| (a) A state agency may finally adopt and implement
a proposed rule required to be submitted to the division under §5.204
of this subchapter only if:
(1) the division issues a determination letter approving
the proposed rule under §5.209 of this subchapter; or
(2) the division issues a determination letter rejecting
the proposed rule under §5.209 of this subchapter with precise
instructions for the revision of the proposed rule and the state agency
revises the proposed rule according to the division's instructions.
(b) If an addendum to a determination letter is issued
under §5.209(e) of this subchapter, the state agency may finally
adopt and implement the proposed rule, as amended, if:
(1) the division issues an addendum approving the amendment;
or
(2) the division issues an addendum rejecting the amendment
with precise instructions for revision and the state agency revises
the proposed rule, as amended, according to the division's instructions.
(c) In adopting a proposed rule pursuant to this section,
a state agency may make technical and nonsubstantive changes to the
language of the proposed rule and any amendments to the proposed rule
reviewed by the division. For purposes of subsections (a)(2) and (b)(2)
of this section, a state agency may also make technical and nonsubstantive
changes to the proposed rule when incorporating the division's precise
instructions.
(d) A rule finally adopted and implemented in accordance
with subsection (a)(2) or (b)(2) of this section is deemed to have
been approved by the division for purposes of Section 57.106(e) of
the Texas Occupations Code.
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