(a) The annual renewal fee shall be $21 and shall be assessed
for each certified individual and certified training facility. If an individual
or certified training facility holds more than one certificate, the commission
may collect only one $21 renewal fee which will renew all certificates held
by the individual or certified training facility.
(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) A regulated 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 regulated 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 additional
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) If a person reapplies for a certificate(s) which has been
expired less than one year and the individual is not employed by a regulated
employing entity, as defined in subsection (c) of this section, the individual
must pay all applicable renewal fee(s) and any applicable additional fee(s).
Upon payment of the required fee(s), the certificate(s) previously held by
the individual, for which he or she continues to qualify, will be renewed.
(f) 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.
(g) Certification renewal statements will be mailed to all
regulated employing entities at least 60 days prior to October 31 of each
calendar year. Certification renewal statements will be mailed to certified
training facilities at least 60 days prior to February 1 of each calendar
year. Certification renewal statements will be mailed to individuals holding
certification at least 60 days prior to April 30 of each calendar year.
(h) All certification renewal fees must be returned with the
renewal statement to the commission.
(i) All certification renewal fees must be paid on or before
the renewal date posted on the certification renewal statement to avoid additional
fee(s).
(j) The certification period shall be a period not to exceed
one year. The certification period for employees of regulated employing entities
is November 1 to October 31. The certification period of certified training
facilities is February 1 to January 31. The certification period of Individual
certificate holders is May 1 to April 30.
(k) Individual certificate holders that possess a certification
that expires on October 31 will receive a renewal statement during the regulated
employing entities renewal cycle for a six month renewal period to align that
individual to the individual holding certification renewal cycle as defined
in subsection (j) of this section.
(l) A regulated employing entity that hires an individual holding
certification that is current and has a renewal expiration date of April 30
will receive a renewal statement during the individual holding certification
renewal cycle to align the renewal period as defined in subsection (j) of
this section.
(m) All certification renewal fees received from one to 30
days after the renewal date posted on the renewal notice will cause the individual
or entity responsible for payment to be assessed a $10 late fee in addition
to the renewal fee for each individual for which a renewal fee was due.
(n) All certification renewal fees received more than 30 days
after the renewal date posted on the renewal notice will cause the individual
or entity responsible for payment to be assessed a $20 late fee in addition
to the renewal fee for each individual for which a renewal fee was due.
(o) In addition to late fee(s) assessed for certification renewal,
the commission may hold an informal conference to determine, if any, further
action(s) are to be taken.
(p) 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 regulated 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.
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Source Note: The provisions of this §437.5 adopted to be effective November 1, 1998, 23 TexReg 10900; amended to be effective March 8, 2001, 26 TexReg 2045; amended to be effective July 29, 2002, 27 TexReg 6725 |