1. (a) Suspension. In addition to the items listed in §30.33 of this title (relating to License or Registration Denial, Warning, Suspension, or Revocation), the executive director may suspend a license for the following reasons:

   1. (1) for an installer:

      1. (A) failing to perform required maintenance on an on-site sewage facility (OSSF) for at least eight consecutive months (failing to maintain records is evidence of failure to perform maintenance on the OSSF);
      2. (B) failing to properly submit maintenance reports required by §285.7(d) of this title (relating to Maintenance Requirements) for an individual OSSF in a 12-month period; or
      3. (C) failing to properly submit four or more required OSSF maintenance reports over any two-year period;

   2. (2) for a designated representative:

      1. (A) failing to verify, before the initial inspection for a particular OSSF, that the individual is a properly licensed installer;
      2. (B) 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); or
      3. (C) failing to enforce the requirements of the order, ordinance, or resolution of an authorized agent;

2. (b) Revocation. In addition to the items listed in §30.33 of this title, the executive director may revoke a license or registration for the following reasons:

   1. (1) for an installer:

      1. (A) constructing, or allowing the construction of, an OSSF that is not in compliance with Chapter 285 of this title;
      2. (B) allowing, or beginning, the construction of an OSSF without a permit when a permit is required;

   2. (2) for a designated representative:

      1. (A) 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;
      2. (B) practicing as an apprentice or an installer in the authorized agent's area of jurisdiction while employed, appointed, or contracted by that authorized agent; or
      3. (C) working for a maintenance company in the authorized agent's area of jurisdiction while employed, appointed, or contracted by that authorized agent;
   3. (3) for a site evaluator: failing to maintain a current Installer II license, designated representative license, professional engineer license, professional sanitarian license, or a certified professional soil scientist certificate; or

   4. (4) for an apprentice:

      1. (A) acting as, advertising, or performing duties and responsibilities of, an installer without the direct supervision of, or direct communication with, the supervising installer; or
      2. (B) receiving compensation for an OSSF installation from someone other than the supervising installer.

Source Note:The provisions of this §285.64 adopted to be effective December 17, 2001, 26 TexReg 10363.