Part III.
Texas Board of Chiropractic Examiners
Chapter 75.
Rules of Practice
22 TAC §75.13
The Texas Board of Chiropractic Examiners proposes to amend
Chapter 75 by adding new §75.13, relating to disciplinary records and
reportable actions. The Texas Chiropractic Act, Texas Civil Statutes, Article
4512b, §14c.1(e) requires the board to adopt rules concerning the retention
of information files on licensees and the expunction of files, including complaints,
adverse reports, and other investigative information on licensees. The proposed
section sets out a procedure by which a licensee may request removal of certain
disciplinary actions from the board's records and defines the types of disciplinary
action for which removal is permitted. Only licensees with one board order
are eligible to request removal of records pertaining to minor infractions
or probated suspensions, older than three and seven years, respectively. Such
licensees may not have any pending or subsequent disciplinary action against
them. The limitations imposed on this procedure are intended to protect the
public's interest in information on licensees who have been disciplined for
violations that impose a safety risk upon patients or the public and the board's
need to maintain disciplinary history on licensees who fail to comply with
state law and its rules. The proposed section also provides for a board policy
of removing closed complaints on which no formal disciplinary action was taken
after three years from the date a complaint was closed. The information proposed
for removal after the specified period of time for eligible licensees relate
to unfounded complaints, minor infractions and/or older disciplinary action.
Such records may not reflect accurately a practitioner's present quality of
care; therefore, retention serves no other regulatory purpose after a certain
period of time. These records in all probability would not be considered in
a subsequent disciplinary action; therefore, the purpose for maintaining such
records no longer exists, and consistent with the state policy on records
management, should be removed. Removal of any record, whether upon a licensee's
request or by board policy, will follow and be consistent with the board's
records retention schedule as required by the state's records retention law.
This proposed section will not be effective until the board's retention schedule
has been amended and approved by the state library. The proposal is adapted
from a similar provision of the State Board of Dental Examiners, 22 TAC §107.400.
Cindy Palmer, Financial Officer of the Board, has determined that for the
first five-year period the proposed new rule is in effect, there will be no
fiscal implications for state or local government as a result of enforcing
or administering the proposed rule.
Ms. Palmer also has determined that for each year of the first five years,
the proposed rule is in effect, the public benefit anticipated as a result
of enforcing the rule will be that records, which the agency no longer has
a use or purpose for keeping will be removed, consistent with state law on
records management. There will be no added effect on small businesses verses
that on larger businesses. There is no anticipated economic cost to persons
who are required to comply with proposed rule other than incidental costs
of submitting a request for removing a record such as postage.
Comments may be submitted, no later than 30 days from the date of this
publication, to Joyce Kershner, Rules Committee, Texas Board of Chiropractic
Examiners, 333 Guadalupe, Tower III, Suite 825, Austin, Texas 78701.
The new rule is proposed under Texas Civil Statutes, Article
4512b, §§4(c), 4a, which the board interprets as authorizing it
to adopt rules necessary for performance of its duties, the regulation of
the practice of chiropractic, and the enforcement of the Act, and §14c.1(e),
which the board interprets as requiring it to adopt rules relating to its
disciplinary records on licensees.
The following are the statutes, articles, or codes affected by the proposed
rule: §75.13 - Texas Civil Statutes, Article 4512b, §§4(c),
4a, 14c.1(e).
§75.13. Disciplinary Records and Reportable Actions.
(a)
Information concerning licensure status for all licensees
of the board is entered in a license database. The entry in the license database
for a licensee who has been disciplined will be annotated that a disciplinary
action has occurred. In responding to licensure status requests, the board
will report whether a licensee has been disciplined by the board.
(b)
The board, upon written request from a licensee, will
remove such annotations from the database and its other records if the discipline
imposed falls into any category listed in paragraphs (1)-(2) of this subsection.
Licensees having more than one disciplinary action do not qualify for removal
of the annotations.
(1)
Disciplinary action in which a reprimand was issued:
(A)
the effective date of the board order is at least three
years past;
(B)
the licensee has had no subsequent disciplinary action;
(C)
the licensee has had no disciplinary proceeding pending;
and
(D)
the licensee currently in not under investigation by the
board.
(2)
Disciplinary action in which a "suspension,
all probated" order was issued:
(A)
the effective date of the board order is at least seven
years past;
(B)
the "suspension, all probated" order did not involve action
based upon either fraud or conviction of a criminal act;
(C)
the licensee has had no subsequent disciplinary action;
(D)
the licensee has no disciplinary proceeding pending; and
(E)
the licensee currently is not under investigation by the
board.
(c)
The enforcement committee shall review a request and may
ask for additional information from the licensee to evaluate the request.
(d)
Upon a determination by the enforcement committee that
the licensee meets all requirements of this section, the committee shall recommend
that the board either grant or deny the request. The committee shall provide
its reasons to the board for the recommendation.
(e)
Should the board grant the request, the annotation of
disciplinary action for a licensee and other files relating to that disciplinary
action will be removed from the board's records pursuant to the board's records
retention schedule.
(f)
The board will notify the licensee in writing of its decision
within a reasonable period of time.
(g)
The board may remove from its records after three years
from the date of closure any complaint which did not result in disciplinary
action by the board as provided by the board's records retention schedule.
(h)
The removal of disciplinary records under this section
is within the sole discretion of the board. Its decision is final and is not
subject to judicial review.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State, on
March 15, 1999.
TRD-9901559
Gary K. Cain, Ed. D.
Executive Director
Texas Board of Chiropractic Examiners
Earliest possible date of adoption: April 25, 1999
For further information, please call: (512) 305-6709
Chapter 361.
Administration
Subchapter A. General Provisions
22 TAC §361.1
The Texas State Board of Plumbing Examiners proposes an amendment
to §361.1, concerning Definitions. This section specifies the meanings
of words and terms used in the Plumbing License Law and Board Rules. The proposed
amendment is part of the Board's intent to comply with House Bill Number 1,
75th Legislature, Regular Session, 1998-1999, Article IX, Section 167, and
the Board's rule review plan, which requires the Board to complete a review
of Chapter 361 of the Board Rules by August 31, 1999. All of the proposed
amendments to §361.1 are for the purpose of clarity and in no way will
effect change in the method that the Board currently conducts business, carries
out or enforces the Plumbing License Law and Board Rules. None of the proposed
amendments to §361.1 will effect change in the current requirements of
the Board Rules.
Elsewhere in this issue of the
Texas Register
the Texas State Board of Plumbing Examiners is contemporaneously proposing
the review of Chapter 361. Administration, Subchapter A. General Provisions
(§§361.1-361.9), Subchapter B. Petition for Adoption of Rules (§§361.21-361.28)
and Subchapter C. Election of Board Officers, (§361.29). This review
is in accordance with the Appropriations Act of 1997, HB 1, Article IX, Section
167.
Proposed grammatical changes include proper use of capitalized words. Renumbering
of definitions reflect the proposed deletion of obsolete definitions of certain
terms or words.
Section 361.1(2), proposes a language change that reflects only the change
in the cite of state law that governs the proceedings for refusal, suspension,
or revocation of a license.
Section 361.1(8) and §361.1(9), proposes definitions of "Chief Examiner"
and "Chief Field Representative" that clarify the current general duties and
responsibilities of those two Board employees.
Section 361.1(12), generally defines Continuing Professional Education
and clarifies that it is currently required for renewal of a License or Endorsement.
Section 361.1(14), mirrors the definition of "Field Representative" that
is found in §8B of the Plumbing License Law.
Section 361.1(15), mirrors the definition of "Journeyman Plumber" that
is found in §2(3) of the Plumbing License Law.
Section 361.1(19), mirrors the definition of "Master Plumber" that is found
in §2(2) of the Plumbing License Law.
Section 361.1(20), clarifies the names of specific gasses that are currently
used for medical purposes and that the list of those gasses is not all inclusive.
Section 361.1(28), clarifies that the work that a Registered Plumbing Apprentice
may perform is currently limited under §365.2 of this title (relating
to Apprentice Registration) and §367.3 of this title (relating to Requirements
for Plumbing Companies) of the Board Rules.
Section 361.1(34), clarifies that a Water Supply Protection Specialist
is a Journeyman or Master Plumber that holds the Water Supply Protection Specialist
Endorsement issued by the Board.
James Fowler, Chief Fiscal Officer, Texas State Board of Plumbing Examiners,
has determined that for the first five-year period the rule is in effect there
will be no effect on state or local government as a result of enforcing or
administering the rule as proposed.
Mr. Fowler also has determined that for each year of the first five years
the rule is in effect the public benefit anticipated as a result of enforcing
or administering the rule will be greater protection of public health and
safety through better clarity and understanding of the meanings of words and
terms used in the Plumbing License Law and Board Rules. There will be no economic
costs to persons who are required to comply with the rule as proposed.
Comments on the proposed amendment may be submitted within 30 days of publication
of this proposed amendment in the
Texas Register
, to Doretta A. Conrad, Administrator, Texas State Board of Plumbing
Examiners, 929 East 41st Street, P.O. Box 4200, Austin, Texas, 78765-4200.
The amendment is proposed under the authority of Texas Revised
Civil Statutes Annotated Article 6243-101("Act"), §2 (2), §2(3),
§5(a), §8B, §8C, §9, §11A, and §12B (Vernon
Supp. 1998). Section 2(2) of the Act defines "Master Plumber". Section 2(3)
of the Act defines "Journeyman Plumber". Section 5(a) of the Act authorizes,
empowers and directs the Board to prescribe, amend and enforce all rules and
regulations necessary to carry out the Act. Section 5(a) of the Act requires
the Board to appoint an employee or employees thereof, with the power of removal,
as a plumbing examiner or examiners, whose duties shall be to examine, as
to their fitness and qualifications, all persons applying to the Board for
licenses. Section 8B of the Act defines "Field Representative". Section 8C
of the Act defines "Medical Gas Piping Installation Endorsement". Section
9 of the Act provides for penalties for violations of the Act and Board rules
and the governing of the proceedings for the refusal, suspension, or revocation
of a license. Section 11A of the Act defines "Water Supply Protection Specialist".
Section 12B of the Act sets out the general requirements for Continuing Professional
Education in order to renew a license.
No other statute, article, or code is affected by the proposed amendment.
§361.1.Definitions.
The following words and terms, when used in this part, have the following
meanings, unless the context clearly indicates otherwise:
(1)
Act - The Plumbing License Law, Texas Civil Statutes, Article
6243-101, as amended.
(2)
Administrative Act - The Administrative Procedure
Act, the
Texas
Government Code, Chapter 2001,
Section 2001.001,
et seq
, as amended.
(3)
Administrator - The
Board
[
[
(4)
[
(5)
[
(6)
[
(7)
[
[
(8)
Chief Examiner - an employee of the
Board who, under the direction of the Administrator, coordinates and supervises
the activities of the Board examinations.
(9)
Chief Field Representative - an employee
of the Board who meets the definition of "Field Representative" and, under
the direction of the Administrator, coordinates and supervises the activities
of the Field Representatives.
(10)
Complaint - A written charge alleging:
(A)
violation of state law,
Board
[
(B)
the presence of fraud, false information, or error in the
attempt to obtain a
License
[
(11)
Contested
Case
[
(12)
Continuing
Professional Education
[
(13)
Endorsement - a certification issued by the
Board
[
(14)
Field Representative -
(A)
For the purposes of these Rules, "Field
Representative" means an employee of the Board who is:
(i)
knowledgeable of this Act and of municipal
ordinances relating to plumbing;
(ii)
qualified by experience and training in
good plumbing practice; and
(iii)
designated by the Board to assist in
the enforcement of this Act and rules adopted under this Act.
(B)
A field representative may:
(i)
make on-site license checks to determine
compliance with this Act;
(ii)
investigate consumer complaints filed
under Section 8A of this Act;
(iii)
assist municipal plumbing inspectors
in cooperative enforcement of this Act; and
(iv)
issue citations as provided by Section
14 of this Act.
[
[
[
[
[
(15)
[
[
[
(16)
[
(17)
[
(18)
[
(19)
[
[
[
[
(20)
[
[
(21)
[
(22)
[
(23)
[
(24)
[
(A)
supply, recirculate, drain, or eliminate water, gas, liquids,
and sewage for all personal or domestic purposes in and about buildings where
persons live, work, or assemble;
(B)
connect the building on its outside with the source of
water, gas, or other liquid supply, or combinations of these, on the premises,
or the water main on public property; and
(C)
carry waste water or sewage from or within a building to
the sewer service lateral on public property or the disposal or septic terminal
that holds private or domestic sewage. The installation, repair, service,
maintenance, alteration, or renovation of all piping, fixtures, appurtenances,
and appliances on premises where persons live, work, or assemble that supply
gas, water, liquids, or any combination of these, or dispose of waste water
or sewage.
(25)
[
(26)
[
(27)
[
(28)
[
(29)
[
(30)
[
(31)
[
[
(32)
[
(33)
[
(34)
[
(35)
[
(36)
[
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of the Secretary of State, on
March 15, 1999.
TRD-9901589
Robert L. Maxwell
Chief of Field Services/Investigations
Texas State Board of Plumbing Examiners
Earliest possible date of adoption: April 25, 1999
For further information, please call: (512) 458-2145
22 TAC §361.6
The Texas State Board of Plumbing Examiners proposes an amendment
to §361.6, concerning Fees. This section specifies the fee amounts required
for examinations, licenses, endorsements, renewal of licenses and endorsements
and the method of payment of fees. The proposed amendment is part of the Board's
intent to comply with House Bill Number 1, 75th Legislature, Regular Session,
1998-1999, Article IX, Section 167, and the Board's rule review plan, which
requires the Board to complete a review of Chapter 361 of the Board rules
by August 31, 1999. The proposed amendment to §361.6 is to clarify the
current method of payment of fees and in no way will effect change in the
amount of fees, method that the Board currently conducts business, carries
out or enforces the Plumbing License Law and Board Rules. None of the proposed
amendments to §361.6 will effect change in the current requirements of
the Board Rules. Proposed grammatical changes include proper use of capitalized
words. Renumbering of sub-sections reflect the proposed deletion of superfluous
terms or words that, by their deletion, do not effect current methods of payment
or any other requirements of the Board Rules.
Elsewhere in this issue of the
Texas Register
the Texas State Board of Plumbing Examiners is contemporaneously proposing
the review of Chapter 361. Administration, Subchapter A. General Provisions
(§§361.1-361.9), Subchapter B. Petition for Adoption of Rules (§§361.21-361.28)
and Subchapter C. Election of Board Officers, (§361.29). This review
is in accordance with the Appropriations Act of 1997, HB 1, Article IX, Section
167.
The proposed amendment clarifies that Examination fees shall be paid in
the form of cash, cashiers check, or money order, or, only in the case of
the Plumbing Inspector Examination, in the form of a city check; License and
Endorsement Fees shall be paid in the form of cash, cashiers check, personal
check (including company check), or money order, or, only in the case of Plumbing
Inspector's License, in the form of a city check; and License and Endorsement
renewal fees shall be paid in the form of cash, cashiers check, personal check
(including company check), or money order, or, only in the case of the Plumbing
Inspector License, in the form of a city check.
James Fowler, Chief Fiscal Officer, Texas State Board of Plumbing Examiners,
has determined that for the first five-year period the rule is in effect there
will be no effect on state or local government as a result of enforcing or
administering the amendment as proposed.
Mr. Fowler also has determined that for each year of the first five years
the rule is in effect the public benefit anticipated as a result of enforcing
the rule will be a better understanding of the required methods of fee payment.
There will be no economic costs to persons who are required to comply with
the rule as proposed.
Comments on the proposed amendment may be submitted within 30 days of publication
of this proposed amendment in the
Texas Register
, to Doretta A. Conrad, Administrator, Texas State Board of Plumbing
Examiners, 929 East 41st Street, P.O. Box 4200, Austin, Texas, 78765-4200.
The amendment is proposed under the authority of the Texas Revised
Civil Statutes Annotated Article 6243-101 ("Act"), §5(a), and §13(a)
(Vernon Supp. 1998). Section 5(a) of the Act authorizes, empowers and directs
the Board to prescribe, amend and enforce all rules and regulations necessary
to carry out the Act. Section 13(a) of the Act requires the Board to establish
fees that are reasonable and necessary to defray the cost of administering
the Act.
No other statute, article, or code is affected by the proposed amendment.
§361.6.Fees.
(a)
(No change.)
(b)
Methods of payment
(1)
Examination fees shall be paid [
[
[(B)
by mail in the form of cashiers check
or money order, or, only in the case of the inspector's examination, in the
form of a city check.]
(2)
Licensing and
Endorsement
[
[
[(B)
by mail in the form of cashiers check,
personal check (including company check), or money order, or, only in the
case of the inspector's license, in the form of a city check.]
(3)
License and
Endorsement
[
[
[(B)
by mail in the form of cashiers check,
personal check (including company check), or money order, or, only in the
case of the inspector's license, in the form of a city check.]
(4)
[
(5)
[
(A)
[
(B)
[
(C)
[
This agency hereby certifies that the proposal
has been reviewed by legal counsel and found to be within the agency's legal
authority to adopt.
Filed with the Office of the Secretary of State, on
March 15, 1999.
TRD-9901590
Robert L. Maxwell
Chief of Field Services/Investigations
Texas State Board of Plumbing Examiners
Earliest possible date of adoption: April 25, 1999
For further information, please call: (512) 458-2145
22 TAC §361.7
(Editor's note: The text of the following section
proposed for repeal will not be published. The section may be examined in
the offices of the Texas State Board of Plumbing Examiners or in the Texas
Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street,
Austin.)
The Texas State Board of Plumbing Examiners proposes the repeal
of §361.7, concerning Roster of Licenses. This section allows the Board
to maintain and distribute a roster of licensees. This section also allows
the Board to act as the repository for information regarding medical gas certification
companies when information has been submitted to the Board and the Board would
supply that information to any requestor. The proposed repeal is part of the
Board's intent to comply with House Bill Number 1, 75th Legislature, Regular
Session, 1998-1999, Article IX, Section 167, and the Board's rule review plan,
which requires the Board to complete a review of Chapter 361 of the Board
Rules by August 31, 1999. The proposed repeal of §361.7 is due to the
rule's obsolescence. The Board no longer maintains a roster of licensees,
but instead maintains computer records of licensees and will, upon request
for public information, distribute a list of all or any licensees. The repository
for information regarding medical gas certification companies has been underutilized
since it was established in 1996. The Board has received information from
only two of the hundreds of companies in existence. The Board has received
no requests for that information.
Elsewhere in this issue of the
Texas Register
the Texas State Board of Plumbing Examiners is contemporaneously proposing
the review of Chapter 361. Administration, Subchapter A. General Provisions
(§§361.1-361.9), Subchapter B. Petition for Adoption of Rules (§§361.21-361.28)
and Subchapter C. Election of Board Officers, (§361.29). This review
is in accordance with the Appropriations Act of 1997, HB 1, Article IX, Section
167.
James Fowler, Chief Fiscal Officer, Texas State Board of Plumbing Examiners,
has determined that for the first five-year period the rule is in effect there
will be no effect on state or local government as a result of enforcing or
administering the repeal.
Mr. Fowler also has determined that for each year of the first five years
the repeal is in effect the public benefit anticipated as a result of enforcing
the repeal will be the more efficient use of appropriated funds. As a result
of the repeal, there will be no economic costs to persons who have complied
with the existing rule.
Comments on the proposed repeal may be submitted within 30 days of publication
of this proposed repeal in the
Texas Register
,
to Doretta A. Conrad, Administrator, Texas State Board of Plumbing Examiners,
929 East 41st Street, P.O. Box 4200, Austin, Texas, 78765-4200.
The repeal is proposed under the authority of Texas Revised Civil
Statutes Annotated Article 6243-101("Act"), §5(a) (Vernon Supp. 1998).
Section 5(a) of the Act authorizes, empowers and directs the Board to prescribe,
amend and enforce all rules and regulations necessary to carry out the Act.
No other statute, article, or code is affected by the proposed repeal.
§361.7.Roster of Licensees.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of the Secretary of State, on
March 15, 1999.
TRD-9901591
Robert L. Maxwell
Chief of Field Services/Investigations
Texas State Board of Plumbing Examiners
Earliest possible date of adoption: April 25, 1999
For further information, please call: (512) 458-2145
22 TAC §361.8
The Texas State Board of Plumbing Examiners proposes an amendment
to §361.8, concerning Forms and Materials. This section incorporates
by reference any rules contained in the forms used by the Board to conduct
business. The proposed amendment is part of the Board's intent to comply with
House Bill Number 1, 75th Legislature, Regular Session, 1998-1999, Article
IX, Section 167, and the Board's rule review plan, which requires the Board
to complete a review of Chapter 361 of the Board Rules by August 31, 1999.
The proposed amendment to §361.8 deletes superfluous language, combines
individual License and Endorsement Renewal forms in to one category and adds
the
Supplemental Criminal Information
form,
the
Application for Nonstandard Testing Accommodations
form including the
Physician or Licensed
Health Care Provider
form to the list of required forms. The
James Fowler, Chief Fiscal Officer, Texas State Board of Plumbing Examiners,
has determined that for the first five-year period the rule is in effect there
will be no effect on state or local government as a result of enforcing or
administering the amendment as proposed.
Mr. Fowler also has determined that for each year of the first five years
the rule is in effect the public benefit anticipated as a result of enforcing
the rule will be that, through the use of these forms, applicants will be
assured fair, equal and expeditious determinations regarding requests for
licensure and nonstandard testing accommodations. The amendment makes it clear
to applicants that the Board requires the use of these forms to conduct business.
As a result of the amendment, there will be no economic costs to persons who
are required to comply with the rule.
Comments on the proposed amendment may be submitted within 30 days of publication
of this proposed amendment in the
Texas Register
, to Doretta A. Conrad, Administrator, Texas State Board of Plumbing
Examiners, 929 East 41st Street, P.O. Box 4200, Austin, Texas, 78765-4200.
The amendment is proposed under Texas Revised Civil Statutes
Annotated Article 6252-13c, §§4(a), 4(b) and 4(c). Section 4(a)
authorizes a licensing authority to suspend or revoke an existing valid license,
disqualify a person from receiving a license, or deny to a person the opportunity
to be examined for a license because of a person's conviction of a felony
or misdemeanor if the crime directly relates to the duties and responsibilities
of the licensed occupation. Section 4(b) and § 4(c) list what factors
should be considered when determining whether or not a crime relates to a
licensed occupation and when determining the fitness of an applicant with
past convictions. The amendment to §361.28 is also proposed under and
effects Texas Revised Civil Statutes Annotated Article 6243-101("Act"), §5(a),
§8, (Vernon Supp. 1998) and the rule it amends. Section 5(a) of the Act
authorizes, empowers and directs the Board to prescribe, amend and enforce
all rules and regulations necessary to carry out the Act. Section 8 of the
Act directs the Board to administer a uniform and reasonable examination to
determine the fitness, competency and qualifications of persons to engage
in the business, trade or calling of a master or journeyman plumber or plumbing
inspector.
No other statute, article, or code is affected by the proposed amendment.
§361.8.Forms and Materials.
The Board incorporates by reference any rules that may be contained
in the following forms and requires the use of these forms in doing business
with the agency:
(1)-(4)
(No change.)
(5)
Applications for renewals
and/or Endorsements
(6)
Supplemental Criminal
History Information
(7)
Application for Nonstandard
Testing Accommodations including the Physician or Licensed Health Care Provider.
[
Renewal of Master Plumber
License]
[
Renewal of Journeyman
Plumber License]
[
Renewal of Plumbing Inspector
License]
[
Renewal of Endorsement]
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of the Secretary of State, on
March 15, 1999.
TRD-9901592
Robert L. Maxwell
Chief of Field Services/Investigations
Texas State Board of Plumbing Examiners
Earliest possible date of adoption: April 25, 1999
For further information, please call: (512) 458-2145
22 TAC §361.9
The Texas State Board of Plumbing Examiners proposes an amendment
to §361.9, concerning Charges for Copies of Public Records. This section
states the rates that the Board may charge for requests for public information.
The proposed amendment is part of the Board's intent to comply with House
Bill Number 1, 75th Legislature, Regular Session, 1998-1999, Article IX, Section
167, and the Board's rule review plan, which requires the Board to complete
a review of Chapter 361 of the Board Rules by August 31, 1999. The existing
rule lists specific rates established by the Board for various types of requests
for public information. State agencies are required to charge the fees established
by the Public Information Act and the General Services Commission. The proposed
amendment to §361.9 supports that requirement and doesn't require that
the Board amend the rule in the event that the General Services Commission
changes its rates.
Elsewhere in this issue of the
Texas Register
the Texas State Board of Plumbing Examiners is contemporaneously proposing
the review of Chapter 361. Administration, Subchapter A. General Provisions
(§§361.1-361.9), Subchapter B. Petition for Adoption of Rules (§§361.21-361.28)
and Subchapter C. Election of Board Officers, (§361.29). This review
is in accordance with the Appropriations Act of 1997, HB 1, Article IX, Section
167.
James Fowler, Chief Fiscal Officer, Texas State Board of Plumbing Examiners,
has determined that for the first five-year period the rule is in effect there
will be no effect on state or local government as a result of enforcing or
administering the amendment as proposed.
Mr. Fowler also has determined that for each year of the first five years
the rule is in effect the public benefit anticipated as a result of enforcing
the rule will be that persons that request public information will be assured
that they will be charged according to fair and equal state wide standards.
As a result of the amendment, there will be no economic costs to persons required
to comply with the rule as proposed.
Comments on the proposed amendment may be submitted within 30 days of publication
of this proposed amendment in the
Texas Register
, to Doretta A. Conrad, Administrator, Texas State Board of Plumbing
Examiners, 929 East 41st Street, P.O. Box 4200, Austin, Texas, 78765-4200.
The amendment is proposed under Texas Government Code, Chapter
552.261 and Chapter 552.262. Chapter 552.261 generally outlines reasonable
charges for public information. Chapter 552.262 states the rules of the General
Services Commission for charges for public information. The amendment is also
proposed under and effects Texas Revised Civil Statutes Annotated Article
6243-101("Act"), §5(a), (Vernon Supp. 1998) and the rule it amends. Section
5(a) of the Act authorizes, empowers and directs the Board to prescribe, amend
and enforce all rules and regulations necessary to carry out the Act.
No other statute, article, or code is affected by the proposed amendment.
§361.9.Charges for Copies of Public Records.
[(a)]
The charge to any person requesting copies
of any public record of the Texas State Board of Plumbing Examiners will be
the charge established by the General Services Commission
and according
to the requirements of the Public Information Act.
[
[(1)
Labels - Whole State:]
[(A)
Active Masters and Journeyman ($100)]
[(B)
Mainframe set-up fee ($25)]
[(2)
Labels - Per City:]
[(A)
Active Masters and Journeyman ($0.02 per name)]
[(B)
Mainframe set-up fee ($25)]
[(3)
Lists - Whole State:]
[(A)
Active Masters and Journeyman ($100)]
[(B)
Mainframe set-up fee ($20)]
[(4)
Lists - Per City:]
[(A)
Active Masters and Journeyman ($0.02 per name)]
[(B)
Mainframe set-up fee ($20)]
[(5)
Tape - Whole State ($100)]
[(6)
Computer Resource Charges (mainframe
and programming time): as determined by the Department of Information Resources]
[(7)
Data base file ($0.02 per name)]
[
Copies of public records shall be furnished
without charge or at a reduced charge if the administrator determines that
waiver or reduction of the fee is in the public interest because furnishing
the information can be considered as primarily benefiting the general public.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State, on
March 15, 1999.
TRD-9901593
Robert L. Maxwell
Chief of Field Services/Investigations
Texas State Board of Plumbing Examiners
Earliest possible date of adoption: April 25, 1999
For further information, please call: (512) 458-2145
22 TAC §361.25
The Texas State Board of Plumbing Examiners proposes an amendment
to §361.25, concerning Contested Cases: Informal Disposition. This section
requires the Board to establish an enforcement committee, outlines the make
up of the committee and states the duties of the committee. The proposed amendment
is part of the Board's intent to comply with House Bill Number 1, 75th Legislature,
Regular Session, 1998-1999, Article IX, Section 167, and the Board's rule
review plan, which requires the Board to complete a review of Chapter 361
of the Board Rules by August 31, 1999. The proposed amendment to §361.25
allows for more than one Board member to be assigned to the committee and
deletes the assistant attorney general position from the committee. The amendment
also clarifies that it is a responsibility of the committee to pursue cases
at the State Office of Administrative Hearings.
Elsewhere in this issue of the
Texas Register
the Texas State Board of Plumbing Examiners is contemporaneously proposing
the review of Chapter 361. Administration, Subchapter A. General Provisions
(§§361.1-361.9), Subchapter B. Petition for Adoption of Rules (§§361.21-361.28)
and Subchapter C. Election of Board Officers, (§361.29). This review
is in accordance with the Appropriations Act of 1997, HB 1, Article IX, Section
167.
James Fowler, Chief Fiscal Officer, Texas State Board of Plumbing Examiners,
has determined that for the first five-year period the rule is in effect there
will be no effect on state or local government as a result of enforcing or
administering the amendment as proposed.
Mr. Fowler also has determined that for each year of the first five years
the rule is in effect the public benefit anticipated as a result of enforcing
the rule will be the assurance that all cases before the enforcement committee
will receive a fair and impartial review by the committee. The proposed amendment
will also ensure that contested cases will be afforded formal hearings, when
requested, before the State Office of Administrative Hearings. There will
be no economic costs to persons who are required to comply with the rule as
proposed.
Comments on the proposed amendment may be submitted within 30 days of publication
of this proposed amendment in the
Texas Register
, to Doretta A. Conrad, Administrator, Texas State Board of Plumbing
Examiners, 929 East 41st Street, P.O. Box 4200, Austin, Texas, 78765-4200.
The amendment is proposed under and effects Texas Revised Civil
Statutes Annotated Article 6243-101("Act"), §§5(a), 9(c), 9(d),
(Vernon Supp. 1998) and the rule it amends. Section 5(a) of the Act authorizes,
empowers and directs the Board to prescribe, amend and enforce all rules and
regulations necessary to carry out the Act. Section 9(c) entitles a person
whose application for licensure has been denied, or whose license is proposed
to be suspended or revoked, to a hearing before Board. Section 9(d) states
the procedures that the Board must follow when proposing to refuse, suspend
or revoke a license.
No other statute, article, or code is affected by the proposed amendment.
§361.25.Contested Cases: Informal Disposition.
The
Board
[
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State, on
March 15, 1999.
TRD-9901594
Robert L. Maxwell
Chief of Field Services/Investigations
Texas State Board of Plumbing Examiners
Earliest possible date of adoption: April 25, 1999
For further information, please call: (512) 458-2145
22 TAC §361.26
The Texas State Board of Plumbing Examiners proposes an amendment
to §361.26, concerning Contested Cases: Investigations. This section
allows the Board to investigate complaints filed against anyone who engages
in plumbing. This section also defines "written contract" and states the requirements
for Responsible Master Plumbers regarding written contracts. The proposed
amendment is part of the Board's intent to comply with House Bill Number 1,
75th Legislature, Regular Session, 1998-1999, Article IX, Section 167, and
the Board's rule review plan, which requires the Board to complete a review
of Chapter 361 of the Board Rules by August 31, 1999. The proposed amendment
to §361.26 requires that Responsible Master Plumbers include their Master
Plumber License number on all written contracts.
Elsewhere in this issue of the
Texas Register
the Texas State Board of Plumbing Examiners is contemporaneously proposing
the review of Chapter 361. Administration, Subchapter A. General Provisions
(§§361.1-361.9), Subchapter B. Petition for Adoption of Rules (§§361.21-361.28)
and Subchapter C. Election of Board Officers, (§361.29). This review
is in accordance with the Appropriations Act of 1997, HB 1, Article IX, Section
167.
James Fowler, Chief Fiscal Officer, Texas State Board of Plumbing Examiners,
has determined that for the first five-year period the rule is in effect there
will be no effect on state or local government as a result of enforcing or
administering the amendment as proposed.
Mr. Fowler also has determined that for each year of the first five years
the rule is in effect the public benefit anticipated as a result of enforcing
the rule will be that the public will know whether or not they have contracted
for plumbing work with a licensed Responsible Master Plumber and, if so, will
also know specifically which Responsible Master Plumber they have contracted
with. The proposed amendment will also facilitate the Board's investigation
of complaints that have been filed against Responsible Master Plumbers when
written contracts are included as evidence in proving allegations. The proposed
amendment will also benefit the Responsible Master Plumber by informing persons
that he or she contracts plumbing work with, that he or she is a Licensed
Master Plumber. There may be printing costs to the persons that will be required
to comply with the rule as proposed, if those persons desire to have the license
number professionally printed on their written contracts.
Comments on the proposed amendment may be submitted within 30 days of publication
of this proposed amendment in the
Texas Register
, to Doretta A. Conrad, Administrator, Texas State Board of Plumbing
Examiners, 929 East 41st Street, P.O. Box 4200, Austin, Texas, 78765-4200.
The amendment is proposed under and effects Texas Revised Civil
Statutes Annotated Article 6243-101("Act"), §§5(a), 8A(a), 8A(b),
9(a), and 14, (Vernon Supp. 1998) and the rule it amends. Section 5(a) of
the Act authorizes, empowers and directs the Board to prescribe, amend and
enforce all rules and regulations necessary to carry out the Act. Section
8A(a) authorizes the Board to conduct any investigations regarding alleged
violations of the Act by any licensed or unlicensed plumber. Section 8A(b)
requires the Board to maintain an information file about each complaint filed
with the Board relating to a licensee. Section 9(a) requires that the Board
take action to enforce the Act and Board Rules. Section 14 describes acts
that are prohibited under the Plumbing License Law and sets out actions that
the Board may take to enforce the Act. Sections 5(a), 8A(a), 8A(b), 9(a),
and 14 charge the Board with carrying out and enforcing the Act. When violations
of the Act or Board Rules are found, the proposed rule amendment enables the
Board to have a procedure for identifying the responsible individuals, in
order that the Board can comply with its charge to enforce the Act and Board
Rules.
No other statute, article, or code is affected by the proposed amendment.
§361.26.Contested Cases: Investigations.
(a)
The Board may investigate complaints regarding any licensed
or unlicensed person who engages in plumbing as defined in Texas Civil Statutes,
Article 6243-101, §3.
(b)
Each written contract for services [
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State, on
March 15, 1999.
TRD-9901595
Robert L. Maxwell
Chief of Field Services/Investigations
Texas State Board of Plumbing Examiners
Earliest possible date of adoption: April 25, 1999
For further information, please call: (512) 458-2145
22 TAC §361.27
The Texas State Board of Plumbing Examiners proposes an amendment
to §361.27, concerning Rules of Practice and Procedure. This section
sets out the rules that the Board and contestants shall follow when a case
has been contested. The proposed amendment is part of the Board's intent to
comply with House Bill Number 1, 75th Legislature, Regular Session, 1998-1999,
Article IX, Section 167, and the Board's rule review plan, which requires
the Board to complete a review of Chapter 361 of the Board Rules by August
31, 1999. The proposed amendment to §361.27 does not alter the manner
in which contested cases are handled, but changes language to clarify that
the Board is required to give clear advanced notice of the Board's entitlement
to a continuance in a contested case, in the event that an individual fails
to file a timely appearance. The amendment replaces the language "petitioner"
with "Board" to clarify that the party that would petition for default judgement
is the Board.
Elsewhere in this issue of the
Texas Register
the Texas State Board of Plumbing Examiners is contemporaneously proposing
the review of Chapter 361. Administration, Subchapter A. General Provisions
(§§361.1-361.9), Subchapter B. Petition for Adoption of Rules (§§361.21-361.28)
and Subchapter C. Election of Board Officers, (§361.29). This review
is in accordance with the Appropriations Act of 1997, HB 1, Article IX, Section
167.
James Fowler, Chief Fiscal Officer, Texas State Board of Plumbing Examiners,
has determined that for the first five-year period the rule is in effect there
will be no effect on state or local government as a result of enforcing or
administering the amendment as proposed.
Mr. Fowler also has determined that for each year of the first five years
the rule is in effect the public benefit anticipated as a result of enforcing
or administering the rule will be a clearer understanding of the procedures
that are required to be followed by all parties in a contested case. There
will be no anticipated economic costs to persons who are required to comply
with the rule as proposed.
Comments on the proposed amendment may be submitted within 30 days of publication
of this proposed amendment in the
Texas Register
, to Doretta A. Conrad, Administrator, Texas State Board of Plumbing
Examiners, 929 East 41st Street, P.O. Box 4200, Austin, Texas, 78765-4200.
The amendment is proposed under and effects Texas Revised Civil
Statutes Annotated Article 6243-101("Act"), §§5(a) and 9(c) and
9(d), (Vernon Supp. 1998) and the rule it amends. Section 5(a) of the Act
authorizes, empowers and directs the Board to prescribe, amend and enforce
all rules and regulations necessary to carry out the Act. Section 9(c) entitles
a person whose application for licensure has been denied, or whose license
is proposed to be suspended or revoked, to a hearing before Board. Section
9(d) states the procedures that the Board must follow when proposing to refuse,
suspend or revoke a license. The amendment to §361.27 is also proposed
under the Administrative Procedure Act and the State Office of Administrative
Hearings Rules of Practice and Procedure, Title 1, Part VII, Chapters 155-163.
No other statute, article, or code is affected by the proposed amendment.
§361.27.Rules of Practice and Procedure.
(a)
Entry of Appearance; Continuance
(1)-(5)
(No change.)
(6)
The notice of hearing provided to a licensee for a
contested case as defined in this section shall include the following language
in capital letters in bold face type: THE [
(b)
Failure to Attend Hearing: Default Judgement
(1)
If a respondent fails to appear in person or through their
legal representative on the day and at the time set for hearing in a contested
case regardless of whether an appearance has been entered, the Administrative
Law Judge, upon motion by the
Board
[
(2)
For purposes of this section, default judgement shall
mean the issuance of a proposal for decision against the respondent in which
the factual allegations against the respondent contained in the Complaint
shall be admitted as prima facie evidence, and deemed admitted as true, without
any requirement for additional proof to be submitted by the
Board
[
(3)
(No change.)
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of the Secretary of State, on
March 15, 1999.
TRD-9901596
Robert L. Maxwell
Chief of Field Services/Investigations
Texas State Board of Plumbing Examiners
Earliest possible date of adoption: April 25, 1999
For further information, please call: (512) 458-2145
22 TAC §361.29
The Texas State Board of Plumbing Examiners proposes an amendment
to §361.29, concerning Election of Board Officers. This section requires
the Board to elect officers and sets out the terms of office for the officers.
The proposed amendment is part of the Board's intent to comply with House
Bill Number 1, 75th Legislature, Regular Session, 1998-1999, Article IX, Section
167, and the Board's rule review plan, which requires the Board to complete
a review of Chapter 361 of the Board Rules by August 31, 1999. The proposed
amendment to §361.29 requires that, in the event of an office vacancy,
a special election will be held at the next regularly scheduled board meeting
to fill the office for the unexpired term.
Elsewhere in this issue of the
Texas Register
the Texas State Board of Plumbing Examiners is contemporaneously proposing
the review of Chapter 361. Administration, Subchapter A. General Provisions
(§§361.1-361.9), Subchapter B. Petition for Adoption of Rules (§§361.21-361.28)
and Subchapter C. Election of Board Officers, (§361.29). This review
is in accordance with the Appropriations Act of 1997, HB 1, Article IX, Section
167.
James Fowler, Chief Fiscal Officer, Texas State Board of Plumbing Examiners,
has determined that for the first five-year period the rule is in effect there
will be no effect on state or local government as a result of enforcing or
administering the amendment as proposed.
Mr. Fowler also has determined that for each year of the first five years
the rule is in effect the public benefit anticipated as a result of enforcing
the rule will be that in the case of an office vacancy, the Board will have
the ability to continue to conduct business in an uninterrupted orderly fashion
to fulfill its mission to protect the health and safety of the citizens. There
will be no anticipated economic costs to persons who are required to comply
with the rule as proposed.
Comments on the proposed amendment may be submitted within 30 days of publication
of this proposed amendment in the
Texas Register
, to Doretta A. Conrad, Administrator, Texas State Board of Plumbing
Examiners, 929 East 41st Street, P.O. Box 4200, Austin, Texas, 78765-4200.
The amendment is proposed under and effects Texas Revised Civil
Statutes Annotated Article 6243-101("Act"), §5(a), (Vernon Supp. 1998)
and the rule it amends. Section 5(a) of the Act authorizes, empowers and directs
the Board to elect officers and to prescribe, amend and enforce all rules
and regulations necessary to carry out the Act.
No other statute, article, or code is affected by the proposed amendment.
§361.29.Election of Board Officers.
Beginning with the July 1997 Board meeting, the Board shall formally
elect a Chairman, Vice-Chairman, and Secretary. Elections will be held every
two years. The elected Board officers will take office beginning with the
September Board meeting following the elections held at the July Board meeting.
Each elected Board officer shall serve a two-year term.
If an office
becomes vacant for any reason, a special election will be held at the next
regularly scheduled board meeting to fill the office for the unexpired term.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State, on
March 15, 1999.
TRD-9901597
Robert L. Maxwell
Chief of Field Services/Investigations
Texas State Board of Plumbing Examiners
Earliest possible date of adoption: April 25, 1999
For further information, please call: (512) 458-2145
22 TAC §363.1
The Texas State Board of Plumbing Examiners proposes an amendment
to §363.1, concerning Qualifications. This section specifies the requirements
for all examinations. Section 363.1 currently requires applicants for the
Plumbing Inspector Examination, that are not licensed by the Board as a Master
Plumber or Journeyman Plumber, to receive an approved plumbing code certification
prior to being examined for the Plumbing Inspector Examination. The proposed
amendment requires unlicensed applicants for the Plumbing Inspector Examination
to meet additional prerequisites that will insure, prior to examination, that
the applicant has the background training to have an understanding of correct
plumbing installations necessary for the protection of the public's health
and safety when performing plumbing inspections. The proposed amendment allows
for the applicant's training to be obtained in any one of four methods:
(1) have completed 5,000 hours of experience working at the plumbing trade
or similar skilled work experience and technological training combined to
equal 5,000 hours as verified by employers, or;
(2) have completed 500 hours of on-the-job training in enforcement of plumbing
codes, supervised under a Licensed Plumbing Inspector, plus 28 hours of approved
training academy or educational sessions, or;
(3) be licensed as a plumbing inspector by another state with licensing
requirements substantially equivalent to the licensing requirements of the
Texas State Board of Plumbing Examiners, or;
(4) be licensed by the State of Texas as an architect or engineer.
James Fowler, Chief Fiscal Officer, Texas State Board of Plumbing Examiners,
has determined that for the first five-year period the rule is in effect there
will be no effect to state government as a result of enforcing the rule. Local
government will benefit by having more qualified applicants with a variety
of backgrounds to choose from when considering employment of a Licensed Plumbing
Inspector.
Mr. Fowler also has determined that for each year of the first five years
the rule is in effect the public benefit anticipated as a result of enforcing
the rule will be the assurance that the public health and safety will be better
protected by having plumbing inspections performed by thoroughly qualified
individuals. There is no anticipated economic costs to persons who are required
to comply with the rule as proposed.
Comments on the proposed amendment may be submitted within 30 days of publication
of this proposed amendment in the
Texas Register
, to Doretta A. Conrad, Administrator, Texas State Board of Plumbing
Examiners, 929 East 41st Street, P.O. Box 4200, Austin, Texas, 78765-4200.
The amendment is proposed under and effects Texas Revised Civil
Statutes Annotated Article 6243-101, ("Act"), §2(5), §5(a), (Vernon
Supp. 1998) and the rule it amends. Section 2(5) of the Act states that a
Plumbing Inspector must successfully fulfill the examinations and requirements
of the Board. Section 363.1 and the proposed amendments to it are Board requirements
for examination. Section 5(a) of the Act authorizes, empowers and directs
the Board to prescribe, amend and enforce all rules and regulations necessary
to carry out the Act. Section 5(a) also directs the Board to employ an examiner
whose duties shall be to examine, as to their fitness and qualifications,
all persons applying to the Board for licenses to serve as a Plumbing Inspector.
Section 363.1 and the proposed amendments to it set forth the qualifications
for examination as a Plumbing Inspector.
No other statute, article, or code is affected by the proposed amendment.
§363.1.Qualifications.
(a)
(No change.)
(b)
Journeyman Plumber. Each applicant must:
(1)
be a high school graduate, hold a General Equivalency Diploma
(GED) or have begun accumulating work experience hours prior to September
1, 1993 and apply to take the Journeyman examination by December 31, 1997;
and
(2)
have either of the following listed in subparagraphs
(A)-(B) of this paragraph:
(A)
registration as a registered plumbing apprentice and at
least 6,000 hours of experience working at the trade or such work experience
and technical training combined to equal 6,000 hours, as verified by [
(B)
a journeyman license from another state that need not be
current at the time of application if the expired license is renewable in
the state that issued it.
(c)
Plumbing Inspector. Each applicant must:
(1)
be a high school graduate or hold a General Equivalency
Diploma (GED) and
(2)
have one of the following listed in subparagraphs
(A)-(C) of this paragraph:
(A)
a journeyman or master plumber license issued in the state
of Texas;
(B)
a journeyman or master plumber license issued in another
state, provided he or she passes the Texas State Board of Plumbing Examiners
journeyman exam; or
(C)
successful completion of the International Association
of Plumbing and Mechanical Officials (IAPMO), International Conference of
Building Officials (ICBO), or Southern Building Code Congress International
(SBCCI) certification
and one of the following listed in clauses (i)-(iv)
of this subparagraph:
(i)
have completed 5,000 hours
of experience working at the plumbing trade or similar skilled work experience
and technological training combined to equal 5,000 hours as verified by employers,
or;
(ii)
have completed 500 hours of on-the-job
training in enforcement of plumbing codes, supervised under a Licensed Plumbing
Inspector, plus 28 hours of approved training academy or educational sessions,
or;
(iii)
be licensed as a plumbing inspector by
another state with licensing requirements substantially equivalent to the
licensing requirements of the Texas State Board of Plumbing Examiners, or;
(iv)
be licensed by the State of Texas as an
architect or engineer.
This agency hereby certifies that the proposal
has been reviewed by legal counsel and found to be within the agency's legal
authority to adopt.
Filed with the Office of the Secretary of State, on
March 15, 1999.
TRD-9901598
Robert L. Maxwell
Chief of Field Services/Investigations
Texas State Board of Plumbing Examiners
Earliest possible date of adoption: April 25, 1999
For further information, please call: (512) 458-2145
22 TAC §365.3
The Texas State Board of Plumbing Examiners proposes an amendment
to §365.3, concerning License Qualifications. This section lists qualifications
for licensing, including the minimum trade experience requirements to be met
by Plumber's Apprentices and the method for certification of trade experience
requirements. The amendment would reduce the number of hours in each of the
six trade experience categories in order that the total number of hours equals
the 6,000 hours experience at the trade that is required under Board Rule,
§363.1(b)(2)(A). The amendment also requires that a licensee complete
the Employer's Certification form within 30 days of a request by any individual
who has worked as a Plumber's Apprentice under the licensee's supervision,
in order to certify the number of trade experience hours completed by the
Plumber's Apprentice.
James Fowler, Chief Fiscal Officer, Texas State Board of Plumbing Examiners,
has determined that for the first five-year period the rule is in effect there
will be no effect on state or local government as a result of enforcing or
administering the rule.
Mr. Fowler also has determined that for each year of the first five years
the rule is in effect the public benefit anticipated as a result of enforcing
the rule will be the assurance that Plumber's Apprentices will receive the
proper training necessary to correctly install and repair plumbing systems
for the protection of the public's health and safety. The amendment will also
benefit the Plumber's Apprentices ability to document his or her training.
There is no anticipated economic costs to persons who are required to comply
with the rule as proposed.
Comments on the proposed amendment may be submitted within 30 days of publication
of this proposed rule in the
Texas Register
,
to Doretta A. Conrad, Administrator, Texas State Board of Plumbing Examiners,
929 East 41st Street, P.O. Box 4200, Austin, Texas, 78765-4200.
The amendment is proposed under and effects Texas Revised Civil
Statutes Annotated Article 6243-101("Act"), §5(a), §11, (Vernon
Supp. 1998) and the long standing rule it amends. Section 5(a) of the Act
authorizes, empowers and directs the Board to prescribe, amend and enforce
all rules and regulations necessary to carry out the Act. Section 11 of the
Act states that the Board may prescribe in its Rules the length of time that
a Plumber's Apprentice must work at the business, trade, or calling prior
to being allowed to take the Journeyman Plumber Examination. In considering
what determines the business, trade, or calling of plumbing, the Board has
outlined, in §365.3, the specific categories of plumbing that are considered
to be important when training for the plumbing trade and the specific length
of training time that should be devoted to each category.
No other statute, article, or code is affected by the proposed amendment.
§365.3.License Qualifications.
(a)
(No change.)
(b)
To be eligible to take the Journeyman examination, the
applicant must:
(1)
be a registered apprentice;
(2)
hold a high school diploma or General Equivalency
Diploma (GED); and
(3)
meet all the minimum trade experience requirements
set forth in subparagraphs (A)-(G) of this paragraph.
(A)
Installation or repair of piping for waste and vent drainage
systems,
1500
[
(B)
Installation or repair of piping for domestic hot and cold
water systems,
1500
[
(C)
Installation or repair of fixtures and equipment common
to plumbing systems, 1500 [
(D)
Installation or repair of Piping Hangers and Pipe Support
systems,
375
[
(E)
Installation or repair of Special Plumbing systems,
750
[
(F)
Understanding and implementing the Americans with Disabilities
Act,
375
[
(G)
When the registered apprentice applies to take the Journeyman
examination, he/she must submit the Employer's Certification. This form certifies
the applicant's work experience complies with the eligibility criteria for
the Journeyman examination. If the applicant has met the criteria through
employment with one employer, the Employer's Certification must be completed
by that employer. However, if the applicant has met the criteria through employment
with various employers, then the Employer's Certification must be submitted
from each of those employers. Therefore, the Board recommends the applicant
request an employer to complete the Employer's Certification each time the
applicant discontinues employment with a particular employer.
A licensee
is required to complete the Employer's Certification form within 30 days of
a request by any individual who has worked as a Plumber's Apprentice under
the licensee's supervision. It is the responsibility of the Plumber's Apprentice
to supply the licensee with the Employer's Certification form.
This agency hereby certifies that the proposal
has been reviewed by legal counsel and found to be within the agency's legal
authority to adopt.
Filed with the Office of the Secretary of State on March
15, 1999.
TRD-9901599
Robert L. Maxwell
Chief of Field Services/Investigations
Texas State Board of Plumbing Examiners
Earliest possible date of adoption: April 25, 1999
For further information, please call: (512) 458-2145
Part XVII.
Texas State Board of Plumbing Examiners
board
]-appointed
executive head of the administrative staff.
(4)
Agency - Any board, commission, department,
or officer having statewide jurisdiction to make rules or determine contested
cases other than an agency wholly financed by federal funds, the legislature,
the courts, the Texas Workers Compensation Commission, and institutions of
higher education.
]
(5)
] Appliance
Connection
[
connection
] - A minor appliance connection procedure that
does not require cutting into existing piping.
(6)
] Applicant - An individual
seeking to obtain a
License
[
license
] or
Endorsement
[
endorsement
].
(7)
] Board - The Texas State
Board of Plumbing Examiners.
(8)
] Board
Member
[
member
] - An individual appointed by the governor and confirmed
by the senate to serve on the
Board
[
board
].
(9)
Code - The Texas Administrative Code,
as provided in the Government Code, Chapter 2002, as amended
]
board
]
rules or orders, local codes or ordinances, or standards of competency; or
license
] or
Endorsement
[
endorsement
].
case
]
- A proceeding, including but not limited to rule making and licensing, in
which the agency determines the legal right, duties, and privileges of a party
after allowing an opportunity for adjudicative hearing of the case.
professional education
] - Board-approved courses/programs
required
[
necessary
] for a plumber to renew his or her
License
[
license
]
and/or Endorsement.
[
; such courses/programs
shall update and expand plumbers' knowledge of plumbing, new laws, codes,
technology, conservation, and health, safety, environmental requirements.
]
board
] in addition to the
Master
[
master
] or
Journeyman
[
journeyman
]
Plumber
[
plumber
]
License
[
license
].
An individual:
]
(A)
informed and knowledgeable about the Plumbing
Act and related municipal ordinances;
]
(B)
trained and experienced in good plumbing
practice;
]
(C)
Employed and designated by the board as
qualified to assist in the enforcement of this act and rules adopted under
it
].
(15)
Hardship - A set of circumstances
that warrants the board's consideration of waivers or special procedures.
]
(16)
] Journeyman
Plumber
[
plumber
] -
any person other than a master plumber
who supervises, engages in, or works at the actual installation, alteration,
repair, service, and renovating of plumbing, and who has successfully fulfilled
the examinations and requirements of the Board.
[
An individual
other than a master plumber who:
]
(A)
supervises over, engages in, or works
at the actual installation, alteration, repair, service, or renovation of
plumbing; and
]
(B)
has successfully completed the examinations
and met the board's requirements for journeyman status.
]
(17)
] License - A document
issued by the
Board
[
board
] to certify that the cited
person fulfilled the requirements of the Act and of these rules.
(18)
] Licensing - The process
of granting, denying, renewing, revoking , or suspending a
License
[
license
] or
Endorsement
[
endorsement
].
(19)
] Maintenance Man or
Maintenance Engineer - An employee, as opposed to an independent contractor,
who performs plumbing maintenance work incidental to and in connection with
other duties. "Incidental to and in connection with" includes the repair,
maintenance and replacement of existing potable water piping, existing sanitary
waste and vent piping, existing plumbing fixtures and existing water heaters.
"Incidental to and in connection with" does not include cutting into fuel
gas plumbing systems and the installation of gas fueled water heaters. A person
who erects, builds, or installs plumbing not already in existence may not
be classified as a maintenance man or maintenance engineer. Plumbing work
performed by a maintenance man or maintenance engineer is not exempt from
state law and municipal rules and ordinances regarding plumbing codes, plumbing
permits and plumbing inspections. Such maintenance persons shall not engage
in plumbing work for the general public.
(20)
] Master Plumber -
a person skilled in the planning, superintending, and the practical installation,
repair, and service of plumbing and is familiar with the codes, ordinances,
or rules and regulations governing those matters, who alone, or through a
person or persons under his supervision, performs plumbing work, and who has
successfully fulfilled the examinations and requirements of the Board.
[
An individual:
]
(A)
skilled in the planning, superintending,
and the practical installation, repair, alteration, service, and renovation
of plumbing;
]
(B)
familiar with the codes, ordinances, laws,
and rules governing plumbing matters and authorized to obtain permits for
the undertaking of plumbing installation or service;
]
(C)
successful in completing the examinations
and meeting the Board's requirements for master plumber status.
]
(21)
] Medical
Gas Piping Installation Endorsement
[
gas piping installation endorsement
] - a document entitling the holder of a
Master
[
master
] or
Journeyman
[
journeyman
]
Plumber
[
plumber
]
License
[
license
] to install
piping
[
pipe
]
that is
used solely to transport gases
used for medical purposes
including, but not limited to oxygen, nitrous
oxide, medical air, nitrogen, medical vacuum and medical air
.
(22)
Medical gas piping technician -
a master or journeyman plumber who holds a medical gas piping installation
endorsement.
]
(23)
] Party - Each person
named or admitted in association with an action as a party.
(24)
] Person - An individual,
partnership, corporation, association, governmental subdivision, or public
or private organization of any character other than an agency.
(25)
] Petitioner - A person
asking the
Board
[
board
] to adopt a rule.
(26)
] Plumbing - All piping,
fixtures, appurtenances, and appliances, including disposal systems, drain
or waste pipes, or any combination of these that:
(27)
] Plumbing
Company
[
company
] - A business which engages in plumbing
work. There is no criteria other than the performance of plumbing work that
will designate a business a plumbing company.
(28)
] Plumbing
Inspector
[
inspector
] - An individual with no financial or advisory
interests in any plumbing company who: is employed by or is an agent of a
political subdivision to check plumbing work for compliance with health and
safety laws and ordinances; and has successfully completed the examinations
and met the Board's requirements for
Plumbing
[
plumbing
]
Inspector
[
inspector
] status.
(29)
] Pocket Card - A card
issued by the Board which certifies that the holder has a plumbing license.
(30)
] Registered
Plumbing
Apprentice
[
plumbing apprentice
] - An individual other than
a master plumber or journeyman plumber whose principal occupation is learning
about and assisting in the installation of plumbing.
The work that may
be performed by a Registered Plumbing Apprentice is limited by the Act and
these Rules (See §365.2 and §367.3 of this title relating to Apprentice
Registration and Requirements for Plumbing Companies).
[
A registered
plumbing apprentice may assist a licensed journeyman or master plumber with
a medical gas endorsement in the installation of medical gas systems, however,
he or she may do so only under the direct supervision and within sight of
the endorsee. The registered plumbing apprentice may not braze, assemble,
nor install required pipe markings.
]
(31)
] Regularly
Employed
[
employed
] - Steadily, uniformly, or habitually working
in an employer-employee relationship with a view of earning a livelihood,
as opposed to working casually or occasionally.
(32)
] Respondent - A person
charged in a complaint filed with the
Board
[
board
].
(33)
] Responsible Master
Plumber - A responsible master plumber is the master that allows his Master
Plumber License to be used by a company for the purpose of performing plumbing
work and obtaining the required plumbing permits. The master plumber by allowing
his license to be used in this manner, assumes responsibility for all plumbing
work performed. A Responsible Master Plumber may allow his master plumber
license to be used by only one plumbing company.
(34)
Roster of licensees - A statewide
directory giving the names and addresses of currently licensed master plumbers,
journeyman plumbers, and plumbing inspectors, and any other information deemed
pertinent by the board.
]
(35)
] Rule - An agency statement
of general applicability that implements, interprets, or prescribes law or
policy, or describes the procedure or practice requirements of the agency.
The term includes the amendment or repeal of a prior rule but does not include
statements concerning only the internal management or organization of the
agency and not affecting private rights or procedures.
(36)
] System - An interconnection
between one or more public or private end users of water, gas, sewer, or disposal
systems that could endanger public health if improperly installed.
(37)
] Water
Supply Protection
Specialist
[
supply protection specialist
] - a master or journeyman
plumber who holds
the
[
an
]
Water Supply Protection
Specialist Endorsement
[
endorsement
] issued by the
Board.
[
board to inspect plumbing work or installation of a public
water system distribution facility or customer-owned plumbing connected to
that system's water distribution lines. The purpose of this inspection shall
be to ensure compliance with health and safety and water protection law.
]
(38)
] Water
Treatment
[
treatment
] - A business conducted under contract to analyze,
then alter or purify influent or effluent water by adding or removing a mineral,
chemical, or bacterial content or substance. The term includes the installation,
exchange, servicing, or repair of fixed or portable water treatment equipment
or connections necessary to the installation of such equipment in public or
private water treatment systems.
(39)
] Water
Treatment
Certificate
[
treatment certificate
] - A document issued by
the Texas Natural Resource Conservation Commission certifying that the named
person complies with department rules for engaging in water treatment.
:
]
(A)
at the agency office
] in the form
of cash, cashiers check, or money order, or, only in the case of the
Plumbing Inspector's
[
inspector's
] examination, in the form
of a city check
.
[
; or
]
endorsement
] fees shall be paid [
:
]
(A)
at the agency office
] in the form
of cash, cashiers check, personal check (including company check), or money
order, or, only in the case of the
Plumbing Inspector's License
[
inspector's license
], in the form of a city check
.
[
; or
]
endorsement
] renewal fees shall be paid [
:
]
(A)
at the agency office
] in the form
of cash, cashiers check, personal check (including company check), or money
order, or, only in the case of the
Plumbing Inspector's License
[
inspector's license
], in the form of a city check
.
[
; or
]
(c)
] A person shall pay
the appropriate fee prior to the time of testing or at the time of testing.
For licensing, endorsement, and renewal, the appropriate fee shall be paid
prior to issuance of the license, endorsement, or renewal.
(d)
] The board, under any
special circumstances it finds appropriate, may:
(1)
] waive any requirements concerning
the method or timing of payment of any fee;
(2)
] refund any fee; or
(3)
] waive payment of any fee not
required by statute.
(5)
(6)
(7)
(8)
;however, the
Board will charge actual personnel costs and the following amounts necessary
to recoup the costs for items set forth as follows:
]
(b)
]
Subchapter B. Petition for Adoption of Rules
board
] shall establish an enforcement
committee composed of
at least one Board member
[
a member
of the board, an assistant attorney general
] and at least one member
of the
Board
[
board
] staff.
A
[
The
]
Board
[
board
] member will be the chairman of the
Enforcement
[
enforcement
]
Committee
[
committee
]
.
[
and shall have decision making authority as to all issues that
come before the enforcement committee.
] The
Enforcement
[
enforcement
]
Committee
[
committee
] shall oversee
Board
[
board
] investigations; conduct informal conferences;
draft formal complaints
and pursue cases at the State Office of Administrative
Hearings
; negotiate proposed settlements; oversee the preparation for
contested cases; oversee the issuance of citations; and determine if the
Board
[
board
] shall file an injunction.
agreed upon by
a
]
by the
licensed
Responsible Master Plumber
[
plumber
] and any other person shall contain the
Responsible
Master Plumber's License number, the Board's
name
,
[
and
] mailing address and [
the
] telephone number [
of
the board
]. The term "written contract" includes documents used by a
plumber or plumbing company to define the scope and cost of the work to be
provided to the consumer. This would include items such as service invoices,
billing invoices and any document which defines the services and cost of the
services provided to the consumer. For the purposes of this section, the public
need not sign the document for it to be considered a contract.
FILING OF AN UNTIMELY
]
FAILURE TO FILE A TIMELY
APPEARANCE IN PERSON OR THROUGH AN ANSWER OR
OTHER RESPONSIVE PLEADING TO THE ALLEGATIONS CONTAINED IN THE COMPLAINT WITHIN
20 DAYS OF THE DATE THIS NOTICE WAS MAILED SHALL ENTITLE THE STATE BOARD OF
PLUMBING EXAMINERS TO A CONTINUANCE OF THE HEARING FOR A TIME PERIOD SET BY
THE ADMINISTRATIVE LAW JUDGE, BUT NOT FOR LESS THAN 20 DAYS.
petitioner
], shall
enter a default judgement in the matter adverse to the respondent who has
failed to attend the hearing.
petitioner
].
Subchapter C. Election of Board Officers
Chapter 363.
Examinations
former
] employers; or
Chapter 365.
Licensing
2000
] hours: During this period, a person
should obtain the proper knowledge and skill to install, or repair, different
types of materials used in these systems, e.g., cast iron, plastics, copper.
2000
] hours: During this period,
a person should obtain the proper knowledge and skill to install, or repair,
different types of materials used in these systems, e.g., cast iron, plastics,
copper, steel; the function, difference, and proper installation of various
valves, e.g., gate, globe, mixing, etc.
2000
] hours: During this period, a person
should obtain the proper knowledge and skill to install, or repair, different
types of products used, e.g., water heaters, natural and L.P. gas fired equipment;
proper installation of plumbing fixtures, faucets, water softeners and similar
equipment; proper method for sizing and installation of gas appliance vents.
500
] hours: During this period, a person
should obtain the proper knowledge and skill to install different types of
hangers for piping support.
1000
] hours: During this period, a person should obtain
the proper knowledge and skill regarding medical gas systems, decorative fountains,
lawn irrigation systems, solar panels.
500
] hours: During this period, a person should
become knowledgeable in model plumbing codes and job safety and Occupational
Safety and Health Administration (OSHA) requirements as they apply to the
plumbing profession.