SECTION 75.70. Responsibilities of the Contractor/Licensee

(a) The licensee must:

(1) if affiliated with an air conditioning and refrigeration contracting company, assign the license to one company or one permanent office of the company that will use the license;

(2) if affiliated with an air conditioning and refrigeration contracting company, be an employee or owner of the air conditioning and refrigeration contracting company and must work full time at the company or permanent office of the company;

(3) use the license for one business affiliation and one permanent office at any one given time;

(4) furnish the department with the licensee's permanent mailing address and the name, physical address, and telephone number of the air conditioning and refrigeration contracting company through which the licensee provides services;

(5) verify that all work for which the licensee has supervisory responsibility is performed so that mechanical integrity of installed products, system or equipment is maintained, and that all maintenance, service, and repair work has been done properly;

(6) if affiliated with an air conditioning and refrigeration contracting company, furnish to municipalities a list of authorized agents that may pull permits under the license, and, if subcontracting jobs to other licensed air conditioning and refrigeration contracting companies, furnish a list of agents of those licensed companies that may pull permits under the license;

(7) provide proper installation and service, and assure the mechanical integrity of work and installations performed or supervised by the licensee;

(8) not misrepresent the need for services, services to be provided, or services that have been provided;

(9) not make a fraudulent promise or false statement to influence, persuade, or induce an individual or a company to contract for services;

(10) not knowingly provide air conditioning and refrigeration work for or on behalf of an unlicensed air conditioning and refrigeration contracting company, or a contracting company that does not have an affiliation with a licensed individual who supervises all air conditioning and refrigeration work as provided by Occupations Code, Chapter 1302, and this chapter;

(11) only use licensed contractors, registered technicians, certified technicians, or students meeting the requirements of §75.30(a)(6) to perform maintenance work; and

(12) Upon request from the applicant or the department, verify information within the licensee's knowledge regarding the practical experience of an applicant claiming to have worked under the supervision of the licensee, on a form designated by the department. The licensee must provide information requested by the department within fifteen (15) calendar days of the request. The verified information must include, but is not limited to:

(A) Dates during which the licensee supervised the applicant;

(B) A brief description of the work performed by the applicant; and

(C) The name of the business under which the applicant's work was performed.

(b) A licensee may subcontract portions of work requiring a license under the Act to unlicensed persons, firms, or corporations as long as:

(1) the licensee actively provides work or service which requires a license, either in person or with the licensee's employees;

(2) the work or service provided in person or with the licensee's employees consists of more than accepting a contract or request for service, scheduling the work, and providing supervision of the work; and

(3) the licensee is ultimately responsible to the customer for all work performed by the subcontractor.

(c) The design of a system may not be subcontracted to an unlicensed person, firm or corporation.

(d) A licensee who subcontracts to perform work requiring a license under the Act for an air conditioning and refrigeration contracting company is responsible to the company and the department for the mechanical integrity of all work performed by the subcontractor.

(e) The licensee is responsible for all work performed under the licensee's supervision, regardless of whether the owners, officers, or managers of the air conditioning and refrigeration contracting company allow the licensee the authority to supervise, train, or otherwise control compliance with the Act.

(f) A licensee may not allow another individual to use the licensee's license for any purpose.

(g) A licensee may not allow any air conditioning and refrigeration contracting company with which the licensee has no business affiliation to use the licensee's license for any purpose, except as otherwise allowed by this chapter.

(h) A licensee must:

(1) notify the department, in writing, within thirty (30) calendar days of any change in permanent mailing address, company location, company telephone number or change in assignment of license; and

(2) provide a revised insurance certificate to the department within thirty (30) calendar days of a change in the name of the company to which the license is assigned.

(i) Failure to maintain insurance or failure to provide a certificate of insurance when requested is grounds for imposition of administrative penalties and/or sanctions.

(j) Altering a license in any way is prohibited and is grounds for imposition of administrative penalties and/or sanctions.

Source Note: The provisions of this §75.70 adopted to be effective July 21, 1999, 24 TexReg 5469; amended to be effective March 7, 2001, 26 TexReg 1833; amended to be effective March 27, 2002, 27 TexReg 2225; amended to be effective December 1, 2003, 28 TexReg 10465; amended to be effective September 1, 2004, 29 TexReg 8282; amended to be effective August 1, 2006, 31 TexReg 5944; amended to be effective April 1, 2011, 36 TexReg 1975; amended to be effective May 15, 2017, 42 TexReg 2337; amended to be effective May 1, 2018, 43 TexReg 2401