Proposed Rule Reviews

Transcription

1 Proposed Rule Reviews Title 37, Part 13 The (commission) files this 401, concerning Practice and Procedure. Chapter 401 consists of Subchapter A, General Provisions and Definitions, 401.1, Purpose and Scope, 401.3, Definitions, 401.5, Delegation of Authority, 401.7, Construction, 401.9, Records of Official Action, , Conduct of Commission and Advisory Meetings, , Computation of Time, , Agreements To Be in Writing; Subchapter B, Rulemaking Proceedings, , Requirements, , Petition for Adoption of Rules; Subchapter C, Examination Appeals Process, , Examination Challenge, , Examination Waiver Request; Subchapter D, Disciplinary Proceedings, , Disciplinary Proceedings in Contested Cases; Subchapter E, Prehearing Proceedings, , Preliminary Staff Conference; Subchapter F, Contested Cases, , Preliminary Notice and Opportunity for Hearing, , Notice of Hearing, , Filing of Exceptions and Replies to Proposal for Decision, , Orders, , Record, , Final Decision and Orders, , Motions for Rehearing; Subchapter G, Conduct and Decorum, Sanctions, and Penalties, , Administrative Penalties; Subchapter H, Reinstatement, , Application for Reinstatement of License or Certificate, , Evaluation for Reinstatement, , Procedure upon Request for Reinstatement, , Commission Action Possible upon Reinstatement, , Failure to Appear for Reinstatement; Subchapter I, Notice and Processing Periods for Certificate Applications, , Purpose of Establishing Time Periods, , Notice of Deficiency, , Processing Periods, and , Appeal; Subchapter J, Charges for Public Records, , Charges for Public Records; and Subchapter K, Historically Underutilized Businesses, , Historically Underutilized Businesses. The, which administers these,, P.O. Box TRD The (commission) files this notice repeal, Texas Administrative Code, Title 37, Part 13, Chapter 423, concerning Fire Suppression. Chapter 423 consists of Subchapter A, Minimum Standards For Structure Fire Protection Personnel Certification, 423.1, Minimum Standards for Structure Fire Protection Personnel, 423.3, Minimum Standards for Basic Structure Fire Protection Personnel Certification, 423.5, Minimum Standards for Intermediate Structure Fire Protection Personnel Certification, 423.7, Minimum Standards for Advanced Structure Fire Protection Personnel Certification, 423.9, Minimum Standards for Master Structure Fire Protection Personnel Certification, , Higher Levels of Certification, and , International Fire Service Accreditation Congress (IFSAC) Seal, Subchapter B, Minimum Standards For Aircraft Rescue Fire Fighting Personnel, , Minimum Standards for Aircraft Rescue Fire Fighting Personnel, , Minimum Standards for Basic Aircraft Rescue Fire Fighting Personnel Certification, , Minimum Standards for Intermediate Aircraft Rescue Fire Fighting Personnel Certification, , Minimum Standards for Advanced Aircraft Rescue Fire Fighting Personnel Certification, , Minimum Standards for Master Aircraft Rescue Fire Fighting Personnel Certification, and , International Fire Service Accreditation Congress (IFSAC) Seal, and Subchapter C, Minimum Standards For Marine Fire Protection Personnel, , Minimum Standards For Marine Fire Protection Personnel, , Minimum Standards For Basic Marine Fire Protection Personnel Certification, , Minimum Standards For Intermediate Marine Fire Protection Personnel Certification, , Minimum Standards For Advanced Marine Fire Protection Personnel Certification, and , Minimum Standards For Master Marine Fire Protection Personnel Certification. The, which administers these RULE REVIEW February 3, TexReg 495

2 ,, P.O. Box TRD The (commission) files this 425, concerning Fire Service Instructors. Chapter 425 consists of 425.1, Minimum Standards For Fire Service Instructor Certification, 425.3, Minimum Standards For Fire Service Instructor I Certification, 425.5, Minimum Standards For Fire Service Instructor II Certification, 425.7, Minimum Standards For Fire Service Instructor III Certification, 425.9, Minimum Standards For Master Fire Service Instructor III Certification, and , International Fire Service Accreditation Congress Seal. The, which administers these,, P.O. Box TRD The (commission) files this 431, concerning Fire Investigation. Chapter 431 consists of Subchapter A, Minimum Standards For Arson Investigator Certification, 431.1, Minimum Standards for Arson Investigation Personnel, 431.3, Minimum Standards for Basic Arson Investigator Certification, 431.5, Minimum Standards for Intermediate Arson Investigator Certification, 431.7, Minimum Standards for Advanced Arson Investigator Certification, 431.9, Minimum Standards for Master Arson Investigator Certification, , Minimum Standards for Arson Investigator Certification for Law Enforcement Personnel, , International Fire Service Accreditation Congress (IFSAC) Seal, Subchapter B, Minimum Standards For Fire Investigator Certification, , Minimum Standards for Fire Investigation Personnel, , Minimum Standards for Fire Investigator Certification, , Minimum Standards for Intermediate Fire Investigator Certification, , Minimum Standards for Advanced Fire Investigator Certification, , Minimum Standards for Master Fire Investigator Certification, and , International Fire Service Accreditation Congress (IFSAC) Seal-Fire Investigator. The, which administers these,, P.O. Box TRD The (commission) files this 433, concerning Minimum Standards For Driver/Operator-Pumper. Chapter 433 consists of 433.1, Driver/Operator-Pumper Certification, 433.3, Minimum Standards for Driver/Operator-Pumper Certification, 433.5, Examination Requirements, and 433.7, International Fire Service Accreditation Congress (IFSAC) Seal. The, which administers these,, P.O. Box TRD The (commission) files this 42 TexReg 496 February 3, 2017 Texas Register

3 435, concerning Fire Fighter Safety. Chapter 435 consists of 435.1, Protective Clothing, 435.3, Self-Contained Breathing Apparatus, 435.5, Commission Recommendations, 435.7, Fire Department Staffing Studies, 435.9, Personal Alert Safety System (PASS), , Incident Management System (IMS), , Personnel Accountability System, , Operating At Emergency Incidents, , Procedures for Interior Structural Fire Fighting (2-In/2-Out Rule), , Enforcement of Commission Rules, , Fire Service Joint Labor Management Wellness-Fitness Initiative, , Fire Fighter Injuries, , Courage to be Safe So Everyone Goes Home Program, , Live Fire Training Structure Evolutions, and , Federal Highway Administration Traffic Incident Management Program. The, which administers these,, P.O. Box TRD The (commission) files this notice repeal, Texas Administrative Code, Title 37, Part 13, Chapter 437, concerning Fees. Chapter 437 consists of 437.1, Purpose and Scope, 437.3, Certification Application Processing Fees, 437.5, Renewal Fees, 437.7, Standards Manual and Certification Curriculum Manual Fees, , Copying Fees, , Processing Fees for Test Application, , International Fire Service Accreditation Congress (IFSAC) Seal Fees, , Records Review Fees, and Early Review Fees. The, which administers these,, P.O. Box TRD The (commission) files this notice repeal, Texas Administrative Code, Title 37, Part 13, Chapter 443, concerning Certification Curriculum Manual. Chapter 443 consists of 443.1, Curriculum Approval by the Fire Fighter Advisory Committee, 443.3, Curriculum Approval by the, 443.5, Effective Date of New Curricula or Changes to Curricula Required by Law or Rule, 443.7, Effective Date of New Curricula or Changes or Revision to Existing Curricula Which Are Voluntary, and 443.9, National Fire Protection Association Standard. The, which administers these,, P.O. Box TRD The (commission) files this notice repeal, Texas Administrative Code, Title 37, Part 13, Chapter 445, concerning Administrative Inspections And Penalties. Chapter 445 consists of 445.1, Entity Inspections, 445.3, Right of Access, 445.5, Duty to Comply; Enforcement, 445.7, Procedures, 445.9, Procedure for Violations, , Liability for Violations, and , Inspection Forms. The, which administers these,, P.O. Box TRD RULE REVIEW February 3, TexReg 497

4 The (commission) files this notice repeal, Texas Administrative Code, Title 37, Part 13, Chapter 447, concerning Part-Time Fire Protection Employee. Chapter 447 consists of 447.1, Minimum Standards for Part-Time Fire Protection Employees, 447.3, Minimum Standards for Higher Levels of Part-Time Certification, and 447.5, Permissible Hours of Work for Part-Time Fire Protection Employees. The, which administers these,, P.O. Box TRD The (commission) files this notice repeal, Texas Administrative Code, Title 37, Part 13, Chapter 491, concerning Voluntary Regulation of State Agencies and State Agency Employees. Chapter 491 consists of 491.1, Election of Components for Voluntary Regulation, 491.3, Documentation, and 491.5, Notification. The, which administers these,, P.O. Box TRD The (commission) files this notice repeal, Texas Administrative Code, Title 37, Part 13, Chapter 493, concerning Voluntary Regulation of Federal Agencies and Federal Fire Fighters. Chapter 493 consists of 493.1, Election of Components for Voluntary Regulation, 493.3, Documentation, and 493.5, Notification. The, which administers these,, P.O. Box TRD The (commission) files this notice repeal, Texas Administrative Code, Title 37, Part 13, Chapter 495, concerning Regulation of Nongovernmental Departments. Chapter 495 consists of Subchapter A, Voluntary Regulation of Nongovernmental Departments, 495.1, Application Procedures, 495.3, Notification, and 495.5, Nongovernmental Fire Protection Employees, Subchapter B, Regulation of Nongovernmental Organizations and Personnel, , Nongovernmental Organizations, , Nongovernmental Organization Employees, 495.5, Nongovernmental Personnel, and , Regulation and Certification. The, which administers these,, P.O. Box TRD TexReg 498 February 3, 2017 Texas Register

5 Filed: January 25, 2017 Texas Board of Nursing Title 22, Part 11 In accordance with Government Code , the Texas Board of Nursing (Board) files this notice of intention to review and consider for re-adoption, re-adoption with amendments, or repeal, the following chapters contained in Title 22, Part 11, of the Texas Administrative Code, pursuant to the 2015 rule review plan adopted by the Board at its July 2015 meeting. Chapter 214. Vocational Nursing Education, Chapter 215. Professional Nursing Education, Chapter 222. Advanced Practice Registered Nurses with Prescriptive Authority, In conducting its review, the Board will assess whether the reasons for originally adopting these chapters continue to exist. Each section of these chapters will be reviewed to determine whether it is obsolete, whether it reflects current legal and policy considerations and current procedures and practices of the Board, and whether it is in compliance with Chapter 2001 of the Government Code (Administrative Procedure Act). The public has thirty (30) days from the publication of this rule review in the Texas Register to comment and submit any response or suggestions. Written comments may be submitted to Dusty Johnston, General Counsel, Texas Board of Nursing, 333 Guadalupe, Suite 3-460, Austin, Texas 78701, by to or by fax to Dusty Johnston at (512) Any proposed changes to these chapters as a result of this review will be published separately in the Proposed Rules section of the Texas Register and will be open for an additional comment period prior to the final adoption or repeal by the Board. TRD James Dusty Johnston General Counsel Texas Board of Nursing Filed: January 23, 2017 Adopted Rule Reviews Texas Board of Pardons and Paroles Title 37, Part 5 The Texas Board of Pardons and Paroles files this notice of readoption of 37 TAC, Part 5, Chapter 148, concerning Sex Offender Conditions of Parole or Mandatory Supervision. The Board amended to add capitalization to the titles throughout the rules. The readoption of Chapter 148 is filed in accordance with the Board of Pardons and Paroles' Notice of Intent to Review published in the November 18, 2016, issue of the Texas Register (41 TexReg 9166). No public comments were received. The assessment of Chapter 148 indicates that the original justifications for these rules continue to exist, and the Board is readopting the rules in accordance with Texas Government Code, This concludes the review of 37 TAC Chapter 148. TRD Bettie Wells General Counsel Texas Board of Pardons and Paroles Filed: January 20, 2017 Title 22, Part 17 Pursuant to the notice of proposed rule review published in the November 25, 2016, issue of the Texas Register (41 TexReg 9343), The Texas State Board of Plumbing Examiners (Board) has reviewed Texas Administrative Code, Title 22, Part 17, Chapter 361, concerning Administration. The Board did not receive any comments in response to this notice. As a result of the review, the Board has determined that the reasons for initially adopting Chapter 361 continue to exist. In addition, the Board has determined that amendments to the following sections in Chapter 361 are necessary: 361.1, 361.2, 361.3, 361.5, 361.6, 361.7, 361.8, , , , and The proposed amendments to Chapter 361 are being concurrently published for public comment in the Proposed Rules section of this issue of the Texas Register. Subject to the proposed amendments, the Board readopts each rule in Texas Administrative Code, Title 22, Part 17, Chapter 361 in accordance with the requirements of Texas Government Code This concludes the review of Texas Administrative Code, Title 22, Part 17, Chapter 361. TRD Lisa G. Hill Filed: January 19, 2017 Pursuant to the notice of proposed rule review published in the November 25, 2016, issue of the Texas Register (41 TexReg 9343), The Texas State Board of Plumbing Examiners (Board) has reviewed Texas Administrative Code, Title 22, Part 17, Chapter 363, concerning Examination and Registration. The Board did not receive any comments in response to this notice. As a result of the review, the Board has determined that the reasons for initially adopting Chapter 363 continue to exist. In addition, the Board has determined that the chapter should be restructured to improve clarity and make it more accessible to the public. Because the restructuring entails renumbering several sections, it is necessary to repeal the existing version of Chapter 363 in its entirety and replace it with a new version. The repeal and proposed new version of Chapter 363 are being concurrently published for public comment in the Proposed Rules section of this issue of the Texas Register. Subject to the proposed amendments, the Board readopts each rule in Texas Administrative Code, Title 22, Part 17, Chapter 363 in accordance with the requirements of Texas Government Code This concludes the review of Texas Administrative Code, Title 22, Part 17, Chapter 363. TRD Lisa G. Hill Filed: January 19, 2017 RULE REVIEW February 3, TexReg 499