TBCE Proposes Amendments to Rule 71.2
Written by Editor   
Thursday, July 23, 2015 10:22 PM

The Texas Board of Chiropractic Examiners (Board) proposes amending Chapter 71, §71.2, concerning Petition for Adoption of Rules. This amended rule was proposed upon a recommendation by the Rule Committee to the Board and approved by the Board for publication. Comments were received concerning during the presentation of the rule amendment to the Board on May 21, 2015.

The comments reflected that the modification of who may waive portions of a rule petition and whether that petition shall be considered effective was a prudent endeavor. The discussion amongst the Board noted that at certain times during the year a rule petition could be requested, but the Board would not meet for over 60 days, and to alleviate undue delay, the executive director could readily waive rule petition requirements for petitions that might not meet the full substance of the rule but encapsulated the spirit of the rule.

Additional comments on the proposed amended rule and/or a request for a public hearing on the proposed amended rule may be submitted to Bryan D. Snoddy, General Counsel, Texas Board of Chiropractic Examiners, 333 Guadalupe Street, Tower III, Suite 825, Austin, Texas 78701; fax: (512) 305-6705 or rules@tbce.state.tx.us, no later than 30 days from the date that this proposed amendment is published in the Texas Register.

§71.2.Petition for Adoption of Rules.

(a) As authorized by the APA, §2001.021(a), an interested person by petition to the Board may request the adoption of a rule.

(b) Form for submission. A person must submit a petition for adoption of rules in writing via mail, fax, e-mail, or hand-delivery to the Executive Director or General Counsel of the Board. The petition shall contain the following information as applicable and except as may be waived by the Executive Director or designee [Board]:

(1) the name and contact information of the petitioning party and his or her interest in the adoption of the rule; 

(2) a statement of the legal authority and jurisdiction under which the petition is filed;

(3) the exact language of the proposed rule requested to be adopted;

(4) a statement and legal references regarding whether, to the petitioner's knowledge, the requested rule is in conflict with any existing rule, ruling, order or opinion of the Board or any other rules or statutes; and

(5) a statement of the purpose of the requested rule.

(c) Consideration and Disposition. During the sixty (60) day period following receipt of the petition by the Board, the Rules Committee shall meet to consider the petition. Not less than ten (10) days prior to such meeting, the Board shall notify the petitioning party in writing of the date, time and place the petition shall be considered.

(1) At this meeting, the petitioning party may be given an opportunity to present matters to the Rules Committee, at the Committee's discretion.

(2) The Committee, at the conclusion of the meeting, shall decide whether to deny the petition or to recommend to the Board at the next board meeting to publish the requested rule in the Texas Register for comment. If the Committee decides to deny the petition, the Committee shall state its reasons for denial in writing to the petitioning party. A recommendation by the Rules Committee to publish the requested rule for comment shall constitute initiation of rulemaking for purposes of §2001.021(c)(2) of the APA.

(3) At the next board meeting following the Rules Committee meeting, the Board shall consider the Rules Committee's recommendation. The Board shall then decide whether to deny the petition or to publish the requested rule in the Texas Register for comment. If the Board decides to deny the petition, the Board shall state its reasons for denial in writing to the petitioning party.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

 

Filed with the Office of the Secretary of State on July 2, 2015.

Earliest possible date of adoption: August 16, 2015


Source:  http://www.sos.state.tx.us/texreg/archive/July172015/Proposed%20Rules/22.EXAMINING%20BOARDS.html#25