reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 13 - TEXAS COMMISSION ON FIRE PROTECTION › Chapter 401 - ADMINISTRATIVE PRACTICE AND PROCEDURE › Subchapter F - CONTESTED CASES › Section 401.61 - Record

Current through Reg. 49, No. 28; July 12, 2024
(a) The record in a contested case includes
				  the matters listed in the APA, Government Code, §
										2001.060.
(b) Proceedings, or any part of them, shall
				  be transcribed on written request of any party. The party requesting the
				  proceeding to be transcribed shall make the initial payment for the
				  transcription. Ultimately, however, the commission or Agency Chief has the
				  authority to assess, in addition to an administrative penalty, the costs of
				  transcribing the administrative hearing.
(c) Appeal. The costs of transcribing the
				  testimony and preparing the record for an appeal by judicial review shall be
				  paid by the party who appeals.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 13 - TEXAS COMMISSION ON FIRE PROTECTION › Chapter 401 - ADMINISTRATIVE PRACTICE AND PROCEDURE › Subchapter F - CONTESTED CASES › Section 401.63 - Final Decision and Orders

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Commission action. A copy of the final decision or order shall be delivered or
				  mailed to any party and to the attorney of record.
(b) Recorded. All final decisions and orders
				  shall be in writing. A final order shall include findings of fact and
				  conclusions of law, separately stated.
(c) Changes stated in final order. If the
				  hearings officer's proposed findings of fact or conclusions of law are
				  modified, the final order shall reflect the specific reason and legal basis for
				  each change made.
(d) In general.
				  Any party aggrieved of a final decision or order of the executive director in a
				  contested case may appeal to the commission after the decision or order
				  complained of is final. An appeal to the commission for review of action of the
				  executive director shall be made within 30 days from the date that the writing
				  evidencing the official action or order complained of is final and appealable,
				  but for good cause shown, the commission may allow an appeal after that date. A
				  motion for rehearing is not a prerequisite for an appeal to the
				  commission.
(e) Oral argument. On
				  the request of any party, the commission may allow oral argument prior to the
				  final determination of an appeal of a decision or order of the executive
				  director.
(f) If the executive
				  director's final decision or order is appealed to the commission, the matter
				  shall be set for the next available commission meeting and the commission shall
				  take action in open session. A copy of the commission decision shall be
				  delivered or mailed to any party and to the attorney of record.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 13 - TEXAS COMMISSION ON FIRE PROTECTION › Chapter 401 - ADMINISTRATIVE PRACTICE AND PROCEDURE › Subchapter F - CONTESTED CASES › Section 401.67 - Motions for Rehearing

Current through Reg. 49, No. 28; July 12, 2024
(a) In the absence
				  of a finding of imminent peril, a motion for rehearing is a prerequisite to a
				  judicial appeal. A motion for rehearing must be filed by a party within 20 days
				  after the date the party representative is notified of the final decision or
				  order.
(b) Replies to a motion for
				  rehearing must be filed with the agency within 30 days after the date the party
				  representative is notified of the final decision or order.
(c) Agency action on the motion for rehearing
				  must be taken within 45 days after the date a party representative is notified
				  of the final decision or order. If agency action is not taken within the 45-day
				  period, the motion for rehearing is overruled by operation of law 45 days after
				  the date the party representative is notified of the final decision or
				  order.
(d) The commission may rule
				  on a motion for rehearing at a meeting or by mail, telephone, telegraph,
				  facsimile transmission, or another suitable means of communication. The motion
				  shall be deemed overruled by operation of law, unless a majority of the
				  commissioners serving vote to grant the motion within the time provided by law
				  for ruling on the motion for rehearing.
(e) The agency may, by written order, extend
				  the period of time for filing the motions or replies and taking agency action,
				  except that an extension may not extend the period for agency action beyond 90
				  days after the date a party representative is notified of the final order or
				  decision.
(f) In the event of an
				  extension, the motion for rehearing is overruled by operation of law on the
				  date fixed by the order, or in the absence of a fixed date, 90 days after the
				  date the party representative is notified of the final decision or
				  order.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 13 - TEXAS COMMISSION ON FIRE PROTECTION › Chapter 401 - ADMINISTRATIVE PRACTICE AND PROCEDURE › Subchapter G - CONDUCT AND DECORUM, SANCTIONS, AND PENALTIES › Section 401.105 - Administrative Penalties

Current through Reg. 49, No. 28; July 12, 2024
(a) Following the
				  hearing the administrative law judge shall issue a proposal for decision
				  containing findings of facts and conclusions of law. While the administrative
				  law judge may recommend a sanction, findings of fact and conclusions of law are
				  inappropriate for sanction recommendations, and sanction recommendations in the
				  form of findings of fact and conclusions of law are an improper application of
				  applicable law and these rules. In all cases, the commission or Agency Chief
				  has the discretion to impose the sanction that best accomplishes the
				  commission's legislatively-assigned enforcement goals. The commission or Agency
				  Chief is the ultimate arbiter of the proper penalty.
(b) The commission, acting through the Agency
				  Chief may, after notice and hearing required by Government Code, Chapter 2001,
				  Administrative Procedure Act, impose an order requiring payment of an
				  administrative penalty or monetary forfeiture in an amount not to exceed $1,000
				  for each violation of Government Code, Chapter 419, or rule promulgated there
				  under, as provided by Government Code, §
										419.906.
(c) In determining the amount of the
				  administrative penalty or monetary forfeiture the commission or the Agency
				  Chief shall consider:
(1) the seriousness of
				  the violation, including but not limited to the nature, circumstances, extent,
				  and gravity of the prohibited act, and the hazard or potential hazard created
				  to the health and safety of the public;
(2) the economic damage to property or the
				  public's interests or confidences caused by the violation;
(3) the history of previous
				  violations;
(4) any economic
				  benefit gained through the violation;
(5) the amount necessary to deter future
				  violations;
(6) the demonstrated
				  good faith of the person, including efforts taken by the alleged violator to
				  correct the violation;
(7) the
				  economic impact of imposition of the penalty or forfeiture on the person;
				  and
(8) any other matters that
				  justice may require.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 13 - TEXAS COMMISSION ON FIRE PROTECTION › Chapter 401 - ADMINISTRATIVE PRACTICE AND PROCEDURE › Subchapter H - REINSTATEMENT › Section 401.111 - Application for Reinstatement of License or Certificate

Current through Reg. 49, No. 28; July 12, 2024
(a) At the expiration of one year from the
				  date of revocation or suspension, or upon the conclusion of any specified
				  period of suspension, the commission may consider a request for reinstatement
				  by the former licensee or certificate holder (applicant).
(b) The request for reinstatement must be
				  submitted to the commission office in writing and should include a short and
				  plain statement of the reasons why the applicant believes the license should be
				  reinstated.
(c) Upon denial of any
				  application for reinstatement, the commission may not consider a subsequent
				  application until the expiration of one year from the date of denial of the
				  prior application.
(d) In taking
				  action to revoke or suspend a license or certificate, the commission may, in
				  its discretion, specify the terms and conditions upon which reinstatement shall
				  be considered.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 13 - TEXAS COMMISSION ON FIRE PROTECTION › Chapter 401 - ADMINISTRATIVE PRACTICE AND PROCEDURE › Subchapter H - REINSTATEMENT › Section 401.113 - Evaluation for Reinstatement

Current through Reg. 49, No. 28; July 12, 2024
In considering reinstatement of a suspended or revoked
					 license or certificate, the commission will evaluate:
(1) the severity of the act which resulted in
				  revocation or suspension of the license or certificate;
(2) the conduct of the applicant subsequent
				  to the revocation or suspension of the license or certificate;
(3) the lapse of time since revocation or
				  suspension;
(4) the degree of
				  compliance with all conditions the commission may have stipulated as a
				  prerequisite for reinstatement;
(5)
				  the degree of rehabilitation attained by the applicant as evidenced by sworn
				  notarized statements sent directly to the commission from qualified people who
				  have personal and professional knowledge of the applicant; and
(6) the applicant's present qualifications to
				  perform duties regulated by the commission.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 13 - TEXAS COMMISSION ON FIRE PROTECTION › Chapter 401 - ADMINISTRATIVE PRACTICE AND PROCEDURE › Subchapter H - REINSTATEMENT › Section 401.115 - Procedure upon Request for Reinstatement

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  An applicant for reinstatement of a revoked or suspended license or certificate
				  must personally appear before an administrative law judge designated by the
				  commission at a scheduled date and time to show why the license or certificate
				  should be reinstated.
(b) Upon
				  submission of proof of past revocation or suspension of the applicant's license
				  or certificate, the applicant has the burden of proof to show present fitness
				  and/or rehabilitation to perform duties regulated by the commission.
(c) Upon receipt of a written request for
				  reinstatement as required by §
										401.111
				  of this title (relating to Application for Reinstatement of License or
				  Certificate), the applicant will be notified of a date and time of an
				  appearance before the administrative law judge.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 13 - TEXAS COMMISSION ON FIRE PROTECTION › Chapter 401 - ADMINISTRATIVE PRACTICE AND PROCEDURE › Subchapter H - REINSTATEMENT › Section 401.117 - Commission Action Possible upon Reinstatement

Current through Reg. 49, No. 28; July 12, 2024
After evaluation, the commission may:
(1) deny reinstatement of a suspended or
				  revoked license or certificate;
(2)
				  reinstate a suspended or revoked license or certificate and probate the
				  practitioner for a specified period of time under specific
				  conditions;
(3) authorize
				  reinstatement of the suspended or revoked license or certificate;
(4) require the satisfactory completion of a
				  specific program of remedial education approved by the commission;
				  and/or
(5) reinstate a suspended or
				  revoked license or certificate after verification through examination of
				  required knowledge and skills appropriate to the suspended or revoked license
				  or certificate. All applicable procedures shall be followed and all applicable
				  fees shall be paid.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 13 - TEXAS COMMISSION ON FIRE PROTECTION › Chapter 401 - ADMINISTRATIVE PRACTICE AND PROCEDURE › Subchapter H - REINSTATEMENT › Section 401.119 - Failure To Appear for Reinstatement

Current through Reg. 49, No. 28; July 12, 2024
An applicant for reinstatement of a revoked or suspended
					 license or certificate who makes a commitment to appear before the
					 administrative law judge, and fails to appear at a hearing set with notice by
					 the agency, shall not be authorized to appear before the administrative law
					 judge before the expiration of six months. For good cause shown, the Agency
					 Chief may authorize an exception to this rule.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 13 - TEXAS COMMISSION ON FIRE PROTECTION › Chapter 401 - ADMINISTRATIVE PRACTICE AND PROCEDURE › Subchapter I - NOTICE AND PROCESSING PERIODS FOR CERTIFICATE APPLICATIONS › Section 401.121 - Purpose of Establishing Time Periods

Current through Reg. 49, No. 28; July 12, 2024
In order to minimize delays, this subchapter establishes
					 time periods within which the commission shall review and process certificate
					 applications efficiently and provides for an appeal process should the agency
					 violate these periods in accordance with the Government Code, Chapter
					 2005.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 13 - TEXAS COMMISSION ON FIRE PROTECTION › Chapter 401 - ADMINISTRATIVE PRACTICE AND PROCEDURE › Subchapter I - NOTICE AND PROCESSING PERIODS FOR CERTIFICATE APPLICATIONS › Section 401.123 - Notice of Deficiency

Current through Reg. 49, No. 28; July 12, 2024
Written notice that an application is deficient must be
					 mailed to the applicant or delivered by such means as will reasonably provide
					 actual notice.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 13 - TEXAS COMMISSION ON FIRE PROTECTION › Chapter 401 - ADMINISTRATIVE PRACTICE AND PROCEDURE › Subchapter I - NOTICE AND PROCESSING PERIODS FOR CERTIFICATE APPLICATIONS › Section 401.125 - Processing Periods

Current through Reg. 49, No. 28; July 12, 2024
(a) Notice to
				  applicant. Within 30 days from receipt of an application for a certificate or
				  approval issued pursuant to the Government Code, Chapter 419, the agency shall
				  determine a filing to be complete or deficient and issue written notice in
				  accordance with §
										401.123 of
				  this title (relating to Notice of Deficiency) to the applicant regarding the
				  status of the application.
(1) Complete
				  application.
(A) The written notice for a
				  complete application shall state that the application is complete and accepted
				  for filing and shall advise the applicant of the time period in which the
				  agency must deny or approve the application unless such information has
				  previously been provided to the applicant.
(B) For purposes of this section, an
				  application is complete upon agency determination that it is in compliance with
				  the content and form prescribed by the agency.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 13 - TEXAS COMMISSION ON FIRE PROTECTION › Chapter 401 - ADMINISTRATIVE PRACTICE AND PROCEDURE › Subchapter I - NOTICE AND PROCESSING PERIODS FOR CERTIFICATE APPLICATIONS › Section 401.127 - Appeal

Current through Reg. 49, No. 28; July 12, 2024
(a) Hearing.
(1) Notice. An applicant who does not receive
				  notice as to the complete or deficient status of a certificate application
				  within the period established in this subchapter for such application may
				  petition for a hearing to review the matter.
(2) Processing. An applicant whose permit is
				  not approved or denied within the period established in this subchapter for
				  such certificate may petition for a hearing to review the matter.
(3) Procedure. A hearing under this section
				  shall be in accordance with the Administrative Procedure Act and Subchapter E
				  of this chapter (relating to Contested Cases).
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 13 - TEXAS COMMISSION ON FIRE PROTECTION › Chapter 401 - ADMINISTRATIVE PRACTICE AND PROCEDURE › Subchapter J - CHARGES FOR PUBLIC RECORDS › Section 401.129 - Charges for Public Records

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  commission is subject to Texas Government Code, Chapter 552, Texas Public
				  Information Act. The Act gives the public the right to request access to
				  government information.
(b) The
				  commission adopts by reference Title 1, Part 13, Chapter 70, Cost of Copies of
				  Public Information, as promulgated by the Office of the Attorney
				  General.
(c) The Agency Chief may
				  waive or reduce a charge for copies when furnishing the information benefits to
				  the general public.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 13 - TEXAS COMMISSION ON FIRE PROTECTION › Chapter 401 - ADMINISTRATIVE PRACTICE AND PROCEDURE › Subchapter K - HISTORICALLY UNDERUTILIZED BUSINESSES › Section 401.131 - Historically Underutilized Businesses

Current through Reg. 49, No. 28; July 12, 2024
The commission adopts by reference Title 34, Part 1,
					 Chapter 20, Texas Procurement and Support Services, Subchapter B, Historically
					 Underutilized Business Program, as promulgated by the Comptroller of Public
					 Accounts.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 13 - TEXAS COMMISSION ON FIRE PROTECTION › Chapter 403 - CRIMINAL CONVICTIONS AND ELIGIBILITY FOR CERTIFICATION › Section 403.1 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
(a) The purpose of this chapter is to
				establish policy, procedures and criteria on the eligibility of persons with a
				criminal conviction for a certificate or renewal of a certificate issued by the
				Texas Commission on Fire Protection (the commission) and to establish
				procedures for suspension, probation, revocation, or denial of a certificate
				held or applied for by persons with a criminal conviction pursuant to Chapter
				53, Texas Occupations Code.
(b) The
				duties and responsibilities of persons who hold certifications issued by the
				commission each involve matters that directly relate to public safety,
				specifically to the reduction of loss of life and property from fire. Thus,
				conduct involving the injury to a person or the destruction of property by
				fire, relates directly to the fitness of the individual to be fire protection
				personnel. Fire protection personnel often have access to areas not generally
				open to the public. The public relies on the honesty, trustworthiness, and
				reliability of persons certified by the commission. Thus, crimes involving
				moral turpitude, including, but not limited to, fraud and dishonesty, are
				directly relevant. In addition, the ability of such persons to function
				unimpaired by alcohol or the illegal use of drugs, in dangerous or potentially
				dangerous circumstances, including, but not limited to, the operation of
				emergency vehicles is paramount in light of the duty to protect the health and
				safety of the public.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 13 - TEXAS COMMISSION ON FIRE PROTECTION › Chapter 403 - CRIMINAL CONVICTIONS AND ELIGIBILITY FOR CERTIFICATION › Section 403.3 - Scope

Current through Reg. 49, No. 28; July 12, 2024
(a) The policy and
				procedures established in this chapter apply to a person who holds or applies
				for any certificate issued under the commission's regulatory authority
				contained in Government Code, Chapter 419.
(b) When a person is convicted of a crime of
				a sexual nature, the conviction of which would require the individual to be
				registered as a sex offender under Chapter
				62 of the
				Code of Criminal Procedure; or
(c)
				When a person is convicted of a crime that is an offense under Title 7 of the
				Texas Penal Code, or a similar offense under the laws of the United States of
				America, another state, or another jurisdiction, the person's conduct directly
				relates to the competency and reliability of the person to assume and discharge
				the responsibilities of fire protection personnel. Such conduct includes, but
				is not limited to, intentional or knowing conduct, without a legal privilege,
				which causes or is intended to cause a fire or explosion with the intent to
				injure or kill any person or animal or to destroy or damage any property. The
				commission may:
(1) deny a person the
				opportunity to be examined for a certificate;
(2) deny the application for a
				certificate;
(3) grant the
				application for a new certificate with the condition that a probated suspension
				be placed on the newly granted certificate;
(4) refuse to renew a certificate;
(5) suspend, revoke, or probate the
				suspension or revocation of an existing certificate; or
(6) limit the terms or practice of a
				certificate holder to areas prescribed by the commission.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 13 - TEXAS COMMISSION ON FIRE PROTECTION › Chapter 403 - CRIMINAL CONVICTIONS AND ELIGIBILITY FOR CERTIFICATION › Section 403.5 - Access to Criminal History Record Information

Current through Reg. 49, No. 28; July 12, 2024
(a) Criminal
				history record. The commission is entitled to obtain criminal history record
				information maintained by the Department of Public Safety, or another law
				enforcement agency to investigate the eligibility of a person applying to the
				commission for or holding a certificate.
(b) Confidentiality of information. All
				information received under this section is confidential and may not be released
				to any person outside the agency except in the following instances:
(1) a court order;
(2) with written consent of the person being
				investigated;
(3) in a criminal
				proceeding; or
(4) in a hearing
				conducted under the authority of the commission.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 13 - TEXAS COMMISSION ON FIRE PROTECTION › Chapter 403 - CRIMINAL CONVICTIONS AND ELIGIBILITY FOR CERTIFICATION › Section 403.7 - Criminal Convictions Guidelines

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				following crimes are considered to relate directly to the ability, capacity,
				and fitness required to perform the duties and discharge the responsibilities
				of persons certified by the commission:
(1)
				offenses under the Government Code, Chapter 419, relating to the Texas
				Commission on Fire Protection;
(2)
				offenses under the Texas Transportation Code Title 6 Roadways, which are
				punishable by fines greater than $200, or imprisonment, or both fine and
				imprisonment;
(3) offenses under
				the Health and Safety Code, Chapter 481, concerning controlled
				substances;
(4) offenses under the
				Health and Safety Code, Chapter 483, concerning dangerous drugs;
(5) offenses under the following titles of
				the Texas Penal Code:
(A) Title 5--offenses
				against the person;
(B) Title
				6--offenses against the family;
(C)
				Title 7--offenses against property;
(D) Title 8--offenses against public
				administration;
(E) Title
				9--offenses against public order and decency;
(F) Title 10--offenses against public health,
				safety and morals;
(G) Title
				11--offenses involving organized crime; and
(H) Title 4--inchoate offenses Chapter 15
				preparatory offenses to any of the offenses in this section;
(6) the offenses listed in this
				subsection are not inclusive, in that the commission may consider other
				particular crimes in special cases in order to promote the intent of the
				statutes administered by the commission.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 13 - TEXAS COMMISSION ON FIRE PROTECTION › Chapter 403 - CRIMINAL CONVICTIONS AND ELIGIBILITY FOR CERTIFICATION › Section 403.9 - Mitigating Factors

Current through Reg. 49, No. 28; July 12, 2024
(a) In addition to
				the factors that must be considered under §
									403.7
				of this title (relating to Criminal Convictions Guidelines), in determining the
				present fitness of a person who has been convicted of a crime, the commission
				shall consider the following evidence:
(1)
				the extent and nature of the person's past criminal activity;
(2) the age of the person at the time of the
				commission of the crime;
(3) the
				amount of time that has elapsed since the person's last criminal
				activity;
(4) the conduct and work
				activity of the person prior to and following the criminal activity;
(5) evidence of the person's rehabilitation
				or rehabilitative effort while incarcerated or following release; and
(6) other evidence of the person's present
				fitness, including letters of recommendation from:
(A) prosecution, law enforcement, and
				correctional officers who prosecuted, arrested, or had custodial responsibility
				for the person;
(B) the sheriff or
				chief of police in the community where the person resides; and
(C) any other persons in contact with the
				convicted person.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 13 - TEXAS COMMISSION ON FIRE PROTECTION › Chapter 403 - CRIMINAL CONVICTIONS AND ELIGIBILITY FOR CERTIFICATION › Section 403.11 - Procedures for Suspension, Revocation, or Denial of a Certificate to Persons with Criminal Backgrounds

Current through Reg. 49, No. 28; July 12, 2024
(a) If the
				commission proposes to suspend, revoke, limit, or deny a certificate based on
				the criteria in this chapter, the commission shall notify the individual per
				Government Code, Chapter 2001. The notice of intended action shall specify the
				facts or conduct alleged to warrant the intended action.
(b) If the proposed action is to limit,
				suspend, revoke, or refuse to renew a current certificate, or deny an
				application for a new certificate, a written notice of intended action shall
				comply with the preliminary notice requirements of Government Code §
									2001.054(c).
				The individual may request, in writing, an informal conference with the
				commission staff in order to show compliance with all requirements of law for
				the retention of the certificate, pursuant to Government Code §
									2001.054(c).
				A written request for an informal staff conference must be submitted to the
				division director no later than 15 days after the date of the notice of
				intended action. If the informal staff conference does not result in an agreed
				consent order, a formal hearing shall be conducted in accordance with the
				Administrative Procedure Act, Government Code, Chapter 2001.
(c) If the individual does not request an
				informal staff conference or a formal hearing in writing within the time
				specified in this section, the individual is deemed to have waived the
				opportunity for a hearing, and the proposed action will be taken.
(d) If the commission limits, suspends,
				revokes, or denies a certificate under this chapter, a written notice shall be
				provided to the person that includes:
(1) the
				reasons for the decision;
(2) that
				the person may appeal the decision to the commission in accordance with §
										401.63
				of this title (relating to Final Decision and Orders) within 30 days from the
				date the decision is final and appealable;
(3) that the person, after exhausting
				administrative appeals, may file an action in a district court of Travis
				County, Texas, for judicial review of the evidence presented to the commission
				and its decision; and that such petition must be filed with the court no later
				than 30 days after the commission action is final and appealable.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 13 - TEXAS COMMISSION ON FIRE PROTECTION › Chapter 403 - CRIMINAL CONVICTIONS AND ELIGIBILITY FOR CERTIFICATION › Section 403.15 - Report of Convictions by an Individual or a Department

Current through Reg. 49, No. 28; July 12, 2024
(a) A certificate
				holder must report to the commission, any conviction, other than a minor
				traffic offense (Class C misdemeanor) under the laws of this state, another
				state, the United States, or a foreign country, within 14 days of the
				conviction date.
(b) A regulated
				entity or local government entity shall report to the commission, any
				conviction of a certificate holder other than a minor traffic offense (class C
				misdemeanor) under the laws of this state, another state, the United States, or
				foreign country, that it has knowledge of, within 14 days of the conviction
				date.
(c) A certificate holder is
				subject to suspension, revocation, or denial of any or all certifications for
				violation of the requirements of subsection (a) of this section. Each day may
				be considered a separate offense.
(d) A regulated entity or government entity
				regulated by the commission violating subsection (b) of this section may be
				subject to administrative penalties of up to $500. Each day may be considered a
				separate offense.
(e) Notification
				may be made by mail, e-mail, or in-person to the Texas Commission on Fire
				Protection (TCFP) Austin office. TCFP Form #014 shall be used.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 13 - TEXAS COMMISSION ON FIRE PROTECTION › Chapter 421 - STANDARDS FOR CERTIFICATION › Section 421.1 - Procedures for Meetings

Current through Reg. 49, No. 28; July 12, 2024
The Commission may maintain advisory committees and ad hoc
				  committees to assist with rulemaking, curriculum development, and the
				  performance of the Commission's duties. Rules related to these committees are
				  outlined in the 37 Texas Administrative Code (TAC), Chapter 463, Advisory
				  Committees, Practices and Procedures.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 13 - TEXAS COMMISSION ON FIRE PROTECTION › Chapter 421 - STANDARDS FOR CERTIFICATION › Section 421.5 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in the Standards
				  Manual, shall have the following meanings, unless the context clearly indicates
				  otherwise.
(1) Admission to
				employment--An entry level full-time employee of a local government entity in
				one of the categories of fire protection personnel.
(2) Appointment--The designation or
				assignment of a person to a discipline regulated by the commission. The types
				of appointments are:
(A) permanent
				appointment--the designation or assignment of certified fire protection
				personnel or certified part time fire protection employees to a particular
				discipline (See Texas Government Code, Chapter 419, §
										419.032);
				and
(B) probationary or temporary
				appointment--the designation or assignment of an individual to a particular
				discipline, except for head of a fire department, for which the individual has
				passed the commission's certification and has met the medical requirement of
				§
										423.1(c)
				of this title (relating to Minimum Standards for Structure Fire Protection
				Personnel), if applicable, but has not yet been certified. (See Texas
				Government Code, Chapter, §
										419.032.)
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 13 - TEXAS COMMISSION ON FIRE PROTECTION › Chapter 421 - STANDARDS FOR CERTIFICATION › Section 421.9 - Designation of Fire Protection Duties

Current through Reg. 49, No. 28; July 12, 2024
(a) An
				individual who performs one or more fire protection duties, listed in the Texas
				Government Code, §
									419.021(3)(C),
				for a fire department of local government entity shall be designated to only
				one of the following categories:
(1) fire
				protection personnel;
(2) a
				part-time fire protection employee; or
(3) a volunteer fire fighter or other
				auxiliary fire fighter.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 13 - TEXAS COMMISSION ON FIRE PROTECTION › Chapter 421 - STANDARDS FOR CERTIFICATION › Section 421.11 - Requirement to Be Certified Within One Year

Current through Reg. 49, No. 28; July 12, 2024
(a) Except for subsection (c) and (d) of this
				section, fire protection personnel or part-time fire protection employees of a
				fire department who are appointed duties identified as fire protection
				personnel duties must be certified by the commission in the discipline(s) to
				which they are assigned within one year of their appointment to the duties or
				within two years of successfully passing the applicable commission examination,
				whichever is less. The commission shall not approve an initial certification
				for a regulated discipline until it has reviewed and approved a person's
				fingerprint-based criminal history record. An individual who accepts
				appointment(s) in violation of this section shall be removed from the
				appointment(s) and will be subject to administrative penalties. A department or
				local government that appoints an individual in violation of this section will
				also be subject to administrative penalties.
(b) An individual who has been removed from
				appointment to duties identified as fire protection personnel duties for
				violation of this section must petition the commission in writing for
				permission to be reappointed to the duties from which they were removed. The
				petition will be considered only if the individual has obtained all appropriate
				certification(s) applicable to the duties to which the individual seeks
				reappointment.
(c) A military
				spouse may be appointed to fire protection personnel duties with a regulated
				fire department without being required to obtain the applicable certification,
				provided the military spouse submits the following to the commission prior to
				appointment and has received confirmation of approval from the commission:
(1) notification to the commission of intent
				to perform regulated fire protection duties;
(2) documentation of equivalent certification
				from another jurisdiction;
(3) a
				fingerprint-based criminal history record using the commission approved
				system;
(4) proof of residency in
				Texas; and
(5) a copy of the
				individual's military identification card.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 13 - TEXAS COMMISSION ON FIRE PROTECTION › Chapter 421 - STANDARDS FOR CERTIFICATION › Section 421.13 - Individual Certificate Holders

Current through Reg. 49, No. 28; July 12, 2024
(a)
				Employment is not mandatory for certification. An individual may hold or renew
				any certificate issued by the commission for which they maintain their
				qualifications.
(b) An individual
				certificate holder must notify the commission of a change of his or her home
				address within 14 calendar days of a change of address.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 13 - TEXAS COMMISSION ON FIRE PROTECTION › Chapter 421 - STANDARDS FOR CERTIFICATION › Section 421.15 - Extension of Training Period

Current through Reg. 49, No. 28; July 12, 2024
A fire department may apply to the commission for an
				  extension of the one-year training period, identified in §
									419.032(c)
				  of the Government Code, for a time period not exceeding two years from the date
				  of original appointment as follows:
(1) the request for extension shall be placed
				on the Fire Fighter Advisory Committee's (FFAC's) agenda to be heard at its
				next regular or special called meeting after submission of the
				request;
(2) after review by the
				FFAC, the application along with the FFAC's recommendations will be sent to the
				commission to be heard at its next regular meeting. If the request for
				extension is approved by the commission, the extension shall become effective
				immediately; and
(3) the one-year
				extension of training time, if granted, shall run from the date of forfeiture
				and removal or, at the latest, from one year after the original date training
				began, whichever occurs first.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 13 - TEXAS COMMISSION ON FIRE PROTECTION › Chapter 421 - STANDARDS FOR CERTIFICATION › Section 421.17 - Requirement to Maintain Certification

Current through Reg. 49, No. 28; July 12, 2024
(a) All
				full-time or part-time employees of a fire department or local government
				assigned duties identified as fire protection personnel duties must maintain
				certification by the commission in the discipline(s) to which they are assigned
				for the duration of their assignment.
(b) In order to maintain the certification
				required by this section, the certificate(s) of the employees must be renewed
				annually by complying with §
									437.5 of this title (relating to
				Renewal Fees) and Chapter 441 of this title (relating to Continuing Education)
				of the commission standards manual.
(c) Except for subsection (d) of this
				section, or upon determination by the Agency Chief when special circumstances
				are presented, an individual whose certificate has been expired for greater
				than one year but no longer than five years, may renew their certification once
				they comply with the CE requirements for the period of time their certification
				was inactive, as outlines in 37 TAC, Chapter 441, Continuing Education, and
				they pay all applicable certification renewal fees for the period of time that
				their certification was inactive, as required in 37 TAC, Chapter 437, Fees.
				Individuals whose certification has been expired longer than five years, may
				not renew the certificate previously held. To obtain a new certification, an
				individual must meet the requirements in Chapter 439 of this title (relating to
				Examinations for Certification).
(d) A military service member whose
				certificate has been expired for three years or longer may not renew the
				certificate previously held. To obtain a new certification, the person must
				meet the requirements in Chapter 439 of this title. In order to qualify for
				this provision, the individual must have been a military service member at the
				time the certificate expired and continued in that status for the duration of
				the three-year period.
(e) The
				commission will provide proof of current certification to individuals whose
				certification has been renewed.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 13 - TEXAS COMMISSION ON FIRE PROTECTION › Chapter 423 - FIRE SUPPRESSION › Subchapter A - MINIMUM STANDARDS FOR STRUCTURE FIRE PROTECTION PERSONNEL CERTIFICATION › Section 423.1 - Minimum Standards for Structure Fire Protection Personnel

Current through Reg. 49, No. 28; July 12, 2024
(a) Fire protection personnel who are
				  appointed to structure fire protection duties must be certified by the
				  commission within one year from the date of their appointment.
(b) Prior to being appointed to structure
				  fire protection duties, personnel must:
(1)
				  complete a commission approved basic structure fire protection program;
				  and
(2) successfully pass the
				  commission examination as required by §
											423.3
				  of this title (relating to Minimum Standards for Basic Structure Fire
				  Protection Personnel Certification); and
(3) successfully complete a commission
				  recognized emergency medical training program. The commission recognizes the
				  following emergency medical training:
(A)
				  Department of State Health Services Emergency Medical Service Personnel
				  certification training;
(B) an
				  American Red Cross Emergency Response course, including the optional lessons
				  and enrichment sections;
(C) an
				  American Safety and Health Institute First Responder course;
(D) National Registry of Emergency Medical
				  Technicians certification; or
(E)
				  medical training deemed equivalent by the
				  commission.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 13 - TEXAS COMMISSION ON FIRE PROTECTION › Chapter 423 - FIRE SUPPRESSION › Subchapter A - MINIMUM STANDARDS FOR STRUCTURE FIRE PROTECTION PERSONNEL CERTIFICATION › Section 423.3 - Minimum Standards for Basic Structure Fire Protection Personnel Certification

Current through Reg. 49, No. 28; July 12, 2024
In order to be certified as Basic Structure Fire Protection
					 Personnel, an individual must:
(1)
				  possess valid documentation from the International Fire Service Accreditation
				  Congress or the National Board on Fire Service Professional Qualifications
				  issued by the Texas A&M Engineering Extension Service using the 2008 or
				  later edition of the NFPA standard applicable to this discipline and meeting
				  the requirements specified in §
										439.1 of
				  this title (relating to Requirements--General) as:
(A) Fire Fighter I, Fire Fighter II,
				  Hazardous Materials Awareness Level Personnel; and
(B) Hazardous Materials Operations Level
				  Responders including the Mission-Specific Competencies for Personal Protective
				  Equipment and Product Control under the current edition; or
(C) NFPA 472 Hazardous Materials Operations
				  prior to the 2008 edition; and
(D)
				  meet the medical requirements outlined in §
											423.1
				  of this title (relating to Minimum Standards for Structure Fire Protection
				  Personnel); or
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 13 - TEXAS COMMISSION ON FIRE PROTECTION › Chapter 423 - FIRE SUPPRESSION › Subchapter A - MINIMUM STANDARDS FOR STRUCTURE FIRE PROTECTION PERSONNEL CERTIFICATION › Section 423.5 - Minimum Standards for Intermediate Structure Fire Protection Personnel Certification

Current through Reg. 49, No. 28; July 12, 2024
(a) Applicants
				  for Intermediate Structure Fire Protection Personnel certification must
				  complete the following requirements:
(1) hold,
				  as a prerequisite, a Basic Structure Fire Protection Personnel certification as
				  defined in §
											423.3
				  of this title (relating to Minimum Standards for Basic Structure Fire
				  Protection Personnel Certification); and
(2) acquire a minimum of four years of fire
				  protection experience and complete the training listed in one of the following
				  options:
(A) Option 1--Successfully complete
				  six semester hours of fire science or fire technology from an approved Fire
				  Protection Degree Program and submit documentation as required by the
				  commission that the courses comply with subsections (b) and (c) of this
				  section; or
(B) Option
				  2--Completion of coursework from either the A-List or the B-List courses.
				  Acceptable combinations of courses are as follows: two A-List courses; or eight
				  B-List courses; or one A-List course and four B-List courses. (See the
				  exception outlined in subsection (c) of this section); or
(C) Option 3--Completion of coursework from
				  either the A-List or the B-List courses in combination with college courses in
				  fire science or fire protection. Acceptable combinations of courses are three
				  semester hours meeting the requirements of Option 1, with either one A-List
				  course or four B-List courses (See the exception outlined in subsection (c) of
				  this section).
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 13 - TEXAS COMMISSION ON FIRE PROTECTION › Chapter 423 - FIRE SUPPRESSION › Subchapter A - MINIMUM STANDARDS FOR STRUCTURE FIRE PROTECTION PERSONNEL CERTIFICATION › Section 423.7 - Minimum Standards for Advanced Structure Fire Protection Personnel Certification

Current through Reg. 49, No. 28; July 12, 2024
(a) Applicants
				  for Advanced Structure Fire Protection Personnel certification must complete
				  the following requirements:
(1) hold as a
				  prerequisite an Intermediate Structure Fire Protection Personnel certification
				  as defined in §
											423.5
				  of this title (relating to Minimum Standards for Intermediate Structure Fire
				  Protection Personnel Certification); and
(2) acquire a minimum of eight years of fire
				  protection experience and complete the training listed in one of the following
				  options:
(A) Option 1--Successfully complete
				  six semester hours of fire science or fire technology from an approved Fire
				  Protection Degree Program and submit documentation as required by the
				  commission that the courses comply with subsections (b) and (c) of this
				  section; or
(B) Option
				  2--Completion of coursework from either the A-List or the B-List courses.
				  Acceptable combinations of courses are as follows: two A-List courses; or eight
				  B-List courses; or one A-List course and four B-List courses. (See the
				  exception outlined in subsection (c) of this section); or
(C) Option 3--Completion of coursework from
				  either the A-List or the B-List courses in combination with college courses in
				  fire science or fire protection. Acceptable combinations of courses are three
				  semester hours meeting the requirements of Option 1 with either one A-List
				  course or four B-List courses (See the exception outlined in subsection (c) of
				  this section).
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 13 - TEXAS COMMISSION ON FIRE PROTECTION › Chapter 423 - FIRE SUPPRESSION › Subchapter A - MINIMUM STANDARDS FOR STRUCTURE FIRE PROTECTION PERSONNEL CERTIFICATION › Section 423.9 - Minimum Standards for Master Structure Fire Protection Personnel Certification

Current through Reg. 49, No. 28; July 12, 2024
(a) Applicants
				  for Master Structure Fire Protection Personnel certification must complete the
				  following requirements:
(1) hold as a
				  prerequisite an Advanced Structure Fire Protection Personnel certification as
				  defined in §
											423.7
				  of this title (relating to Minimum Standards for Advanced Structure Fire
				  Protection Personnel Certification); and
(2) acquire a minimum of twelve years of fire
				  protection experience, and 60 college semester hours or an associate degree,
				  which includes at least 18 college semester hours in fire science
				  subjects.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 13 - TEXAS COMMISSION ON FIRE PROTECTION › Chapter 423 - FIRE SUPPRESSION › Subchapter A - MINIMUM STANDARDS FOR STRUCTURE FIRE PROTECTION PERSONNEL CERTIFICATION › Section 423.11 - Higher Levels of Certification

Current through Reg. 49, No. 28; July 12, 2024
(a) An
				  individual may receive higher levels of certification in structure fire
				  protection while being assigned to another discipline, provided all
				  requirements for the higher level or levels of certification are met.
(b) Repetitive training cannot be used toward
				  higher levels of certification.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 13 - TEXAS COMMISSION ON FIRE PROTECTION › Chapter 423 - FIRE SUPPRESSION › Subchapter A - MINIMUM STANDARDS FOR STRUCTURE FIRE PROTECTION PERSONNEL CERTIFICATION › Section 423.13 - International Fire Service Accreditation Congress (IFSAC) Seal

Current through Reg. 49, No. 28; July 12, 2024
(a) Individuals completing a
				  commission-approved basic structure fire protection program, meeting any other
				  NFPA requirement, and passing the applicable commission examination(s) may be
				  granted IFSAC seal(s) for Hazardous Materials Awareness Level Personnel,
				  Hazardous Materials Operations Level Responders (including the Mission-Specific
				  Competencies for Personal Protective Equipment and Product Control), Fire
				  Fighter I, and/or Fire Fighter II by making application to the commission for
				  the IFSAC seal(s) and paying applicable fees, provided they meet the following
				  provisions:
(1) To receive the IFSAC Hazardous
				  Materials Awareness Level Personnel seal, the individual must:
(A) complete the Hazardous Materials
				  Awareness section of a commission-approved course; and
(B) pass the Hazardous Materials Awareness
				  section of a commission examination.