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RULE §295.215Reciprocity

(a) Terms of reciprocity. A person who is certified or licensed in good standing to perform lead-based paint activities in target housing and child-occupied facilities in another state may obtain reciprocal certification in the same discipline provided they are certified according to the terms of these sections prior to commencing such activities.

  (1) An applicant seeking reciprocal certification shall submit a complete reciprocal application on a department-issued form with the appropriate fee.

  (2) An applicant seeking reciprocal certification shall sign a statement that the applicant has read and understands the Texas Environmental Lead Reduction Rules (§§295.201 - 295.220 of this title) and agrees to follow the standards for conducting lead-based paint activities set out in §§295.212 and 295.213 of this title (relating to Standards for Conducting Lead-Based Paint Activities and Lead-Based Paint Activities Requirements).

(b) Applicant status. All persons residing in other states, applying for any category of certification, must comply with all certification requirements which would be imposed on a Texas resident.

(c) Acceptance of qualifying documents. Out-of-state certifications or licenses can be accepted for the purpose of qualifying for Texas certification provided that they are valid and are verifiable by the department. The certification or license from another state must be from a state which has received United States Environmental Protection Agency (EPA) authorization to administer and enforce a state certification and training program under Title IV of the Toxic Substances Control Act (TSCA) or be from a state whose certification and training program is operated by EPA. The burden of proof in such matters is the responsibility of the applicant; the department must reject unverifiable documentation.

Source Note: The provisions of this §295.215 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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