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RULE §295.41Licensure: State Licensing Examination

(a) General. The Texas Department of Health (department) shall administer an examination to individuals seeking a license and who have successfully completed the required training from a training provider licensed or approved by the department. A copy of the training certificate shall be submitted with the application. All individuals, except workers, seeking a license in a specific category shall pass the examination for that category. For example, an individual seeking a license as an asbestos inspector must pass the department's inspector accreditation examination. Individuals receiving their training from training providers outside of Texas must complete the approved three-hour Texas law course prior to applying for the accreditation exam.

(b) Testing requirements. Beginning January 1, 1999, an applicant for a license will be required to pass a state examination to qualify for the original license. The application for the examination and the required fee may be included with the initial license application form or the applicant may register for the exam before applying for the license. Examinations shall be based upon the requirements for the license category for which an individual is applying. The examination will cover the topics included in the training course for that license category. Out-of-state applicants must take the test for their respective category following completion of the required three-hour course in Texas law. Misconduct or dishonesty during the examination, or an individual taking the examination other than the individual scheduled, will constitute grounds for the issuance of a failing grade and revocation or denial of a license.

(c) Fees. There will be an examination fee of $25 for the initial test or for any re-examination at department administered test locations. A fee of $50 shall be paid for examinations to be administered by the department at locations and times other than the published schedule. A request to the department must be submitted in sufficient time to permit scheduling and administration of the examination. Fees must be paid to the department prior to the taking of the examination. The required fee may not be paid at the examination location, but must be mailed to the department.

(d) Scheduling and registration. Annually, a schedule of examination dates and locations will be published by the department, listing the schedule for the monthly testing. Each month, make-up examinations will be available in Austin, Texas at a location and time specified in the published schedule. Registration must be submitted by mail or phone and must be received by the department no later than five days prior to the desired test date. Walk-ins will be tested at any time at Department of Health regional offices listed in the examination schedule. Examinees will be required to call for an appointment to ensure availability of the examination and persons to administer it. Entrance into the test site will be allowed only upon presentation of a valid photo ID card from a training provider. Schedules will be provided by the training providers as a part of their instruction. Assistance is available by calling the department's asbestos training section. Companies with 30 or more individuals to be tested may call the department to arrange an additional examination date.

(e) Grading and reporting of examination scores. A grade of 70% must be achieved in order to pass the examination. Scores will be reported only by mail no later than 30 working days after the date the test is taken; the notification will, if appropriate, contain information regarding re-examination.

(f) Re-examination. An individual may take only two re-examinations after failing the initial examination. Following the third failure, the applicant must repeat the initial training course required for the license for which he/she is applying, submit a new application for the department test, and provide a copy of the training certificate for the additional training. Re-examination questions will be different from the initial examination.

(g) Request for information concerning exam. If requested in writing by a person who fails a licensing examination, the department shall furnish the person with an analysis of the person's performance on the examination.

(h) Testing service. If the examination is graded or reviewed by a testing service:

  (1) the department shall notify the person of the results of the examination not later than the 14th day after the date the department receives the results from the testing service;

  (2) if notice of the examination results will be delayed for longer than 90 days after the examination date, the department shall notify the person of the reason for the delay before the 90th day; and

  (3) the department may require a testing service to notify a person of the results of the person's examination.

Source Note: The provisions of this §295.41 adopted 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

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