26 Tex. Admin. Code § 555.42
Alternate Licensing Requirements for Military Service Personnel
Effective Sep 28, 201641 TexReg 7514Source Note: The provisions of this §555.42 adopted to be effective September 28, 2016, 41 TexReg 7514; transferred effective May 1, 2019, as published in the Texas Register April 12, 2019, 44 TexReg 1880.Texas Secretary of State
(a) Fee waiver based on military experience.
- (1) DADS waives the application fee described in §18.15(a)(2) of this chapter (relating to Application Requirements) and the initial license fee described in §18.31(a)(2) of this chapter (relating to Initial License) for an applicant if DADS receives and approves a request for a waiver of fees from the applicant in accordance with this subsection.
(2) To request a waiver of fees under this subsection, an applicant must submit a written request for a waiver with the applicant's initial license application submitted to DADS in accordance with §18.31 of this chapter. The applicant must include with the request:
- (A) documentation of the applicant's status as a military service member or military veteran that is acceptable to DADS; and
- (B) documentation of the type and dates of the service, training, and education the applicant received, and an explanation as to why the applicant's military service, training, or education substantially meets all of the requirements for licensure under this chapter.
(3) Documentation of military status that is acceptable to DADS includes:
- (A) for status as a military service member, a copy of a current military service order issued to the applicant by the armed forces of the United States, the State of Texas, or another state; and
- (B) for status as a military veteran, a copy of a military service discharge order issued to the applicant by the armed forces of the United States, the State of Texas, or another state.
- (4) If DADS requests additional documentation, the applicant must submit the requested documentation.
- (5) DADS approves a request for a waiver of fees submitted in accordance with this subsection if DADS determines that the applicant is a military service member or a military veteran and the applicant's military service, training, or education substantially meets all of the requirements for licensure under this chapter.
(b) Fee waiver based on license issued by another jurisdiction.
- (1) DADS waives the application fee described in §18.15(a)(2) of this chapter and the initial license fee described in §18.32(c)(2) of this chapter (relating to Provisional License) for an applicant if DADS receives and approves a request for a waiver of fees in accordance with this subsection.
- (2) To request a waiver of fees under this subsection, an applicant must include a written request for a waiver of fees with the applicant's provisional license application that is submitted to DADS in accordance with §18.32 of this chapter. The applicant must include with the request documentation of the applicant's status as a military service member, military veteran, or military spouse that is acceptable to DADS.
(3) Documentation of military status that is acceptable to DADS includes:
- (A) for status as a military service member, a copy of a current military service order issued to the applicant by the armed forces of the United States, the State of Texas, or another state;
- (B) for status as a military veteran, a copy of a military service discharge order issued to the applicant by the armed forces of the United States, the State of Texas, or another state; and
(C) for status as a military spouse:
- (i) a copy of a marriage certificate issued to the applicant by a state of the United States or a foreign government; and
- (ii) a copy of a current military service order issued to the applicant's spouse by the armed forces of the United States, the State of Texas, or another state.
- (4) If DADS requests additional documentation, the applicant must submit the requested documentation.
(5) DADS approves a request for a waiver of fees submitted in accordance with this subsection if DADS determines that:
- (A) the applicant holds a license in good standing in another jurisdiction with licensing requirements substantially equivalent to the requirements for a license under this chapter; and
- (B) the applicant is a military service member, a military veteran, or a military spouse.
(c) Additional time for license renewal.
- (1) DADS gives an administrator an additional two years to complete the license renewal requirements described in §18.34 of this subchapter (relating to License Renewal) and §18.35 of this subchapter (relating to Continuing Education Requirements for License Renewal), if DADS receives and approves a request for additional time to complete the licensing renewal requirements from an administrator in accordance with this subsection.
- (2) To request additional time to complete license renewal requirements, an administrator must submit a written request for additional time to DADS before the expiration date of the administrator's license. The administrator must include with the request documentation of the administrator's status as a military service member that is acceptable to DADS. Documentation as a military service member that is acceptable to DADS includes a copy of a current military service order issued to the administrator by the armed forces of the United States, the State of Texas, or another state.
- (3) If DADS requests additional documentation, the administrator must submit the requested documentation.
- (4) DADS approves a request for two additional years to complete license renewal requirements submitted in accordance with this subsection if DADS determines that the administrator is a military service member, except DADS does not approve a request if DADS granted the administrator a previous extension and the administrator has not completed the license renewal requirements during the two-year extension period.
- (5) If an administrator does not submit the written request described by paragraph (2) of this subsection before the expiration date of the administrator's license, DADS will consider a request after the expiration date of the license if the administrator establishes to the satisfaction of DADS that the request was not submitted before the expiration date of the administrator's license because the administrator was serving as military service member at the time the request was due.
(d) Credit toward internship requirements.
- (1) DADS gives an applicant credit toward the internship requirements for an AIT described in §18.12 of this chapter (relating to Internship Requirements) based on the applicant's military service, training, or education if DADS receives and approves a request for credit from an applicant in accordance with this subsection.
- (2) To request credit for military service, training, or education, the applicant must submit a written request for credit to DADS with the applicant's initial license application. The applicant must include with the request documentation of the type and dates of the service, training, and education the applicant received and an explanation as to how the applicant's military service, training, or education is substantially similar to the training or education requirements described in §18.12 of this chapter.
- (3) If DADS requests additional documentation, the applicant must submit the requested documentation.
- (4) DADS approves a request for credit submitted in accordance with this subsection if DADS determines that the military service, training, or education that the applicant received is substantially similar to the training or education requirements described in §18.12 of this chapter.
(e) Renewal of expired license.
- (1) DADS renews an expired license if DADS receives and approves a request for renewal from a former administrator in accordance with this subsection.
- (2) To request renewal of an expired license, a former administrator must submit a written request with a license renewal application within five years after the former administrator's license expired. The former administrator must include with the request documentation of the former administrator's status as a military service member, military veteran, or military spouse that is acceptable to DADS.
(3) Documentation of military status that is acceptable to DADS includes:
- (A) for status as a military service member, a copy of a current military service order issued to the former administrator by the armed forces of the United States, the State of Texas, or another state;
- (B) for status as a military veteran, a copy of a military service discharge order issued to the former administrator by the armed forces of the United States, the State of Texas, or another state; and
(C) for status as a military spouse:
- (i) a copy of a marriage certificate issued to the former administrator by a state of the United States or a foreign government; and
- (ii) a copy of a current military service order issued to the former administrator's spouse by the armed forces of the United States, the State of Texas, or another state.
- (4) If DADS requests additional documentation, the former administrator must submit the requested documentation.
(5) DADS approves a request for renewal of an expired license submitted in accordance with this subsection if DADS determines that:
- (A) the former administrator is a military service member, military veteran, or military spouse;
- (B) the former administrator has not committed an offense listed in Texas Health and Safety Code (THSC) §250.006(a) and has not committed an offense listed in THSC §250.006(b) during the five years before the date the former administrator submitted the initial license application; and
- (C) the former administrator is not listed on the employee misconduct registry described in THSC Chapter 253.
Source Note:The provisions of this §555.42 adopted to be effective September 28, 2016, 41 TexReg 7514; transferred effective May 1, 2019, as published in the Texas Register April 12, 2019, 44 TexReg 1880.