| (a) Persons who are licensed, registered, or accredited
under this chapter shall, as applicable:
(1) adhere to the code of ethics prescribed by §78.72;
(2) comply with work practices and procedures of this
chapter;
(3) present to the department or the department's representative
upon request any identification card, credential, or certificate issued
by the department or the department's representative or designee;
(4) comply with the requirements of §1958.155
of the Act (relating to Conflict of Interest; Disclosure Required);
(5) maintain insurance coverage required under §78.40
while engaging in mold-related activities regulated under this chapter;
(6) comply with the recordkeeping responsibilities
under §78.74;
(7) cooperate with department personnel and representatives
or designees of the department in the discharge of their official
duties, as described in §78.85; and
(8) notify the department of the following changes
no later than the indicated time period after such changes occur,
on a department-approved form in a manner specified by the department:
(A) withdrawal of licensed mold remediation contractor
or licensed mold remediation company from association with a mold
remediation project- five calendar days.
(B) addition of licensed mold remediation company to
association with a mold remediation project- one calendar day.
(C) change in mailing address or telephone number-
30 calendar days.
(D) change of persons who have an ownership interest
of 10% or more in a person licensed or accredited under this chapter,
including additions to or deletions from any list of such persons
previously supplied to the department and any changes in the names,
addresses, or occupations of any persons on such a list- 30 calendar
days.
(E) addition or deletion of a responsible person- 30
calendar days.
(b) All individuals who are required to be licensed
or registered under this chapter must have a valid department-issued
identification card, credential, or certificate, as applicable, present
at the worksite when engaged in mold-related activities.
(c) The licensee overseeing mold-related activities,
with the exception of activities performed by a mold analysis laboratory,
must ensure that a client and the property owner (or the property
owner's designee), if not the same, are provided a copy of the department
Consumer Mold Information Sheet (CMIS).
(1) The licensee shall provide the CMIS on the earlier
of:
(A) the first contact with the client, potential client,
or property owner or designee of the property owner, or
(B) at least one calendar day before the initiation
of any mold-related activity.
(2) In an emergency as described in §78.110(e),
the licensee shall ensure that the Consumer Mold Information Sheet
is provided to the client and the property owner (or the property
owner's designee), if not the same, as soon as practicable but not
later than the following calendar day after the licensee identifies
the emergency.
(d) Credentialed persons are responsible for determining
whether the mold-related activities in which they will engage require
additional credentials beyond those required under this chapter.
(e) No person shall sell, assign, or transfer a credential,
identification card, certificate, or approval issued under this chapter.
A person shall obtain a new credential or approval after the transfer
of a person that is not an individual before activities requiring
a credential or approval under this chapter may be conducted.
(f) The individual that is designated by a licensed
mold assessment company or mold remediation company as its responsible
person shall not be the responsible person for another licensee with
the same category of license.
(g) Consumer complaint information.
(1) A licensed or accredited person shall notify each
client of the department's name, web address, mailing address, and
telephone number for the purpose of directing complaints to the department.
(2) The information shall be displayed on written documents
provided by the credentialed person to a client, property owner, or
third party, including mold assessment reports and protocols, mold
remediation work plans, bids, estimates, contracts, bills for service,
and information brochures.
(h) Office requirement. A person licensed under this
chapter must maintain an office in Texas. An individual employed by
a person licensed under this chapter is considered to maintain an
office in Texas through that employer.
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