(a) A state agency may finally adopt and implement a proposed rule required to be submitted to the division under §5.204 of this subchapter only if:
  (1) the division issues a determination letter approving the proposed rule under §5.209 of this subchapter; or
  (2) the division issues a determination letter rejecting the proposed rule under §5.209 of this subchapter with precise instructions for the revision of the proposed rule and the state agency revises the proposed rule according to the division's instructions.
(b) If an addendum to a determination letter is issued under §5.209(e) of this subchapter, the state agency may finally adopt and implement the proposed rule, as amended, if:
  (1) the division issues an addendum approving the amendment; or
  (2) the division issues an addendum rejecting the amendment with precise instructions for revision and the state agency revises the proposed rule, as amended, according to the division's instructions.
(c) In adopting a proposed rule pursuant to this section, a state agency may make technical and nonsubstantive changes to the language of the proposed rule and any amendments to the proposed rule reviewed by the division. For purposes of subsections (a)(2) and (b)(2) of this section, a state agency may also make technical and nonsubstantive changes to the proposed rule when incorporating the division's precise instructions.
(d) A rule finally adopted and implemented in accordance with subsection (a)(2) or (b)(2) of this section is deemed to have been approved by the division for purposes of Section 57.106(e) of the Texas Occupations Code.

Source Note: The provisions of this §5.210 adopted to be effective October 14, 2020, 45 TexReg 7237; amended to be effective October 28, 2021, 46 TexReg 7205