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RULE §295.48Licensure: Asbestos Consultant Agency

(a) Scope: Asbestos consultant agency licenses. A company, employing an individual asbestos consultant and one or more additional asbestos consultants, inspectors, project managers, or air monitor technicians must be licensed as an asbestos consultant agency. Consultant organizations desiring to be licensed as asbestos consultant agencies shall designate one or more individuals licensed as asbestos consultants as their responsible persons, who shall be either principals or employees, and who shall have responsibility for the organization's asbestos activity.

(b) Authorization and conditions. A licensed asbestos consultant agency is specifically authorized to employ asbestos consultants, asbestos project managers, asbestos inspectors and management planners, and air monitoring technicians who are currently licensed under these rules to assist in the conduct and fulfillment of the agency's asbestos consultation activity, as necessary. As a condition of licensure, an asbestos consultant agency must notify the department in writing of the addition or deletion of the designated individual asbestos consultant within 10 days of any changes.

(c) Fee. The fee for a two-year license term is $430.

(d) Applications and renewals. Applications and renewals shall be submitted as required by §295.38 of this title (relating to Licensing and Registration: Applications and Renewals). Out-of-state applicants must comply with §295.39 of this title (relating to Licensing and Registration: Out-of-State Applicants).

(e) Qualifications. Applicants for licensing as an asbestos consultant agency shall submit as applicable:

  (1) professional liability insurance coverage for errors and omissions in the amount of $1 million to cover the asbestos consultants and inspectors in its employ; and

  (2) if the applicant is situated outside the State of Texas, a certificate of authority issued by the Texas Secretary of State, authorizing the corporation to do business in the state.

(f) Responsibilities. A licensed asbestos consultant agency shall be responsible for:

  (1) employing generally accepted principles and practices in designing asbestos abatement projects;

  (2) monitoring and observing asbestos abatement projects for general compliance with the contract documents, specifications, and relevant regulations;

  (3) reviewing asbestos disposal documentation to account for and confirm adequate waste disposal; and

  (4) complying with the responsibilities for the individual license as listed in §295.47(h) of this title (relating to Licensure: Individual Asbestos Consultant).

Source Note: The provisions of this §295.48 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; amended to be effective February 1, 2006, 31 TexReg 400

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