1. (a) Purpose. The purpose of this section is to set forth the rules governing license renewal for sanitarians.

2. (b) General.

   1. (1) A registrant must renew the license annually.
   2. (2) Each registrant is responsible for renewing the license before the expiration date and shall not be excused from paying the renewal fee. Failure to receive notification from the department prior to the expiration date of the license will not excuse the sanitarian from renewing.
   3. (3) The department will not renew the license of a registrant who is in violation of the Act or this subchapter at the time of application for renewal.
   4. (4) Notices of renewal approval, disapproval, or deficiency shall be in accordance with §265.156 of this title (relating to Processing Applications).
   5. (5) The department shall deny renewal of the license of the registrant if renewal is prohibited by the Education Code, §57.491.

3. (c) License renewal.

   1. (1) At least 45 days prior to the expiration date of a person's license, the department will send notice to the registrant at the address in the department's records of the expiration date of the license, the amount of the renewal fee due, and a renewal form which the registrant must complete and return to the department with the required renewal fee.
   2. (2) The renewal form shall require the provision of the preferred mailing address, primary employment address and telephone number, category of employment, and a statement of all misdemeanor and felony offenses for which the registrant has been convicted.
   3. (3) A registrant has renewed the registration when the registrant has mailed the renewal form, proof of completion of continuing education units, and the required renewal fee to the department prior to the expiration date of the license. The postmark date shall be considered as the date the renewal was filed.
   4. (4) The department shall issue a registrant who has met all requirements for renewal a license and identification card.

4. (d) Late Renewal Reinstatement.

   1. (1) The department shall inform a person who has not renewed a registration within 30 working days following the expiration of the license of the amount of the renewal fee and reinstatement fee required for renewal and the date the license expired.
   2. (2) A registered sanitarian whose license has expired for not more than one year may renew the license by submitting to the department the license renewal form, the renewal fee, proof of completion of continuing education units, and the reinstatement fee. The renewal must be mailed to the department not more than one year after the expiration date of registration. The postmark date shall be considered as the date the renewal was filed.
   3. (3) A person whose license has been expired for more than one year may not renew. The person may apply for a new license by meeting the then current requirements and procedures for registration as a sanitarian.

5. (e) License Expiration.

   1. (1) A registered sanitarian whose license has expired may not claim to be a sanitarian or sanitarian-in-training or use the titles "sanitarian" or "sanitarian-in-training".
   2. (2) A registered sanitarian who fails to renew a license is required to surrender the license to the department not later than after 90 days from expiration of the license or prior to that date at the request of the department.

6. (f) Military duty. If a registrant fails to timely renew a registration because the registrant is or was on active duty with the uniformed services of the United States of America serving outside the State of Texas, the registrant may renew the license in accordance with this subsection.

   1. (1) Renewal of the license may be requested by the registrant, the registrant's spouse, or an individual having power of attorney from the registrant. The renewal form shall include a current address and telephone number for the individual requesting the renewal.
   2. (2) Renewal may be requested before or after the expiration of the license.
   3. (3) A copy of the official orders or other official documentation showing that the registrant is or was on active duty serving outside the State of Texas shall be filed with the department along with the renewal form.
   4. (4) A copy of the power of attorney from the registrant shall be filed with the department along with the renewal form if the individual having the power of attorney executes any of the documents required in this subsection.
   5. (5) A registrant renewing under this subsection shall only pay the applicable renewal fee. There will be no reinstatement fee charged.

Source Note:The provisions of this §265.152 adopted to be effective March 26, 2000, 25 TexReg 2345.