(a)A non-refundable annual renewal fee of up to $65
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 up to $65, which will renew all certificates held by the individual
or certified training facility.
(b)A regulated employing entity shall pay the renewal
fee for all certificates which a person must possess 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 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 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)All certification renewal fees must be returned
with the renewal statement to the Commission.
(h)All certification renewal fees must be paid on
or before the renewal date posted on the certification renewal statement
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 renewal date posted on the renewal notice will
cause the individual or entity responsible for payment to be assessed
a non-refundable late fee of up to $32.50 in addition to the renewal
fee for each individual for which a renewal fee was due.
(k)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 late fee of up to $65 in addition to the renewal fee
for each individual 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. 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.
(n)An individual, upon returning from activation to
military service, whose certification has expired, must notify the
Commission in writing. The individual will have any normally associated
late fees waived and will be required to pay a renewal fee of up to
$65.
This agency hereby certifies that the adoption has
been reviewed by legal counsel and found to be a valid exercise of
the agency's legal authority.
Filed with the Office
of the Secretary of State on May 18,
2011
TRD-201101816 Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Effective date: June 7, 2011
Proposal publication date: March 25, 2011
For further information, please call: (512) 936-3813
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