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TITLE 25HEALTH SERVICES
PART 1DEPARTMENT OF STATE HEALTH SERVICES
CHAPTER 295OCCUPATIONAL HEALTH
SUBCHAPTER JTEXAS MOLD ASSESSMENT AND REMEDIATION RULES
RULE §295.330Compliance: Reprimand, Suspension, Revocation, Probation

(a) After notice of the opportunity for a hearing in accordance with subsection (d) of this section, the department may take any of the disciplinary actions outlined in subsection (c) of this section.

(b) A person who is denied a credential for failure to meet the qualifications under this subchapter is ineligible to reapply until all qualifications are met. A suspension shall be for a period of not more than two years. A person whose application or credential has been revoked shall be ineligible to reapply for any mold-related credential for up to three years.

(c) The department may issue an administrative penalty as described in §295.331 of this title (relating to Compliance: Administrative Penalty), deny an application, suspend, suspend with probationary terms, or revoke a credential of a person who:

  (1) fails to comply with this subchapter;

  (2) has fraudulently or deceptively obtained or attempted to obtain a credential, ID card or approval, including engaging in misconduct or dishonesty during the state licensing examination, such as cheating or having another person take or attempt to take the examination for that person;

  (3) duplicates or allows another person to duplicate a credential, ID card or approval;

  (4) uses a credential issued to another person or allows any other person to use a credential, ID card or approval not issued to that other person;

  (5) falsifies records for mold-related activities that the department requires the person to create, submit, or maintain; or

  (6) is convicted of a felony or misdemeanor arising from mold-related activity.

(d) The contested-case hearing provisions of the Administrative Procedure Act (Texas Government Code, Chapter 2001) and the formal hearing procedures of the department in Chapter 1 of this title shall apply to any enforcement action under this section. A person charged with a violation shall be notified of the alleged violation, the grounds upon which any disciplinary action is based, the proposed penalty, and the opportunity to request a hearing.


Source Note: The provisions of this §295.330 adopted to be effective May 16, 2004, 29 TexReg 4498; amended to be effective May 20, 2007, 32 TexReg 2642

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