Proposed Rule Review (Texas State-Chartered Credit Unions)

The Texas Credit Union Commission will review and consider for re-adoption, revision, or repeal, Chapter 93, Subchapter A, concerning common terms consisting of §93.101 (Scope; Definitions; Severability).

The Commission will review and consider for re-adoption, revision, or repeal, Chapter 93, Subchapter B, concerning general rules, consisting of §§93.201 (Appeals to the Commission, Appointment of SOAH), 93.202 (Computation of Time), 93.203 (Ex Parte Communications), 93.204 (Informal Disposition), 93.205 (Notice of Hearing), 93.207 (Service of Documentation on Parties), 93.208 (Delegation of Authority), 93.209 (Subpoenas), 93.210 (Discovery; Protective Orders; Motions to Compel), 93.211 (Administrative Record), 93.212 (Proposal for Decision), 93.213 (Appearances and Representation), and 93.214 (Recovery of Department Costs).

The Commission will review and consider for re-adoption, revision, or repeal, Chapter 93, Subchapter C, concerning appeals of preliminary determinations on applications consisting of §§93.301 (Finality of Decision; Request for SOAH Hearing; Waiver of Appeal), 93.302 (Referral to ADR), 93.303 (Hearings on Applications), and 93.305 (Appeals of All Other Applications for Which No Specific Procedure is Provided by this Title).

The Commission will review and consider for re-adoption, revision, or repeal, Chapter 93, Subchapter D, concerning appeals of cease and desist orders and orders of removal, consisting of §§93.401 (Appeals of Cease and Desist Orders and Orders of Removal), and 93.402 (Stays).

The Commission will review and consider for re-adoption, revision, or repeal, Chapter 93, Subchapter E, concerning appeals of orders of conservation, consisting of §§93.501 (Appeals of Orders of Conservation) and 93.502 (Retention of Attorney).

The Commission will also review and consider for re-adoption, revision, or repeal, Chapter 93, Subchapter F, concerning appeal of commissioner’s final determination to the commission, consisting of §§93.602 (Decision by the Commission), 91.603 (Oral Arguments Before the Commission), 91.604 (Motion for Rehearing), and 93.605 (Final Decisions and Appeals).

An assessment will be made by the Commission as to whether the reasons for adopting or readopting these rules continue to exist. Each rule will be reviewed to determine whether it is obsolete, whether the rule reflects current legal and policy considerations, and whether the rule reflects current procedures of the Credit Union Department.

The Commission also invites your comments on how to make these rules easier to understand. For example:

• Do the rules organize the material to suit your needs? If not, how could the material be better organized?
• Do the rules clearly state the requirements? If not, how could the rule be more clearly stated?
• Do the rules contain technical language or jargon that is not clear? If so, what language requires clarification?
• Would a different format (grouping and order of sections, use of headings, paragraphing) make the rule easier to understand? If so, what changes to the format would make the rule easier to understand?
• Would more (but shorter) sections be better in any of the rules? If so, what sections should be changed?
  

Any proposed changes to these rules as a result of the rule review will be published in the Proposed Rule Section of the Texas Register. The proposed rules will be open for public comment prior to the final adoption by the Commission.