(a)A non-refundable annual renewal fee of $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 [Commission] may collect only one renewal fee of $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 [ 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 wishes to renew [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)If renewal payment is submitted by mail, all [ All] certification renewal fees must be submitted [ returned] with the renewal invoice [statement] to the commission [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) [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 last day of the certification period [ 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 $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 [ 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 $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 [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 [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)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 [Commission] in writing. The individual will have any normally associated late fees waived and will be required to pay a renewal fee of $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 October 25, 2013
TRD-201304851 Tim Rutland
Interim Executive Director
Texas Commission on Fire Protection
Earliest possible date of adoption: December 8, 2013
For further information, please call: (512) 936-3813
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