(a)A non-refundable annual renewal fee of $75 [
$85] 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
renewal fee of $75 [$85], which will renew all
certificates held by the individual or certified training facility.
(b)A regulated employing entity shall pay the renewal
fee for each individual who is required to possess certification as
a condition of employment.
(c)If a person re-enters the fire service whose certificate(s)
has been expired for less than one year, the regulated entity must
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.
(d)If a person wishes to renew 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 (b) 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 whom 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 information will be sent
to all regulated employing entities and individuals holding certification
at least 60 days prior to October 31 of each calendar year. Certification
renewal information will be sent to certified training facilities
at least 60 days prior to February 1 of each calendar year.
(g)If renewal payment is submitted by mail, all certification
renewal fees must be submitted with the renewal invoice to the commission.
(h)All certification renewal fees must be paid on
or before the last day of the certification period (see subsection
(i) of this section) to avoid additional fee(s).
(i)The certification period shall be a period not
to exceed one year. The certification period for employees of regulated
employing entities, and individuals holding certification is November
1 to October 31. The certification period of certified training facilities
is February 1 to January 31.
(j)All certification renewal fees received from one
to 30 days after the last day of the certification period will cause
the individual or entity responsible for payment to be assessed a
non-refundable late fee of $37.50 [$42.50] in
addition to the renewal fee for each individual or training provider
for which a renewal fee was due.
(k)All certification renewal fees received more than
30 days after the last day of the certification period will cause
the individual or entity responsible for payment to be assessed a
non-refundable late fee of $75 [$85] in addition
to the renewal fee for each individual or training provider for which
a renewal fee was due.
(l)In addition to any non-refundable late fee(s) assessed
for certification renewal, the commission may hold an informal conference
to determine if any further action(s) is to be taken.
(m)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.
(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.
(n)An individual, who is a military service member,
or returning from activation to military service, must notify the
commission in writing if the individual wishes to renew an expired
certification. Provided other qualifications for renewal are met,
the individual will have any normally associated late fees waived
and will be required to pay a renewal fee of $75 [$85].
The agency certifies that legal counsel has reviewed
the proposal and found it to be within the state agency's legal
authority
to adopt.
Filed with the Office
of the Secretary of State on February 10, 2016
TRD-201600645 Tim Rutland
Executive Director
Texas Commission on Fire Protection
Earliest possible date of adoption: March 27, 2016
For further information, please call: (512) 936-3812
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