Texas Register, Volume 12, Number 7, Pages 285-323, January 27, 1987 Page: 293
285-323 p. ; 28 cm.View a full description of this periodical.
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Emergency
RIules An agency may adopt a new or amended rule, or repeal an existing rule on an emergency basis,
if it determines that such action is necessary for the public health, safety, or welfare of this state.
The rule 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 120 days. The emergency action is renewable once for no more than 60 days.
Symbology in amended emergency rules. New language added to an existing rule is Indicated by the use of
bold text [Bracketsj Indicate deletion of existing material within a rule.TITLE 19. EDUCATION
Part II. Texas Education
Agency
Chapter 149. Education
Personnel Development
Subchapter C. Appraisal of
Certified Pci onnel
* 19 TA' 149.44
The Texas Education Agency adopts an
amendment on an emergency basis to
149.44, concerning the teacher appraisal
system, scoring procedures, and forms
The amendment deletes the preliminary
scoring standards established by the
State Board of Eoucation in June 1986
These standards were preliminary only In
January 1987 the board established final
standards based on actual teacher ap-
praisal data generate-d during the 1986 fall
appraisal period The preliminary stan-
dards are being deleted on an emergen-
cy basis to ensure that the board rule
does not conflict with the final standards
adopted by the board
This amendment Is adopted on an
emergency basis under the Texas Educa-
tion Code. 13 302. which drects the State
Board of Education io develop and adopt
an appraisal process and assessment in-
strument for teacher appraisal for career
ladder level assignrrent purposes.
149.44 leatert tppratsal Instrument,
Scoring Pro ctdulres, ad I rrms
(a) (No ihanec )
(b) -ihe Staile Board of Educatlon
shall develop anid appr e scoring pro-
cedures which guarantee that each teacher,
at the close of the appraisal process, receles
a performance score ot ea ch domain and
an overall surnilli\ peror ntlll, ce score.
(1)-(4) (No ihanic I
(5) sco lii' ,t 'he teacher' s pertor-
mance is done i1 a it trdani c with the I exas
Education ( ode, 1 1 104, inid is based on
the summary JIintoiiil Littisllsluedcc each ap-
praisal period h the tic atcih' " r . Iso and
the othei appralieti -) Iht Slate iBoatd of
Education shall establish tlhe standaids for
con ersion of sumnimart td ini i credits to
domain performance scores ili
(A) uinsat0 isIactor' scoree of I 0
to 1.91;
(B) below expectation [score of
2.0 to 2.91;(C) satisfactory [score of 3.0 to
3.9];
(D) exceeding expectation [score
of 4.0 to 4.9]; and
(E) clearly outstanding [score of
5.01.
(6) (No change.)
(c)-(d) (No change.)
Issued in Austin, Texas. on January 16, 1987.
TRD-8700482 W N Kirby
Commissioner of
Education
Effective date January 16, 1987
Expiration date: May 16, 1987
For further Information, please call
(512) 463-9212TITLE 34. PUBLIC
FINANCE
Part 1. Comptroller of
Public Accounts
Chapter 1. Central
Administration
Practice and Procedure
*34 TAC 1.5
The Comptroller of Public Accounts
adopts on an emergency basis an amend-
ment to 1 5. concerning initiation of a
hearing The amendment requires a tax-
payer to submit its documentary evidence
with its request for redetermination or re-
fund hearing It limits the use of documen-
tary evidence during a hear ing to evidence
submitted by the taxpayer with the request
for heanng and evidence obtained by the
comptroller's department It also provides
no hearing will be held on fat- based hear-
Ings where docuinentary evidence is the
best evidence and such evidence has not
been submitted with the request for hearing
The amendment is adopted on an emer-
gency basis toi allow a greater number of
hearings to bo held arid to irlfuce the pre-
sent number "of hear inqgs T he change will
result in an i tcreo s in the speed and ef-
ficiency of the administrative hearings
process, thereby speeding iip the collec-
tion of tax revenue
The amendment is adopted on an emer-
gency basis under the Texas Tax Code,$ Emergency Rules
111.002, which provides that the comp-
troller may prescribe, adopt, and enforce
rules relating to the administration and
enforcement of the provisions of the Tax
Code, Title 2
1.5. lnuinton of a Hleuar ing.
(a) Redetermination of a deficiency or
jeopardy determination. A taxpayer may re-
quest a redetermination hearing by sending
the agency a wntten request for redetermina-
tion within the time hnuts provided by the
determination. The linlt is 30 days for a defi-
ciency determination and 20 das for a jeo-
pardy determination. The request is defined
to include a statement of e gundis hich sets
out in detail the reasons the ta',payer does
not agree with lth determination and all sup-
porting documentary evidence on audits be-
gun on or after Februan 1, 1987. It the
statement of grounds is not received within
the time limit or an tension of the state-
ment of groullds due date ctralled prior to
the expiratilo of the time Ilnim, no hearing
will be commented and the tax;laver will be
required to pas the delcticnis and request
a refund bef ot..i:\ objcrrllon to the dssess-
ment is ton,ici ,1I (Onl, doctumentar evi-
dence sulmntted with the statements of grounds
will be conllideredl in Itw hel 'arngl, process on
audits hegun on or .iater l ebruair\ I, 1Q87.
(h) Rc'!tnld ,, o , I ,id V, withinn the
time hlit tprol ied I l the I ea. i a ( ode
111 1(4 ). .i laia l(. t n. i( uciitp N l a refund
of al\ ta\, penalty, or interest paid to the
colllplIoller \ 'li,len nL thi e ,''en'l , a written
request lil clieeC( i dtlefined to Includ'e a
Stteclllenlt of n illl " I 'i ll h ,, icts otll iI detail
the ground t < ,I; \\ihlk ! I li' clt ll is founded
together with ans tipporting documenntary
te idence on retund ciiii, made on or after
ebruar 1. 1987. 1! o itlium , t"11 ' ,tted
ts a ,asits 1 ti e Lilin. I4In hlt e it . will he
tom i llull'l l 111d lli , ill ,, ill he <tentled 11
she .lailm 1 rntl edt ,. 111\ m ,tk atn l llm!, Itl
ocilt ponltii' p t lil, andlll , CIlt a nil nt1t
plet 'i usls lid will lie ttiudcd (inl) do-
cuimentrn evidence suhbited w ith the re-
quest for refund ell lie considered in the
heanngs process on ;ail\ refund claims made
on or after I-ebrunar. I, 197
(c) (,o , hinig< )
(d) It the requlest for a redeternnination
or refund hiearini is a sd c\chlsively on a
factual dispute for w which doetiientarn evi-
dence is the test evidence and the docuimen-
tan evidence is not suhmit ed with the
petition on an audit begun or refund re-
January 27, 1987 12 TexReg 293
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Texas. Secretary of State. Texas Register, Volume 12, Number 7, Pages 285-323, January 27, 1987, periodical, January 27, 1987; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth243851/m1/9/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.