Current through Reg. 49, No. 12; March 22, 2024
(a) The licensee must:
(1) if affiliated with an air conditioning
and refrigeration contracting company, assign the license to one company or one
permanent office of the company that will use the license;
(2) if affiliated with an air conditioning
and refrigeration contracting company, be an employee or owner of the air
conditioning and refrigeration contracting company and must work full time at
the company or permanent office of the company;
(3) use the license for one business
affiliation and one permanent office at any one given time;
(4) furnish the department with the
licensee's permanent mailing address and the name, physical address, and
telephone number of the air conditioning and refrigeration contracting company
through which the licensee provides services;
(5) verify that all work for which the
licensee has supervisory responsibility is performed so that mechanical
integrity of installed products, system or equipment is maintained, and that
all maintenance, service, and repair work has been done properly;
(6) if affiliated with an air conditioning
and refrigeration contracting company, furnish to municipalities a list of
authorized agents that may pull permits under the license, and, if
subcontracting jobs to other licensed air conditioning and refrigeration
contracting companies, furnish a list of agents of those licensed companies
that may pull permits under the license;
(7) provide proper installation and service,
and assure the mechanical integrity of work and installations performed or
supervised by the licensee;
(8) not
misrepresent the need for services, services to be provided, or services that
have been provided;
(9) not make a
fraudulent promise or false statement to influence, persuade, or induce an
individual or a company to contract for services;
(10) not knowingly provide air conditioning
and refrigeration work for or on behalf of an unlicensed air conditioning and
refrigeration contracting company, or a contracting company that does not have
an affiliation with a licensed individual who supervises all air conditioning
and refrigeration work as provided by Occupations Code, Chapter 1302, and this
chapter;
(11) only use licensed
contractors, registered technicians, certified technicians, or students meeting
the requirements of §75.30(a)(6) to perform maintenance work;
and
(12) Upon request from the
applicant or the department, verify information within the licensee's knowledge
regarding the practical experience of an applicant claiming to have worked
under the supervision of the licensee, on a form designated by the department.
The licensee must provide information requested by the department within
fifteen (15) calendar days of the request. The verified information must
include, but is not limited to:
(A) Dates
during which the licensee supervised the applicant;
(B) A brief description of the work performed
by the applicant; and
(C) The name
of the business under which the applicant's work was performed.
(b) A licensee may
subcontract portions of work requiring a license under the Act to unlicensed
persons, firms, or corporations as long as:
(1) the licensee actively provides work or
service which requires a license, either in person or with the licensee's
employees;
(2) the work or service
provided in person or with the licensee's employees consists of more than
accepting a contract or request for service, scheduling the work, and providing
supervision of the work; and
(3)
the licensee is ultimately responsible to the customer for all work performed
by the subcontractor.
(c) The design of a system may not be
subcontracted to an unlicensed person, firm or corporation.
(d) A licensee who subcontracts to perform
work requiring a license under the Act for an air conditioning and
refrigeration contracting company is responsible to the company and the
department for the mechanical integrity of all work performed by the
subcontractor.
(e) The licensee is
responsible for all work performed under the licensee's supervision, regardless
of whether the owners, officers, or managers of the air conditioning and
refrigeration contracting company allow the licensee the authority to
supervise, train, or otherwise control compliance with the Act.
(f) A licensee may not allow another
individual to use the licensee's license for any purpose.
(g) A licensee may not allow any air
conditioning and refrigeration contracting company with which the licensee has
no business affiliation to use the licensee's license for any purpose, except
as otherwise allowed by this chapter.
(h) A licensee must:
(1) notify the department, in writing, within
thirty (30) calendar days of any change in permanent mailing address, company
location, company telephone number or change in assignment of license;
and
(2) provide a revised insurance
certificate to the department within thirty (30) calendar days of a change in
the name of the company to which the license is assigned.
(i) Failure to maintain insurance or failure
to provide a certificate of insurance when requested is grounds for imposition
of administrative penalties and/or sanctions.
(j) Altering a license in any way is
prohibited and is grounds for imposition of administrative penalties and/or
sanctions.