| (2) Department certificate replacement. An individual requesting a certified food manager certificate replacement shall submit a completed written application to the department with the appropriate non-refundable fee. Replacement certificates will bear the same expiration date as the original certificate. (k) Department certificate fees. All fees are payable to the Department of State Health Services and are non-refundable. Fees shall be submitted with the appropriate form that relates to the fee category. A current license shall only be issued when all past due fees and late fees are paid for all years of operation in Texas. Fees shall be: (1) Two-year renewal certificate fee. The fee for a two-year renewal certificate shall be $10. (2) Replacement certificate fee. A replacement certificate fee for the department examination shall be $15. (3) Texas Online Authority fee. For all applications and renewal applications, the department is authorized to collect subscription and convenience fees, in amounts determined by the Texas Online Authority, to recover costs associated with application and renewal application processing through Texas Online. (l) Licensing of certified food manager licensee. The department shall issue a license to a certified food manager licensee meeting the requirements of this section. A license issued under these rules shall expire two years from the date of issuance. A license is not transferable on change of ownership, name, or examination site location. (1) Application. Persons wishing to apply for a certified food manager license shall submit a completed application to the department. (2) Security agreement. The licensee shall submit a signed security agreement that individual examination items, examination item banks, certified food manager certification examinations, examination answer sheets, and candidate scores shall be secure at all times, and during administration that the examinations shall remain secure. (3) Certified food manager licensee fee. The completed license application shall include the appropriate non-refundable fee as specified in subsection (n)(1) of this section. (4) Certification examination. Department-approved examination(s) utilized by the certified food manager licensee shall be designated on the application. (5) Number of examination sites utilized. The license application shall indicate the number of examination sites to be utilized under the certified food manager license. (m) Responsibilities of licensee. (1) Compliance with food manager laws and rules. The licensee is responsible for compliance with applicable food manager laws and rules. (2) Payment of fees. All fees shall be non-refundable and paid as specified in subsection (n) of this section. (n) Required fees. All fees are payable to the Department of State Health Services and are non-refundable. Fees shall be submitted with the appropriate form that relates to the fee category. A current license shall only be issued when all past due fees and late fees are paid for all years of operation in Texas. Fees shall be: (1) Certified food manager licensee fee. Certified food manager licenses shall be valid for a two-year period and fees shall be based on the number of examination sites at which the licensee administers the examinations based on the following scale: (A) one site: (i) the two-year license fee for initial, renewal, or change of ownership shall be $400; and (ii) a license fee for a program amendment during the current licensure period shall be $200; (B) two to ten sites: (i) the two-year license fee for initial, renewal, or change of ownership shall be $1,000; and (ii) a license fee for a program amendment during the current licensure period shall be $500; (C) over ten sites: (i) the two-year license fee for initial, renewal, or change of ownership shall be $2,000; and (ii) a license fee for a program amendment during the current licensure period shall be $1,000. (2) Late fee. A certified food manager licensee submitting a completed renewal application to the department after the expiration date shall pay an additional $100 as a late fee. (3) Texas Online Authority fee. For all applications and renewal applications, the department is authorized to collect subscription and convenience fees, in amounts determined by the Texas Online Authority, to recover costs associated with application and renewal application processing through Texas Online. (o) Certified food manager licensee registry. The department shall maintain a registry of all certified food manager licensees. The registry shall be made available on the department website. (p) Department audits. Audits of certified food manager licensees may be conducted to assess compliance with these rules. Audits may be based on analysis of data compiled by the department. Licensees shall allow personnel authorized by the department access for the purposes of an audit. (q) Denial, suspension and revocation of certified food manager license. A certified food manager license may be denied, suspended or revoked for the following reasons: (1) breach of the security agreement; (2) delinquency in payment of fees as described in this section; or (3) violation of the provisions of this section. (r) Denial, suspension and revocation procedures. Denial, suspension and revocation procedures under this section shall be conducted in accordance with the Administrative Procedure Act, Government Code, Chapter 2001. (s) Suspension of License Relating to Child Support and Child Custody. (1) On receipt of a final court order or attorney general's order suspending a license due to failure to pay child support or for failure to comply with the terms of a court order providing for the possession of or access to a child, the department shall immediately determine if a license has been issued to the obligator named and: (A) record the suspension of the license in the department's records; (B) report the suspension as appropriate; and (C) demand surrender of the suspended license. (2) The department shall implement the terms of a final court or attorney general's order suspending a license without additional review or hearing. The board will provide notice as appropriate to the licensee or to others concerned with the license. (3) The department may not modify, remand, reverse, vacate, or stay a court or attorney general's order suspending a license issued under the Family Code, Chapter 232, and may not review, vacate, or reconsider the terms of an order. (4) A licensee who is the subject of a final court or attorney general's order suspending his or her license is not entitled to a refund for any fee paid to the department. (5) If a suspension overlaps a license renewal period, an individual with a license suspended under this section shall comply with the normal renewal procedures in the Act and this chapter; however, the license will not be renewed until subsections (j) and (k) of this section are met. |
