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RULE §295.39Licensing and Registration: Out-of-State Applicants and Out-of-State Training
Repealed Date:07/08/2021

(a) Terms of reciprocity. Persons may enter the state for purposes of asbestos abatement or other asbestos-related activity under the Texas Asbestos Health Protection Act (Act) provided they are licensed according to the terms of these sections prior to soliciting business or commencing such activities.

(b) Applicant status. All persons residing in other states, applying for any category of license, must comply with all licensing requirements which would be imposed on a Texas resident.

(c) Acceptance of qualifying documents. Out-of-state education, experience, training, and physical examinations can be accepted for the purpose of qualifying for Texas licenses provided that they are valid and are verifiable by the department. The burden of proof in such matters is the responsibility of the applicant; the department must reject unverifiable documentation.

(d) Compulsory training. All out-of-state licensees and registrants or Texas resident applicants who have received all of their training out-of-state must complete a minimum of three hours training given by a department licensed training provider on Texas law and regulations concerning asbestos prior to applying for licenses or commencement of any asbestos-related activity. The Texas law course must be completed within 60 days prior to applying for a department license. Licensee organizations must have at least one officer complete this training.

(e) Required documents. To conduct business in Texas, an out-of-state corporation or other business entity must:

  (1) submit a letter or certificate from the Texas secretary of state authorizing the conduct of business in this state;

  (2) submit a sales tax account identification number obtained from the Texas Comptroller of Public Accounts;

  (3) submit a certificate of insurance for liability coverage written by a Texas-approved carrier if the applicant is an asbestos abatement contractor, asbestos consultant, asbestos inspector, asbestos laboratory, or asbestos transporter performing work for hire as required by §295.40 of this title (relating to Licensing and Registration: Insurance Requirements); and

  (4) provide proof of workers' compensation insurance issued by a company authorized and licensed to issue workers' compensation insurance in this state and written in this state on the Texas form, or evidence of self-insurance, if workers' compensation insurance is required by contract specifications or owner; see §295.34(b)(4) of this title (relating to Asbestos Management in Facilities and Public Buildings).

(f) Exemption. An out of state corporation that engages only in interstate commerce and has no documentation described in subsection (e)(1) of this section may qualify as not transacting business in Texas under §8.01 of the Business Corporation Act and may request an exemption from the requirements of subsection (e)(1) - (2) of this section if the corporation submits a sworn affidavit from a corporate officer claiming the exemption.

(g) Provisional License and Registration. A person may request a provisional license for an asbestos inspector, individual asbestos management planner, asbestos abatement supervisor, or asbestos abatement worker registration.

  (1) A provisional license or registration is valid until the date the department approves or denies the provisional license or registration holder's application for licensing or registration, or 180 days after the date the provisional license or registration is issued, whichever comes first.

  (2) Non-refundable provisional license or registration fees are as follows:

    (A) asbestos abatement worker--$30;

    (B) asbestos inspector--$60;

    (C) individual asbestos management planner--$120; and

    (D) asbestos abatement supervisor--$300.

  (3) A person may receive a provisional license issued by the department if the following criteria are met:

    (A) the person requesting the provisional license or registration has been licensed or registered in good standing in that discipline for at least two years in another state, including a foreign country, that has licensing or registration requirements substantially equivalent to the requirements of these rules;

    (B) for the following licenses, the person requesting the provisional license has passed a national or other examination recognized by the department relating to the provisional license requested:

      (i) asbestos abatement worker;

      (ii) asbestos inspector;

      (iii) individual asbestos management planner; and

      (iv) asbestos abatement supervisor; and

    (C) the person requesting the provisional license or registration is sponsored by a company that meets the insurance requirements of §295.40 of this title (related to Licensing and Registration: Insurance Requirements), with whom the provisional license or registration holder will practice during the time the person holds a provisional license or registration. The department may waive the requirement of sponsorship for an applicant if the department determines that compliance with that subsection would be a hardship to the applicant.

(h) Formerly licensed in Texas. A person who was licensed by the department, moved to another state, and is currently licensed and has been in practice in the other state for the two years preceding the date of application may obtain a new license without reexamination. The person must pay to the department a fee that is equal to two times the normally required renewal fee for the license term. The person must meet the standards prescribed in the applicable licensing section.

Source Note: The provisions of this §295.39 adopted to be effective October 20, 1992, 17 TexReg 6901; amended to be effective September 22, 1994, 19 TexReg 7098; amended to be effective December 13, 1998, 23 TexReg 12353; amended to be effective March 27, 2003, 28 TexReg 2549; amended to be effective January 1, 2005, 29 TexReg 11987

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