Tex. Occ. Code Section 301.167
Negotiated Rulemaking; Alternative Dispute Resolution


(a)

The board shall develop and implement a policy to encourage the use of:

(1)

negotiated rulemaking procedures under Chapter 2008 (Negotiated Rulemaking), Government Code, for the adoption of board rules; and

(2)

appropriate alternative dispute resolution procedures under Chapter 2009 (Alternative Dispute Resolution for Use by Governmental Bodies), Government Code, to assist in the resolution of internal and external disputes under the board’s jurisdiction.

(b)

The board’s procedures relating to alternative dispute resolution must conform, to the extent possible, to any model guidelines issued by the State Office of Administrative Hearings for the use of alternative dispute resolution by state agencies.

(c)

The board shall designate a trained person to:

(1)

coordinate the implementation of the policy adopted under Subsection (a);

(2)

serve as a resource for any training needed to implement the procedures for negotiated rulemaking or alternative dispute resolution; and

(3)

collect data concerning the effectiveness of those procedures, as implemented by the board.
Added by Acts 2007, 80th Leg., R.S., Ch. 889 (H.B. 2426), Sec. 15, eff. September 1, 2007.

Source: Section 301.167 — Negotiated Rulemaking; Alternative Dispute Resolution, https://statutes.­capitol.­texas.­gov/Docs/OC/htm/OC.­301.­htm#301.­167 (accessed Jun. 5, 2024).

301.001
Short Title
301.002
Definitions
301.003
Application of Sunset Act
301.004
Application of Chapter
301.005
Reference in Other Law
301.006
Claim or Defense for Prohibited Rule or Policy
301.051
Board Membership
301.052
Member Eligibility
301.053
Membership and Employee Restrictions
301.054
Terms
301.055
Grounds for Removal
301.056
Per Diem
301.057
Officers
301.058
Meetings
301.059
Training
301.101
Executive Director
301.103
Public Records
301.104
Personnel
301.105
Division of Responsibilities
301.106
Qualifications and Standards of Conduct Information
301.107
Career Ladder Program
301.108
Equal Employment Opportunity Policy
301.151
General Rulemaking Authority
301.152
Rules Regarding Specialized Training
301.153
Rules Regarding Advertising and Competitive Bidding
301.154
Rules Regarding Delegation of Certain Medical Acts
301.155
Fees
301.156
Gifts and Grants
301.157
Programs of Study and Approval
301.158
Dissemination of Information
301.159
Board Duties Regarding Complaints
301.161
Enforcement
301.162
Legal Counsel
301.164
Assistance of Prosecutor
301.166
Use of Technology
301.167
Negotiated Rulemaking
301.168
Duties Regarding Prescriptive Authority Agreements
301.201
Public Interest Information
301.202
Complaints
301.203
Records and Analysis of Complaints
301.204
General Rules, Policies, and Procedures Regarding Complaint Investigation and Disposition
301.205
Public Participation
301.206
Confidentiality of Information Collected for Emergency Relief Programs
301.207
Confidentiality of Information Provided for Licensure
301.251
License Required
301.252
License Application
301.253
Examination
301.254
Examination Results
301.255
Reexamination
301.256
Issuance of License
301.257
Declaratory Order of License Eligibility
301.258
Temporary Permit
301.259
Reciprocal License by Endorsement for Certain Foreign Applicants
301.260
Temporary License by Endorsement
301.261
Inactive Status
301.301
License Renewal
301.302
Renewal of Expired License by Out-of-state Practitioner
301.303
Continuing Competency
301.304
Continuing Education in Tick-borne Diseases
301.305
Continuing Education in Nursing Jurisprudence and Nursing Ethics
301.306
Forensic Evidence Collection Component in Continuing Education
301.307
Continuing Education in Older Adult or Geriatric Care
301.308
Continuing Education in Human Trafficking Prevention
301.351
Designations
301.352
Protection for Refusal to Engage in Certain Conduct
301.353
Supervision of Vocational Nurse
301.354
Nurse First Assistants
301.356
Refusal of Mandatory Overtime
301.401
Definitions
301.402
Mandatory Report by Nurse
301.403
Duty of Peer Review Committee to Report
301.404
Duty of Nursing Educational Program to Report
301.405
Duty of Person Employing Nurse to Report
301.406
Duty of Certain Professional Associations and Organizations to Report
301.407
Duty of State Agency to Report
301.408
Duty of Liability Insurer to Report
301.409
Duty of Prosecuting Attorney to Report
301.410
Report Regarding Impairment by Chemical Dependency, Mental Illness, or Diminished Mental Capacity
301.411
Effect of Failure to Report
301.412
Reporting Immunity
301.413
Retaliatory Action
301.414
Notice and Review of Report
301.415
Rebuttal Statement
301.416
Investigation
301.417
Confidentiality Requirements
301.418
Disclosure of Charges or Disciplinary Action
301.419
General Provisions Regarding Duty to Report
301.451
Certain Prohibited Practices
301.452
Grounds for Disciplinary Action
301.453
Disciplinary Authority of Board
301.454
Notice and Hearing
301.455
Temporary License Suspension or Restriction
301.456
Evidence
301.457
Complaint and Investigation
301.458
Initiation of Formal Charges
301.459
Formal Hearing
301.460
Access to Information
301.461
Assessment of Costs Prohibited
301.462
Voluntary Surrender of License
301.463
Agreed Disposition
301.464
Informal Proceedings
301.465
Subpoenas
301.466
Confidentiality
301.467
Reinstatement
301.468
Probation
301.469
Notice of Final Action
301.470
Refund
301.471
Emergency Cease and Desist Order
301.501
Imposition of Penalty
301.502
Amount of Penalty
301.503
Report and Notice of Violation and Penalty
301.504
Penalty to Be Paid or Hearing Requested
301.505
Hearing
301.506
Decision by Board
301.507
Options Following Decision: Pay or Appeal
301.508
Collection of Penalty
301.509
Determination by Court
301.510
Remittance of Penalty and Interest
301.511
Administrative Procedure
301.551
Injunction
301.552
Monitoring of License Holder
301.553
Civil Penalty
301.554
Criminal Penalty
301.555
Appeal
301.601
Definition
301.602
Rules
301.603
Applicability
301.604
Registration Required
301.605
Compliance with Rules
301.606
Inspections
301.607
Requests for Inspection and Advisory Opinions
301.651
Definitions
301.652
Imposition of Corrective Action
301.653
Report and Notice of Violation and Corrective Action
301.654
Response
301.655
Action Following Response
301.656
Report to Board
301.657
Effect on Acceptance of Corrective or Deferred Action
301.1545
Rules on Consequences of Criminal Conviction or Deferred Adjudication
301.1571
Use of Standardized Examinations
301.1581
Information Provided to License Holders
301.1582
Poison Control Center Information
301.1583
Disciplinary Action
301.1595
Advisory Committees
301.1605
Pilot Programs for Innovative Applications
301.1606
Pilot Programs on Nurse Reporting Systems
301.1615
Obtaining Criminal History Record Information
301.2511
Criminal History Record Information for License Applicants
301.3011
Criminal History Record Information Requirement for Renewal
301.4011
Good Faith Report by Nurse
301.4025
Optional Report by Nurse
301.4105
Board Responsibility Following Report
301.4106
Peer Assistance Programs
301.4515
Use of Certain Nursing Titles
301.4521
Physical and Psychological Evaluation
301.4531
Schedule of Sanctions
301.4535
Required Suspension, Revocation, or Refusal of License for Certain Offenses
301.4551
Temporary License Suspension for Drug or Alcohol Use
301.4575
Procedures for Expert Advanced Practice Registered Nurse Review
301.6555
Deferred Action

Accessed:
Jun. 5, 2024

§ 301.167’s source at texas​.gov