PART 15. TEXAS VETERANS COMMISSION
CHAPTER 450. VETERANS COUNTY SERVICE OFFICERS CERTIFICATE OF TRAINING
The Texas Veterans Commission (commission) proposes an amendment to Chapter 450, §450.1 and §450.3, Veterans County Service Officers Certificate of Training.
PART I. PURPOSE AND BACKGROUND
The proposed amendment is made to change definitions in existing language to reflect the language in Title 38 of the Code of Federal Regulations (CFR) and to correct grammatical errors.
PART II. EXPLANATION OF SECTIONS
Section 450.1 Definitions.
Defines the term of "Accreditation" as recognition by the United States Department of Veterans Affairs, cites statutory reference for a "Certificate of training" issued by the Texas Veterans Commission Claims Department.
Section 450.3 General Provisions.
Corrects grammatical errors.
PART III. IMPACT STATEMENTS
FISCAL NOTE
Coretta Briscoe, Chief Financial Officer of the Texas Veterans Commission, has determined for each year of the first five years the proposed rule amendment will be in effect, there will not be an increase in expenditures or revenue for state and local government as a result of administering the proposed rule.
COSTS TO REGULATED PERSONS
Ms. Briscoe, Chief Financial Officer, has also determined there will not be anticipated economic costs to persons required to comply with the proposed rule.
LOCAL EMPLOYMENT IMPACT
Anna Baker, Director, Veterans Employment Services of the Texas Veterans Commission, has determined that there will not be a significant impact upon employment conditions in the state as a result of the proposed rule.
SMALL BUSINESS, MICRO BUSINESS AND RURAL COMMUNITIES IMPACT
Megan Tamez, Director of the Veterans Entrepreneur Program of the Texas Veterans Commission, has determined that the proposed rule will not have an adverse economic effect on small businesses, micro businesses or rural communities as defined in Texas Government Code §2006.001. As a result, an Economic Impact Statement and Regulatory Flexibility Analysis is not required.
PUBLIC BENEFIT
Shawn Deabay, Deputy Executive Director of the Texas Veterans Commission, has determined that for each year of the first five years the proposed rule are in effect, the public benefit anticipated as a result of administering the amended rule will reduce the need for formal disputes and settle disputes at the lowest level possible.
GOVERNMENT GROWTH IMPACT STATEMENT
Mr. Deabay has also determined that for each year of the first five years that the proposed rule amendments are in effect, the following statements will apply:
(1) The proposed rule amendments will not create or eliminate a government program.
(2) Implementation of the proposed rule amendments will not require creation of new employee positions or elimination of existing employee positions.
(3) Implementation of the proposed rule amendments will not require an increase or decrease in future legislative appropriations to the agency.
(4) No fees will be created by the proposed rule amendments.
(5) The proposed rule amendments will not require new regulations.
(6) The proposed rule amendments have no effect on existing regulations.
(7) The proposed rule amendments have no effect on the number of individuals subject to the rule's applicability.
(8) The proposed rule amendments have no effect on this state's economy.
PART IV. COMMENTS
Comments on the proposed amended rule may be submitted to Texas Veterans Commission, Attention: General Counsel, P.O. Box 12277, Austin, Texas 78711; faxed to (512) 475-2395; or emailed to rulemaking@tvc.texas.gov. For comments submitted electronically, please include "Chapter 450 Rules" in the subject line. The commission must receive comments postmarked no later than 30 days from the date this proposal is published in the Texas Register.
PART V. STATUTORY AUTHORITY
The rule amendment is proposed under Texas Government Code §434.010 which authorizes the commission to establish rules it considers necessary for its administration.
No other statutes, articles or codes are affected by these rules.
§450.1.Definitions.
The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.
(1) Accreditation--Recognition by the United States Department of Veterans Affairs (VA) of representatives, attorneys, and agents to represent claimants.
(2) (1) Certificate of training--Certificate or transcript provided pursuant to Tex. Gov't Code §434.038 to officers who complete all initial training requirements or who earn a minimum number of credit hours each fiscal year for completing training provided by the commission or completing other commission approved training.
(3) (2) Commission--The Texas Veterans Commission.
(4) (3) Credit hour--Unit of measuring credit earned for attending classroom or virtual training
courses provided by the commission or other commission approved training.
(5) (4) Initial training--Introductory
training provided to newly appointed officers.
(6) (5) Officer--Veterans county
service officer or assistant veterans county service officer appointed
by a county commissioners court.
(7) (6) Third party training--Any
commission approved training or course of instruction provided by
public or private entities.
(8) (7) Training event--Training
or testing conducted by the commission.
§450.3.General Provisions.
(a) - (b) (No change.)
(c) Each officer shall be required to earn 12 credit
hours each fiscal year to maintain the certificate of training certification. Credit hours may be accumulated in one year by
completing training provided or approved by the commission. Credit
hours may not be accumulated for the same subjects within the same
fiscal year.
(d) - (f) (No change.)
(g) Acceptance of credit hours earned through third party training:
(1) If training is provided by a VA Recognized Veterans Service Organization, whose accreditation training has been approved by the VA, the commission shall accept the training credit hours.
(2) For all other third party training, the organization shall provide the commission with the following information to allow for the awarding of credit hours to officers:
(A) name Name of organization
providing the training;
(B) documentation Documentation from
the VA;
(C) course Course title and description;
(D) course Course outline; and
(E) all All course materials.
(3) Third party training and testing must be evaluated
by the commission Claims Department Director or designee in accordance
with subsection (f) of this section. The number of credit hours to
be awarded for third party training is determined by review of the
third party training curriculum by the commission Claims Claim Department Director. Review and awarding of credit hours
will be conducted using the curriculum review matrix.
(4) To receive credit hours for third party training, the training must be approved by the commission in accordance with paragraph (1) of this subsection prior to the officer's attendance. Officers must submit a request to the commission containing the following information:
(A) name Name of the training provider;
(B) title Title of the course;
(C) certificate Certificate or
verification of completion; and
(D) date Date of completion.
(h) - (i) (No change.)
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on May 12, 2023.
TRD-202301733
Cory Scanlon
General Counsel
Texas Veterans Commission
Earliest possible date of adoption: June 25, 2023
For further information, please call: (737) 320-4167
The Texas Veterans Commission (commission) proposes an amendment to Chapter 451, §451.1 and §451.3, Veterans County Service Officers Accreditation. Simultaneous with this proposed amendment, the commission separately posts notice that, pursuant to Texas Government Code §2001.039, the commission will review Title 40, Part 15, Chapter 451, Veterans County Service Officers Accreditation.
PART I. PURPOSE AND BACKGROUND
The proposed amendment is made to change existing language to be consistent with the terms found in Title 38 of the Code of Federal Regulations (CFR)
PART II. EXPLANATION OF SECTIONS
Section 451.1 Definitions.
Replaces "certified" with "Certificate of training" and changes accreditation language to be consistent with the terms found in Title 38 United States Code of Federal Regulations (38CFR)
Introduces the term "recommendation" as consistent with the United States Department of Veterans Affairs regulations governing the accreditation process.
Section 451.3
Corrects Grammatical errors and provides further clarifying language consistent with the United States Department of Veterans Affairs regulations governing the accreditation process.
PART III. IMPACT STATEMENTS
FISCAL NOTE
Coretta Briscoe, Chief Financial Officer of the Texas Veterans Commission, has determined for each year of the first five years the proposed rule amendment will be in effect, there will not be an increase in expenditures or revenue for state and local government as a result of administering the proposed rule.
COSTS TO REGULATED PERSONS
Ms. Briscoe, Chief Financial Officer, has also determined there will not be anticipated economic costs to persons required to comply with the proposed rule.
LOCAL EMPLOYMENT IMPACT
Anna Baker, Director, Veterans Employment Services of the Texas Veterans Commission, has determined that there will not be a significant impact upon employment conditions in the state as a result of the proposed rule.
SMALL BUSINESS, MICRO BUSINESS AND RURAL COMMUNITIES IMPACT
Megan Tamez, Director of the Veterans Entrepreneur Program of the Texas Veterans Commission, has determined that the proposed rule will not have an adverse economic effect on small businesses, micro businesses or rural communities as defined in Texas Government Code §2006.001. As a result, an Economic Impact Statement and Regulatory Flexibility Analysis is not required.
PUBLIC BENEFIT
Shawn Deabay, Deputy Executive Director of the Texas Veterans Commission, has determined that for each year of the first five years the proposed rules are in effect, the public benefit anticipated as a result of administering the amended rule will reduce the need for formal disputes and settle disputes at the lowest level possible.
GOVERNMENT GROWTH IMPACT STATEMENT
Mr. Deabay has also determined that for each year of the first five years that the proposed rule amendments are in effect, the following statements will apply:
(1) The proposed rule amendments will not create or eliminate a government program.
(2) Implementation of the proposed rule amendments will not require creation of new employee positions, or elimination of existing employee positions.
(3) Implementation of the proposed rule amendments will not require an increase or decrease in future legislative appropriations to the agency.
(4) No fees will be created by the proposed rule amendments.
(5) The proposed rule amendments will not require new regulations.
(6) The proposed rule amendments have no effect on existing regulations.
(7) The proposed rule amendments have no effect on the number of individuals subject to the rule's applicability.
(8) The proposed rule amendments have no effect on this state's economy.
PART IV. COMMENTS
Comments on the proposed amended rule may be submitted to Texas Veterans Commission, Attention: General Counsel, P.O. Box 12277, Austin, Texas 78711; faxed to (512) 475-2395; or emailed to rulemaking@tvc.texas.gov. For comments submitted electronically, please include "Chapter 451 Rules" in the subject line. The commission must receive comments postmarked no later than 30 days from the date this proposal is published in the Texas Register.
PART V. STATUTORY AUTHORITY
The rule amendment is proposed under Texas Government Code §434.010 which authorizes the commission to establish rules it considers necessary for its administration.
No other statutes, articles or codes are affected by these rules.
§451.1.Definitions.
The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.
(1) - (2) (No change.)
(3) Certificate of training [Certified]--Documentation that an officer has met [Having met]
the requirements of §450.3 of this title (relating to General
Provisions) for "certification".
(4) - (7) (No change.)
(8) Recognized Veterans Service Organization--An organization accredited [certified] by the United States Department
of Veterans Affairs to represent claimants.
(9) Recommendation--the procedure by which the commission indicates to the secretary that it desires an officer to become an accredited representative of the Texas Veterans Commission and certifies that the officer meets the requirements of 38 C.F.R. § 14.629(a).
(10)
[(9)] Representative--Person who has
been recommended by a Recognized Veterans Service Organization and
accredited by the United States Department of Veterans Affairs.
(11) [(10)] Secretary--The secretary of
the United States Department of Veterans Affairs.
(12) [(11)] Training event--Training or
testing conducted by the commission.
§451.3.General Provisions.
(a) The commission shall provide all [All]
officers [shall be provided a copy of] information concerning
accreditation [by the commission] when the commission
receives notice that [information is received indicating]
an officer has been appointed [appointment has been
made] 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:
[consideration to be accredited representative of the commission:]
(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 [assure] continued qualification as a representative in the claims' process.
(c) To receive recommendation [be an
accredited representative of the Texas Veterans Commission],
the officer must hold a current certificate of training from
the commission [be currently certified by 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 [Officers] must
submit a formal written application [request]
for recommendation [accreditation] to the commission,
which shall review the application for eligibility and approval.
(e) - (f) (No change.)
(g) Examinations for initial recommendation [accreditation] and examinations to maintain recommendation [accreditation] will be administered by the commission at a location
and time designated by the commission.
(h) - (i) (No change.)
(j) To maintain the recommendation of the commission [accreditation], an officer must successfully pass, at least
annually, a proficiency exam and hold a current certificate of
training [be certified] 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 [Revoke] the accreditation
of the officer upon termination of the officer;
(2) suspend [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 [Suspend] or revoke
the accreditation of the officer for any situation in which the action
is deemed appropriate.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on May 12, 2023.
TRD-202301734
Cory Scanlon
General Counsel
Texas Veterans Commission
Earliest possible date of adoption: June 25, 2023
For further information, please call: (737) 320-4167