Texas Register, Volume 34, Number 35, Pages 5839-5988, August 28, 2009 Page: 5,855
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(d) The Board shall notify the Comptroller of Public Accounts
when a recipient's loan has become 90 days or more past due, resulting
in the non-issuance of certain state warrants.
21.2250. Exemption and Cancellation.
(a) The recipient shall be exempt from the requirement to re-
pay the Texas Armed Services loan if the person is unable to meet the
obligations of the agreement solely as a result of physical inability and
provides a physician's certification and/or other appropriate documen-
tation to the satisfaction of the Board.
(b) The Board shall cancel a recipient's loan upon the death of
the recipient unless the debt was reduced to judgment before the death
(c) The Board may cancel a recipient's service and/or repay-
ment obligation if funding for the Texas Armed Services Scholarship
program is discontinued while the recipient continues to meet eligibil-
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 August 13, 2009.
Texas Higher Education Coordinating Board
Proposed date of adoption: October 29, 2009
For further information, please call: (512) 427-6114
TITLE 22. EXAMINING BOARDS
TEXAS BOARD OF NURSING
CHAPTER 213. PRACTICE AND PROCEDURE
22 TAC 213.23
The Texas Board of Nursing (Board) proposes amendments
to 213.23, concerning Decision of the Board. These amend-
ments are proposed under the Occupations Code 301.459(a)
and 301.151 and the Government Code 2001.004 and
2001.062(a) and (b) and are necessary to implement the
Board's amended policy regarding the appearance of individuals
before the Board in contested cases. Specifically, the proposed
amendments establish the specific procedures and require-
ments that must be met before an individual will be permitted to
appear before the Board to make an oral presentation regarding
a Proposal for Decision (PFD) in a contested case.
Pursuant to the Occupations Code 301.505(c) and the Govern-
ment Code Chapter 2001, an Administrative Law Judge (ALJ) is
required to issue a PFD that includes findings of fact, conclusions
of law, and proposed sanctions and penalties in each contested
case filed by the Board with the State Office of Administrative
Hearings (SOAH). Once a PFD has been issued by an ALJ and
all exceptions have been filed and ruled on by the ALJ, the Board
reviews, deliberates, and decides whether to accept the PFD's
findings of fact, conclusions of law, and recommended sanc-
tions and penalties with, or without, modification. Historically, the
Board has permitted an individual affected by a PFD to appear
before it to make an oral presentation regarding the PFD prior
to the Board's final deliberation and decision. Although these in-
dividuals are requested to submit their arguments and briefing
to the Board in advance of the Board meeting in which the PFD
is scheduled to be considered, the majority of these individuals
have ignored this request and, instead, have opted to orally ad-
dress the Board during its open meeting. The Board's policy of
permitting individuals to appear before it to make presentations
regarding PFDs was intended to provide individuals with an addi-
tional opportunity to be heard and to maintain a sense of fairness
in Board decisions. However, over time, it has become clear that
most individuals inappropriately utilize the oral forum to present
information to the Board that was not considered by the ALJ who
prepared and issued the PFD. Because the receipt and consid-
eration of such information could introduce agency error into final
Board decisions, the Board re-considered its policy of permitting
individuals to appear before it at the April, 2009, Board meeting,
and voted to amend its policy. The amended policy permits an
individual to appear before the Board to make an oral presenta-
tion regarding a PFD provided thatthe individual provides written
exceptions or briefs to the Board in advance of the Board meet-
ing where the PFD will be considered.
The Government Code 2001.062(a)(2) requires a party who
may be adversely affected by an agency decision to be given
an opportunity to file exceptions and present briefs to the state
agency officials who will render the final decision. Additionally, if
exceptions or briefs are filed by a party, 2001.062(b) requires
that the other party be given an opportunity to file replies to the
exceptions or briefs. Neither the Government Code Chapter
2001 nor the Occupations Code Chapter 301, however, requires
the Board to provide an individual with an additional opportu-
nity to appear before it to make an oral presentation regarding a
PFD once the individual has been afforded a hearing at SOAH.
Further, the Board recognizes that an individual who appears be-
fore the Board may present information to the Board that was not
presented to the ALJ who prepared and issued the PFD under
consideration. Nevertheless, the Board has determined that it
should continue to offer an individual affected by a PFD the op-
portunity to appear before it. However, the Board has also deter-
mined that it should adopt procedures and requirements that are
designed to minimize the risk of receiving new evidence and tes-
timony during the individual's oral presentation to the Board. To
that end, the Board is proposing amendments to 213.23, which
will require individuals to meet certain requirements before they
are allowed to appear before the Board.
In accordance with the requirements of the Government Code
2001.062, the proposed amendments to 213.23(d) provide
parties an opportunity to file: (i) written exceptions and briefs with
the Board concerning a PFD; and (ii) responses to written excep-
tions and briefs. Under this proposed amendment, an individual
is entitled to file written exceptions and briefs with the Board re-
garding a PFD, regardless of whether the individual also intends
to appear before the Board to make an oral presentation regard-
ing the PFD. In such event, the Board will consider the written
exceptions and briefs that were submitted to it during its open
meeting. However, if an individual intends to appear before the
Board to make an oral presentation regarding a PFD, the pro-
posed amendments to 213.23(d) require the individual to first
file written exceptions or briefs with the Board at least 21 days
prior to the date of the Board meeting in which the Board will con-
sider the PFD. If an individual fails to meet this proposed require-
ment, for example, by either not filing written exceptions or briefs
or by filing written exceptions or briefs untimely, the individual will
not be permitted to appear before the Board to make an oral pre-
sentation. Rather, the Board will consider any written exceptions
PROPOSED RULES August 28, 2009
34 TexReg 5855
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Texas. Secretary of State. Texas Register, Volume 34, Number 35, Pages 5839-5988, August 28, 2009, periodical, August 28, 2009; Austin, Texas. (texashistory.unt.edu/ark:/67531/metapth90867/m1/15/: accessed September 18, 2018), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting UNT Libraries Government Documents Department.