Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 295 - OCCUPATIONAL HEALTH › Subchapter I - TEXAS ENVIRONMENTAL LEAD REDUCTION › Section 295.205 - Certification: Applications, Denials, and Renewals

Current through Reg. 49, No. 28; July 12, 2024
(a) General requirements. Applications for initial or renewal certification
											  under these sections must be made on the appropriate forms provided by the Texas Department of Health
											  (department). The application shall be signed by the applicant and must be accompanied by a check or money
											  order, made payable to the Texas Department of Health, for the amount of the initial or renewal certification
											  fee. Only applications that are complete shall be considered by the department; the duty to meet all
											  requirements for certification rests with the applicant. For specific requirements for the various
											  certification disciplines, refer to the sections applicable to that discipline relating to certification
											  requirements.
(b) Inquiries. Potential applicants who wish to
											  discuss or obtain information concerning qualification requirements may do so by calling the department's
											  Environmental Lead Program at (512) 834-6612 or (888) 778-9440 (toll-free in Texas). The applicant may also
											  visit the program's website at http://www.tdh.state.tx.us/beh/lead to obtain information and to download
											  forms.
(c) Denials. The department may deny an application for
											  initial or renewal certification if the applicant fails to meet the standards established by these sections.
											  If a time period is specified, applicants may not reapply for that period.
(1) past history of assessed penalties from violations of these sections by
											  the applicant and/or the applicant's employees or agents--three years;
(2) evidence that the applicant cannot be legally employed in the United
											  States;
(3) fraud, misrepresentation, or deception in obtaining,
											  attempting to obtain, or renewing a certificate--three years;
(4)
											  failure to submit the required appropriate documentation within 60 days of a written request by the
											  department for consideration toward granting certification;
(5)
											  failure to submit the required fee for initial certification or when renewing a certification, including any
											  additionally required late fees within 60 days of a written request;
(6) failure to maintain or to permit inspection of the records required of
											  all certified persons--one year;
(7) employing or permitting an
											  unauthorized person or individual to work on any lead project or operation--one year;
(8) engaging in or attempting to engage in a lead-related activity without
											  a valid certification--three years;
(9) failure to comply with
											  any rule adopted by the board or order issued by the department--one year;
(10) failure to meet the terms of reciprocity as described in §
											295.215(a) of this title (relating
											  to Reciprocity);
(11) conviction within the past five years of a
											  felony or a misdemeanor related to conditions for which a person engaged in lead activities--three
											  years;
(12) failure of a certified person to complete their
											  responsibilities during a lead project or operation due to insufficient financial resources--three
											  years;
(13) failure to prevent lead contamination of areas
											  adjacent to the abatement area--three years;
(14) failure to pass
											  the state certification examination with a score of at least 70% correct in no more than three attempts
											  within six months of completing the appropriate training course(s);
(15) engaging in cheating practices on any state certification
											  examination--three years;
(16) failure to provide a certification
											  application with an original signature of the applicant (not photocopied, facsimiled, or electronically
											  reproduced);
(17) failure to successfully complete the required
											  appropriate training course(s) from a department-accredited training program provider for consideration
											  toward granting certification;
(18) failure to successfully
											  complete the required appropriate refresher training course(s) from a department-accredited training program
											  provider for consideration toward granting renewal certification;
(19) failure to successfully complete the required appropriate refresher
											  training course(s) from a department-accredited training program provider no sooner than 180 days prior to
											  the certification's expiration date or within one year beyond the certification expiration date;
(20) failure to submit a complete renewal certification application within
											  one year beyond the three-year certification expiration date of the previous certification;
(21) failure to submit a complete initial certification application within
											  six months after passing the state certification examination with a score of at least 70% correct;
(22) failure to submit a complete initial certification application,
											  including documentation of any additionally required refresher training course(s), within one year after
											  completing the additionally required refresher training course, and within three years of passing the state
											  certification examination with a score of at least 70% correct; or
(23) failure to submit a complete initial certification application,
											  including documentation of any additionally required refresher training course(s), within one year after
											  completing the additionally required refresher training course(s), and within three years of completing the
											  original training course.