reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 296 - TEXAS ASBESTOS HEALTH PROTECTION › Subchapter F - LICENSE AND REGISTRATION FEES › Section 296.91 - Fees

Current through Reg. 49, No. 28; July 12, 2024
(a) All applicable fees must be paid to DSHS before DSHS issues a
											  registration or license.
(b) For all initial and renewal
											  applications, DSHS is authorized to collect subscription and convenience fees, in amounts determined by the
											  Texas Department of Information Resources pursuant to Texas Government Code §
										2054.252 (relating to State Electronic Internet
											  Portal Project), to recover costs associated with electronic application and renewal application
											  processing.
(c) The fees, not including subscription and
											  convenience fees, are as follows:
(1) asbestos abatement contractor initial
											  or renewal--$1,070;
(2) asbestos abatement supervisor initial or
											  renewal--$400;
(3) asbestos abatement worker initial or
											  renewal--$65;
(4) asbestos air monitoring technician initial or
											  renewal--$99;
(5) asbestos air monitoring technician project
											  monitor initial or renewal--$400
(6) asbestos consultant initial
											  or renewal--$645;
(7) asbestos consultant agency initial or
											  renewal--$430;
(8) asbestos inspector initial or
											  renewal--$130;
(9) asbestos laboratory initial or
											  renewal--$430;
(10) asbestos management planner initial or
											  renewal--$260;
(11) asbestos management planner agency initial or
											  renewal--$430;
(12) asbestos operations and maintenance
											  contractor initial or renewal--$260;
(13) asbestos operations and
											  maintenance supervisor initial or renewal--$225;
(14) asbestos
											  project manager initial or renewal--$320;
(15) asbestos training
											  provider initial or renewal--$963;
(16) asbestos transporter
											  initial or renewal--$430;
(17) reimbursement processing for fee
											  overpayment--$50;
(18) approval of additional training
											  course--$100;
(19) examination--$25;
(20) identification card replacement--$20;
(21) license replacement--$20;
(22) name change--$20;
(23)
											  returned check--$30;
(24) special examination
											  request--$50;
(25) provisional asbestos abatement
											  supervisor--$185;
(26) provisional asbestos abatement
											  worker--$30;
(27) provisional asbestos inspector--$60;
											  and
(28) provisional asbestos management
											  planner--$120.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 296 - TEXAS ASBESTOS HEALTH PROTECTION › Subchapter F - LICENSE AND REGISTRATION FEES › Section 296.92 - Late Fees

Current through Reg. 49, No. 28; July 12, 2024
A person who does not submit a timely renewal application must pay
													 the late fee, as required under paragraph (1) or (2) of this section, as applicable, if the person is
													 eligible to renew the license under § 296.42(e) of this chapter (relating to Initial and Renewal
													 Applications). A renewal application is considered timely if the application, fee, and all required documents
													 are received by DSHS or postmarked before the license expires. If the application, fee, or required documents
													 are deficient and the deficiency is not resolved before the license expires, the renewal application is not
													 timely and is subject to the following late fees:
(1) If a person's
											  license has been expired for one to 90 days, the person's renewal application must be accompanied by a
											  renewal fee that is equal to 1.5 times the normally required renewal fee.
(2) If a person's license has been expired for more than 90 days, but less
											  than a year, the person's renewal application must be accompanied by a renewal fee that is equal to two times
											  the normally required renewal fee.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 296 - TEXAS ASBESTOS HEALTH PROTECTION › Subchapter F - LICENSE AND REGISTRATION FEES › Section 296.93 - Dishonored Payment Device

Current through Reg. 49, No. 28; July 12, 2024
(a) An application is incomplete if an applicant submits the application
											  fee by a payment device that is not honored by the issuing financial institution. No later than 30 days after
											  the date of DSHS's notice of the dishonored payment, the applicant must submit to DSHS a money order or
											  cashier's check in the amount of the dishonored payment device, plus the fee of $30 for each dishonored
											  payment device.
(b) If DSHS has issued a license obtained with a
											  dishonored payment device and the person does not pay the full amount due by the 30-day payment deadline
											  specified in DSHS's notice, the person is in violation of this chapter and subject to enforcement action,
											  including license revocation and administrative penalties, as described in Subchapter Q of this chapter
											  (relating to Compliance).
(c) If an applicant has taken an
											  examination, DSHS must receive full payment of all applicable fees before releasing the examination score or
											  approving the initial license.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 296 - TEXAS ASBESTOS HEALTH PROTECTION › Subchapter F - LICENSE AND REGISTRATION FEES › Section 296.94 - Reimbursement of Fees

Current through Reg. 49, No. 28; July 12, 2024
(a) Application fees paid to DSHS are not transferable and may be
											  reimbursed only if:
(1) fee amounts are paid in excess of the required fee,
											  including as a result of an error in the online payment system, and DSHS deducts an administrative fee, as
											  specified in § 296.91(c)(17) of this chapter (relating to Fees) and subscription and convenience fees,
											  as specified in § 296.91(b) of this chapter from an excess payment before issuing a refund; or
(2) an application is not processed within the time periods described in
											  § 296.42(b) of this chapter (relating to Initial and Renewal Applications).
(A) In that event, the applicant has the right to request reimbursement of
											  the application fee in writing.
(B) A request for reimbursement
											  may be denied if DSHS does not determine that the applicable time period has been exceeded or finds that
											  there was good cause for exceeding the time period.
(C) Good
											  cause for exceeding the time period exists if:
(i) the number of license
											  applications to be processed exceeds the number of applications processed in the same calendar quarter of the
											  preceding year by 15% or more;
(ii) DSHS relies on another public
											  or private entity to process all or part of the application process and that entity causes the delay;
											  or
(iii) any other condition exists that gives DSHS good cause
											  for exceeding the time period.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 296 - TEXAS ASBESTOS HEALTH PROTECTION › Subchapter G - STATE LICENSING EXAMINATION › Section 296.111 - General Examination Provisions

Current through Reg. 49, No. 28; July 12, 2024
(a) Each license applicant, except an asbestos abatement worker applicant,
											  must pass the examination for the license type for which the applicant is applying to qualify for a license
											  as required in § 296.46(b)(5) of this chapter (relating to Initial and Renewal Licensure Requirements
											  for an Individual). The examination is provided in the English language and translation of the examination to
											  another language is not allowed.
(b) A passing examination score
											  may not be used to obtain more than one license, except as provided in § 296.46(e) of this
											  chapter.
(c) An applicant must submit all documents and fees
											  necessary to complete the licensing process within three years after passing the required examination. If the
											  applicant does not complete the licensing process within three years, the applicant must prepare and submit a
											  new application with the application fee and retake the examination.
(d) DSHS approval to take an examination lapses and is no longer valid if
											  an applicant:
(1) fails to take a scheduled examination; or
(2) does not take an examination within six months after submitting the
											  application.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 296 - TEXAS ASBESTOS HEALTH PROTECTION › Subchapter G - STATE LICENSING EXAMINATION › Section 296.112 - Examination Schedule

Current through Reg. 49, No. 28; July 12, 2024
DSHS publishes all scheduled examination dates and locations on its
													 website. DSHS may cancel or reschedule examinations when necessary. A request to take an examination on a
													 date not listed on the schedule must be submitted to DSHS in writing with the applicable fee for a special
													 examination request, as required in § 296.91 of this chapter (relating to Fees). DSHS may approve or
													 deny the request at its discretion.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 296 - TEXAS ASBESTOS HEALTH PROTECTION › Subchapter G - STATE LICENSING EXAMINATION › Section 296.113 - Examination Qualifications

Current through Reg. 49, No. 28; July 12, 2024
(a) An individual must complete all required training courses from a
											  DSHS-licensed training provider or a training provider approved by another state that administers training in
											  accordance with the MAP, before applying to take an examination.
(b) An individual who has completed all required training in another state
											  must meet the requirements in § 296.44 of this chapter (relating to Out-of-State Applicants).
(c) A copy of all required initial and refresher training certificates
											  proving current accreditation must be submitted with the examination application.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 296 - TEXAS ASBESTOS HEALTH PROTECTION › Subchapter G - STATE LICENSING EXAMINATION › Section 296.114 - Examination Registration and Confirmation

Current through Reg. 49, No. 28; July 12, 2024
(a) To apply to take an examination, an applicant must submit a completed
											  examination application, the examination fee outlined in § 296.91 of this chapter (relating to Fees),
											  and documentation of all required training courses at least 15 calendar days before the desired examination
											  date.
(b) Submission of an application does not guarantee
											  approval or admission for a specific examination. If the applicant meets all requirements to take the
											  applicable examination, DSHS will attempt to schedule the applicant for the requested date and location, but
											  space limitations may require DSHS to offer an examination date and location other than the requested
											  selection.
(c) Upon approval of an examination request, DSHS will
											  email, fax, or mail an examination confirmation letter to the applicant with the date, location, and time of
											  the examination.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 296 - TEXAS ASBESTOS HEALTH PROTECTION › Subchapter G - STATE LICENSING EXAMINATION › Section 296.115 - Examination Admittance and Conduct

Current through Reg. 49, No. 28; July 12, 2024
(a) To enter the test site, the examinee must present the examination
											  confirmation letter from DSHS and a government-issued photo identification.
(b) If an examinee fails to follow the proctor's instructions regarding
											  conduct, the proctor may terminate that individual's examination by collecting the examination materials and
											  asking the individual to leave. The examination fee is not refundable. An examination that has been
											  terminated as a result of an examinee's conduct counts as a failed examination attempt.
(c) If an examinee's conduct involves an act of dishonesty, DSHS may
											  withdraw the examination confirmation letter, impose administrative penalties, revoke any license the
											  examinee holds under this chapter, or deny the license application that applies to the examination.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 296 - TEXAS ASBESTOS HEALTH PROTECTION › Subchapter G - STATE LICENSING EXAMINATION › Section 296.116 - Grading Examinations and Reporting Scores

Current through Reg. 49, No. 28; July 12, 2024
(a) A grade of 70% must be achieved for an examinee to pass the
											  examination.
(b) DSHS notification to the examinee of the
											  examination result of an examination graded or reviewed by DSHS is sent to the examinee no later than 30
											  working days after the examination is administered.
(c) DSHS
											  notification to the examinee of the examination result of an examination graded or reviewed by a testing
											  service is sent to the examinee no later than 14 days after DSHS receives the result. If DSHS does not
											  receive notice of the examination result from the testing service within 30 working days after the
											  examination is administered, DSHS notification of the reason for the delay is sent to the examinee no later
											  than 90 days after the examination is administered. DSHS may require a testing service to notify an examinee
											  of the results directly.
(d) Instructions regarding
											  re-examination accompany DSHS notice to the examinee of a failing grade.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 296 - TEXAS ASBESTOS HEALTH PROTECTION › Subchapter G - STATE LICENSING EXAMINATION › Section 296.117 - Re-examination

Current through Reg. 49, No. 28; July 12, 2024
An individual applying for re-examination must submit a new
													 examination application and pay the required fee. An applicant may take a maximum of two re-examinations
													 after failing the initial examination. Re-examination must occur within one year after the previous
													 examination. An applicant who fails the state examination three times per license category must repeat the
													 initial training course or courses, as applicable, for the intended license and submit a new examination
													 application.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 296 - TEXAS ASBESTOS HEALTH PROTECTION › Subchapter G - STATE LICENSING EXAMINATION › Section 296.118 - Analysis of Examination Performance

Current through Reg. 49, No. 28; July 12, 2024
An examinee may obtain an analysis of the examinee's performance on
													 a failed examination upon written request to DSHS. The request must be made within one year after the
													 examination date.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 296 - TEXAS ASBESTOS HEALTH PROTECTION › Subchapter I - ACCREDITATION › Section 296.151 - Accreditation for Asbestos-Related Activities in a Commercial Building

Current through Reg. 49, No. 28; July 12, 2024
(a) Activities. In a commercial building, a
											  person must be appropriately accredited as an asbestos abatement worker, asbestos contractor/supervisor,
											  asbestos project designer, asbestos project monitor, or asbestos inspector, in accordance with the MAP to
											  engage in the activities for that accredited discipline, including:
(1)
											  work, supervision, or design to carry out any of the following activities:
(A) a response action other than an SSSD activity;
(B) a maintenance activity that disturbs friable ACBM, other than an SSSD
											  activity; or
(C) a response action for a major fiber release
											  episode;
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 296 - TEXAS ASBESTOS HEALTH PROTECTION › Subchapter J - EXEMPTIONS › Section 296.171 - Removal of Resilient Floor-Covering Material

Current through Reg. 49, No. 28; July 12, 2024
The license and registration requirements in this chapter do not
													 apply to a person who is performing or supervising resilient floor-covering material removal in a public
													 building using work practices for that activity published by the Resilient Floor Covering Institute (RFCI
													 work practices) or other methods determined by the commissioner to provide public health protection from
													 asbestos exposure and who otherwise complies with §1954.104 of the Act and § 296.231 of this
													 chapter (relating to Alternative Practices and Procedures for Removal of Asbestos-Containing Resilient
													 Floor-Covering Material in a Public Building). This includes the removal of an asbestos-containing mastic
													 that is adhered to non-asbestos-containing flooring material.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 296 - TEXAS ASBESTOS HEALTH PROTECTION › Subchapter J - EXEMPTIONS › Section 296.172 - Emergency Abatement

Current through Reg. 49, No. 28; July 12, 2024
In a catastrophic emergency affecting public health or safety that
													 results from a sudden, unexpected event that requires unplanned emergency asbestos abatement, DSHS, upon
													 receipt of oral or written notification of the emergency, as required in § 296.251 of this chapter
													 (relating to Notifications), may waive the requirement for a license for that emergency
													 abatement.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 296 - TEXAS ASBESTOS HEALTH PROTECTION › Subchapter K - ASBESTOS MANAGEMENT IN A PUBLIC BUILDING, COMMERCIAL BUILDING, OR FACILITY › Section 296.191 - Asbestos Management in a Public Building, Commercial Building, or Facility

Current through Reg. 49, No. 28; July 12, 2024
(a) Public building owner responsibilities.
(1) The public building owner is responsible for compliance with this
											  chapter in relation to the presence, condition, disturbance, renovation, demolition, and disposal of any ACBM
											  and ACWM that is encountered in the construction, operations, maintenance, or furnishing of that public
											  building, including when the building is under management by others.
(2) Before operations and maintenance, renovation, or demolition, the
											  public building owner is required to have an asbestos survey performed, identify the presence of asbestos,
											  and have ACBM that may be disturbed by the operations and maintenance, renovation, or demolition activity
											  abated, as required in this chapter.
(3) The public building
											  owner must fulfill the following obligations, either personally or through the building owner's authorized
											  representative, including when the building is under management by others:
(A) inform anyone who performs any type of construction, maintenance,
											  installation, repairs, custodial services, renovation, or demolition work in the owner's building of:
(i) the presence and location of ACBM before the start of any
											  asbestos-related activity;
(ii) that the ACBM could be disturbed
											  or dislodged by those activities; and
(iii) that the person
											  conducting those activities must arrange for proper handling of ACBM and ACWM;
(B) hire or otherwise permit only a person holding the required license to
											  perform asbestos-related activity in the building;
(C) require
											  each person described under subparagraph (B) of this paragraph to comply with all applicable requirements of
											  this chapter;
(D) ensure compliance with this chapter during
											  periods of vacancy; and
(E) confirm that the regulated area meets
											  the clearance level of 0.01 f/cc before reoccupancy of that area.
(4) The building owner or the building owner's authorized representative
											  may provide the information described in paragraph (3) of this subsection in writing or through documented
											  oral communication.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 296 - TEXAS ASBESTOS HEALTH PROTECTION › Subchapter L - GENERAL REQUIREMENTS, AND PRACTICES AND PROCEDURES FOR ASBESTOS ABATEMENT IN A PUBLIC BUILDING › Section 296.211 - General Requirements for Asbestos Abatement in a Public Building

Current through Reg. 49, No. 28; July 12, 2024
(a) Responsibility. The public building owner or
											  the owner's delegated agent must engage persons licensed as required in this chapter to perform any
											  asbestos-related activity.
(b) Project supervision and
											  monitoring.
(1) Every asbestos abatement project undertaken by a licensed
											  asbestos abatement contractor in a public building under this section must be supervised by at least one
											  licensed asbestos abatement supervisor and monitored by a licensed asbestos consultant or the consultant's
											  designated licensed project manager or licensed asbestos air monitoring technician project monitor (AMT/PM).
											  Except as described in the following subparagraphs, these supervisory and monitoring requirements extend to
											  all projects performed in a public building under Subchapter K of this chapter (relating to Asbestos
											  Management in a Public Building, Commercial Building, or Facility), Subchapter L of this chapter (relating to
											  General Requirements, and Practices and Procedures for Asbestos Abatement in a Public Building), and
											  Subchapter M of this chapter (relating to Alternative Asbestos Practices and Procedures in a Public
											  Building).
(A) A licensed asbestos consultant or a licensed project manager
											  or licensed AMT/PM designated by the consultant is not required to monitor or assess an SSSD O&M activity
											  conducted under § 296.213 of this chapter (relating to Asbestos Operations and Maintenance (O&M)
											  Practices and Procedures for O&M Licensees in a Public Building), except that, for a project involving
											  the use of a mini-containment, visual clearance must be performed by a licensed asbestos consultant or a
											  licensed project manager or licensed AMT/PM designated by the consultant and third-party air clearance
											  monitoring must be performed by a licensed air monitoring technician (AMT), licensed AMT/PM, or a licensed
											  asbestos consultant before the mini-containment is removed.
(B)
											  An asbestos abatement supervisor, consultant, or designated project manager or AMT/PM licensed under this
											  chapter is not required to supervise, monitor, or assess, as applicable, a project conducted in accordance
											  with § 296.231 of this chapter (relating to Alternative Practices and Procedures for Removal of
											  Asbestos-Containing Resilient Floor-Covering Material in a Public Building).
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 296 - TEXAS ASBESTOS HEALTH PROTECTION › Subchapter L - GENERAL REQUIREMENTS, AND PRACTICES AND PROCEDURES FOR ASBESTOS ABATEMENT IN A PUBLIC BUILDING › Section 296.213 - Asbestos Operations and Maintenance (O&M) Practices and Procedures for O&M Licensees in a Public Building

Current through Reg. 49, No. 28; July 12, 2024
(a) Restrictions. An O&M licensee is limited to performing the
											  practices and procedures described in this section for O&M activities in a public building that involve
											  friable and nonfriable ACBM and are SSSD activities. These activities are subject to the following
											  conditions:
(1) the practices and procedures must be performed by
											  individuals licensed or registered to perform the applicable activity and supervised by a licensed O&M
											  supervisor or a licensed asbestos abatement supervisor;
(2) an
											  asbestos O&M licensee may perform or supervise, as applicable, an SSSD O&M activity following the
											  practices and procedures described in this section;
(3) if the
											  practices and procedures are supervised by an O&M supervisor, the public building must be under the
											  control of the O&M supervisor's employer who is a licensed asbestos O&M contractor or a licensed
											  asbestos abatement contractor;
(4) a larger project must not be
											  broken down into smaller projects or tasks in order to qualify under this section as an SSSD O&M project
											  to circumvent the restricted applicability of this section or other applicable requirements of this
											  chapter;
(5) an activity conducted under, or a licensee or public
											  building owner acting under, this section remains subject to all applicable requirements of § 296.191 of
											  this chapter (relating to Asbestos Management in a Public Building, Commercial Building, or Facility),
											  including, without limitation, the requirement of an asbestos survey performed by an individual licensed to
											  conduct it and the requirement to provide DSHS with written notification, as required in § 296.251 of
											  this chapter (relating to Notifications) and § 296.211 of this chapter (relating to General Requirements
											  for Asbestos Abatement in a Public Building); and
(6) the
											  practices and procedures described in this section do not limit and must be used only to the extent that they
											  are consistent with the requirements of any other applicable law, including
											  29 CFR §
												1926.1101
											  (relating to Asbestos).
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 296 - TEXAS ASBESTOS HEALTH PROTECTION › Subchapter M - ALTERNATIVE ASBESTOS PRACTICES AND PROCEDURES IN A PUBLIC BUILDING › Section 296.231 - Alternative Practices and Procedures for Removal of Asbestos-Containing Resilient Floor-Covering Material in a Public Building

Current through Reg. 49, No. 28; July 12, 2024
(a) General provisions. As specified in § 296.171 of this chapter
											  (relating to Removal of Resilient Floor-Covering Material), the licensing and registration requirements of
											  this chapter do not apply to a person who is performing or supervising the removal of resilient
											  floor-covering material in a public building as required in this section. Such removal must:
(1) be performed using work practices for that activity published by the
											  Resilient Floor Covering Institute (RFCI work practices) at the time of the activity and supervised by an
											  individual (RFCI supervisor) who meets the requirements of subsection (c) of this section who is responsible
											  for ensuring that RFCI work practices and the requirements of this section are followed; or
(2) be performed using other methods determined by the commissioner to
											  provide public health protection from asbestos exposure, in accordance with §1954.104 of the
											  Act.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 296 - TEXAS ASBESTOS HEALTH PROTECTION › Subchapter M - ALTERNATIVE ASBESTOS PRACTICES AND PROCEDURES IN A PUBLIC BUILDING › Section 296.232 - Alternative Asbestos Abatement Practices and Procedures for Certain Nonfriable Asbestos-Containing Building Material (ACBM) in a Public Building

Current through Reg. 49, No. 28; July 12, 2024
(a) Scope and limitations.
(1) The
											  alternative work practices under subsection (b) of this section may be used for the removal of the following
											  intact, nonfriable ACBM:
(A) any packing;
(B) any gaskets; and
(C) any
											  cements and mastics.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 296 - TEXAS ASBESTOS HEALTH PROTECTION › Subchapter M - ALTERNATIVE ASBESTOS PRACTICES AND PROCEDURES IN A PUBLIC BUILDING › Section 296.233 - Alternative Asbestos Practices and Procedures for Small Projects and Repetitive Tasks in a Public Building

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose.
											  The purpose of this section is to describe the requirements that must be met to permit a small project or
											  repetitive task described under this section to be performed without containment in a public
											  building.
(b) Scope and limitations.
(1) This section applies only to a maintenance or installation project or
											  task:
(A) that is incident to another activity that has a primary purpose
											  other than asbestos abatement;
(B) that disturbs 10 square feet
											  or less of ACBM for each small project or task; and
(C) that is
											  the same task performed by licensees without deviation from a documented procedure as described in subsection
											  (c) of this section, and with material containing the same type and similar content of
											  asbestos.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 296 - TEXAS ASBESTOS HEALTH PROTECTION › Subchapter M - ALTERNATIVE ASBESTOS PRACTICES AND PROCEDURES IN A PUBLIC BUILDING › Section 296.234 - Alternative Practices and Procedures for Removal of Whole Components of Intact Asbestos-Containing Material (ACM) in a Public Building

Current through Reg. 49, No. 28; July 12, 2024
(a) Scope and limitations.
(1) Eligible
											  activities. The alternative work practices described in the following subparagraphs may be used for the
											  removal of the following intact ACM if the conditions of paragraph (2) of this subsection are met and the
											  work practices required under subsection (b) of this section are followed. Other requirements of §
											  296.212 of this chapter (relating to Standard Asbestos Abatement Practices and Procedures in a Public
											  Building) are not mandatory for the following activities:
(A) removal of an
											  asbestos cement sheet or wall panel by unbolting or unscrewing and removing the whole sheet or panel
											  intact;
(B) removal of a lab-type asbestos cement desktop by
											  either unbolting or unscrewing and removing the whole desktop intact;
(C) removal of a nonfriable countertop or backsplash by completely removing
											  the whole unit intact;
(D) removal of a window unit with window
											  glazing, if the window glazing is secured with tape or a similar material before removal, and the whole
											  window unit with window glazing is removed intact;
(E) picking up
											  one or more loose floor tiles that have become completely disassociated from the floor and are either whole
											  or slightly broken, but which are still intact and not RACM;
(F)
											  picking up a loose miscellaneous nonfriable item, such as a roll of linoleum, a loose gasket, or a loose
											  shingle;
(G) removal of a fire door with asbestos-containing
											  insulation from its hinges by removing the whole door, including its hardware, intact;
(H) removal of any other nonfriable building component by removing it as a
											  whole component and keeping it intact; and
(I) removal of any
											  packings, gaskets and mastics by removing them whole and intact, if not otherwise removed using the alternate
											  method described in § 296.232 of this chapter (relating to Alternative Asbestos Abatement Practices and
											  Procedures for Certain Nonfriable Asbestos-Containing Building Material (ACBM) in a Public
											  Building).
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 296 - TEXAS ASBESTOS HEALTH PROTECTION › Subchapter N - NOTIFICATIONS › Section 296.251 - Notifications

Current through Reg. 49, No. 28; July 12, 2024
(a) General provisions. DSHS must be notified using DSHS's online asbestos
											  notification system on its website or on a form specified by DSHS of any asbestos abatement or demolition, as
											  required in paragraphs (1) and (2) of this subsection. Notification must be made to DSHS no fewer than 10
											  working days before commencement of the activity. Submitting the notification form online on DSHS's website
											  or by hard copy meets the requirements for notification to DSHS under both NESHAP and this chapter. The
											  notification form must be properly completed and submitted as required in this section.
(1) Public buildings. DSHS must be notified of any demolition of a public
											  building whether or not asbestos has been identified. DSHS must be notified of any asbestos abatement within
											  a public building. Notification must be submitted as required in this section.
(2) Facilities. For all facilities, including commercial buildings that are
											  not otherwise subject to this chapter as public buildings, DSHS must be notified of any demolition of a
											  facility, whether or not asbestos has been identified. DSHS must be notified of any renovation operation if
											  the combined amount of RACM to be stripped, removed, dislodged, cut, drilled, or similarly disturbed meets or
											  exceeds the NESHAP threshold, in accordance with 40 CFR
											  §
												61.145 (relating to Standard for demolition and renovation) of 160
											  square feet of surface area, 260 linear feet of pipe length, or 35 cubic feet off facility components where
											  the length or area could not be measured. Notification must be submitted in accordance with
											  NESHAP.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 296 - TEXAS ASBESTOS HEALTH PROTECTION › Subchapter O - INSPECTIONS AND INVESTIGATIONS › Section 296.271 - Inspections and Investigations

Current through Reg. 49, No. 28; July 12, 2024
(a) DSHS has the right to inspect or investigate the practices of any
											  person involved with asbestos abatement or asbestos-related activity in a public building, commercial
											  building, or facility.
(b) A DSHS representative is not required
											  to provide advance notice of, or seek permission to conduct, any asbestos-related inspection or
											  investigation.
(c) In order to inspect and investigate for
											  compliance with this chapter, a DSHS representative, upon presenting a DSHS identification (ID) card, has the
											  right to:
(1) enter at all reasonable times:
(A) any notified, actual, or former site of an asbestos-related
											  activity;
(B) if used to store records, the premises of a
											  licensee under this chapter or the central location where asbestos records are maintained as required in
											  § 296.291 of this chapter (relating to Recordkeeping); or
(C) any containment, facility or building, construction site, storage area,
											  storage area of a transport vehicle, or office area;
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 296 - TEXAS ASBESTOS HEALTH PROTECTION › Subchapter Q - COMPLIANCE › Section 296.311 - Disciplinary Action

Current through Reg. 49, No. 28; July 12, 2024
DSHS has the authority to enforce this chapter, the Act, and an
													 order issued under the Act. DSHS may:
(1) suspend or revoke an
											  accreditation;
(2) suspend an accreditation on an emergency
											  basis;
(3) deny an application for license or
											  registration;
(4) suspend or revoke a license or
											  registration;
(5) reprimand a licensee or registrant;
(6) modify or refuse to renew a license or registration;
(7) suspend a license or registration on an emergency basis;
(8) place on probation a person whose license or registration is
											  suspended;
(9) impose an administrative penalty on a person
											  regulated under the Act;
(10) revoke or suspend approval of a
											  training course;
(11) suspend approval of a training course;
											  or
(12) suspend approval of a training course on an emergency
											  basis.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 296 - TEXAS ASBESTOS HEALTH PROTECTION › Subchapter Q - COMPLIANCE › Section 296.312 - Action Against an Accreditation

Current through Reg. 49, No. 28; July 12, 2024
(a) DSHS must revoke an accredited person or suspend or revoke an
											  accreditation for:
(1) performing work requiring accreditation on an
											  asbestos project without being in physical possession of current accreditation certificates;
(2) possessing another person's duplicate accreditation certificate,
											  permitting the duplication or use of one's own accreditation certificate by another, or failing to prevent
											  duplication or unauthorized use of an accreditation certificate;
(3) performing work without the required accreditation;
(4) obtaining accreditation from a training provider that does not have
											  approval to offer training for the particular accreditation type from EPA or from a state that has a
											  contractor accreditation plan at least as stringent as the MAP; or
(5) failing to pay a required or assessed fee, as required in this
											  chapter.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 296 - TEXAS ASBESTOS HEALTH PROTECTION › Subchapter Q - COMPLIANCE › Section 296.313 - Denial, Suspension, or Revocation of License or Reprimand of Licensee

Current through Reg. 49, No. 28; July 12, 2024
(a) DSHS may deny an application for a license or
											  registration, modify a license or registration, reprimand a licensee or registrant, suspend or revoke a
											  licensee or registration, or suspend a license or registration on an emergency basis if it finds that a
											  person regulated under the Act:
(1) has obtained or attempted to obtain a
											  license, registration, or contract to perform an asbestos-related activity by fraud, deception, submission of
											  a false statement or material misrepresentation, or submission of invalid documentation;
(2) has falsified a record or submitted or allowed to be submitted, a
											  falsified record required by a federal agency or by DSHS in connection with an asbestos-related activity or
											  licensure, registration, or accreditation for such an activity;
(3) has refused to provide information requested by DSHS; or
(4) has been convicted within the past five years of a felony or
											  misdemeanor arising from an asbestos-related activity;
(5) has
											  violated a federal or state law, rule, standard or order regarding asbestos-related activities, including any
											  violation of this chapter, the Act, or an order issued under the Act;
(6) has failed to maintain any record required by DSHS in connection with
											  an asbestos-related activity;
(7) has failed at any time to meet
											  the qualifications for a license or registration;
(8) has failed
											  to comply with the requirements of a probation period imposed under this subchapter; or
(9) has failed to pay a required or assessed fee, as required in this
											  chapter.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 296 - TEXAS ASBESTOS HEALTH PROTECTION › Subchapter Q - COMPLIANCE › Section 296.314 - Emergency Suspension

Current through Reg. 49, No. 28; July 12, 2024
(a) DSHS may suspend a license, registration, accreditation, or approval of
											  an asbestos training course on an emergency basis if DSHS determines that the public health, interest, or
											  welfare warrants immediate action.
(b) An emergency suspension is
											  effective immediately.
(c) The person whose license,
											  registration, accreditation, or approval of an asbestos training course is suspended under subsection (a) of
											  this section is entitled to an opportunity for a hearing no later than the 20th day after the date of the
											  emergency suspension order and in accordance with the Administrative Procedure Act, Texas Government Code,
											  Chapter 2001.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 296 - TEXAS ASBESTOS HEALTH PROTECTION › Subchapter Q - COMPLIANCE › Section 296.315 - Suspension of License under Texas Family Code Chapter 232

Current through Reg. 49, No. 28; July 12, 2024
(a) Every license or registration of a person who
											  is a licensee or registrant under this chapter is subject to suspension based upon a final order of a court
											  or the Office of the Attorney General, Child Support Division under Texas Family Code, Chapter 232 (relating
											  to Suspension of License) directing DSHS to suspend the person's license or registration.
(b) If DSHS receives an order described in subsection (a) of this section,
											  DSHS immediately determines if a license has been issued to the individual named on the order. If a license
											  has been issued, DSHS:
(1) records the suspension of the license in its
											  records; and
(2) reports and provides notice of the suspension,
											  as applicable and appropriate, to:
(A) the Office of the Attorney General,
											  Child Support Division, or court from which it received the order suspending license;
(B) the licensee; and
(C) any
											  current employer of the licensee or registrant, if known.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 296 - TEXAS ASBESTOS HEALTH PROTECTION › Subchapter Q - COMPLIANCE › Section 296.316 - Probation

Current through Reg. 49, No. 28; July 12, 2024
DSHS may place on probation a person whose license or registration
													 is suspended. If a suspension is probated, DSHS may require the person to:
(1) report regularly to DSHS on any matter that is the basis of the
											  probation;
(2) limit practice to one or more areas prescribed by
											  DSHS; or
(3) continue or review professional education until the
											  person demonstrates that the person has attained a degree of skill satisfactory to DSHS in those areas that
											  are the basis of the probation.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 296 - TEXAS ASBESTOS HEALTH PROTECTION › Subchapter Q - COMPLIANCE › Section 296.317 - Denial, Revocation, or Suspension of Approval of a Training Course

Current through Reg. 49, No. 28; July 12, 2024
DSHS may deny, revoke, or suspend approval for a training course
													 offered or taught by a DSHS-licensed training provider or instructor if the training course does not meet the
													 requirements of the MAP or this chapter, or if a training provider or instructor:
(1) makes a false statement, material misrepresentation, or is otherwise
											  deceptive in connection with an application for course approval;
(2) makes a false statement or material misrepresentation of the extent of
											  a training course's approval by DSHS, another state, or EPA;
(3)
											  refuses to provide information requested by DSHS in connection with training or a training course;
(4) fails to submit required information or a required course notification
											  in a timely manner;
(5) fails to maintain required
											  records;
(6) falsifies any accreditation record, instructor
											  qualification, or other accreditation information, or otherwise submits invalid documentation;
(7) fails to adhere to any training standard or requirement of the MAP or
											  an applicable State Accreditation Program;
(8) fails to pay a
											  required or assessed fee, as required under this chapter; or
(9)
											  violates any provision of the Act or this chapter related to training or any training course, including any
											  training duty or responsibility.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 296 - TEXAS ASBESTOS HEALTH PROTECTION › Subchapter Q - COMPLIANCE › Section 296.318 - Administrative Penalty

Current through Reg. 49, No. 28; July 12, 2024
(a) DSHS may impose an administrative penalty against a person who violates
											  this chapter, the Act, or an order issued under the Act or this chapter.
(b) The maximum administrative penalty is $10,000 per day, per violation.
											  DSHS may consider each day that a violation continues as a separate violation for purposes of imposing a
											  penalty.
(c) To determine the amount of the administrative
											  penalty, DSHS considers:
(1) the person's history of previous
											  violations;
(2) the seriousness of the violation;
(3) any hazard to the health and safety of the public;
(4) demonstrated good faith efforts to correct the violation and maintain
											  compliance; and
(5) any other matter that justice may require for
											  the violation.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 296 - TEXAS ASBESTOS HEALTH PROTECTION › Subchapter Q - COMPLIANCE › Section 296.319 - Revocation of Asbestos Abatement Supervisor's License

Current through Reg. 49, No. 28; July 12, 2024
(a) This section applies to an asbestos abatement
											  supervisor against whom DSHS has issued one or more final orders containing findings arising from three
											  complaints that the supervisor has violated the Act or this chapter.
(b) The license of an asbestos abatement supervisor described in subsection
											  (a) of this section is subject to revocation, as required in the Act and this chapter.
(c) When DSHS revokes a license as described in this section, DSHS issues a
											  worker registration to the person that expires six months after the date of issuance.
(d) After the registration expires, the person may reapply for a
											  license.