(a) Commission. The Texas Animal Health Commission shall have the following powers and duties:      
        (1) The Commission shall formulate the policy objectives for the agency and shall appoint and supervise the agency's Executive Director. The Commission shall approve actions of the Executive Director where such approval is required by law, requested by the Executive Director, or desired by the Commission.        
          (2) The Commission shall propose, adopt, and amend regulations as required by the Government Code, Chapter 2001.          
            (3) The Commission shall determine the amount of the agency's requests for legislative appropriations, and approve the operating budget.            
              (4) The Commission shall supervise the agency's Internal Auditor.              
                (5) When allowed by law, the Commission may delegate any power or duty to a committee of its members or to the agency's Executive Director. TheChair may establish a committee and appoint committee members in an open meeting. The Chair may appoint committee members who are not members of the Commission, but a committee with such members will be advisory only and may not take final action on any issue.                
                  (6) The Commission shall issue final orders and assess administrative penalties as outlined in the Government Code, Chapter 2001 and Chapter 32 of this title (relating to Hearing and Appeal Procedures).                  
                    (b) Executive Director. The Executive Director of the Texas Animal Health Commission shall have the following powers and duties:                    
                      (1) The Executive Director shall administer the programs of the agency and has all powers necessary for such administration, as well as any specific duties assigned or functions delegated by the Commission. The Executive Director shall take those actions necessary to comply with and enforce federal and state laws applicable to the Texas AnimalHealth Commission.                      
                        (2) The Executive Director shall adopt personnel policies and employ persons in accordance with personnel policies to perform the work of the agency. The Executive Director may prescribe these employees' duties and compensation, subject to Commission approval of the budget and in accordance with personnel policies.                        
                          (3) The Executive Director may delegate any authority or duty to agency personnel.                          
                            (4) The Executive Director shall issue orders and set administrative penalties as allowed by this title and the Texas Agriculture Code.                            
                              (c) Extenuating circumstances. In case of unusual circumstances or individual hardship, the executive director may vary or waive any provisions of commission rules provided such waiver is not in conflict with sound epidemiologic principles. Individual hardship will commonly mean unforeseen circumstances that affect the owner or the owner's operationand are beyond the owner's control. Any waiver or variance from agency rule will be documented and presented to the Commission at the next scheduled meeting.                              
                                (d) Public Comment and Complaints.                                
                                  (1) At least twice a year, the public will be provided an opportunity to appear at Commission meetings to speak on any issue under the Commission's jurisdiction. The Chair may limit the time allotted to a speaker.                                  
                                    (2) The public and those regulated by the Commission will be notified of the name, mailing address, and telephone number of the Commission for the purpose of directing complaints and comments to the Commission. The information shall be included on:                                                                          (A) orders and decisions directed to persons and entities regulated by the agency;                                                                              (B) at least annually in a publication distributed by the agency.                                        
                                          (e) Program and Facility Accessibility. Citizens who do notspeak English or who have a physical, mental, or developmental disability will be provided reasonable access to the Commission itself and to the Commission's programs in that:                                          
                                            (1) All Commission facilities are in compliance with statutes concerning architectural barriers;                                            
                                              (2) If necessary, the agency will arrange for approved personnel status testing to be conducted orally, in sign language, or in a foreign language;                                              
                                                (3) Upon prior reasonable notice to the commission, the agency will provide interpreters and/or sign language specialists to assist citizens in presenting their input to the Commission.                                               
     Source Note:        The provisions of this §59.2 adopted to be effective June 19, 1990, 15 TexReg 3088; amended to be effective September 28, 1990, 15 TexReg 5361; amended to be effective November 22, 1991, 16 TexReg 6291; amended to be effective March 15, 1992, 17 TexReg 1536; amended to be effective December 18, 1992, 17 TexReg 8290; amended to be effective April 16, 1997, 22 TexReg 3397; amended to be effective September 6, 1998, 23 TexReg 8831.