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TITLE 22EXAMINING BOARDS
PART 7STATE COMMITTEE OF EXAMINERS IN THE FITTING AND DISPENSING OF HEARING INSTRUMENTS
CHAPTER 141FITTING AND DISPENSING OF HEARING INSTRUMENTS
RULE §141.13Renewal of License

(a) General.

  (1) A regular license must be renewed biennially.

  (2) A person who holds a regular license must have fulfilled any continuing education requirements prescribed by the committee in §141.14 of this title (relating to Continuing Education Requirements) in order to renew a license.

  (3) Each person who holds a regular license is responsible for renewing the license and shall not be excused from paying late renewal fees or renewal penalty fees.

  (4) The committee shall deny the renewal of the license of a licensee who is in violation of Texas Occupations Code, §402.501 (Act) or this chapter at the time of application for renewal.

  (5) A person whose license has expired shall return his or her license certificate to the committee.

  (6) A persons whose license has expired shall not practice the fitting and dispensing of hearing instruments.

  (7) The deadlines established for renewals, late renewals, and license renewal penalty fees in this section are based on the postmark date of the documentation submitted by the licensee.

  (8) The committee shall deny renewal upon any findings relating to defaults on guaranteed students loans as required by the Education Code, §57.491.

  (9) The committee shall deny renewal if required by the Texas Education Code, §57.491, relating to defaults on guaranteed student loans.

(b) Staggered renewals. The committee shall use a staggered system for license renewals. The renewal date of a license shall be the last day of the licensee's birth month.

(c) License renewal.

  (1) At least 45 days prior to the expiration of a regular license, the committee will send notice of license expiration.

  (2) A paper or electronic license renewal form shall be made available to licensees eligible for renewal. The form shall require the licensee to provide:

    (A) current addresses;

    (B) telephone numbers; and

    (C) information regarding continuing education that has been completed.

  (3) The committee shall not renew a license until it receives the:

    (A) completed license renewal form;

    (B) renewal fee and any late fees;

    (C) required documents detailed in this section; and

    (D) documentation showing that the licensee has complied with applicable continuing education requirements if selected for audit.

  (4) The committee shall issue a renewal card to a licensee who has met all the requirements for renewal. The licensee must display the renewal card in association with the license.

  (5) The license of a person who made a timely and sufficient request for renewal of his or her license does not expire until the application for renewal is finally determined by the committee; or in case the application is denied or the terms of the new license limited, until the last day for seeking review of the committee's order or a later date fixed by order of a reviewing court.

  (6) A license that is not revoked or suspended as a result of a formal hearing shall be renewed provided that all other requirements are met.

  (7) In the case of delay in the license renewal process because of a formal hearing, late fees and penalty fees shall not apply.

  (8) Each license to fit and dispense hearing instruments shall be issued for the term of two years and shall, unless suspended or revoked, be renewed biennially on payment of the renewal fee and compliance with this section by the licensee.

  (9) A licensee may renew an unexpired license by meeting the requirements of this section and by paying the required renewal fee to the committee before the expiration date of the license.

  (10) If a person's license has been expired for less than 90 days, the person may renew the license by paying the required renewal fee and a fee that is one-half of the examination fee for the license to the committee.

  (11) If a person's license has been expired for more than 90 days but less than two years, the person may renew the license by paying all unpaid renewal fees and a fee that is equal to the examination for the license to the committee.

  (12) If a person's license has been expired for two years or more, the person may not renew the license. The person may obtain a new license by submitting to re-examination and complying with the requirements and procedures for obtaining an original license set out in this chapter.

  (13) The committee may not renew a license unless the license holder provides proof that all equipment that is used by the license holder to produce a measurement in the testing of hearing acuity has been properly calibrated or certified by a qualified technician within one year prior to the renewal date, if the licensee is selected for audit.

  (14) A licensee must demonstrate compliance with the continuing education requirements established by the committee, if selected for audit.

  (15) Fitting and dispensing a hearing instrument without a current license as provided by this subsection shall be subject to the same penalties as fitting and dispensing a hearing instrument without a license.

  (16) Licensees not selected for audit shall maintain all continuing education and certification of testing equipment documentation for a period of three years and shall provide copies if requested by the committee.


Source Note: The provisions of this §141.13 adopted to be effective March 19, 1996, 21 TexReg 1877; amended to be effective September 9, 2001, 26 TexReg 6671; amended to be effective March 23, 2003, 28 TexReg 2320; amended to be effective June 5, 2005, 30 TexReg 3206; amended to be effective August 1, 2006, 31 TexReg 5964; amended to be effective September 28, 2010, 35 TexReg 8751

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