16 Tex. Admin. Code § 78.70 - Responsibilities of Credentialed Persons
(a)
Persons who are licensed, registered, or accredited under this chapter shall,
as applicable:
(1) adhere to the code of
ethics prescribed by §78.72;
(2) comply with work practices and procedures
of this chapter;
(3) present to the
department or the department's representative upon request any identification
card, credential, or certificate issued by the department or the department's
representative or designee;
(4)
comply with the requirements of §1958.155 of the Act (relating to Conflict
of Interest; Disclosure Required);
(5) maintain insurance coverage required
under §78.40 while engaging in mold-related activities regulated under
this chapter;
(6) comply with the
recordkeeping responsibilities under §78.74;
(7) cooperate with department personnel and
representatives or designees of the department in the discharge of their
official duties, as described in §78.85; and
(8) notify the department of the following
changes no later than the indicated time period after such changes occur, on a
department-approved form in a manner specified by the department:
(A) withdrawal of licensed mold remediation
contractor or licensed mold remediation company from association with a mold
remediation project- five calendar days.
(B) addition of licensed mold remediation
company to association with a mold remediation project- one calendar
day.
(C) change in mailing address
or telephone number- 30 calendar days.
(D) change of persons who have an ownership
interest of 10% or more in a person licensed or accredited under this chapter,
including additions to or deletions from any list of such persons previously
supplied to the department and any changes in the names, addresses, or
occupations of any persons on such a list- 30 calendar days.
(E) addition or deletion of a responsible
person- 30 calendar days.
(b) All individuals who are required to be
licensed or registered under this chapter must have a valid department-issued
identification card, credential, or certificate, as applicable, present at the
worksite when engaged in mold-related activities.
(c) The licensee overseeing mold-related
activities, with the exception of activities performed by a mold analysis
laboratory, must ensure that a client and the property owner (or the property
owner's designee), if not the same, are provided a copy of the department
Consumer Mold Information Sheet (CMIS).
(1)
The licensee shall provide the CMIS on the earlier of:
(A) the first contact with the client,
potential client, or property owner or designee of the property owner,
or
(B) at least one calendar day
before the initiation of any mold-related activity.
(2) In an emergency as described in
§78.110(e), the licensee shall ensure that the Consumer Mold Information
Sheet is provided to the client and the property owner (or the property owner's
designee), if not the same, as soon as practicable but not later than the
following calendar day after the licensee identifies the emergency.
(d) Credentialed persons are
responsible for determining whether the mold-related activities in which they
will engage require additional credentials beyond those required under this
chapter.
(e) No person shall sell,
assign, or transfer a credential, identification card, certificate, or approval
issued under this chapter. A person shall obtain a new credential or approval
after the transfer of a person that is not an individual before activities
requiring a credential or approval under this chapter may be
conducted.
(f) The individual that
is designated by a licensed mold assessment company or mold remediation company
as its responsible person shall not be the responsible person for another
licensee with the same category of license.
(g) Consumer complaint information.
(1) A licensed or accredited person shall
notify each client of the department's name, web address, mailing address, and
telephone number for the purpose of directing complaints to the
department.
(2) The information
shall be displayed on written documents provided by the credentialed person to
a client, property owner, or third party, including mold assessment reports and
protocols, mold remediation work plans, bids, estimates, contracts, bills for
service, and information brochures.
(h) Office requirement. A person licensed
under this chapter must maintain an office in Texas. An individual employed by
a person licensed under this chapter is considered to maintain an office in
Texas through that employer.
Notes
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