Texas Register, Volume 13, Number 27, Pages 1573-1621, April 5, 1988 Page: 1,579
1573-1621 p. ; 28 cm.View a full description of this periodical.
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Emergency Rules
An agency may adopt a new or amended section or repeal an existing section on an emergency basis if it determines
that such action is necessary for the public health, safety, or welfare of this state. The section may become effective
immediately upon filing with the Texas Register, or on a stated date less than 20 days after filing, for no more than
20 days. The emergency action is renewable once for no more than 60 days.
-ymbology in amended emergency sections. New language added to an existing section is indicated by the use
of bold text. [Brackets] indicate deletion of existing material within a section.TITLE 1.
ADMINISTRATION
Part.IV. Secretary of State
Chapter 75. Automobile Club
* 1 TAC 75.41, 75.42
The Office of the Secretary of State adopts
on an emergency basis new 75. 41 and
75.42, concerning the processing of permits
for automobile clubs; and the time period for
conducting case hearings. The passage of
House Bill 5 requires state agencies to adopt
rules covering the procedures by which agen-
cies process applications for permits and the
time it takes the department to conduct a
contested case hearing. The new 75.41 also
establishes an appeal procedure for resolving
disputes which might arise over possible vio-
lations of the time periods. It is necessary to
adopt these sections on an emergency basis
to protect the welfare of those members of
the public who obtain permits.
The new sections are adopted on an emer-
gency basis under Texas Civil Statutes, Arti-
"le 6252-13b.1, (House Bill 5, 70th
egislature, 1987), which provide the Office
the Secretary of State with the authority to
adopt rules concerning the time periods in-
volved in the department's processing and
issuing of permits, and in the conducting of
contested case hearings.
75.41. Processing Permits for Automobile
Clubs.
(a) Purpose. The purpose of this
section is to describe the time periods by
which the secretary of state processes appli-
cations for permits for automobile clubs.
(b) Processing time period. The de-
partment shall, within 15 days from the date
of receipt of an application, notify the appli-
cant in writing of the department's decision
to approve or deny applicant's application.
If the application is denied by the depart-
ment, the forms and filing fee will be re-
turned to the applicant. A request for a
formal or informal hearing shall be made by
the applicant to the program administrator
in writing within 15 days from receipt of
the department's denial letter.
(c) Refund of fees and security. In
the event the application is not processed in
the time period stated in subsection (b) of
this section, the applicant has the right to
request of the program administrator a full
refund of all filing fees and security depos-
ed with the application. The applicant
hall submit his written request for a refund
to the program administrator within 15 daysfrom receipt of the certificate of authority to
act as an automobile club.
(d) Contested case hearing. If at
any time during the processing of the per-
mit, an applicant wishes to contest the de-
partment's decision, the time periods in
75.42 of this title (relating to Time Periods
for Conducting Contested Case Hearings)
are applicable.
75.42. Time Period for Conducting Con-
tested Case Hearings.
(a) Contested cases involving the
processing of a permit during the time
period set out in 75.41 of this title (relating
to Processing Permits for Automobile
Clubs) will range from four to eight months
to complete all necessary hearings. The
starting time for a contested case is when
the department receives a written request
for a hearing, and the ending time is when
the decision is final and appealable.
(b) If an individual person or entity
who is a party to the hearing takes action
which causes an unnecessary delay in the
department's conduct of the hearing, the
time utilized by the person or entity is not
included in the time covered by this section.
Issued in Austin, Texas, on March 28, 1988.TRD-8803222
Name: Robby Baker
Grade: 7
School: Clear Lake Intermediate, Clear
CreekLorna Wassdorf
Special Assistant
Secretary of StateEffective date: March 30, 1988
Expiration date: July 28, 1988
For further information, please call: (512)
463-5701
* * IJ
g ! , ' ) ,z ,. Emergency Rules April 5, 1988 13 TexReg 1579
* Emergency Rules
April 5, 1988 13 TexReg 1579
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Texas. Secretary of State. Texas Register, Volume 13, Number 27, Pages 1573-1621, April 5, 1988, periodical, April 5, 1988; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth220235/m1/7/: accessed May 21, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.