| (a) A residential appliance installation contractor
shall:
(1) notify the department when a new residential appliance
installer of record is assigned to the contractor and notify the department
within thirty business days from the date that the residential appliance
installer's employment with the contractor ended;
(2) maintain employee records of all work performed
on its behalf for a period of four years after completion of the work,
and shall make those records available to the department at the contractor's
place of business during normal business hours for inspection and
copying. If the contractor's principal place of business is located
out of the state of Texas, the department may require the contractor
to make records available to the department at its offices in Austin,
Texas or another location agreed upon by the department and the contractor.
(b) A person or contractor that performs or offers
to perform residential appliance installation work shall:
(1) provide safe and proper installation and service,
and assure the electro-mechanical integrity of all work and installations
are to code;
(2) not misrepresent the need for services, services
to be provided, or services that have been provided;
(3) not make a fraudulent promise or false statement
to influence, persuade, or induce an individual or an entity to contract
for services; and
(4) ensure that all of a residential appliance installation
contractor's non-exempt residential appliance installation work shall
be performed by licensed individuals.
(c) A licensed residential appliance installation contractor
shall display its name and license number on both sides of each vehicle
owned or operated by the business and used in the conduct of residential
appliance installation work. Lettering shall be of a contrasting color
and at least two inches in height. The license number shall be preceded
by the letters "TICL".
(d) All advertising by residential appliance installation
contracting companies designed to solicit residential appliance installation
business shall include the residential appliance installation contractor's
name and license number. This includes business cards. The following
advertising does not require the license number:
(1) nationally placed television advertising, in which
a statement indicating that license numbers are available upon request
is used in lieu of the residential appliance installation contractor
license number;
(2) telephone book listings that contain only the name,
address, and telephone number;
(3) manufacturers' and distributor's telephone book
trade ads identifying a residential appliance installation contractor;
(4) telephone solicitations, provided the solicitor
states that the contractor complies with licensing requirements of
the state. The residential appliance installation contractor's number
must be provided upon request;
(5) promotional items of nominal value such as ball
caps, tee shirts, and other gifts; and
(6) signs located on the contractor's permanent business
location.
(e) The residential appliance installation contractor's
name, address, phone number, and license number shall appear on all
proposals, invoices, and written contracts from the contractor. The
following information: "Regulated by The Texas Department of Licensing
and Regulation, P.O. Box 12157, Austin, Texas 78711, 1-800-803-9202,
512-463-6599; website: www.tdlr.texas.gov" or "Regulated by The Texas
Department of Licensing and Regulation, P.O. Box 12157, Austin, Texas
78711, 1-800-803-9202, 512-463-6599; website: www.tdlr.texas.gov.
TDLR regulation limited to electrical work only." shall be listed
on all proposals, invoices, and written contracts.
(f) A licensed residential appliance installation contractor
and its designated residential appliance installer of record is responsible
for supervision of all licensees performing work on behalf of the
contractor to assure compliance with applicable statutes and rules
and in particular, standards of conduct set out in this chapter.
(g) A residential appliance installation contractor
shall not use a license that is not assigned to that contractor.
|
| Source Note: The provisions of this §73.54 adopted to be effective January 1, 2010, 34 TexReg 9433; amended to be effective March 15, 2012, 37 TexReg 1703; amended to be effective September 1, 2015, 40 TexReg 5147 |
