Procedural Rule Review - Adoption Justification

Chapter 60. Procedural Rules of the Commission and the Department
(effective March 1, 2013)

The Texas Department of Licensing and Regulation (Department) filed a notice of intent to review and consider for re-adoption, revision, or repeal 16 Texas Administrative Code (TAC), Chapter 60, Procedural Rules of the Commission and the Department. The Notice of Intent to Review was published in the November 16, 2012, issue of the Texas Register (37 TexReg 9146). A subsequent notice was published in the December 14, 2012, issue of the Texas Register (37 TexReg 9827), which extended the public comment period until January 4, 2013.

Texas Government Code §2001.039 requires state agencies to review their rules every four years to determine if the reasons for initially adopting the rules continue to exist. The rules implementing the Procedural Rules of the Commission and the Department under Texas Occupations Code, Chapter 51, were scheduled for this four-year review.

The Department reviewed these rules and determined that the rules are still essential in implementing the statutory provisions of Texas Occupations Code, Chapter 51, Texas Department of Licensing and Regulation. The rules provide details that are not found in the statute but are necessary for implementation and operation of Department programs. For example, the rules detail general Commission and Executive Director powers and duties, rulemaking procedures, and contested case procedures that are necessary for the operation of all Department programs. In addition, Texas Occupations Code §51.201 specifically requires that rules be adopted to implement that Chapter. The Department received public comments in response to the Notice of Intent to Review from three (3) interested parties.

One comment actually relates to another rule review, for the Electricians program, and will be addressed as part of that rule review. One comment generally supports the current Chapter 60 rules but recommends that the time frame for filing complaints in §60.200 be reevaluated based on the type of work performed by license holders. This comment will be taken under consideration as part of any possible rule changes in the future. Another comment addresses rule provisions in the Barbering and Cosmetology programs, rather than the Chapter 60 rules, and is therefore outside the scope of this rule review.

The Texas Commission of Licensing and Regulation (Commission), the Department’s governing body, readopted the rules at 16 TAC Chapter 60, Procedural Rules of the Commission and the Department at its meeting on January 30, 2013, in their current form. As a result of this review process, the Department may propose amendments in the future that may further clarify or supplement the existing rules. Any future proposed changes to the rules will be published in the Proposed Rules section of the Texas Register and will be open for public comment prior to final adoption by the Commission in accordance with the requirements of the Administrative Procedure Act, Texas Government Code, Chapter 2001.

The rules are re-adopted by the Commission in accordance with Texas Government Code, §2001.039. This concludes the review of 16 TAC, Chapter 60, Procedural Rules of the Commission and the Department.

Issued in Austin, Texas on February 15, 2013.

William H. Kuntz, Jr.
Executive Director
Texas Department of Licensing and Regulation

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