SECTION 296.42. Initial and Renewal Applications

(a) General requirements. To apply for a license or registration as required in this chapter, an applicant must submit a complete and signed application on the form provided by DSHS. DSHS will not accept an altered application form. A complete application includes all required documentation and payment of the application fee by check, money order, or proof of online payment. An applicant who applies for more than one license or registration must submit all required documentation with each application.

(b) Processing applications.

(1) Upon receipt of a complete application, DSHS will issue the following documents within the time periods set forth below, as applicable:

(A) license or identification (ID) card, or letter of acceptance:

(i) for a training provider license--90 days; and

(ii) for any other license or registration--45 days;

(B) letter of approval for examination--30 days;

(C) approval of additional training course--90 days; and

(D) duplicate license or ID card--30 days.

(2) If an application is incomplete, DSHS will issue a deficiency notice within the time periods set forth below:

(A) for a training provider license--90 days;

(B) for any other license or registration--45 days;

(C) for an examination request--30 days.

(3) If an application remains incomplete after the deadline provided in the deficiency notice issued under subsection (b)(2) of this section, DSHS will issue a notice of proposed denial of license, registration, or examination, as applicable.

(c) Denial. DSHS may deny an application for license or registration of a person for fraud or misrepresentation or for failure to meet the standards established by this chapter, as described in Subchapter Q of this chapter (relating to Compliance). This includes §296.313 of this chapter (relating to Denial, Suspension, or Revocation of License or Reprimand of Licensee), and as required in §296.315 of this chapter (relating to Suspension of License under Texas Family Code Chapter 232), or for any reason allowed by law.

(d) Renewal notices. DSHS sends a renewal notice to the licensee before the license expires. However, a licensee must renew a license before the license expiration date, even if the licensee does not receive a renewal notice. The renewal notice includes the following:

(1) the license type;

(2) the time period allowed for renewal; and

(3) the applicable renewal fee.

(e) Renewal requirements.

(1) A license may not be renewed more than 60 days before or more than one year after the license expires. An applicant may renew a license if the applicant:

(A) meets the requirements to renew the license;

(B) pays the required fee;

(C) submits a renewal application along with all required documentation; and

(D) has complied with all final orders resulting from any violation of this chapter.

(2) If a licensee submits an incomplete application, including an application resubmitted in response to a deficiency letter, and the application is not complete, or the deficiency resolved before the license expiration date, the license expires on the expiration date and engaging in activities for which a license is required is a violation of this chapter. If a licensee submits a complete renewal application with the required fee and documentation before the license expires, the current license does not expire until DSHS approves or denies the application.

(f) Re-application for license. A person whose license has expired must not engage in activities for which the license is required. If a license has been expired for more than one year, the person may not renew the license. The person may obtain a new license by complying with the requirements and procedures at the time of application for obtaining an initial license, including the examination requirements.

(g) Application for duplicate license. A licensee may obtain a duplicate or replacement license by submitting:

(1) an application for a duplicate license;

(2) an unaltered, 2-inch by 2-inch, color photograph of the face (without tinted glasses, hats, bandanas, or other articles that may obscure the head or any part of the face) with a white background taken within the past 12 months and submitted either on photo quality paper or in digital format; and

(3) the required fee.

(h) Name change. A licensee must submit a name change application and required fee to change the name currently on record. DSHS does not charge a separate name change fee if the applicant submits the name change application with the renewal application. The name change application must be submitted with a copy of a divorce decree, marriage certificate, legal name change document, driver's license, or social security card showing the new name. If the tax identification number for a company has changed, a new license must be obtained.

(i) Physician's written statement. A copy of DSHS's Physician's Written Statement form must be submitted with all individual applications to document that the applicant has received a medical examination within the past 12 months, in accordance with 29 CFR §1926.1101(m) (relating to Asbestos) or 40 CFR §763.122 (relating to What does this subpart require me to do?), whichever is applicable. A current copy of the individual's Physician's Written Statement form must be on-site while performing asbestos-related activities.

Source Note: The provisions of this §296.42 adopted to be effective July 8, 2021, 46 TexReg 3880