1. (a) General requirements. Applications for certification or renewal under these sections must be made on forms provided by the Texas Department of Health (department), shall be signed by the applicant, and must be accompanied by a cashier's check or money order, made payable to the Texas Department of Health, for the amount of the certification or certification renewal fee. Only applications which are complete shall be considered by the department; the burden of proof of meeting 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.
2. (b) Inquiries. Potential applicants who wish to discuss or obtain information concerning qualification requirements may do so by calling the department's Environmental Lead Branch at (512) 834-6612 or (888) 778-9440 (toll-free in Texas).

3. (c) Denials. The department may deny an application for certification or renewal if the applicant fails to meet the standards established by these sections (applicants may not reapply for the time periods specified), including, but not limited to:

   1. (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. (2) evidence that the applicant cannot be legally employed in the United States--90 days;
   3. (3) fraud, misrepresentation, or deception in obtaining, attempting to obtain, or renewing a certificate--three years;
   4. (4) failure to submit the required information and/or documentation within 90 days of a written request by the department--90 days;
   5. (5) failure to submit the required fee with an application for certification or when renewing a certification--90 days;
   6. (6) failure to maintain or to permit inspection of the records required of all certified persons--one year;
   7. (7) employing or permitting an unauthorized person or individual to work on any lead project or operation--one year;
   8. (8) engaging in or attempting to engage in a lead-related activity without a valid certification--three years;
   9. (9) failure to comply with any rule adopted by the board or order issued by the department--three years;
   10. (10) failure to provide notice of a lead project or operation as required by these sections--two years;
   11. (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. (12) failure of a certified person to complete their responsibilities during a lead project or operation due to insufficient financial resources--three years;
   13. (13) failure to prevent lead contamination of areas adjacent to the abatement area--three years;
   14. (14) failure to pass the state certification examination with a score of at least 70% correct after three attempts; or
   15. (15) engaging in cheating practices on any state certification examination--three years.
4. (d) Administrative penalty. In accordance with §295.220 of this title (relating to Compliance: Administrative Penalty) an administrative penalty may be assessed, for fraud or misrepresentation in obtaining, attempting to obtain, or renewing a certification.
5. (e) Appeal of certification denial. A denial of an application or a request for renewal may be appealed by the applicant. The details for requesting a hearing will be included in each letter of denial.

6. (f) Processing applications and renewals.

   1. (1) Time periods. Applications for certification or renewal will be processed within 60 days of receipt by issuing a certification or by providing a written notice to the applicant outlining the reasons why the application is deficient. In cases of a deficient application, the certification will be issued within 60 days of the applicant meeting all the certification requirements including receipt of all acceptable documents at the department.
   2. (2) Reimbursement of fees. Initial application or renewal fees will be refunded only when the department does not process a completed application in the time period specified, or an applicant is not able to meet the certification requirements. If fee amounts are in excess of the correct fee amount, the excess payment will be reimbursed. Reimbursement of fees paid by applicants not meeting the certification requirements will be made, less a $25 administrative fee. A reimbursement request must be made to the department in writing within 90 days of notification that the applicant does not meet certification requirements. Otherwise, fees for applications and renewals are not eligible for refund, or credit.
   3. (3) Denial of an application due to abandonment of the application does not constitute grounds for reimbursement. Abandonment is defined as failure to respond to a written request of the department by the applicant for a period of 90 days.
   4. (4) Appeal of reimbursement denial. If the request for reimbursement authorized by this subsection is denied, the applicant may then appeal to the commissioner of health for a resolution of the dispute. The applicant shall give written notice to the commissioner by writing to the chief, Environmental Lead Branch, the designated representative of the commissioner, requesting reimbursement of all filing fees paid because his/her application was not processed within the prescribed time period. The branch chief shall submit a written report of the facts related to the processing of the application and good cause for exceeding the established time periods. The commissioner will determine the final action and provide written notification of his/her decision to the applicant and the branch chief.
   5. (5) Contested case hearing. If at any time during the processing of the application, a contested case proceeding arises, the time periods in the department's formal hearing procedures, §1.34 of this title (relating to Time Periods for Conducting Contested Case Hearings), are applicable.

7. (g) Reminder notices. At least 30 days before the anniversary date of certification or the date a certificate expires, the department, as a service to the certified person, shall send a reminder notice to the certified person, by first-class mail to the last known address of the certified person. It is the responsibility of the certified person to keep the department informed of their current address, or change of address for all certification categories, and to take action to keep their certification current or renew their certificate whether or not they have received the notification from the department. Failure by the department to send the timely notice creates no liability to the department and does not relieve the applicant of the obligation to file a timely renewal application. The reminder notice will state:

   1. (1) the type of certification requiring payment of the annual fee or renewal fee;
   2. (2) the time period allowed for payment of the annual fee or renewal fee; and
   3. (3) the amount of the annual or renewal fee.

8. (h) Renewal requirements. Before the certification expires, the certification may be renewed for an additional three-year term provided that the person:

   1. (1) is qualified to be certified;
   2. (2) pays to the department the proper renewal fee;
   3. (3) submits to the department a renewal application on the prescribed form along with all required documentation;
   4. (4) completes successfully the requirements for renewal and examination, if required;
   5. (5) has complied with all final orders resulting from any violations of these sections; and
   6. (6) submits a copy of the refresher training course certificates, if required.
9. (i) Prohibition. Practicing with a lapsed certificate is prohibited, regardless of when the renewal application is received. Also, certificates which have lapsed for a period exceeding 180 days beyond the three-year expiration date cannot otherwise be renewed. A new application subject to current qualifications is required.
10. (j) Replacements. A certified person or firm may obtain a replacement certificate and/or identification (ID) card by submitting such request in writing on a department-issued form along with the reissuance fee of $20 for each official document requested.

11. (k) Retention of control. The department may, at any time after the filing of any application and before the expiration of any certification, require:

    1. (1) additional written information and assurances; and
    2. (2) cooperation with any inspections initiated by the department, or the production of any documentary or other evidence that the department considers necessary to determine whether the certification should be granted, delayed, denied, modified, suspended or revoked.

Source Note:The provisions of this §295.205 adopted to be effective February 19, 1996, 21 TexReg 968; amended to be effective May 10, 1998, 23 TexReg 4280.