(a)The annual renewal fee shall be $20 and 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 $20 renewal fee which will renew all certificates held by the individual or certified training facility. (b)Renewal fees shall not be combined with other fees, such as certification fees, fees for commission manuals, fees for Commission Certification Curriculum Manuals, and copying fees. (c)A regulated [The] employing entity shall pay the renewal fee for all certificates which a person must possess as a condition of employment. (d)If a person re-enters the fire service whose certificate(s) has been expired for less than one year, the regulated employing entity must: (1)within 14 days of employment notify the commission that the individual has been employed, and (2)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. (e)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 (c) 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 which he or she continues to qualify, will be renewed. (f)[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. (g)[f] Certification renewal statements [notices] will be mailed to all regulated employing entities at least 60 days prior to October 31 of each calendar year. Certification renewal statements will be mailed to certified training facilities at least 60 days prior to February 1 of each calendar year. Certification renewal statements will be mailed to individuals holding certification at least 60 days prior to April 30 of each calendar year. (h)[(g)] All certification renewal fees must be returned with the renewal statement [notice] to the commission. (i)[(h)] All certification renewal fees must be paid on or before the renewal date posted on the certification renewal statement [notice] to avoid additional fee(s) [penalty]. [(i)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 $10 penalty in addition to the renewal fee for each individual for which a renewal fee was due.] [(j)All certification renewal fees received more than 30 days after the renewal date posted on the renewal notice will cause the entity responsible for payment to be assessed a $20 penalty in addition to the renewal fee for each individual for which a renewal fee was due.] [(k)At the discretion of the commission, an informal conference may be held to determine what action should be taken, if any, in addition to the penalty assessed for certification renewal fees received after the due date.] (j)[(l)] The certification period shall be a period not to exceed one [from November 1 through October 31 of each calendar] 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 certificate holders is May 1 to April 30. [(m)An individual certificate holder not employed by a fire department must notify the commission of his or her home address within 14 calendar days of a change of address.] (k)Individual certificate holders that possess a certification that expires on October 31 will receive a renewal statement during the regulated employing entities renewal cycle for a six month renewal period to align that individual to the individual holding certification renewal cycle as defined in subsection (j) of this section. (l)A regulated employing entity that hires an individual holding certification that is current and has a renewal expiration date of April 30 will receive a renewal statement during the individual holding certification renewal cycle to align the renewal period as defined in subsection (j) of this section. (m)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 $10 late fee in addition to the renewal fee for each individual for which a renewal fee was due. (n)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 $20 late fee in addition to the renewal fee for each individual for which a renewal fee was due. (o)In addition to late fee(s) assessed for certification renewal, the commission may hold an informal conference to determine, if any, further action(s) are to be taken. (p)[(n)] 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.
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 October 16, 2000
TRD-200007203 T.R. Thompson
General Counsel
Texas Commission on Fire Protection
Earliest possible date of adoption: November 26, 2000
For further information, please call: (512) 239-4921
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