16 Tex. Admin. Code § 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;
(12) at all times provide in-person
supervision, either directly or via a certified technician, to a person who is
younger than 18 years of age and acting or offering to act on behalf of the
licensee as an air conditioning and refrigeration technician; and
(13) 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.
Notes
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