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 the following licenses for the following reasons.

   1. (1) An on-site sewage facility (OSSF) installer's license can be suspended for:

      1. (A) failing to perform required maintenance on an OSSF for at least eight consecutive months (the failure 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;
      3. (C) failing to properly submit four or more required OSSF maintenance reports over any two-year period;
      4. (D) failing to provide proper maintenance training to an owner of an aerobic OSSF when requested by the owner;
      5. (E) failing to provide proper maintenance training to an owner of an aerobic OSSF with a commission-approved course; or
      6. (F) failure to make replacement parts available to all homeowners who have been trained to maintain their own aerobic system.

   2. (2) A designated representative's license can be suspended for:

      1. (A) failing to verify, before the initial inspection for a particular OSSF, that the individual installing the OSSF 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 an 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 an OSSF installer's license, a designated representative's license, a site evaluator's license, an apprentice's registration, or a maintenance company's registration for the following reasons.

   1. (1) An OSSF installer's license can be revoked for:

      1. (A) constructing, or otherwise facilitating the construction of, an OSSF that is not in compliance with this chapter;
      2. (B) allowing, or beginning, the construction of an OSSF without a permit when a permit is required;
      3. (C) failing to provide proper maintenance training to an owner of an aerobic OSSF when requested by the owner;
      4. (D) failing to provide proper maintenance training to an owner of an aerobic OSSF in a timely manner; or
      5. (E) failing to provide proper maintenance training to an owner of an aerobic OSSF with a commission-approved course.

   2. (2) A designated representative's license can be revoked for:

      1. (A) approving construction of an OSSF that is not in conformance with this chapter, the authorized agent's approved order, ordinance, or resolution or 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) A site evaluator's license can be revoked for failing to maintain a current Installer II license, designated representative license, professional engineer license, professional sanitarian license, or a certified professional soil scientist certificate.

   4. (4) An apprentice's registration can be revoked for:

      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.

   5. (5) A maintenance company's registration can be revoked for:

      1. (A) failing to perform required maintenance on an aerobic OSSF in a 12-month period; or
      2. (B) failing to properly submit maintenance reports required by §285.7(d) of this title for an individual homeowner in any consecutive 12-month period.

Source Note:The provisions of this §285.65 adopted to be effective August 3, 2006, 31 TexReg 6013.