Texas Register, Volume 23, Number 15, Pages 3631-3764, April 10, 1998 Page: 3,652
3631-3764 p. ; 28 cm.View a full description of this periodical.
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the reasonable time deadline does not begin running mnti the first
workday of the following January.]
(6) Acceptance and submission of cancellation forms and
cancellation notices.
(A) An eligible organization must accept a cancella-
tion form or cancellation notice from a state employee unless:
(i) the employee is not a member of the organiza-
tion; or
(ii) the employee did not properly complete the
cancellation form.
(B) An eligible organization must make a reasonable
effort to ensure that the appropriate state agency receives the original
of a state employee's cancellation form or cancellation notice within
a reasonable time after the organization receives the form or notice.
(7) Refunding excessive payments of amounts deducted
under this section.
(A) An eligible organization shall refund a payment of
amounts deducted under this section to the extent the amount exceeds
the amount that should have been paid to the organization if:
(i) the organization receives a written request for
the refund from a state agency;
(ii) the agency provides reasonable evidence of the
overpayment to the organization; and
(iii) no subsequent payments of amounts deducted
under this section are anticipated to be made to the organization.
(B) If a refund is required by subparagraph (A) of
this paragraph, the organization must ensure that the appropriate state
agency receives the refund by no later than the 30th calendar day after
the later of:
(i) the date on which the organization receives the
agency's written request for the refund; and
(ii) the date on which the organization receives the
agency's reasonable evidence of the overpayment.
(1) [(p)] Responsibilities of state agencies.
(1) Reports of violations. A state agency may report to
the comptroller a violation of this section that the agency believes an
eligible organization or its representatives or employees might have
committed. A report must be made in writing, and a copy of the
report must be mailed to the organization at the same time that the
original of the report is mailed to the comptroller.
(2) Authorization forms. A state agency:
(A) may accept authorization forms only if they
comply with this section;
(B) must ensure that the identifying information for
an eligible organization on an authorization form is the same as the
identifying information on the notification document received from
the comptroller under subsection (g)(6)(B) of this section; and
(C) may not accept an authorization form that contains
an obvious alteration without the state employee's written consent to
the alteration.
(3) Detail reports to eligible organizations.
(A) This subparagraph applies to the employer of one
or more state employees from whose salary or wages deductionsauthorized by this section are made. An employer must submit a
detail report each month to each eligible organization that receives
the deductions. The report must be submitted in the manner required
by the organizations unless the employer is incapable of complying
with the requirement.
(B) A detail report to an eligible organization for a
month must include:
(i) the name, in alphabetical order, and social
security number of each state employee from whose salary or wages
a deduction was authorized by this section for the month, regardless
of whether the deduction was actually made; and
(ii) the amount of the deduction made for each
employee.
(C) This subparagraph applies when the comptroller
or an institution of higher education pays membership fees to an
eligible organization by warrant or check. The appropriate state
agency must mail the detail report for the payment to the organization
by no later than the 20th calendar day of the month in which the
payment was made. If the 20th calendar day is not a workday, then
the first workday following the 20th calendar day is the deadline for
mailing the report.
(D) This subparagraph applies when the comptroller
or an institution of higher education pays membership fees to an
eligible organization by electronic funds transfer. The appropriate
state agency must mail the detail report for the payment to the
organization by no later than the 20th calendar day of the month
in which the payment was made. If the 20th calendar day is not a
workday, then the first workday following the 20th calendar day is
the deadline for mailing the report.
(m) [(q}] Termination of certification.
(1) Termination by the comptroller.
(A) The comptroller may terminate the certification of
an eligible organization only if the organization violates[:]
[({i] subsection (e)(1) of this section [ or ]
[() sbsection o of this section 1
(B) The comptroller may determine the effective date
of a termination under this paragraph. No deduction authorized by
this section may be made to an eligible organization on or after the
effective date of a termination under this paragraph.
(C) When the comptroller terminates the certification
of an eligible organization, the comptroller shall send written notice
of the termination to the organization via certified mail, return receipt
requested.
(2) Termination by eligible organizations.
(A) An eligible organization may terminate its partic-
ipation in the deduction program authorized by this section only by
terminating its certification.
(B) An eligible organization may terminate its certifi-
cation by providing written notice of termination to the comptroller.
However, an organization may not provide written notice of termi-
nation to the comptroller until the organization has provided written
notice of termination to each state employee from whose salary or
wages a membership fee to the organization is being deducted.
(C) An eligible organization's termination of its
certification is effective beginning with the salary or wages that are
paid on the first workday of the third month following the month23 TexReg 3652 April 10, 1998 Texas Register
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Texas. Secretary of State. Texas Register, Volume 23, Number 15, Pages 3631-3764, April 10, 1998, periodical, April 10, 1998; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth113834/m1/22/: accessed April 27, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.