1. (a) General. If an apprentice, installer, or designated representative causes, contributes to, or allows a violation of the Texas Water Code, Chapter 7 or Chapter 26, the Texas Health and Safety Code, Chapter 341 or Chapter 366, or this chapter to occur, he may be subject to a denial of a renewal, reprimand, suspension, or revocation of the license or registration. Notification of actions under this section will be issued in writing and delivered by first class and certified mail.

2. (b) Denial.

   1. (1) New application. When the executive director denies an application for a new license for any of the violations listed under subsection (d) of this section, or for other good cause, the executive director shall notify the applicant of the executive director's intent to deny the application, and advise the applicant of the opportunity to file a motion for reconsideration under §50.39 of this title (relating to Motion for Reconsideration).
   2. (2) Renewal application. When the executive director denies a renewal application for a license for any of the violations listed under subsection (d) of this section, or for other good cause, the executive director shall notify the applicant of the executive director's intent to deny the application, and advise the applicant of the opportunity to request a hearing.
3. (c) Reprimand. If an apprentice, installer, or designated representative caused, contributed to, or allowed a violation of this chapter to occur, the executive director may issue a written reprimand. The reprimand shall be placed in the individual's permanent file maintained by the executive director. The reprimand shall be a warning that further violations or offenses by the individual may warrant suspension, revocation, enforcement action, or some combination thereof. A reprimand, however, is not a prerequisite for initiation of suspension, revocation, or enforcement proceedings.

4. (d) Suspension and revocation. The commission may suspend or revoke a license or registration if the commission finds that the license or registration holder caused, contributed to, or allowed a violation of this chapter to occur. If the executive director determines a suspension or revocation of a registration of an apprentice, or a license of an installer or a designated representative is warranted, the executive director shall initiate enforcement proceedings according to Chapters 70 and 80 of this title. The individual shall not perform the duties and responsibilities of an apprentice, installer, or designated representative while the license or registration is suspended or revoked.

   1. (1) Suspension. A license or registration may be suspended for a period of up to one year, depending upon the seriousness of the violation or violations. A license or registration will be revoked automatically upon a second suspension. A license or registration may be suspended for the following:

      1. (A) for an installer:

         1. (i) failing to perform required maintenance on an OSSF for at least eight consecutive months (failing to maintain records is evidence of failure to perform maintenance on the OSSF);
         2. (ii) failing to properly submit three maintenance reports for an individual OSSF in a 12 month period;
         3. (iii) failing to properly submit five or more required OSSF maintenance reports over any two-year period;
         4. (iv) being indebted to the state for a fee, penalty, or tax imposed by a statute or rule; or
         5. (v) for other good cause as determined by the executive director;

      2. (B) for a designated representative:

         1. (i) failing to verify, before the initial inspection for a particular OSSF, that the individual is a properly licensed installer;
         2. (ii) failing to investigate nuisance complaints or complaints against installers, within 30 days of receipt of the complaint, according to §285.71 of this title (relating to Authorized Agent Enforcement of OSSFs);
         3. (iii) failing to enforce the requirements of the order, ordinance, or resolution of an authorized agent;
         4. (iv) being indebted to the state for a fee, penalty, or tax imposed by a statute or rule; or
         5. (v) for other good cause as determined by the executive director.

   2. (2) Revocation. The commission may revoke a license or registration for either a designated term or permanently. If a license or registration is revoked a second time, the revocation shall be permanent. A license or registration may be revoked for the following:

      1. (A) for an installer:

         1. (i) constructing, or allowing the construction of, an OSSF that is not in compliance with this chapter;
         2. (ii) practicing theft, fraud, or deceit in performance of his duties;
         3. (iii) submitting false or inaccurate information to the permitting authority or an owner;
         4. (iv) allowing, or beginning, the construction of an OSSF without a permit when a permit is required;
         5. (v) for other good cause as determined by the executive director;

      2. (B) for a designated representative:

         1. (i) practicing theft, fraud, or deceit in the performance of his duties;
         2. (ii) approving construction of an OSSF that is not in conformance with this chapter, the authorized agent's approved order, ordinance, or resolution, and the notice of approval;
         3. (iii) failing to enforce the provisions of the Texas Health and Safety Code, Chapter 366 or this chapter;
         4. (iv) practicing as an apprentice or an installer in the authorized agent's area of jurisdiction while employed, appointed, or contracted by that authorized agent;
         5. (v) working for a maintenance company in the authorized agent's area of jurisdiction while employed, appointed, or contracted by that authorized agent; or
         6. (vi) for other good cause as determined by the executive director;

      3. (C) for an apprentice:

         1. (i) acting as, or performing duties and responsibilities of, an installer without the direct supervision of, or direct communication with, his supervising installer; or
         2. (ii) for other good cause as determined by the executive director.

5. (e) Reinstatement.

   1. (1) The following procedures for renewal apply to individuals who have had their license or registration suspended.

      1. (A) If the license or registration expiration date falls within the suspension period, the individual may renew his license or registration during the suspension period according to §285.58 of this title (relating to Applications for Renewal).
      2. (B) After the suspension period has ended, the license or registration will be automatically reinstated, unless the license or registration expiration date fell within the suspension period and the individual failed to renew his license or registration during the suspension period.
   2. (2) Individuals who have had their license or registration revoked will not have their license or registration automatically reinstated after the revocation period. After the revocation period has ended, an individual may apply for a new license or registration according to §285.56 and §285.57 of this title (relating to Applications for License and Registrations of Apprentices, respectively).

Source Note:The provisions of this §285.64 adopted to be effective June 13, 2001, 26 TexReg 4115.