Texas Register, Volume 23, Number 49, Part III, Pages 12311-12450, December 4, 1998 Page: 12,395
12311-12450 p. ; 28 cm.View a full description of this periodical.
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(4) obtaining accreditation from a training provider that
does not have approval to offer training for the particular discipline
from either EPA or from a State that has a contractor accreditation
plan at least as stringent as the EPA MAP.
(c) The contested-case hearing provisions of the Administra-
tive Procedure Act, Texas Government Code, Chapter 2001 shall ap-
ply to any enforcement action proposed to be taken under this section.
The formal hearing procedures of the department in Chapter 1 of this
title (relating to the Board of Health) shall also apply. The person
charged with the violation shall be notified of the alleged violation;
the grounds upon which the suspension, revocation, or withdrawal ias
based; the time period during which the suspension, revocation, or
withdrawal is effective, whether permanent or otherwise; the condi-
tions, if any, under which the affected entity may receive accreditation
or approval in the future; any additional conditions which the Com-
missioner may impose; and the opportunity to request a hearing prior
to final department action to suspend or revoke accreditation or sus-
pend or withdraw approval.
(d) If an accreditation received under 295.57 of this title
(relating to Accreditation: Asbestos Abatement in Commercial
Buildings) has been suspended, the person(s) named in the suspension
shall not be eligible to reapply for accreditation under this section for
one year.
(e) If an accreditation received under 295.57 of this title
has been revoked, the person(s) named in the revocation shall not
be eligible to reapply for accreditation under these sections for three
years.
295.68. Compliance: Inspections and Investigations.
(a) The Texas Department of Health (department) has the
right to inspect or investigate the practices of any person involved
with asbestos abatement or related activity in a facility, public or
commercial building.
(b)-() (No change.)
(f) All persons engaged in asbestos-related activities must
have the department-issued ID Card present at the worksite except
those persons working in a commercial building which must have
their accreditation certificate or card.
This agency hereby certifies that the adoption has been re-
viewed by legal counsel and found to be a valid exercise of the
agency's legal authority.
Filed with the Office of the Secretary of State on November 23,
1998.
TRD-9817896
Susan K. Steeg
General Counsel
Texas Department of Health
Effective date: December 13, 1998
Proposal publication date: May 29, 1998
For further information, please call: (512) 458-7236
TITLE 28. INSURANCE
Part I. Texas Department of Insurance
Chapter 19. Agent's LicensingSubchapter V. Registration of Full Time Home
Office Salaried Employees
28 TAC 19.3001-19.3006
The Commissioner of Insurance adopts new Subchapter V,
19.3001-19.3006, concerning the registration of any full-time
home office salaried employee who solicits or receives an
application for the sale of insurance. Section 19.3002 and
19.3005 are adopted with changes to the proposed text as
published in the June 5, 1998, issue of the Texas Register
(23 TexReg 5935). Sections 19.3001, 19.3003, 19.3004 and
19.3006 of the new subchapter are adopted without changes to
the proposed text and will not be republished.
The 75th Legislature enacted Article 21.14 20A which requires
full-time home office salaried employees who solicit insurance
to register with the Commissioner of Insurance. Article 21.14
20A(e) requires the Commissioner to adopt rules to implement
the registration requirement The Commissioner adopts this
rule to provide guidance to direct writers in the proper regis-
tration of full-time home office salaried employees. The new
subchapter defines the terms used in Insurance Code Article
21.14 20A, and clarifies who must register with the Commis-
sioner.
Certain definitions in 19.3002 were changed in response to
comments received. These comments pointed out potential
conflicts between the statute and the rule which would have
impinged upon the ability of many insurers to comply with
the registration requirement The changes to the definitions
of "full-time," "home office" and "insurance carrier" clarify the
application of the sections.
The text of 19.3005 was changed to clarify the type of
document to be filed with the Department of Insurance to
amend an insurer's general plan of operation as required by the
rule. This change will reduce the burden on insurers seeking
registration.
The requirements contained in the new subchapter reflect
the purpose of the 75th Legislature in enacting Article 21.14,
20A, which was, in part, to address the problem of licensing
provisions not applying equally to all persons engaged in the
solicitation of insurance in this state. The new subchapter
defines terms used in the statute and sets forth the registration
requirement In addition, the new subchapter identifies when
registration is required and provides the registration requirement
will not affect full-time home office salaried employees who do
not solicit or receive applications for the sale of insurance.
Comment One commentor noted that no implementation date
and no registration fee was included in the rule. Another
commentor noted that the time period within which insurers
must be in compliance is not specified in the rule.
Response: The rule will become effective once it has been
adopted according to the Administrative Procedures Act and
because a fee was not authorized by the statute, the Depart-
ment is unable to assess a fee at this time. The Department
expects all affected companies to be in compliance with the reg-
istration requirement no later than January 1, 1999.
Comment One commentor suggested the new subchapter
contain a definition of "solicit" in order to provide insurance
companies with the information necessary to determine which
employees are required to register under the new law.ADOPTED RULES December 4, 1998 23 TexReg 12395
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Texas. Secretary of State. Texas Register, Volume 23, Number 49, Part III, Pages 12311-12450, December 4, 1998, periodical, December 4, 1998; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth379980/m1/95/: accessed April 23, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.