Current through Reg. 49, No. 38; September 20, 2024
(a) General requirements. Applications for
initial or renewal certification under these sections must be made on the
appropriate forms provided by the Texas Department of Health (department). The
application shall be signed by the applicant and must be accompanied by a check
or money order, made payable to the Texas Department of Health, for the amount
of the initial or renewal certification fee. Only applications that are
complete shall be considered by the department; the duty to meet all
requirements for certification rests with the applicant. For specific
requirements for the various certification disciplines, refer to the sections
applicable to that discipline relating to certification requirements.
(b) Inquiries. Potential applicants who wish
to discuss or obtain information concerning qualification requirements may do
so by calling the department's Environmental Lead Program at (512) 834-6612 or
(888) 778-9440 (toll-free in Texas). The applicant may also visit the program's
website at http://www.tdh.state.tx.us/beh/lead to obtain information and to
download forms.
(c) Denials. The
department may deny an application for initial or renewal certification if the
applicant fails to meet the standards established by these sections. If a time
period is specified, applicants may not reapply for that period.
(1) past history of assessed penalties from
violations of these sections by the applicant and/or the applicant's employees
or agents--three years;
(2)
evidence that the applicant cannot be legally employed in the United
States;
(3) fraud,
misrepresentation, or deception in obtaining, attempting to obtain, or renewing
a certificate--three years;
(4)
failure to submit the required appropriate documentation within 60 days of a
written request by the department for consideration toward granting
certification;
(5) failure to
submit the required fee for initial certification or when renewing a
certification, including any additionally required late fees within 60 days of
a written request;
(6) failure to
maintain or to permit inspection of the records required of all certified
persons--one year;
(7) employing or
permitting an unauthorized person or individual to work on any lead project or
operation--one year;
(8) engaging
in or attempting to engage in a lead-related activity without a valid
certification--three years;
(9)
failure to comply with any rule adopted by the board or order issued by the
department--one year;
(10) failure
to meet the terms of reciprocity as described in §
295.215(a)
of this title (relating to Reciprocity);
(11) conviction within the past five years of
a felony or a misdemeanor related to conditions for which a person engaged in
lead activities--three years;
(12)
failure of a certified person to complete their responsibilities during a lead
project or operation due to insufficient financial resources--three
years;
(13) failure to prevent lead
contamination of areas adjacent to the abatement area--three years;
(14) failure to pass the state certification
examination with a score of at least 70% correct in no more than three attempts
within six months of completing the appropriate training course(s);
(15) engaging in cheating practices on any
state certification examination--three years;
(16) failure to provide a certification
application with an original signature of the applicant (not photocopied,
facsimiled, or electronically reproduced);
(17) failure to successfully complete the
required appropriate training course(s) from a department-accredited training
program provider for consideration toward granting certification;
(18) failure to successfully complete the
required appropriate refresher training course(s) from a department-accredited
training program provider for consideration toward granting renewal
certification;
(19) failure to
successfully complete the required appropriate refresher training course(s)
from a department-accredited training program provider no sooner than 180 days
prior to the certification's expiration date or within one year beyond the
certification expiration date;
(20)
failure to submit a complete renewal certification application within one year
beyond the three-year certification expiration date of the previous
certification;
(21) failure to
submit a complete initial certification application within six months after
passing the state certification examination with a score of at least 70%
correct;
(22) failure to submit a
complete initial certification application, including documentation of any
additionally required refresher training course(s), within one year after
completing the additionally required refresher training course, and within
three years of passing the state certification examination with a score of at
least 70% correct; or
(23) failure
to submit a complete initial certification application, including documentation
of any additionally required refresher training course(s), within one year
after completing the additionally required refresher training course(s), and
within three years of completing the original training course.
(d) Administrative penalty. In
accordance with §
295.220
of this title (relating to Compliance: Administrative Penalty) an
administrative penalty may be assessed, for fraud or misrepresentation in
obtaining, attempting to obtain, or renewing a certification.
(e) Appeal of certification denial. A denial
of an initial or renewal certification application may be appealed by the
applicant. The hearing will be conducted as outlined in subsection (f)(5) of
this section. The details for requesting a hearing will be included in each
letter of denial.
(f) Processing
initial or renewal certification applications.
(1) Time periods. Applications for initial or
renewal certification will be processed within 60 days of receipt by issuing a
certification or by providing a written notice to the applicant outlining the
reasons why the application is deficient. In cases of a deficient application,
the certification will be issued within 60 days of the applicant meeting all
the certification requirements including receipt of all acceptable documents at
the department.
(2) Reimbursement
of fees. Initial or renewal certification application fees will be refunded
only when the department does not process a completed application in the time
period specified, or an applicant is not able to meet the certification
requirements. If fee amounts paid to the department are in excess of the
correct fee amount, the excess payment will be reimbursed. Reimbursement of
fees paid for a certification application not meeting the requirements will be
made, minus a $25 administrative fee.
(3) Denial of an initial or renewal
certification application due to abandonment of the application does not
constitute grounds for reimbursement. Abandonment is defined as failure to
respond to a written request of the department by the applicant for a period of
90 days.
(4) Appeal of
reimbursement denial. If a request for reimbursement authorized by this
subsection is denied, the applicant may then appeal to the commissioner of
health for a resolution of the dispute. The applicant shall give written notice
to the commissioner by writing to the chief, Environmental Lead Branch, the
designated representative of the commissioner, requesting reimbursement of all
filing fees paid because his/her initial or renewal certification application
was not processed within the prescribed time period or the applicant can prove
that he/she did respond to a written request of the department within 90 days
of that request. The branch chief shall submit a written report of the facts
related to the processing of the application and good cause for exceeding the
established time periods or evidence that the application was abandoned. The
commissioner will determine the final action and provide written notification
of his/her decision to the applicant and the branch chief.
(5) Contested case hearing. If at any time
during the processing of the initial or renewal certification application, a
contested case proceeding arises, the applicant may request a hearing in
accordance with the department's Fair Hearing Procedures found at 25 TAC,
§§
1.51-
1.55.
(g) Reminder notices. Not later
than the 60th day before the date a person's or firm's certification is
scheduled to expire, the department, as a service to the certified person or
firm, shall send written notice of the impending expiration to the person or
firm at the person's or firm's last known address according to the records of
the department. For those individuals or firms issued a three-year
certification prior to January 1, 2005, at least 60 days before the end of
years one and two of the three-year certification period, the department, as a
service to the certified person or firm, shall send a reminder notice of the
impending due-date of their annual fee, including an annual fee payment coupon,
to the certified person's or firm's last known address according to the records
of the department. It is the responsibility of the certified person or firm to
keep the department informed of their current address, or change of address for
all certification categories, and to take action to keep their certification
current or renew their certification whether or not they have received the
notification from the department. Failure by the department to send the timely
notice, including any annual fee payment coupon, creates no liability to the
department and does not relieve the applicant of the obligation to file a
timely renewal application or making a timely annual fee payment. The reminder
notice will state:
(1) the type of
certification requiring payment of the annual fee or certification renewal
fee;
(2) the time period allowed
for payment of the annual fee or certification renewal fee; and
(3) the amount of the annual fee or
certification renewal fee.
(h) Certification renewal requirements.
(1) A certification may be renewed for an
additional two-year term provided that the person:
(A) is qualified to be certified;
(B) pays to the department the proper
certification renewal fee;
(C)
submits to the department a complete certification renewal application on the
prescribed form along with all required documentation;
(D) successfully completes the requirements
for certification renewal;
(E) has
complied with all final orders resulting from any violations of these sections;
and
(F) submits a copy of the
refresher training course certificate(s), if required.
(2) Expired certifications. A person whose
certification has been expired for:
(A) 90
days or less may renew the certification by paying to the department a renewal
fee that is equal to 1-1/2 times the normally required renewal fee;
(B) more than 90 days but less than one year
may renew the certification by paying to the department a renewal fee that is
two times the normally required renewal fee;
(C) one year or more may not renew their
certification. The person may become re-certified by complying with the current
requirements and procedures, including any examination requirements, for an
original certification.
(3) Renewal by out-of-state practitioner. A
person who was certified in this state, moved to another state, and is
currently certified and has been in practice in the other state for the two
years preceding the date of application, may obtain a new certification without
any applicable reexamination. The person must pay to the department a fee that
is equal to two times the normally required renewal fee for the
certification.
(i)
Prohibition. Practicing with an expired certification is prohibited. If a
certification holder makes a timely and sufficient application for the renewal
of the certification by the expiration date, the current certification in
his/her possession does not expire until the application has been finally
approved or denied by the department. Certifications which have been expired
for a period of one year or more beyond the expiration date cannot be renewed.
The person or firm whose certification has been expired for one year or more
may become re-certified by complying with the current requirements and
procedures, including any examination requirements, for an original
certification.
(j) Replacements. A
certified person or firm may obtain a replacement certificate and/or
identification (ID) card by submitting such request in writing on a
department-issued form along with the reissuance fee of $20 for each official
document requested.
(k) Retention
of control. The department may, at any time after the filing of any application
and before the expiration of any certification, require:
(1) additional written information and
assurances; and
(2) cooperation
with any inspections initiated by the department, or the production of any
documentary or other evidence that the department considers necessary to
determine whether the certification should be granted, delayed, denied,
modified, suspended or revoked.
(l) Change of name, address, telephone
number, business name, organization affiliation, and/or firm's owner or
authorized agent. The Texas Department of Health (department) must be notified
in writing by the certified person or firm of these changes from that person's
or firm's original application for certification on file at the department no
later than 60 days after that change. Failure to maintain current information
on file with the department may result in the suspension of the
certification.
(m) TexasOnline. The
department is authorized to collect subscription and convenience fees, in
amounts determined by the TexasOnline Authority, to recover costs associated
with processing certification applications, examination registrations, and
replacement applications through TexasOnline, in accordance with the Texas
Government Code, §
2054.111
(relating to Use of TexasOnline Project).
