(a)A $35.00 [$25] non-refundable annual renewal fee 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 [ commission] may collect only one $35.00 [$25] renewal fee, which will renew all certificates held by the individual or certified training facility. (b) - (c)(No change.) (d)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 (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 [which] he or she continues to qualify, will be renewed. (e) - (f)(No change.) (g)All certification renewal fees must be returned with the renewal statement to the Commission [commission]. (h)(No change.) (i)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 [Individual] certificate holders is May 1 to April 30. (j) - (k)(No change.) (l)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 non-refundable $17.50 [$10] late fee in addition to the renewal fee for each individual for which a renewal fee was due. (m)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 non-refundable $35.00 [$20] late fee in addition to the renewal fee for each individual for which a renewal fee was due. (n)In addition to any non-refundable late fee(s) assessed for certification renewal, the Commission [commission] may hold an informal conference to determine if any further action(s) is [are] to be taken. (o)An individual or entity may petition the Commission [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 [commission] renewal requirements and that failure to comply was due to circumstances beyond the control of the applicant. (2)(No change.) (p)An individual, upon returning from activation to military service, whose certification has expired, must notify the Commission [commission] in writing. The individual will have any normally associated late fees waived and will be required to pay a $35.00 [$25] renewal fee.
This agency hereby certifies that the proposal
has been reviewed by legal counsel and found to be within the agency's
legal authority to adopt.
Filed with the Office
of the Secretary of State on May 12, 2009
TRD-200901888 Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Earliest possible date of adoption: June 28,
2009
For further information, please call: (512) 936-3838
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