40 Tex. Admin. Code § 451.3
General Provisions
Effective Jun 3, 201843 TexReg 3481Source Note: 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 to be effective June 3, 2018, 43 TexReg 3481.Texas Secretary of State
- (a) All officers shall be provided a copy of information concerning accreditation by the commission when information is received indicating an 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 consideration to be an 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 assure continued qualification as a representative in the claim process.
- (c) To be an accredited representative of the Texas Veterans Commission, the officer must 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) Officer must submit a formal written request for accreditation to the commission, which will 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 attendance to one commission conducted training event per calendar year to obtain the annual training requirement. However, if an officer has met the 12 hours required annually, then the commission will not pay for the officer to attend subsequent training events.
- (g) Examinations for accreditation and to maintain accreditation will be administered by the commission at a location(s) and time(s) designated by the commission.
- (h) The officer 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 accreditation, an officer must successfully pass, at least annually, a proficiency exam and 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 Representation and Counseling Director. Disputes shall be reviewed and a decision rendered by the commission Claims Representation and Counseling Director or designee. Disputes which remain unresolved shall be referred to the executive director of the commission or the executive director's designee(s). The decision of the executive director or the executive director's designee(s) shall be final.
(l) The executive director of the commission or the executive director's designee(s) will:
- (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.
- (3) Suspend or revoke the accreditation of the officer for any situation to which the action is deemed appropriate.
Source Note: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 to be effective June 3, 2018, 43 TexReg 3481.