JUSTIFICATION FOR ADMINISTRATIVE RULE ADOPTION
16 TAC Chapter 88, §88.80
The Texas Commission of Licensing and Regulation (Commission) adopts amendments to an existing rule at 16 Texas Administrative Code, (TAC), Chapter 88, §88.80 regarding the Polygraph Examiners program, as published in the September 16, 2011, issue of the Texas Register (36 TexReg 6104), without changes. The adoption takes effect February 1, 2012.
Pursuant to the Department’s annual fee review, the fees currently in place were above the amount required by the Department to cover costs. The decrease in fees will not adversely affect the administration and enforcement of the Polygraph Examiner program. The amendment to §88.80 lower the polygraph examiner original application fee from $500 to $400 and the polygraph examiner renewal fee from $450 to $350. The amendment also lowers the internship original application fee from $150 to $50 and the internship renewal fee from $75 to $50.
The Department drafted and distributed the proposed rule to persons internal and external to the agency. The proposed rule was published in the Texas Register on September 16, 2011, (36 TexReg 6104). The 30-day public comment period closed on October 17, 2011.
The Department received one public comment from the Texas Association of Law Enforcement Polygraph Investigators (TALEPI) in support of the proposed fee reductions along with a request that consideration be given to further reductions in fees to bring them more in line with the average TDLR licensing fee.
The amendment is adopted under Texas Occupations Code, Chapters 51 and 1703, which authorizes the Commission, the Department’s governing body, to adopt rules as necessary to implement this chapter and any other law establishing a program regulated by the Department.
The statutory provisions affected by the adoption are those set forth in Texas Occupations Code, Chapters 51 and 1703. No other statutes, articles, or codes are affected by the adoption.
(a) Application Fees
(1) Polygraph Examiner
(A) Original application--$400
(A) Original application--$50
(D) Change of Sponsor--$25
(b) Late renewal fees for licenses issued under this chapter are provided under §60.83 of this title (relating to Late Renewal Fees).
(c) All fees are nonrefundable except as provided for by commission rules or statute.
This agency hereby certifies that the adoption has been reviewed 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 January 12, 2012
William H. Kuntz, Jr.
Texas Department of Licensing and Regulation