Texas Register, Volume 37, Number 40, Pages 7815-8094, October 5, 2012 Page: 7,858
7533-7814 p. ; 28 cm.View a full description of this periodical.
Extracted Text
The following text was automatically extracted from the image on this page using optical character recognition software:
bility of the firm to pay the required renewal fee prior to the expiration
date, regardless of whether the renewal notice is received.
(i) A certificate of registration which has been expired for less
than one (1) year may be renewed by completing a firm registration
renewal application; an affirmation signed by the Authorized Official
of a Firm and the licensed Professional Geoscientist who performs or
supervises the geoscience work for the firm indicating whether geosci-
entific services were offered, pending, or performed for the public in
Texas when the firm's registration was expired and payment of a $50
late renewal penalty. If a firm under application for late firm regis-
tration renewal has met the requirements for renewal and has indicated
that the geoscience services were offered, pending, or performed for the
public in Texas while the firm's registration was expired, unless certain
allegations of misconduct are present, the firm's registration shall be
renewed. Information regarding unregistered geoscience practice re-
ceived under this section shall be referred to the enforcement division
for appropriate action that could include the initiation of a complaint
by the Board. A firm registration that has been expired for more than
one year is permanently expired and may not be renewed; a new appli-
cation is required.
(j) The application fee is non-refundable.
851.45. Relationship of Geoscientist-in-Training Certification to Li-
censure of Professional Geoscientists.
The Geoscientist-in-Training (GIT) Certification is intended as a step-
ping stone toward licensure as individuals are gaining acceptable geo-
science experience. Upon accruing five years of post graduate geo-
science work experience, individuals [Individuals] who are GIT certi-
fied and in good standing with the Board will [only] need to:
(1) submit TBPG's Initial P.G. License Application;
(2) submit the application fee as detailed in 851.80 of this
chapter;
(3) supply letters of reference as detailed in 851.24 of this
chapter; I,]
(4) provide evidence of experience as described in 851.23
of this chapter;[,] and
(5) successfully pass the appropriate practice exam of AS-
BOG or CSSE. The degree program, coursework and transcripts are
evaluated during the application phase for GIT Certification, and shall
not be re-evaluated upon application for licensure as a Professional
Geoscientist.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal author-
ity to adopt.
Filed with the Office of the Secretary of State on September 20,
2012.
TRD-201204998
Charles Horton
Executive Director
Texas Board of Professional Geoscientists
Earliest possible date of adoption: November 4, 2012
For further information, please call: (512) 936-4405
TITLE 28 INSURANCEPART 1. TEXAS DEPARTMENT OF
INSURANCE
CHAPTER 1. GENERAL ADMINISTRATION
SUBCHAPTER D. EFFECT OF CRIMINAL
CONDUCT
DIVISION 2. PROCEDURES GOVERNING
PERSONS SUBJECT TO 18 U.S.C. 1033 AND
1034
28 TAC 1.520 - 1.530
The Texas Department of Insurance (TDI) proposes new Division
2, entitled Procedures Governing Persons Subject to 18 U.S.C.
1033 and 1034, to include new proposed 28 TAC 1.520 -
1.530, concerning standard procedures for persons convicted of
certain felony offenses to obtain written consent to engage in
the business of insurance. The department is adding "Division
1, Fitness and Licensing" to existing 1.501 - 1.509 which out-
lines TDI's procedures in determining whether persons applying
for a license or authorization are honest, trustworthy, reliable,
and fit to hold those positions. No amendments are proposed to
existing 1.501 - 1.509. TDI will not consider any comments,
including requests for amendments, regarding existing 1.501
- 1.509.
Sections 1.520 - 1.530 are necessary to: (i) implement the Vi-
olent Crime Control and Law Enforcement Act of 1994, Public
Law 103 - 322, H.R. 3355, Title 18 United States Code 1033
and 1034, effective September 13, 1994, which prohibits any
individual convicted of a criminal felony of dishonesty, a breach
of trust, or an offense under 18 U.S.C. 1033, from engaging or
participating in the business of insurance without written consent
from an insurance regulatory official authorized to regulate the
insurer; and (ii) sets forth the procedures by which the commis-
sioner will determine whether individuals convicted of a criminal
felony involving dishonesty or a breach of trust, or an offense
under 18 U.S.C. Section 1033, should be granted, denied, or re-
voked written consent to engage or participate in the business
of insurance in Texas.
The Violent Crime Control and Law Enforcement Act of 1994, ef-
fective September 13, 1994, H.R. 4092 (103rd), provides that the
legislative intent of the Act is to control and prevent crime. The
Act creates criminal penalties and authorizes the U.S. Attorney
General to bring civil or criminal actions against offenders. The
Act makes it a federal crime for certain individuals convicted of
a state or federal felony involving dishonesty or a breach of trust
from engaging in the business of insurance unless the individual
is specifically authorized by written consent from an insurance
regulatory official authorized to regulate the insurer. The com-
missioner is TDI's chief executive and administrative officer with
the authority to enforce laws applicable to TDI, and therefore, the
regulatory official at TDI authorized to regulate the insurer. The
commissioner has the discretion to determine the method of in-
quiry regarding the determination of whether to grant or deny an
individual's request for written consent because the Act does not
specify the method.
Sections 1.520 - 1.530 set forth the scope of the convicted per-
son's consent process, clarify the procedure for consent appli-
cation submission, outline the criteria that the commissioner will
review in determining whether to grant written consent, and ad-
dress denials and administrative appeals of such denials. The37 TexReg 7858 October 5, 2012 Texas Register
Upcoming Pages
Here’s what’s next.
Search Inside
This issue can be searched. Note: Results may vary based on the legibility of text within the document.
Tools / Downloads
Get a copy of this page or view the extracted text.
Citing and Sharing
Basic information for referencing this web page. We also provide extended guidance on usage rights, references, copying or embedding.
Reference the current page of this Periodical.
Texas. Secretary of State. Texas Register, Volume 37, Number 40, Pages 7815-8094, October 5, 2012, periodical, October 5, 2012; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth288982/m1/44/: accessed July 12, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.