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TexShare members -

The Texas State Library and Archives Commission has approved a posting for
comment of a proposed rule change related to fee assessment and the fee
protest process. The TexShare Advisory Board reviewed these proposed changes
at its October 10, 2003 meeting. The Texas Register posting can be found at
28 TexReg 9194, October 24, http://tinyurl.com/tgc7
 (The proposed changes are open for a 30-day comment period.

The proposed amendments would have two impacts:
        1)      Deleting the old tier structure, and making the rules more
adaptable to fit a variety of situations in which fees may be assessed.  By
stating that "Members may receive services or be assessed fees based on
demographic, financial, or other relevant information," the rules allow for
fees to be based on factors directly related to the service, as determined
by task force and advisory boards.
        2)      Adding reference to the complaint (appeals) process
establishes a formal mechanism by which a library may request that a fee be
lowered or waived. TexShare member libraries would follow the same review
procedure as is established for all other TSLAC programs.  Putting this
procedure into practice may involve the following steps:
                        a.      Library sends a letter of protest as
outlined in the rule.
                        b.      TexShare Advisory Board reviews the protests
in open meeting and makes a recommendation to the Director and Librarian
regarding resolution of that complaint. (We have scheduled a TexShare
Advisory Board meeting for December 12, 2003 for this purpose.)
                        c.      Director and Librarian determines resolution
of protest.
                        d.      Library accepts determination or appeals
decision to Texas State Library and Archives Commission.
                        e.   Texas State Library and Archives Commission
hears appeals and makes final determination regarding resolution of the
protest.

I encourage TexShare members to review the text of these proposed changes.
Please send any comments you have to me during the 30-day comment period.
Your thoughts are valuable to us.

Beverley Shirley, Division Director
Library Resource Sharing
Texas State Library and Archives Commission
(512) 463-5433      FAX (512) 936-2306
[EMAIL PROTECTED]


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