| (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.
|
| Source Note: The provisions of this §323.3 adopted to be effective January 4, 1989, 13 TexReg 6332; amended to be effective December 12, 1989, 14 TexReg 6277; amended to be effective October 5, 1992, 17 TexReg 6550; amended to be effective July 21, 2010, 35 TexReg 6285; amended to be effective January 1, 2016, 40 TexReg 8791 |
