| (a) The commission shall provide all officers information
concerning accreditation when the commission receives information
is received indicating notice that an officer has been appointed by
a county commissioners court.
(b) Officers must meet the following minimum standards
as set forth in 38 Code of Federal Regulations §14.629 for recommendation:
(1) is a paid employee of the county working for it
not less than 1,000 hours annually;
(2) has successfully completed a course of training
and an examination which have been approved by the appropriate VA
district counsel within the state; and
(3) will receive annual training to ensure continued
qualification as a representative in the claims’ process.
(c) To receive recommendation, the officer must hold
a current certificate of training from the commission under the provisions
of §450.3 of this title (relating to General Provisions), have
attained at least 24 credit hours after completion of initial training
requirements, and pass a proficiency exam.
(d) All officers must submit a formal written application
for recommendation to the commission, which shall review the application
for eligibility and approval.
(e) Credit hours may be earned by attending training
sponsored or conducted by organizations other than the commission
in accordance with §450.3 of this title.
(f) The commission may pay for an officer's attendance
to one commission conducted training event per fiscal year to meet
the officer's annual training requirement. However, if an officer
has met the 12 hours required annually, then the commission shall
not pay for the officer to attend subsequent training events.
(g) Examinations for the initial recommendation and
examinations to maintain recommendation will be administered by the
commission at a location and time designated by the commission.
(h) Officers must agree to follow procedures promulgated
by the commission.
(i) When all criteria have been met by the officer,
the commission will request accreditation from the United States Department
of Veterans Affairs via VA Form 21.
(j) To maintain the recommendation of the commission,
an officer must successfully pass, at least annually, a proficiency
exam and hold a current certificate of training under the provisions
of §450.3 of this title.
(k) Inquiries concerning accreditation shall be directed
to and answered by the commission Claims Department Director. Disputes
shall be reviewed and a decision rendered by the commission Claims
Department Director or designee. Disputes which remain unresolved
shall be referred to the executive director of the commission or the
executive director's designee. The decision of the executive director
or the executive director's designee shall be final.
(l) The executive director of the commission or the
executive director's designee will request that the secretary:
(1) revoke the accreditation of the officer upon termination
of the officer;
(2) suspend or revoke the accreditation of an officer
for the officer's failure to:
(A) maintain commission annual training requirements;
(B) maintain the commission annual testing requirements;
(C) maintain the VA's annual training requirements;
or
(D) maintain active use of the VA's database systems;
and
(3) suspend or revoke the accreditation of the officer
for any situation in which the action is deemed appropriate.
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| Source Note: The provisions of this §451.3 adopted to be effective June 21, 1994, 19 TexReg 4426; amended to be effective January 1, 2007, 31 TexReg 10815; amended to be effective March 7, 2013, 38 TexReg 1375; amended to be effective June 3, 2018, 43 TexReg 3481; amended to be effective February 28, 2019, 44 TexReg 871; amended to be effective August 29, 2019, 44 TexReg 4514; amended to be effective August 31, 2023, 48 TexReg 4672 |
