SECTION 285.62. Duties and Responsibilities of Designated Representatives

A designated representative shall:

(1) possess a current license from the executive director;

(2) be employed, appointed, or contracted by an authorized agent;

(3) enforce the rules and regulations of the Texas Health and Safety Code, Chapter 366, the Texas Water Code, this chapter, and the permitting authority;

(4) assist the authorized agent in amending the authorized agent's order, ordinance, or resolution when necessary;

(5) conduct subdivision reviews in conformance with this chapter;

(6) review variance requests to ensure compliance with the requirements of the permitting authority;

(7) approve only planning materials that conform with the requirements of this chapter and the requirements of the permitting authority;

(8) issue the authorization to construct;

(9) verify, before the initial inspection, that the installer possesses a current license and has the correct classification for constructing the permitted or planned on-site sewage facility (OSSF);

(10) conduct construction inspections as required under §285.3(d) of this title (relating to General Requirements);

(11) approve only construction that conforms with this chapter, the authorized agent's approved order, ordinance, or resolution, and the notice of approval;

(12) issue the notice of approval;

(13) ensure collection of all OSSF related fees;

(14) ensure maintenance of accurate records of permitting, fees, inspections, maintenance reports, and complaints;

(15) investigate complaints and take appropriate and timely action;

(16) record his license number on all plan reviews, complaint investigations, inspection reports, site evaluations, and any other correspondence prepared in performance of the duties of a Designated Representative under this chapter;

(17) record the installer license number in any inspection reports relating to that installer;

(18) receive compensation for OSSF related services within the authorized agent's area of jurisdiction, only from the authorized agent or according to a signed contract with the authorized agent;

(19) while employed by, appointed to, or contracted by the authorized agent, refrain from performing any of the following activities within the authorized agent's area of jurisdiction:

(A) working as an apprentice to an OSSF installer;

(B) working as an OSSF installer;

(C) working for an OSSF maintenance provider;

(D) working as a site evaluator; or

(E) performing any other OSSF-related activities which fall under the authorized agent's regulatory jurisdiction, except those activities directly related to the individual's duties as a designated representative for the authorized agent;

(20) verify the existence of a maintenance contract between an owner and the maintenance provider according to §285.7(d) of this title (relating to Maintenance Requirements);

(21) maintain a current address and phone number with the executive director and submit any change in address or phone number in writing within 30 days after the date of the change; and

(22) receive written permission from the designated representative's employer if the designated representative desires to perform any OSSF-related activities for compensation outside of the authorized agent's regulatory jurisdiction, to be kept on file in the designated representative's office.

Source Note: The provisions of this §285.62 adopted to be effective June 13, 2001, 26 TexReg 4115; amended to be effective December 17, 2001, 26 TexReg 10363; amended to be effective September 11, 2008, 33 TexReg 7536