Texas Administrative Code
Title 25 - HEALTH SERVICES
Part 1 - DEPARTMENT OF STATE HEALTH SERVICES
Chapter 296 - TEXAS ASBESTOS HEALTH PROTECTION
Subchapter Q - COMPLIANCE
Section 296.312 - Action Against an Accreditation

Universal Citation: 25 TX Admin Code ยง 296.312

Current through Reg. 49, No. 38; September 20, 2024

(a) DSHS must revoke an accredited person or suspend or revoke an accreditation for:

(1) performing work requiring accreditation on an asbestos project without being in physical possession of current accreditation certificates;

(2) possessing another person's duplicate accreditation certificate, permitting the duplication or use of one's own accreditation certificate by another, or failing to prevent duplication or unauthorized use of an accreditation certificate;

(3) performing work without the required accreditation;

(4) obtaining accreditation from a training provider that does not have approval to offer training for the particular accreditation type from EPA or from a state that has a contractor accreditation plan at least as stringent as the MAP; or

(5) failing to pay a required or assessed fee, as required in this chapter.

(b) DSHS must revoke an accreditation if DSHS finds, after notice and an opportunity for a hearing, as required in § 296.320 of this chapter (relating to Notice and Violation), that a person:

(1) has obtained the accreditation through fraudulent representation of training or examination documents;

(2) has obtained training documentation through fraudulent means;

(3) has gained admission to and completed refresher training through fraudulent representation of initial or previous refresher training documentation; or

(4) has obtained accreditation through fraudulent representation of accreditation requirements, such as education, training, professional registration, or experience.

(c) DSHS may suspend or revoke an accreditation certificate, or suspend an accreditation certificate on an emergency basis if the accredited person violates this chapter, the Act, or an order issued under the Act.

(d) If an accreditation has been suspended, the person whose accreditation has been suspended is not eligible for reaccreditation to be granted before one year after the date of the order imposing the suspension.

(e) If an accreditation has been revoked, the person whose accreditation is revoked is not eligible for reaccreditation to be granted before three years after the date of the order imposing the revocation.

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