| (a) General requirements. To apply for a license or
registration as required in this chapter, an applicant must submit
a complete and signed application on the form provided by DSHS. DSHS
will not accept an altered application form. A complete application
includes all required documentation and payment of the application
fee by check, money order, or proof of online payment. An applicant
who applies for more than one license or registration must submit
all required documentation with each application.
(b) Processing applications.
(1) Upon receipt of a complete application, DSHS will
issue the following documents within the time periods set forth below,
as applicable:
(A) license or identification (ID) card, or letter
of acceptance:
(i) for a training provider license--90 days; and
(ii) for any other license or registration--45 days;
(B) letter of approval for examination--30 days;
(C) approval of additional training course--90 days;
and
(D) duplicate license or ID card--30 days.
(2) If an application is incomplete, DSHS will issue
a deficiency notice within the time periods set forth below:
(A) for a training provider license--90 days;
(B) for any other license or registration--45 days;
(C) for an examination request--30 days.
(3) If an application remains incomplete after the
deadline provided in the deficiency notice issued under subsection
(b)(2) of this section, DSHS will issue a notice of proposed denial
of license, registration, or examination, as applicable.
(c) Denial. DSHS may deny an application for license
or registration of a person for fraud or misrepresentation or for
failure to meet the standards established by this chapter, as described
in Subchapter Q of this chapter (relating to Compliance). This includes §296.313
of this chapter (relating to Denial, Suspension, or Revocation of
License or Reprimand of Licensee), and as required in §296.315
of this chapter (relating to Suspension of License under Texas Family
Code Chapter 232), or for any reason allowed by law.
(d) Renewal notices. DSHS sends a renewal notice to
the licensee before the license expires. However, a licensee must
renew a license before the license expiration date, even if the licensee
does not receive a renewal notice. The renewal notice includes the
following:
(1) the license type;
(2) the time period allowed for renewal; and
(3) the applicable renewal fee.
(e) Renewal requirements.
(1) A license may not be renewed more than 60 days
before or more than one year after the license expires. An applicant
may renew a license if the applicant:
(A) meets the requirements to renew the license;
(B) pays the required fee;
(C) submits a renewal application along with all required
documentation; and
(D) has complied with all final orders resulting from
any violation of this chapter.
(2) If a licensee submits an incomplete application,
including an application resubmitted in response to a deficiency letter,
and the application is not complete, or the deficiency resolved before
the license expiration date, the license expires on the expiration
date and engaging in activities for which a license is required is
a violation of this chapter. If a licensee submits a complete renewal
application with the required fee and documentation before the license
expires, the current license does not expire until DSHS approves or
denies the application.
(f) Re-application for license. A person whose license
has expired must not engage in activities for which the license is
required. If a license has been expired for more than one year, the
person may not renew the license. The person may obtain a new license
by complying with the requirements and procedures at the time of application
for obtaining an initial license, including the examination requirements.
(g) Application for duplicate license. A licensee may
obtain a duplicate or replacement license by submitting:
(1) an application for a duplicate license;
(2) an unaltered, 2-inch by 2-inch, color photograph
of the face (without tinted glasses, hats, bandanas, or other articles
that may obscure the head or any part of the face) with a white background
taken within the past 12 months and submitted either on photo quality
paper or in digital format; and
(3) the required fee.
(h) Name change. A licensee must submit a name change
application and required fee to change the name currently on record.
DSHS does not charge a separate name change fee if the applicant submits
the name change application with the renewal application. The name
change application must be submitted with a copy of a divorce decree,
marriage certificate, legal name change document, driver's license,
or social security card showing the new name. If the tax identification
number for a company has changed, a new license must be obtained.
(i) Physician's written statement. A copy of DSHS's
Physician's Written Statement form must be submitted with all individual
applications to document that the applicant has received a medical
examination within the past 12 months, in accordance with 29 CFR §1926.1101(m)
(relating to Asbestos) or 40 CFR §763.122 (relating to What does
this subpart require me to do?), whichever is applicable. A current
copy of the individual's Physician's Written Statement form must be
on-site while performing asbestos-related activities.
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