SECTION 14.21. Duties of the Board and the Department

(a) The Board shall:

(1) advise the department on all matters relating to the Fund, including the Fund's budget and revenues necessary to accomplish the purposes of the Fund;

(2) advise the department on the adoption of rules relating to the payment of claims from the Fund and to the administration of the Fund; and

(3) conduct hearings on claims on which a Notice of Protest has been filed with the department.

(b) The department shall:

(1) administer the Fund, including the collection of fees from licensees, or a person required to be licensed, which are to be deposited into the Fund in accordance with the Texas Agriculture Code, Chapter 103;

(2) receive and process claims;

(3) conduct hearings on claims, where appropriate, and issue an agency determination on claims;

(4) refer claims to the Board, where appropriate;

(5) where an award from the Fund is made, process payment of claims in accordance with Chapter 103;

(6) where appropriate, seek reimbursement of payments made from the Fund; and

(7) provide administrative support to the Board, including posting notices of Board meetings, making arrangements for Board meetings, and preparing and mailing of notices of hearing and other correspondence to parties on cases heard by the Board.

Source Note: The provisions of this §14.21 adopted to be effective August 13, 1997, 22 TexReg 7223; amended to be effective September 1, 2009, 34 TexReg 5668