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TITLE 25HEALTH SERVICES
PART 1DEPARTMENT OF STATE HEALTH SERVICES
CHAPTER 295OCCUPATIONAL HEALTH
SUBCHAPTER ITEXAS ENVIRONMENTAL LEAD REDUCTION
RULE §295.205Certification: Applications, Denials, and Renewals

responsibility of the certified person or firm to keep the department informed of their current address, or change of address for all certification categories, and to take action to keep their certification current or renew their certification whether or not they have received the notification from the department. Failure by the department to send the timely notice, including any annual fee payment coupon, creates no liability to the department and does not relieve the applicant of the obligation to file a timely renewal application or making a timely annual fee payment. The reminder notice will state:

  (1) the type of certification requiring payment of the annual fee or certification renewal fee;

  (2) the time period allowed for payment of the annual fee or certification renewal fee; and

  (3) the amount of the annual fee or certification renewal fee.

(h) Certification renewal requirements.

  (1) A certification may be renewed for an additional two-year term provided that the person:

    (A) is qualified to be certified;

    (B) pays to the department the proper certification renewal fee;

    (C) submits to the department a complete certification renewal application on the prescribed form along with all required documentation;

    (D) successfully completes the requirements for certification renewal;

    (E) has complied with all final orders resulting from any violations of these sections; and

    (F) submits a copy of the refresher training course certificate(s), if required.

  (2) Expired certifications. A person whose certification has been expired for:

    (A) 90 days or less may renew the certification by paying to the department a renewal fee that is equal to 1-1/2 times the normally required renewal fee;

    (B) more than 90 days but less than one year may renew the certification by paying to the department a renewal fee that is two times the normally required renewal fee;

    (C) one year or more may not renew their certification. The person may become re-certified by complying with the current requirements and procedures, including any examination requirements, for an original certification.

  (3) Renewal by out-of-state practitioner. A person who was certified in this state, moved to another state, and is currently certified and has been in practice in the other state for the two years preceding the date of application, may obtain a new certification without any applicable reexamination. The person must pay to the department a fee that is equal to two times the normally required renewal fee for the certification.

(i) Prohibition. Practicing with an expired certification is prohibited. If a certification holder makes a timely and sufficient application for the renewal of the certification by the expiration date, the current certification in his/her possession does not expire until the application has been finally approved or denied by the department. Certifications which have been expired for a period of one year or more beyond the expiration date cannot be renewed. The person or firm whose certification has been expired for one year or more may become re-certified by complying with the current requirements and procedures, including any examination requirements, for an original certification.

(j) Replacements. A certified person or firm may obtain a replacement certificate and/or identification (ID) card by submitting such request in writing on a department-issued form along with the reissuance fee of $20 for each official document requested.

(k) Retention of control. The department may, at any time after the filing of any application and before the expiration of any certification, require:

  (1) additional written information and assurances; and

  (2) cooperation with any inspections initiated by the department, or the production of any documentary or other evidence that the department considers necessary to determine whether the certification should be granted, delayed, denied, modified, suspended or revoked.

(l) Change of name, address, telephone number, business name, organization affiliation, and/or firm's owner or authorized agent. The Texas Department of Health (department) must be notified in writing by the certified person or firm of these changes from that person's or firm's original application for certification on file at the department no later than 60 days after that change. Failure to maintain current information on file with the department may result in the suspension of the certification.

(m) TexasOnline. The department is authorized to collect subscription and convenience fees, in amounts determined by the TexasOnline Authority, to recover costs associated with processing certification applications, examination registrations, and replacement applications through TexasOnline, in accordance with the Texas Government Code, §2054.111 (relating to Use of TexasOnline Project).


Source Note: The provisions of this §295.205 adopted to be effective February 19, 1996, 21 TexReg 968; amended to be effective May 10, 1998, 23 TexReg 4280; amended to be effective March 23, 2003, 28 TexReg 2347; amended to be effective January 1, 2005, 29 TexReg 11987

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