1. (a) An individual whose certificate has been expired for one year or longer may not renew the certificate that was previously held.
2. (b) The individual may obtain a new certificate in the discipline which was previously held by passing a commission proficiency examination pertaining to the discipline held and becoming certified within the time specified for that discipline. The proficiency examination must be passed prior to appointment to fire protection duties. If performance skills are part of the proficiency examination, the individual may be exempted from that portion of the examination by documenting twenty hours of continuing education for each year since the expiration of the certificate for a maximum of five years. Individuals taking the exam based on the Basic Fire Suppression Curriculum do not have to show proof of medical training. The continuing education training must be done within the most recent five years and must be in subjects contained in the basic curriculum for the discipline. At least one-half of the continuing education must be hands-on performance skills. The training must be conducted as specified in Chapter 441 of this title (relating to Continuing Education).
3. (c) An individual who is called to active military duty in accordance with applicable federal law is not considered to have a break in service. That person would not have to complete the examination requirement upon return to employment as a fire protection personnel. To obtain a new certificate, the individual must submit the renewal fee and documentation for 20 hours of continuing education.

4. (d) An individual or entity may petition the commission for a waiver of the examination required by this section if the person's certificate expired because of the individual or employing entity's good faith clerical error, or expired as a result of termination of the person's employment where the person has been restored to employment through a disciplinary procedure or a court action. All required renewal fees including applicable late fees and all required continuing education must be submitted before the waiver request may be considered.

   1. (1) Applicants claiming good faith clerical error must submit a sworn statement together with any supporting documentation that evidences the applicant's good faith efforts to comply with commission renewal requirements and that failure to comply was due to circumstances beyond the control of the applicant.
   2. (2) Applicants claiming restoration to employment as a result of a disciplinary or court action must submit a certified copy of the order restoring the applicant to employment.

Source Note:The provisions of this §439.13 adopted to be effective November 1, 1998, 23 TexReg 10901; amended to be effective March 1, 1999, 24 TexReg 791; amended to be effective January 1, 2000, 24 TexReg 6097; amended to be effective July 29, 2002, 27 TexReg 6725; amended to be effective December 16, 2002, 27 TexReg 11796 ; amended to be effective November 15, 2003, 28 TexReg 9886.