40 Tex. Admin. Code § 451.3 - General Provisions

(a) The commission shall provide all officers information concerning accreditation when the commission receives information is received indicating notice that an officer has been appointed 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:

(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 continued qualification as a representative in the claims' process.

(c) To receive recommendation, the officer must hold a current certificate of training from 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 must submit a formal written application for recommendation to the commission, which shall review the application for eligibility and approval.

(e) Credit hours may be earned by attending training sponsored or conducted by organizations other than the commission in accordance with § 450.3 of this title.

(f) The commission may pay for an officer's attendance to one commission conducted training event per fiscal year to meet the officer's annual training requirement. However, if an officer has met the 12 hours required annually, then the commission shall not pay for the officer to attend subsequent training events.

(g) Examinations for the initial recommendation and examinations to maintain recommendation will be administered by the commission at a location and time designated by the commission.

(h) Officers must agree to follow procedures promulgated by the commission.

(i) When all criteria have been met by the officer, the commission will request accreditation from the United States Department of Veterans Affairs via VA Form 21.

(j) To maintain the recommendation of the commission, an officer must successfully pass, at least annually, a proficiency exam and hold a current certificate of training 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 the accreditation of the officer upon termination of the officer;

(2) 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 or revoke the accreditation of the officer for any situation in which the action is deemed appropriate.

Notes

40 Tex. Admin. Code § 451.3

The provisions of this §451.3 adopted to be effective June 21, 1994, 19 TexReg 4426; amended to be effective January 1, 2007, 31 TexReg 10815; amended to be effective March 7, 2013, 38 TexReg 1375; Amended by Texas Register, Volume 43, Number 21, May 25, 2018, TexReg 3481, eff. 6/3/2018; Amended by Texas Register, Volume 44, Number 08, February 22, 2019, TexReg 0871, eff. 2/28/2019; Amended by Texas Register, Volume 44, Number 34, August 23, 2019, TexReg 4514, eff. 8/29/2019; Amended by Texas Register, Volume 48, Number 34, August 25, 2023, TexReg 4672, eff. 8/31/2023