Texas Administrative Code
Title 22 - EXAMINING BOARDS
Part 16 - TEXAS BOARD OF PHYSICAL THERAPY EXAMINERS
Chapter 323 - POWERS AND DUTIES OF THE BOARD
Section 323.3 - Adoption of Rules
Universal Citation: 22 TX Admin Code ยง 323.3
Current through Reg. 49, No. 38; September 20, 2024
(a) The board may adopt rules consistent with the Physical Therapy Practice Act to carry out its duties in administering the Act.
(b) Continuing competence. The board may adopt rules relating to the approval of continuing competence activities. The board may establish reasonable and necessary fees for the administration of the approval of continuing competence activities.
(c) Petition for adoption of rule changes.
(1) In accordance with Texas Government Code,
§
2001.021,
an interested person may request for the adoption, amendment, or repeal of a
rule of the board by submitting a written petition to the board. In this
section, "interested person" has the meaning as defined in Texas Government
Code, §
2001.021.
The petition must contain:
(A) the name and
contact information of the interested person or persons and affiliation or
organization, if any;
(B) a
description of the proposed rule change or amendment and the reason for
it;
(C) the section numbers and
titles of the rule(s) affected if applicable;
(D) the proposed rule change with an
indication of language added and/or deleted.
(E) a statement of:
(i) the statutory authority under which the
rule is to be adopted; and
(ii) the
public benefits anticipated as a result of adopting the rule or the anticipated
injury or inequity that could result from the failure to adopt the proposed
rule.
(F) the
signature(s) of the requesting person or persons and date of
signature(s).
(2) The
board shall evaluate the merits of the proposal.
(3) In accordance with the Texas Government
Code, §
2001.021,
the presiding officer or the board's designee shall acknowledge receipt of the
petition to the person designated to receive communication regarding the
petition.
(4) Not later than the
60th day after the date of submission of a petition under this section, the
board shall:
(A) deny the petition in
writing, stating its reasons for denial; or
(B) initiate a rulemaking proceeding under
this chapter.
(5) If the
board initiates rulemaking procedures in response to a petition, the rule text
which the board proposes may differ from the rule text proposed by the
petitioner.
(6) Initial petitions
for the adoption of a rule shall be presented to and decided by the Board in
accordance with the provisions of this section. The Board may refuse to
consider any subsequent petition from the same interested person for the
adoption of the same or a similar rule submitted within twelve months after the
date of the Board's rejection of the initial petition.
Disclaimer: These regulations may not be the most recent version. Texas may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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