Adopted Rules Title 40

TITLE 40. SOCIAL SERVICES AND ASSISTANCE

CHAPTER 450. VETERANS COUNTY SERVICE OFFICERS CERTIFICATE OF TRAINING

The Texas Veterans Commission (Commission) adopts amendments to Chapter 450, §450.1 and §450.3, of Title 40, Part 15, Chapter 450 of the Texas Administrative Code concerning Veterans County Service Officers Certificate of Training without changes to the proposed text as published in the May 26, 2023, issue of the Texas Register (48 TexReg 2688) and will not be republished.

The amended rules are adopted to change the definitions in existing language to reflect the language in Title 38 of the Code of Federal Regulations (CFR) and to correct grammatical errors.

No comments were received regarding the proposed rule amendments.

The amended rules are adopted under Texas Government Code §434.010, which authorizes the Commission to establish rules it considers necessary for its administration, and Texas Government Code §434.038, which authorizes the Commission to establish rules governing the training and certification for Veteran County Service Officers and Assistant Veterans County Service Officers.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on August 11, 2023.

TRD-202302954

Kathleen Cordova

General Counsel

Texas Veterans Commission

Effective date: August 31, 2023

Proposal publication date: May 26, 2023

For further information, please call: (737) 320-4167

CHAPTER 451. VETERANS COUNTY SERVICE OFFICERS ACCREDITATION

40 TAC §451.1, §451.3

The Texas Veterans Commission (Commission) adopts amendments to Chapter 451, §451.1 and §451.3, Veterans County Service Officers Accreditation with nonsubstantive changes to the proposed text as published in the May 26, 2023, issue of the Texas Register (48 TexReg 2689) and will be republished.

The amended rules are adopted to change existing language to be consistent with the terms found in Title 38 of the Code of Federal Regulations (CFR).

No comments were received regarding the proposed rule amendments.

The amended rules are adopted under Texas Government Code §434.010, which authorizes the Commission to establish rules it considers necessary for its administration, and Texas Government Code §434.039, which authorizes the Commission to develop a plan for encouraging service officers to become accredited by the United States Department of Veterans Affairs.

§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) Accreditation--Recognition by the United States Department of Veterans Affairs (VA) of representatives, attorneys, and agents to represent claimants.

(2) Accredited representative of the Texas Veterans Commission--A representative of the Texas Veterans Commission approved by the secretary for the preparation, presentation, and prosecution of claims under laws administered by the secretary.

(3) Certificate of training--Documentation that an officer has met the requirements of §450.3 of this title (relating to General Provisions).

(4) Commission--The Texas Veterans Commission which is a "Recognized Veterans Service Organization" by the United States Department of Veterans Affairs.

(5) Credit hour--Unit of measuring credit earned for attending a classroom or virtual training courses provided by the commission or other commission approved training.

(6) Initial training--Introductory training completed by newly appointed officers as defined in Chapter 450 of this title (relating to Certificate of Training).

(7) Officer--Veterans County Service Officer or assistant veterans county service officer appointed by a county commissioners court.

(8) Recognized Veterans Service Organization--An organization accredited 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) Representative--Person who has been recommended by a Recognized Veterans Service Organization and accredited by the United States Department of Veterans Affairs.

(11) Secretary--The secretary of the United States Department of Veterans Affairs.

(12) Training event -- Training or testing conducted by the commission.

§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;

(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.