1. (a) The licensee shall:

   1. (1) if affiliated with a business, assign his or her license to one company or one permanent office of the company that will use the license;
   2. (2) be a bona fide employee or owner of the air conditioning and refrigeration contracting company and must work full time at the company or permanent office of the company;
   3. (3) use his license for one business affiliation and one permanent office at any one given time;
   4. (4) furnish the Department with his or her permanent mailing address and the name, physical address, and telephone number of the company; and
   5. (5) furnish to the Department copies of assumed name registrations from the Secretary of State and/or County Clerk's office.

2. (b) An Air Conditioning and Refrigeration Contracting Company shall:

   1. (1) notify the Department of all licensees who have assigned their licenses to the company, and shall notify the Department within ten business days when any licensee whose license is assigned to the company has left their employ;
   2. (2) furnish to the Department copies of assumed name registrations from the Secretary of State and/or County Clerk's office;
   3. (3) maintain records on their license holder showing payroll taxes deducted and reported to the Texas Workforce Commission, and either, hours worked each day or documentation showing that the licensee is on salary and works full time for the contracting company; and
   4. (4) furnish a copy of the company's records, specified in paragraph (3) of this subsection, at the request of the Department.

3. (c) A person or an air conditioning and refrigeration contracting company that performs air conditioning and refrigeration contracting shall:

   1. (1) provide proper installation, service, and mechanical integrity;
   2. (2) not misrepresent the need for services, services to be provided, or services that have been provided; and
   3. (3) not make a fraudulent promise or false statement to influence, persuade, or induce an individual or a company to contract for services.

4. (d) A licensee may subcontract portions of work requiring a license under the Act to unlicensed persons, firms, or corporations as long as:

   1. (1) the licensee actively provides work or service which requires a license, either in person or with the licensee's bona fide employees;
   2. (2) the work or service provided in person or with the licensee's bona fide employees consists of more than accepting a contract or request for service, scheduling the work, and providing supervision of the work; and
   3. (3) the licensee is ultimately responsible to the customer for all work performed by the subcontractor.
5. (e) The design of a system may not be subcontracted to an unlicensed person, firm or corporation.
6. (f) A licensee who subcontracts work requiring a license under the Act is responsible to the customer for all work performed by the subcontractor.
7. (g) Each air conditioning and refrigeration contracting company shall have a licensee employed full time in each permanent office from which work requiring a license under the Act is contracted and supervised. All work requiring a license under the Act shall be under the direct personal supervision of the licensee for that office.
8. (h) The licensee is responsible under the Act for all work performed under his/her supervision, regardless of whether or not the owners, officers, or managers of the air conditioning and refrigeration contracting company allow the licensee the authority to supervise, train, or otherwise control compliance with the Act.
9. (i) If an air conditioning and refrigeration contracting company uses locations other than a permanent office, those locations shall be used only to receive instructions from the permanent office on scheduling of work, to store parts and supplies, and/or to park vehicles. These locations may not be used to contract air conditioning sales or service. The air conditioning and refrigeration contracting company shall provide the address of these other locations to the Department no later than 30 days after the locations are established or changed.
10. (j) A licensee may not permit a person or any company with which his or her license is not affiliated, and by whom he or she is not employed, to use his or her license for any purpose.
11. (k) Each licensee and air conditioning and refrigeration contracting company shall display the license number and company name in letters not less than two inches high on both sides of all vehicles used in conjunction with air conditioning and refrigeration contracting. When an unlicensed subcontractor is at a job site not identified by a marked vehicle, the site shall be identified either by a temporary sign on the subcontractor's vehicle or on a sign visible and readable from the nearest public street containing the contractor's license number and company name.

12. (l) All advertising by licensees and air conditioning and refrigeration contracting companies designed to solicit air conditioning or refrigeration business shall include the licensee's license number. The following advertising does not require the license number:

    1. (1) nationally placed television advertising, in which a statement indicating that license numbers are available upon request is used in lieu of the licensee's license number;
    2. (2) telephone book listings that contain only the name, address, and telephone number;
    3. (3) manufacturers' and distributor's telephone book trade ads endorsing an air conditioning and refrigeration contractor;
    4. (4) telephone solicitations, provided the solicitor states that the company is licensed by the state. The license number must be provided upon request of a consumer.
    5. (5) promotional items of nominal value such as ball caps, tee shirts, and other gifts;
    6. (6) letterheads and printed forms for office use; and
    7. (7) signs located on the contractor's permanent business location.

13. (m) An invoice shall be provided to the consumer for all work performed. The company name, address, and phone number shall appear on all proposals and invoices. The licensee's license number shall appear on all proposals and invoices for that office. The following information: "Regulated by The Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, Texas 78711, 1-800-803-9202, 512-463-6599" shall be listed on:

    1. (1) proposals and invoices;
    2. (2) written contracts; and
    3. (3) a sign prominently displayed in the place of business if the consumer or service recipient may visit the place of business for service.
14. (n) A licensee or an air conditioning and refrigeration contracting company that also acts as a general contractor may provide a one-time notice stating the information above to customers for whom they provide services requiring a license under the Act.

15. (o) A licensee shall:

    1. (1) notify the Department, in writing, within ten days of any change in permanent mailing address, company location, company telephone number or change in assignment of license; and

    2. (2) if the information is printed on the license:

       1. (A) destroy the current original license;
       2. (B) pay the appropriate revision fee required in §75.80 of this title (relating to Fees); and
       3. (C) provide a revised insurance certificate to the Department within ten days of a change in the name or address of the company to which the license is assigned.
16. (p) The permanent address shall be considered the licensee's permanent mailing address and address of record. All correspondence from the Department will be mailed to that address.

Source Note:The provisions of this §75.70 adopted to be effective July 21, 1999, 24 TexReg 5469; amended to be effective March 7, 2001, 26 TexReg 1833; amended to be effective March 27, 2002, 27 TexReg 2225; amended to be effective December 1, 2003, 28 TexReg 10465.