Texas Register, Volume 38, Number 4, Pages 331-442, January 25, 2013 Page: 350
331-442 p. ; 28 cm.View a full description of this periodical.
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(k) The Texas Lottery Commission will make a written deter-
mination of the protest. To make its determination, the commission
will review:
(1) The protest;
(2) The contract award file;
(3) Any responses;
(4) The oral argument, and Executive Director's presenta-
tion, if any;
(5) The executive director's determination, including any
reasoning that supports the determination; and
(6) The staff attorney's recommendation. The written de-
termination of the protest will include findings of fact and conclusions
of law, and may include a determination voiding or sustaining the con-
tract. The Texas Lottery Commission's written determination will be
served, by facsimile or by email, on the protestant and all parties to the
protest proceedings. Confirmation of delivery to the designated fac-
simile machine, or confirmation that the notice was sent to an email
address designated for the receipt of correspondence, will be conclu-
sive proof that delivery was made. The Texas Lottery Commission's
determination shall be administratively final when issued.
1 The Texas Lottery Cmmissi7 at its discretion may al-
low oral argument by the protestant and the successful bidder or pro-
poser The following proedue will be followed if t Texas Lottery
Commission gra ts oral argumen t
1 E- Fach oral argument may be limited in time as deemed
appropriate by the Texas Lottery Commissio
1(2) Each oral argument will be based solely on the written
protest;4
-3 The execute director may be present, have the oppor-
tunity to make a presentation to the exas lottery ommissionregard-
ing the protest of the co ract award and may be available to respond
to questions by the Texas Lottery Gommission;]
1(4) The staff attorney who made the written recommenda-
tion to the Texas Lottery Commission may also be present to respond
to any questions by the Texas Lottery C nssV
1(k) The Texas ottery ommission will review the protest
the contract award f any responses consider the oral argument if
an . the executive direetor.s determinat.. n ini.ding any reasoning
that supports his determination his presentation and the staff attorneys
recommendation. The Texas Lottery Conmission wil4 make a written
determination of the protest including findings offact and conclusions
of law The written determination may include a determinaion void-
ing the contract or sustaining the contract. The Texas Lottery Gommis-
m s written determination wil be served by facsimile on the protes-
tant and at o parties tthe protest proceedings Cenfirmat;m of delivery
to the designed facsimile machine wi4 be oenelusive proof that de-
ihery was made The Texas ttery Commission's determination shall
be administravely final when issued.]j
401.104. Contract Monitoring Roles and Responsibilities.
The contract monitoring roles and responsibilities of agency internal
audit staff and other inspection, investigative, or compliance staff are
as follows-]
(1) A division within the agency will perform internal au-
dit activities that may include providing audit services and/or rendering
routine professional advice and answering technical questions to the
commission and staff to assist them in contract monitoring and com-
pliance.(2) A division [unit] within the agency will seek to improve
contract compliance by serving as a central repository for agency con-
tracts so the agency can perform contract compliance reviews.
(3) A division within the agency will function as the
agency's criminal enforcement unit. This unit will take action regard-
ing criminal activity related to agency contracts.
(4) A division or divisions within the agency will monitor
and report to other appropriate agency divisions or units regarding con-
tract compliance.
(5) A division within the agency will assist the adminis-
tering division or divisions and the contract management [and special
projects] section in monitoring agency contracts [a contract] in connec-
tion with applicable historically underutilized and minority business
contract requirements.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal author-
ity to adopt.
Filed with the Office of the Secretary of State on January 14,
2013.
TRD-201300086
Bob Biard
General Counsel
Texas Lottery Commission
Earliest possible date of adoption: February 24, 2013
For further information, please call: (512) 344-5275
TITLE 19. EDUCATION
PART 1. TEXAS HIGHER EDUCATION
COORDINATING BOARD
CHAPTER 9. PROGRAM DEVELOPMENT IN
PUBLIC TWO-YEAR COLLEGES
SUBCHAPTER D. TRANSFERABLE
ACADEMIC COURSES
19 TAC 9.74
The Texas Higher Education Coordinating Board proposes
amendments to 9.74, concerning Unique Need Courses. The
intent of the amendments is to reduce the amount of time spent
by community college personnel and Board staff in submitting,
reviewing, and approving upper-division courses that are used
in applied baccalaureate degrees. These amendments would
streamline the applied baccalaureate course approval process
found in Chapter 9, Subchapter D, and make those approvals
good for as long as the requesting college has the related ap-
plied baccalaureate degree on its approved program inventory.
Dr. MacGregor M. Stephenson, Assistant Commissioner for
Workforce, Academic Affairs and Research, has determined
that for the first five-year period the amendments are in effect
there will be no fiscal implications for state or local governments
as a result of amending this section.
Dr. Stephenson has also determined that for each year of the
first five years the amendments are in effect, the public benefits
anticipated as a result of administering the section will be to re-38 TexReg 350 January 25, 2013 Texas Register
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Texas. Secretary of State. Texas Register, Volume 38, Number 4, Pages 331-442, January 25, 2013, periodical, January 25, 2013; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth290819/m1/18/: accessed April 25, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.