reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 17 - TEXAS STATE BOARD OF PLUMBING EXAMINERS › Chapter 365 - LICENSING AND REGISTRATION › Section 365.22 - Licensing Procedures for Military Service Members, Military Veterans and Military Spouses

Current through Reg. 49, No. 28; July 12, 2024
(a) Military
				service members, military veterans and military spouses who held a license
				issued by the Texas State Board of Plumbing Examiners in the five years
				preceding their application date will be issued the same license type as that
				which was previously held.
(b)
				Military service members, military veterans and military spouses who hold a
				current license issued by another jurisdiction that has licensing requirements
				that are substantially equivalent to the requirement for the license in this
				state will be issued the same license type as that which is held in the other
				jurisdiction.
(c) The Board will
				identify which out-of-state licenses held by military service members, military
				veterans and military spouses have substantially equivalent licensing
				requirements on a case-by-case basis by comparing the out-of-state
				jurisdiction's requirements at the time the out-of-state license was issued to
				the Board's current requirements.
(d) Military service members, military
				veterans and military spouses who do not qualify for a license under Subsection
				(a) or (b) of this section may request that the Executive Director review the
				military service member's, military veteran's or military spouse's alternative
				credentials, including training, education and experience for the purposes of
				granting prerequisites to obtaining a license.
(e) The Board shall process an application
				submitted by a military service member, military veteran, or military spouse as
				soon as practicable. Applicants deemed qualified will be issued a license and
				information on the requirements to renew the license in 12 months.
(f) Licensing and examination fees payable to
				the Board are waived for military service members, military veterans and
				military souses as provided by Chapter 55 of the Texas Occupations Code. Late
				fees incurred while on active duty are waived for military service
				members.
(g) Military spouses who
				do not wish to obtain a Texas plumbing license may apply, at no cost, for their
				out-of-state license to be recognized instead by submitting:
(1) proof of Texas residency, including, but
				not limited to, a copy of the permanent change of state order for the military
				service member to whom the spouse is married;
(2) a copy of the spouse's military
				identification card; and
(3) a copy
				of the out-of-state license showing that it is current and in good standing at
				the same time of their application.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 17 - TEXAS STATE BOARD OF PLUMBING EXAMINERS › Chapter 365 - LICENSING AND REGISTRATION › Section 365.23 - Transfer of License

Current through Reg. 49, No. 28; July 12, 2024
The Board shall transfer a license to a person who:
(1) meets the requirements set forth in the
				Plumbing License Law; and
(2)
				submits the following:
(A) the required
				application;
(B) the required fee;
				and
(C) a notarized Transfer of
				License Affidavit that is signed by the transferor or a valid will executed by
				the transferor.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 17 - TEXAS STATE BOARD OF PLUMBING EXAMINERS › Chapter 365 - LICENSING AND REGISTRATION › Section 365.24 - Continuing Education and Training Exemptions

Current through Reg. 49, No. 28; July 12, 2024
The following are exempt from Continuing Professional
				  Education and Training requirements:
(1) a military service member on active duty
				who submits documentation establishing active duty status during the period in
				which the military service member is claiming an exemption;
(2) a Board employee who reviews submitted
				course materials to determine if the materials meet the minimum standards for
				curriculum or who monitors courses to ensure compliance with the plumbing
				license law and Board rules; and
(3) a course instructor approved for the
				period in which they are claiming an exemption.
(4) an employee, contractor, or volunteer of
				a high school or institution of higher education, who provides at least 18
				hours annually of instruction or training for a career and technology education
				program, may renew any license or endorsement if the person completes six (6)
				hours of continuing education or training at least every three (3)
				years.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 17 - TEXAS STATE BOARD OF PLUMBING EXAMINERS › Chapter 365 - LICENSING AND REGISTRATION › Section 365.25 - Temporary License

Current through Reg. 49, No. 28; July 12, 2024
(a) The agency may
				issue temporary licenses to qualified, out-of-state plumbing professionals to
				work in Texas if the Governor of Texas issues a disaster proclamation, or in an
				event determined by the Executive Director;
(b) Temporary license holders may only engage
				in the activities authorized by the license type during the disaster recovery
				period and only in the designated disaster area; and
(c) An emergency license expires 30 days
				after issuance.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 17 - TEXAS STATE BOARD OF PLUMBING EXAMINERS › Chapter 367 - ENFORCEMENT › Section 367.1 - Authority

Current through Reg. 49, No. 28; July 12, 2024
(a) The enforcement
				authority granted to the Board under Chapter
				1301 of the Texas
				Occupations Code, and any associated rules, may be used to enforce the Plumbing
				License Law, Board Rules, and Board orders.
(b) The enforcement authority granted to
				municipalities and plumbing inspectors under §
									1301.503 and §
									1301.551 of the
				Texas Occupations Code and to political subdivisions under §1301.255, and
				any associated rules, shall be used to enforce the Plumbing License Law, Board
				Rules, and applicable municipal ordinances or bylaws and adopted
				codes.
(c) The enforcement
				authority granted to licensed Plumbing Inspectors under §§
									1301.255,
				1301.503 and
				1301.551 of the
				Texas Occupations Code, and any associated rules, shall be used to enforce the
				Plumbing License Law, Board Rules, and applicable municipal ordinances or
				bylaws and adopted codes.
(d) The
				enforcement authority granted to a Field Representative employed by the Board
				under §
									1301.203 of the
				Texas Occupations Code, and any associated rules, may be used to enforce the
				Plumbing License Law and Board Rules.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 17 - TEXAS STATE BOARD OF PLUMBING EXAMINERS › Chapter 367 - ENFORCEMENT › Section 367.2 - Code Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) To protect the
				health and safety of the citizens of this state, the Board adopts the following
				plumbing codes:
(1) the 2018 Uniform Plumbing
				Code, as published by the International Association of Plumbing and Mechanical
				Officials; and
(2) The 2018
				International Plumbing Code, as published by the International Code Council and
				the codes incorporated by reference within the 2018 International Plumbing
				Code, including:
(A) the 2018 International
				Fuel Gas Code; and
(B) the 2018
				International Residential Code.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 17 - TEXAS STATE BOARD OF PLUMBING EXAMINERS › Chapter 367 - ENFORCEMENT › Section 367.3 - Standards of Conduct - Licensees and Registrants

Current through Reg. 49, No. 28; July 12, 2024
(a) Offer to
				Perform Services. All licensees and registrants:
(1) shall accurately and truthfully represent
				to any prospective client or employer, his or her capabilities and
				qualifications to perform the services to be rendered;
(2) shall not offer to perform, nor perform,
				technical services for which he or she is not qualified by education or
				experience, without retaining the services of another who is so
				qualified;
(3) shall not evade
				responsibility to a client or employer;
(4) shall give the customer an invoice or
				completed contract document on completion of the plumbing job, regardless of
				whether he or she charged a fee for performing the services; and
(5) for the purposes of paragraph (4) of this
				subsection, the customer is the person to whom the plumbing or technical
				services were provided even if the services were provided pursuant to a
				contract with a third party including but not limited to a home warranty
				company, general contractor, or a company established to perform
				inspections.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 17 - TEXAS STATE BOARD OF PLUMBING EXAMINERS › Chapter 367 - ENFORCEMENT › Section 367.4 - Standards of Conduct - Plumbing Inspectors

Current through Reg. 49, No. 28; July 12, 2024
(a) A Plumbing
				Inspector shall not:
(1) have any financial,
				or advisory interest in any plumbing company; and
(2) represent or indicate in any manner that
				the Plumbing Inspector is employed by or a representative of the Board or the
				State of Texas unless, in fact, the Plumbing Inspector is employed by the Board
				or the State of Texas.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 17 - TEXAS STATE BOARD OF PLUMBING EXAMINERS › Chapter 367 - ENFORCEMENT › Section 367.5 - Responsibilities of RMP-General

Current through Reg. 49, No. 28; July 12, 2024
(a) A Master Plumber
				may act as the RMP of record for only one person at a time. A RMP wishing to be
				removed or added as a RMP of record shall submit to the Board written
				notification of the change, in a form specified by the Board, within ten (10)
				business days after the effective date of the change.
(b) The RMP of record shall be knowledgeable
				of and responsible for all contracts and agreements to perform plumbing work
				secured and permits obtained under his or her Master Plumber License. A RMP of
				record is not absolved of these responsibilities even if:
(1) the job of obtaining a permit is
				delegated to another person; or
(2)
				the RMP did not personally draft or sign the contract or
				agreement.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 17 - TEXAS STATE BOARD OF PLUMBING EXAMINERS › Chapter 367 - ENFORCEMENT › Section 367.6 - Responsibilities of RMP-Insurance Required

Current through Reg. 49, No. 28; July 12, 2024
(a) A Responsible
				Master Plumber shall at all times maintain insurance that:
(1) meets the requirements of the PLL;
				and
(2) includes coverage for all
				types of plumbing that will be performed under the RMP's license, including,
				but not limited to:
(A) LP-Gas
				plumbing;
(B) medical gas plumbing;
				and
(C) multipurpose residential
				fire protection sprinkler systems.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 17 - TEXAS STATE BOARD OF PLUMBING EXAMINERS › Chapter 367 - ENFORCEMENT › Section 367.7 - Responsibilities of RMP-Medical Gas Piping Systems

Current through Reg. 49, No. 28; July 12, 2024
(a) A person may
				not offer to install pipe used solely to transport gases for medical purposes
				unless the person has secured the services of at least one RMP who holds a
				current Master Plumber License with a current Medical Gas Piping Installation
				Endorsement issued by the Board.
(b) The RMP with the Medical Gas Piping
				Installation Endorsement shall be responsible for the general supervision of
				the installation and ensuring that:
(1) all
				pipe used solely to transport gases for medical purposes is installed by the
				company; and
(2) all medical gas
				pipe assembly, brazing, and installation of required pipe markings is performed
				only by a licensee who holds a current Medical Gas Piping Installation
				Endorsement issued by the Board.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 17 - TEXAS STATE BOARD OF PLUMBING EXAMINERS › Chapter 367 - ENFORCEMENT › Section 367.8 - Responsibilities of RMP-Multipurpose Residential Fire Protection Sprinkler Systems

Current through Reg. 49, No. 28; July 12, 2024
(a) A person may
				not offer to install a multipurpose residential fire protection sprinkler
				system unless the person has secured the services of at least one RMP who holds
				a current Master Plumber License with a current Multipurpose Residential Fire
				Protection Sprinkler Specialist Endorsement issued by the Board.
(b) The RMP with the Multipurpose Residential
				Fire Protection Sprinkler Specialist Endorsement shall be responsible for the
				general supervision of the installation and ensuring that:
(1) the system is installed by a licensed
				Journeyman or Master Plumber with a current Multipurpose Residential Fire
				Protection Sprinkler Specialist Endorsement;
(2) any other person who assists with the
				installation of a multipurpose residential fire protection sprinkler system is
				registered or licensed by the Board and is assisting only under the direct
				supervision of the endorsement holder who is on the job installing the
				system;
(3) the system has been
				designed by a licensed Master Plumber with a current Multipurpose Residential
				Fire Protection Sprinkler Specialist Endorsement; and
(4) the system is installed, tested and
				inspected in accordance with the requirements of the latest edition of the
				National Fire Protection Association (NFPA) standard 13D and all applicable
				local ordinances and state laws and rules regulating the installation of
				multipurpose residential fire protection sprinkler systems.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 17 - TEXAS STATE BOARD OF PLUMBING EXAMINERS › Chapter 367 - ENFORCEMENT › Section 367.9 - Advertising; Offering to Perform Plumbing

Current through Reg. 49, No. 28; July 12, 2024
(a) A person or
				company shall not advertise, contract for or otherwise offer or agree to
				perform plumbing work for or provide plumbing services to the public unless the
				person or company has secured the services of at least one RMP holding a
				current Master Plumber License.
(b)
				A person or company has secured the services of a RMP if:
(1) the RMP is an employee of the person or
				company; or
(2) the RMP is the
				owner of the plumbing company that will contract for and perform plumbing work
				under his or her license.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 17 - TEXAS STATE BOARD OF PLUMBING EXAMINERS › Chapter 367 - ENFORCEMENT › Section 367.10 - Display of RMP Name and License Number

Current through Reg. 49, No. 28; July 12, 2024
(a) Display of License Number on Service
				Vehicle. Both the RMP of record and owner of a plumbing company shall ensure
				that the RMP's license number and the company name are displayed on both sides
				of all service vehicles owned or operated by the company, or otherwise used in
				conjunction with providing plumbing work by, or on behalf of, the company. The
				license number must be preceded by the letters "M", "MPL", or "RMP". The
				letters and numbers must be placed on the body of the vehicle and must be of a
				contrasting color, and at least two inches in height.
(b) Disclosure of Licensure and Regulatory
				Oversight on Contracts. Both the RMP of record and owner of a plumbing company
				shall ensure that the first page of each written or electronic proposal,
				invoice or contract for plumbing services includes, in at least twelve-point
				font:
(1) the first and last name of the RMP
				of record;
(2) the license number
				of the RMP of record;
(3) the
				phrase "regulated by the Texas State Board of Plumbing Examiners"; and
(4) the Board's mailing address,
				phone number, and website address (tsbpe.texas.gov).
(5) For the purposes of this subsection, the
				terms "proposal," "invoice" and "contract" include any and all documents used
				to define the scope and/or cost of the work to be performed for a consumer.
				This would include items such as written estimates, service invoices, billing
				invoices, receipts or any document, written or electronic, which defines the
				services and cost of the plumbing services provided to the consumer.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 17 - TEXAS STATE BOARD OF PLUMBING EXAMINERS › Chapter 367 - ENFORCEMENT › Section 367.11 - License or Registration Required

Current through Reg. 49, No. 28; July 12, 2024
(a) An individual
				shall not engage in plumbing work requiring a license, registration or
				endorsement under the Plumbing License Law without a current license,
				registration or endorsement issued by the Board.
(b) An individual shall not perform a
				plumbing inspection without a current affiliated Plumbing Inspector License
				issued by the Board.
(c) A person
				shall not employ or enter into a subcontract with an individual to engage in
				plumbing work requiring a license, registration or endorsement under the
				Plumbing License Law if the individual does not hold the appropriate license,
				registration or endorsement required for the type of work performed.
(d) A political subdivision shall not employ
				or contract a person who does not hold a Plumbing Inspector License issued by
				the Board. The plumbing inspector must be affiliated with the political
				subdivision having jurisdiction.
(e) A person shall not use the certificate of
				licensure, pocket card or license or registration number of another licensee or
				registrant.
(f) Licensees and
				registrants shall not allow another person to use their certificate of
				licensure, pocket card or license or registration number.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 17 - TEXAS STATE BOARD OF PLUMBING EXAMINERS › Chapter 367 - ENFORCEMENT › Section 367.12 - On-Site License and Registration Checks

Current through Reg. 49, No. 28; July 12, 2024
(a) A licensee or
				registrant shall carry his or her pocket card at all times he or she is present
				at a jobsite or engaged in plumbing work.
(b) A licensee or registrant shall cooperate
				with a Field Representative conducting a check in accordance with this
				section.
(c) An enforcement officer
				employed by the Texas Department of Licensing and Regulation may also check
				licenses and registrations and report non-compliance to the Board.
(d) In addition to initiating disciplinary
				actions against unlicensed or unregistered individuals or those without a
				current license or registration, the Board may refer non-compliant individuals
				to local authorities for enforcement and disposition.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 17 - TEXAS STATE BOARD OF PLUMBING EXAMINERS › Chapter 367 - ENFORCEMENT › Section 367.13 - Filing Complaints

Current through Reg. 49, No. 28; July 12, 2024
(a) The Board shall
				only accept a complaint that is submitted in writing in a format specified by
				the Board.
(b) A complaint may be
				submitted via mail, electronic mail, facsimile or in person.
(c) A complaint shall contain:
(1) the complainant's name and contact
				information;
(2) a description of
				the alleged violation;
(3) the name
				of the municipality and all other political subdivisions in which the conduct
				that is the subject of the complaint occurred;
(4) the name and contact information of any
				known witnesses or other sources of pertinent information; and
(5) any evidence in the possession of the
				complainant, including but not limited to:
(A) estimates, contracts or
				invoices;
(B) cancelled
				checks;
(C) photographs of any
				plumbing work that is the subject of the complaint;
(D) written communications between the
				complainant and respondent; and
(E)
				websites, business cards, or other advertisements used by the
				respondent.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 17 - TEXAS STATE BOARD OF PLUMBING EXAMINERS › Chapter 367 - ENFORCEMENT › Section 367.14 - Processing Complaints

Current through Reg. 49, No. 28; July 12, 2024
(a) The Director of
				Enforcement will review a complaint submitted to determine whether the Board
				has jurisdiction.
(b) If it is
				determined that a complaint is within the Board's jurisdiction the Director of
				Enforcement will:
(1) assign a complaint
				number;
(2) assign an investigation
				priority number; and
(3) appoint a
				Field Representative to investigate the complaint.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 17 - TEXAS STATE BOARD OF PLUMBING EXAMINERS › Chapter 367 - ENFORCEMENT › Section 367.15 - Investigating Complaints

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose and
				Reference to Applicable Law. This section implements the Board's processes and
				procedures for investigating complaints alleging violations of the PLL or Board
				Rules. The Board will investigate complaints from the public validly filed in
				accordance with Board Rules. The Board may also open a complaint investigation
				on its own initiative. This section also implements the Board's investigative
				procedures for prioritizing the investigation of complaints in accordance with
				§1301.303(e) of the PLL.
(b)
				The Board may utilize its Field Representatives, Director of Enforcement or
				staff to investigate an alleged violation of the Plumbing License Law or Board
				Rules by a person who:
(1) is registered or
				licensed under the PLL;
(2) is the
				owner of a company subject to the PLL;
(3) performs plumbing without holding a
				registration or license under the PLL; or
(4) advertises or otherwise offers to perform
				plumbing work without holding a license under the PLL.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 17 - TEXAS STATE BOARD OF PLUMBING EXAMINERS › Chapter 367 - ENFORCEMENT › Section 367.16 - Complaint Review

Current through Reg. 49, No. 28; July 12, 2024
(a) The staff shall
				pursue expeditious resolution of complaints by voluntary agreed settlement,
				whenever appropriate.
(b) The staff
				may close a complaint if it concludes:
(1) the
				Board lacks jurisdiction over the complaint;
(2) no violation of the PLL, Board Rules or a
				Board order has occurred;
(3) there
				is insufficient evidence of a violation; or
(4) the respondent has voluntarily come into
				compliance with the PLL, Board Rules, or Board order.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 17 - TEXAS STATE BOARD OF PLUMBING EXAMINERS › Chapter 367 - ENFORCEMENT › Section 367.17 - Administrative Penalty

Current through Reg. 49, No. 28; July 12, 2024
(a) If the agency
				decides to pursue an administrative penalty, a Notice of Alleged Violation must
				be issued to the Respondent. This notice will include a brief summary of the
				alleged violation, state the amount of the administrative penalty pursued, and
				inform the Respondent of the Respondent's right to a hearing before the State
				Office of Administrative Hearings on the occurrence of the violation or the
				amount of the penalty. There is a rebuttable presumption that the notice is
				received three (3) days after it was mailed.
(b) Not later than the 20th day after the
				Notice of Alleged Violation is received by the Respondent, the Respondent, in
				writing, must:
(1) agree to settle the matter
				without a formal hearing before the State Office of Administrative Hearings and
				accept the determination and settlement penalty recommended by the agency
				staff; or
(2) make a request for a
				formal hearing before the State Office of Administrative Hearings on the
				occurrence of the violation, the amount of the penalty, or
				both.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 17 - TEXAS STATE BOARD OF PLUMBING EXAMINERS › Chapter 367 - ENFORCEMENT › Section 367.18 - Reprimand; Probation; Suspension; Revocation

Current through Reg. 49, No. 28; July 12, 2024
(a) Upon a
				determination that a violation of the PLL, an order issued by the board, or a
				board rule has occurred, the Board shall revoke, suspend, or refuse to renew a
				license, endorsement, or registration, or shall reprimand a holder of a license
				or registration.
(b) For the
				purposes of this section, a reprimand means any disciplinary action, other than
				the probation, suspension or revocation of a license, endorsement or
				registration.
(c) A person whose
				license, endorsement, or registration has been revoked pursuant to this section
				may not apply for a new license, endorsement, or registration before one year
				from the date of final revocation.
(d) The Board may place on probation a person
				whose license, endorsement, or registration is suspended. If a license,
				endorsement, or registration suspension is probated, the board may require the
				person:
(1) to report regularly to the agency
				on matters that are the basis of the probation;
(2) to limit practice to the areas prescribed
				by the board; or
(3) to continue or
				review professional education until the person attains a degree of skill
				satisfactory to the board in those areas that are the basis of the
				probation.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 17 - TEXAS STATE BOARD OF PLUMBING EXAMINERS › Chapter 367 - ENFORCEMENT › Section 367.19 - Failure to Request a Hearing After Notice of Intent to Deny or Revoke

Current through Reg. 49, No. 28; July 12, 2024
(a) If the staff
				proposes to deny an application for examination or registration or revoke or
				suspend a license, registration, or endorsement, staff shall give timely
				written notice of the denial or revocation to the applicant to the last known
				address provided to the Board by the applicant.
(b) The language of the notice shall include:
(1) a summary of the allegations against the
				applicant;
(2) the applicant's
				right to be represented by an attorney on the matter;
(3) the applicant's right to request a
				hearing on the matter before SOAH;
(4) the applicant's request for a hearing
				must be made no later than twenty (20) days after the receipt of the notice;
				and
(5) the applicant's failure to
				request a hearing within twenty (20) days after the receipt of the notice
				results in the staff's decision to deny or revoke becoming final and judicial
				appeal of the denial or revocation being waived by the applicant.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 17 - TEXAS STATE BOARD OF PLUMBING EXAMINERS › Chapter 367 - ENFORCEMENT › Section 367.20 - Informal Settlement Conference

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose and
				Reference to Applicable Law. It is the policy of the Board to resolve contested
				cases efficiently by informally disposing of matters by agreement and voluntary
				settlement whenever possible, to the extent such settlement is aligned with and
				will advance the Board's regulatory functions. This section implements the
				Board's processes and procedures for effectuating informal disposition of
				contested cases, including procedures for conducting Informal Settlement
				Conferences, pursuant to §1301.5071 of the PLL. For the foregoing reasons,
				and in order to advance the State's policy goals expressed in Chapter
				2009 of the
				Government Code (Governmental Dispute Resolution Act) and Chapter
				154
				of the Civil Practice and Remedies Code to resolve disputes as fairly and
				expeditiously as possible, contested cases that the Board determines are
				capable of being resolved by informal disposition and voluntary settlement will
				be referred to an Informal Settlement Conference to seek such
				resolution.
(b) Referral to
				Informal Settlement Conference (ISC). In the event an individual makes a timely
				request for an adjudicative hearing in accordance with §1301.704 of the
				PLL and Board Rules, prior to the Board docketing the matter at SOAH and
				setting such hearing, the Director of Enforcement will determine whether to
				refer the matter to an Informal Settlement Conference in accordance with this
				section. In making such determination, the Director of Enforcement will
				consider:
(1) whether the complainant or the
				respondent has requested an ISC in accordance with subsection (d) of this
				section;
(2) if an ISC is requested
				by the respondent, whether the request appears to have been brought in bad
				faith or for purposes of delay rather than to resolve the matter;
(3) the extent to which the contested case
				involves factual matters in dispute;
(4) the extent to which a complainant or
				other party has suffered damages that may be compensated through the payment of
				restitution, in accordance with §1301.5071 of PLL; and
(5) in cases in which the Board seeks to
				suspend or revoke a license, registration or endorsement, the extent to which
				probationary restrictions might present a viable alternative to suspension or
				revocation.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 17 - TEXAS STATE BOARD OF PLUMBING EXAMINERS › Chapter 367 - ENFORCEMENT › Section 367.21 - Contested Case; State Office of Administrative Hearings

Current through Reg. 49, No. 28; July 12, 2024
(a) A contested
				case shall mean any action that is referred to SOAH.
(b) Respondent means:
(1) a person in a contested case charged with
				a violation of the Plumbing License Law or Board Rules; or
(2) an applicant who has been denied a
				license, registration or endorsement.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 17 - TEXAS STATE BOARD OF PLUMBING EXAMINERS › Chapter 367 - ENFORCEMENT › Section 367.22 - Failure to Attend Hearing and Default

Current through Reg. 49, No. 28; July 12, 2024
(a)
				Default. If the party who does not have the burden of proof fails to appear at
				a contested case hearing at the State Office of Administrative Hearings (SOAH),
				the administrative law judge must issue a default proposal for decision that
				can be adopted by the Board.
(b)
				Failure to issue default proposal for decision. If the administrative law judge
				grants a default but does not issue a default proposal for decision and instead
				issues a default order dismissing the case and returning the file to the
				Plumbing Board for informal disposition on a default basis in accordance with
				§ 2001.056 of the Texas Government Code, the Board may issue a final order
				deeming the allegations in the complaint as true and imposing the sanctions
				requested in the complaint.
(c)
				Failure to prosecute: If an applicant for licensure fails to appear at a
				contested case hearing at the SOAH, the administrative law judge must dismiss
				the case for want of prosecution, any relevant application will be withdrawn,
				and the Board may not consider a subsequent application from the party until
				the first anniversary of the date of dismissal of the case at SOAH. If the
				administrative law judge dismisses the case and returns the file to the board
				for informal disposition on a default basis in accordance with § 2001.056
				of the Texas Government Code, the Board will issue a final order referring to
				this rule and advising the applicant that his or her application was withdrawn
				and that he or she may reapply for licensure one year after the date of the
				dismissal of the case at the SOAH.
(d) Applicants for licensure bear the burden
				to prove fitness for licensure.
(e)
				Contesting a final order issued following a default or dismissal for failure to
				prosecute. In the event that the respondent wishes to contest a final order
				issued following a default or dismissal for failure to prosecute, the
				respondent must timely file a motion for rehearing as provided by Chapter 2001
				of the Texas Government Code and this motion must show the following:
(1) the failure to timely file a written
				answer or appear at the SOAH hearing was caused by fraud, accident, or wrongful
				act or mistake of the Board;
(2)
				the failure to timely file a written answer or appear at the SOAH hearing was
				not the result of respondent's fault or negligence nor of respondent's
				representative if any;
(3) the
				respondent has a meritorious defense; and
(4) the motion for rehearing must be
				supported by affidavits and documentary evidence of the above and show a prima
				facie case for a meritorious defense.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 21 - TEXAS STATE BOARD OF EXAMINERS OF PSYCHOLOGIST › Chapter 463 - APPLICATIONS AND EXAMINATIONS › Subchapter A - APPLICATIONS AND LICENSING › Section 463.1 - Regionally Accredited Educational Institutions

Current through Reg. 49, No. 28; July 12, 2024
Degrees required for licensure under Occupations Code,
					 Chapter 501 must have been awarded or conferred by an institution of higher
					 education accredited by a regional accrediting organization recognized by the
					 Council for Higher Education Accreditation, the Texas Higher Education
					 Coordinating Board, or the United States Department of
					 Education.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 21 - TEXAS STATE BOARD OF EXAMINERS OF PSYCHOLOGIST › Chapter 463 - APPLICATIONS AND EXAMINATIONS › Subchapter A - APPLICATIONS AND LICENSING › Section 463.2 - Reciprocity Agreements with Other Jurisdictions

Current through Reg. 49, No. 28; July 12, 2024
The Council may enter into reciprocal licensing agreements
					 with other jurisdictions pursuant to §501.262 of the Psychologists'
					 Licensing Act. In determining whether the requirements for licensure,
					 certification, or registration in other jurisdictions are substantially equal
					 to those prescribed by the Psychologists' Licensing Act, for the granting of
					 licensure by reciprocity, the Council shall consider the following:
(1) whether the jurisdiction's qualifications
				  for licensure are substantially equal to the requirements for a comparable
				  license under the Psychologists' Licensing Act;
(2) whether a jurisdiction will license an
				  applicant who would be ineligible for licensure in Texas due to a criminal
				  history;
(3) whether the
				  jurisdiction's cut-off score on a mutually required examination meets or
				  exceeds the Texas cut-off score; and
(4) whether the jurisdiction's supervised
				  experience requirements for a particular license provide a measure of public
				  protection, which at a minimum is substantially equal to the supervised
				  experience requirements for a comparable license under the Psychologists'
				  Licensing Act.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 21 - TEXAS STATE BOARD OF EXAMINERS OF PSYCHOLOGIST › Chapter 463 - APPLICATIONS AND EXAMINATIONS › Subchapter A - APPLICATIONS AND LICENSING › Section 463.3 - Use of Other Mental Health License During Supervised Experience

Current through Reg. 49, No. 28; July 12, 2024
(a) An individual
				  who holds a mental health license, other than one issued under Chapter 501, may
				  not obtain the required practicum, internship, or supervised experience
				  required for a license under Chapter 501 while practicing under that license.
(b) An individual subject to
				  subsection (a) of this section must comply with the Psychologists' Licensing
				  Act and all applicable Council rules regarding the use of appropriate
				  titles.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 21 - TEXAS STATE BOARD OF EXAMINERS OF PSYCHOLOGIST › Chapter 463 - APPLICATIONS AND EXAMINATIONS › Subchapter B - LICENSING REQUIREMENTS › Section 463.8 - Licensed Psychological Associate

Current through Reg. 49, No. 28; July 12, 2024
(a) Licensure Requirements. An applicant for
				  licensure as a psychological associate must:
(1) hold a graduate degree in psychology from
				  a regionally accredited institution of higher education;
(2) provide documentation of at least six (6)
				  semester credit hours of practicum, internship or other structured experience
				  within the applicant's graduate degree program under the supervision of a
				  licensed psychologist or under the supervision of an individual that holds a
				  license as a specialist in school psychology;
(3) pass all examinations required by the
				  Council and meet each of the criteria listed in §501.2525(a)(3) - (9) of
				  the Occupations Code; and
(4)
				  demonstrate graduate level coursework in each of the following areas:
(A) Psychological Foundations:
(i) the biological bases of
				  behavior;
(ii) the acquired or
				  learned bases of behavior, including learning, thinking, memory, motivation and
				  emotion;
(iii) the social,
				  cultural, and systemic bases of behavior;
(iv) the individual or unique bases of
				  behavior, including personality theory, human development, and abnormal
				  behavior;
(B) Research
				  and Statistics:
(i) the methodology used to
				  investigate questions and acquire knowledge in the practice of
				  psychology;
(ii) coursework in
				  research design and methodology, statistics, critical thinking, and scientific
				  inquiry;
(C) Applied
				  Psychology:
(i) the history, theory, and
				  application of psychological principles;
(ii) the application of psychological
				  theories to individuals, families, and groups;
(D) Assessment:
(i) intellectual, personality, cognitive,
				  physical, and emotional abilities, skills, interests, and aptitudes;
(ii) socio-economic, including behavioral,
				  adaptive, and cultural assessment;
(E) Interventions:
(i) the application of therapeutic
				  techniques;
(ii) behavior
				  management;
(iii) consultation;
				  and
(F) Scientific and
				  Professional, Legal, and Ethical Issues.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 21 - TEXAS STATE BOARD OF EXAMINERS OF PSYCHOLOGIST › Chapter 463 - APPLICATIONS AND EXAMINATIONS › Subchapter B - LICENSING REQUIREMENTS › Section 463.9 - Licensed Specialist in School Psychology

Current through Reg. 49, No. 28; July 12, 2024
(a) License
				  Requirements. An applicant for licensure as a specialist in school psychology
				  must:
(1) hold an appropriate graduate
				  degree;
(2) provide proof of
				  specific graduate level coursework;
(3) provide proof of an acceptable
				  internship;
(4) provide proof of
				  passage of all examinations required by the Council; and
(5) meet the requirements imposed under
				  §501.2525(a)(3) - (9) of the Occupations Code.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 21 - TEXAS STATE BOARD OF EXAMINERS OF PSYCHOLOGIST › Chapter 463 - APPLICATIONS AND EXAMINATIONS › Subchapter B - LICENSING REQUIREMENTS › Section 463.10 - Licensed Psychologists

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Licensure Requirements. An applicant for licensure as a psychologist must:
(1) hold a doctoral degree in psychology from
				  a college or university accredited by a regional accrediting
				  organization;
(2) pass all
				  examinations required by the agency;
(3) submit documentation of supervised
				  experience from a licensed psychologist which satisfies the requirements of
				  Council §
											463.11 of this title;
				  and
(4) meet all other requirements
				  of §
											501.2525 of the
				  Occupations Code.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 21 - TEXAS STATE BOARD OF EXAMINERS OF PSYCHOLOGIST › Chapter 463 - APPLICATIONS AND EXAMINATIONS › Subchapter B - LICENSING REQUIREMENTS › Section 463.11 - Supervised Experience Required for Licensure as a Psychologist

Current through Reg. 49, No. 28; July 12, 2024
(a) Required
				  Supervised Experience. In order to qualify for licensure, an applicant must
				  submit proof of a minimum of 3,500 hours of supervised experience, at least
				  1,750 of which must have been obtained through a formal internship that
				  occurred within the applicant's doctoral degree program and at least 1,750 of
				  which must have been received as a provisionally licensed psychologist (or
				  under provisional trainee status under prior versions of this rule).
(1) A formal internship completed after the
				  doctoral degree was conferred, but otherwise meeting the requirements of this
				  rule, will be accepted for an applicant whose doctoral degree was conferred
				  prior to September 1, 2017.
(2) The
				  formal internship must be documented by the Director of Internship Training.
				  Alternatively, if the Director of Internship Training is unavailable, the
				  formal internship may be documented by a licensed psychologist with knowledge
				  of the internship program and the applicant's participation in the internship
				  program.
(3) Following conferral of
				  a doctoral degree, 1,750 hours obtained or completed while employed in the
				  delivery of psychological services in an exempt setting, while licensed or
				  authorized to practice in another jurisdiction, or while practicing as a
				  psychological associate or specialist in school psychology in this state may be
				  substituted for the minimum of 1,750 hours of supervised experience required as
				  a provisionally licensed psychologist if the experience was obtained or
				  completed under the supervision of a licensed psychologist. Post-doctoral
				  supervised experience obtained without a provisional license or trainee status
				  prior to September 1, 2016, may also be used to satisfy, either in whole or in
				  part, the post- doctoral supervised experience required by this rule if the
				  experience was obtained under the supervision of a licensed
				  psychologist.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 21 - TEXAS STATE BOARD OF EXAMINERS OF PSYCHOLOGIST › Chapter 463 - APPLICATIONS AND EXAMINATIONS › Subchapter B - LICENSING REQUIREMENTS › Section 463.12 - Temporary License

Current through Reg. 49, No. 28; July 12, 2024
(a) A temporary
				  license may be issued to an applicant seeking to practice in this state for a
				  limited time and purpose. To be eligible for temporary licensure, an applicant
				  must:
(1) submit a completed application for
				  temporary licensure, setting forth a brief description of the type of
				  psychological services to be provided;
(2) pay the application fee;
(3) submit proof that the applicant is
				  actively licensed, certified, or registered as a psychologist or psychological
				  associate by another jurisdiction having requirements substantially equal to
				  those prescribed by the Psychologists' Licensing Act;
(4) submit documentation indicating that the
				  applicant is in good standing with that jurisdiction;
(5) be supervised (sponsorship) by a
				  psychologist licensed in this state; and
(6) provide documentation that the applicant
				  has passed the Examination for Professional Practice of Psychology at the Texas
				  cut-off for the type of temporary license sought.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 21 - TEXAS STATE BOARD OF EXAMINERS OF PSYCHOLOGIST › Chapter 463 - APPLICATIONS AND EXAMINATIONS › Subchapter B - LICENSING REQUIREMENTS › Section 463.13 - Licensure by Reciprocity

Current through Reg. 49, No. 28; July 12, 2024
An individual applying for licensure by reciprocity with
					 this agency must meet each of the following criteria to be eligible for
					 licensure by reciprocity:
(1) Submit
				  an application in the form prescribed by the Council and corresponding fee;
(2) Submit verification that the
				  applicant is actively licensed, certified, or registered in good standing in a
				  jurisdiction with which Texas shares reciprocity;
(3) Pass the jurisprudence examination; and
(4) Submit any other documentation
				  or information requested in the application or which the Council may deem
				  necessary in order to ensure the public's safety when processing the
				  application.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 21 - TEXAS STATE BOARD OF EXAMINERS OF PSYCHOLOGIST › Chapter 463 - APPLICATIONS AND EXAMINATIONS › Subchapter B - LICENSING REQUIREMENTS › Section 463.14 - Remedy for Incomplete License Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) An applicant who does not meet all of the
				  prerequisites for a particular license under Chapter 501, may petition the
				  Council for a waiver or modification of the prerequisite(s). An applicant may
				  not petition for the waiver or modification of the degree required for the
				  particular license sought or passage of the requisite examinations.
(b) The Council may waive or modify a
				  prerequisite for obtaining a license under Chapter 501, subject to subsection
				  (a) of this section, if:
(1) the prerequisite
				  is not mandated by federal law, the state constitution or statute, or 22 TAC
				  Part 41; and
(2) the failure or
				  inability to meet the prerequisite was due to a disaster declared under Chapter
				  418 of the Government Code or under similar authority in another jurisdiction.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 21 - TEXAS STATE BOARD OF EXAMINERS OF PSYCHOLOGIST › Chapter 463 - APPLICATIONS AND EXAMINATIONS › Subchapter C - LICENSING PROVISIONS RELATED TO MILITARY SERVICE MEMBERS, VETERANS, AND MILITARY SPOUSES › Section 463.20 - Special Provisions Applying to Military Service Members, Veterans, and Spouses

Current through Reg. 49, No. 28; July 12, 2024
(a) Substantial
				  Equivalency Determination. In accordance with §
										55.004 of the
				  Occupations Code, the licensing requirements for a license to practice
				  psychology in another jurisdiction will be considered substantially equivalent
				  to Texas' requirements if the other jurisdiction's requirements meet or exceed
				  the following criteria:
(1) Licensed
				  Specialist in School Psychology.
(A) The
				  completion of a training program in school psychology that has been approved or
				  accredited by the American Psychological Association or the National
				  Association of School Psychologists, or completion of a master's degree in
				  psychology with specific course work similar to the coursework required in the
				  Council's rules; and
(B) Passage of
				  the School Psychology Examination.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 21 - TEXAS STATE BOARD OF EXAMINERS OF PSYCHOLOGIST › Chapter 463 - APPLICATIONS AND EXAMINATIONS › Subchapter D - SPECIALTY CERTIFICATIONS › Section 463.25 - Health Service Psychologist Specialty Certification

Current through Reg. 49, No. 28; July 12, 2024
(a) Health Service Psychologist (HSP) is a
				  specialty certification from the Council available to Texas licensed
				  psychologists who are listed in the National Register of Health Service
				  Psychologists.
(b) The Council will
				  issue the HSP specialty certification to actively licensed psychologists upon
				  receipt of proof from the National Register that the licensee currently holds
				  the HSP credential from the National Register.
(c) The HSP specialty certification by the
				  Council must be renewed in connection with the person's license. Renewal of the
				  HSP specialty certification requires payment of the renewal fee established by
				  the Council.