TBCE Proposes Amendments to Rule 78.6
Written by Editor   
Tuesday, March 08, 2016 12:00 AM

The Texas Board of Chiropractic Examiners proposes amending Chapter 78, Rule 78.6, concerning Required Fees and Charges. The proposed amended rule is necessary in order to remove an obsolete reference and update the rule concerning application of monetary funds to outstanding balances.

This amended rule was proposed upon a recommendation by the Rules Committee to the Board and approved by the Board for publication. Although not officially published for comment, unofficial comments were received during the course of discussion of the February 18, 2016, Board and Rules Committee meetings.  In general, commenters were supportive of the Board's effort to enhance the compliance process and ensure that licensees were in good standing at all times.

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 St., 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.


§78.6.Required Fees and Charges.

(a) Current fees required by the board are as follows:

Figure: 22 TAC §78.6(a) (No change.)

(b) Application of Monetary Funds to Outstanding Balances. When a person pays monetary funds to the Board to renew a license or facility registration, the monetary funds paid shall first be applied to any outstanding unpaid fees, assessed costs owed by that person from a final Board order, as authorized under §79.10 of this title (relating to Decision of the Board), or administrative penalties owed from a final Board order, as authorized under §78.10 of this title (relating to Schedule of Sanctions). [The board is required to increase its fees for annual renewal, an examination, and re-examination by $200 pursuant to the Occupations Code §201.153(b). That increase is reflected in subsection (a) of this section under the column entitled "Professional Fee (78th Leg)." The total amount of each of these fees must be paid before the board will process an application subject to such fee.]

(c) Any remittance submitted to the board in payment of a required fee for application, initial license, registration, or renewal, must be in the form of a cashier's or certified check for guaranteed funds or money order, made out to the "Texas Board of Chiropractic Examiners." Checks from foreign financial institutions are not acceptable.

(d) Fees for license verification or certification, license replacement, and continuing education applications may submit the required fee in the form of a personal or company check, cashier's or certified check for guaranteed funds or money order, made out to the "Texas Board of Chiropractic Examiners." Checks from foreign financial institutions are not acceptable. Persons who have submitted a check which has been returned, and who have not made good on that check and paid the returned check fee provided in subsection (a) of this section, within 10 days from notice from the board of the returned check, for whatever reason, shall submit all future fees in the form of a cashier's or certified check or money order.

(e) Copies of public information, not excepted from disclosure by the Texas Open Records Act, Chapter 552, Government Code, including the information listed in paragraphs (1) - (6) of this subsection may be obtained upon written request to the board, at the rates established by the Office of the Attorney General for copies of public information, 1 TAC Part 3, Chapter 70, §§70.1 - 70.10 (relating to Cost of Copies of Public Information).

(1) List of New Licensees
(2) Lists of Licensees
(3) Licensee Labels
(4) Demographic Profile
(5) Facilities List
(6) Facilities Labels

Source: http://www.sos.state.tx.us/texreg/archive/March112016/Adopted%20Rules/22.EXAMINING%20BOARDS.html#54