reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 25 - ENVIRONMENTAL TESTING LABORATORY ACCREDITATION AND CERTIFICATION › Subchapter C - ENVIRONMENTAL TESTING LABORATORY CERTIFICATION › Section 25.54 - Initial Application for Certification

Current through Reg. 49, No. 28; July 12, 2024
(a) An application for certification must be
				  made on a form provided by the executive director. The application must be
				  submitted to the executive director with any documents and records required in
				  the application or requested by the executive director and the fee provided in
				  §
										25.70 of this
				  title (relating to Certification Fees).
(b) The operator of an environmental testing
				  laboratory may request that noncontiguous facilities be certified as a single
				  entity if the facilities operate as a single laboratory under the same:
(1) ownership;
(2) day-to-day management;
(3) day-to-day technical direction;
				  and
(4) quality system, including
				  document management, records management, and test reporting.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 25 - ENVIRONMENTAL TESTING LABORATORY ACCREDITATION AND CERTIFICATION › Subchapter C - ENVIRONMENTAL TESTING LABORATORY CERTIFICATION › Section 25.56 - Term of Certification

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  executive director shall award certification for a period of one year if an
				  environmental testing laboratory's application and operations conform to
				  standards for certification and this chapter.
(b) The executive director may issue an
				  interim certification for up to 12 months to an environmental testing
				  laboratory that meets standards for certification and requirements of this
				  chapter except that an environmental testing laboratory assessment has not been
				  completed because the executive director has been unable to schedule the
				  assessment within six months of receiving a complete application for
				  accreditation.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 25 - ENVIRONMENTAL TESTING LABORATORY ACCREDITATION AND CERTIFICATION › Subchapter C - ENVIRONMENTAL TESTING LABORATORY CERTIFICATION › Section 25.58 - Renewal Applications for Certification

Current through Reg. 49, No. 28; July 12, 2024
(a) The executive director must receive an
				  environmental testing laboratory's application to renew the laboratory's
				  certification along with the applicable fees no later than the date on which
				  the certification expires.
(b) The
				  operator of an environmental testing laboratory that fails to submit an
				  application to its renew certification before the date on which the
				  certification expires must apply for and meet all requirements for a new
				  certification, including an environmental testing laboratory
				  assessment.
(c) Modifications made
				  during the term of a certification to increase the number of an environmental
				  testing laboratory's fields of certification shall be renewed on the
				  certification renewal date, regardless of the date of the
				  modification.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 25 - ENVIRONMENTAL TESTING LABORATORY ACCREDITATION AND CERTIFICATION › Subchapter C - ENVIRONMENTAL TESTING LABORATORY CERTIFICATION › Section 25.60 - Environmental Testing Laboratory Certification Assessments

Current through Reg. 49, No. 28; July 12, 2024
(a) Environmental testing laboratory
				  assessments shall be conducted:
(1) before
				  certification is granted, except as provided in §
											25.56 of
				  this title (relating to Term of Certification); and
(2) at least every three years after an
				  environmental testing laboratory receives certification.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 25 - ENVIRONMENTAL TESTING LABORATORY ACCREDITATION AND CERTIFICATION › Subchapter C - ENVIRONMENTAL TESTING LABORATORY CERTIFICATION › Section 25.62 - Proficiency Test Sample Analyses

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  operator of an environmental testing laboratory applying for initial
				  certification shall ensure that laboratory personnel successfully analyze one
				  proficiency test sample for each requested field of certification. The
				  proficiency test samples shall be analyzed no more than 12 months prior to
				  submitting the application.
(b) The
				  operator of a certified environmental testing laboratory shall ensure that
				  laboratory personnel analyze at least two proficiency test samples each year
				  approximately six months apart. The operator of a certified environmental
				  testing laboratory shall ensure that laboratory personnel successfully analyze
				  one proficiency test sample for each field of certification each year. An
				  environmental testing laboratory that does not meet the requirements of this
				  subsection may participate in a supplemental proficiency test study.
(c) The executive director shall determine
				  the environmental testing laboratory's certification status for all affected
				  fields of certification within 60 days of determining that laboratory personnel
				  failed to analyze proficiency test samples successfully according to this
				  subsection.
(d) Proficiency test
				  samples, if available, shall be purchased from a National Environmental
				  Laboratory Accreditation Program-designated provider or a provider approved by
				  the National Institute of Standards and Technology.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 25 - ENVIRONMENTAL TESTING LABORATORY ACCREDITATION AND CERTIFICATION › Subchapter C - ENVIRONMENTAL TESTING LABORATORY CERTIFICATION › Section 25.64 - Secondary Certification of Out-of-State Environmental Testing Laboratories

Current through Reg. 49, No. 28; July 12, 2024
(a) The executive
				  director shall grant or renew within 30 days of receipt of the application the
				  secondary certification of an environmental testing laboratory located in
				  another state that is certified by the EPA or a state other than Texas if the:
(1) laboratory submits an application to the
				  executive director that conforms to the standards for certification and this
				  chapter;
(2) laboratory's existing
				  certification includes the fields of certification for which the laboratory has
				  applied to the executive director; and
(3) laboratory pays fees assessed under this
				  chapter.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 25 - ENVIRONMENTAL TESTING LABORATORY ACCREDITATION AND CERTIFICATION › Subchapter C - ENVIRONMENTAL TESTING LABORATORY CERTIFICATION › Section 25.66 - Duties and Responsibilities of Certified Laboratories

Current through Reg. 49, No. 28; July 12, 2024
By applying for or accepting certification, the operator of
					 an environmental testing laboratory certifies that information contained in the
					 application is true and correct and agrees to:
(1) provide reasonable access to the
				  executive director to facilities, personnel, documents, records, data,
				  analyses, and operations which the executive director determines are necessary
				  for certification; and
(2) operate
				  the environmental testing laboratory and maintain its certification according
				  to the standards for certification and this chapter.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 25 - ENVIRONMENTAL TESTING LABORATORY ACCREDITATION AND CERTIFICATION › Subchapter C - ENVIRONMENTAL TESTING LABORATORY CERTIFICATION › Section 25.68 - Withdrawal from Certification Program

Current through Reg. 49, No. 28; July 12, 2024
The operator of an environmental testing laboratory may
					 surrender the laboratory's certification, in whole or in part, by notifying the
					 executive director in writing at any time.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 25 - ENVIRONMENTAL TESTING LABORATORY ACCREDITATION AND CERTIFICATION › Subchapter C - ENVIRONMENTAL TESTING LABORATORY CERTIFICATION › Section 25.70 - Certification Fees

Current through Reg. 49, No. 28; July 12, 2024
(a) The executive
				  director shall establish certification fees that cover program costs, including
				  costs associated with application review; initial, routine, and follow-up
				  inspections; and preparation of reports.
(b) The operator of a laboratory seeking
				  primary certification shall pay the following fees:
(1) an administrative fee of $500 per year;
				  and
(2) an annual certification fee
				  based on the categories for which the laboratory is certified.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 25 - ENVIRONMENTAL TESTING LABORATORY ACCREDITATION AND CERTIFICATION › Subchapter C - ENVIRONMENTAL TESTING LABORATORY CERTIFICATION › Section 25.74 - Denial of Certification Application

Current through Reg. 49, No. 28; July 12, 2024
(a) Insufficiency. The executive director may
				  deny an initial or renewal application for environmental testing laboratory
				  certification for insufficiency. The executive director shall notify the
				  laboratory of the intent to deny the application and advise the applicant of
				  the opportunity to file a motion to overturn under §
										50.139
				  of this title (relating to Motion to Overturn Executive Director's Decision).
				  The executive director may determine an application is insufficient if
				  laboratory personnel fail to:
(1) submit a
				  completed application;
(2) submit
				  the required fees;
(3) successfully
				  analyze and report proficiency test samples;
(4) implement a quality system;
(5) document that laboratory personnel meet
				  personnel qualifications of education, training, and experience;
(6) allow the executive director entry during
				  normal business hours for an environmental testing laboratory
				  assessment;
(7) pass required
				  environmental testing laboratory assessments;
(8) submit a report identifying actions the
				  environmental testing laboratory will take to correct the deficiencies
				  identified in the environmental testing laboratory assessment report within 30
				  days of receiving an assessment report; or
(9) implement actions to correct the
				  deficiencies identified in the environmental testing laboratory assessment
				  report within the time approved by the executive director.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 25 - ENVIRONMENTAL TESTING LABORATORY ACCREDITATION AND CERTIFICATION › Subchapter C - ENVIRONMENTAL TESTING LABORATORY CERTIFICATION › Section 25.76 - Suspension of Certification

Current through Reg. 49, No. 28; July 12, 2024
(a) After
				  notice and opportunity for hearing according to Chapter 80 of this title
				  (relating to Contested Case Hearings), the commission may suspend an
				  environmental testing laboratory's certification, in whole or in part, for at
				  least 30 days and up to six months. Reasons to suspend an environmental testing
				  laboratory's certification include failing to:
(1) maintain a quality system;
(2) comply with minimum performance and
				  quality assurance standards;
(3)
				  maintain records of the laboratory's personnel, operations, data, or
				  analysis;
(4) successfully complete
				  required proficiency tests;
(5)
				  employ staff that meet required personnel qualifications for education,
				  training, and experience; or
(6)
				  notify the executive director of changes in certification criteria.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 25 - ENVIRONMENTAL TESTING LABORATORY ACCREDITATION AND CERTIFICATION › Subchapter C - ENVIRONMENTAL TESTING LABORATORY CERTIFICATION › Section 25.78 - Revocation of Certification

Current through Reg. 49, No. 28; July 12, 2024
(a) After
				  notice and opportunity for hearing according to Chapter 80 of this title
				  (relating to Contested Case Hearings), the commission may revoke a laboratory's
				  certification, in whole or in part, if the laboratory:
(1) fails to correct deficiencies that led to
				  a suspension of certification within six months of the notice of
				  suspension;
(2) fails to submit an
				  acceptable report identifying actions the environmental testing laboratory will
				  take to correct deficiencies identified in the environmental testing laboratory
				  assessment;
(3) fails to implement
				  actions to correct deficiencies identified during an environmental testing
				  laboratory assessment;
(4) fails to
				  complete required proficiency test studies;
(5) submits proficiency test sample results
				  generated by another laboratory as its own;
(6) misrepresents any fact pertinent to
				  receiving and maintaining certification;
(7) fails to allow the executive director
				  entry during normal business hours for an environmental testing laboratory
				  assessment;
(8) is convicted of
				  charges relating to the falsification of any report relating to a laboratory
				  analysis;
(9) fails to remit fees
				  within the time limit established by the executive director; or
(10) is indebted to the state for a fee,
				  penalty, or tax imposed by a statute within the commission's jurisdiction or a
				  rule adopted under such a statute.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 30 - OCCUPATIONAL LICENSES AND REGISTRATIONS › Subchapter A - ADMINISTRATION OF OCCUPATIONAL LICENSES AND REGISTRATIONS › Section 30.1 - Authority

Current through Reg. 49, No. 28; July 12, 2024
The provisions in this chapter are issued under the
					 authority of Texas Water Code, Chapter 37.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 30 - OCCUPATIONAL LICENSES AND REGISTRATIONS › Subchapter A - ADMINISTRATION OF OCCUPATIONAL LICENSES AND REGISTRATIONS › Section 30.3 - Purpose and Applicability

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  purpose of this chapter is to consolidate the administrative requirements and
				  establish uniform procedures for the occupational licensing and registration
				  programs prescribed by Texas Water Code, Chapter 37. This subchapter contains
				  general procedures for issuing, renewing, denying, suspending, and revoking
				  occupational licenses and registrations. Subchapters B - L of this chapter
				  (relating to Backflow Prevention Assembly Testers; Customer Service Inspectors;
				  Landscape Irrigators, Irrigation Technicians, and Irrigation Inspectors;
				  Leaking Petroleum Storage Tank Corrective Action Project Managers and
				  Specialists; Municipal Solid Waste Facility Supervisors; On-Site Sewage
				  Facilities Installers, Apprentices, Designated Representatives, Maintenance
				  Providers, Maintenance Technicians, and Site Evaluators; Water Treatment
				  Specialists; Underground Storage Tank On-Site Supervisor Licensing and
				  Contractor Registration; Wastewater Operators and Operations Companies; Public
				  Water System Operators and Operations Companies; and Visible Emissions
				  Evaluator Training and Certification) contain the program-specific requirements
				  related to each program.
(b) The
				  requirements of this chapter apply to the following occupational licenses and
				  registrations:
(1) backflow prevention
				  assembly testers;
(2) customer
				  service inspectors;
(3) landscape
				  irrigators, irrigation technicians, and irrigation inspectors;
(4) leaking petroleum storage tank corrective
				  action specialists and project managers;
(5) municipal solid waste facility
				  supervisors;
(6) on-site sewage
				  facility installers, designated representatives, apprentices, maintenance
				  providers, maintenance technicians, and site evaluators;
(7) water treatment specialists;
(8) underground storage tank contractors and
				  on-site supervisors;
(9) wastewater
				  operators and operations companies;
(10) public water system operators and
				  operations companies; and
(11)
				  visible emissions evaluator training and certification.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 30 - OCCUPATIONAL LICENSES AND REGISTRATIONS › Subchapter A - ADMINISTRATION OF OCCUPATIONAL LICENSES AND REGISTRATIONS › Section 30.5 - General Provisions

Current through Reg. 49, No. 28; July 12, 2024
(a) A person must
				  be licensed or registered by the commission before engaging in an activity,
				  occupation, or profession described by Texas Water Code, §§ 26.0301,
				  26.345, 26.452, 26.456, Texas Health and Safety Code, §§ 341.033,
				  341.034, 361.027, 366.071, 366.0515, or Texas Occupations Code, § 1903.251
				  and § 1904.051. The commission shall issue a license or registration only
				  after an applicant has met the minimum requirements for a license or
				  registration as specified in this chapter.
(b) A person shall not advertise or represent
				  themselves to the public as a holder of a license or registration unless that
				  person possesses a current license or registration. A person shall not
				  advertise or represent to the public that it can perform services for which a
				  license or registration is required unless it holds a current license or
				  registration, or unless it employs individuals who hold current
				  licenses.
(c) The executive
				  director may contract with persons to provide services required by this
				  chapter. The commission may authorize contractors to collect reasonable fees
				  for the services provided.
(d)
				  Licenses and registrations are not transferable.
(e) New licenses shall not be issued to
				  employees of the commission who have regulatory authority over the rules of
				  this chapter. Commission employees may maintain a license if that license was
				  issued prior to employment with the commission.
(f) Prohibited Employment.
(1) Individuals subject to registration under
				  the Texas Code of Criminal Procedure, Chapter 62 because of a reportable
				  conviction or adjudication for which an affirmative finding is entered under
				  Texas Code of Criminal Procedure, Article 42.015(b) or Section 5(e)(2), Article
				  45.12, and licensed after September 1, 2013, may not, for compensation, provide
				  or offer to provide any type of service in the residence of another person
				  unless the provision of service will be supervised.
(2) For purposes of this subsection.
(A) "Residence" means a structure primarily
				  used as a permanent dwelling and land that is contiguous to that permanent
				  dwelling.
(B) "Supervision" means
				  direct, continuous visual observation of the individual at all times.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 30 - OCCUPATIONAL LICENSES AND REGISTRATIONS › Subchapter A - ADMINISTRATION OF OCCUPATIONAL LICENSES AND REGISTRATIONS › Section 30.10 - Administration

Current through Reg. 49, No. 28; July 12, 2024
The executive director is responsible for:
(1) reviewing applications;
(2) developing, administering, and grading
				  examinations;
(3) issuing and
				  renewing licenses and registrations;
(4) maintaining records related to licenses
				  and registrations;
(5) maintaining
				  a roster of current licenses and registrations;
(6) collecting fees;
(7) approving training providers ;
(8) awarding training credit for approved
				  training ; and
(9) responding to
				  complaints against licensees, registrants, and training providers.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 30 - OCCUPATIONAL LICENSES AND REGISTRATIONS › Subchapter A - ADMINISTRATION OF OCCUPATIONAL LICENSES AND REGISTRATIONS › Section 30.13 - Eligibility of Certain Applicants for Occupational Licenses or Registrations

Current through Reg. 49, No. 28; July 12, 2024
(a) An individual may request the agency to
				  issue a criminal history evaluation letter regarding the individual's
				  eligibility for a license if the individual:
(1) is enrolled or planning to enroll in an
				  educational program that prepares the individual for an initial license or is
				  planning to take an examination for an initial license; and
(2) has reason to believe that the individual
				  is ineligible for the license due to a conviction or deferred adjudication for
				  a felony or misdemeanor offense.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 30 - OCCUPATIONAL LICENSES AND REGISTRATIONS › Subchapter A - ADMINISTRATION OF OCCUPATIONAL LICENSES AND REGISTRATIONS › Section 30.14 - Applications for Initial Registration

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Applications for initial registrations shall be made on a standard form
				  approved by the executive director. The application must be submitted to the
				  executive director with the appropriate fee.
(b) Supplemental information for each
				  individual program shall be submitted according to the specific requirements
				  for each program.
(c) All
				  statements and qualifications provided by the applicant or on the behalf of the
				  applicant are subject to verification by the executive director.
(d) All statements, qualifications, and
				  attachments provided by the applicant relating to an application shall be true,
				  accurate, complete, and contain no misrepresentation or
				  falsification.
(e)
				  Misrepresentation or falsification of any information may be grounds for denial
				  of an application and for enforcement action.
(f) All applications must be completed in
				  full. All deficiencies must be corrected within 60 days of notification, or the
				  application shall be considered void.
(g) The executive director shall determine
				  whether an applicant meets the requirements of this subchapter. If all
				  requirements have been met, the executive director shall issue the
				  registration. The registration shall be valid for the term specified in
				  Subchapters B - L of this chapter (relating to Backflow Prevention Assembly
				  Testers, Customer Service Inspectors, Landscape Irrigators, Installers,
				  Irrigation Technicians and Irrigation Inspectors, Leaking Petroleum Storage
				  Tank Corrective Action Project Managers and Specialists, Municipal Solid Waste
				  Facility Supervisors, On-Site Sewage Facilities Installers, Apprentices,
				  Designated Representatives, Maintenance Providers, Maintenance Technicians, and
				  Site Evaluators. Water Treatment Specialists, Underground Storage Tank On-Site
				  Supervisor Licensing and Contractor Registration, Wastewater Operators and
				  Operations Companies, Public Water System Operators and Operations Companies,
				  Visible Emissions Evaluator Training and Certification, respectively.) The
				  effective date of the registration shall be the date the executive director
				  issues the registration.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 30 - OCCUPATIONAL LICENSES AND REGISTRATIONS › Subchapter A - ADMINISTRATION OF OCCUPATIONAL LICENSES AND REGISTRATIONS › Section 30.18 - Applications for an Initial License

Current through Reg. 49, No. 28; July 12, 2024
(a) Applications for initial licenses shall
				  be made on a standard form provided by the executive director. The application
				  must be submitted to the executive director with the fee according to §
										30.30
				  of this title (relating to Terms and Fees for Licenses and Registrations). The
				  application must be submitted to the executive director before the applicant
				  may take the examination.
(b)
				  Supplemental information for each individual program shall be submitted
				  according to the specific requirements for each program.
(c) An approved application shall be valid
				  for one year from the date of application approval.
(d) All statements and qualifications
				  provided by each applicant or on the behalf of the applicant are subject to
				  verification by the executive director.
(e) All statements, qualifications, and
				  attachments provided by the applicant relating to an application shall be true,
				  accurate, complete, and contain no misrepresentation or
				  falsification.
(f)
				  Misrepresentation or falsification of any information may be grounds for denial
				  of an application and for enforcement action.
(g) All applications must be completed in
				  full. All deficiencies must be corrected within 120 days of notification, or
				  the application shall be considered void.
(h) An applicant must furnish evidence of any
				  training credit, proof of education, or work experience when requested.
				  Diplomas from non-accredited high schools will be evaluated by the executive
				  director on a case-by-case basis and will be considered based on the following
				  submitted information:
(1) transcript;
(2) documentation of actual
				  coursework;
(3) time spent on
				  coursework or program; and
(4) any
				  additional documentation the executive director might reasonably request or
				  that would assist the applicant in demonstrating the proof of their education
				  claim.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 30 - OCCUPATIONAL LICENSES AND REGISTRATIONS › Subchapter A - ADMINISTRATION OF OCCUPATIONAL LICENSES AND REGISTRATIONS › Section 30.20 - Examinations

Current through Reg. 49, No. 28; July 12, 2024
(a) The executive director shall prescribe
				  the content of licensing examinations. Examinations shall be based on laws,
				  rules, job duties, and standards relating to the particular license. The
				  contents of any examination required for licensure under this chapter are
				  confidential and examinees may not share them with anyone.
(b) Examinations shall be graded and the
				  results forwarded to the applicant no later than 45 days after the examination
				  date. The minimum passing score for an examination is 70%.
(c) An individual with an approved
				  application who fails an examination may not repeat an examination until
				  receiving notification of examination results for that particular
				  examination.
(d) The application
				  becomes void either after 365 days from date of application or failing the same
				  examination four times, whichever occurs first. If an application becomes void,
				  a new fee and a new application must be submitted before the applicant may take
				  the same examination again.
(e) Any
				  scores for repeat examinations taken after an application becomes void will not
				  be applied to the issuance of the license.
(f) Any qualified applicant with a physical,
				  mental, or developmental disability may request reasonable accommodations to
				  take an examination.
(g)
				  Examinations shall be given at places and times approved by the executive
				  director.
(h) Examinees must comply
				  with all written and verbal instructions of the proctor and shall not:
(1) bring any unauthorized written material,
				  in either printed or electronic formats, into the examination room;
(2) bring any electronic devices, including
				  any device with a camera, into the examination room;
(3) share, copy, or in any way reproduce any
				  part of the examination;
(4) engage
				  in any deceptive or fraudulent act; or
(5) solicit, encourage, direct, assist, or
				  aid another person to violate any provision of this section or compromise the
				  confidentiality of the examination.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 30 - OCCUPATIONAL LICENSES AND REGISTRATIONS › Subchapter A - ADMINISTRATION OF OCCUPATIONAL LICENSES AND REGISTRATIONS › Section 30.24 - License and Registration Applications for Renewal

Current through Reg. 49, No. 28; July 12, 2024
(a) A license or registration may not be
				  renewed if it has been:
(1) expired for more
				  than 30 days and an application has not been received by the executive director
				  or postmarked within 30 days after the expiration date of the license or
				  registration;
(2) revoked;
				  or
(3) replaced by a higher class
				  of license.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 30 - OCCUPATIONAL LICENSES AND REGISTRATIONS › Subchapter A - ADMINISTRATION OF OCCUPATIONAL LICENSES AND REGISTRATIONS › Section 30.26 - Recognition of Licenses from Out-of-State; Licenses for Military Service Members, Military Veterans, or Military Spouses

Current through Reg. 49, No. 28; July 12, 2024
(a) Except for landscape irrigators the
				  executive director may waive qualifications, training, or examination for
				  individuals with a good compliance history who hold a current license from
				  another state, territory, or country if that state, territory, or country has
				  requirements equivalent to those in this chapter.
(b) A license may be issued after review and
				  approval of the application, receipt of the appropriate fee, and verification
				  of the license from the corresponding state, territory, or country.
(c) The executive director may waive any of
				  the prerequisites for obtaining a landscape irrigator license, if the applicant
				  is licensed as an irrigator in another jurisdiction that has a reciprocity
				  agreement with the State of Texas.
(d) The executive director may require the
				  applicant to provide information about other occupational licenses and
				  registrations held by the person, including:
(1) the state in which the other license or
				  registration was issued;
(2) the
				  current status of the other license or registration; and
(3) whether the other license or registration
				  was ever denied, suspended, revoked, surrendered, or withdrawn.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 30 - OCCUPATIONAL LICENSES AND REGISTRATIONS › Subchapter A - ADMINISTRATION OF OCCUPATIONAL LICENSES AND REGISTRATIONS › Section 30.28 - Approval of Training

Current through Reg. 49, No. 28; July 12, 2024
(a) The executive
				  director shall approve training that provides the knowledge or skills necessary
				  to obtain or maintain licenses or registrations that are issued by the
				  commission. This training shall be directly related to tasks performed by
				  persons whose duties require a license or registration in a program that is
				  administered by the commission.
(b)
				  The executive director may approve specific training delivery methods, to
				  include:
(1) classroom training;
(2) conferences;
(3) technology-based training;
(4) correspondence courses or similar
				  distance training;
(5) association
				  meetings that include training sessions containing subject matter related to
				  the particular license; or
(6)
				  other professional activities, such as the publication of articles.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 30 - OCCUPATIONAL LICENSES AND REGISTRATIONS › Subchapter A - ADMINISTRATION OF OCCUPATIONAL LICENSES AND REGISTRATIONS › Section 30.29 - Notification Requirements for Training Providers of Initial Training

Current through Reg. 49, No. 28; July 12, 2024
(a) Definitions. The following terms, when
				  used in this section, shall have the following meaning:
(1) Initial training--Training, required by
				  rule, to obtain an initial occupational license identified in Subchapters B - L
				  of this chapter (relating to Backflow Prevention Assembly Testers; Customer
				  Service Inspectors; Landscape Irrigators, Irrigation Technicians and Irrigation
				  Inspectors; Leaking Petroleum Storage Tank Corrective Action Project Managers
				  and Specialists; Municipal Solid Waste Facility Supervisors; On-Site Sewage
				  Facilities Installers, Apprentices, Designated Representatives, Maintenance
				  Providers, Maintenance Technicians, and Site Evaluators; Water Treatment
				  Specialists; Underground Storage Tank On-Site Supervisor Licensing and
				  Contractor Registration; Wastewater Operators and Operations Companies; Public
				  Water System Operators and Operations Companies; Visible Emissions Evaluator
				  Training and Certification).
(2)
				  Student--An individual who is enrolled in an educational or instructional
				  program that prepares the individual for an initial occupational
				  license.
(3) Training provider--An
				  administrative entity or individual that provides initial training.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 30 - OCCUPATIONAL LICENSES AND REGISTRATIONS › Subchapter A - ADMINISTRATION OF OCCUPATIONAL LICENSES AND REGISTRATIONS › Section 30.30 - Terms and Fees for Licenses and Registrations

Current through Reg. 49, No. 28; July 12, 2024
(a) Licenses and registrations are valid for
				  three years from the date of issuance, unless specified otherwise by
				  Subchapters B - L of this chapter (relating to Backflow Prevention Assembly
				  Testers; Customer Service Inspectors; Landscape Irrigators, Irrigation
				  Technicians, and Irrigation Inspectors; Leaking Petroleum Storage Tank
				  Corrective Action Project Managers and Specialists; Municipal Solid Waste
				  Facility Supervisors; On-Site Sewage Facilities Installers, Apprentices,
				  Designated Representatives, Maintenance Providers, Maintenance Technicians, and
				  Site Evaluators; Water Treatment Specialists; Underground Storage Tank On-Site
				  Supervisor Licensing and Contractor Registration; Wastewater Operators and
				  Operations Companies; Public Water System Operators and Operations Companies;
				  and Visible Emissions Evaluator Training and Certification,
				  respectively).
(b) The executive
				  director may adopt a system under which licenses or registrations expire on
				  various dates.
(c) The license fee
				  is $111 for a three-year license. The total amount shall be paid with each
				  initial and renewal application and is nonrefundable. The initial fee is waived
				  for military service member, military veteran, or military spouse applicants if
				  they:
(1) meet all other requirements for the
				  license; or
(2) hold a current
				  license issued by another jurisdiction that has licensing requirements that are
				  substantially equivalent to the requirements for the license the applicant is
				  applying for in this state.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 30 - OCCUPATIONAL LICENSES AND REGISTRATIONS › Subchapter A - ADMINISTRATION OF OCCUPATIONAL LICENSES AND REGISTRATIONS › Section 30.33 - License or Registration Denial, Warning, Suspension, or Revocation

Current through Reg. 49, No. 28; July 12, 2024
(a) The executive director may deny an
				  initial or renewal application for the following reasons.
(1) Insufficiency. The executive director
				  shall notify the applicant of the executive director's intent to deny the
				  application and advise the applicant of the opportunity to file a motion to
				  overturn the executive director's decision under §
											50.139
				  of this title (relating to Motion to Overturn Executive Director's Decision).
				  The executive director may determine that an application is insufficient for
				  the following reasons:
(A) failing to meet the
				  licensing or registration requirements of this chapter; or
(B) if an out-of-state licensing program does
				  not have requirements substantially equivalent to those of this
				  chapter.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 30 - OCCUPATIONAL LICENSES AND REGISTRATIONS › Subchapter A - ADMINISTRATION OF OCCUPATIONAL LICENSES AND REGISTRATIONS › Section 30.34 - Factors in Determining Whether a Conviction Directly Relates to the Licensed Occupation

Current through Reg. 49, No. 28; July 12, 2024
(a) In determining
				  whether a criminal conviction directly relates to the duties and
				  responsibilities of a licensed occupation, the commission shall consider each
				  of the following factors:
(1) the nature and
				  seriousness of the crime;
(2) the
				  relationship of the crime to the purposes for requiring a license to engage in
				  the occupation;
(3) the extent to
				  which a license might offer an opportunity to engage in further criminal
				  activity of the same type as that in which the individual previously had been
				  involved;
(4) the relationship of
				  the crime to the ability, or capacity required to perform the duties and
				  discharge the responsibilities of the licensed occupation; and
(5) any correlation between the elements of
				  the crime and the duties and responsibilities of the licensed
				  occupation.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 30 - OCCUPATIONAL LICENSES AND REGISTRATIONS › Subchapter A - ADMINISTRATION OF OCCUPATIONAL LICENSES AND REGISTRATIONS › Section 30.35 - Guidelines

Current through Reg. 49, No. 28; July 12, 2024
(a) The agency shall issue guidelines
				  relating to the practice of the agency in determining whether a particular
				  crime is considered to relate to a particular license and any other criterion
				  that affects the decisions of the commission.
(b) The agency shall file the guidelines with
				  the secretary of state for publication in the
Texas
				  Register.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 30 - OCCUPATIONAL LICENSES AND REGISTRATIONS › Subchapter A - ADMINISTRATION OF OCCUPATIONAL LICENSES AND REGISTRATIONS › Section 30.36 - Notice

Current through Reg. 49, No. 28; July 12, 2024
(a) The executive director shall notify the
				  individual in writing of the intent to suspend or revoke a license or deny the
				  individual a license or the opportunity to be examined for a license (notice of
				  intent) because of the individual's prior conviction of an offense. The notice
				  of intent shall:
(1) include the reason for
				  the suspension, revocation, denial, or disqualification, including any factor
				  considered under §
											30.34
				  of this title (relating to Factors in Determining Whether a Conviction Directly
				  Relates to the Licensed Occupation) that served as the basis for the
				  suspension, revocation, denial, or disqualification;
(2) notify the individual that it is the
				  individual's responsibility to obtain and provide to the licensing authority
				  evidence regarding the factors listed in §
											30.34(b)
				  of this title;
(3) allow the
				  individual 30 days to submit any relevant information to the licensing
				  authority for further consideration.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 30 - OCCUPATIONAL LICENSES AND REGISTRATIONS › Subchapter A - ADMINISTRATION OF OCCUPATIONAL LICENSES AND REGISTRATIONS › Section 30.37 - Judicial Review

Current through Reg. 49, No. 28; July 12, 2024
(a) An individual
				  whose license has been suspended or revoked or who has been denied a license or
				  the opportunity to take an examination under §30.20(m) and §
										30.33(a)(2)(H)
				  or (d) of this title (relating to
				  Examinations; or License or Registration Denial, Warning, Suspension, or
				  Revocation) and who has exhausted the individual's administrative appeals may
				  file an action in the district court in Travis County, Texas for review of the
				  evidence presented to the commission and the decision of the
				  commission.
(b) The petition for an
				  action under subsection (a) of this section must be filed not later than the
				  30th day after the date the commission's decision is final and
				  appealable.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 30 - OCCUPATIONAL LICENSES AND REGISTRATIONS › Subchapter A - ADMINISTRATION OF OCCUPATIONAL LICENSES AND REGISTRATIONS › Section 30.38 - Hearings

Current through Reg. 49, No. 28; July 12, 2024
All hearings are to be conducted according to Chapters 70
					 and 80 of this title (relating to Enforcement and Contested Case Hearings,
					 respectively).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 30 - OCCUPATIONAL LICENSES AND REGISTRATIONS › Subchapter B - BACKFLOW PREVENTION ASSEMBLY TESTERS › Section 30.51 - Purpose and Applicability

Current through Reg. 49, No. 28; July 12, 2024
(a) The purpose
				  of this subchapter is to establish qualifications for issuing and renewing
				  licenses to an individual who tests and repairs backflow prevention
				  assemblies.
(b) An individual who
				  tests and repairs backflow prevention assemblies must meet the qualifications
				  of this subchapter and be licensed according to Subchapter A of this chapter
				  (relating to Administration of Occupational Licenses and
				  Registrations).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 30 - OCCUPATIONAL LICENSES AND REGISTRATIONS › Subchapter B - BACKFLOW PREVENTION ASSEMBLY TESTERS › Section 30.57 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following word and term, when used in this subchapter,
					 shall have the following meaning, unless the context clearly indicates
					 otherwise. Backflow prevention assembly tester (BPAT)--An individual who tests
					 and repairs backflow prevention assemblies.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 30 - OCCUPATIONAL LICENSES AND REGISTRATIONS › Subchapter B - BACKFLOW PREVENTION ASSEMBLY TESTERS › Section 30.60 - Qualifications for Initial License

Current through Reg. 49, No. 28; July 12, 2024
To obtain a license, an individual must have:
(1) met the requirements in Subchapter A of
				  this chapter (relating to Administration of Occupational Licenses and
				  Registrations);
(2) passed an
				  examination;
(3) received a high
				  school diploma or equivalent certificate;
(4) completed an approved 40-hour backflow
				  prevention assembly testing training course; and
(5) worked at least two years in an approved
				  area which includes, but is not limited to:
(A) operating or maintaining a public
				  drinking water system;
(B)
				  installing or repairing residential, commercial, or industrial drinking water
				  treatment equipment;
(C) installing
				  or repairing lawn irrigation systems;
(D) performing activities requiring a master
				  or journeyman plumbing license;
(E)
				  installing or servicing fire suppression sprinkler systems and lines;
(F) operating or maintaining a domestic
				  wastewater treatment facility;
(G)
				  performing health inspections that requires a registered sanitarian;
				  or
(H) performing other duties
				  approved by the executive director.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 30 - OCCUPATIONAL LICENSES AND REGISTRATIONS › Subchapter B - BACKFLOW PREVENTION ASSEMBLY TESTERS › Section 30.62 - Qualifications for License Renewal

Current through Reg. 49, No. 28; July 12, 2024
To renew a license, an individual must have:
(1) met the requirements in Subchapter A of
				  this chapter (relating to Administration of Occupational Licenses and
				  Registrations); and
(2) completed
				  24 hours of approved continuing education which includes eight hours of
				  approved practical skills training.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 30 - OCCUPATIONAL LICENSES AND REGISTRATIONS › Subchapter C - CUSTOMER SERVICE INSPECTORS › Section 30.81 - Purpose and Applicability

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  purpose of this subchapter is to establish qualifications for issuing and
				  renewing licenses to individuals who conduct and certify customer service
				  inspections.
(b) An individual who
				  performs customer service inspections must meet the qualifications of this
				  subchapter and be licensed according to Subchapter A of this chapter (relating
				  to Administration of Occupational Licenses and Registrations).
(c) An endorsement for customer service
				  inspections shall expire when an individual renews a water operators license or
				  the license expires. To obtain a customer service inspector license, an
				  individual holding an endorsement must submit a new application with the
				  appropriate fee.
(d) A licensed
				  customer service inspector shall not perform plumbing inspections required
				  under Texas Occupations Code, Chapter 1301.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 30 - OCCUPATIONAL LICENSES AND REGISTRATIONS › Subchapter C - CUSTOMER SERVICE INSPECTORS › Section 30.87 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this
					 subchapter, shall have the following meanings, unless the context clearly
					 indicates otherwise.
(1)
				  Cross-connection--A physical connection between a public water system and
				  either another supply of unknown or questionable quality, any source which may
				  contain contaminating or polluting substances, or any source of water treated
				  to a lesser degree in the treatment process.
(2) Customer service inspection--An
				  examination of the private water distribution facility for the purpose of
				  providing or denying water service. The inspection is limited to the
				  identification and prevention of cross-connections, potential contaminant
				  hazards, and illegal lead materials. Customer service inspections are completed
				  before providing continuous water service to new construction, on any existing
				  service where there is reason to believe that cross-connections or other
				  potential contaminant hazards exist, or after any material improvement,
				  correction, or addition to private water distribution facilities (see §
										290.46(j)
				  of this title (relating to Minimum Acceptable Operating Practices for Public
				  Drinking Water Systems)).
(3)
				  Customer service inspector--The person who is licensed by the executive
				  director to perform customer service inspections.