(a) License and registration requirements. A person must be licensed or registered in compliance with the Act and this chapter to perform any asbestos abatement or asbestos-related activity that requires a license or registration under the Act or this chapter.
(b) Qualifying work experience.
  (1) A licensee who performs supervision for any form of pre-licensure work experience required to obtain a license under any of the following provisions must provide direct, in-person supervision in the immediate proximity of the trainee and is the responsible licensee for such supervised acts.
  (2) For the purpose of determining the work experience required under this chapter for an initial license, eight hours of qualifying on-the-job work experience equals one day of the required work experience.
  (3) Work experience gained from performing removal of resilient floor-covering material under this section does not apply toward the training or work experience requirements for a registration or license to perform other asbestos-related activities.
(c) Age requirement. An individual applying for a license or registration under this chapter must be at least 18 years old.
(d) Term and expiration. The term of a new license or registration is two years and expires on the second anniversary of the issue date. The term of a renewal license or registration is two years after the date the previous license or registration expires.
(e) License or registration card. A license or registration identification card issued by DSHS is valid for the person named on the card until the license or registration expires or is revoked.
(f) Responsibility to report violations. A licensee who becomes aware of a violation of this chapter must report the violation to DSHS within 24 hours after becoming aware of the violation if the violation is not immediately corrected by the responsible party. The phone number to report a violation is on the Violation Notification Procedure poster that must be posted at the entrance to the regulated area as required in §296.211(i) of this chapter (relating to General Requirements for Asbestos Abatement in a Public Building).
(g) Prohibition. A licensee is subject to disciplinary action, in addition to a violation of the Act or this chapter, if the licensee engages in the following activities:
  (1) alters, sells, assigns, or transfers a license or registration issued in accordance with this chapter;
  (2) makes any false, misleading, or deceptive claim in any asbestos-related advertising, announcement, presentation, or competitive bidding; or
  (3) engages in activities prohibited in §296.271 of this chapter relating to (Inspections and Investigations) or §296.313 of this chapter (relating to Denial, Suspension, or Revocation of License or Reprimand of Licensee).
(h) Penalties. A licensee is subject to applicable administrative, civil, and criminal sanctions for any violation as described in Subchapter Q of this chapter (relating to Compliance). State and federal violations and citations become a part of a licensee's DSHS record.

Source Note: The provisions of this §296.41 adopted to be effective July 8, 2021, 46 TexReg 3880