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RULE §295.35Licensing and Registration: Conditions

(a) Licensing requirement. A person must be appropriately licensed or registered in compliance with these sections to engage in asbestos abatement or any asbestos-related activity within the scope of these sections. Individuals not eligible for employment in the United States will not be licensed or registered. Contractors (i.e., electrical, mechanical, plumbing) who will disturb asbestos when installing new utility lines or structures shall be licensed as Operations and Maintenance (O&M) contractors (restricted) as a minimum.

(b) Age requirement. Each individual desiring to be licensed or registered under these sections must be 18 years old prior to submitting an application for such purpose.

(c) Term and expiration. Prior to January 1, 2005, the term of all licenses, including the registration of asbestos workers, is one year and expires on the anniversary of the effective date, unless renewed. The term of license and registration renewals with expiration dates during odd numbered months of 2005 is one year. The term of license and registration renewals with expiration dates during even numbered months of 2005 is two years. The term of all new licenses and registrations with issue dates of January 1, 2005, or after, is two years. A license holder is in violation of these sections if the holder allows qualifications for that license (such as accreditations, physical or insurance requirements) to expire and practices with that license.

(d) Provision for change. The terms and conditions of all licenses or registration shall be subject at any time to revision, amendment, or modification by rules or orders issued by the Texas Department of Health.

(e) Condition of issuance. No license or registration issued under these sections may be sold, assigned, or transferred. Individual licenses (Identification (ID) Card issued by the department) must be present at the work site any time the individual is engaged in asbestos activities. ID Cards issued by the department are the property of the individual until they expire or are revoked by the department. Any cards which have been altered may be revoked.

(f) Responsibilities of licensees. Licensees who become aware of violations of these sections must report these violations within 24 hours to the department if the violations are not immediately corrected by the responsible party. A notice of violation reporting procedure developed by the department shall be posted at the entrance to the regulated area in accordance with §295.58(j) of this title (Relating to Operations: General Requirements).

(g) License application. Each license application must be complete. Documentation submitted for an application will be considered for that application only, regardless of any other applications submitted at the same time. All blanks on the application form are required to be completely filled in or the application will be deficient for lack of information.

(h) Penalties. Penalties for fraudulent applications for licenses, attempting to bribe, or threatening a state employee are as follows. It is a violation of criminal law to alter documents for the purpose of obtaining an asbestos license, to submit a fraudulent application for such a license, or to alter original documents in order to qualify for asbestos activities. It is also a violation to attempt to bribe a state employee to issue a license, to disregard an illegal activity, or to threaten an employee. The foregoing may be a second degree felony with a maximum penalty of 20 years in prison and a $10,000 fine for each violation. Notices of violation and citations, state or federal, become a part of the licensing records for the individuals involved and must be reported with subsequent license applications.

(i) Examination. Each applicant for an individual license must take and pass an accreditation examination in accordance with §295.41 of this title (relating to Licensure: State Licensing Examination) administered by the department in the category for which an individual wishes to be licensed. For further information regarding the testing requirements, refer to §295.41 of this title.

(j) Responsible person. The individual that is designated by the licensed Asbestos Abatement Contractor, Asbestos Operations and Maintenance Contractor, Asbestos Laboratory, Asbestos Consultant Agency, or Asbestos Management Planner Agency, as responsible for their operations and compliance with rules, shall not be the responsible person for another licensee with the same category of license.

(k) TexasOnline fees. The department is authorized to collect subscription and convenience fees, in amounts determined by the TexasOnline Authority, to recover costs associated with processing license or registration applications specified under this subchapter through TexasOnline, in accordance with the Texas Government Code, Chapter 2054, §2054.111 (relating to Use of TexasOnline Project).

Source Note: The provisions of this §295.35 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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