Texas Register, Volume 33, Number 46, Pages 9149-9344, November 14, 2008 Page: 9,190
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(ii) take any action to revoke or deny renewal of a
license of a school or course provider based on the change; or
(iii) withdraw approval of a program or ADM based
on the change; and
(D) is not required to specify the method or manner by
which the course provider alters the ADM to come into compliance
with state law and the rules in this chapter.
(6) If the TEA allows immediate implementation pursuant
to paragraph (1) of this subsection and later determines that the descrip-
tion of the change or the request was misleading, materially inaccurate,
not substantially complete, or not made in good faith, paragraph (5)(C)
of this subsection does not apply.
(7) A course provider who immediately implements a
change pursuant to paragraph (1) of this subsection and fails to bring
the ADM into compliance prior to the date allowed under paragraph
(5)(A)(ii) of this subsection may be determined to be in violation of
state law or the rules in this chapter after that date.
(8) A course provider that immediately implements a
change under paragraph (1) of this subsection assumes the risk of final
approval being denied and of being required to come into compliance
with state law and the rules in this chapter prior to the date allowed
under paragraph (5)(A)(ii) of this subsection, including bearing the
cost of reversing the change or otherwise modifying the ADM to come
into compliance with state law and the rules in this chapter.
(j) Termination of the school's operation. Upon termination, a
school shall deliver any missing student data to TEA within five days
(k) Renewal of ADM approval. The ADM approval must be
renewed every two years. The renewal document due date shall be
March 1, 2012, and every two years thereafter.
(1) For approval, the course provider shall:
(A) update all the statistical data and references to law
with the latest available data; and
(B) submit a statement of assurance saying that the
ADM has been updated to reflect the latest applicable laws and
(2) Failure to make necessary changes or to submit a state-
ment of assurance documenting those changes shall be cause for revo-
cation of the ADM approval.
(3) The commissioner may alter the due date of the renewal
documents by giving the approved ADM six months' notice. The com-
missioner may alter the due date in order to ensure that the ADM is
updated six months after the effective date of new state laws passed by
the Texas Legislature.
(1) Access to instructor. With the exception of circumstances
beyond the control of the school, the student shall have adequate ac-
cess (on the average, within two minutes) to both a licensed instructor
and telephonic technical assistance (help desk) throughout the program
such that the flow of instructional information is not delayed.
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 October 31,
Cristina De La Fuente-Valadez
Director, Policy Coordination
Texas Education Agency
Earliest possible date of adoption: December 14, 2008
For further information, please call: (512) 475-1497
TITLE 22. EXAMINING BOARDS
TEXAS BOARD OF NURSING
CHAPTER 211. GENERAL PROVISIONS
22 TAC 211.6
The Texas Board of Nursing (BON) proposes an amendment to
22 TAC 211.6, pertaining to Committees of the Board. The pro-
posed amendment adds language to the foregoing rule reflect-
ing the establishment of the Eligibility and Disciplinary Advisory
Committee (EDAC), formerly known as the Eligibility and Disci-
plinary Committee Task Force. When the Task Force was cre-
ated, its purpose was to develop recommendations for the Board
concerning matters of licensure, eligibility, and discipline. The
designation of "Task Force" has served to describe the commit-
tee as potentially limited in duration. This committee has proved
a very valuable asset in obtaining stakeholder input regarding
matters of eligibility and discipline and has served to educate
stakeholders as to the unique value of the Board in the protection
of public health and welfare through its decisions regarding eligi-
bility and discipline. The Task Force has been re-designated as
a standing "Advisory Committee," which is to be utilized to give
analysis and advise the Board regarding regulatory matters, with
Katherine Thomas, Executive Director, has determined that for
the first five-year period the proposed amendment is in effect
there will be no additional fiscal implications for state or local
government as a result of implementing the proposed amend-
Ms. Thomas has also determined that for each year of the first
five years the proposed amendment is in effect, the public benefit
will be that the amendment will provide greater efficiency in the
administration of the agency's functions. There will not be any
foreseeable effect on small businesses. There are no anticipated
costs to affected individuals as a result of the implementation of
the proposed amendment.
Written comments on the proposal may be submitted to James
W. Johnston, General Counsel, Texas Board of Nursing, 333
Guadalupe, Suite 3-460, Austin, Texas 78701, or by e-mail to
firstname.lastname@example.org, or faxed to (512) 305-8101.
The amendment is proposed pursuant to the authority of Texas
Occupations Code 301.151 which authorizes the Texas Board
of Nursing to adopt, enforce, and repeal rules consistent with its
legislative authority under the Nursing Practice Act.
No other articles, statutes or codes are affected by this proposal.
211.6. Committees of the Board.
(a) - (e) (No change.)
(f) Advisory Committees. The president may appoint, with the
authorization of the board, advisory committees for the performance of
such activities as may be appropriate or required by law.
33 TexReg 9190 November 14, 2008
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Texas. Secretary of State. Texas Register, Volume 33, Number 46, Pages 9149-9344, November 14, 2008, periodical, November 14, 2008; Austin, Texas. (texashistory.unt.edu/ark:/67531/metapth90822/m1/41/: accessed September 18, 2018), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting UNT Libraries Government Documents Department.