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RULE §30.26Recognition of Licenses from Out-of-State; Licenses for Military Service Members, Military Veterans, or Military Spouses

(a) Except for landscape irrigators the executive director may waive qualifications, training, or examination for individuals with a good compliance history who hold a current license from another state, territory, or country if that state, territory, or country has requirements equivalent to those in this chapter.

(b) A license may be issued after review and approval of the application, receipt of the appropriate fee, and verification of the license from the corresponding state, territory, or country.

(c) The executive director may waive any of the prerequisites for obtaining a landscape irrigator license, if the applicant is licensed as an irrigator in another jurisdiction that has a reciprocity agreement with the State of Texas.

(d) The executive director may require the applicant to provide information about other occupational licenses and registrations held by the person, including:

  (1) the state in which the other license or registration was issued;

  (2) the current status of the other license or registration; and

  (3) whether the other license or registration was ever denied, suspended, revoked, surrendered, or withdrawn.

(e) To maintain a license that was issued on the basis of reciprocity, applicants must comply with the renewal requirements of this subchapter. Reciprocity will not be granted for the issuance of lower level licenses of the same type as the one that was initially issued on the basis of reciprocity.

(f) Military Service Members, Military Veterans, or Military Spouses.

  (1) The executive director shall issue a license to an applicant who is a military service member, military veteran, or military spouse and:

    (A) holds a current license issued by another jurisdiction that has licensing requirements that are substantially equivalent to the requirements for the license; or

    (B) within the five years preceding the application date held the license in this state.

  (2) A license issued under this subsection shall be valid for the term specified in §30.18(i) of this title (relating to Applications for an Initial License).

  (3) The executive director shall notify the license holder of the requirements for renewing a license issued under this subsection as specified in §30.24(b)(1) of this title (relating to License and Registration Applications for Renewal).

(g) In lieu of the standard method(s) of demonstrating competency for a particular license, and based on the applicant's circumstances, the alternative methods for demonstrating competency may include, but not be limited to, any combination of the following as determined by the executive director:

  (1) education;

  (2) continuing education;

  (3) examinations (written, practical, or a combination of written and practical);

  (4) letters of good standing;

  (5) letters of recommendation;

  (6) work experience; or

  (7) other methods or options as determined by the executive director.

(h) Military service members or military veterans. The executive director shall credit verified military service, training, or education toward the licensing requirements.

  (1) Verified military service, training, or education shall not be credited toward an examination requirement.

  (2) The executive director may not apply this credit provision to an applicant who:

    (A) holds a restricted license issued by another jurisdiction; or

    (B) has an unacceptable criminal history.

Source Note: The provisions of this §30.26 adopted to be effective December 17, 2001, 26 TexReg 10330; amended to be effective August 30, 2012, 37 TexReg 6607; amended to be effective July 10, 2014, 39 TexReg 5181; amended to be effective September 29, 2016, 41 TexReg 7489

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