| (a) The licensee must:
(1) if affiliated with an air conditioning and refrigeration
contracting company, assign the license to one company or one permanent
office of the company that will use the license;
(2) if affiliated with an air conditioning and refrigeration
contracting company, be an employee or owner of the air conditioning
and refrigeration contracting company and must work full time at the
company or permanent office of the company;
(3) use the license for one business affiliation and
one permanent office at any one given time;
(4) furnish the department with the licensee's permanent
mailing address and the name, physical address, and telephone number
of the air conditioning and refrigeration contracting company through
which the licensee provides services;
(5) verify that all work for which the licensee has
supervisory responsibility is performed so that mechanical integrity
of installed products, system or equipment is maintained, and that
all maintenance, service, and repair work has been done properly;
(6) if affiliated with an air conditioning and refrigeration
contracting company, furnish to municipalities a list of authorized
agents that may pull permits under the license, and, if subcontracting
jobs to other licensed air conditioning and refrigeration contracting
companies, furnish a list of agents of those licensed companies that
may pull permits under the license;
(7) provide proper installation and service, and assure
the mechanical integrity of work and installations performed or supervised
by the licensee;
(8) not misrepresent the need for services, services
to be provided, or services that have been provided;
(9) not make a fraudulent promise or false statement
to influence, persuade, or induce an individual or a company to contract
for services;
(10) not knowingly provide air conditioning and refrigeration
work for or on behalf of an unlicensed air conditioning and refrigeration
contracting company, or a contracting company that does not have an
affiliation with a licensed individual who supervises all air conditioning
and refrigeration work as provided by Occupations Code, Chapter 1302,
and this chapter;
(11) only use licensed contractors, registered technicians,
certified technicians, or students meeting the requirements of §75.30(a)(6)
to perform maintenance work;
(12) at all times provide in-person supervision, either
directly or via a certified technician, to a person who is younger
than 18 years of age and acting or offering to act on behalf of the
licensee as an air conditioning and refrigeration technician; and
(13) upon request from the applicant or the department,
verify information within the licensee's knowledge regarding the practical
experience of an applicant claiming to have worked under the supervision
of the licensee on a form designated by the department. The licensee
must provide information requested by the department within fifteen
(15) calendar days of the request. The verified information must include,
but is not limited to:
(A) Dates during which the licensee supervised the
applicant;
(B) A brief description of the work performed by the
applicant; and
(C) The name of the business under which the applicant's
work was performed.
(b) A licensee may subcontract portions of work requiring
a license under the Act to unlicensed persons, firms, or corporations
as long as:
(1) the licensee actively provides work or service
which requires a license, either in person or with the licensee's
employees;
(2) the work or service provided in person or with
the licensee's employees consists of more than accepting a contract
or request for service, scheduling the work, and providing supervision
of the work; and
(3) the licensee is ultimately responsible to the customer
for all work performed by the subcontractor.
(c) The design of a system may not be subcontracted
to an unlicensed person, firm or corporation.
(d) A licensee who subcontracts to perform work requiring
a license under the Act for an air conditioning and refrigeration
contracting company is responsible to the company and the department
for the mechanical integrity of all work performed by the subcontractor.
(e) The licensee is responsible for all work performed
under the licensee's supervision, regardless of whether the owners,
officers, or managers of the air conditioning and refrigeration contracting
company allow the licensee the authority to supervise, train, or otherwise
control compliance with the Act.
(f) A licensee may not allow another individual to
use the licensee's license for any purpose.
(g) A licensee may not allow any air conditioning and
refrigeration contracting company with which the licensee has no business
affiliation to use the licensee's license for any purpose, except
as otherwise allowed by this chapter.
(h) A licensee must:
(1) notify the department, in writing, within thirty
(30) calendar days of any change in permanent mailing address, company
location, company telephone number or change in assignment of license;
and
(2) provide a revised insurance certificate to the
department within thirty (30) calendar days of a change in the name
of the company to which the license is assigned.
(i) Failure to maintain insurance or failure to provide
a certificate of insurance when requested is grounds for imposition
of administrative penalties and/or sanctions.
(j) Altering a license in any way is prohibited and
is grounds for imposition of administrative penalties and/or sanctions.
|
| Source Note: The provisions of this §75.70 adopted to be effective July 21, 1999, 24 TexReg 5469; amended to be effective March 7, 2001, 26 TexReg 1833; amended to be effective March 27, 2002, 27 TexReg 2225; amended to be effective December 1, 2003, 28 TexReg 10465; amended to be effective September 1, 2004, 29 TexReg 8282; amended to be effective August 1, 2006, 31 TexReg 5944; amended to be effective April 1, 2011, 36 TexReg 1975; amended to be effective May 15, 2017, 42 TexReg 2337; amended to be effective May 1, 2018, 43 TexReg 2401; amended to be effective September 1, 2024, 49 TexReg 6449 |
