Continuing Education Requirements - Justification for Administrative Rule Adoption

JUSTIFICATION FOR ADMINISTRATIVE RULE ADOPTION
Continuing Education Requirements

16 TAC Chapter 59, amendments to §59.80

The Texas Commission of Licensing and Regulation (Commission) adopts amendments to an existing rule at 16 Texas Administrative Code (TAC), Chapter 59, §59.80 regarding the Continuing Education Requirements program, with changes to the rule as published in the October 11, 2013, issue of the Texas Register (38 TexReg 7034). The effective date of the adoption is March 1, 2014.

The adoption implements Texas Occupations Code, §51.202, which requires the Commission to set fees in amounts reasonable and necessary to cover the costs of administering programs under the Texas Department of Licensing and Regulation's (Department) jurisdiction.

The General Appropriations Act (GAA), 83rd Legislature reduced the amount of revenue that the Department is required to collect above the amounts appropriated to the Department. Additionally, Article VIII, Section 2 of the GAA requires that the Department's revenue cover the cost of the Department's appropriations and other direct and indirect costs. As a result, the fees currently in place are above the amounts that will be required for the Department to cover its costs. The decrease will not adversely affect the administration and enforcement of the program.

The amendments to §59.80 reduce the provider application and renewal application fees as part of the Department's annual fee review. Additionally, the provider application and renewal fees will no longer be assessed per occupation. A provider will no longer pay more than one application or renewal fee if the provider offers continuing education courses for multiple occupations. Staff recommends a technical change from the proposed rule to make the reduction in the provider renewal fee take effect for registrations expiring on or after April 1, 2014. This delay is necessary because renewal notices will continue to be sent to providers with current fee amounts.

Also, the wording for the revised or duplicate registration fee has been changed to 'Revised/Duplicate License/Certificate/Permit/Registration' to be consistent with the same fee in other Department programs.

The Department drafted and distributed the proposed rule to persons internal and external to the agency. The proposed rule was published in the October 11, 2013, issue of the Texas Register (38 TexReg 7034). The deadline for public comments was November 12, 2013. The Department did not receive any comments on the proposed rule during the 30-day public comment period.

The amendments are adopted under Texas Occupations Code, Chapter 51, which authorize 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, in particular Texas Occupations Code, §51.202.

The statutory provisions affected by the adoption are those set forth in Texas Occupations Code, Chapter 51. No other statutes, articles, or codes are affected by the adoption.

59.80. Fees.

(a) Provider application fee--$200.

(b) Provider renewal application fee--$250 per occupation for registrations expiring before April 1, 2014; $200 for registrations expiring on or after April 1, 2014.

(c) Course-approval fee per occupation--$100.

(d) Revised/Duplicate License/Certificate/Permit/Registration--$25.

(e) All fees paid to the department are non-refundable.

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 February 6, 2014.

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