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RULE §140.415Issuing Licenses

(a) Absent action by the department against the applicant under §140.426 of this title (relating to Disciplinary Actions), the department will issue the applicable form of license under this subchapter when the applicant has met all requirements and paid all required fees for the license.

(b) All licensees under this subchapter shall keep current versions of the certificate of licensure and the department's public complaint notice containing the current name, mailing address, and telephone number for the department, and a statement that a complaint against a licensee under this subchapter may be directed to the department, prominently displayed in their place of business. LCDCs may apply an adhesive label issued by the Texas Certification Board of Addiction Professionals with the designation and expiration date of any other related certification held by the license holder that is approved by the International Certification and Reciprocity Consortium or another person approved by the department.

(c) A licensee shall not duplicate a licensure certificate to obtain a second copy of the license. A licensee may obtain an official duplicate certificate from the department by submitting a written request and the fee specified in §140.403 of this title (relating to Fees).

(d) The department will replace a lost or damaged certificate if the licensee provides:

  (1) the remnants of the original licensure certificate (if damaged);

  (2) the original licensure certificate and copy of legal documents (for a name change);

  (3) the original licensure certificate (for printing error); or

  (4) a notarized statement if the licensure certificate has been lost, stolen, or destroyed.

(e) A license replaced because of a printing error or mail damage will be replaced without cost, but all other replacements of licensure certificates require a fee, as specified in §140.403 of this title.

(f) LCDCs and CCSs shall notify the department in writing within 30 days of a change in name, address, or telephone number.

(g) The licensee shall return the original licensure certificate if it is relinquished, suspended, revoked, or voluntarily surrendered.

(h) All licensees shall remain knowledgeable of and abide by applicable statutes and rules and their amendments.

(i) A licensee may at any time voluntarily offer to relinquish his or her license for any reason, without compulsion.

  (1) The original licensure certificate may be delivered to the department by hand or postal delivery.

  (2) If there is no complaint pending against the licensee, the department may accept the relinquishment and void the applicable license.

  (3) If a complaint is pending, the procedures for acceptance of a license surrender are set out in §140.429 of this title (relating to Voluntary Surrender of License, Certification, or Registration In Response to a Complaint).

  (4) A license that has been surrendered and accepted may not be reinstated. However, a person may apply for a new license in accordance with the Act and this subchapter.

Source Note: The provisions of this §140.415 adopted to be effective September 9, 2008, 33 TexReg 7520; amended to be effective August 9, 2012, 37 TexReg 5788

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