling shall be in writing and may be included in the proposal for decision. Source Note: The provisions of this §1.12 adopted to be effective January 18, 1991, 16 TexReg 113; amended to be effective August 3, 1993, 18 TexReg 4747.

SUBCHAPTER J AGRICULTURAL LIEN DISPUTES ***RULE §1.607 Confidentiality***

(a) Any notes or record made of a settlement conference conducted under this subchapter are confidential, and may not be disclosed unless all parties to the dispute consent to the disclosure. (b) A facilitator conducting a settlement conference under this subchapter may not be required to testify in any proceedings relating to or arising out of the matter in dispute or be subject to process requiring disclosure of confidential information or data relating or arising out of the matter in dispute. (c) An oral communication or written material used in or made a part of a settlement conference conducted under this subchapter is admissible or discoverable, if it is admissible or discoverable independent of the procedure, or required to be disclosed by law. Source Note: The provisions of this §1.607 adopted to be effective September 22, 1997, 22 TexReg 9242.

SUBCHAPTER ALICENSING ***RULE §203.13 Franchise Tax***

(a) Any taxable entity, as defined under Tax Code §171.0002, contracting with the Commission and/or any taxable entity that is an applicant for a license or permit issued by the agency must certify in writing, on a form provided by the agency, that its right to transact business in Texas is active, that it is exempt from payment of the franchise tax or that it is an out-of-state entity that is not subject to the franchise tax. (b) The making of a false statement as to franchise tax status on any license or permit application shall be grounds for disciplinary action. (c) The making of a false statement as to franchise tax status with regards to a state contract shall be grounds for cancellation of the contract at the option of the agency by treating the statement as a material breach of contract. Source Note: The provisions of this §203.13 adopted to be effective October 18, 2015, 40 TexReg 7065

SUBCHAPTER B GRANT BUDGET REQUIREMENTS ***RULE §3.81 Equipment***

(a) Applicants must include a detailed description of all proposed equipment purchases in their grant application to CJD for approval. Grantees must request any additional equipment purchases through grant adjustments. (b) CJD will not approve grant funds to purchase vehicles or equipment for governmental agencies that are for general agency use. The Edward Byrne Justice Assistance Grant Program and the County Essential Services Grant Program are exempt from this subsection. Source Note: The provisions of this §3.81 adopted to be effective February 24, 2000, 25 TexReg 1297; amended to be effective September 9, 2001, 26 TexReg 6645; amended to be effective March 17, 2002, 27 TexReg 1693; amended to be effective December 16, 2002, 27 TexReg 11729; amended to be effective October 13, 2003, 28 TexReg 8873; amended to be effective June 9, 2004, 29 TexReg 5575; amended to be effective June 22, 2006, 31 TexReg 4855; amended to be effective August 6, 2007, 32 TexReg 4747; amended to be effective June 21, 2009, 34 TexReg 3925; amended to be effective May 9, 2012, 37 TexReg 3389

DIVISION 2 GOVERNOR'S JUVENILE JUSTICE ADVISORY BOARD ***RULE §3.8215 Meetings***

(a) At all meetings, the latest version of Robert's Rules of Order shall govern proceedings. (b) Meetings will be held at least annually and at other times deemed necessary and appropriate. Source Note: The provisions of this §3.8215 adopted to be effective January 3, 1997, 21 TexReg 12397; amended to be effective December 16, 2002, 27 TexReg 11729; amended to be effective June 9, 2004, 29 TexReg 5575

DIVISION 1 TEXAS CRIME STOPPERS COUNCIL ***RULE §3.8115 Meetings***

(a) At all meetings, the latest version of Robert's Rules of Order shall govern proceedings. (b) Meetings will be held at least annually and at other times deemed necessary by the chairman or the executive director of CJD. Source Note: The provisions of this §3.8115 adopted to be effective January 3, 1997, 21 TexReg 12397; amended to be effective December 16, 2002, 27 TexReg 11729; amended to be effective June 9, 2004, 29 TexReg 5575

SUBCHAPTER H TEXAS CRIME STOPPERS PROGRAM ***RULE §3.9006 Expiration or Non-Renewal of Certification***

(a) At the end of the two-year certification period, a crime stoppers organization's certification will expire, unless the Council has approved the renewal of its certification. The Council will not renew the organization's certification and will decertify the organization if the Council determines that the organization no longer meets the certification requirements. (b) If a crime stoppers organization's certification expires or is not renewed, the organization is not eligible to receive repayments of rewards under Articles 37.073 and 42.152 of the Texas Code of Criminal Procedure, or payments from a defendant under Chapter 42A of the Texas Code of Criminal Procedure. (c) If an organization has submitted a timely application to renew its certification: (1) The Council shall send written notification to the crime stoppers organization no later than 45 calendar days prior to the meeting at which the Council will consider the renewal of certification of the organization. The written notification shall include the following: (A) Any reasons why the organization may no longer meet the certification requirements described in §3.9000(b) of this chapter; and (B) The date, time, and location of the meeting at which the Council will consider the certification renewal of the organization. (2) The crime stoppers organization may submit a written response, which shall include an explanation and specific reasons why the organization believes that its certification should be renewed. The written response must be received by the director of the Council at least 10 calendar days prior to the meeting at which the Council will consider the renewed certification of the organization. (3) The Council shall render a decision regarding the certification renewal of the crime stoppers organization and shall notify the organization in writing of its decision. (d) If a crime stoppers organization's certification expires or is not renewed, the director of the Council shall notify the state comptroller, and the relevant courts, county auditors and community supervision and corrections departments in the organization's region, that the organization is decertified and is not eligible to receive repayments of rewards under Articles 37.073 and 42.152 of the Texas Code of Criminal Procedure, or payments from a defendant under Chapter 42A of the Texas Code of Criminal Procedure. (e) Not later than the 60th day after the date of expiration or non-renewal of the certification of the organization, the organization shall forward all unexpended money received pursuant to §414.010 of the Texas Government Code to the state comptroller. Source Note: The provisions of this §3.9006 adopted to be effective June 12, 2011, 36 TexReg 3407; amended to be effective March 26, 2020, 45 TexReg 1975

SUBCHAPTER ALICENSING ***RULE §203.3 Retired/Disabled License***

(a) At the time of license renewal, any licensed Funeral Director, Embalmer or dual licensee aged 65 or older will be placed in a Retired, Active status. Upon written application to the Commission, a licensee may be placed in a Retired, Inactive status. (b) Upon written application to the Commission, any licensed Funeral Director, Embalmer or dual licensee with a disability of 75% or greater will be placed in a Disabled, Active or Disabled, Inactive status. Proof of disability will be required at the time of the application. If the Commission questions the validity of the certification, a certification from a second source may be required. Submission of required documentation does not imply a guarantee of acceptance of documentation or approval of the application. (c) Any individual holding an inactive license will be subject to disciplinary action if the individual performs any act of funeral directing and/or embalming. (d) Any individual holding an inactive license may convert at any time to either a Retired, Active or Disabled, Active license upon written notification to the Commission and payment of applicable licensing fees. (e) The fee for Retired, Active or Disabled, Active status is one-half the amount of the license renewal fee charged for active status. Source Note: The provisions of this §203.3 adopted to be effective October 18, 2015, 40 TexReg 7065; amended to be effective October 3, 2019, 44 TexReg 5625

SUBCHAPTER O HOME-DELIVERED MEAL GRANT PROGRAM ***RULE §1.953 County Grant Required***

(a) Before an Organization may receive a grant from the Department, the county in which the Organization provides meals must make a grant to the Organization. The grant must be for the provision of home-delivered meals to the homebound elderly and disabled in that county. (b) A county may make a grant to more than one Organization in the county. (c) If the county makes a grant to one or more Organizations in an amount that is less than 25 cents for each person at least 60 years of age who resides in the county, according to the most recent federal decennial census, the maximum amount the Department may provide to Organizations in the county is reduced to an amount in proportion to the amount by which the county grant is less than 25 cents for each elderly resident. Source Note: The provisions of this §1.953 adopted to be effective September 11, 2007, 32 TexReg 6127; amended to be effective November 22, 2011, 36 TexReg 7861

SUBCHAPTER F PROGRAM MONITORING AND AUDITS ***RULE §3.2601 Monitoring***

(a) CJD and COD will monitor the activities of grantees as necessary to ensure that grant funds are used for authorized purposes and that grantees achieve grant purposes. (b) The monitoring program may consist of formal audits, monitoring reviews, and technical assistance. CJD or COD may implement monitoring through on-site review at the grantee or sub-grantee location or through a desk review. CJD or COD may request grantees to submit information to CJD or COD to support any monitoring review. (c) Grantees must make available to CJD or COD all records relevant to a monitoring review. Failure to provide adequate documentation may result in disallowed costs or other remedies for noncompliance. (d) After a monitoring review, the grantee will be notified in writing of any noncompliance identified by CJD or COD in the form of a preliminary report. (e) The grantee shall respond to the preliminary report and the deficiencies or recommendations, and submit a corrective action plan to CJD or COD within a time specified by CJD or COD. (f) The corrective action plan shall include: (1) the titles of the persons responsible for implementing the corrective action plan; (2) the corrective action to be taken; and (3) the anticipated completion date. (g) If the grantee believes corrective action is not required for a deficiency or recommendation, the response shall include an explanation and specific reasons. CJD or COD will determine whether the response is adequate to resolve the deficiency or recommendation. (h) The grantee's response and the approved corrective action plan shall become part of the final report. (i) The grantee shall resolve all identified findings within the time specified by CJD or COD. Source Note: The provisions of this §3.2601 adopted to be effective February 24, 2000, 25 TexReg 1297; amended to be effective September 9, 2001, 26 TexReg 6645; amended to be effective December 16, 2002, 27 TexReg 11729; amended to be effective October 13, 2003, 28 TexReg 8873; amended to be effective June 9, 2004, 29 TexReg 5575; amended to be effective June 22, 2006, 31 TexReg 4855; amended to be effective June 21, 2009, 34 TexReg 3925; amended to be effective May 9, 2012, 37 TexReg 3389

SUBCHAPTER E ADMINISTERING GRANTS ***RULE §3.2529 Grant Management***

(a) CJD has oversight responsibility for the grants it awards. CJD may review the grantee's management and administration of grant funds and records at any time. Grantees must respond to all CJD inquiries or requests and must make all requested records available to CJD. (b) The grantee is the entity legally and financially responsible for the grant. A grantee may not delegate its legal or financial responsibility. Source Note: The provisions of this §3.2529 adopted to be effective February 24, 2000, 25 TexReg 1297; amended to be effective December 16, 2002, 27 TexReg 11729; amended to be effective October 13, 2003, 28 TexReg 8873; amended to be effective June 9, 2004, 29 TexReg 5575; amended to be effective June 21, 2009, 34 TexReg 3925

SUBCHAPTER B GRANT BUDGET REQUIREMENTS ***RULE §3.75 Personnel***

(a) CJD shall determine the reasonableness of requested salaries and reserves the right to limit the CJD-financed portion of any salary. (b) CJD shall not pay any portion of the salary of, or any other compensation for, an elected or appointed government official. (c) Compensation for grant-funded employees must be comparable to that of non grant-funded employees performing similar work duties. (d) Grantees may use grant funds to compensate staff members leaving employment for accrued leave (which includes, but is not limited to, annual leave, compensatory time, and sick leave) in accordance with the grantee's policy. These payments may only fund leave earned during the current grant period. The proportion of grant funds paid for leave cannot exceed the proportion of grant funds used to pay the staff member's salary. Source Note: The provisions of this §3.75 adopted to be effective February 24, 2000, 25 TexReg 1297; amended to be effective July 16, 2000, 25 TexReg 6485; amended to be effective September 9, 2001, 26 TexReg 6645; amended to be effective December 16, 2002, 27 TexReg 11729; amended to be effective October 13, 2003, 28 TexReg 8873; amended to be effective June 9, 2004, 29 TexReg 5575; amended to be effective June 22, 2006, 31 TexReg 4855; amended to be effective June 21, 2009, 34 TexReg 3925; amended to be effective May 9, 2012, 37 TexReg 3389

SUBCHAPTER B COLLECTION OF DEBTS ***RULE §1.56 Waiver of Fees***

(a) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise. (1) Business day--Any day during which the United States Post Office or during which the department is open for business for any portion of the day, through the close of business on each such day. (2) Code--The Texas Agriculture Code. (3) Confirmed--Obtained from department records or from documented information acquired through oral or written communication between the department and the person owing the fee or that person's authorized agent or representative. (4) Good cause--any reason listed in subsection (c)(2) of this section or a credible written certification from an authorized agent or representative of an entity listed in subsection (c)(1) of this section stating that the entity did not know that it qualified for a waiver due to a change in personnel responsible for managing licensed activities or due to other circumstances demonstrating an innocent mistake. (5) Invoice period--From the invoice date printed on the invoice to the date the invoiced payment is due, inclusive. (6) License--The whole or a part of any department permit, certificate, approval, registration, or similar form of permission required by law. (7) Renewal period--From the date a renewal notice is sent to the date of expiration of the license to which the renewal notice refers, inclusive. (8) Responsible assistant commissioner--The assistant commissioner in charge of the Austin headquarters division that administers and establishes policy for the regulatory, marketing, licensing inspection, or other program for which waiver of a license, inspection, or other fee is requested. (9) Send--Place in a United States Postal Service mail receptacle, place into the control of an employee of the U.S. Postal Service, transmit by facsimile machine, or place in the department's electronic mail queue for transmittal. (b) Notice that fee is due. (1) Notice that a fee is due shall be in writing and may be made by facsimile, electronic mail, regular mail service by the United States Post Office, hand-delivery, or any other written means. (2) A mailed notice may be directed to the last known physical address, electronic mail address, or facsimile number of the person owing the fee, as shown on department records. (3) A hand-delivered or other written notice may be served on any employee or agent who exercises executive or managerial responsibilities on behalf of the person owing the fee. (c) Circumstances under which a fee may be waived. (1) Fees will be waived when required by a state or federal statute, the United States Constitution, the Texas Constitution, a state or federal court order from a court of competent jurisdiction, or in accordance with the provisions of this section. When waiver of a fee is not required by law, failure to collect the fee can have negative financial consequences for the state, this agency, and the people we serve. Accordingly, the provisions of this section shall be strictly construed and implemented to disfavor the waiver of fees. (2) As authorized by section 12.034 of the Texas Agriculture Code (the Code), the department may waive the following fees when the circumstances and documentation listed below are shown to exist in accordance with the provisions of this section: (A) License Fees. License fees are generally required for legislatively mandated cost recovery purposes and will not be waived except for the following entities which file their request for fee waiver by the deadline specified in subsection (e) of this section, or have good cause for failing to file their request by that deadline, and who would otherwise have timely met the requirements for the original license or renewal thereof. The responsible assistant commissioner shall make any necessary determination regarding the existence of good cause under this paragraph. Reference to an agency, school, organization, or other artificial entity below includes only the entity. Individual employees or agents of a listed entity are not eligible for a fee waiver, regardless whether the license is for personal use or use in service to the entity. (i) another state agency; (ii) local governmental entity; (iii) a private or public primary or secondary school that certifies in writing that all proceeds from any sales authorized by the license will be applied to educational activities, equipment, supplies, or other educational expenses incurred by the school; (iv) a state-funded college or university that certifies in writing that all proceeds from any sales authorized by the license will be applied to educational activities, equipment, supplies, or other educational expenses incurred by the college or university; (v) a student organization operated by, through, or under an entity described by clause (iii) or (iv) of this subparagraph that certifies in writing that all proceeds from any sales authorized by the license will be applied to educational activities, equipment, supplies, or other educational expenses incurred by the organization; (vi) a parent-teacher association operated by, through, or under an entity described by clause (iii) or (iv) of this subparagraph that certifies in writing that all proceeds from any sales authorized by the license will be applied to educational activities, equipment, supplies, or other educational expenses incurred by the association; or (vii) a department employee, if the employee's supervisor requires or recommends that the license be obtained. (B) Additional Fee for Late Payment of License Renewal Fees (Section 12.024 of the Code). (i) Incapacity from serious illness or injury. Person owing the fee was incapacitated (unable to address renewal or invoice matters) due to serious illness or injury during most or all of the renewal period or invoice period as evidenced by medical records or a letter from and signed by a treating physician. The responsible assistant commissioner shall determine whether a particular illness or injury qualifies as serious and whether such injury or illness rendered the person incapacitated. (ii) Fatal or life-threatening illness or injury. A member of the immediate family of the person owing the fee experienced a fatal or life-threatening illness or injury during the renewal period or invoice period, as evidenced by medical records or a letter from and signed by a treating physician. The responsible assistant commissioner shall evaluate any submitted medical records or treating-physician letter to determine whether a particular illness or injury qualifies as fatal or life-threatening, as well as whether a particular individual qualifies as a member of the immediate family of the person owing the fee; (iii) Catastrophic loss to business property. Person owing the fee suffered a catastrophic loss to a significant amount of property (either real property or inventory), used for the activities for which the fee is due, as the result of circumstances beyond the control of the person and the person's agent or representative during the twelve-month period preceding the date the renewal or other payment was due, as evidenced by official loss appraisals, pictures authenticated by affidavit, or other similar records. Weather related damages to property, such as from tornado, windstorm, hurricane, lightning, or flood are hereby deemed beyond the control of the person owing the fee. Any necessary determination regarding the factual evidence of loss, whether the circumstances were beyond the control of the person owing the fee and that person's agent or representative, unless otherwise deemed under this clause as beyond the person's control, and whether the financial hardship resulting from the loss warrants approving a waiver, shall be made by the responsible assistant commissioner. (iv) Alleged failure to timely receive renewal notice. Department records show that the renewal notice was not sent by the department to the last known address according to department records (unless those records contain an obvious significant typographical error by the department that could reasonably have resulted in misdelivery of the notice) of the person in whose name the license was issued, on or before the 30th day prior to expiration of the license that was the subject of the renewal notice. (I) The requester must attach to the request any documentation confirming the then-current (at the time of the request for waiver of the fee) mailing address of the person in whose name the license was issued. (II) Waiver of a late fee will not be granted under this clause if the licensee has failed to comply with a statute or department rule requiring the person to notify the department of a change of address and use of the previous address appears to be the primary cause for the failure to timely receive the notice. (III) Section 12.024(f) of the Code directs the department to send a renewal notice on or before the 30th day prior to expiration of a license. Section 12.024(f) does not require or direct that a renewal notice be received by the licensee on or before the 30th day prior to expiration of the license. The department considers the wording of Section 12.024(f) precatory in nature and nothing in that provision shall be construed to require waiver of a late fee solely because the renewal notice was not sent to or received by the requester on or before the 30th day prior to expiration of the license that was the subject of the renewal notice. (IV) The responsible assistant commissioner will decide on a case-by-case basis whether an alleged failure to send the renewal notice on or before the 30th day prior to expiration significantly impaired the licensee's ability to timely renew. The responsible assistant commissioner shall take into account the requirements for renewal for the particular license, the amount of time past the 30th day (prior to expiration) that the renewal notice was actually sent, if this can be determined, and any other circumstances relevant to the licensee's ability to comply by the renewal deadline in light of the alleged late mailing. (V) Absent a postmark or information within the department's records showing otherwise, for purposes of applying this clause a renewal notice is conclusively presumed to have been sent on or before the 30th day prior to expiration of the license that was the subject of the renewal notice. (v) Entities that ordinarily qualify for waiver of licensing fee. The entity is listed in subsection (c)(2)(A) of this subsection and is subject to a renewal fee due to the entity's failure to timely file for a waiver, show good cause for failing to timely file for a waiver, or timely meet the renewal requirements for their license. (vi) Other justifiable reasons. Any reason which, in the judgment of the responsible assistant commissioner, involves extraordinary circumstances that justify waiver of the fee to ensure just and fair treatment of the person who owes the fee. The department may, by written notice published in the In Addition section of the Texas Register, prospectively or retroactively waive late fees for an entire class of licensees if, due to malfunctions in the renewal generation process, a class of license renewals are mailed less than 30 days prior to the normal expiration date for that class of licenses or under other circumstances as deemed necessary for the just and fair treatment of an entire class of licensees. The responsible assistant commissioner shall make any necessary determination under this paragraph, regarding whether waiver is necessary to ensure just and fair treatment of the person who owes the fee. (C) Inspection Fees. Inspection fees are generally required for legislatively mandated cost recovery purposes and will not be waived except for extraordinary reasons. Unless another controlling law prohibits waiver, these fees may be waived for any reason which, in the judgment of the responsible assistant commissioner, involves extraordinary circumstances that justify waiver of the fee to ensure just and fair treatment of the person who owes the fee. The responsible assistant commissioner shall make any necessary determination under this paragraph, regarding whether waiver is necessary to ensure just and fair treatment of the person who owes the fee. (D) Other Fees. Unless waiver is prohibited by another controlling law, other fees may be waived for any reason which, in the judgment of the responsible assistant commissioner, involves extraordinary circumstances that justify waiver of the fee to ensure just and fair treatment of the person who owes the fee. The responsible assistant commissioner shall make any necessary determination under this paragraph, regarding whether waiver is necessary to ensure just and fair treatment of the person who owes the fee. (d) Procedure to request a waiver of a fee. (1) A separate request for waiver of a fee or fees must be filed for each period for which the fee or fees are due. (2) To qualify for a fee waiver, the person owing the fee or that person's authorized representative or agent must file with the department a written request, that the fee be waived, by the deadline specified in subsection (e) of this section. (A) The request must be signed by the person or the person's authorized representative or agent, which may be the person's supervisor, manager, responsible executive officer, or other legal representative. (B) A request from a governmental entity must be filed on the letterhead of the governmental entity. Cont'd...

SUBCHAPTER H TEXAS CRIME STOPPERS PROGRAM ***RULE §3.9005 Decertification***

(a) During the two-year certification period, the Council shall decertify a crime stoppers organization if it determines that the organization no longer meets the certification requirements described in §3.9000(b) of this chapter, which may result from a violation of state law, federal law, or Subchapter H of this chapter. (b) If a crime stoppers organization is decertified by the Council, the organization is not eligible to receive repayments of rewards under Articles 37.073 and 42.152 of the Texas Code of Criminal Procedure, or payments from a defendant under Chapter 42A of the Texas Code of Criminal Procedure. (c) The Council, or the Chairman of the Council, shall send written notification to the crime stoppers organization no later than 45 calendar days prior to the meeting at which the Council will consider the decertification of the organization. The written notification shall include the following: (1) Reasons why the organization may no longer meet the certification requirements described in §3.9000(b) of this chapter; and (2) The date, time, and location of the meeting at which the Council will consider the decertification of the organization. (d) The crime stoppers organization shall submit a written response, which shall include an explanation and specific reasons why the organization believes that it should not be decertified. The written response must be received by the director of the Council at least 10 calendar days prior to the meeting at which the Council will consider the decertification of the organization. (e) The Council shall render a decision regarding the decertification of the crime stoppers organization and shall notify the organization in writing of its decision. (f) If a crime stoppers organization is decertified, the director of the Council shall notify the state comptroller, and the relevant courts, county auditors and community supervision and corrections departments in the organization's region, that the organization is decertified and is not eligible to receive repayments of rewards under Articles 37.073 and 42.152 of the Texas Code of Criminal Procedure, or payments from a defendant under Chapter 42A of the Texas Code of Criminal Procedure. (g) Not later than the 60th day after the date of decertification of the organization, the decertified organization shall forward all unexpended money received pursuant to §414.010 of the Texas Government Code to the state comptroller. (h) The director of the Council may determine that a certified crime stoppers organization is at risk of no longer meeting the certification requirements or duties described in §3.9000 of this chapter. If the director of the Council makes such a determination, the director of the Council may create a corrective action plan to assist the organization in meeting those requirements or duties, including specifying the actions necessary to meet those requirements or duties and the time the organization has to complete them. If the organization no longer meets the certification requirements or duties described in §3.9000 of this chapter, the director of the Council must notify the Council. Source Note: The provisions of this §3.9005 adopted to be effective August 26, 2003, 28 TexReg 6805; amended to be effective June 9, 2004, 29 TexReg 5591; amended to be effective July 11, 2010, 35 TexReg 5803; amended to be effective June 12, 2011, 36 TexReg 3407; amended to be effective March 26, 2020, 45 TexReg 1975

SUBCHAPTER ALICENSING ***RULE §203.11 Establishment Names and Advertising***

(a) Each application for licensure shall contain the name to be used on the license. (b) Upon receiving an application for a new establishment license, the Commission shall review establishment names in its database. The Commission shall issue the license in the requested name when all licensing requirements are satisfied, unless the Commission determines that the name is deceptively or substantially similar to the name of another licensed establishment in the same county, metropolitan area, municipality, or service area. In these instances, the Executive Director shall deny a license for a name that is deceptively or substantially similar to the name of another establishment, unless that establishment agrees in writing to the name's use. (c) An establishment's licensed name may be changed by following the procedure outlined in §203.9 of this title (relating to Licensure of Funeral Establishments and Commercial Embalming Establishments) and by satisfying the requirements of subsection (b) of this section. (d) An applicant for approval of a new or changed name may appeal the Executive Director's denial of the request to the Commissioners. The Commissioners' decision is final. (e) All advertising on a website controlled by an entity licensed by the Commission must operate as follows: (1) The licensed name of the entity, or a registered trademark or registered trade name belonging to the licensed entity and the establishment's license number must appear on the contact information page. (2) Irrespective of the name on the website, provisions must be made on the website so that an individual who wishes to enter into a funeral-related transaction must not be able to complete such a transaction without openly and apparently dealing with the licensed entity under the licensed name as reflected in the records of the Commission. (3) All locations advertised shall be licensed by the Commission. (f) No funeral establishment, commercial embalming establishment, or crematory shall advertise in a manner which is false, misleading, or deceptive. (g) A cremation society's website and any advertising shall be linked with a licensed funeral establishment or licensed crematory establishment. The licensed funeral establishment and its location shall be provided on the website or advertising. Source Note: The provisions of this §203.11 adopted to be effective October 18, 2015, 40 TexReg 7065; amended to be effective October 3, 2019, 44 TexReg 5625

SUBCHAPTER E ADVISORY COMMITTEES ***RULE §1.201 Citrus Budwood Advisory Council***

(a) Purpose. The Citrus Budwood Advisory Committee is created pursuant to the Texas Agriculture Code, §19.005. (b) Duties. The Council advises the department in setting standares for foundation groves, citrus budwood certification, designation of groves and inspection standards. The Council also advises the department in the adoption of rules to administer the citrus budwood certification program. (c) Duration. The Citrus Budwood Advisory Council is abolished on September 1, 2007, unless continued under the Texas Sunset Act, Texas Government Code, Chapter 325. Source Note: The provisions of this §1.201 adopted to be effective August 30, 2000, 25 TexReg 8375

SUBCHAPTER E ADMINISTERING GRANTS ***RULE §3.2501 Grant Officials***

(a) Each grant must have a project director, financial officer, and authorized official. No person shall serve in more than one capacity. (b) Each grant official must have an e-mail address and access to the Internet. (c) A grantee shall notify CJD within 20 calendar days of any change in the designated project director, financial officer, or authorized official; any change in the mailing address, e-mail address, fax number, or telephone number of each grant official and any change in the grantee's physical address. Source Note: The provisions of this §3.2501 adopted to be effective February 24, 2000, 25 TexReg 1297; amended to be effective July 16, 2000, 25 TexReg 6485; amended to be effective September 9, 2001, 26 TexReg 6645; amended to be effective December 16, 2002, 27 TexReg 11729; amended to be effective October 13, 2003, 28 TexReg 8873; amended to be effective June 9, 2004, 29 TexReg 5575; amended to be effective February 17, 2005, 30 TexReg 661; amended to be effective August 6, 2007, 32 TexReg 4747; amended to be effective June 21, 2009, 34 TexReg 3925; amended to be effective May 9, 2012, 37 TexReg 3389

SUBCHAPTER E ADMINISTERING GRANTS ***RULE §3.2507 Financial Status Reports***

(a) Each grantee must submit financial status reports to CJD. CJD will provide the appropriate forms and instructions for the reports along with deadlines for their submission. (b) A financial status report reflecting cumulative expenditures from the start of the grant may be submitted as often as monthly but must be submitted at least quarterly. Grantees may only request an advance payment during the first month of the grant period to cover the first month's expenses. (c) Grantees must ensure that CJD receives their final financial status report no later than the liquidation date or funds will lapse and revert to the grantor agency. If grant funds are on hold for any reason, these funds will lapse on the liquidation date and the grantee cannot recover them. CJD will not make payments to grantees that submit their final financial status report after the liquidation date. Source Note: The provisions of this §3.2507 adopted to be effective February 24, 2000, 25 TexReg 1297; amended to be effective September 9, 2001, 26 TexReg 6645; amended to be effective December 16, 2002, 27 TexReg 11729; amended to be effective October 13, 2003, 28 TexReg 8873; amended to be effective June 9, 2004, 29 TexReg 5575; amended to be effective August 6, 2007, 32 TexReg 4747; amended to be effective June 21, 2009, 34 TexReg 3925; amended to be effective January 1, 2015, 39 TexReg 10393

SUBCHAPTER E ADMINISTERING GRANTS ***RULE §3.2527 Grantee Reports***

(a) Each grantee must submit reports regarding grant information, performance, and progress. To remain eligible for funding, the grantee must be able to show the scope of services provided and the impact and quality of those services. (b) CJD may place projects on financial hold for failure to submit complete and accurate progress reports. A grantee's history of delinquent or inaccurate reports may affect future funding decisions. Source Note: The provisions of this §3.2527 adopted to be effective February 24, 2000, 25 TexReg 1297; amended to be effective December 16, 2002, 27 TexReg 11729; amended to be effective February 17, 2005, 30 TexReg 661; amended to be effective June 21, 2009, 34 TexReg 3925

SUBCHAPTER B DUTIES OF A FUNERAL ESTABLISHMENT/LICENSEE RULE §203.22 Funeral Director in Charge

(a) Each licensed funeral establishment must at all times have a designated Funeral Director in Charge, who is ultimately responsible for compliance with all mortuary, health, and vital statistics laws in the funeral establishment. A funeral establishment must designate a Funeral Director in Charge at the time it receives its establishment license, and any time the Funeral Director in Charge changes the funeral establishment must notify the Commission, on a form prescribed by the Commission, within 15 days. (b) The Funeral Director in Charge must be generally available in the routine functions of the funeral establishment in order to personally carry out his or her responsibilities. (c) The Funeral Director in Charge may be served with administrative process when violations are alleged to have been committed in a funeral establishment. (d) An individual may not be designated as the Funeral Director and/or an Embalmer in Charge of more than one establishment unless the additional establishments are under the same ownership and no establishment is more than 100 miles from any other establishment held under the same ownership conditions. (e) In order to be designated Funeral Director in Charge of more than one establishment, the licensee must submit a petition to the Commission that clearly explains how each of the criteria in subsection (d) of this section has been met. The Executive Director shall decide whether to grant the petition. The request and decision will be made part of the permanent licensing file. The Executive Director's decision to deny may be appealed, in writing, to the Commissioners, and the appeal will be considered at the Commission's next regularly scheduled meeting. (f) If the establishment employs a provisional licensee it is the responsibility of the Funeral Director in Charge and the provisional licensee to schedule case work sufficient for the provisional program. It is the responsibility of the Funeral Director in Charge to ensure that each provisional licensee is properly supervised while performing cases. (g) The Funeral Director in Charge shall retain the originals of all provisional license case reports with supporting documentation for two years from the completion date of the provisional program. (h) If a provisional licensee leaves the employment of a Funeral Director in Charge, the Funeral Director in Charge must file an affidavit as described in Occupations Code §651.304(d) within 15 days of employment termination. Source Note: The provisions of this §203.22 adopted to be effective October 18, 2015, 40 TexReg 7069

SUBCHAPTER A GENERAL RULES OF PRACTICE ***RULE §1.18 Administrative Law Judges***

(a) Every administrative contested case hearing on an action before the department shall be conducted by an administrative law judge. (b) The administrative law judge presiding shall have the authority to do the following: (1) set hearing dates, times, and locations; (2) convene the hearing at the date, time, and location specified in the notice for such hearing; (3) establish the jurisdiction of the department concerning the matter under consideration; (4) rule on motions and on the admissibility of evidence and amendments to pleadings; (5) designate parties and establish the order for presentation of evidence; (6) administer oaths to all persons presenting testimony; (7) examine witnesses; (8) issue subpoenas when required to compel the attendance of witnesses, or the production of papers and documents relating to the hearing; (9) commission and require the taking of depositions; (10) insure that information and testimony are introduced as conveniently and expeditiously as possible without prejudicing any rights of parties to the proceeding; (11) conduct hearings in an orderly manner in accordance with the Administrative Procedure Act and this chapter; (12) recess any hearing from time to and from place to place; and (13) exercise any other appropriate powers necessary or convenient to carry out his or her responsibilities. (c) The administrative law judge shall have the authority to coduct all or part of a hearing by telephone conference as follows. (1) Upon motion of any party, and upon notice to all other parties, the administrative law judge may order that the appearance of any party and/or the testimony of any witness shall be taken by telephone. (2) Use of telephone conference-call procedures may be granted upon motion filed not less than five days before any scheduled hearing. If the motion is filed less than five days before any scheduled hearing, it may be granted by the administrative law judge upon a showing of good cause. (3) The party utilizing this telephone conference procedure for witness testimony and/or for that party's appearance shall provide the name(s) and telephone number(s) of the person(s) from whom telephone testimony is desired. The administrative law judge may allow for the substitution of a different telephone number at the hearing, upon request and the showing of good cause by the party requesting such substitution. In advance of the hearing, that party shall also provide the witness(es) and other parties with true and correct copies of any exhibits to be offered by that party or that party's witness(es) or from which question(s) will be elicited. (4) The rules and procedures governing hearings in general shall govern telephone hearings. (5) The party using the telephone conference procedure shall bear the costs of the conference call incurred for presenting that party's witnesses and/or case. (d) In the case of a party's failure to comply with a subpoena or commission to take deposition issued by the administrative law judge, the agency or the party requesting the subpoena or commission may seek enforcement thereof pursuant to the Act, §2001.201. (e) Upon finding that a party has failed to comply with an administrative law judge's order or that a party has abused orders compelling discovery entered pursuant to the Act or these rules, the administrative law judge may impose sanctions for such noncompliance or abuse in making, seeking, or resisting discovery. Sanctions may include, but are not limited to, the following: (1) recessing or continuing the hearing; (2) denying the noncompliant person the right to participate in the hearing for a period of time or prescribing conditions for the person's participation; (3) disallowing any further discovery of a particular kind or of any kind by the noncompliant party (except for discovery, if any, authorized by law over which the administrative law judge has no discretion); (4) disallowing, in part or whole, the noncompliant party's presentation of evidence or examination of witnesses on issues that were the subject of the discovery request; (5) ruling that particular facts shall be regarded as established for the purposes of the proceeding in accordance with the claim of the party that obtained the discovery ruling or other relevant order; (6) disallowing written or documentary evidence to be presented that was not exchanged by a deadline for exchange of such evidence pursuant to §1.15 of this title (relating to Prehearing Conference); (7) disallowing the testimony of witnesses who were not listed by a deadline established for listing potential witnesses pursuant to §1.15 of this title (relating to Prehearing Conference); (8) dismissing the case without prejudice; and (9) assessing costs against the noncompliant party as provided in the TCRP. (f) If an administrative law judge fails to complete an assigned case before a final order is rendered, for cases heard for the department by SOAH, SOAH, or for cases heard by the department, the Deputy General Counsel, may appoint a substitute administrative law judge on the hearings staff to complete the assigned case without the necessity of duplicating any duty or function performed by the previous administrative law judge. The substitute judge shall review the existing record and need not repeat previous proceedings, but may conduct future proceedings as are necessary and proper to conclude the hearing and render a proposal for decision. Source Note: The provisions of this §1.18 adopted to be effective January 18, 1991, 16 TexReg 113; amended to be effective August 3, 1993, 18 TexReg 4747; amended to be effective August 23, 1996, 21 TexReg 7656.

SUBCHAPTER A GENERAL RULES OF PRACTICE ***RULE §1.21 Conduct and Decorum***

(a) Every party, witness, attorney, or other representative shall comport himself in all department proceedings with dignity, courtesy, and respect for the department, the administrative law judge, and all other parties and participants. Attorneys shall observe and practice the standards of ethical behavior prescribed for the profession by the Code of Professional Responsibility. (b) Upon violation of subsection (a) of this section, any party, witness, attorney, or other representative may be excluded by the administrative law judge from any hearing for such period and upon such conditions as are just, or may be subject to such other just, reasonable, and lawful disciplinary action as the administrative law judge may prescribe. Source Note: The provisions of this §1.21 adopted to be effective January 18, 1991, 16 TexReg 113; amended to be effective August 3, 1993, 18 TexReg 4747.

SUBCHAPTER D MISCELLANEOUS PROVISIONS ***RULE §1.91 Vehicle Fleet Management***

(a) Except as provided by subsection (b) of this section, state-owned vehicles under the department's control shall be assigned to the department's motor vehicle pool and made available for use as needed. (b) If a state-owned vehicle under the department's control is assigned to an individual employee on a regular basis, then the head of the department's Support Services Department, or his or her designee, must document in writing that the assignment and use of the vehicle is critical to the department's needs and mission. The written documentation must be maintained by the Support Services Department. Source Note: The provisions of this §1.91 adopted to be effective July 4, 2001, 26 TexReg 4866

SUBCHAPTER B CONSOLIDATED LICENSES ***RULE §2.12 Fees***

(a) Except as provided by subsection (b) of this section, the fee for a consolidated license equals the sum of the fees for each component license encompassed by the consolidated license. (b) The department may adjust the fee for a consolidated license to reflect the economic efficiency gained by the department through the operation of a consolidated license program. Source Note: The provisions of this §2.12 adopted to be effective April 23, 1998, 23 TexReg 3821.

SUBCHAPTER J AGRICULTURAL LIEN DISPUTES ***RULE §1.608 Fees***

(a) Fees for reasonable costs incurred by the department in conducting settlement conferences under this subchapter shall be apportioned equally among parties to the conference. (b) Fees may include: (1) the costs of securing a venue suitable to facilitate the resolution of the dispute; (2) administrative costs for supplies such as paper and copying charges. Costs of copies shall be in the same amount as charged by the department for copies of public information, as specified in §1.402 of this title (relating to Charges for Providing Copies of Public Information); (3) costs associated with the department facilitator's having to travel to the venue, including but not limited to, mileage, fuel, car rental, airline tickets, and a maximum per diem of $85 ($55 for lodging and $25 for food). Mileage shall be charged in the same amount as allowed for state employees traveling on state business; and (4) any other reasonable charge incurred by the department in resolving the dispute between the parties. Source Note: The provisions of this §1.608 adopted to be effective September 22, 1997, 22 TexReg 9242.

SUBCHAPTER B DUTIES OF A FUNERAL ESTABLISHMENT/LICENSEE ***RULE §203.21 First Call Definition***

(a) First Call is the beginning of the relationship between the consumer and the licensed funeral director acting on behalf of a licensed funeral establishment to prepare the body for burial or other disposition. The relationship is initiated by a family member or the person responsible for making arrangements for final disposition. (b) Transportation of a body sent to a morgue, or a funeral establishment for identification or autopsy at the request of a Justice of the Peace, Medical Examiner, or other official under Code of Criminal Procedure Chapter 49 does not constitute a First Call. Any expenses or items used specifically for the transportation of a body under this subsection are not items of choice for the consumer, including storage, and therefore are not the responsibility of the consumer to pay. (c) Licensed commercial embalming establishments are prohibited from authorizing first calls or dealing directly with the public for services or merchandise. Any removal of a deceased human body by a commercial embalming establishment must be initiated by a licensed funeral establishment prior to the removal. The commercial embalming facility must notate the name of the funeral establishment authorizing the removal on the release form. (d) Transportation of a body does not constitute a first call if the removal is done at the request of a health care facility or employee. However, if a family member or the person responsible for making arrangements for final disposition is present the provisions of Occupations Code §651.401 prevail. Source Note: The provisions of this §203.21 adopted to be effective October 18, 2015, 40 TexReg 7069

SUBCHAPTER ALICENSING ***RULE §203.6 Provisional License Case and Reporting Requirements***

(a) Forty five (45) cases are required for the provisional funeral director license program, at least 10 of which must be complete cases. A complete funeral directing case consists of all major actions from the time of first call through interment or other disposition of the body. (b) Forty five (45) cases are required for the provisional embalmer license program, at least 10 of which must be complete cases. A complete embalming requires the provisional embalmer to handle all major actions included in §203.32 of this title performed on a particular body. (c) It is the responsibility of the Funeral Director in Charge or the Embalmer in Charge, whichever is applicable, and the provisional licensee to schedule case work sufficient to fulfill the requirements of the provisional program. (d) Each case on a case report form shall be certified by the licensee under whom the provisional licensee performed the work. Both the supervising licensee and the provisional licensee are subject to disciplinary action if the information submitted to the Commission is not true and accurate. (e) The provisional licensee must file with the Funeral Director in Charge or the Embalmer in Charge, whichever is applicable, a report outlining the number of cases performed and the name of the funeral director or embalmer under whom the cases were supervised. If a provisional licensee adds/moves to a new funeral establishment or commercial embalming facility, a separate case report form must be started. If a Funeral Director in Charge or the Embalmer in Charge changes, a separate case report form must be started. All signed case report forms accumulated during the provisional period may be used to verify the total number of cases performed. (f) Provisional licensees shall retain copies of all case report forms with supporting documentation for two years from the completion date of the provisional program. (g) Of the 45 required cases, a provisional license holder may include up to 10 cases performed at an accredited mortuary college whether or not the person held a provisional license at the time the cases were performed and if the college certifies to the Commission that the cases were successfully completed. (h) Case Reporting for Military Provisional Licensees (1) This subsection applies to an applicant who is military service member or military veteran as defined by Occupations Code Chapter 55 and does not have an unacceptable criminal history as defined by §203.16(h) of this title. (2) The Commission shall credit verified military service or training of the applicant described under paragraph (1) of this subsection toward the requirements outlined under this section. (3) A Joint Services Transcript, or comparable document issued by the United States military, is required to verify military training or education. Source Note: The provisions of this §203.6 adopted to be effective October 18, 2015, 40 TexReg 7065

DIVISION 1 APPEAL PROCEDURES FOR THE CHILD AND ADULT CARE FOOD PROGRAM (CACFP) ***RULE §1.1004 Appeals for Day Care Homes***

(a) General. When a sponsoring organization proposes to terminate its Program agreement with a day care home for cause, the day care home shall be provided an opportunity for an appeal of the proposed termination by requesting the sponsoring organization to offer an appeal. The sponsoring organization shall develop procedures for offering and providing these appeals. These procedures shall be consistent with this section and provided to each day care home when: (1) the day care home enrolls in the Program, and (2) the sponsoring organization takes an adverse action against the day care home provider. (b) Actions subject to appeal. The sponsoring organization shall offer an appeal to a day care home that appeals a notice of intent to terminate their agreement for cause, a suspension of their participation, or for any other matter where TDA determines a review is necessary to provide due process to a day care home and requires such an appeal in program policy. (c) Procedures. The following procedures shall apply when a day care home requests an appeal of any action described in subsection (b) of this section. (1) Uniformity. The same procedures shall apply to all day care homes. (2) Representation. The day care home may retain legal counsel, or may be represented by another person. (3) Review of record and opposition. The day care home may review the record on which the decision was based and refute the action in writing. (4) Hearing. A hearing is not required. (5) Review official. The review official shall be independent and impartial. Although the review official may be an employee or board member of the sponsoring organization, he/she shall not have been involved in the action that is the subject of the appeal or have a direct personal or financial interest in the outcome of the appeal. (6) Basis for decision. The review official shall make a determination based on the information provided by the sponsoring organization and the day care home and on federal and state laws, regulations, polices, and procedures governing the Program. (7) Time for issuing a decision. The review official shall inform the sponsoring organization and the day care home of the appeal's outcome within sixty (60) days of the receipt of the request for an appeal. This timeframe is an administrative requirement for the sponsoring organization and may not be used as a basis for overturning the termination if a decision is not made within the specified timeframe. (8) Final decision. The determination made by the review official is the final administrative determination to be afforded the day care home. Source Note: The provisions of this §1.1004 adopted to be effective March 1, 2009, 34 TexReg 1227; amended to be effective December 5, 2013, 38 TexReg 8642

SUBCHAPTER B GRANT BUDGET REQUIREMENTS ***RULE §3.79 Travel and Training***

(a) Grant funds used for travel expenses must be limited to the grantee agency's established mileage, per diem, and lodging policies. If a grantee does not have established mileage, per diem, and lodging policies, then the grantee must use state travel guidelines. (b) Grantees must maintain records that properly document the completion of all grant-funded training courses. Source Note: The provisions of this §3.79 adopted to be effective February 24, 2000, 25 TexReg 1297; amended to be effective July 16, 2000, 25 TexReg 6485; amended to be effective September 9, 2001, 26 TexReg 6645; amended to be effective December 16, 2002, 27 TexReg 11729; amended to be effective October 13, 2003, 28 TexReg 8873; amended to be effective June 9, 2004, 29 TexReg 5575; amended to be effective February 17, 2005, 30 TexReg 661; amended to be effective June 22, 2006, 31 TexReg 4855; amended to be effective June 21, 2009, 34 TexReg 3925

SUBCHAPTER F PROGRAM MONITORING AND AUDITS ***RULE §3.2603 Audits Not Performed by CJD or COD***

(a) Grantees must have audits performed in accordance with the requirements set forth in 2 CFR Part 200, Subpart F-Audit Requirements and the State Single Audit requirements issued under UGMS. (b) Grantees must submit to COD copies of the results of any single audit conducted in accordance with 2 CFR Part 200, Subpart F-Audit Requirements or in accordance with the State Single Audit requirements issued under UGMS. Grantees must ensure that single audit results, including the grantee's response and corrective action plan, if applicable, are submitted to COD within 30 calendar days after the grantee receives the audit results or nine months after the end of the audit period, whichever is earlier. (c) All other audits performed by auditors independent of CJD or COD must be maintained at the grantee's administrative offices and be made available upon request by CJD or COD. Grantees must notify CJD of any audit results that may adversely impact grant funds. Source Note: The provisions of this §3.2603 adopted to be effective February 24, 2000, 25 TexReg 1297; amended to be effective December 16, 2002, 27 TexReg 11729; amended to be effective October 13, 2003, 28 TexReg 8873; amended to be effective June 9, 2004, 29 TexReg 5575; amended to be effective June 21, 2009, 34 TexReg 3925; amended to be effective May 9, 2012, 37 TexReg 3389; amended to be effective January 1, 2015, 39 TexReg 10393

SUBCHAPTER E ADMINISTERING GRANTS ***RULE §3.2505 Retention of Records***

(a) Grantees must maintain all financial records, supporting documents, statistical records, and all other records pertinent to the award for at least three years following the closure of the most recent audit report or submission of the final financial status report if the audit report requirement has been waived. Grantees may retain records in an electronic format. All records are subject to audit or monitoring during the entire retention period. (b) Grantees must retain records for equipment, non-expendable personal property, and real property for a period of three years from the date of the item's disposition, replacement, or transfer. (c) If any litigation, claim, or audit is started before the expiration of the three-year records retention period, the grantee must retain the records under review until the completion of the action and resolution of all issues which arise from it or until the end of the regular three-year period, whichever is later. Source Note: The provisions of this §3.2505 adopted to be effective February 24, 2000, 25 TexReg 1297; amended to be effective December 16, 2002, 27 TexReg 11729; amended to be effective June 21, 2009, 34 TexReg 3925

SUBCHAPTER E ADMINISTERING GRANTS ***RULE §3.2525 Evaluating Project Effectiveness***

(a) Grantees must regularly evaluate their projects. CJD will monitor the grantee through progress reports, on-site visits, and desk reviews. Grantees must maintain information related to project evaluations in the project's files, and that information must be available for review. (b) Grantees are responsible for managing the day-to-day operations of grant and sub-grant supported activities, including those of their contractors and subcontractors. Grantees must develop and maintain a standardized monitoring program incorporating best practices. Source Note: The provisions of this §3.2525 adopted to be effective February 24, 2000, 25 TexReg 1297; amended to be effective December 16, 2002, 27 TexReg 11729; amended to be effective June 9, 2004, 29 TexReg 5575; amended to be effective August 6, 2007, 32 TexReg 4747; amended to be effective June 21, 2009, 34 TexReg 3925

SUBCHAPTER O HOME-DELIVERED MEAL GRANT PROGRAM ***RULE §1.961 Recordkeeping and Record Retention***

(a) Grantees shall maintain documentation as required by the Department to verify that individuals who receive meals paid for or delivered in part with grant funds received under this subchapter each qualify as a Homebound Elderly person or Homebound person with a Disability. Such documentation may be records already maintained by eligible organizations that receive federal or state funding, or other documentation maintained in accordance with Program guidelines as may be established by the Department. (b) Grantees shall submit reports and documentation as required by the Department to verify that expenditures made are directly related to supplementing and extending existing home-delivered meal services to Homebound Elderly persons and Homebound persons with a Disability, including documentation of the eligibility of persons receiving Home-delivered meals. (c) Grantee shall retain all financial records, supporting documents, statistical records, and all other records relating to any grant funds received pursuant to this subchapter and expenditures of funds in conformity with federal and state regulations and generally accepted accounting principles. (d) Records described in this section shall be maintained for the retention period in accordance with the records retention schedule established by the Department and approved by the Texas State Library and Archive Commission. (e) All of the records described in subsections (a) and (b) of this section shall be maintained indefinitely if audit findings or other disputes or litigation have not been resolved. Grantees with multiple locations may maintain all records at a designated central location (i.e., administrative headquarters) for purposes of this section. Source Note: The provisions of this §1.961 adopted to be effective September 11, 2007, 32 TexReg 6127

SUBCHAPTER H TEXAS CRIME STOPPERS PROGRAM ***RULE §3.9007 Closing of Business***

(a) If a crime stoppers organization chooses to no longer operate or to dissolve during its two-year certification period or if the organization chooses to not apply for renewal of its certification, the organization shall send written notification to the Council. (b) The written notification will effectively decertify the organization. The date of the notification will serve as the date of decertification. (c) The closed or dissolved organization is not eligible to receive repayments of rewards under Articles 37.073 and 42.152 of the Texas Code of Criminal Procedure, or payments from a defendant under Chapter 42A of the Texas Code of Criminal Procedure. (d) Upon receipt of this notification and effective decertification, the director of the Council shall notify the state comptroller, and the relevant courts, county auditors and community supervision and corrections departments in the organization's region, that the organization is decertified and is not eligible to receive repayments of rewards under Articles 37.073 and 42.152 of the Texas Code of Criminal Procedure, or payments from a defendant under Chapter 42A of the Texas Code of Criminal Procedure. (e) Not later than the 60th day after the date of dissolution or decertification of the organization, the dissolved or decertified organization shall forward all unexpended money received pursuant to §414.010 of the Texas Government Code to the state comptroller. Source Note: The provisions of this §3.9007 adopted to be effective February 22, 2007, 32 TexReg 613; amended to be effective July 11, 2010, 35 TexReg 5803; amended to be effective June 12, 2011, 36 TexReg 3407; amended to be effective March 26, 2020, 45 TexReg 1975

SUBCHAPTER H TEXAS CRIME STOPPERS PROGRAM ***RULE §3.9021 Addition of Geographic Territories or Jurisdictions to Certified Organizations***

(a) If a geographic territory or jurisdiction wants to join an existing certified crime stoppers organization, the organization must apply for continuing certification, and the following procedures must be followed: (1) The geographic territory or jurisdiction seeking to join the organization must share contiguous borders with the certified crime stoppers organization; (2) The certified crime stoppers organization and the geographical entity that is requesting to join the crime stoppers organization must choose a new name for the organization unless both parties agree to operate under the name of the existing organization; (3) The certified crime stoppers organization must file the following documents with the director of the Council requesting certification under a new name (if applicable) and with an expanded geographic territory or jurisdiction: (A) United States Internal Revenue Service (IRS) letter for a 501(c)(3) corporation authorizing the organization to operate under a new name, if applicable; (B) Texas Secretary of State letter for a 501(c)(3) corporation authorizing the organization to operate under a new name (if applicable); (C) Application for Continuing Certification under the new name (if applicable) and with an expanded geographic territory or jurisdiction; (D) Copy of board of directors membership list for the organization, to include contact information for board members, the law enforcement coordinator, and executive director (if applicable); (E) The dates and locations that at least one board member (if applicable), the law enforcement coordinator, and an executive director (if applicable) received training as authorized by the Council within the 24-month period preceding the new Application for Continuing Certification; (F) Copy of the minutes of the board of directors meeting of the certified crime stoppers organization in which the board voted to add the new geographical entity to the territory or jurisdiction served by the crime stoppers organization; (G) Written documentation from a law enforcement agency serving the geographic territory or jurisdiction showing an interest in joining an existing crime stoppers organization; and (H) Additional information specified by a vote of the Council for inclusion in the application for continued certification that is necessary for the Council to make the determination for certification required by §414.011(a) of the Texas Government Code or to fulfill its duties under §414.005 of the Texas Government Code. The director of the Council may request further information needed to clarify a question raised in the examination of the materials submitted as part of the application. (4) If the director of the Council determines that the newly expanded organization meets all requirements listed in paragraphs (1) - (3) of this subsection, the expanded organization will be presented to the Council for determination as to whether the expanded organization meets the requirements for certification at the Council's next regularly scheduled meeting. (5) Once the Council grants certification, the organization will be eligible to apply to the CSCDs in the newly acquired geographic territory or jurisdiction to receive court fees under the provisions of Articles 37.073 and 42.152 and Chapter 42A, Texas Code of Criminal Procedure. (6) The certification is valid for a period of two years. (b) If a certified or non-certified organization serves the geographic area to which a certified organization is attempting to expand, the expanding organization must send written notice to the Council and to the organization serving the geographic area to which it intends to expand of its intent to serve that area. Source Note: The provisions of this §3.9021 adopted to be effective June 21, 2009, 34 TexReg 3929; amended to be effective July 11, 2010, 35 TexReg 5803; amended to be effective June 12, 2011, 36 TexReg 3407; amended to be effective March 26, 2020, 45 TexReg 1975

SUBCHAPTER E ADMINISTERING GRANTS ***RULE §3.2519 Grant Reduction or Termination***

(a) If a grantee wishes to terminate any approved grant, it must notify CJD immediately. (b) CJD may reduce or terminate any grant when: (1) a grantee fails to comply with any term or condition of the grant or the grantee has failed to comply with any applicable statute, rule, regulation, or guideline; (2) the grantee and CJD agree to do so; (3) state or federal funds are no longer available to CJD; (4) conditions exist that make it unlikely that grant objectives will be accomplished; or (5) the grantee has acted in bad faith. (c) In the event that a grant is reduced or terminated by CJD, CJD will notify the grantee in writing. Source Note: The provisions of this §3.2519 adopted to be effective February 24, 2000, 25 TexReg 1297; amended to be effective December 5, 2001, 26 TexReg 9776; amended to be effective December 16, 2002, 27 TexReg 11729; amended to be effective October 13, 2003, 28 TexReg 8873; amended to be effective February 17, 2005, 30 TexReg 661; amended to be effective August 6, 2007, 32 TexReg 4747; amended to be effective June 21, 2009, 34 TexReg 3925

SUBCHAPTER A GENERAL RULES OF PRACTICE ***RULE §1.30 Default Provisions***

(a) If a respondent in an action before the department fails to appear in person or by legal representative on the day and at the time set for hearing, the administrative law judge, upon motion by the department's representative, shall enter a default judgment in the matter adverse to the respondent who has failed to attend the hearing. For purposes of this section, default judgment shall mean the issuance of a proposal for decision against the respondent in which the allegations against the respondent in the notice of hearing are deemed admitted as true without any requirement for additional proof to be submitted by the Complainant. (b) Any default judgment granted under this section will be entered on the basis of the allegations contained in the notice of hearing and upon the proof of proper notice to the defaulting party opponent. For the purposes of this section, proper notice means notice sufficient to meet the provisions of the Texas Government Code, §§2001.051, 2001.052, and 2001.054, and this section; such notice also shall include the following language in capital letters in at least 12-point boldface type: FAILURE TO APPEAR AT THE HEARING WILL RESULT IN THE ALLEGATIONS AGAINST YOU AS CONTAINED IN THIS NOTICE BEING ADMITTED AS TRUE, REGARDLESS WHETHER ADDITIONAL PROOF IS SUBMITTED. Source Note: The provisions of this §1.30 adopted to be effective August 23, 1996, 21 TexReg 7656; amended to be effective June 29, 2008, 33 TexReg 4866

SUBCHAPTER B DUTIES OF A FUNERAL ESTABLISHMENT/LICENSEE ***RULE §203.33 Required Documentation for Embalming***

(a) If permission to embalm is oral, the funeral establishment must maintain for two years written documentation of the name of the person authorizing embalming, that person's relationship to the deceased, and the time permission was obtained. (b) When oral or written permission to embalm cannot be obtained from the person authorized to make funeral arrangements, the funeral establishment must maintain for two years written documentation of the efforts taken as mandated by Occupations Code §651.457 to obtain permission to embalm. (c) In cases where a Medical Examiner or Justice of the Peace has given permission to a funeral establishment to take custody of a body, the receiving funeral establishment may not embalm the body until the person responsible for making arrangements for final disposition has given permission. Nothing in this subsection shall be construed as allowing a funeral establishment to initiate contact with the person authorized to make funeral arrangements. (d) Authorization to Embalm Form. (1) If embalming is performed, the Commission promulgated Authorization to Embalm Form must be signed by a family member or the person responsible for making arrangements for final disposition when written authorization is secured. (2) The Commission's Authorization to Embalm Form may not be altered and must be used in its adopted form. A copy of this form may be obtained from the Commission and may be reproduced by a licensed funeral establishment. (e) If a mortuary student who is not a provisional licensee is to assist the licensed embalmer, the authorization pursuant to Occupations Code §651.407 must be in the possession of the funeral establishment and/or embalmer at the time of the embalming. A copy of the mortuary student authorization shall be retained according to Occupations Code §651.407. (f) Nothing in this rule diminishes the requirement of the establishment to abide by the Federal Trade Commission funeral rule regarding embalming disclosures. In the event of a conflict between this rule and the Federal Trade Commission funeral rule, the Federal Trade Commission funeral rule prevails. Source Note: The provisions of this §203.33 adopted to be effective October 18, 2015, 40 TexReg 7069; amended to be effective October 3, 2019, 44 TexReg 5625

SUBCHAPTER BGRANT BUDGET REQUIREMENTS ***RULE §3.85 Indirect Costs***

(a) If the applicant has an approved federally recognized indirect cost rate negotiated between the applicant and the Federal government and wishes to charge indirect costs to the grant, the applicant shall identify the indirect cost rate and provide supporting documentation as part of the application to CJD. (b) If the applicant has an approved indirect cost rate negotiated between the applicant and its state cognizant agency and wishes to charge indirect costs to the grant, the applicant shall identify the indirect cost rate and provide supporting documentation as part of the application to CJD. (c) If no approved federal or state indirect cost rate exists, CJD may approve indirect costs in the grant project in an amount not to exceed two percent of the approved direct costs. (d) Unless otherwise specified, indirect costs are allowable under CJD grants in accordance with applicable state and federal guidelines. Source Note: The provisions of this §3.85 adopted to be effective February 24, 2000, 25 TexReg 1297; amended to be effective December 16, 2002, 27 TexReg 11729; amended to be effective October 13, 2003, 28 TexReg 8873; amended to be effective June 9, 2004, 29 TexReg 5575; amended to be effective August 6, 2007, 32 TexReg 4747; amended to be effective January 1, 2015, 39 TexReg 10393

SUBCHAPTER J AGRICULTURAL LIEN DISPUTES ***RULE §1.602 Submitting a Dispute for Settlement***

(a) If there is a dispute as to the amounts owed a lien claimant for agricultural chemicals or feed or the costs of labor associated therewith as defined under the Texas Agriculture Code, Chapters 128 and 188, an attempt at resolving the dispute may be submitted to the department prior to the filing of the notice of claim of lien with the Secretary of State's Office by the lien claimant. (b) A debtor (buyer) or lien claimant (seller) subject to this subchapter may request that the department resolve a dispute as to amounts owed a lien claimant by filing a request for setting of a settlement conference with the department's Office of General Counsel. (c) The request for setting must be filed with the department within ten days of the date that the debtor receives a notice of intent to file a claim of lien in accordance with the Texas Agriculture Code, §128.006 and §188.006, must be in writing and must include supporting documentation such as: (1) any written agreements regarding the debt in dispute; (2) invoices or other documents to establish delivery of the agricultural chemicals, agricultural feed, or provision of labor associated with the chemicals or feed; any correspondence between parties regarding the debt; (3) any notices provided the debtor regarding the debt; and (4) information to support agreed or reasonable charges for agricultural chemicals, agricultural seed or the provision of labor associated with the chemicals or feed. (d) The request for setting and supporting documentation shall be sent to: Office of General Counsel, Texas Department of Agriculture, P.O. Box 12847, Austin, Texas 78711. Requests may be submitted by fax at (512) 463-8170. (e) Copies of a request for setting shall be sent to the opposing party, by certified mail, return receipt requested, or by fax, by the requester. Source Note: The provisions of this §1.602 adopted to be effective September 22, 1997, 22 TexReg 9242.

§201.13 Executive Director

(a) The Commission shall employ an Executive Director to manage the administrative affairs of the Commission under the Commissioners' discretion. (b) The Commission may delegate the Commissioners' duties to the Executive Director. (c) In the event of the Executive Director's absence or if the Executive Director is unable to act, the Presiding Officer of the Commission may designate an Acting Executive Director to perform the Executive Director's duties. Source Note: The provisions of this §201.13 adopted to be effective October 18, 2015, 40 TexReg 7065

201.18 Agency Staff Training and Education

(a) In accordance with the State Employee Training Act, Commission staff may be permitted or required to attend training or education programs if those programs are related to the employee's duties or prospective duties, and the training materially aids effective administration of the Cemetery and Crematory Services, Funeral Directing, and Embalming Act or Commission rules and serves an important purpose. (b) The Commission's Executive Director shall be eligible to attend training and education programs, and shall determine which other employees will be permitted or required to attend training or education programs. (c) Employees who receive training or education must utilize the training or educational opportunity to prepare for technological and legal developments facing the Commission, or to increase their work capabilities or competence. (d) An employee, prior to receiving training or education for three or more months, during which the employee does not perform his or her regular duties, must enter into a written agreement with the Commission to comply with the requirements of Tex. Gov't Code §656.103(a)(1). Employees who fail or refuse to enter into such an agreement shall not be permitted to attend training or educational programs lasting three or more months. (e) The Commission shall pay the costs and expenses related to approved training or educational programs in accordance with the State Employee Training Act, the Comptroller's rules and regulations, and the Commission's own policies relating to employee reimbursement. Source Note: The provisions of this §201.18 adopted to be effective July 12, 2018, 43 TexReg 4557

SUBCHAPTER A GENERAL RULES OF PRACTICE ***RULE §1.15 Prehearing Conference***

(a) In an appropriate proceeding, to assist in the disposition of the proceeding without expense or burden to the parties or the department, the administrative law judge may in his or her discretion direct the parties, their attorneys, or representatives to appear before the administrative law judge for a conference to consider any matter which may be considered under the Texas Rules of Civil Procedure, Rule 166, using the procedures set out therein. (b) The administrative law judge, in his or her discretion, may order that the conference provided for in these rules be conducted by telephone conference call. (c) At the discretion of the administrative law judge, all or part of the prehearing conference may be recorded. (d) The administrative law judge may issue a prehearing order reciting the actions taken or to be taken with regard to any matter addressed at the prehearing conference. Any such order shall be made a part of the case record. Source Note: The provisions of this §1.15 adopted to be effective January 18, 1991, 16 TexReg 113; amended to be effective August 3, 1993, 18 TexReg 4747

SUBCHAPTER A GENERAL RULES OF PRACTICE ***RULE §1.15 Prehearing Conference***

(a) In an appropriate proceeding, to assist in the disposition of the proceeding without expense or burden to the parties or the department, the administrative law judge may in his or her discretion direct the parties, their attorneys, or representatives to appear before the administrative law judge for a conference to consider any matter which may be considered under the Texas Rules of Civil Procedure, Rule 166, using the procedures set out therein. (b) The administrative law judge, in his or her discretion, may order that the conference provided for in these rules be conducted by telephone conference call. (c) At the discretion of the administrative law judge, all or part of the prehearing conference may be recorded. (d) The administrative law judge may issue a prehearing order reciting the actions taken or to be taken with regard to any matter addressed at the prehearing conference. Any such order shall be made a part of the case record. Source Note: The provisions of this §1.15 adopted to be effective January 18, 1991, 16 TexReg 113; amended to be effective August 3, 1993, 18 TexReg 4747.

SUBCHAPTER ALICENSING ***RULE §203.9 Licensure of Funeral Establishments and Commercial Embalming Establishments***

(a) New License Applications. (1) Applications for licensure must be submitted on forms developed by the Commission. Applications shall be accompanied by applicable licensing fees, purchase agreement forms, all price lists, and embalming case report forms to be used, if applicable, which reflect the establishment's name and provide a placeholder for the establishment's license number. (2) The passage of an inspection is mandatory for a new establishment seeking its initial licensure and for previously licensed establishments that have changed physical location. (3) The license shall be issued to the establishment's owner. (4) A change of name or physical address requires the submission of a new establishment license application. (5) A new license will not be issued unless all fees have been paid. Prior to a new license being issued under paragraph (4) of this subsection, any outstanding penalties of the previous establishment must be paid unless the penalties are the subject of an administrative hearing or judicial review. (6) A license expires on the last day of the month 12 months from the date of issue. (b) Renewal Applications (1) The renewal period of a license is 12 months. (2) A late renewal fee will be assessed for an application for renewal which has been postmarked after its renewal date. (3) Establishments may be inspected upon the submission of a renewal application. (4) A renewal license will not be issued unless all fees and outstanding penalties, if any, have been paid or the Commission's records reflect that the applicant is current on a payment plan or that penalties previously assessed are the subject of an administrative hearing or judicial review. (5) The Commission may investigate any circumstances involved with the renewal of any license as provided for in Occupations Code Chapter 651. (6) A license will be cancelled if the application for renewal is not received within 90 days of the expiration date of the license. (c) A funeral establishment or commercial embalming facility may effect a change of ownership by either submitting a new license application under subsection (a) of this section or by notifying the Commission, on a form prescribed by the Commission, within 30 days. In submitting the form, the new owner must attest to the information contained on the form and must submit any documentation required by the Commission. The Commission may assess a fee to accompany the form attesting to the ownership fee. The fee may not exceed half the cost of applying for a new establishment license. (d) The Commission may refuse to issue a new license or to renew an outstanding license or may revoke an establishment's license if it determines that the license application or the change of ownership affidavit contains materially false information or that a person whose individual license to practice funeral directing or embalming is currently suspended or revoked owns the establishment or an interest in the establishment. Source Note: The provisions of this §203.9 adopted to be effective October 18, 2015, 40 TexReg 7065; amended to be effective October 6, 2016, 41 TexReg 7717; amended to be effective October 3, 2019, 44 TexReg 5625

§201.14 Introduction to Joint Memorandum of Understanding

(a) Occupations Code §651.159 mandates the Texas Department of Banking, the Texas Funeral Service Commission, and the Texas Department of Insurance to adopt by rule a Joint Memorandum of Understanding (JMOU) relating to prepaid funeral services and transactions that: (1) outlines the responsibilities of each agency in regulating these services and transactions; (2) establishes procedures to be used by each agency in referring complaints to one of the other agencies; (3) establishes procedures to be used by each agency in investigating complaints; (4) establishes procedures to be used by each agency in notifying the other agencies of a complaint or of the investigation of a complaint; (5) describes actions the agencies regard as deceptive trade practices; (6) specifies the information the agencies provide consumers and when that information is to be provided; and (7) sets the administrative penalties each agency imposes for violation. (b) Any revisions to the JMOU will be adopted by rule by each agency. (c) The JMOU entered into by the three agencies is found at §201.15 of this title. (d) Nothing in this rule or in §§201.15 - 201.16 of this title shall be construed as prohibiting any agency from taking independent disciplinary action or assessing administrative penalties under their own statute or rules. The JMOU does not limit the authority of any agency, acting in its own capacity under state or federal law, to investigate complaints that fall within that agency's statutory jurisdiction. Source Note: The provisions of this §201.14 adopted to be effective October 18, 2015, 40 TexReg 7065

SUBCHAPTER A GENERAL RULES OF PRACTICE ***RULE §1.10 Parties***

(a) Parties to proceedings before the department shall be classified as applicants, petitioners, complainants, respondents, or intervenors. Parties to a proceeding shall have the right to present a direct case, cross-examine all witnesses, file requests for information, make legal arguments, and otherwise fully participate as a party to the proceeding. (b) Regardless of errors as to the designation of parties in their pleadings, the parties shall be accorded their true status in a department proceeding. (c) Any party in interest may appear in any proceeding before the department at the administrative law judge's discretion. All appearances shall be subject to a motion to strike upon a showing that the party has no justiciable or administratively cognizable interest in the proceeding. A petition to intervene in a proceeding before the department will be denied if the inclusion of the intervenor in the proceeding would cause unjustifiable delay or substantially change the nature of the proceeding. (d) Any party may appear pro se, by a licensed attorney, or by authorized representative. (e) Any notice, order, decision, or other communication required by statute or otherwise to be directed at a party to a proceeding before the department may be served upon that party's attorney of record or authorized representative with equal effect. A party represented by more than one attorney or representative in a matter before the department may be required by the administrative law judge to designate a lead counsel or representative who shall have control in the management of the matter, but all attorneys or representatives for the party may take part in the proceeding in an orderly manner. (f) A person appearing in a representative capacity may be required to prove his authority. (g) Withdrawals of attorneys and representatives shall be governed by the provisions of the Texas Rules of Civil Procedure, Rule 10. Source Note: The provisions of this §1.10 adopted to be effective January 18, 1991, 16 TexReg 113; amended to be effective August 3, 1993, 18 TexReg 4747.

SUBCHAPTER J AGRICULTURAL LIEN DISPUTES ***RULE §1.604 Attendance; Conduct; Authority To Settle***

(a) Party representatives with authority to negotiate a settlement and all other persons necessary to negotiate a settlement must attend the settlement conference in person. (b) Parties and their representatives attending the settlement conference shall attend in good faith and make a good faith effort to settle the dispute. (c) If a party declines to attend a settlement conference, the department shall notify the requesting party of that fact and issue a closing report on the matter. Source Note: The provisions of this §1.604 adopted to be effective September 22, 1997, 22 TexReg 9242

RULESSUBCHAPTER ALICENSING ***RULE §203.17 Criminal History Evaluation Letter***

(a) Prior to submitting an application for licensure, a person may request the Commission issue a criminal history evaluation letter regarding the person's eligibility for a license if the person is enrolled or planning to enroll in an educational program that prepares a person for an initial license. (b) A person may request a criminal history evaluation letter if he or she has reason to believe the Commission may determine that he or she is ineligible for a license due to a conviction or deferred adjudication for a felony or misdemeanor offense outlined in §203.16(h) of this title. The request must state the basis for the potential ineligibility. (c) The Commissioners must consider the application for a criminal history evaluation letter at the next regularly scheduled Commission meeting if all requested information is received in a timely manner. (d) If the Commissioners determine that a ground for ineligibility does not exist, the Commission shall notify the requestor in writing of the Commission's determination of eligibility. The motion for eligibility is subject to the criminal behavior known to the Commission as of the date of the determination. Any future criminal behavior could impact the issuance of a license. (e) If the Commissioners determine that a ground for ineligibility does exist, the Commission shall notify the requestor in writing of the Commission's determination of ineligibility. (f) The Commission may charge a person requesting an evaluation under this section a fee. Fees must be in an amount sufficient to cover the cost of administering this section. (g) The Commissioners may issue a probated license to an applicant who is not ineligible under subsection (d) of this section, but has been convicted of an offense by authorizing the Executive Director to enter into an Agreed Order with the licensee. The Agreed Order shall specify the terms of the probation and the consequences of violating the Order. Once the terms of the probated license have been satisfied, the person shall be licensed as any other licensee who had not been on probation. (h) The Commission shall revoke, without hearing, a probated license if the license holder commits a new offense; commits an act or omission that causes the person's community supervision, mandatory supervision, or parole to be revoked, if applicable; or violates Occupations Code Chapter 651 or the Rules of the Commission. (i) A person who is on community supervision, mandatory supervision, or parole and who is issued a license under this section shall provide to the Commission the name and contact information of the probation or parole department to which the person reports. The Commission shall notify the probation or parole department that a license has been issued. Source Note: The provisions of this §203.17 adopted to be effective October 18, 2015, 40 TexReg 7065

SUBCHAPTER E ADVISORY COMMITTEES ***RULE §1.202 Pest Management Zone Administrative Committees***

(a) Purpose. Pest Management Zone Administrative Committees for the cotton growing areas of the state of Texas are created pursuant to Texas Agriculture Code, §74.003 (Vernon Supp. 1996) to advise the department in matters relating to cotton pest control, including the establishment of cotton destruction deadlines and enforcement of such deadlines. (b) Duties. The Pest Management Zone Administrative committees are composed of cotton producers representing each county in the zone in which cotton is produced, based on the amount of actual cotton acreage planted. The members are appointed by the commissioner after solicitation of names from recognized grower organizations in the zone. The committees meet at least twice a year, once prior to cotton stalk destruction and once mid-year before planting and report back to the department through department staff attending these meetings. The committees provide integral information on local weather and growing patterns and conditions, which ultimately aid in setting stalk destruction dates for the zone to aid in controlling cotton pest populations. The committee also encourages farmers in the counties within the pest management zones to comply with pest management laws. (c) Duration. The Pest Management Zone Administrative Committees are abolished on September 1, 2000, unless continued under the Texas Sunset Act, Texas Government Code, Chapter 325. Source Note: The provisions of this §1.202 adopted to be effective January 17, 1995, 20 TexReg 19; amended to be effective August 23, 1996, 21 TexReg 7657.

SUBCHAPTER E ADVISORY COMMITTEES ***RULE §1.204 Boll Weevil Foundation Rules Advisory Committee***

(a) Purpose. The Boll Weevil Foundation (BWF) Rules Advisory Committee is created by the Texas Agriculture Code, §74.120 (Vernon Supp. 1994), to advise the commissioner of agriculture in the development of rules to assure the protection of individuals, livestock, wildlife, and honeybee colonies on any premises located in an eradication zone established by the Texas Boll Weevil Eradication Foundation under the Texas Agriculture Code, Chapter 74, Subchapter D, as part of its eradication program. (b) Duties. The BWF Rules Advisory Committee assists the department in the drafting and review of rules promulgated by the department relating to the protection of individuals, livestock, wildlife, and honeybee colonies in areas covered by the eradication program established by the Texas Boll Weevil Eradication Program. The committee is to meet as necessary to develop and update these rules, which are set forth in Chapter 3, Subchapter B of this title (relating to Establishment of Foundation Rules, Procedures, and Methods of Treatment). These rules serve as guidelines for the Texas Boll Weevil Eradication Foundation to use in developing its own rules, procedures and methods of treatment in its eradication zones. (c) Duration. The BWF Rules Advisory Committee is subject to the Texas Sunset Act, Texas Government Code, Chapter 325, and is abolished on September 1, 2004, unless continued in existence as provided by that chapter. Source Note: The provisions of this §1.204 adopted to be effective August 23, 1996, 21 TexReg 7657.

SUBCHAPTER N FOOD AND FIBERS RESEARCH GRANT PROGRAM RULES ***RULE §1.927 Proposal Review and Selection***

(a) Upon receipt, proposals shall be categorized in accordance with §1.925 of this title (relating to Primary Research Areas). (b) The Program director shall review proposals and may appoint review panel(s) composed of technical experts to evaluate proposals. (c) Proposal evaluations shall be provided to the Council for their review prior to any award decision. (d) Final selection of grant recipients shall be made by the Council at a properly noticed open meeting. Source Note: The provisions of this §1.927 adopted to be effective April 19, 2006, 31 TexReg 3252

SUBCHAPTER E ADVISORY COMMITTEES ***RULE §1.210 Healthy Students = Healthy Families Advisory Committee***

(a) Purpose. The Healthy Students = Healthy Families Advisory Committee ("Committee") is appointed by the Commissioner of Agriculture ("Commissioner") and is established within the Texas Department of Agriculture (the "Department") to assist the Commissioner with current and future issues associated with the Texas Public School Nutrition Policy ("TPSNP"), Child Nutrition Programs ("CNP") and other nutrition issues affecting Texas children. (b) Composition; Duties. The Committee is composed of parents, food service directors, teachers, dieticians and nutritionists, school administrators, health specialists, education service centers, the medical community, physical education specialist and procurement. The Committee shall assist the Commissioner with current and future issues associated with the Texas Public School Nutrition Policy ("TPSNP") and Child Nutrition Programs ("CNP") including, but not limited to, identifying and recommending methods to develop a healthy lifestyle for Texas children and reasonable criteria to obtain these goals, methods to implement the TPSNP and CNP in a fair and balanced manner and methods to decrease childhood obesity rates and to promote wellness and physical fitness as part of the TPSNP. In addition, the Committee may evaluate the CNP and make recommendations to improve service and communication. (c) Duration. The Committee shall remain in existence as long as deemed necessary by the Commissioner. (d) Reporting. Reporting takes place through meetings held by the Committee. Through these meetings, the Commissioner and Committee discuss matters related to the Committee's business and the Committee provides oral feedback and direction. TDA staff ("Staff") prepares and maintains the minutes of each advisory committee meeting. Staff maintains a record of actions taken and distributes copies of approved minutes and other Committee documents to Committee members and the Commissioner. Source Note: The provisions of this §1.210 adopted to be effective December 20, 2007, 32 TexReg 9339

SUBCHAPTER E ADVISORY COMMITTEES ***RULE §1.208 Shrimp Marketing Assistance Program Advisory Committee***

(a) Purpose. The Shrimp Marketing Assistance Program Advisory Committee is created pursuant to the Texas Agriculture Code, §47.053, and is established in the Texas Department of Agriculture (the department) to assist to assist the commissioner in implementing the Texas Shrimp Marketing Assistance Program in promoting and marketing Texas-produced shrimp and educating the public about the Texas shrimp industry and Texas-produced shrimp. (b) Duties. The Committee is composed of representatives of commercial bay shrimp boats, commercial gulf shrimp boats, Texas shrimp aquaculture, fish retailers, fish wholesalers, higher education with expertise in food science, the seafood restaurant industry, and the public; the Committee shall advise the commissioner on adopting rules as necessary to implement the program, and the Committee shall advise the commissioner in implementing the program and in the expenditure of funds appropriated for the program. (c) Duration. The Committee shall remain in existence so long as the Shrimp Marketing Assistance Program is in existence within the department. The Committee shall meet as necessary, but not less frequently that once each calendar year. Source Note: The provisions of this §1.208 adopted to be effective June 16, 2004, 29 TexReg 5780

SUBCHAPTER E ADVISORY COMMITTEES ***RULE §1.211 The Texas Organic Agriculture Industry Advisory Board***

(a) Purpose. The Texas Organic Agriculture Industry Advisory Board (Board) is appointed by the Commissioner of Agriculture (Commissioner) pursuant to the Texas Agriculture Code, §50C.002 and is established within the Texas Department of Agriculture (the department) to assist the Commissioner in expanding, developing and promoting the Texas organic agricultural products industry. (b) Duties. The Board shall assist the Commissioner: with assessing the state of the Texas organic agricultural products industry, recommending how to promote and expand the Texas organic agricultural products industry in Texas, with obtaining grants and gifts to promote and expand the Texas organic agricultural products industry in Texas; with developing a statewide organic agricultural products education and awareness campaign; and with reviewing and providing guidance on rules on the Texas organic agricultural products industry. (c) Reporting. Reporting takes place through meetings held by the Board. Through these meetings, the Commissioner and/or department staff discusses matters related to the Board's business and the Board provides oral feedback and direction. The department staffs the Board. Department staff prepares and maintains the minutes of each advisory Board meeting. Staff maintains a record of actions taken and distributes copies of approved minutes and other Board documents to Board members and the Commissioner. Source Note: The provisions of this §1.211 adopted to be effective March 13, 2008, 33 TexReg 2019

SUBCHAPTER E ADVISORY COMMITTEES ***RULE §1.203 Texas-Israel Exchange Fund (TIE) Advisory Committee***

(a) Purpose. The Texas-Israel Exchange Fund (TIE) Advisory Committee is created by Texas Agriculture Code Annotated, §45.009. (b) Duties. The TIE Advisory Committee, as established by the department, may provide guidance and direction on activities authorized under Texas Agriculture Code, Chapter 45, and the expenditure of money to include: (1) advising the department on the selection of categories of grants to be administered by the department and advising the department on matters involving mutual assistance, trade, and business development between Texas and Israel; (2) advising on the awarding of grants, in cooperation with the corresponding Israeli board, to provide funding for projects to mutually benefit both regions; and (3) consulting with the corresponding Israeli board to efficiently address matters of mutual importance while avoiding duplication of effort. (c) Duration. The Advisory Committee shall remain in existence as long as deemed necessary by the Commissioner. (d) Reporting. Reporting takes place through meetings held by the Committee. Through these meetings, the Commissioner and/or department staff discuss matters related to the committee's business and the Committee provides oral feedback and direction. The Committee is staffed by the department. Department staff prepares and maintains the minutes of each advisory committee meeting. Staff maintains a record of actions taken and distributes copies of approved minutes and other Committee documents to Committee members and the Commissioner. Source Note: The provisions of this §1.203 adopted to be effective January 17, 1995, 20 TexReg 19; amended to be effective August 23, 1996, 21 TexReg 7657; amended to be effective September 1, 2009, 34 TexReg 5666

SUBCHAPTER E ADVISORY COMMITTEES ***RULE §1.209 Wine Industry Development and Marketing Advisory Committee***

(a) Purpose. The Wine Industry Development and Marketing Advisory Committee (Committee) is appointed by the Commissioner of Agriculture (Commissioner) pursuant to the Texas Agriculture Code, §50B.002 and is established within the Texas Department of Agriculture (the department) to assist the Commissioner in developing a long- term vision and marketable identity for the wine industry in the state, and assist the Commissioner in establishing and implementing the Texas Wine Marketing Assistance Program under Texas Alcoholic Beverage Code §110.002. (b) Composition; Duties. The Committee is composed of representatives of the Texas wine industry including grape growers, wineries, wholesalers, package stores, retailers, researchers, consumers, the department, and the Texas Alcoholic Beverage Commission. The Committee shall assist the Commissioner in developing a vision and identity for the Texas wine industry by studying future industry development, funding, research, educational programming, risk management and marketing issues related to wine. In addition, the Committee may advise the Commissioner on the implementation of the Wine Industry Development Fund grant program and the Wine Marketing Assistance Program. (c) Duration. The Committee members shall serve a term of two years and the committee shall remain in existence under the same sunset review date as the department. (d) Reporting. Reporting takes place through meetings held by the Committee. Through these meetings, the Commissioner and/or department staff discuss matters related to the committee's business and the Committee provides oral feedback and direction. The Committee is staffed by the department. Department staff prepares and maintains the minutes of each advisory committee meeting. Staff maintains a record of actions taken and distributes copies of approved minutes and other Committee documents to Committee members and the Commissioner. Source Note: The provisions of this §1.209 adopted to be effective May 3, 2006, 31 TexReg 3527; amended to be effective September 1, 2009, 34 TexReg 5667

SUBCHAPTER D MISCELLANEOUS PROVISIONS ***RULE §1.81 Private Organizations or Donors***

(a) Purpose. The purpose of this section is to establish standards of conduct to govern the relationships between officers and employees of the department and private organizations or donors. (b) Definitions. The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. (1) Department--The Texas Department of Agriculture. (2) Officer--The commissioner and deputy commissioner of agriculture. (3) Employee--Any person, other than an officer, employed by the department. (4) Private organization--A private organization designed or operated to further the purposes and duties of the department. (5) Donor--An individual or organization that gives or offers to give nonpublic gifts or donations, in whatever form, to the department. (c) Administration of donations. (1) Any funds received by the department as donations will be deposited in the state treasury. (2) Any funds received by a private organization as donations for the benefit of the department shall be administered by the private organization in a manner that best serves the interests of the department. Any income from the investment of such funds shall also accrue to the benefit of the department. (3) All donations, in whatever form, will be used for the purpose specified by the donor, or for general departmental programs if no purpose is specified. (d) Standards of conduct. (1) An officer or employee shall not accept or solicit any gift, favor, or service from a private organization or donor that might reasonably tend to influence him in his official duties or that he knows or should know is being offered him with the intent to influence his official conduct. (2) An officer or employee shall not accept employment or engage in any business or professional activity with a private organization or donor which the officer or employee might reasonably expect would require or induce him to disclose confidential information acquired by reason of his official position. (3) An officer or employee shall not accept other employment or compensation from a private organization or donor which could reasonably be expected to impair the officer or employee's independence of judgment in the performance of his official position. (4) An officer or employee shall not make personal investments in association with a private organization or donor which could reasonably be expected to create a substantial conflict between the officer or employee's private interest and the interest of the department. (5) An officer or employee shall not intentionally or knowingly solicit, accept, or agree to accept any benefit for having exercised his official powers on behalf of a private organization or donor or for having performed his official duties in favor of a private organization or donor. (6) An officer or employee who has policy direction over the department and who serves as an officer or director of a private organization or donor shall not vote on or otherwise participate in any measure, proposal, or decision pending before the private organization or donor if the department might reasonably be expected to have an interest in such measure, proposal, or decision. (7) An officer or employee shall not authorize a private organization or donor to use property of the department unless the property is used in accordance with a contract between the department and the private organization or donor, or the department is otherwise compensated for the use of the property. Source Note: The provisions of this §1.81 adopted to be effective February 2, 1994, 19 TexReg 495.

§201.16 Memorandum of Understanding with the Texas Department of State Health Services

(a) Purpose. The purpose of this section is to implement Texas Occupations Code Chapter 651, 76th Legislature, 1999, and Health and Safety Code Chapters 193 and 195. In an effort to better protect the public health, safety and welfare, it is the legislative intent of the laws of the Texas Department of State Health Services (Department) and the Texas Funeral Service Commission (TFSC) to adopt by rule a memorandum of understanding to facilitate cooperation between the agencies by establishing joint procedures and describing the actual duties of each agency for the referral, investigation, and resolution of complaints affecting the administration and enforcement of state laws relating to vital statistics and the licensing of funeral directors and funeral establishments. (b) Scope. (1) The Memorandum of Understanding (MOU) includes the respective responsibilities of the Department and the TFSC in regulating any person or entity under the Health and Safety Code Chapters 193 and 195, concerning the completion and filing of death records. (2) The Department and the TFSC will implement the cooperative procedure described in this memorandum to refer complaints to the other agency when that complaint falls within the other agency's jurisdiction or may have an effect on the administration and enforcement of the law for which the other agency is responsible. (3) The Department and the TFSC will implement the cooperative procedure described in this MOU in order to notify the other agency of violations of Health and Safety Code Chapters 193 and 195; and Texas Occupations Code Chapter 651 by funeral directors and funeral establishments, and to assist and encourage funeral directors, embalmers, and funeral establishments to conform their activities relating to the completion and filing of death records. (4) The MOU does not limit the authority of either agency, acting in its own capacity under state or federal law, to investigate complaints that fall within that agency's statutory jurisdiction. (c) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise. (1) Agency--Texas Department of State Health Services or the Texas Funeral Service Commission. (2) Death record--A report of death, death certificate, or a burial-transit permit, and such other forms as the Texas Department of State Health Services determine to be necessary. (3) Department--The Texas Department of State Health Services or any local registrar. (4) Funeral Director--A person who for compensation engages in or conducts, or who holds himself out as being engaged, for compensation, in preparing, other than the embalming, for the burial or disposition of dead human bodies, and maintaining or operating a funeral establishment for the preparation and disposition, or for the care of dead human bodies. (5) Funeral establishment--A place of business used in the care and preparation for burial or transportation of dead human bodies, or any other place where one or more persons, either as sole owner, in co-partnership, or through corporate status, represent themselves to be engaged in the business of embalming and/or funeral directing, or is so engaged. (6) Local registrar-- (A) The justice of the peace is a local registrar of births and deaths in a justice of the peace precinct. However, the duty of registering births and deaths may be transferred to the county clerk if the justice of the peace and the county clerk agree in writing and the agreement is ratified by the commissioners court. (B) The municipal clerk or secretary is the local registrar of births and deaths in a municipality with a population of 2,500 or more. (C) If a local registrar fails or refuses to register each birth and death in the district or neglects duties, the county judge or the mayor, as appropriate, shall appoint a new local registrar and shall send the name and mailing address of the appointee to the state registrar. (7) Person-- (A) includes corporation, organization, government, or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity; or (B) includes individual, corporation, or association where enforcement of Health and Safety Code Chapter 195 is involved. (8) Physician--Any individual licensed by the Texas Medical Board to practice medicine in this state. (d) Delegation of responsibilities. The Department and TFSC agree that the agencies shall have the following responsibilities. (1) The Department shall have primary responsibility for the enforcement of the laws, rules, and policies governing the collection and maintenance of a system of vital statistics, including the collection and maintenance of death records for the State of Texas. Except as may be otherwise provided by law, the Department shall: (A) design the format and prescribe the data to be entered on all forms that constitute the death records of the state; (B) prescribe the rules and procedures to be followed by a funeral director licensed by TFSC in executing his/her responsibility to secure the required data and file the completed death record; (C) establish rules or policies to determine when a local registrar may accept the filing of a death record by a funeral director or the funeral director's designee and the purposes for which each record may be used, including the filing and uses of a delayed death certificate; and (D) enforce the provisions of the Health & Safety Code (Code) Chapter 193, in accordance with Chapter 195 of the Code relating to criminal penalties for violations of laws relating to vital statistics. These laws include Chapters 191, 192, and 193 of the Code and rules adopted thereunder. If the state registrar knows or suspects that a funeral director or a funeral establishment has violated the provisions of §195.003 or other provisions of Title 3 of the Code, he or she shall report the violation to the appropriate district or county attorney for prosecution. (2) The Texas Funeral Service Commission (TFSC) shall have primary responsibility for the enforcement of the laws, rules, and policies governing the licensing of funeral directors, embalmers, funeral and commercial embalming establishments. Except as may be otherwise provided by law, the TFSC has authority: (A) to inspect a funeral establishment for violations of Chapter 193 of the Code; and (B) to assess an administrative penalty or to reprimand, revoke, suspend, probate, deny or impose any combination of sanctions against a licensee in accordance with Texas Occupations Code Chapter 651, if the licensee has violated Chapter 193 or 195 of the Code or 25 TAC Chapter 181 of the Department rules; (3) Referral, investigation, and resolution of complaint. (A) If the Department receives a complaint that alleges conduct by a funeral director or a funeral establishment that constitutes possible violations of Texas Occupations Code Chapter 651, or the rules adopted by TFSC under authority of Texas Occupations Code Chapter 651, the Department may refer the complaint to the TFSC for investigation and disposition; however, if the complaint describes conduct by any person or entity licensed under Texas Occupations Code Chapter 651 that constitutes possible violations of Chapters 193 and 195 of the Code, the Department shall retain jurisdiction over the subject matter of the complaint, investigate the complaint, and if valid, shall file a complaint with TFSC; or the Department or any local vital statistics registrar may refer the complaint to TFSC for investigation and adjudication. (B) If TFSC receives a complaint that alleges conduct by any person that constitutes possible violations of Title 3 of the Code, TFSC shall immediately notify the Department of the complaint for any appropriate action by the Department. (C) If either agency receives a complaint that alleges facts that constitute a violation of any other law, the complaint shall be referred to the appropriate state administrative agency or state or local law enforcement agency. (D) Each agency shall appoint at least one person to an interagency team that will meet at least biannually and at that time review each unresolved complaint that affects the agencies jointly. (i) If the complaint has not been referred for investigation and resolution, the team will refer the complaint to the Department, TFSC, or other appropriate state administrative or law enforcement agency, including the State Board of Medical Examiners, or local law enforcement agency. (ii) If the Department and the TFSC determine that a complaint has been incorrectly referred, they will refer the complaint appropriately. (E) To the extent allowed by law, each agency shall cooperate and assist the other in the investigation and resolution of complaints. The following actions may be taken where indicated in the other's enforcement actions. (i) Either agency may request the assistance of the other in the investigation of a complaint. (ii) Each agency may share information obtained during the complaint investigation with the other agency when the subject matter of the complaint affects both agencies. (iii) Any information obtained by the TFSC as a result of a complaint investigation is not subject to public disclosure under the Government Code §552.101, by virtue of Texas Occupations Code Chapter 651, §651.203, until the case has reached its final disposition. (iv) Each agency shall make its personnel available to testify in an administrative or judicial proceeding brought on behalf of the other agency, when the personnel has knowledge of information that is material to the subject matter of the proceeding. (e) Effective date. This section shall become effective on August 1, 1994. The MOU may be amended at any time upon mutual agreement of the agencies and the amendments are effective as to each agency 20 days after the adopted amendments are filed with the Texas Register. Source Note: The provisions of this §201.16 adopted to be effective October 18, 2015, 40 TexReg 7065

DIVISION 1 TEXAS CRIME STOPPERS COUNCIL ***RULE §3.8105 General Powers***

(a) Pursuant to Chapter 414 of the Texas Government Code, the Council is authorized to: (1) certify a crime stoppers organization to receive repayments of rewards under Articles 37.073 and 42.152 of the Texas Code of Criminal Procedure, or payments from a defendant under Article 42.12 of the Texas Code of Criminal Procedure; (2) decertify an organization, thereby rendering the organization ineligible to receive such repayments or payments; and (3) adopt rules to carry out its function; however, the Council may not adopt rules that conflict with rules relating to grants adopted by CJD. (b) In addition, the Council acts in an advisory capacity to the executive director of CJD, who will relate their recommendations and those of CJD to the governor as needed. Source Note: The provisions of this §3.8105 adopted to be effective January 3, 1997, 21 TexReg 12397; amended to be effective December 16, 2002, 27 TexReg 11729; amended to be effective June 9, 2004, 29 TexReg 5575; amended to be effective May 9, 2012, 37 TexReg 3389

DIVISION 6 ADMINISTRATIVE HEARING PROCEDURES FOR CONDUCTING THE APPEALS OF THE FOOD AND NUTRITION PROGRAMS ***RULE §1.1052 Hearing Procedures***

(a) Request for hearing. (1) Who may file. Except as described in §1.1002 of this title (relating to Abbreviated Appeal), and §1.1003 of this title (relating to Suspension Review), person who has received notice of action described in §1.1050(8) of this title (relating to Definitions) may file a request for a hearing. (2) Time for filing. A person must request a hearing at the time he/she files a written appeal as described in §1.1050(3) of this title. If a person does not include a written hearing request in his appeal, he waives the right to a hearing and the case will be decided upon review of the documents in the record. The ARO shall deny a request for hearing filed after the appeal has been received by TDA, unless the ARO determines that the failure to make a timely request was due to circumstances beyond the control of the appellant. (3) Form of request. The request for hearing must: (A) be in writing, (B) state the basis for the appeal of the adverse action; and (C) include a legible copy of the notice of adverse action. (b) Venue. All hearings shall be held in Austin, Texas, unless for good cause and in the public interest, another place of hearing is designated by the ARO. (c) Notice of hearing. The notice of hearing shall be sent to the appellant at least ten (10) days before the date of the hearing, except for the SFSP which shall be five (5) days. The hearing notice shall state: (1) the date, time, and place where the hearing is to be held; (2) that the appellant may retain legal counsel or may proceed pro se; (3) that the appellant may be represented by an officer or employee, or, with the consent of the ARO, another person designated by appellant; and (4) that failure of appellant or appellant's representative to appear at the hearing shall constitute a waiver of appellant's right to appear personally before the ARO, unless the ARO reschedules the hearing. (d) Conduct of hearing. (1) The ARO shall conduct the hearing as an informal proceeding. The formal rules of court shall not apply unless necessary for efficient conduct of the hearing. (2) The ARO shall open the hearing and make a concise statement of its scope and purposes. (3) The parties shall enter appearances. (4) The parties or their representatives shall have the opportunity to: (A) make opening statements; (B) examine or request copies (at no cost) of all documents and records to be considered at the hearing; (C) present the case personally or with the aid of others, including legal counsel; (D) bring witnesses; (E) present documentary evidence; (F) question or refute any testimony or evidence, including an opportunity to confront and cross-examine adverse witnesses; and (G) present arguments and make a closing statement. The appellee shall be entitled to open and close. (5) The hearing is open to the public, but if space is limited, the ARO has the authority to limit the number of persons attending the hearing. (6) Exclusion of witnesses. At the request of a party, or on the ARO's motion, the ARO may order witnesses excluded from the hearing so they cannot hear the testimony of other witnesses. This paragraph does not authorize exclusion of a party or a person who a party shows to be essential to the presentation of its case. (7) The hearing shall be recorded either by a tape recorder or by a stenographer. The recording or stenographer's notes are kept on file for ninety (90) days after the hearing. During this period, the appellant may copy or transcribe this information at his or her own expense. In some cases, the ARO may use teleconference equipment. The use of this equipment does not change the conduct of the hearing or affect the rights of the parties. On the written request by a party, a court reporter may prepare a transcript of all or part of the proceedings. The party requesting the transcript shall pay the costs unless the parties agree to share the costs. (e) Powers and Duties of the Administrative Review Officer (ARO). (1) The ARO shall have the authority and the duty to: (A) regulate pre-hearing matters and the hearing; (B) conduct a full, fair, and impartial hearing; (C) rule on any motions; (D) administer oaths and affirmations; (E) call and examine witnesses; (F) receive evidence and rule upon the admissibility of the evidence; (G) take action to avoid unnecessary delay in the disposition of the proceeding; (H) maintain order, including regulating the conduct of the parties, authorized representatives, witnesses, observers, and other participants; and (I) issue any order in the interest of justice or take other permissive action that is necessary for a fair, just, and proper hearing. (2) The ARO has no authority to declare state or federal statutes, rules, or regulations invalid. (f) Motions. Motions in all matters except in an SFSP appeal shall be filed in writing and served on all parties not less than seven (7) days before the hearing, except for good cause shown. Unless leave is granted by the ARO, motions in SFSP appeals may be filed up to forty-eight hours prior to the hearing. Motions shall set forth the specific grounds for which the moving party seeks the relief requested, shall make reference to all similar motions filed in the proceeding, and shall state whether all parties agree with the relief requested. In all matters except SFSP appeals, a non-moving party must file a response to the motion no later than five (5) days after receipt of the motion. In an SFSP appeal, the non-moving party must file a response to the motion within forty-eight hours unless that time is extended or shortened by written order of the ARO. The ARO shall rule on the motion in a timely fashion. The ARO may defer ruling on a motion until issuance of a final order. (g) Pre-hearing conference. (1) On the motion of a party or on the ARO's own motion, the ARO may direct the parties to appear in person, by telephone, or by videoconference for a pre-hearing conference. The ARO may direct the parties, the parties' authorized representatives, or both, to appear at a prehearing conference to consider: (A) motions and other preliminary matters relating to the proceeding, including discovery; (B) settlement of the case or simplification of the issues; (C) amendment or supplementation of pleadings; (D) admissions or stipulations which will avoid the unnecessary introduction of evidence; (E) limitations on the number of witnesses; (F) time to be allotted to each party for presentation of its direct case or for cross-examination at the hearing; (G) procedures to be followed at the hearing; and (H) other matters that may aid in the disposition of the proceeding. (2) Except as otherwise ordered by the ARO, a party seeking to participate in the prehearing conference by telephone must file a motion no later than seven (7) days before the hearing. The motion must state the reason for the request and contain the telephone number where the party or witness can be reached. Except as otherwise ordered by the ARO, a non-moving party must file a response to the motion no later than five (5) days after receipt of the motion. The ARO may waive the making of a record of a pre-hearing conference and document the actions taken in a written order or in the final order. (h) Rules of Evidence. The parties are not bound by the Texas Rules of Evidence, but shall be allowed to make lawful and pertinent objections to proffered evidence or testimony. Evidence will be admitted and given probative effect if it possesses probative value and is relevant as determined by the ARO. The ARO may limit the testimony of witnesses, or the introduction of documentary evidence, to those matters deemed probative and relevant. (1) Documentary evidence. In all matters except SFSP appeals, any documentary evidence appellant wants to be considered must be received by TDA's docket clerk not later than thirty (30) days from the date that appellant received notice. A party has the right to review, upon request, any documentary materials submitted to TDA's docket clerk. (A) Filing of documents. A party must file with TDA's docket clerk all documents relating to any pending proceeding and must serve, at the same time, a copy on the other party. (B) Service. Every document required to be served under this division, may be served by any of the following methods to a party or its representative: (i) hand-delivery; (ii) courier-receipted delivery; (iii) certified or registered mail; (iv) email; or (v) facsimile transmission. Service to the appellant or its representative shall be made to the appellant or representative's last known address or facsimile number as shown by TDA's records. (C) Documents are considered filed only when received by the TDA's docket clerk by 5:00 p.m. on a business day. A document received after 5:00 p.m. on a business day is considered filed on the next business day. (D) Parties and their representatives shall immediately notify the ARO and all parties of any change in mailing address, telephone number, facsimile number or email. (2) Stipulation to facts. The parties to an appeal, with the consent of the ARO, may agree in writing to all or any part of the facts involved. The ARO may decide all or any part of the appeal based on such stipulation. (3) Private communications. Private (ex parte) communications of information, whether oral or written, about the substantive issues of the appeal are allowed only if permitted by applicable state or federal law and if the substance is shared with all parties to the appeal. The ARO shall provide all parties with the oral or written information. (4) Confidential information. Statutorily confidential information shall be protected in accordance with state and federal law. Source Note: The provisions of this §1.1052 adopted to be effective March 1, 2009, 34 TexReg 1229; amended to be effective December 5, 2013, 38 TexReg 8642

SUBCHAPTER G INTERAGENCY AGREEMENTS ***RULE §1.320 Memorandum of Understanding Between the Texas Department of Agriculture and the Texas Department of Health, Bureau of Food and Drug Safety***

(a) Statement of Purpose. Senate Bill 372, Article 7, §7.03, 74th Legislative Session (1995) now codified at Texas Agriculture Code, Chapter 132, Subchapter A, requires the Texas Department of Agriculture (TDA) to enter into a memorandum of understanding (MOU) with the Texas Department of Health (TDH) to coordinate regulatory programs and eliminate conflicting regulatory requirements and inspection standards of shell eggs at the retail level. (b) Definitions. The following meanings apply to this section unless expressly stated otherwise: (1) TDA--The Texas Department of Agriculture. (2) TDH--The Texas Department of Health. (3) MOU--The Memorandum of Understanding executed by TDA and TDH as required by §132.008 of the Texas Agriculture Code, Chapter 132, Texas Egg Law, under the authority of the Texas Agriculture Code. (c) General Statement of Duties to be Performed by TDA and TDH. TDA and TDH have reached the following general understanding to provide for better management and coordination of the agencies' regulatory shell egg programs at the retail level to eliminate conflicting regulatory requirements and inspection standards and to prevent duplication of work effort with regard to the inspection of shell eggs at retail establishments. The TDA will continue to inspect egg quality at the producer, wholesale, and retail levels, while TDH will inspect sanitary conditions under which eggs are produced and stored at producer, wholesale, and retail levels. (d) TDA Duties. (1) Prescribe standards for the inspection and regulation of shell eggs, including quality, grade, and size of shell eggs. These standards shall be at least equal to those adopted by the United States Department of Agriculture and the U.S. Food and Drug Administration. (2) Prescribe methods for the labeling for shell egg containers relating to grade, classification and declaration of packing responsibility. (3) Conduct shell egg inspections at the retail level which include the grading, sizing, and container labeling of shell eggs. (4) Conduct shell egg inspections, including grading, sizing, temperature determination and container labeling of shell eggs at packing facilities, distributors, and dealer/wholesalers. (5) Carry out all other duties and responsibilities required by Chapter 132. (e) TDH Duties. (1) Enforce temperature standards for shell eggs at retail outlets. (2) Enforce minimum requirements for the safe and sanitary storage and handling of shell eggs as food products at producer, wholesale, and retail outlets. (3) Enforce standards for shell egg packaging that meets all applicable labeling required under Texas Health and Safety Code, Chapter 431. (4) Conduct inspections of retail facilities to ensure the safe and sanitary storage and handling of shell eggs as food products. (5) Carry out all other duties and responsibilities required by the Texas Health Code. (f) General Statement of Mutual Agreements. (1) TDA will not engage in any activity or responsibility assigned to TDH in this MOU, and TDH will not engage in any activity or responsibility assigned to TDA in this MOU. (2) The general guidelines in this MOU may be supplemented by specific written guidelines in accordance with local needs and may be modified in writing at any time by mutual agreement. (3) This MOU does not constitute financial obligation by either party nor does it serve as a basis for expenditures. Expenditures made by each party will be in accordance with its rules and regulations, contingent upon funds being available from which expenditures legally may be made. (g) Term. This MOU shall become effective upon date of signature and shall continue until terminated by mutual consent of parties herein or by either party on notice in writing to the other party 30 days in advance of such termination. (h) Execution. This MOU was executed on September 30, 1996. Source Note: The provisions of this §1.320 adopted to be effective January 10, 1997, 22 TexReg 45.

SUBCHAPTER G INTERAGENCY AGREEMENTS ***RULE §1.310 Joint Memorandum of Understanding (MOU) Between the Texas Department of Agriculture (TDA) and the State Office of Administrative Hearings (SOAH) Concerning Procedures for Contested Cases Conducted by SOAH for TDA***

(a) Statement of purpose. Texas Agriculture Code (the Code), §12.032, added by the 74th Legislature, provides that the Commissioner of Agriculture and the Chief Administrative Law Judge of SOAH by rule shall adopt a memorandum of understanding (MOU) under which SOAH conducts hearings for the department under the Code. This MOU is necessary to accomplish the efficient and expeditious hearing of matters under the jurisdiction of TDA by establishing the procedures to be used by each agency and clearly delineating each agency's responsibilities. Additionally, this MOU, when adopted by rule, shall inform the public of each agency's responsibilities and the procedures for the institution, conduct and determination of proceedings before SOAH on behalf of TDA. (b) General statement of duties to be performed by SOAH. (1) SOAH shall conduct for TDA all administrative hearings in contested cases under the Code, with the exception that this MOU shall not apply to hearings held under the Code, Chapter 103. Except as otherwise provided by the Code or this MOU, all hearings will be held in accordance with the Administrative Procedure Act, Government Code, §§2001.001 et seq. (2) SOAH shall handle all matters related thereto, including prehearing and post-hearing matters, the issuance of the proposal for decision, and if required, shall appear before the commissioner or his designee to present the proposal for decision. Unless specifically requested by the department, the final decision or order shall be rendered by the commissioner or his designee. At the request of TDA, SOAH shall include a proposed order with the proposal for decision, but shall not be responsible for the preparation of a final order which differs from the proposed order submitted by SOAH. (3) During the term of this MOU, SOAH shall act pursuant to Texas Government Code, §§2003.001 et seq, Texas Government Code, §§2001.001 et seq, and other applicable law. (c) Definitions. The following meanings apply to this section unless expressly stated otherwise. (1) ALJ--An administrative law judge assigned by the State Office of Administrative Hearings. (2) Code--Texas Agriculture Code. (3) Commissioner--Commissioner of agriculture or his designee. (4) Contested case--A proceeding, including but not restricted to licensing, in which the legal rights, duties, or privileges of a party are to be determined by an agency after an opportunity for administrative hearing as defined in the Government Code, §2001.003. (5) MOU--The Memorandum of Understanding executed by TDA and SOAH for the conducting of hearings on contested cases. (6) SOAH--The State Office of Administrative Hearings. (7) TDA--The Texas Department of Agriculture. (d) Referral of a contested case to SOAH. (1) Referral of a contested case to SOAH may be made only by TDA. The referral is initiated by filing with SOAH either a request for setting of hearing form or a request for assignment of ALJ form as provided in subparagraphs (A) and (B) of this paragraph. (A) The request for setting of hearing form shall be filed when TDA seeks to have the case set for hearing and no prehearing matters requiring resolution by an ALJ are anticipated. If prehearing matters arise after the request for setting of hearing form is filed, SOAH shall assign an ALJ to resolve the matter. (B) The request for assignment of ALJ form shall be filed when TDA anticipates the need for one or more prehearing conferences and/or the need for an ALJ's ruling on various matters prior to commencement of the hearing. If no request for setting of a hearing is included in the request for assignment of an ALJ, the date for the hearing shall be determined by the assigned ALJ. (2) At the time the referral is initiated, TDA shall also provide to SOAH: (A) all pleadings in the case, including, but not limited to, complaints, petitions, applications, motions, or such other documents describing agency action related to the contested case; (B) an accurate service list; and (C) notification of any statutory deadlines applicable to the contested case. (3) Following receipt of the request for assignment of ALJ form, SOAH shall assign the case a docket number, assign an ALJ, and notify all parties in writing of the ALJ assigned to the case. If TDA also requests a hearing date, the SOAH shall provide a date and a confirmation of the setting to TDA. Hearings shall be held at a location agreed upon by SOAH and TDA. Following receipt of the confirmation of the setting of the hearing, TDA shall send its notice of hearing. (4) In any case in which an expedited hearing is required by statute, TDA should file a request for setting of hearing within 24 hours of receipt of a request by any party. In such cases, SOAH should confirm with TDA a hearing date and docket number within 24 hours of such request. (e) Notice of hearing. (1) Upon receipt of the docket number and setting date from SOAH, TDA shall issue the initial notice of hearing as required by the Code and the Government Code, and will serve the notice of hearing by certified mail, return receipt requested, to all parties to the docketed matter. (2) Notice is governed by the Government Code, §2001.051 and §2001.052, unless alternative procedures are permitted by law. The notice shall include the time, place, and nature of the hearing; a statement of the legal authority and jurisdiction under which the hearing is to be held; a reference to the particular sections of the statutes and any corresponding regulations to which the hearing relates; a short, plain, statement of the matters asserted; the docket number; and a certificate of service. (f) Filing requirements. Filing of documents shall be in accordance with the following. (1) Any party filing notices of hearing, staff memoranda, and pleadings (including discovery), motions, and such other filings, except motions for rehearing shall file the original with SOAH and a true and correct copy with the TDA docket clerk. Such documents shall be delivered to TDA and SOAH by the same method and on the same date. (2) All motions, except motions for rehearing, shall be addressed to SOAH. (3) All motions for rehearing shall be addressed to the commissioner and shall be filed with the TDA docket clerk, with a copy provided to SOAH. (g) Hearings. (1) Hearings, including prehearing proceedings on contested cases, shall be conducted in accordance with the Government Code, Chapter 2001, the Agriculture Code, the TDA rules of procedure, the SOAH rules of procedure, and any other applicable law and accompanying regulations. (2) In the event of any conflict between the SOAH rules of procedure and the TDA rules of procedure, the TDA rules of procedure control, unless otherwise specifically stated in the SOAH rules of procedure (see 1 TAC §155.5), or other controlling law; or the judge so orders, when necessary to ensure the fair and efficient handling of a case. (3) The ALJ shall establish reasonable deadlines and procedures for the filing of affidavits, the designation of witnesses, and such other matters as are necessary or appropriate. (4) If the commissioner informally disposes of a contested case by stipulation, agreed settlement, consent order, agreed order, or default as provided in the Code, the Government Code, §2001.056, and TDA rules, the TDA docket clerk shall file a request to withdraw the case from the SOAH docket and include a copy of the order. SOAH shall then issue an order withdrawing the case from the SOAH docket. (5) Hearings shall be recorded in the manner agreed to by SOAH and TDA. (h) Final orders. (1) The ALJ shall prepare and issue the proposal for decision and a proposed order. The proposal for decision shall include proposed findings of fact and conclusions of law. The commissioner may not attempt to influence the ALJ's findings of fact, conclusions of law, or the ALJ's application of the law to the facts in any proceedings. Unless otherwise provided by statute, the ALJ shall issue a proposal for decision and proposed order no later than the 60th day after the date the record is finally closed, unless the ALJ specifies at the conclusion of the hearing a longer period of time in which the proposal for decision and proposed order may be issued. (2) The ALJ shall submit the proposal for decision and the proposed order to the commissioner and shall serve true and correct copies of the proposal for decision and the proposed order by registered mail upon the parties. (3) The ALJ may amend the proposal for decision and proposed order pursuant to exceptions, briefs, and reply briefs without the proposal for decision and proposed order again being served on the parties. The ALJ shall promptly provide a copy of any amended proposal for decision and proposed orders to the commissioner and all parties. Upon request of the commissioner, the ALJ shall also provide an electronic copy of the proposed order to the commissioner. (4) The commissioner may consider the proposal for decision and proposed order prepared by the ALJ, the exceptions, briefs, reply briefs, and the arguments of the parties entirely upon written submission. (5) For actions brought under the Code, §12.020, the commissioner may change a finding of fact or conclusion of law made by the ALJ if the commissioner: (A) determines that the ALJ: (i) did not properly apply or interpret applicable law, department rules or policies, or prior administrative decisions; or (ii) issued a finding of fact that is not supported by a preponderance of the evidence; or (B) determines that a department policy or a prior administrative decision on which the ALJ relied is incorrect or should be changed. (6) The commissioner shall state in writing the specific reason and legal basis for a determination under paragraph (5) of this subsection. (7) If the commissioner seeks clarification or additional information relating to the proposed order, the commissioner may send written questions, including a request to reopen the hearing if necessary to the ALJ with copies to all parties of record. If the information necessary to respond to the commissioner's questions is not already in evidence, the commissioner may remand the case to the ALJ for further hearing and the ALJ shall notify all parties of record of the remand. (8) Upon the issuance of any order that may become final under the Government Code, §2001.142, TDA's docket clerk shall send a copy of the order by first class mail, pursuant to the Government Code, §2001.142, to the parties or their representatives, and to SOAH. TDA's docket clerk shall keep an appropriate record of the mailing. (i) Motions for rehearing. The commissioner may state in a written order the decision as to a motion for rehearing, or may take no action and allow the motion for rehearing to be overruled by operation of law. When a motion for rehearing is granted and if the commissioner remands for further proceedings, the ALJ, upon notice to all parties of record, shall convene the rehearing under the same docket as the original hearing. (j) Custody of the hearing record. (1) SOAH shall maintain the official record in a contested case from the time TDA refers the case to SOAH until: (A) the entry of an order by an ALJ to withdraw or dismiss a case from the SOAH docket either by the granting of a party's motion or on the ALJ's own motion; or (B) the ALJ's proposal for decision has been issued in the case, time for filing of exceptions and replies to the proposal has passed, and the ALJ has made any amendments to the proposal based on those exceptions or replies. (2) TDA shall also maintain a copy of the record at all times. (3) Prior to the conclusion of the administrative hearing process, any request for a copy or transcript of the record may be directed either to SOAH or TDA. Requests for official copies shall be directed to SOAH as the official custodian authorized to certify at to the completeness of the record before the conclusion of the administrative hearing process. (4) After the issuance of a proposal for decision and passage of appropriate timelines as stated in paragraph (1) of this subsection, the duty of official custodian of the record shall be transferred to TDA. Within ten days of the passage of appropriate timelines for filing of exceptions and replies to exceptions, SOAH shall deliver the official record to TDA along with a certified statement that the documents delivered constitute the complete record in the case. Any request for a copy or transcript of the record shall then be directed to TDA. TDA shall have the authority to certify as to the completeness of the record. Source Note: The provisions of this §1.310 adopted to be effective March 12, 1996, 21 TexReg 1657.

SUBCHAPTER A GENERAL RULES OF PRACTICE ***RULE §1.23 Subpoenas, Depositions, and Orders To Produce***

(a) Subpoenas. Upon the request of a party to a contested case and upon the showing of good cause, a subpoena may be issued by the commissioner, the chief administrative law judge, or the administrative law judge hearing the case as provided by the Act, §2001.089. (b) Depositions. (1) Issuance of commissions. Upon the request of a party to a contested case or the department and the deposit of the appropriate fees, a commission to take a deposition shall be issued by the commissioner, the chief administrative law judge, or the administrative law judge hearing the case, as provided by the Act, §2001.094. A commission may be issued for the taking of an oral deposition or a deposition by written questions. (2) Requesting a deposition by written questions. A copy of the written questions must be attached and filed with the request for taking of a deposition by written questions. (c) Order to produce. Upon the filing of a motion to produce in accordance with the Act, §2001.091, the commissioner, the deputy general counsel, or the administrative law judge hearing the case may issue an order requiring the production of the requested items. Source Note: The provisions of this §1.23 adopted to be effective January 18, 1991, 16 TexReg 113; amended to be effective August 3, 1993, 18 TexReg 4747; amended to be effective August 23, 1996, 21 TexReg 7656.

DIVISION 2 GOVERNOR'S JUVENILE JUSTICE ADVISORY BOARD ***RULE §3.8205 General Powers***

(a) The Board acts in an advisory capacity to the executive director of CJD, who will relate their recommendations and those of CJD to the governor as needed. (b) Pursuant to federal regulations governing implementation of the Juvenile Justice and Delinquency Prevention Act, the Board is designated as the supervisory board. Duties of the supervisory board shall be as follows: (1) Advise CJD on matters pertaining to juvenile justice and delinquency prevention, including Title II of the Juvenile Justice and Delinquency Prevention Act; (2) Participate in the development and review of the State's Juvenile Justice and Delinquency Prevention Three Year Plan, which may be updated annually as needed; (3) Submit to the governor and legislature recommendations regarding state compliance with the requirements of Title II, Part B, §223(a)(11), (12), and (13) of the Juvenile Justice and Delinquency Prevention Act of 2002, Public Law 107-273, 42 U.S.C. 5601 et seq., as amended, and all funding sources provided to CJD from the Office of Juvenile Justice and Delinquency Prevention under the Juvenile Justice and Delinquency Prevention Act and the federally appropriated Juvenile Accountability Block Grant; and (4) Consult and seek advice and suggestions frequently from juveniles currently under the jurisdiction of the juvenile justice system. (c) CJD shall afford the Board the opportunity to review and comment on all juvenile justice and delinquency prevention grant applications submitted to CJD. Source Note: The provisions of this §3.8205 adopted to be effective January 3, 1997, 21 TexReg 12397; amended to be effective December 16, 2002, 27 TexReg 11729; amended to be effective June 9, 2004, 29 TexReg 5575; amended to be effective May 9, 2012, 37 TexReg 3389

SUBCHAPTER ALICENSING ***RULE §203.16 Consequences of Criminal Conviction***

(a) The Commission may suspend or revoke a license or deny a person from receiving a license on the grounds that the person has been convicted of a felony or misdemeanor that directly relates to the duties and responsibilities of an occupation required to be licensed by Occupations Code, Chapter 651 (Chapter 651). The Commission may consider an offense not listed as directly related to the occupations of funeral directing and/or embalming that was committed less than five years before the person applies for the license. (b) The Commissioners may place an applicant or licensee who has been convicted of an offense on probation by authorizing the Executive Director to enter into an Agreed Order with the licensee. The Agreed Order shall specify the terms of the probation and the consequences of violating the Order. (c) If the Commissioners suspend or revoke a license or deny a person from getting a license, the Commission must notify the person of the decision in writing and notify the licensee or applicant he or she has the right to appeal that decision to SOAH. (d) The Commission shall immediately revoke the license of a person who is imprisoned following a felony conviction, felony community supervision revocation, revocation of parole, or revocation of mandatory supervision. A person in prison is ineligible for licensure. Revocation or denial of licensure under this subsection is not subject to appeal at SOAH. (e) The Commission shall consider the following factors in determining whether a criminal conviction directly relates to an occupation required to be licensed by Chapter 651: (1) the nature and seriousness of the crime; (2) the relationship of the crime to the purposes for requiring a license to engage in the occupations of funeral directing and/or embalming; (3) the extent to which a license might offer an opportunity to engage in further criminal activity of the same type as that in which the person previously had been involved; and (4) the relationship of the crime to the ability, capacity, or fitness required to perform the duties and discharge the responsibilities of the licensed occupation. (f) If a person has been convicted of a crime, the Commission shall consider the following in determining a person's fitness to perform the duties and discharge the responsibilities of a Chapter 651 occupation: (1) the extent and nature of the person's past criminal activity; (2) the age of the person when the crime was committed; (3) the amount of time that has elapsed since the person's last criminal activity; (4) the conduct and work activity of the person before and after the criminal activity; (5) evidence of the person's rehabilitation or rehabilitative effort while incarcerated or after release; and (6) letters of recommendation from: (A) prosecutors and law enforcement and correctional officers who prosecuted, arrested, or had custodial responsibility for the person; (B) the sheriff or chief of police in the community where the person resides; and (C) any other person in contact with the convicted person. (g) The applicant may be asked to furnish proof that the applicant has: (1) maintained a record of steady employment; (2) supported the applicant's dependents; (3) maintained a record of good conduct; and (4) paid all outstanding court costs, supervision fees, fines, and restitution ordered in any criminal case in which the applicant has been convicted. (h) The following crimes are related to the occupations of funeral directing or embalming: (1) Class B misdemeanors classified by Occupations Code §651.602: (A) acting or holding oneself out as a funeral director, embalmer, or provisional license holder without being licensed under Chapter 651 and the Rules of the Commission; (B) making a first call in a manner that violates Occupations Code §651.401; (C) engaging in a funeral practice that violates Chapter 651 or the Rules of the Commission; or (D) violating Finance Code, Chapter 154, or a rule adopted under that chapter, regardless of whether the Texas Department of Banking or another governmental agency takes action relating to the violation; (2) the commission of acts within the definition of Abuse of Corpse under Penal Code, §42.08, because those acts indicate a lack of respect for the dead; (3) an offense listed in Article 42A.054, Code of Criminal Procedure as provided by Occupations Code §53.021(3); (4) a sexually violent offense, as defined by Article 62.001, Code of Criminal Procedure as provided by Occupations Code §53.021(4); (5) the following crimes because these acts indicate a lack of respect for human life and dignity: (A) Murder; (B) Assault; (C) Sexual Assault; (D) Kidnapping; (E) Injury to a Child; (F) Injury to an Elderly Person; (G) Child Abuse; (H) Harassment; or (I) Arson; (6) the following crimes because these acts indicate a lack of principles needed to practice funeral directing and/or embalming: (A) Robbery; (B) Theft; (C) Burglary; (D) Forgery; (E) Perjury; (F) Bribery; (G) Tampering with a governmental record; or (H) Insurance claim fraud; and (7) the following crimes because these acts indicate a lack of fitness to practice funeral directing and/or embalming: (A) delivery, possession, manufacture or use of or the illegal dispensing of a controlled substance, dangerous drug, or narcotic; or (B) multiple (more than two) convictions for driving while intoxicated or driving under the influence. (i) Multiple violations of any criminal statute shall be reviewed by the Commission because multiple violations may reflect a pattern of behavior that renders the applicant unfit to hold a funeral director's and/or embalmer's license. (j) The Commission may not consider a person to be convicted of an offense if the judge deferred further proceedings without entering an adjudication of guilt, placed the person on community supervision, and dismissed the proceedings at the end of the community supervision. However, if the Commission determines that the licensure of the person as a funeral director and/or embalmer would create a situation in which the person has the opportunity to repeat the prohibited conduct, the Commission shall consider a person to have been convicted regardless of whether the proceedings were dismissed after a period of deferred adjudication if: (1) the person was charged with any offense described by Article 62.001(5) Code of Criminal Procedure; (2) the person has not completed the term of community supervision or the person completed the period of supervision less than five years before the date of application; or (3) a conviction of the offense would make the person ineligible for the license by operation of law. Source Note: The provisions of this §203.16 adopted to be effective October 18, 2015, 40 TexReg 7065; amended to be effective January 3, 2019, 44 TexReg 96

§201.7 Preparation and Dissemination of Consumer Information

(a) The Commission shall prepare and disseminate to the general public information of consumer interest explaining matters relating to funerals and the funeral industry, describing the regulatory functions of the Commission, and describing the Commission's procedure by which consumer complaints are filed and resolved by the Commission. (b) The Commission shall review and revise the information of consumer interest prepared and disseminated by the Commission on a biennial basis. (1) Any person or groups of persons may submit in writing any proposal concerning the content and/or the methods of dissemination of information of consumer interest prepared and disseminated by the Commission. Once submitted, such proposal shall become the property of the Commission and will not be returned. (2) The Commission shall review any proposals submitted to the Commission in writing concerning the content and/or method of dissemination of information of consumer interest. (c) Information of consumer interest prepared and disseminated by the Commission shall be available to the general public through funeral establishments. The Funeral Director in Charge shall prominently display Commission consumer brochures in the public view within the funeral establishment. (d) Information of consumer interest prepared and disseminated by the Commission shall also be available, upon request, to individuals and interested organizations or institutions, such as, better business bureaus, hospice groups, consumer groups, libraries, and legislators. Source Note: The provisions of this §201.7 adopted to be effective October 18, 2015, 40 TexReg 7065

SUBCHAPTER BDUTIES OF A FUNERAL ESTABLISHMENT/LICENSEE ***RULE §203.31 Facilities Necessary in a Preparation Room***

(a) The Commission will approve only those preparation rooms which meet the requirements of Occupations Code Chapter 651 and the following minimum standards: (1) must be of sufficient size and dimensions to accommodate an operating table, a sink with water connections, and an instrument table, cabinet, or shelves: (A) the operating table must be non-porous, with edges raised at least 3/4 inch around the entire table and a drain opening at the lower end; (B) the sink must have hot and cold running water and drain freely; and (C) must be equipped with an aspirator; (2) must contain an injection/embalming machine and sufficient supplies and equipment for normal operations; (3) must be clean, sanitary, and only used for purposes related to the care of the deceased; (4) must not have defective construction which permits the entrance of rodents; (5) must not have evidence of infestation of insects or rodents; (6) must be private and have no general passageway through it; (7) must be properly ventilated with an exhaust fan that provides at least five room air exchanges per hour; (8) must not have public restroom facilities located within the room; (9) must have walls that run from floor to ceiling and that are covered with tile, or by plaster or sheetrock painted with washable paint; (10) must have floors of concrete with a glazed surface, or tiled in order to provide the greatest sanitary condition possible, if tile is used, any grout or joint sealant must be unbroken and intact; (11) must have doors, windows, and walls constructed to prevent odors from entering any other part of the building; (12) must have all windows and openings to the outside screened; and (13) have appropriate personal protection equipment related to universal precautions. (b) For establishments exempt under §203.10 of this title (relating to Preparation Room Exemption), the executive director may require the establishment to have a room with some of the above standards if deceased human remains will be present at the establishment. Source Note: The provisions of this §203.31 adopted to be effective October 18, 2015, 40 TexReg 7069; amended to be effective October 3, 2019, 44 TexReg 5625

SUBCHAPTER N FOOD AND FIBERS RESEARCH GRANT PROGRAM RULES ***RULE §1.924 Council Meetings***

(a) The Council shall meet at least once each fiscal year. The agenda and advance meeting materials shall be mailed or provided electronically to each member of the Council prior to each meeting. (b) Special meetings may be called by the Commissioner by written notice to members prior to such meetings. (c) All Council meetings shall be posted and held in accordance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. Source Note: The provisions of this §1.924 adopted to be effective April 19, 2006, 31 TexReg 3252

SUBCHAPTER O HOME-DELIVERED MEAL GRANT PROGRAM ***RULE §1.952 Administration of the Program***

(a) The Department annually shall determine: (1) the total amount of money available for grants under this subchapter; (2) the number of residents at least 60 years of age in this state, according to the most recent federal decennial census; and (3) the number of residents at least 60 years of age in each county in this state, according to the most recent federal decennial census. (b) Subject to §1.953 of this title (relating to County Grant Required) and subsection (d) of this section, the Department shall make grants in an amount equal to one dollar for each meal that each Approved Organization delivered to Homebound Elderly persons or persons with a Disability in the county in the preceding State Fiscal Year that was not Fully Funded. (c) The Department shall make grant award not later than February 1 of each calendar year to each Approved Organization. Fifty percent (50%) of such grant awarded shall be allocated and distributed to each Approved Organization on or before February 1 of each calendar year. The remaining fifty percent (50%) of such grant award shall be allocated and distributed to each Approved Organization on or before August 1 of each calendar year. Notwithstanding any other provision of this subchapter, the Department may deny, revoke, suspend, or withhold a grant award for misuse of grant funds, or failure to comply with any requirement or section of this subchapter, including, without limitation, failure to: (1) have or utilize adequate intake processes and/or procedures, including intake forms, to qualify individuals as eligible for assistance in accordance with this subchapter; (2) keep and maintain adequate client records, by county, that identify the names, addresses, and telephone numbers of all individuals qualified as homebound or disabled individuals eligible under this subchapter; (3) keep and maintain adequate records that support the total number of home-delivered meals an Approved Organization claims it delivers to homebound or disabled individuals eligible for assistance under this subchapter; (4) keep and maintain adequate records that support the total number of home-delivered meals an Approved Organization claims it delivers in support of its application; (5) keep and maintain adequate records that document meals delivered under this subchapter with identifying information on the recipient of each meal; (6) keep and maintain an accounting system and records in accordance with Generally Accepted Accounting Principals; (7) obtain and comply with all health and other permits required under this subchapter, including failure to keep and maintain adequate records pertaining to such health and other permits; (8) obtain a county grant as required by this subchapter, including failure to keep and maintain adequate records pertaining to such county grant; (9) have a dietary consultant review the dietary content of all menus or meal plans for all meals delivered by an Approved Organization with grant funds awarded under this subchapter, to ensure that those meals meet the Registered Dietary Allowance or Dietary Reference Intakes as required by this subchapter, including failure to keep and maintain adequate records pertaining to such registered dietician, such as name, address, and telephone number; (10) keep and maintain a bank account in the name of the Approved Organization, including failure to keep and maintain adequate records pertaining to such bank account; or (11) keep and maintain adequate records of all expenses that an Approved Organization claims are allowable expenses under this subchapter. (d) Except as provided by §1.953 of this title, and subsections (b) and (f) of this section, grants from the Department to Approved Organizations in a county in a State Fiscal Year may not exceed an amount determined by the following formula: CR x (TD/SR), where "CR" is the number of residents at least 60 years of age in the county; "TD" is the total amount of money appropriated to the Department for that State Fiscal Year to make grants, less the Department's administrative expenses; and "SR" is the number of residents at least 60 years of age in this state. (e) If more than one "Approved Organization" delivers meals in a county, the Department shall reduce the grants proportionally to each qualifying organization in that county so that the total amount of the grants to the organizations does not exceed the amount described by subsection (d) of this section. (f) If the total amount of the grants made statewide by the Department under subsection (b) of this section is less than the amount appropriated to fund the program under this section in a State Fiscal Year, the Department shall use the unspent funds to proportionally increase the grants to each Approved Organization. (g) The Department may use up to five percent of the appropriated funds for administration of the program. Source Note: The provisions of this §1.952 adopted to be effective September 11, 2007, 32 TexReg 6127; amended to be effective November 22, 2011, 36 TexReg 7861

SUBCHAPTER N FOOD AND FIBERS RESEARCH GRANT PROGRAM RULES RULE §1.923 Council

(a) The Food and Fibers Research Council is made up of the following members appointed by the commissioner: (1) the commissioner or the commissioner's designee; (2) two representatives of the Texas Cotton Producers' Association; (3) a representative of the Texas Cotton Association; (4) a representative of the Texas Cotton Ginners' Association; (5) a representative of the Texas Independent Ginners Association; (6) a representative of the Texas Agriculture Cooperative Council; (7) a representative of the Mohair Council of America; (8) a representative of the Texas Sheep and Goat Raisers' Association; (9) a Texas representative of the National Cottonseed Products Association; (10) a Texas representative of the peanut industry; (11) a representative of the textile or fashion industry; and (12) a representative of the food processing industry. (b) Council members serve staggered six-year terms. (c) The commissioner or the commissioner's designee serves as presiding officer of the Council. Source Note: The provisions of this §1.923 adopted to be effective April 19, 2006, 31 TexReg 3252; amended to be effective June 29, 2008, 33 TexReg 4866

SUBCHAPTER N FOOD AND FIBERS RESEARCH GRANT PROGRAM RULES ***RULE §1.926 Proposal Submission***

(a) The Program may issue biennial and/or annual requests for proposals depending on priorities set by the Council. (b) Any state-supported university, state agency, or federal agricultural agency within the State of Texas may respond to the request for proposals. (c) The participating entities may submit proposals responsive to the research areas categorized in §1.925 of this title (relating to Primary Research Areas). Source Note: The provisions of this §1.926 adopted to be effective April 19, 2006, 31 TexReg 3252

SUBCHAPTER J AGRICULTURAL LIEN DISPUTES ***RULE §1.601 Statement of Purpose; Applicability***

(a) The Texas Agriculture Code, Chapters 128 and 188, as amended by House Bill 963, 75th Legislative Session, 1997, provide for the establishment of liens in favor of sellers of agricultural chemicals, agricultural seeds, or animal feed, or of a provider of labor in connection with the agricultural chemicals, agricultural seeds, or animal feed. Chapters 128 and 188 also provide for the Texas Department of Agriculture (the department) to establish procedures for settlement of disputes regarding the amount owed a lien claimant for agricultural chemicals or labor (§128.012) or animal feed (§188.012). A person may not file a notice of claim of lien if a settlement of a dispute between the lien claimant and the debtor has been submitted to the department under the Texas Agriculture Code, §128.012 and §188.012, and is pending. (b) This subchapter applies only to disputes regarding amounts due for the sale of agricultural chemicals, or animal feed or regarding costs of labor in connection with the sale of agricultural chemicals or feed where notice has been provided before purchase to the buyer (debtor) of such chemicals or animal feed or labor in accordance with the Texas Agriculture Code, §128.006 and §188.006. Source Note: The provisions of this §1.601 adopted to be effective September 22, 1997, 22 TexReg 9242.

SUBCHAPTER H TEXAS CRIME STOPPERS PROGRAM ***RULE §3.9000 Certification***

(a) The Texas Crime Stoppers Council (Council) shall, on application by a crime stoppers organization as defined by §414.001(2) of the Texas Government Code (organization), determine whether the organization meets the requirements to be certified to receive repayments of rewards under Articles 37.073 and 42.152 of the Texas Code of Criminal Procedure, or payments from a defendant under Chapter 42A of the Texas Code of Criminal Procedure. (b) The Council shall certify a crime stoppers organization to receive those repayments or payments if, considering the organization, continuity, leadership, community support, and general conduct of the organization, the Council determines that the repayments or payments will be spent to further the crime prevention purposes of the organization. (c) Certification is valid for two years from the date of issuance or, if applicable, the effective date of continued certification. The Council may take action on a crime stoppers organization's Application for Continuing Certification prior to the expiration of the organization's current certification, and specify the effective date of the continued certification, provided that the effective date is no later than the expiration date of the current certification. If a crime stoppers organization's certification expires, the organization is not eligible to receive repayments of rewards under Articles 37.073 and 42.152 of the Texas Code of Criminal Procedure, or payments from a defendant under Chapter 42A of the Texas Code of Criminal Procedure, until the organization obtains certification. (d) A private, nonprofit crime stoppers organization must submit the following information to the director of the Council in order to obtain initial certification: (1) Documentation from the Internal Revenue Service granting the organization tax-exempt status; (2) The dates and locations that the following persons completed a training course provided by the Criminal Justice Division of the Office of the Governor (CJD) and the Council, or their designee, within the year prior to submission of the organization's application for certification: (A) one member of the organization's board of directors; and (B) one of the organization's law enforcement/civilian coordinators; and (C) the executive director of the organization (if applicable); (3) A completed and signed Conditions of Certification Form; (4) The name, mailing address, email address, telephone number, occupation, and board position of each member of the organization's board of directors; (5) The name, mailing address, email address, and telephone number of each of the organization's law enforcement/civilian coordinators; (6) The name, mailing address, email address, telephone number, and occupation of the executive director (if applicable); (7) The description of the geographic territory or jurisdiction to which the organization desires to provide services; and (8) Additional information specified by a vote of the Council for inclusion in the application for certification that is necessary for the Council to make the determination for certification required by §414.011(a) of the Texas Government Code or to fulfill its duties under §414.005 of the Texas Government Code. The director of the Council may request further information needed to clarify a question raised in the examination of the materials submitted as part of the application. (e) A public crime stoppers organization must submit the following information to the director of the Council in order to obtain initial certification: (1) Proof that one of the organization's law enforcement/civilian coordinators completed a training course provided by CJD and the Council, or their designee, within the year prior to submission of the organization's application for certification; (2) A completed and signed Conditions of Certification Form; (3) The name, mailing address, email address, telephone number, occupation, and board position of each member of the organization's governing board; (4) The name, mailing address, email address, and telephone number of each of the organization's law enforcement/civilian coordinators; (5) The name, mailing address, email address, telephone number, and occupation of the organization's executive director (if applicable); (6) The description of the geographic territory or jurisdiction to which the organization desires to provide services; and (7) Additional information specified by a vote of the Council for inclusion in the application for certification that is necessary for the Council to make the determination for certification required by §414.011(a) of the Texas Government Code or to fulfill its duties under §414.005 of the Texas Government Code. The director of the Council may request further information needed to clarify a question raised in the examination of the materials submitted as part of the application. (f) If the organization is currently certified by the Council, the organization must submit the documentation described in subsection (d) or (e) of this section, as applicable, with the exception of the training documentation required by subsections (d)(2) and (e)(1), and the following additional information as part of its Application for Continuing Certification, in each case no more than 240 days and no less than 180 days prior to the expiration of the current certification: (1) any Crime Stoppers Program Annual Reports that have not been submitted to the director of the Council as required by §3.9011 of this chapter; (2) any Statistical Reports that have not been submitted to the director of the Council or the Council's designee as required by §3.9011 of this chapter; (3) the dates and locations that the following persons completed, or plan to complete, a training course provided by CJD and the Council, or their designee, after the date of issuance or the effective date, as applicable, of the current certification: (A) one member of a private, nonprofit organization's board of directors (if applicable); (B) one of the organization's law enforcement/civilian coordinators; and (C) the executive director of a private, nonprofit organization (if applicable); and (4) additional information specified by a vote of the Council for inclusion in the Application for Continuing Certification that is necessary for the Council to make the determination for certification required by §414.011(a) of the Texas Government Code or to fulfill its duties under §414.005 of the Texas Government Code. The director of the Council may request further information needed to clarify a question raised in the examination of the materials submitted as part of the application. (g) Certification awarded to an organization is awarded only as to the specific geographic territory or jurisdiction described in the certification award. (h) Decisions regarding the certification of crime stoppers organizations shall be made by the Council. (i) If an organization's certification is set to expire before the next anticipated Council meeting, subjecting the organization to the liquidation requirements of §414.010(c), Texas Government Code, and the Council determines that extraordinary circumstances have prevented an organization from submitting a completed Application for Continuing Certification, the Council may consider and take action to renew the organization's certification if it determines that the organization meets the certification requirements described in §414.011, Texas Government Code. (j) The director of the Council will notify certified organizations of their requirements for continuing certification no less than 90 days prior to the deadline to submit the Application for Continuing Certification under subsection (f) of this section. Source Note: The provisions of this §3.9000 adopted to be effective August 26, 1999, 24 TexReg 6467; amended to be effective August 26, 2003, 28 TexReg 6805; amended to be effective June 9, 2004, 29 TexReg 5591; amended to be effective February 22, 2007, 32 TexReg 613; amended to be effective July 11, 2010, 35 TexReg 5803; amended to be effective June 12, 2011, 36 TexReg 3407; amended to be effective March 26, 2020, 45 TexReg 1975

SUBCHAPTER O HOME-DELIVERED MEAL GRANT PROGRAM ***RULE §1.955 Application***

(a) The application shall be in a form prescribed by the Department, in accordance with this subchapter. (b) The application submitted to the Department in accordance with §1.954 of this title (relating to Eligibility for Grant), shall: (1) be notarized and signed by the Organization's executive director and board chair, if applicable; (2) be postmarked not later than November 1; (3) include the following information: (A) the Organization's name and address; (B) the names and titles of the Organization's executive director and board chair, if applicable; (C) the name of the county in relation to which the Organization is applying; (D) the number of residents at least 60 years of age who reside in that county, according to the most recent federal decennial census; (E) the amount of the grant awarded by that county, as required by §1.954 of this title; (F) the total number of meals the Organization delivered to Elderly persons or persons with a Disability in that county during the preceding State Fiscal Year including those that were not Fully Funded; (G) the Organization's most recent financial statement or audited financial report; (H) a list of the Organization's board and officers; (I) appropriate documentation demonstrating that the Organization: (i) is a qualifying governmental agency or nonprofit private organization; (ii) has been awarded a grant by the county for the provision of home-delivered meals to the homebound elderly and disabled in that county; and (iii) has delivered the number of meals reported under subsection (a)(3)(F) of this section; and (J) any other information the Department determines necessary. (c) An Organization that applies for a grant for meals delivered in more than one county must submit a separate application for each county in which the Organization delivers meals. Source Note: The provisions of this §1.955 adopted to be effective September 11, 2007, 32 TexReg 6127; amended to be effective November 22, 2011, 36 TexReg 7861

SUBCHAPTER H REQUESTS FOR PUBLIC INFORMATION ***RULE §1.402 Charges for Providing Copies of Public Information***

(a) The charge to any person requesting access to public information or copies of public information from the department will be the charges established by the Public Information Act, and the rules of the Office of the Attorney General, to the extent that they do not conflict with the Act. (b) The charge provisions established by the Office of the Attorney General do not apply to requests for copies of publications compiled and printed by the department for public dissemination, and the department shall determine the charge to be made for such publications unless the charge is set by law. (c) Requests for public information for which the Public Information Act or the Office of the Attorney General have not established a charge will be charged at the actual cost to the department to provide the item. Source Note: The provisions of this §1.402 adopted to be effective August 23, 1996, 21 TexReg 7657; amended to be effective June 29, 2008, 33 TexReg 4866

SUBCHAPTER B COLLECTION OF DEBTS ***RULE §1.53 Referrals of Matters to the Office of the Attorney General for Collection***

(a) The chief legal officer shall decide whether to refer a matter to the attorney general for collection. This decision and any referral generally should be made no later than 60 days after the second demand letter is sent. The 60-day guideline in this subsection shall not apply to the collection of debts or overpayments arising out of the Child and Adult Care Food Program (CACFP), 7 CFR Part 226, or the Summer Food Service Program (SFSP), 7 CFR Part 225. (b) Generally, the department will not refer collection matters in which the amount to be collected would be less than the total sum of expense to the department and the attorney general for travel, employee time, court costs, and other relevant expenses. The commissioner or the chief legal officer may from time to time establish a minimum dollar amount for obligations to be referred for collection. (c) The department may, for policy reasons or other good cause, determine that a matter should be referred to the attorney general even if the amount to be recovered does not exceed the minimum established pursuant to this rule. (d) In making a determination of whether to refer a matter to the attorney general, the department shall consider: (1) the expense of further collection procedures; (2) the size of the debt; (3) the existence of any security; (4) the possibility of collection or satisfaction of the debt through other means; (5) the likelihood of collection; (6) any obligation of the Department to attempt to recover a debt that is imposed by federal law, contract or other agreement; and (7) any other relevant factors established by the department's procedures for collection of debts. (e) Prior to referring a matter to the attorney general, the department shall: (1) verify the debtor's address and telephone number; (2) conclude that the obligation is not uncollectible; and (3) transmit no more than two demand letters to the debtor at the debtor's verified address, except as required for the collection of debts or overpayments arising out of the CACFP, 7 CFR Part 226, or the SFSP, 7 CFR Part 225. Source Note: The provisions of this §1.53 adopted to be effective August 3, 1993, 18 TexReg 4747; amended to be effective June 29, 2008, 33 TexReg 4866; amended to be effective June 24, 2012, 37 TexReg 4409

SUBCHAPTER B CONSOLIDATED LICENSES ***RULE §2.11 License Specifications***

(a) The department may issue a consolidated license to a person who holds multiple licenses, certifications, and/or registrations issued by the department on the submission of completed application forms for the component licenses and submission of the appropriate fee. The department shall not issue a consolidated license unless and until the applicant fulfills all of the prerequisites for each of the component licenses. (b) A consolidated license authorizes each of the activities of the component licenses. (c) Application/Renewal. (1) An applicant for an initial consolidated license shall pay the licensing fee prior to the issuance of the license. The department will prorate the fee for a new consolidated license to coincide with the expiration date of the license. (2) An applicant for the renewal of a consolidated license shall pay the license fee on or before the expiration date of the license. A person who fails to submit a renewal fee on or before the expiration date of the license shall pay, in addition to the renewal fee, the late fee provided by the Texas Agriculture Code, §12.024. If a person's license has been expired for one year or longer, the person may not renew the license but must comply with the requirements and procedure for obtaining an original license. (d) Expiration. A consolidated license will expire on the last day of the month corresponding to the license anniversary date. Source Note: The provisions of this §2.11 adopted to be effective April 23, 1998, 23 TexReg 3821; amended to be effective December 21, 2005, 30 TexReg 8425

SUBCHAPTER H REQUESTS FOR PUBLIC INFORMATION ***RULE §1.404 Prepayments and Waiver of Public Information Charges***

(a) The department requires prepayment of all charges prior to release of public information, unless the charges total $100 or less. The requester will be contacted by a department representative once the cost of filling the request is determined. Each component of the total charge will be indicated on the department's billing form in order to provide full disclosure to the requester. The prepayment requirement may be waived by the department in appropriate circumstances. (b) The department will waive the charge for any public information request that, without the waiver, would result in a total charge of $40.00 or less. (c) The department will furnish public information without charge or at a reduced charge if the department determines that a waiver or reduction in fees is in the public interest. Source Note: The provisions of this §1.404 adopted to be effective August 23, 1996, 21 TexReg 7657; amended to be effective August 30, 2000, 25 TexReg 8376; amended to be effective June 29, 2008, 33 TexReg 4866

SUBCHAPTER C MINORITY PURCHASING ***RULE §1.75 Outreach***

(a) The department will attend forums sponsored by the Comptroller of Public Accounts relating to HUBs to improve its efforts in soliciting these businesses for bidding on department contracts. (b) The department will actively pursue opportunities to distribute brochures, pamphlets, and other literature regarding the department's HUB recruitment program to the public. Source Note: The provisions of this §1.75 adopted to be effective January 31, 1994, 19 TexReg 345; amended to be effective June 16, 2004, 29 TexReg 5780; amended to be effective June 29, 2008, 33 TexReg 4866

SUBCHAPTER C MINORITY PURCHASING ***RULE §1.73 Identification of Historically Underutilized Businesses (HUBs)***

(a) The department will obtain the Texas Historically Underutilized Business Certification Directory from the Comptroller of Public Accounts to identify minority and female-owned businesses certified as HUBs in the state. (b) The department will use the directory to solicit bids from such businesses on all contract and open market purchases for which it has jurisdiction to contract pursuant to the Texas Government Code, Chapter 2155. Source Note: The provisions of this §1.73 adopted to be effective January 31, 1994, 19 TexReg 345; amended to be effective June 16, 2004, 29 TexReg 5780; amended to be effective June 29, 2008, 33 TexReg 4866

SUBCHAPTER J AGRICULTURAL LIEN DISPUTES ***RULE §1.605 Process for Evaluating the Dispute; Role of the Department***

(a) The dispute shall be evaluated using the definitions and standards provided in the Texas Agriculture Code, Chapters 128 and 188 and any documentation provided by parties in support of their positions. (b) The department facilitator shall act as an impartial third party in the settlement process with a goal of achieving settlement of the matter between parties. The facilitator may not impose his or her own judgment on the issues for that of the parties. (c) At the conclusion of the settlement conference, the facilitator shall issue a report on the matter, outlining what, if any, agreements were reached in the process and what, if any, issues still remain to be resolved. Source Note: The provisions of this §1.605 adopted to be effective September 22, 1997, 22 TexReg 9242.

SUBCHAPTER B COLLECTION OF DEBTS ***RULE §1.52 Demand Letters***

(a) The division responsible for determining an obligation is owed the department shall cause a demand letter to be sent no later than 30 days after the obligation becomes delinquent. A notation shall be made that a copy is being sent to the attorney general who may file a lawsuit on the account. (b) Demand letters should be mailed in envelopes bearing the notation "address correction requested" and shall comply with applicable requirements for address verification in 39 Code of Federal Regulations §265(d). If an address correction is provided by the United States Postal Service, the demand letter should be sent to the corrected address prior to being referred to the attorney general for collection. (c) This section shall not apply to the collection of debts or overpayments arising out of the Child and Adult Care Food Program (CACFP), 7 CFR Part 226, or the Summer Food Service Program (SFSP), 7 CFR Part 225. CACFP collection procedures are set forth in 7 CFR §226.14. SFSP collection procedures are set forth in 7 CFR §225.12. Source Note: The provisions of this §1.52 adopted to be effective August 3, 1993, 18 TexReg 4747; amended to be effective June 24, 2012, 37 TexReg 4409; amended to be effective December 21, 2015, 40 TexReg9114

§201.5 Procedures for the Petition for Adoption of Rules

(a) The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise. (1) Person--Any individual, partnership, corporation, association, governmental subdivision, or public or private organization of any character other than an agency. (2) Rule--Any Commission statement of general applicability that implements, interprets, or explains any statute, law, or policy related to the death care industry or describes the procedure or practice requirements of the Commission. The term includes the amendment or repeal of a prior rule. It does not include statements concerning only the internal management or organization of the Commission not affecting private rights or procedures. (b) Any interested person may submit a petition to the Commission requesting the adoption, amendment, or repeal of a rule. Petitions will be deemed submitted only when actually received in printed form by the Executive Director or his/her designee. (c) Each petition will clearly state: (1) the proposed rule(s), including the specific language recommended; (2) a brief explanation of the proposed rule; (3) the statutory or other authority under which the rule is proposed to be promulgated, including a concise explanation of the particular statute or other provisions under which the rule is proposed; (4) the rationale or justification for the adoption, amendment, or repeal of the rule, including the public benefit to be expected. (d) If the petition cannot be placed on the next regularly scheduled Commission agenda within 60 days after receiving the petition, the Executive Director shall automatically deny the petition and notify the petitioner of the denial. A petitioner may waive the 60 day response period in writing. (e) When a petition is received that meets the requirements of subsection (c) of this section and is not automatically denied under subsection (d) of this section, the Executive Director will forward the petition to the Presiding Officer of the Commission who will either assign the task to staff or an appropriate group of interested persons to study the petition and make a recommendation to the Commissioners. (f) The Commissioners will consider the submission of a petition and may either deny the petition or instruct the Executive Director to initiate rulemaking proceedings in accordance with the Administrative Procedure and Texas Register Act. (g) In the event a petition is denied, the Executive Director will advise the interested person who submitted the petition in writing of the denial and will state the reason for the denial by the Commissioners. Source Note: The provisions of this §201.5 adopted to be effective October 18, 2015, 40 TexReg 7065

SUBCHAPTER B DUTIES OF A FUNERAL ESTABLISHMENT/LICENSEE ***RULE §203.24 Display of License***

(a) The funeral establishment license shall be conspicuously displayed in an area of the establishment open and accessible to the general public. (b) If a license holder is in contact with the public during the course of his or her job, the funeral establishment shall conspicuously display the holder's license in each place of business at which the license holder practices. (c) If a license holder is not in contact with the public during the course of his or her job, the funeral establishment shall make the license available for inspection in each place of business at which the license holder practices. (d) A license is conspicuously displayed when it is placed in an area of the funeral establishment generally accessed by a consumer making funeral arrangements. (e) The displayed license must be an original non-expired license issued by the Commission. (f) In the event the license holder who assists the public and/or embalms a dead human body is a temporary employee of the funeral establishment, the funeral establishment shall maintain a copy of the license holder's original license for inspection by a customer or prospective customer. The copy of the license holder's original license shall be maintained for a period of two years after the temporary employment occurred. (g) If a regular full or regular part time employee is no longer employed by the funeral establishment, the funeral establishment shall maintain a copy of the license holder's original license for a period of two years after the employment ends. Source Note: The provisions of this §203.24 adopted to be effective October 18, 2015, 40 TexReg 7069; amended to be effective July 11, 2017, 42 TexReg 3485; amended to be effective October 3, 2019, 44 TexReg 5625

SUBCHAPTER B DUTIES OF A FUNERAL ESTABLISHMENT/LICENSEE ***RULE §203.29 In-Casket Identification***

(a) The inside of each casket must contain a durable, waterproof identification of the deceased person, including the person's name, date of birth, and date of death. (b) Funeral establishments are exempt from complying with subsection (a) of this section if the deceased, family of the deceased, religious norms or cultural norms oppose such inclusion. A funeral establishment must keep a record of each instance of use of this exemption and on what grounds the exemption was applied. Source Note: The provisions of this §203.29 adopted to be effective October 18, 2015, 40 TexReg 7069

SUBCHAPTER E ADMINISTERING GRANTS ***RULE §3.2513 Grant Adjustments***

(a) The project director, financial officer, or authorized official may submit requests for grant adjustments. (b) Adjustments consisting of increases or decreases in the amount of a grant or the reallocation of grant funds among or within approved budget categories are allowable only with prior CJD approval. (c) Programmatic changes, such as requests to revise the scope, target, or focus of the project, or alter project activities require prior approval from CJD. Requests to extend the grant period must be submitted to and received by CJD, no later than the last day of the grant period. Source Note: The provisions of this §3.2513 adopted to be effective February 24, 2000, 25 TexReg 1297; amended to be effective September 9, 2001, 26 TexReg 6645; amended to be effective December 16, 2002, 27 TexReg 11729; amended to be effective October 13, 2003, 28 TexReg 8873; amended to be effective June 9, 2004, 29 TexReg 5575; amended to be effective August 6, 2007, 32 TexReg 4747; amended to be effective June 21, 2009, 34 TexReg 3925

SUBCHAPTER J AGRICULTURAL LIEN DISPUTES ***RULE §1.606 Effect of Results***

(a) The results of the settlement conference are not binding unless the parties agree otherwise. (b) If the parties reach a settlement and choose to execute a written agreement disposing of the dispute, the agreement is enforceable in the same manner as any other written contract. (c) If no settlement is reached, the lien claimant may proceed to file a notice of claim of lien in accordance with Texas Agriculture Code, Chapters 128 and 188. Source Note: The provisions of this §1.606 adopted to be effective September 22, 1997, 22 TexReg 9242.

SUBCHAPTER A GENERAL RULES OF PRACTICE ***RULE §1.3 Scope and Construction of Rules***

(a) These rules shall govern the procedure for the institution, conduct, and determination of all causes, licensing, and proceedings before the department including hearings referred to SOAH by the department, as well as the procedure for the adoption of all rules promulgated by the department. They shall not be construed so as to enlarge, diminish, modify, or alter the jurisdiction, powers, authority, or the substantive rights of any person or the department. (b) When references are made to the Administrative Procedure Act (the Act), the words "agency," "an agency," or "the agency" used therein shall be taken to mean the department. When references are made to the Texas Rules of Civil Procedure, or the Texas Rules of Civil Evidence, the word "court" used therein shall be taken to mean the department, or where appropriate, SOAH, and the word "clerk" shall mean the hearings clerk for the department, or where appropriate, SOAH. Any reference to provisions of the Act or rules shall mean the provision cited as currently in force or as it shall be hereafter amended. (c) Where there is a conflict between these rules and the joint memorandum of understanding between the department and SOAH found at 1.310 of this title (relating to the Joint Memorandum of Understanding (MOU) Between the Texas Department of Agriculture (TDA) and the State Office of Administrative Hearings (SOAH) Concerning Procedures for Contested Cases Conducted by SOAH for TDA), the joint memorandum of understanding shall control. (d) In the case of the application of these rules to a hearing conducted by SOAH where there is a conflict between these rules and the SOAH procedural rules found at Title 1, Part 7, Chapter 155, the SOAH rules shall control. Source Note: The provisions of this §1.3 adopted to be effective January 18, 1991, 16 TexReg 113; amended to be effective August 3, 1993, 18 TexReg 4747; amended to be effective August 23, 1996, 21 TexReg 7656; amended to be effective August 30, 2000, 25 TexReg 8375

SUBCHAPTER ALICENSING ***RULE §203.2 Military Licensing***

(a) This subsection applies to a military service member, military veteran or military spouse as defined by Occupations Code Chapter 55. (b) The Commission shall issue an expedited license to an applicant described in subsection (a) of this section who: (1) holds a current license issued by another jurisdiction that has licensing requirements that are substantially equivalent to the requirements for the license in this state; or (2) within the five years preceding the application date held a license in this state. (c) The Executive Director may allow an applicant described under subsection (b) of this section to demonstrate competency by alternative methods in order to meet the requirements for obtaining a particular license issued by the Commission. In lieu of the standard method(s) of demonstrating competency for a particular license, and based on the applicant's circumstances, the alternative methods for demonstrating competency may include any combination of the following as determined by the Commission: (1) education; (2) continuing education; (3) examinations (written and/or practical); (4) letters of good standing; (5) letters of recommendation; (6) work experience; or (7) other methods required by the Executive Director. (d) The Commission shall waive any application or examination fees for an applicant who is: (1) a military service member or military veteran whose military service, training, or education substantially meets all of the requirements for the license; or (2) a military service member, military veteran, or military spouse who holds a current license issued by another jurisdiction that has licensing requirements that are substantially equivalent to the requirements for the license in this state. Source Note: The provisions of this §203.2 adopted to be effective October 18, 2015, 40 TexReg 7065

SUBCHAPTER A GENERAL RULES OF PRACTICE ***RULE §1.13 Docketing and Numbering of Cases; Notice of Hearing; Location of Hearings***

(a) Upon receipt of a pleading which is intended to institute a proceeding before the department and complies with this chapter as to form and content, the hearings clerk shall docket the same as a pending proceeding, number it in accordance with any established docket numbering system of the department, and assign an administrative law judge to the action. If the action is to be referred to SOAH for hearing, the action shall be referred to SOAH in accordance with the joint memorandum of understanding between the department and SOAH. (b) Upon the receipt of a request for setting of a hearing on a docketed case, the hearings clerk shall, in coordination with the administrative law judge assigned to the case, set a hearing date and prepare the notice of hearing. If the case has been referred to SOAH for hearing, the setting of the hearing and preparation and mailing of the notice of hearing shall be done in accordance with the joint memorandum of understanding between the department and SOAH. (c) Except as provided in subsection (b) of this section, the notice of hearing shall be issued by the administrative law judge and served on parties as provided at §1.5 of this title (relating to Filing and Service of Documents). (d) The notice of hearing shall comply with the provisions of the Administrative Procedure and Texas Register Act, §2001.052. (e) Except upon a showing of good cause, all contested case hearings in which the department is a party shall be held at the offices of SOAH located in Austin. For cases heard by the department under the Texas Agriculture Code (the Code), Chapter 103, the location of hearings shall be provided in the Code, §103.006. A party may request a change of location by sending a written request stating the reasons compelling such a change to the administrative law judge assigned to the case. Any such request shall conform with the requirements of these rules and shall be served upon parties in accordance with §1.5 of this title (relating to Filing and Service of Documents). Source Note: The provisions of this §1.13 adopted to be effective January 18, 1991, 16 TexReg 113; amended to be effective August 3, 1993, 18 TexReg 4747; amended to be effective August 23, 1996, 21 TexReg 7656.

SUBCHAPTER Q PROTEST OF CONTRACT AWARDS OR AGENCY PROCUREMENT PROCEDURES ***RULE §1.1102 Disposition of Protests by the Responsible Individual***

(a) Upon receipt of a timely protest that conforms with this subchapter, the Responsible Individual of the division or office that is responsible for the procurement will review the protest. The Responsible Individual may request written responses to the protest from any staff of the agency and may request from the agency staff any and all documents related to the protest. The Responsible Individual may solicit written responses to the protest from other interest parties. (b) The Responsible Individual has the authority, prior to appeal to the Commissioner or Deputy Commissioner, to settle and resolve the dispute over the solicitation or award of a contract. (c) If the protest is not resolved by mutual written agreement, the Responsible Individual shall within 30 calendar days of receipt of a timely protest that conforms with this subchapter, issue a written determination regarding the protest. The Responsible Individual shall consult with the Office of General Counsel and the agency's Financial Services Division prior to issuing a written determination on the protest. (d) The Responsible Individual shall inform the protesting party, the agency, and other interested parties of the written determination, denying or sustaining the protest, in whole or in part, setting forth the reasons for the determination. The written determination may set forth any appropriate remedial action, including a decision that: (1) all or any portion of the award be rebid or repurchased; (2) limits or shortens the term of any existing contract and requires rebid or repurchase of the procurement; or (3) cancels or declares the contract void, and requires rebid or repurchase of the procurement. (e) A protest or appeal that is not timely filed with the Responsible Individual will not be considered unless good cause for delay is shown and the Commissioner or Deputy Commissioner determines that the protest raises issues that are significant to agency procurement practices or procedures in general. (f) Unless a protesting party or interested party timely files an appeal pursuant to §1.1103 of this subchapter (relating to Appeal), the final written determination of the Responsible Individual is the final administrative action of the agency. Source Note: The provisions of this §1.1102 adopted to be effective March 26, 2013, 38 TexReg 1971

SUBCHAPTER K EMPLOYEE TRAINING RULES ***RULE §1.700 General Provisions***

(a) Use of state funds. The department may use state funds to provide training and education for its employees in accordance with the provisions of the Texas Government Code, §§656.044 - 656.049. (1) Training to be duty related. The training or education shall be related to the duties or prospective duties of the employee. (2) Attendance may be required. A department employee may be required to attend, as part of the employee's duties, a training or education program related to the employee's duties or prospective duties. (3) Training program outline. The training and educational program of the department may include the following four elements: (A) preparing for technological and legal developments; (B) increasing work capabilities; (C) increasing the number of qualified employees in areas designated by institutions of higher education as having an acute faculty shortage; and (D) increasing the competence of state employees. (4) Purposes for which public funds may be used. The department may spend public funds as appropriate to pay the salary, tuition and other fees, travel and living expenses, training stipend, expense of training materials, and other necessary expenses of an instructor, student or other participant in a training or education program. No reimbursement will be made for refundable fees and textbooks. (5) Interagency coordination. The department may contract with another state, local or federal department, agency, or institution, including a state-supported college or university, to train or educate its employees or may join in presenting a training or educational program. (b) Approval subject to available funds. Approval to participate in a training program is not automatic and may be subject to the availability of funds within the department's budget. Source Note: The provisions of this §1.700 adopted to be effective June 24, 1998, 23 TexReg 6435; amended to be effective August 30, 2000, 25 TexReg 8376; amended to be effective June 29, 2008, 33 TexReg 4866

SUBCHAPTER DCONDITIONS OF GRANT FUNDING ***RULE §3.2009 Cooperative Working Agreement***

(a) When a grantee intends to carry out a grant project through cooperating or participating with one or more outside organizations, the grantee must ensure that the cooperative working agreement is signed by each participating organization. Grantees must maintain on file a signed copy of all cooperative working agreements. (b) Cooperative working agreements do not involve an exchange of funds. Source Note: The provisions of this §3.2009 adopted to be effective February 24, 2000, 25 TexReg 1297; amended to be effective July 16, 2000, 25 TexReg 6485; amended to be effective December 16, 2002, 27 TexReg 11729; amended to be effective October 13, 2003, 28 TexReg 8873; amended to be effective June 9, 2004, 29 TexReg 5575; amended to be effective June 22, 2006, 31 TexReg 4855; amended to be effective June 21, 2009, 34 TexReg 3925

TITLE 1 ADMINISTRATION PART 1 OFFICE OF THE GOVERNOR CHAPTER 3 CRIMINAL JUSTICE DIVISION SUBCHAPTER A GENERAL GRANT PROGRAM PROVISIONS ***RULE §3.5 Submission Process***

(a) When applying for a grant pursuant to a RFA published in the Texas Register by CJD, applicants must submit and certify their applications according to the requirements provided in the RFA. (b) CJD may also consider applications for grants that are not submitted pursuant to an RFA. Applicants will be selected in accordance with §3.7(b) of this chapter. (c) Applicants must apply for funds using the procedures, forms, and certifications prescribed by CJD. Source Note: The provisions of this §3.5 adopted to be effective February 24, 2000, 25 TexReg 1297; amended to be effective September 9, 2001, 26 TexReg 6645; amended to be effective December 16, 2002, 27 TexReg 11729; amended to be effective June 9, 2004, 29 TexReg 5575; amended to be effective August 6, 2007, 32 TexReg 4747; amended to be effective June 21, 2009, 34 TexReg 3925

SUBCHAPTER AGENERAL RULES OF PRACTICE ***RULE §1.8 Published Service in Nonrulemaking Proceedings***

(a) Where published service of notice is prescribed by statute or otherwise, it shall be made by incorporating it in a printed memorandum of notices circulated by the department to those persons entitled by law to receive such notices and published in the Texas Register. (b) All published service of notice for nonrulemaking proceedings before the department shall contain: (1) the name and address of the applicant, petitioner, or other party filing such notice; (2) the name and address of the party's attorney or other representative, if any; (3) the docket number of the proceeding, if any; (4) a statement of the time, place, and nature of the proceeding; (5) a statement of the legal authority and jurisdiction under which the proceeding is being held; (6) a reference to the particular section of the statute or rules involved; (7) a concise statement of the action sought in the proceeding; (8) a statement that any person who desires to appear in such proceeding must file notice of protest with the commissioner within 15 days after the publication of said notice in the Texas Register; and (9) all other matters required by law. (c) The date of publication of all such notices shall be the date on which they were published. (d) If no notice of protest has been received by the commissioner within 15 days after publication of notice pursuant to the terms of this section, that fact shall operate to assign such proceeding to the uncontested docket. (e) Nothing in this section shall be construed as to allow published service of notice for any proceeding in which personal service of notice is required by law. Source Note: The provisions of this §1.8 adopted to be effective January 18, 1991, 16 TexReg 113.

SUBCHAPTER J AGRICULTURAL LIEN DISPUTES ***RULE §1.603 Notice of Dispute; Setting of Conference***

(a) Within seven days of receipt of a request for setting in accordance with §1.602 of this title (relating to Submission of Dispute for Settlement), the department shall: (1) assign a docket number to the matter; (2) appoint a facilitator to conduct a settlement conference; (3) set a date for a settlement conference; and (4) send notice of the settlement conference to parties. (b) The notice to parties shall be sent by certified mail, return receipt requested, or by fax, and shall include: (1) a statement that there is a dispute as to charges owed to the lien claimant; (2) that a settlement conference has been requested and by whom; (3) the date, time and place of the settlement conference; and (4) who to contact for more information. (c) Parties must be notified of the settlement conference at least ten days before the date of the conference. Notification takes place upon the mailing of the notice by the department by certified mail, return receipt requested, to the party's last known mailing address or upon the transmission of the notice by fax to the party's last known fax number. Source Note: The provisions of this §1.603 adopted to be effective September 22, 1997, 22 TexReg 9242.

SUBCHAPTER H TEXAS CRIME STOPPERS PROGRAM ****RULE §3.9023 Transfer of Assets of Funds***

A certified crime stoppers organization is not permitted to receive separate rewards accounts from a certified or non-certified organization. These separate rewards accounts may be transferred only in cases where the two organizations merge as described in §3.9017 or §3.9019 of this chapter. This section does not apply to individual reward payments made by one certified organization on behalf of another certified organization. Source Note: The provisions of this §3.9023 adopted to be effective June 12, 2011, 36 TexReg 3407

SUBCHAPTER H TEXAS CRIME STOPPERS PROGRAM ***RULE §3.9023 Transfer of Assets of Funds***

A certified crime stoppers organization is not permitted to receive separate rewards accounts from a certified or non-certified organization. These separate rewards accounts may be transferred only in cases where the two organizations merge as described in §3.9017 or §3.9019 of this chapter. This section does not apply to individual reward payments made by one certified organization on behalf of another certified organization. Source Note: The provisions of this §3.9023 adopted to be effective June 12, 2011, 36 TexReg 3407

SUBCHAPTER E ADMINISTERING GRANTS ***RULE §3.2503 Obligating Funds***

A grantee may not obligate grant funds before the beginning or after the end of the grant period. Source Note: The provisions of this §3.2503 adopted to be effective February 24, 2000, 25 TexReg 1297; amended to be effective July 16, 2000, 25 TexReg 6485; amended to be effective December 16, 2002, 27 TexReg 11729

SUBCHAPTER R CHILDREN'S ACCESS TO NUTRITIOUS FOOD GRANT PROGRAM ***RULE §1.1204 Reporting Requirements***

A nonprofit organization that receives a grant under this subchapter must report the results of the project to the Department in a manner prescribed by the Department. Source Note: The provisions of this §1.1204 adopted to be effective August 4, 2013, 38 TexReg 4891

SUBCHAPTER M SURPLUS AGRICULTURAL PRODUCTS GRANT PROGRAM ***RULE §1.905 Reporting Requirements***

A nonprofit organization that receives a grant under this subchapter must report the results of the project to the Department in a manner prescribed by the Department. Source Note: The provisions of this §1.905 adopted to be effective November 19, 2001, 26 TexReg 9381

SUBCHAPTER B DUTIES OF A FUNERAL ESTABLISHMENT/LICENSEE ***RULE §203.28 Establishment Chapel Requirements***

All funeral establishments must have a chapel in which funeral services may be conducted. All chapels shall provide, at a minimum: (1) seating for 10; (2) public access; (3) space for the casket; and (4) a lectern or a podium. Source Note: The provisions of this §203.28 adopted to be effective October 18, 2015, 40 TexReg 7069

SUBCHAPTER D CONDITIONS OF GRANT FUNDING ***RULE §3.2023 Tax-Exempt and Nonprofit Information***

All nonprofit corporations must submit with their application, information about the agency's fiscal capability, including information from the Internal Revenue Service granting the corporation tax-exempt status. Source Note: The provisions of this §3.2023 adopted to be effective February 24, 2000, 25 TexReg 1297; amended to be effective December 16, 2002, 27 TexReg 11729; amended to be effective October 13, 2003, 28 TexReg 8873; amended to be effective August 6, 2007, 32 TexReg 4747; amended to be effective June 21, 2009, 34 TexReg 3925

SUBCHAPTER O HOME-DELIVERED MEAL GRANT PROGRAM ***RULE §1.954 Eligibility for Grant***

An Organization is eligible to receive a grant under this subchapter if it: (1) administers a home-delivered meal program and is a direct provider of home-delivered meals to Elderly persons and/or persons with a Disability; (2) (if a nonprofit private organization) has a volunteer board of directors; (3) practices nondiscrimination; (4) has an accounting system or fiscal agent approved by the county where it provides meals; (5) has a system to prevent the duplication of services to clients; (6) has received a grant from the county in which the Organization is delivering meals, in accordance with §1.953 of this title (relating to County Grant Required); (7) has submitted an application in accordance with §1.955 of this title (relating to Application); and (8) agrees to use funds received under this subchapter only to supplement or extend existing home-delivered meal services. Source Note: The provisions of this §1.954 adopted to be effective September 11, 2007, 32 TexReg 6127

SUBCHAPTER A GENERAL RULES OF PRACTICE ***RULE §1.16 Consolidation or Separation of Matters***

Consistent with notices required by law, the department may consolidate or separate matters following the provisions of the Texas Rules of Civil Procedure, Rule 174. Source Note: The provisions of this §1.16 adopted to be effective January 18, 1991, 16 TexReg 113

SUBCHAPTER B DUTIES OF A FUNERAL ESTABLISHMENT/LICENSEE ***RULE §203.26 Presentation of Consumer Brochure***

Consumer brochures as promulgated under §201.7 of this title (relating to Preparation and Dissemination of Consumer Information) shall be prominently displayed in the public view, offered free of charge for keeping to any person, and presented at the beginning of the arrangement conference for the disposition of a dead body. Source Note: The provisions of this §203.26 adopted to be effective October 18, 2015, 40 TexReg 7069; amended to be effective October 3, 2019, 44 TexReg 5625

SUBCHAPTER O HOME-DELIVERED MEAL GRANT PROGRAM ***RULE §1.959 Eligibility of Persons Served***

Each Grantee using grant funds received under this subchapter toward the preparation or delivery of a Home-delivered meal must document that persons receiving a meal funded under this subchapter are Homebound Elderly persons or Homebound persons with a Disability as defined in §1.951 of this title (relating to Definitions). Source Note: The provisions of this §1.959 adopted to be effective September 11, 2007, 32 TexReg 6127

SUBCHAPTER D CONDITIONS OF GRANT FUNDING ***RULE §3.2021 Resolutions***

Applications from non-profit corporations, local units of governments and other political subdivisions must include a resolution that contains the following: (1) authorization for the submission of the application to CJD that clearly identifies the project for which funding is requested; (2) a commitment to provide for all applicable matching funds; (3) a designation of the name or title of an authorized official who is given the power to apply for, accept, reject, alter, or terminate a grant (if this designation changes during the grant period, a new resolution must be submitted to CJD); and (4) a written assurance that, in the event of loss or misuse of grant funds, the governing body will return all funds to CJD. Source Note:The provisions of this §3.2021 adopted to be effective February 24, 2000, 25 TexReg 1297; amended to be effective July 16, 2000, 25 TexReg 6485; amended to be effective September 9, 2001, 26 TexReg 6645; amended to be effective December 16, 2002, 27 TexReg 11729; amended to be effective October 13, 2003, 28 TexReg 8873; amended to be effective June 21, 2009, 34 TexReg 3925; amended to be effective January 1, 2015, 39 TexReg 10393

SUBCHAPTER K EMPLOYEE TRAINING RULES ***RULE §1.702 No Effect on At-Will Employment Status***

Approval to participate in a training program, including department-sponsored training, seminars or conferences shall not in any way affect an employee's at-will status. The approval of a training program is not a guarantee or indication that approval will be granted for subsequent training programs. Approval to participate in a training program, including department-sponsored training, seminars or conferences shall not in any way constitute a guarantee or indication of continued employment, nor shall it constitute a guarantee or indication of future employment in a current or prospective position. Source Note: The provisions of this §1.702 adopted to be effective June 24, 1998, 23 TexReg 6435

SUBCHAPTER H TEXAS CRIME STOPPERS PROGRAM ***RULE §3.9015 Review***

By accepting certification, a crime stoppers organization agrees to the following conditions of review: (1) CJD will review the activities of a crime stoppers organization that is certified by the Council as necessary to ensure that the organization's finances and programs further the crime prevention purposes of the organization in compliance with the laws and rules governing crime stoppers organizations. (2) CJD may perform a desk review or an on-site review at the organization's location. In addition, CJD may request that the organization submit relevant information to CJD to support any review. (3) After a review, the organization shall be notified in writing of any noncompliance identified by CJD in the form of a preliminary report. (4) The organization shall respond to the preliminary report within a time frame specified by CJD. (5) The organization's response shall become part of the final report, which shall be submitted to the organization and the director of the Council. (6) The director of the Council may create a corrective action plan for a noncompliant organization to assist the organization in coming back into compliance, which must specify the actions to be taken by the organization and the time the organization has to complete them. (7) Any noncompliance, including an organization's failure to provide adequate documentation upon request, may serve as grounds for decertification or non-renewal of certification of the organization by the Council. Source Note: The provisions of this §3.9015 adopted to be effective August 26, 2003, 28 TexReg 6805; amended to be effective July 11, 2010, 35 TexReg 5803; amended to be effective June 12, 2011, 36 TexReg 3407; amended to be effective March 26, 2020, 45 TexReg 1975

SUBCHAPTER O HOME-DELIVERED MEAL GRANT PROGRAM ***RULE §1.958 Service Requirements***

Each Grantee using grant funds received under this subchapter toward the preparation or delivery of a Home-delivered meal must provide such meal in accordance with the service requirements outlined in Title 40 Texas Administrative Code, §55.27(a) and (c), or other applicable local, state or federal regulations relating to the delivery, transportation, packaging of home-delivered meals, or the handling of undelivered meals. Source Note: The provisions of this §1.958 adopted to be effective September 11, 2007, 32 TexReg 6127

SUBCHAPTER O HOME-DELIVERED MEAL GRANT PROGRAM ***RULE §1.956 Nutritional Standards***

Each Home-delivered meal to which grant funds are applied shall be approved by a Dietary Consultant. Each meal must meet 1/3 of the recommended dietary allowance (RDA) for adults and the Dietary Guidelines for Americans, or if the organization receives funding through the Texas Department of Aging and Disability Services, the Dietary Reference Intakes (DRI) as and when established by the Texas Department of Aging and Disability Services. The approval must occur and be documented prior to the date the meal is served. Source Note: The provisions of this §1.956 adopted to be effective September 11, 2007, 32 TexReg 6127; amended to be effective November 22, 2011, 36 TexReg 7861

SUBCHAPTER E ADMINISTERING GRANTS ***RULE §3.2515 Bonding***

Each nonprofit corporation receiving funds from CJD must obtain and have on file a blanket fidelity bond that indemnifies CJD against the loss and theft of the entire amount of grant funds. The cost of the bond is an eligible expense of the grant. Source Note: The provisions of this §3.2515 adopted to be effective February 24, 2000, 25 TexReg 1297; amended to be effective July 16, 2000, 25 TexReg 6485; amended to be effective December 16, 2002, 27 TexReg 11729; amended to be effective June 9, 2004, 29 TexReg 5575

SUBCHAPTER B GRANT BUDGET REQUIREMENTS ***RULE §3.87 Program Income***

Earned program income must be reported to CJD. Program income may only be used, with prior approval from CJD, for allowable project costs as reflected in an approved budget. Grantees may not carry forward program income from one grant year to the next. Grantees must refund to CJD any program income remaining at the end of the grant period. Source Note: The provisions of this §3.87 adopted to be effective February 24, 2000, 25 TexReg 1297; amended to be effective July 16, 2000, 25 TexReg 6485; amended to be effective December 16, 2002, 27 TexReg 11729; amended to be effective April 2, 2003, 28 TexReg 2737; amended to be effective October 13, 2003, 28 TexReg 8873; amended to be effective February 17, 2005, 30 TexReg 661; amended to be effective June 22, 2006, 31 TexReg 4855; amended to be effective June 21, 2009, 34 TexReg 3925

SUBCHAPTER N FOOD AND FIBERS RESEARCH GRANT PROGRAM RULES ***RULE §1.928 Reporting Requirements***

Grant recipients shall submit required reports and payment vouchers in accordance with Department procedures, and as specified in the grant agreement entered into by the Department and the grant recipient. Source Note: The provisions of this §1.928 adopted to be effective April 19, 2006, 31 TexReg 3252

SUBCHAPTER L URBAN SCHOOLS GRANTS PROGRAM ***RULE §1.804 Reporting Requirement***

Grant recipients shall submit required reports in accordance with department procedures, and as specified in the grant agreement entered into by the department and the grant recipient. Source Note: The provisions of this §1.804 adopted to be effective November 22, 1999, 24 TexReg 10317; amended to be effective September 1, 2011, 36 TexReg 5347

SUBCHAPTER O HOME-DELIVERED MEAL GRANT PROGRAM ***RULE §1.962 Access to Grantee Records***

Grantee shall permit the Department and any other authorized governmental entity, through any authorized representatives, the access to and right to examine all records, books, papers, contracts, or other documents, including permits, related to grant funds received pursuant to this subchapter. Source Note: The provisions of this §1.962 adopted to be effective September 11, 2007, 32 TexReg 6127

SUBCHAPTER B GRANT BUDGET REQUIREMENTS ***RULE §3.77 Professional and Contractual Services***

Grantees must establish a contract administration system to consistently ensure that contract deliverables are being provided as specified in the contracts. Source Note: The provisions of this §3.77 adopted to be effective February 24, 2000, 25 TexReg 1297; amended to be effective July 16, 2000, 25 TexReg 6485; amended to be effective December 16, 2002, 27 TexReg 11729; amended to be effective October 13, 2003, 28 TexReg 8873; amended to be effective June 9, 2004, 29 TexReg 5575; amended to be effective June 21, 2009, 34 TexReg 3925

SUBCHAPTER H TEXAS CRIME STOPPERS PROGRAM ***RULE §3.9019 Mergers of Non-certified Organizations to Certified Organizations***

If a certified crime stoppers organization agrees with a non-certified crime stoppers organization to merge and form a multi-county or multi-jurisdictional (e.g., county and city) organization, the merged organization must apply for continuing certification, and the following procedures must be followed: (1) The certified crime stoppers organization that wants to merge with a non-certified 501(c)(3) crime stoppers organization must have contiguous borders. (2) The merging organizations must choose a name for the merged organization unless both organizations agree to operate under the name of one of the existing organizations. (3) The merged organization must file the following documents with the director of the Council requesting certification under a new name (if applicable) and with the expanded geographic territory or jurisdiction: (A) All required Texas Secretary of State, Texas Comptroller, and United States Internal Revenue Service (IRS) required forms and documentation for mergers and dissolutions, as applicable, or as specified by the director of the Council; (B) IRS compliance documents for dissolution of a 501(c)(3) non-profit corporation and a 501(c)(3) letter authorizing the organization to operate under the new name (if applicable); (C) Texas Secretary of State compliance documents for 501(c)(3) non-profit corporations, as applicable, or as specified by the director of the Council; (D) Application for Continuing Certification under the new name (if applicable) and with an expanded geographic territory or jurisdiction; (E) Copies of financial reviews of all bank accounts held by the non-certified 501(c)(3) crime stoppers organization; (F) If the financial review establishes that at any time the non-certified 501(c)(3) crime stoppers organization was certified by the Council and received court fees under Articles 37.073 and 42.152 and Chapter 42A, Texas Code of Criminal Procedure, and failed to return all court fees to the state comptroller within 60 days following the loss of certification, as required by §414.010(c), Texas Government Code, a copy of the check for the outstanding court fees, made payable to the Office of the Comptroller, or other satisfactory proof, must be submitted with the application for certification; (G) Copy of board of directors membership list of the merged organization, to include contact information for board members, the law enforcement coordinator, and executive director (if applicable); (H) The dates and locations that at least one board member (if applicable), the law enforcement coordinator, and an executive director (if applicable) received training as authorized by the Council within the 24-month period preceding the merger; (I) Copies of the minutes of the boards of directors meetings of the certified crime stoppers organization and the non-certified 501(c)(3) crime stoppers organization in which the boards voted to merge their organizations; (J) Copy of a cooperative agreement or memorandum of understanding (MOU) between the merged organizations regarding the merger and a copy of each organization's minutes of the board of directors for the meeting where the agreement or MOU is approved; and (K) Additional information specified by a vote of the Council for inclusion in the application for continuing certification that is necessary for the Council to make the determination for certification required by §414.011(a) of the Texas Government Code or to fulfill its duties under §414.005 of the Texas Government Code. The director of the Council may request further information needed to clarify a question raised in the examination of the materials submitted as part of the application. (4) If the director of the Council determines that the merged organization meets all requirements of this section, the merged organization will be presented to the Council for determination as to whether the merged organization meets the requirements for certification at the Council's next regularly scheduled meeting. (5) Once the Council grants certification, the merged organization may merge or consolidate the separate rewards accounts of the merged organizations. The merged organization also will be eligible to apply to the relevant CSCDs to receive court fees under the provisions of Articles 37.073 and 42.152 and Chapter 42A, Texas Code of Criminal Procedure. (6) The merged organization's "Excess Funds Accounts," as described in §414.010(d) of the Texas Government Code, may only be comprised of those funds that were previously in each individual organization's "Excess Funds Accounts." (7) The certification is valid for a period of two years. Source Note: The provisions of this §3.9019 adopted to be effective June 21, 2009, 34 TexReg 3929; amended to be effective July 11, 2010, 35 TexReg 5803; amended to be effective June 12, 2011, 36 TexReg 3407; amended to be effective July 1, 2012, 37 TexReg 4851; amended to be effective March 26, 2020, 45 TexReg 1975

SUBCHAPTER H TEXAS CRIME STOPPERS PROGRAM ***RULE §3.9017 Mergers of Certified Organizations***

If a certified crime stoppers organization agrees with another certified crime stoppers organization to merge and form a multi-county or multi-jurisdictional (e.g., county and city) organization, the merged organization must apply for continuing certification, and the following procedures must be followed: (1) The certified crime stoppers organizations that want to merge must have contiguous borders. (2) The merging organizations must choose a name for the merged organization unless both organizations agree to operate under the name of one of the existing organizations. (3) The merged organization must file the following documents with the director of the Council requesting certification under a new name (if applicable) and with the expanded geographic territory or jurisdiction: (A) All required Texas Secretary of State, Texas Comptroller, and United States Internal Revenue Service (IRS) required forms and documentation for mergers and dissolutions, as applicable, or as specified by the director of the Council; (B) IRS compliance documents for dissolution of a 501(c)(3) non-profit corporation and a 501(c)(3) letter authorizing the organization to operate under the new name (if applicable); (C) Texas Secretary of State compliance documents for 501(c)(3) non-profit corporations, as applicable, or as specified by the director of the Council; (D) Application for Continuing Certification under the new name (if applicable) and with an expanded geographic territory or jurisdiction; (E) Copy of board of directors membership list of the merged organization, to include contact information for board members, the law enforcement coordinator, and the executive director (if applicable); (F) The dates and locations that at least one board member (if applicable), the law enforcement coordinator, and an executive director (if applicable) received training as authorized by the Council within the 24-month period preceding the merger; (G) Copies of the minutes of the boards of directors meetings of both certified crime stoppers organizations in which the boards voted to merge their organizations; (H) Copy of a cooperative agreement or memorandum of understanding (MOU) between the merged organizations regarding the merger and a copy of each organization's minutes of the board of directors for the meeting where the agreement or MOU is approved; and (I) Additional information specified by a vote of the Council for inclusion in the application for continuing certification that is necessary for the Council to make the determination for certification required by §414.011(a) of the Texas Government Code or to fulfill its duties under §414.005 of the Texas Government Code. The director of the Council may request further information needed to clarify a question raised in the examination of the materials submitted as part of the application. (4) If the director of the Council determines that the merged organization meets all requirements within paragraphs (1) - (3) of this section, the merged organization will be presented to the Council for determination as to whether the merged organization meets the requirements for certification at the Council's next regularly scheduled meeting. (5) Once the Council grants certification, the merged organization may merge or consolidate the separate rewards accounts of both organizations. The merged organization will also be eligible to apply to the relevant CSCDs to receive court fees under the provisions of Articles 37.073 and 42.152 and Chapter 42A, Texas Code of Criminal Procedure. (6) The merged organization's "Excess Funds Accounts," as described in §414.010(d) of the Texas Government Code, may only be comprised of those funds that were previously in each individual organization's "Excess Funds Accounts." (7) The certification is valid for a period of two years. Source Note: The provisions of this §3.9017 adopted to be effective June 21, 2009, 34 TexReg 3929; amended to be effective July 11, 2010, 35 TexReg 5803; amended to be effective June 12, 2011, 36 TexReg 3407; amended to be effective July 1, 2012, 37 TexReg 4851; amended to be effective March 26, 2020, 45 TexReg 1975

SUBCHAPTER E ADMINISTERING GRANTS ***RULE §3.2517 Remedies for Noncompliance***

If a grantee fails to comply with any term or condition of a grant or any applicable statutes, rules, regulations, or guidelines, CJD may: (1) withhold all grant payments to a specific project or withhold all grant payments to all grant projects awarded to the grantee pending correction of the deficiency; (2) disallow all or part of the cost of the activity or action that is not in compliance; (3) withhold further grants from the program or grantee; (4) terminate the grant in whole or in part; or (5) exercise other legal remedies. Source Note: The provisions of this §3.2517 adopted to be effective February 24, 2000, 25 TexReg 1297; amended to be effective December 16, 2002, 27 TexReg 11729; amended to be effective October 13, 2003, 28 TexReg 8873; amended to be effective June 21, 2009, 34 TexReg 3925

SUBCHAPTER A GENERAL RULES OF PRACTICE ***RULE §1.50 Effect of Invalidity of a Rule***

If any provision of any rule contained in this chapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the rule which can be given effect without the invalid provision or application, and to this end the provisions of any rule are severable. Source Note: The provisions of this §1.50 adopted to be effective December 30, 1994, 19 TexReg 9993.

SUBCHAPTER B GRANT BUDGET REQUIREMENTS ***RULE §3.73 Matching Funds Policy***

If matching funds are required on a grant, an applicant must ensure that it possesses or can acquire the required matching funds. A contractor or participating entity may contribute toward the matching funds requirement, but the applicant bears the responsibility for satisfying the matching funds requirement. Source Note: The provisions of this §3.73 adopted to be effective February 24, 2000, 25 TexReg 1297; amended to be effective July 16, 2000, 25 TexReg 6485; amended to be effective September 9, 2001, 26 TexReg 6645; amended to be effective December 16, 2002, 27 TexReg 11729; amended to be effective October 13, 2003, 28 TexReg 8873; amended to be effective August 6, 2007, 32 TexReg 4747; amended to be effective June 21, 2009, 34 TexReg 3925

SUBCHAPTER B CONSOLIDATED LICENSES ***RULE §2.14 License Sanctions***

If the holder of a consolidated license violates a rule or statute authorizing any of the component licenses encompassed by the licensee's consolidated license, the department may seek license sanctions on the consolidated license as prescribed by the Texas Agriculture Code, §12.0201. Source Note: The provisions of this §2.14 adopted to be effective April 23, 1998, 23 TexReg 3821.

DIVISION 4 APPEAL PROCEDURES FOR THE SCHOOL BREAKFAST PROGRAM (SBP) ***RULE §1.1030 Definitions***

In addition to the definitions set out in 7 Code of Federal Regulation (CFR) Parts 210 and 220, the following words, names, and terms shall have the following meanings, unless the context clearly indicates otherwise. (1) Administrative review official (ARO)--The independent and impartial official who conducts the appeal held in accordance with 7 CFR §210.18(q). The review official shall be an independent and impartial official other than, and not accountable to, any person authorized to make decisions that are subject to appeal under the provisions of this subchapter. Although the ARO may be an employee of TDA, he/she shall not have been involved in the action that is the subject of the appeal, or have a direct personal or financial interest in the outcome of the appeal. The school food authority shall be permitted to contact the ARO directly if they so desire. (2) Appeal--The fair review or hearing provided upon request to a school food authority requesting a review of a denial of all or a part of a Claim for Reimbursement or withholding payment arising from administrative or follow-up review activity conducted by TDA under 7 CFR §210.18. (3) Appellant--A school food authority that requests an appeal. (4) CFR--The Code of Federal Regulations. (5) Day--A calendar day, including Saturday and Sunday. (6) Fiscal action--The recovery of overpayment through direct assessment or offset of future claims, disallowance of overclaims as reflected in unpaid Claims for Reimbursement, submission of a revised Claim for Reimbursement, and correction of records to ensure that unfiled Claims for Reimbursement are corrected when filed. Fiscal action also includes disallowance and withholding of funds for failure to take corrective action (7) FNS--The Food and Nutrition Service of the U.S. Department of Agriculture. (8) Notice of denial--A letter sent by certified mail, return receipt (or the equivalent private delivery service), by facsimile, or by email, that describes an action proposed or taken by TDA or FNS with regard to the denial of all or a part of a school food authority's Claim for Reimbursement or withholding its payment arising from administrative or follow-up review activity. The notice shall specify the action being proposed or taken and the basis for the action, and is considered to be received by the school food authority when it is delivered, sent by facsimile, or sent by email. With respect to notice provided by certified mail, return receipt requested, in the absence of an official receipt, in any form, from the United States Postal Service reflecting the date of actual or attempted delivery, the notice will be deemed received by the school food authority five (5) days after being sent to the school food authority's last known mailing address. (9) Program--The School Breakfast Program (SBP), authorized by the Child Nutrition Act of 1966, as amended. (10) School food authority--The governing body which is responsible for the administration of one or more schools; and has the legal authority to operate the Program therein. (11) TDA--The Texas Department of Agriculture. Source Note: The provisions of this §1.1030 adopted to be effective March 1, 2009, 34 TexReg 1228; amended to be effective December 5, 2013, 38 TexReg 8642

DIVISION 3 APPEAL PROCEDURES FOR THE NATIONAL SCHOOL LUNCH PROGRAM (NSLP) ***RULE §1.1020 Definitions***

In addition to the definitions set out in 7 Code of Federal Regulation (CFR) §210.2, the following words, names, and terms shall have the following meanings, unless the context clearly indicates otherwise. (1) Administrative review official (ARO)--The independent and impartial official who conducts the appeal held in accordance with 7 CFR §210.18(q). The review official shall be an independent and impartial official other than, and not accountable to, any person authorized to make decisions that are subject to appeal under the provisions of this subchapter. Although the ARO may be an employee of TDA, he/she shall not have been involved in the action that is the subject of the appeal, or have a direct personal or financial interest in the outcome of the appeal. The school food authority shall be permitted to contact the ARO directly if they so desire. (2) Appeal--The fair review or hearing provided upon request to a school food authority requesting an appeal of a denial of all or a part of a Claim for Reimbursement or withholding payment arising from administrative or follow-up review activity conducted by TDA under 7 CFR §210.18. (3) Appellant--A school food authority that requests an appeal. (4) CFR--The Code of Federal Regulations. (5) Day--A calendar day, including Saturday and Sunday. (6) Fiscal action--The recovery of overpayment through direct assessment or offset of future claims, disallowance of overclaims as reflected in unpaid Claims for Reimbursement, submission of a revised Claim for Reimbursement, and correction of records to ensure that unfiled Claims for Reimbursement are corrected when filed. Fiscal action also includes disallowance and withholding of funds for failure to take corrective action. (7) FNS--The Food and Nutrition Service of the U.S. Department of Agriculture. (8) Notice of denial--A letter sent by certified mail, return receipt (or the equivalent private delivery service), by facsimile, or by email, that describes an action proposed or taken by TDA or FNS with regard to the denial of all or a part of a school food authority's Claim for Reimbursement or withholding its payment arising from administrative or follow-up review activity. The notice shall specify the action being proposed or taken and the basis for the action, and is considered to be received by the school food authority when it is delivered, sent by facsimile, or sent by email. With respect to notice provided by certified mail, return receipt requested, in the absence of an official receipt, in any form, from the United States Postal Service reflecting the date of actual or attempted delivery, the notice will be deemed received by the school food authority five (5) days after being sent to the school food authority's last known mailing address. (9) Program--The National School Lunch Program, authorized by the National School Lunch Act, as amended. (10) School food authority--The governing body which is responsible for the administration of one or more schools; and has the legal authority to operate the Program therein or be otherwise approved by FNS to operate the Program. (11) TDA--The Texas Department of Agriculture. Source Note: The provisions of this §1.1020 adopted to be effective March 1, 2009, 34 TexReg 1228; amended to be effective December 5, 2013, 38 TexReg 8642

DIVISION 5 APPEAL PROCEDURES FOR THE SPECIAL MILK PROGRAM FOR CHILDREN (SMP) ***RULE §1.1040 Definitions***

In addition to the definitions set out in 7 Code of Federal Regulation (CFR), Parts 210 and 215, the following words, names, and terms shall have the following meanings, unless the context clearly indicates otherwise. (1) Administrative review official (ARO)--The independent and impartial official who conducts the appeal held in accordance with 7 CFR §210.18(q). The review official shall be an independent and impartial official other than, and not accountable to, any person authorized to make decisions that are subject to appeal under the provisions of this subchapter. Although the ARO may be an employee of TDA, he/she shall not have been involved in the action that is the subject of the appeal, or have a direct personal or financial interest in the outcome of the appeal. The school food authority shall be permitted to contact the ARO directly if they so desire. (2) Appeal--The fair review or hearing provided upon request to a school food authority requesting an appeal of a denial of all or a part of a Claim for Reimbursement or withholding payment arising from administrative or follow-up review activity conducted by TDA under 7 CFR §210.18. (3) Appellant--A school food authority that requests an appeal. (4) CFR--The Code of Federal Regulations. (5) Day--A calendar day, including Saturday and Sunday. (6) Fiscal action--The recovery of overpayment through direct assessment or offset of future claims, disallowance of overclaims as reflected in unpaid Claims for Reimbursement, submission of a revised Claim for Reimbursement, and correction of records to ensure that unfiled Claims for Reimbursement are corrected when filed. Fiscal action also includes disallowance and withholding of funds for failure to take corrective action (7) FNS--The Food and Nutrition Service of the U.S. Department of Agriculture. (8) Notice of denial--A letter sent by certified mail, return receipt (or the equivalent private delivery service), by facsimile, or by email, that describes an action proposed or taken by TDA or FNS with regard to the denial of all or a part of a school food authority's Claim for Reimbursement or withholding its payment arising from administrative or follow-up review activity. The notice shall specify the action being proposed or taken and the basis for the action, and is considered to be received by the school food authority when it is delivered, sent by facsimile, or sent by email. With respect to notice provided by certified mail, return receipt requested, in the absence of an official receipt, in any form, from the United States Postal Service reflecting the date of actual or attempted delivery, the notice will be deemed received by the school food authority five (5) days after being sent to the school food authority's last known mailing address. (9) Program--The Special Milk Program, authorized by the Child Nutrition Act of 1966, as amended. (10) School food authority--The governing body which is responsible for the administration of one or more schools and has the legal authority to operate the Program therein, or a nonprofit agency to which such governing body has designated authority for the operation of a milk program in school. (11) TDA--The Texas Department of Agriculture. Source Note: The provisions of this §1.1040 adopted to be effective March 1, 2009, 34 TexReg 1229; amended to be effective December 5, 2013, 38 TexReg 8642

DIVISION 2 APPEAL PROCEDURES FOR THE SUMMER FOOD SERVICE PROGRAM (SFSP) ***RULE §1.1010 Definitions***

In addition to the definitions set out in 7 Code of Federal Regulations (CFR) §225.2, the following words, names, and terms shall have the following meanings, unless the context clearly indicates otherwise. (1) Administrative review official (ARO)--The independent and impartial official who conducts the appeal. The review official shall be an independent and impartial official other than, and not accountable to, any person authorized to make decisions that are subject to appeal under the provisions of this subchapter. Although the ARO may be an employee of TDA, he/she shall not have been involved in the action that is the subject of the appeal, or have a direct personal or financial interest in the outcome of the appeal. The sponsor or food service management company (FSMC) shall be permitted to contact the ARO directly if they so desire. (2) Appeal--The fair review or hearing provided upon request to a sponsor or FSMC who has been given notice by the TDA of any appealable action. (3) Appellant--A sponsor or FSMC who requests an appeal. (4) CFR--The Code of Federal Regulations. (5) FNS--The Food and Nutrition Service of the U.S. Department of Agriculture. (6) Food service management company (FSMC)--Means any commercial enterprise or nonprofit organization with which a sponsor may contract for preparing unitized meals, with or without milk, for use in the Program, or for managing a sponsor's food service operations in accordance with the limitations set forth in 7 CFR §225.15. Food service management companies may be: (A) public agencies or entities; (B) private, nonprofit organizations; or (C) private, for-profit companies. (7) Notice--A letter sent by certified mail, return receipt requested, that describes an action proposed or taken by TDA with regard to a sponsor or FSMC 's Program reimbursement or participation. The notice shall specify the action being proposed or taken and the basis for the action, and is considered to be received by the sponsor or FSMC on the date of actual or attempted delivery. In the absence of an official receipt, in any form, from the United States Postal Service reflecting the date of actual or attempted delivery, the notice will be deemed to be received by the sponsor or FSMC five (5) days after being sent to the addressee's last known mailing address. (8) Principal--Any individual who holds a management position within, or is an officer of the sponsor or FSMC, including all members of the sponsor or FSMC 's board of directors. (9) Program--The Summer Food Service Program authorized by the National School Lunch Act, as amended. (10) Sponsor--A public or private nonprofit school food authority, a public or private nonprofit residential summer camp, a unit of local, municipal, county or state government, a public or private nonprofit college or university currently participating in the National Youth Sports Program (NYSP), administered by the National Collegiate Athletic Association, or a private nonprofit organization which develops a special summer or other school vacation program providing food service similar to that made available to children during the school year under the National School Lunch and School Breakfast Programs and which is approved to participate in the Program. (11) TDA--The Texas Department of Agriculture. Source Note: The provisions of this §1.1010 adopted to be effective March 1, 2009, 34 TexReg 1227; amended to be effective December 5, 2013, 38 TexReg 8642

DIVISION 1 APPEAL PROCEDURES FOR THE CHILD AND ADULT CARE FOOD PROGRAM (CACFP) ***RULE §1.1000 Definitions***

In addition to the definitions set out in 7 Code of Federal Regulations (CFR) §226.2, the following words, names, and terms shall have the following meanings, unless the context clearly indicates otherwise. (1) Administrative review official (ARO)--The independent and impartial official who conducts the appeal held in accordance with 7 CFR §226.6(k). The review official shall be an independent and impartial official other than, and not accountable to, any person authorized to make decisions that are subject to appeal under the provisions of this section. Although the ARO may be an employee of TDA, he/she shall not have been involved in the action that is the subject of the appeal, or have a direct personal or financial interest in the outcome of the appeal. The institution and the responsible principals and responsible individuals shall be permitted to contact the ARO directly if they so desire. (2) Appeal--The fair hearing provided upon request to: (A) an institution that has been given notice by TDA of any action or proposed action that will affect their participation or reimbursement under the Program; (B) a principal or individual responsible for an institution's serious deficiency after the responsible principal or responsible individual has been given a notice of intent to disqualify them from the Program; and (C) a day care home that has been given a notice of proposed termination for cause. (3) Appellant--An institution, day care home, responsible principal or responsible individual, who requests an appeal. (4) CFR--The Code of Federal Regulations. (5) Days--Consecutive calendar days unless otherwise specified. (6) FNS--The Food and Nutrition Service of the U.S. Department of Agriculture. (7) Institution--A sponsoring organization, child care center, at-risk after-school care center, outside-school-hours care center, emergency shelter or adult day care center which enters into an agreement with TDA to assume final administrative and financial responsibility for Program operations. (8) Notice--A letter sent by certified mail, return receipt (or the equivalent private delivery service), by facsimile, or by email, that describes an action proposed or taken by TDA or FNS with regard to an institution's Program reimbursement or participation. Notice also means a letter sent by certified mail, return receipt (or the equivalent private delivery service), by facsimile, or by email, that describes an action proposed or taken by a sponsoring organization with regard to a day care home's participation. The notice shall specify the action being proposed or taken and the basis for the action, and is considered to be received by the institution or day care home when it is delivered, sent by facsimile, or sent by email. If the notice is sent by certified mail, return receipt (or the equivalent private delivery service), the notice is considered to be received by the institution, responsible principal or responsible individual, or day care home on the date of actual or attempted delivery to the addressee's last known mailing address. With respect to notice provided by certified mail, return receipt requested, in the absence of an official receipt, in any form, from the United States Postal Service reflecting the date of actual or attempted delivery, the notice will be deemed received by the addressee five (5) days after being sent to the addressee's last known mailing address. (9) Principal--Any individual who holds a management position within, or is an officer of, an institution or a sponsored center, including all members of the institution's board of directors or the sponsored center's board of directors. (10) Program--The Child and Adult Care Food Program authorized by §17 of the National School Lunch Act, as amended. (11) Responsible principal or responsible individual-- (A) a principal, whether compensated or uncompensated, who TDA or FNS determines to be responsible for an institution's serious deficiency; (B) any other individual employed by, or under contract with, an institution or sponsored center, who TDA or FNS determines to be responsible for an institution's serious deficiency; or (C) an uncompensated individual who TDA or FNS determines to be responsible for an institution's serious deficiency. (12) Sponsoring organization--A public or nonprofit private organization that is entirely responsible for the administration of the food program in: (A) one or more day care homes; (B) a child care center, emergency shelter, at-risk afterschool care center, outside-school-hours care center, or adult day care center which is a legally distinct entity from the sponsoring organization; (C) two or more child care centers, emergency shelters, at-risk afterschool care centers, outside-school-hours care center, or adult day care centers; or (D) any combination of child care centers, emergency shelters, at-risk afterschool care centers, outside-school-hours care centers, adult day care centers, and day care homes. The term "sponsoring organization" also includes an organization that is entirely responsible for administration of the Program in any combination of two or more child care centers, at-risk afterschool care centers, adult day care centers or outside-school-hours care centers, which meet the definition of For-profit center in 7 CFR §226.2 and are part of the same legal entity as the sponsoring organization. (13) Suspension review--The review provided, upon the institution's request, to an institution that has been given a notice of intent to suspend participation (including Program payments), based on a determination that the institution has knowingly submitted a false or fraudulent claim. (14) Suspension review official (SRO)--An independent and impartial person, not accountable to any person involved in the decision to initiate suspension proceedings, appointed by the Commissioner or Deputy Commissioner to make a written determination of whether TDA's proposed suspension was appropriate or inappropriate. (15) TDA--The Texas Department of Agriculture. Source Note: The provisions of this §1.1000 adopted to be effective March 1, 2009, 34 TexReg 1227; amended to be effective November 22, 2012, 37 TexReg 9092; amended to be effective December 5, 2013, 38 TexReg 8642

SUBCHAPTER A GENERAL RULES OF PRACTICE ***RULE §1.22 Rules of Discovery and Sanctions***

In addition to the rules of discovery provided in the Act, Subchapter D, the Texas Rules of Civil Procedure, 166b, 167-169, and 200-215, shall apply to proceedings before the department. True copies of requests for discovery, responses to such requests, and depositions shall be filed with the hearings clerk. Source Note: The provisions of this §1.22 adopted to be effective January 18, 1991, 16 TexReg 113; amended to be effective August 3, 1993, 18 TexReg 4747; amended to be effective August 23, 1996, 21 TexReg 7656.

SUBCHAPTER A GENERAL RULES OF PRACTICE ***RULE §1.49 Suspension of Rules***

In any case in which a public emergency or imperative public necessity so requires, the department may suspend the operation of these rules. Source Note: The provisions of this §1.49 adopted to be effective December 30, 1994, 19 TexReg 9993.

SUBCHAPTER A GENERAL RULES OF PRACTICE ***RULE §1.17 Motions for Continuance or Withdrawa***

Motions for continuance or withdrawal regarding matters which have been set for hearing shall be in writing, shall be filed with the hearings clerk, and shall be served on parties not less than five days prior to the designated date that the matter is to be heard. Such motions shall set forth under oath the specific grounds upon which the movant seeks such action and shall make reference to all prior motions of the same nature filed in the proceeding. The movant shall include a statement that the other party or parties have been contacted and whether they have opposition to it. The movant shall also provide an agreed list of suggested future dates for consideration by the administrative law judge. Except for good cause, failure to comply with the provisions of this section may be construed as lack of diligence on the part of the movant, and at the discretion of the administrative law judge, may result in the denial of the motion or other requested relief with prejudice to refiling. Source Note: The provisions of this §1.17 adopted to be effective January 18, 1991, 16 TexReg 113; amended to be effective August 3, 1993, 18 TexReg 4747.

SUBCHAPTER A GENERAL RULES OF PRACTICE ***RULE §1.7 Agreements Between Parties***

No agreement between the parties, their attorneys, or representatives, with regard to any matter involved in any proceedings before the department shall be enforced unless it be in writing, signed and filed with the hearings clerk as part of the record of the case, or it be read into the record of the hearing. This rule does not limit a party's ability to waive, modify, or stipulate any right or privilege afforded by this chapter, unless precluded by law. Source Note: The provisions of this §1.7 adopted to be effective January 18, 1991, 16 TexReg 113; amended to be effective August 3, 1993, 18 TexReg 4747.

SUBCHAPTER IMEMORANDUM OF UNDERSTANDING ***RULE §3.9300 Texas Department of Public Safety***

Pursuant to §411.0096 of the Texas Government Code, CJD and the Texas Department of Public Safety have entered into a memorandum of understanding pertaining to the coordination of drug law enforcement efforts. This memorandum of understanding may be amended, as necessary, by subsequent written agreement adopted by rule. The current memorandum of understanding is listed in the following: ***Attached Graphic** Source Note: The provisions of this §3.9300 adopted to be effective December 16, 2002, 27 TexReg 11729; amended to be effective June 9, 2004, 29 TexReg 5575; amended to be effective June 3, 2007, 32 TexReg 2835

SUBCHAPTER N FOOD AND FIBERS RESEARCH GRANT PROGRAM RULES ***RULE §1.925 Primary Research Areas***

Research shall be categorized into the following areas: (1) cotton research; (2) sheep and goat research; (3) food protein and nutrition research; and (4) textile and natural fibers utilization research. Source Note:The provisions of this §1.925 adopted to be effective April 19, 2006, 31 TexReg 3252

TITLE 1 ADMINISTRATION PART 1 OFFICE OF THE GOVERNOR CHAPTER 3 CRIMINAL JUSTICE DIVISION SUBCHAPTER A: GENERAL GRANT PROGRAM PROVISIONS

Rules §3.1 Applicability §3.3 Definitions §3.5 Submission Process §3.7 Selection Process §3.9 Funding Decisions §3.11 Grant and Supplemental Award Acceptance §3.21 Use of the Internet §3.23 Delegation of Authority §3.25 Suspension of Rules

TITLE 1 ADMINISTRATION PART 1 OFFICE OF THE GOVERNOR CHAPTER 3 CRIMINAL JUSTICE DIVISION SUBCHAPTER A: GENERAL GRANT PROGRAM PROVISIONS ***RULE §3.1 Applicability***

Subchapters A through F of this chapter apply to all applications for funding and grants submitted to the Criminal Justice Division (CJD), Office of the Governor. A grantee must comply with the provisions of Subchapters A through F in effect on the date the grant is awarded by CJD, unless a subsequent effective date is specified by CJD in an original grant award or a grant adjustment. Grantees must comply with all applicable state and federal statutes, rules, regulations, and guidelines. In instances where both federal and state requirements apply to a grantee, the more restrictive requirement applies. Source Note: The provisions of this §3.1 adopted to be effective February 24, 2000, 25 TexReg 1297; amended to be effective September 9, 2001, 26 TexReg 6645; amended to be effective December 16, 2002, 27 TexReg 11729; amended to be effective October 13, 2003, 28 TexReg 8873; amended to be effective June 22, 2006, 31 TexReg 4855; amended to be effective August 6, 2007, 32 TexReg 4747; amended to be effective June 21, 2009, 34 TexReg 3925

SUBCHAPTER M SURPLUS AGRICULTURAL PRODUCTS GRANT PROGRAM ***RULE §1.903 Eligibility***

Subject to available funds, a nonprofit organization is eligible to receive a grant under this chapter if the organization: (1) has at least five years of experience coordinating a statewide network of food banks and charitable organizations that serve each county of this state; (2) operates a program that coordinates the collection and transportation of surplus agricultural products to a statewide network of food banks that provide food to needy or low-income individuals; and (3) submits to the department in a manner and time prescribed by the Department, a proposal for the collection and distribution of surplus products to food banks or other charitable organizations for use in providing food to needy or low-income individuals. Source Note: The provisions of this §1.903 adopted to be effective November 19, 2001, 26 TexReg 9381

SUBCHAPTER R CHILDREN'S ACCESS TO NUTRITIOUS FOOD GRANT PROGRAM ***RULE §1.1202 Eligibility***

Subject to available funds, a nonprofit organization is eligible to receive a grant under this subchapter if the organization: (1) has at least five years of experience coordinating a statewide network of food banks and charitable organizations that serve each county of this state; (2) operates a program through a statewide network of food banks that provides children at risk of hunger or obesity with access to nutritious food outside the school day; and (3) submits to the department in a manner and time prescribed by the Department, a detailed proposal for a program to purchase and distribute food using grant money to food banks or other charitable organizations. Source Note: The provisions of this §1.1202 adopted to be effective August 4, 2013, 38 TexReg 4891

SUBCHAPTER L URBAN SCHOOLS GRANTS PROGRAM ***RULE §1.802 Eligibility***

Subject to available funds, a public elementary or middle school from an urban public school district in the state, or a nonprofit organization that partners with an eligible school, is eligible to receive a grant under this subchapter if the school or nonprofit organization submits to the department a proposal that includes: (1) a description of the proposed project; (2) a schedule of projected costs for the project; (3) a statement of the educational benefits of the project, including how the project will improve the students' understanding of agriculture; and (4) if a nonprofit organization is applying for the grant, a statement from the school that the nonprofit organization is partnering with the school. Source Note: The provisions of this §1.802 adopted to be effective November 22, 1999, 24 TexReg 10317; amended to be effective August 5, 2001, 26 TexReg 5637; amended to be effective March 18, 2008, 33 TexReg 2287; amended to be effective September 1, 2011, 36 TexReg 5347

UBCHAPTER B GRANT BUDGET REQUIREMENTS ***RULE §3.83 Supplies and Direct Operating Expenses***

Supplies and direct operating expenses are costs directly related to the grantee's day-to-day operation of the grant project that are not included in any of the grantee's other approved budget categories. Source Note: The provisions of this §3.83 adopted to be effective February 24, 2000, 25 TexReg 1297; amended to be effective July 16, 2000, 25 TexReg 6485; amended to be effective December 16, 2002, 27 TexReg 11729; amended to be effective October 13, 2003, 28 TexReg 8873; amended to be effective June 9, 2004, 29 TexReg 5575; amended to be effective August 6, 2007, 32 TexReg 4747; amended to be effective June 21, 2009, 34 TexReg 3925

DIVISION 2 GOVERNOR'S JUVENILE JUSTICE ADVISORY BOARD ***RULE §3.8200 Establishment***

The Board is established by governor's Executive Order RP 9. Source Note: The provisions of this §3.8200 adopted to be effective January 3, 1997, 21 TexReg 12397; amended to be effective December 16, 2002, 27 TexReg 11729; amended to be effective May 9, 2012, 37 TexReg 3389

§201.6 Negotiated Rulemaking

The Commission may engage in negotiated rulemaking to assist in the drafting of proposed rules if the Executive Director determines it is advisable to proceed under the procedures established in Government Code Chapter 2008. If the Executive Director concludes that formal negotiated rulemaking is not advisable, the Commission may nonetheless engage in informal negotiated rulemaking. Source Note: The provisions of this §201.6 adopted to be effective October 18, 2015, 40 TexReg 7065

§201.3 Right of Investigation

The Commission may investigate complaints as provided for in Occupations Code Chapter 651. Source Note: The provisions of this §201.3 adopted to be effective October 18, 2015, 40 TexReg 7065

§201.10 Witness Travel Reimbursement

The Commission may reimburse a witness in a SOAH hearing for travel expenses at the rates established by the General Appropriations Act for classified employees of the Commission. All documentation required of classified employees would be required of witnesses in order to be compensated. Source Note: The provisions of this §201.10 adopted to be effective October 18, 2015, 40 TexReg 7065

§201.1 Right of Licensure

The Commission shall establish standards for the licensure of establishments and individuals provided for in Occupations Code Chapter 651. Source Note: The provisions of this §201.1 adopted to be effective October 18, 2015, 40 TexReg 7065

201.2 Right of inspection

The Commission shall inspect funeral establishments as provided for in Occupations Code Chapter 651. Source Note: The provisions of this §201.2 adopted to be effective October 18, 2015, 40 TexReg 7065

SUBCHAPTER B DUTIES OF A FUNERAL ESTABLISHMENT/LICENSEE ***RULE §203.25 Display of Funeral Merchandise***

The Commission will approve only those display rooms in licensed funeral establishments which meet the requirements of Occupations Code Chapter 651, which are designed and utilized to allow the public to make a private inspection and selection of merchandise. Regardless of the type or method of overall merchandise selection used by the licensed funeral establishment, there must be a display of at least two full-size adult caskets one of which must be the lowest priced casket offered for sale by the establishment. The funeral establishment also must display at least three adult caskets that are not required to be full-size: (1) in a partial panel display; or (2) by video or brochure, online, or in any other manner. Source Note: The provisions of this §203.25 adopted to be effective October 18, 2015, 40 TexReg 7069

DIVISION 1 TEXAS CRIME STOPPERS COUNCIL ***RULE §3.8100 Establishment***

The Council is established by Chapter 414 of the Texas Government Code. Source Note: The provisions of this §3.8100 adopted to be effective January 3, 1997, 21 TexReg 12397; amended to be effective May 9, 2012, 37 TexReg 3389

DIVISION 3 SPECIALTY COURTS ADVISORY COUNCIL ***RULE §3.8300 Establishment***

The Council is established by §772.0061 of the Texas Government Code. Source Note: The provisions of this §3.8300 adopted to be effective May 9, 2012, 37 TexReg 3389

§201.9 Subpoenas

The Executive Director may issue subpoenas and subpoenas duces tecum to compel the attendance of witnesses and the production of books, records, documents and/or other material relevant to the complaint under investigation or pending at SOAH. Source Note: The provisions of this §201.9 adopted to be effective October 18, 2015, 40 TexReg 7065

SUBCHAPTER M SURPLUS AGRICULTURAL PRODUCTS GRANT PROGRAM ***RULE §1.900 Statement of Purpose***

The Grant program for the distribution of surplus agricultural products is designed to provide funding to eligible nonprofit organizations for collecting and distributing surplus agricultural products to food banks and other charitable organizations that serve needy or low-income individuals. Source Note: The provisions of this §1.900 adopted to be effective November 19, 2001, 26 TexReg 9381

SUBCHAPTER Q PROTEST OF CONTRACT AWARDS OR AGENCY PROCUREMENT PROCEDURES ***RULE §1.1104 Recordkeeping***

The agency will maintain all documentation on the purchasing process that is the subject of a protest in accordance with the agency's document retention schedule. Source Note: The provisions of this §1.1104 adopted to be effective March 26, 2013, 38 TexReg 1971

DIVISION 1 APPEAL PROCEDURES FOR THE CHILD AND ADULT CARE FOOD PROGRAM (CACFP) ***RULE §1.1002 Abbreviated Appeal***

The appeal shall be limited to a review of written submissions concerning the accuracy of TDA's determination if the application was denied or TDA proposes to terminate the institution's agreement because: (1) the information submitted on the application was false; (2) the institution, one of its sponsored facilities, or one of the principals of the institution or its facilities is on the national disqualified list; (3) the institution, one of its sponsored facilities, or one of the principals of the institution or its facilities is ineligible to participate in any other publicly funded program by reason of violation of the requirements of the program; or (4) the institution, one of its sponsored facilities, or one of the principals of the institution or its facilities has been convicted for any activity that indicates a lack of business integrity. Source Note: The provisions of this §1.1002 adopted to be effective March 1, 2009, 34 TexReg 1227; amended to be effective December 5, 2013, 38 TexReg 8642

TITLE 1 ADMINISTRATION PART 1 OFFICE OF THE GOVERNOR CHAPTER 3 CRIMINAL JUSTICE DIVISION SUBCHAPTER AGENERAL GRANT PROGRAM PROVISIONS ***RULE §3.11 Grant and Supplemental Award Acceptance***

The award documentation constitutes obligation of funds for use by the grantee in execution of the program or project covered by the award. Such obligation may be terminated without cause if the grantee's authorized official fails to accept the grant award within 45 calendar days of the date on which CJD issues the Statement of Grant Award. CJD may extend this deadline on written request from the applicant. Funds will not be disbursed until acceptance of the grant by the grantee. Source Note: The provisions of this §3.11 adopted to be effective February 24, 2000, 25 TexReg 1297; amended to be effective September 9, 2001, 26 TexReg 6645; amended to be effective December 16, 2002, 27 TexReg 11729; amended to be effective August 6, 2007, 32 TexReg 4747; amended to be effective June 21, 2009, 34 TexReg 3925; amended to be effective May 9, 2012, 37 TexReg 3389

SUBCHAPTER B COLLECTION OF DEBTS ***RULE §1.51 Administrative Procedures***

The commissioner of agriculture (the commissioner) or any person designated by the commissioner shall develop procedures and guidelines for determining obligations owed to the department and the appropriate means of collecting such debts. Source Note: The provisions of this §1.51 adopted to be effective August 3, 1993, 18 TexReg 4747.

DIVISION 2 GOVERNOR'S JUVENILE JUSTICE ADVISORY BOARD ***RULE §3.8210 Composition***

The composition of the Board will be in compliance with the federal Juvenile Justice and Delinquency Prevention Act and all regulations set by the Office of Juvenile Justice and Delinquency Prevention. The governor will appoint the chairman of the Board. Source Note: The provisions of this §3.8210 adopted to be effective January 3, 1997, 21 TexReg 12397; amended to be effective February 17, 2005, 30 TexReg 661; amended to be effective August 6, 2007, 32 TexReg 4747; amended to be effective May 9, 2012, 37 TexReg 3389

DIVISION 6 ADMINISTRATIVE HEARING PROCEDURES FOR CONDUCTING THE APPEALS OF THE FOOD AND NUTRITION PROGRAMS ***RULE §1.1053 Standard of Review***

The decision of the ARO shall be based on a preponderance of the evidence. The burden of proof shall be on TDA to show by a preponderance of the evidence that the action being appealed was taken in accordance with the Programs' laws, regulations, rules, policy guidance, and directives. Source Note: The provisions of this §1.1053 adopted to be effective March 1, 2009, 34 TexReg 1229

SUBCHAPTER C MINORITY PURCHASING ***RULE §1.78 Historically Underutilized Business Program***

The department adopts by reference the rules of the Comptroller of Public Accounts in 34 Texas Administrative Code Part 1, Chapter 20, Subchapter B, concerning Historically Underutilized Business Program. Copies of the Comptroller of Public Accounts' rules are filed at the department, located at the Stephen F. Austin State Office Building, 1700 North Congress Avenue, Austin, Texas. Source Note: The provisions of this §1.78 adopted to be effective August 23, 1996, 21 TexReg 7657; amended to be effective June 16, 2004, 29 TexReg 5780; amended to be effective June 29, 2008, 33 TexReg 4866

SUBCHAPTER C MINORITY PURCHASING ***RULE §1.77 Tracking of Progress***

The department will maintain a computerized program to keep track of all expenditures and purchases involving HUBs. Source Note: The provisions of this §1.77 adopted to be effective January 31, 1994, 19 TexReg 345; amended to be effective June 29, 2008, 33 TexReg 4866

SUBCHAPTER B COLLECTION OF DEBTS ***RULE §1.54 Records***

The department will maintain records identifying all persons or entities liable for delinquent obligations and the correct physical address of the debtor's place of business and/or residence, if available. Such records should also contain collection histories on each debtor showing, where applicable, attempted contacts with the debtor, efforts to locate the debtor, efforts to locate assets of the debtor and the results of such efforts, state warrants that may be issued to the debtor, and any other information considered to be relevant by the department. Source Note: The provisions of this §1.54 adopted to be effective August 3, 1993, 18 TexReg 4747.

SUBCHAPTER C MINORITY PURCHASING ***RULE §1.76 In-House Training***

The department will provide in-house training for all its personnel involved in making purchases on behalf of the department which will focus on soliciting HUBs to participate in bidding on contract and open market purchases of the department. Source Note: The provisions of this §1.76 adopted to be effective January 31, 1994, 19 TexReg 345; amended to be effective June 29, 2008, 33 TexReg 4866

TITLE 1 ADMINISTRATION PART 1 OFFICE OF THE GOVERNOR CHAPTER 3 CRIMINAL JUSTICE DIVISION SUBCHAPTER A GENERAL GRANT PROGRAM PROVISIONS ***RULE §3.23 Delegation of Authority***

The executive director may delegate his or her authority or CJD's authority under this chapter. Source Note: The provisions of this §3.23 adopted to be effective December 16, 2002, 27 TexReg 11729

SUBCHAPTER O HOME-DELIVERED MEAL GRANT PROGRAM ***RULE §1.960 Permitted Use of Grant Funds***

The expenditure of grant funds by a Grantee shall be documented and used only to supplement and extend existing services related directly to delivery of meals to Homebound Elderly persons and Homebound persons with a Disability. Permissible expenditures include, but are not limited to, food costs and related preparation and packaging expenses, gasoline, and other operational costs, but shall not be used for the purchase of capital assets. Source Note: The provisions of this §1.960 adopted to be effective September 11, 2007, 32 TexReg 6127

DIVISION 1 APPEAL PROCEDURES FOR THE CHILD AND ADULT CARE FOOD PROGRAM (CACFP) ***RULE §1.1003 Suspension Review for Submitting False or Fraudulent Claims***

The following are requirements for a suspension review based on submitting false or fraudulent claims. (1) Notice of Suspension. TDA shall notify the institution's executive director and chairman of the board of directors that TDA intends to suspend the institution's participation in CACFP, including suspension of all Program payments, unless the institution requests a review of the proposed suspension. The notice must also specify: (A) that TDA is proposing to suspend the institution's participation; (B) that the proposed suspension is based on the institution's submission of a false or fraudulent claim, as described in the serious deficiency notice; (C) the effective date of the suspension (which may be no earlier than ten (10) days after the institution receives the suspension notice); (D) the name, address and telephone number of the suspension review official who will conduct the suspension review; and (E) that if the institution wishes to have a suspension review, it must request a review and submit to the SRO written documentation opposing the proposed suspension within ten (10) days of the institution's receipt of the notice. (2) Request for suspension review. The request for suspension review shall be submitted in writing and must be received by the SRO not later than 5:00 p.m. on the tenth (10th) day after the date the receipt, or deemed receipt of the notice and must include written documentation opposing the proposed suspension. On or before that date, TDA may submit documentation and/or written argument and authorities in support of the suspension. (3) Hearing. No hearing shall be provided. The suspension review shall be limited to a review of TDA's file pertaining to the institution, including relevant information from the Texas Unified Nutrition Programs System, along with written submissions by the institution or TDA concerning TDA's proposal to suspend the institution's participation. (4) Basis for decision. The SRO shall make a determination based on a preponderance of the evidence provided by TDA, the institution, and, the executive director and chairman of the board of directors, based on the laws, regulations, policies, and procedures governing the Program. (5) Time for issuing a decision. Within ten (10) days of TDA's receipt of the request for the suspension review, the SRO shall issue a written determination informing TDA, the institution, and the institution's executive director and chairman of the board of directors, of the SRO's decision. This timeframe is an administrative requirement for TDA and may not be used as a basis for overturning TDA's action if a decision is not made within the specified timeframe. (6) Appeal from decision by the SRO. If the SRO determines that TDA's action was appropriate, the institution, or the institution's executive director and chairman of the board of directors, may appeal the suspension as provided by 7 CFR §226.6(c)(5)(ii)(D)(3) and (k). Source Note: The provisions of this §1.1003 adopted to be effective March 1, 2009, 34 TexReg 1227; amended to be effective November 22, 2012, 37 TexReg 9092; amended to be effective December 5, 2013, 38 TexReg 8642

SUBCHAPTER H REQUESTS FOR PUBLIC INFORMATION ***RULE §1.400 Definitions***

The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise. (1) Nonstandard-size copy--A copy of public information that is made available to a requester in any format other than a standard-size paper copy. Microfiche, microfilm, diskettes, magnetic tapes, CD-ROM, and nonstandard-size paper copies are examples of nonstandard-size copies. (2) Public information officer--A department employee designated to respond to requests for public information. (3) Public Information Act--Texas Government Code, Chapter 552, as amended. (4) Readily available information--Public information that already exists in printed form, or information that is stored electronically and is ready to be printed or copied without requiring any programming, or information that already exists on microfiche or microfilm. Information that requires more than 30 minutes to locate or prepare for release is not readily available information. (5) Standard-size copy--A printed impression on one side of a piece of paper that measures up to 8 1/2 by 14 inches. Each side of a piece of paper on which an impression is made is counted as a single copy. A piece of paper that is printed on both sides is counted as two copies. Source Note: The provisions of this §1.400 adopted to be effective August 23, 1996, 21 TexReg 7657; amended to be effective June 29, 2008, 33 TexReg 4866

SUBCHAPTER B CONSOLIDATED LICENSES ***RULE §2.10 Definitions***

The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise. Component license--A license, certification, or registration issued by the department that is consolidated under Texas Agriculture Code, §12.033. Source Note: The provisions of this §2.10 adopted to be effective April 23, 1998, 23 TexReg 3821.

DIVISION 6 ADMINISTRATIVE HEARING PROCEDURES FOR CONDUCTING THE APPEALS OF THE FOOD AND NUTRITION PROGRAMS ***RULE §1.1050 Definitions***

The following words and terms, when used in this division, have the following meanings, unless the context clearly indicates otherwise. (1) Administrative Review Official (ARO)--The independent and impartial official who conducts the appeal held in accordance with this division. The review official shall be an independent and impartial official other than, and not accountable to, any person authorized to make decisions that are subject to appeal under the provisions of this subchapter. Although the ARO may be an employee of TDA, he/she shall not have been involved in the action that is the subject of the appeal, or have a direct personal or financial interest in the outcome of the appeal. (2) Appeal--A fair and impartial review or hearing provided by an independent and impartial official to determine whether or not the department's actions were taken in accordance with a Program's laws, regulations, rules, policy guidance, and directives. (3) Appellant--A participant in the TDA Food and Nutrition Programs who requests an appeal. (4) Appellee--The Texas Department of Agriculture (TDA). (5) Business day--A week day (Monday through Friday) that is not a federal or state holiday. (6) Food and Nutrition Programs (Programs)--The food programs administered by the Food and Nutrition Division of TDA which include the Child and Adult Care Food Program (CACFP), Summer Food Service Program (SFSP), National School Lunch Program (NSLP), School Breakfast Program (SBP) and the Special Milk Program (SMP). (7) Hearing--An informal, adjudicative proceeding held before an impartial ARO to determine whether or not the department's actions were taken in accordance with a Program's laws, regulations, rules, policy guidance, and directives. (8) Notice--A written communication sent by certified mail, return receipt (or the equivalent private delivery service), by facsimile, or by email, that describes an action or event proposed or taken by the ARO or the department with regard to an appeal, a claim for reimbursement, or participation in the Programs. (9) Party--Unless otherwise provided in this division, a person, institution, organization or state agency named or admitted as a party. (10) Representative--Any person who assists the appellant in presenting his case. An attorney or other spokesman may serve as representative. (11) TDA--The Texas Department of Agriculture. Source Note: The provisions of this §1.1050 adopted to be effective March 1, 2009, 34 TexReg 1229; amended to be effective December 5, 2013, 38 TexReg 8642

SUBCHAPTER AGENERAL RULES OF PRACTICE ***RULE §1.1 Definitions***

The following words and terms, when used in this part, shall have the following meanings, unless the context clearly indicates otherwise. (1) Act--Administrative Procedure Act, Texas Government Code, Chapter 2001. (2) Administrative law judge--The commissioner or his designee who shall be assigned to conduct a hearing on a matter before the department and issue a proposal for decision for consideration by the commissioner or his designee, or for cases referred to the State Office of Administrative Hearings (SOAH) for the conducting of hearings in accordance with the joint memorandum of understanding entered into by the department and SOAH and found at §1.310 of this title (relating to Joint Memorandum of Understanding (MOU) Between the Texas Department of Agriculture (TDA) and the State Office of Administrative Hearings (SOAH) Concerning Procedures for Contested Cases Conducted By SOAH for TDA), a person employed by and assigned by SOAH to conduct a hearing on a matter before the department. (3) Applicant--Any person who applies for or is granted a license. (4) Code--The Texas Agriculture Code. (5) Commissioner--The commissioner of agriculture of the State of Texas or the commissioner's designee. (6) Complainant--Any party who has filed a complaint with the department against any party whose activities are subject to the jurisdiction of the department. (7) Contested case--Unless otherwise provided herein, the meaning given contested case in the Act, §2001.003. (8) Department--Texas Department of Agriculture. (9) Intervenor--Any party in interest or other person with a justiciable or administratively cognizable interest in a pending proceeding before the department who petitions the commissioner for permission to be received as a party to such proceeding. (10) License--Unless otherwise provided herein, the meaning given license in the Act, §2001.003. (11) Licensing--Unless otherwise provided herein, the meaning given licensing in the Act, §2001.003. (12) Party--Unless otherwise provided herein, the meaning given party in the Act, §2001.003. (13) Party in interest--Any person who, in the determination of the administrative law judge, is actually and substantially interested in the subject matter of a proceeding before the department as distinguished from one who has only a nominal, formal, or technical interest in or connection with such proceeding. (14) Person--Unless otherwise provided herein, the meaning given person in the Act, §2001.003. (15) Petitioner--Any person who has by written petition applied for or sought an available remedy from the department. (16) Pleading--Any written petition, complaint, request for discovery, response to a request for discovery, protest, answer, motion, or other written instrument filed with the department, or if appropriate, with the State Office of Administrative Hearings. (17) Respondent--A person against whom any complaint or proceeding has been filed before the department. (18) Rule--Unless otherwise provided herein, the meaning given rule in the Act, §2001.003. (19) SOAH--The State Office of Administrative Hearings. (20) Texas Register--The official publication of the secretary of state's office created by the Texas Government Code, Chapter 2002. (21) TRCP--The Texas Rules of Civil Procedure. (22) TRCE--The Texas Rules of Civil Evidence. Source Note: The provisions of this §1.1 adopted to be effective January 18, 1991, 16 TexReg 113; amended to be effective August 3, 1993, 18 TexReg 4747; amended to be effective August 23, 1996, 21 TexReg 7656; amended to be effective June 24, 2012, 37 TexReg 4409

SUBCHAPTER O HOME-DELIVERED MEAL GRANT PROGRAM ***RULE §1.951 Definitions***

The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise. (1) Approved Organization--An organization that submitted an application under this subchapter that was subsequently approved by the Department. (2) Department--The Texas Department of Agriculture. (3) Dietary Consultant--A registered dietitian who is licensed by the Texas State Board of Examiners of Dietitians; or a person with a baccalaureate degree with major studies in food and nutrition, dietetics, or food service management, who is currently employed as a dietitian or dietary consultant in a hospital, nursing facility, or school, or home-delivered meal organization, or in private practice. (4) Disability--A physical, mental or developmental impairment, temporarily or permanently limiting an individual's capacity to adequately perform one or more essential activities of daily living, which include, but are not limited to, personal and health care, moving around, communicating, and housekeeping. (5) Elderly--An individual who is 60 years of age or older. (6) Fully Funded--A meal for which home-delivered meal organizations negotiate and sign a contract with the Department of Aging and Disability Services or an area agency on aging, and receive funds, whatever the amount may be, in accordance with applicable state and federal laws and regulations. (7) Grantee--An organization that has received grant funds under this subchapter. (8) Home-delivered meal--Individual sized portions of foods that, in the aggregate, meet 1/3 of the Recommended Dietary Allowance (RDA) of nutrition for adults and the Dietary Guidelines for Americans, or Dietary Reference Intakes (DRIs) as established by the Texas Department of Aging and Disability Services. (9) Homebound--A person who is unable to leave his or her residence without aid or assistance or whose ability to travel from his or her residence is substantially impaired. (10) Organization--A qualifying governmental agency or nonprofit private organization that is exempt from taxation under §501(a), Internal Revenue Code of 1986, as an organization described by §501(c)(3) of that code, which is a direct provider of home-delivered meals to homebound elderly persons or persons with disabilities in this state. (11) Program--The Home-Delivered Meal Grant Program. (12) State Fiscal Year--The period between September 1st of any year and August 31st of the subsequent year. Source Note: The provisions of this §1.951 adopted to be effective September 11, 2007, 32 TexReg 6127; amended to be effective November 22, 2011, 36 TexReg 7861

SUBCHAPTER Q PROTEST OF CONTRACT AWARDS OR AGENCY PROCUREMENT PROCEDURES ***RULE §1.1100 Definitions***

The following words and terms, when used in this subchapter, shall have the following meaning, unless the context clearly indicates otherwise. (1) Agency--The Texas Department of Agriculture. (2) Commissioner--The Commissioner of the Texas Department of Agriculture. (3) Deputy Commissioner--The Deputy Commissioner of the Texas Department of Agriculture. (4) Interested Parties--All vendors who have submitted bids or proposals for the provision of goods or services to the Texas Department of Agriculture. (5) Office of General Counsel--The Office of the General Counsel for the Texas Department of Agriculture. (6) Responsible Individual--The Chief Administrator or equivalent person for the agency division responsible for the procurement, or, only in the event of an absence of the Chief Administrator or equivalent person from work as a result of death, disability, incapacity or illness, the person designated by the Chief Administrator or the Deputy Commissioner, to review and make a determination on the protest, as applicable. Source Note: The provisions of this §1.1100 adopted to be effective March 26, 2013, 38 TexReg 1971

SUBCHAPTER L URBAN SCHOOLS GRANTS PROGRAM ***RULE §1.801 Definitions***

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. (1) Commissioner--The Commissioner of Agriculture, Texas Department of Agriculture. (2) Department--The Texas Department of Agriculture. (3) Urban Public School District--A Texas public school district with an enrollment of at least 49,000 students. (4) Nonprofit organization--A corporation no part of the income of which is distributable to members, directors, or officers. Source Note: The provisions of this §1.801 adopted to be effective November 22, 1999, 24 TexReg 10317; amended to be effective September 1, 2011, 36 TexReg 5347

SUBCHAPTER R CHILDREN'S ACCESS TO NUTRITIOUS FOOD GRANT PROGRAM ***RULE §1.1201 Definitions***

The following words and terms, when used in this subchapter, shall have the following meanings, unless the text clearly indicates otherwise. (1) Charitable organization--An organization organized for purely benevolent, charitable, educational or religious purpose and not for financial gain. (2) Department--The Texas Department of Agriculture. (3) Nonprofit Organization--An organization with an IRS designation as a 501(c)(3) organization which has been established and is operating for religious, charitable or educational purposes and does not distribute any of its income to its members, directors or officers. Source Note: The provisions of this §1.1201 adopted to be effective August 4, 2013, 38 TexReg 4891

SUBCHAPTER R CHILDREN'S ACCESS TO NUTRITIOUS FOOD GRANT PROGRAM ***RULE §1.1200 Statement of Purpose***

The grant program for children's access to nutritious food is established to award grants to nonprofit organizations for the purpose of allowing food banks to provide children at risk of hunger or obesity with access to nutritious food outside the school day. Source Note: The provisions of this §1.1200 adopted to be effective August 4, 2013, 38 TexReg 4891

SUBCHAPTER M SURPLUS AGRICULTURAL PRODUCTS GRANT PROGRAM ***RULE §1.904 Contents of Proposal***

The proposal submitted to the department in accordance with §1.903 of this title (relating to Eligibility), shall include: (1) a description of how the collection and distribution of surplus products will be accomplished; (2) a schedule of projected costs for the proposal; (3) measurable goals for the proposal; (4) a plan for evaluating the success of the proposal; and (5) any other information requested by the department. Source Note: The provisions of this §1.904 adopted to be effective November 19, 2001, 26 TexReg 9381

§201.17 Severability Clause

The provisions of each section of the rules of the Commission are separate and severable from one another. If any provision is determined to be invalid, it is the Commission's intention that the remaining provisions shall continue in effect. Source Note: The provisions of this §201.17 adopted to be effective October 18, 2015, 40 TexReg 7065

SUBCHAPTER N FOOD AND FIBERS RESEARCH GRANT PROGRAM RULES ***RULE §1.921 Purpose***

The purpose of the Program is to assist the fibers and oilseeds industries in this state by identifying and obtaining available funding from public and private entities for the support of applied research related to fibers and oilseeds. The Council shall provide funding for surveys, research, and investigations relating to the use of cotton fiber, cottonseed, oilseed products, other products of the cotton plant, wool, mohair, and other textile products. Source Note: The provisions of this §1.921 adopted to be effective April 19, 2006, 31 TexReg 3252

DIVISION 6 ADMINISTRATIVE HEARING PROCEDURES FOR CONDUCTING THE APPEALS OF THE FOOD AND NUTRITION PROGRAMS ***RULE §1.1051 Purpose***

The purpose of these rules is to provide for a simple and efficient system for conducting administrative hearings for the appeals of TDA's action affecting the participation in TDA's Food and Nutrition Programs. These rules are designed to supplement procedures established by the Code of Federal Regulations (CFR) and shall be liberally construed, with a view towards the purpose for which they were adopted. Source Note: The provisions of this §1.1051 adopted to be effective March 1, 2009, 34 TexReg 1229

SUBCHAPTER A GENERAL RULES OF PRACTICE ***RULE §1.2 Purpose***

The purpose of these rules is to provide for a simple and efficient system of procedure, by establishing uniform standards of practice and procedure for actions by and before the department, thereby encouraging public participation and notice of agency actions. These rules are designed to supplement procedures established by the Administrative Procedure Act, or by other applicable statute, and therefore any such statutory procedure not specifically included in this chapter shall be applicable to practice before the department. These rules shall be liberally construed, with a view towards the purpose for which they were adopted. Source Note: The provisions of this §1.2 adopted to be effective January 18, 1991, 16 TexReg 113; amended to be effective August 3, 1993, 18 TexReg 4747; amended to be effective August 23, 1996, 21 TexReg 7656.

SUBCHAPTER A GENERAL RULES OF PRACTICE ***RULE §1.9 Effect of Signing of Pleadings, Sanctions***

The signatures of parties, representatives, or attorneys shall constitute a certificate as provided in the Texas Rules of Civil Procedure, Rule 13, and sanctions may be imposed for violations of that rule as provided therein. Source Note: The provisions of this §1.9 adopted to be effective January 18, 1991, 16 TexReg 113

SUBCHAPTER Q PROTEST OF CONTRACT AWARDS OR AGENCY PROCUREMENT PROCEDURES ***RULE §1.1105 Applicability of Subchapter***

This subchapter does not apply to grant awards made by the agency, or any grant programs administered by the agency. Source Note: The provisions of this §1.1105 adopted to be effective March 26, 2013, 38 TexReg 1971

SUBCHAPTER O HOME-DELIVERED MEAL GRANT PROGRAM ***RULE §1.950 Purpose***

This subchapter establishes the requirements for eligible organizations to apply for and obtain grant funds to supplement and extend existing services related directly to delivery of meals to Homebound Elderly persons and Homebound persons with a Disability, through the Home-Delivered Meal Grant Program; and establishes the requirements for related nutritional standards, recordkeeping and documentation related to the Program. Source Note: The provisions of this §1.950 adopted to be effective September 11, 2007, 32 TexReg 6127

SUBCHAPTER E ADVISORY COMMITTEES ***RULE §1.200 Scope and Purpose***

This subchapter identifies advisory committees created by or under statute to advise the Texas Department of Agriculture and, in accordance with the provisions of the Texas Government Code, Chapter 2110 (Vernon Supp. 2000), prescribes the purposes and duties of such committees, and the expiration date of each committee. Unless otherwise provided for a specific committee, the manner in which each continuing committee will report to the agency is by the preparation and submission of committee minutes to the department. In addition, the commissioner may request that a committee prepare and submit a report of committee activities. Source Note: The provisions of this §1.200 adopted to be effective January 17, 1995, 20 TexReg 19; amended to be effective August 30, 2000, 25 TexReg 8375

SUBCHAPTER AGENERAL RULES OF PRACTICE ***RULE §1.6 Computation and Enlargement of Time***

Unless otherwise provided by statute, time periods provided for in these rules shall be computed and enlarged as provided in the Texas Rules of Civil Procedure, Rules 4 and 5. Source Note: The provisions of this §1.6 adopted to be effective January 18, 1991, 16 TexReg 113.

SUBCHAPTER A GENERAL RULES OF PRACTICE ***RULE §1.27 Texas Rules of Court To Apply***

Unless otherwise provided for in the Act or this chapter, the Texas Rules of Civil Procedure and the Texas Rules of Civil Evidence may be applied to govern procedural matters in proceedings before the department where, in the determination of the commissioner or the administrative law judge, such rules are practicable. Source Note: The provisions of this §1.27 adopted to be effective January 18, 1991, 16 TexReg 113; amended to be effective August 3, 1993, 18 TexReg 4747; amended to be effective August 23, 1996, 21 TexReg 7656.

SUBCHAPTER DCONDITIONS OF GRANT FUNDING ***RULE §3.2001 Conditions of Funding***

When CJD determines that a grantee has failed to submit the necessary information or has failed to comply with any applicable statute, rule, regulation, guideline, or requirement, CJD may place a condition of funding on the grant which may invoke a hold on funds. Source Note: The provisions of this §3.2001 adopted to be effective February 24, 2000, 25 TexReg 1297; amended to be effective December 16, 2002, 27 TexReg 11729; amended to be effective October 13, 2003, 28 TexReg 8873; amended to be effective June 21, 2009, 34 TexReg 3925

SUBCHAPTER B CONSOLIDATED LICENSES ***RULE §2.13 Inspections***

Where practicable, the department may combine all inspections required for each of the component licenses into a single inspection. Source Note: The provisions of this §2.13 adopted to be effective April 23, 1998, 23 TexReg 3821.

SUBCHAPTER B DUTIES OF A FUNERAL ESTABLISHMENT/LICENSEE ***RULE §203.23 Embalmer in Charge***

a) Each licensed commercial embalming establishment must at all times have a designated Embalmer in Charge, who is ultimately responsible for compliance with all mortuary, health, and vital statistics laws in the commercial embalming establishment. A commercial embalming establishment must designate an Embalmer in Charge at the time it receives its establishment license, and any time the Embalmer in Charge changes the commercial embalming establishment must notify the commission, on a form prescribed by the Commission, within 15 days. (b) The Embalmer in Charge must be generally available in the routine functions of the commercial embalming establishment in order to personally carry out his or her responsibilities. (c) The Embalmer in Charge may be served with administrative process when violations are alleged to have been committed in a commercial embalming establishment. (d) An individual may not be designated as the Embalmer and/or the Funeral Director in Charge of more than one establishment unless the additional establishments are operated as branches or satellites of a primary establishment, all of the establishments are under the same ownership, and no establishment is more than 100 miles from any other establishment held under the same ownership conditions. (e) In order to be designated Embalmer in Charge of more than one establishment, the licensee must submit a petition to the Commission that clearly explains how each of the criteria in subsection (d) of this section has been met. The Executive Director shall decide whether to grant the petition. The request and decision will be made part of the permanent licensing file. The Executive Director's decision to deny may be appealed, in writing, to the Commissioners, and the appeal will be considered at the Commission's next regularly scheduled meeting. The Executive Director shall advise interested parties of the action taken by the Commission in writing. (f) If the commercial embalming establishment employs a provisional licensee it is the responsibility of the embalmer in charge and the provisional licensee to schedule case work sufficient for the provisional program. It is the responsibility of the embalmer in charge to ensure that each provisional licensee is properly supervised while performing cases. (g) The Embalmer in Charge shall retain the originals of all provisional license case reports with supporting documentation for two years from the completion date of the provisional program. (h) If a provisional license holder leaves the employment of an Embalmer in Charge, the Embalmer in Charge must file an affidavit as described in Occupations Code §651.304(d), within 15 days of employment termination. Source Note: The provisions of this §203.23 adopted to be effective October 18, 2015, 40 TexReg 7069

SUBCHAPTER ALICENSING ***RULE §203.12 Temporary Operation Authorization--Damaged Establishments***

a) The Commission may grant a temporary operation authorization to a funeral establishment, commercial embalming facility, or crematory to operate at a temporary location if the licensed location is damaged by fire, flood, or other natural disaster. (b) The temporary location must meet all the requirements for establishments under Occupations Code Chapter 651 and the Rules of the Commission. (c) The application for a temporary operation authorization shall be in writing, shall detail the circumstances which prevent the conduct of business at the licensed location, and shall provide an estimated date by which the licensed location will be made ready for operation. Source Note: The provisions of this §203.12 adopted to be effective October 18, 2015, 40 TexReg 7065