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Historical Rule for the Texas Administrative Code

TITLE 37PUBLIC SAFETY AND CORRECTIONS
PART 13TEXAS COMMISSION ON FIRE PROTECTION
CHAPTER 437FEES
RULE §437.5Fees--Renewal

(a) The annual renewal fee shall be $20 and shall be assessed for each certified individual and certified training facility. If an individual holds more than one certificate, the commission may collect only one $20 renewal fee which will renew all certificates held by the individual.

(b) Renewal fees shall not be combined with other fees, such as certification fees, fees for commission manuals, fees for Commission Certification Curriculum Manuals, and copying fees.

(c) The employing entity shall pay the renewal fee for all certificates which a person must possess as a condition of employment.

(d) If a person re-enters the fire service whose certificate(s) has been expired for less than one year, the employing entity must:

  (1) within 14 days of employment notify the commission that the individual has been employed, and

  (2) pay all applicable renewal fee(s) and any applicable late fee(s). Upon payment of the required fees, the certificates previously held by the individual, for which he or she continues to qualify, will be renewed.

(e) Nothing in this section shall prohibit an individual from paying a renewal fee for any certificate which he or she is qualified to hold providing the certificate is not required as a condition of employment.

(f) Certification renewal notices will be mailed to all employing entities at least 60 days prior to October 31 of each calendar year.

(g) All certification renewal fees must be returned with the renewal notice to the commission.

(h) All certification renewal fees must be paid on or before the renewal date posted on the renewal notice to avoid penalty.

(i) All certification renewal fees received from one to 30 days after the renewal date posted on the renewal notice will cause the entity responsible for payment to be assessed a $10 penalty in addition to the renewal fee for each individual for which a renewal fee was due.

(j) All certification renewal fees received more than 30 days after the renewal date posted on the renewal notice will cause the entity responsible for payment to be assessed a $20 penalty in addition to the renewal fee for each individual for which a renewal fee was due.

(k) At the discretion of the commission, an informal conference may be held to determine what action should be taken, if any, in addition to the penalty assessed for certification renewal fees received after the due date.

(l) The certification period shall be from November 1 through October 31 of each calendar year.

(m) An individual certificate holder not employed by a fire department must notify the commission of his or her home address within 14 calendar days of a change of address.

(n) An individual or entity may petition the commission for a waiver of the late fees required by this section if the person's certificate expired because of the individual or employing entity's good faith clerical error, or expired as a result of termination of the person's employment where the person has been restored to employment through a disciplinary procedure or a court action. All required renewal fees including applicable late fees and all required continuing education must be submitted before the waiver request may be considered.

  (1) Applicants claiming good faith clerical error must submit a sworn statement together with any supporting documentation that evidences the applicant's good faith efforts to comply with commission renewal requirements and that failure to comply was due to circumstances beyond the control of the applicant.

  (2) Applicants claiming restoration to employment as a result of a disciplinary or court action must submit a certified copy of the order restoring the applicant to employment.


Source Note: The provisions of this §437.5 adopted to be effective November 1, 1998, 23 TexReg 10900.

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