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RULE §295.38Licensing and Registration: Applications and Renewals

(a) General requirements. Applications for a license or worker registration under these sections must be made on forms provided by the Texas Department of Health (department), shall be signed by the applicant, and must be accompanied by a check or money order for the amount of the license or renewal fee. Only applications which are complete shall be considered by the department.

(b) Inquiries. Potential applicants who wish to discuss or obtain information concerning qualification requirements may call the department's Asbestos Programs Branch at (512) 834-6610 or (800) 572-5548.

(c) Denials. The department may deny an application for licensing to those who fail to meet the standards established by these rules, including, but not limited to the provisions of §295.69(c) of this title (relating to Compliance: Reprimand, Suspension, Revocation, Probation).

(d) Penalties. In accordance with §§295.69 - 295.70 of this title, penalties such as suspension, revocation or an administrative penalty may be assessed for fraud or misrepresentation in obtaining, attempting to obtain, or renewing a license or registration.

(e) Processing applications and renewals.

  (1) Time periods. Applications for licensure shall be processed in accordance with the following time periods: the time from the receipt of a written application to the date of issuance by the department of a written notice of deficiency outlining the reasons why the application is deficient is 30 days; failure of the applicant to submit the required information and/or documentation within 90 days of issuance of a written notice of deficiency from the department will result in the application being denied; and the license will be issued within 60 days of the department receiving all necessary information and documents from the applicant.

  (2) Reimbursement of fees. Initial application or renewal fees will be refunded only if the department does not process a completed application in the time period specified in paragraph (1) of this subsection, if fee amounts are paid in excess of the correct fee amount, or if there is a double payment. Otherwise, fees for applications and renewals are not eligible for refund. A $30 administrative fee may be deducted from refunds for double payments or excess fees.

  (3) Appeal. If the request for full reimbursement authorized by this section is denied, the applicant may then appeal to the commissioner of health for a resolution of the dispute. The applicant shall give written notice to the commissioner by writing to the administrator, asbestos licensing program, the designated representative of the commissioner, requesting full reimbursement of all filing fees paid because his/her application was not processed within the adopted time period. The program administrator shall submit a written report of the facts related to the processing of the application and good cause for exceeding the established time periods. The commissioner will determine the final action and provide written notification of his/her decision to the applicant and the program administrator.

  (4) Contested case hearing. If at any time during the processing of the application, a contested case proceeding arises, a hearing may be requested in writing by the applicant within 30 days of the date on the letter from the department denying the registration or license. The hearing will be conducted in accordance with the Administrative Procedures Act, Texas Government Code Chapter 2001, and the department's formal hearing rules in Chapter 1 of this title (related to the Board of Health).

  (5) Late fees. Those persons renewing a license or registration are subject to the following fees and conditions.

    (A) A person whose license has been expired for 90 days or less may renew the license by meeting all qualifications to renew the license, and paying to the department a renewal fee of 1-1/2 times the fee for that license for the renewal term determined in accordance with §295.35(c) of this title (relating to Licensing and Registration: Conditions).

    (B) A person whose license has been expired for more than 90 days but less than one year may renew the license by meeting all qualifications to renew the license, and paying to the department a renewal fee of 2 times the fee for the renewal term determined in accordance with §295.35(c).

(f) Renewal notices. At least 30 days before a license expires the department, as a service to the licensee, shall send a renewal notice to the licensee or registrant, by first-class mail to the last known address of the licensee. It remains the responsibility of the licensee to keep the department informed of their current address, or change of address for all license categories, and to take action to renew their certificate whether or not they have received the notification from the department. The renewal notice will state:

  (1) the type of license requiring renewal;

  (2) the time period allowed for renewal; and

  (3) the amount of the renewal fee.

(g) Renewal requirements. No sooner than 60 days before the license or registration expires, it may be renewed for an additional term providing that the licensee or worker:

  (1) is qualified to be licensed or registered;

  (2) pays to the department the proper amount of the nonrefundable renewal fee;

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

  (4) completes successfully the requirements for renewal and examination, if required;

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

  (6) submits the required current training certificates.

(h) Prohibition. To practice with lapsed licenses and registrations is prohibited. A person whose license has been expired for one year or more may not renew the license. The person may obtain a new license by complying with the requirements and procedures, including the examination requirements, for obtaining an original license. If a license holder makes a timely and sufficient application for the renewal of a license, the current license in his/her possession does not expire until the application has been finally granted or denied by the department.

(i) Replacements. A licensee or registrant may obtain a replacement certificate by submitting such request in writing along with the reissuance fee of $20.

(j) Retention of control. The department may, at any time after the filing of any application and before the expiration of any license or registration, 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 license or registration should be granted, delayed, denied, modified, suspended, or revoked.

(k) Provisional Licenses. A holder of a provisional license issued in accordance with §295.39(g) of this title (relating to Licensing and Registration: Out-of-State Applicants and Out-of-State Training) can apply for a license or registration if the applicant has completed a minimum of three hours training given by a department-licensed training provider covering Texas law and regulations as indicated in §295.39(d) of this title, paid the appropriate licensing fee in addition to the non-refundable fee listed in paragraphs (1) - (4) of this section for a provisional license, and met the following requirements:

  (1) asbestos abatement worker. Qualifications as stated in §295.42(e) of this title (relating to Registration: Asbestos Abatement Workers) and provisional fee payment of $30;

  (2) asbestos inspector. Qualifications as stated in §295.50(d) of this title (relating to Licensure: Asbestos Inspector) and provisional fee payment of $60;

  (3) individual asbestos management planner. Qualifications as stated in §295.51(e) of this title (relating to Licensure: Asbestos Management Planner) and provisional fee payment of $120; or

  (4) asbestos abatement supervisor. Qualifications as stated in §295.46(d) of this title (relating to Licensure: Asbestos Abatement Supervisor) and provisional fee payment of $300.

Source Note: The provisions of this §295.38 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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