Air Conditioning and Refrigeration Contractors Penalties and Sanctions

Texas Occupations Code, Chapter 1302
16 Texas Administration Code, Chapter 75

Class A

Penalty: $500 to $1,000

Administrative Violations

Violation Statute/Rule
Engaged in air conditioning contracting in city without notifying city of license 1302.262(a)
Failed to provide a revised insurance certificate to the Department within 30 days of change in business affiliation 75.40(d), 75.70(h)(2)
Failed to notify Department of change of address, company location, company telephone number, or business affiliation within 30 days of the change 75.70(a)(4), 75.70(h)(1), 75.73(d)
Failed to furnish to municipalities a list of authorized agents who may pull permits under the license 75.70(a)(6), 75.71(a)(5)
Failed to notify Department of assignment of license to company 75.71(a)(1)
Failed to notify Department that a licensee has left within 30 days 75.71(a)(1)
Failed to provide copy of assumed name certificate to the Department 75.71(a)(2)

Advertising Violations

Violation Statute/Rule
Failed to include license number in advertisement which requires the license number 75.71(h)

Public Notice Violations

Violation Statute/Rule
Failed to include Department information on proposal, invoice, contract, or sign displayed in place of business 75.71(i)
Failed to include license number on proposal or invoice 75.71(i)
Failed to include company name, address and phone number on proposal or invoice 75.71(i)
Failed to display or incorrectly displayed the company name and license number on vehicles which require it 75.71(g)
Failed to display company name and license number on sign at job site visible from street 75.71(g)

Class B

Penalty: $1,000 to $3,500 and/or up to 1-year full suspension

Records Violations

Violation Statute/Rule
Failed to maintain records showing employment status of assigned licensee 75.71(a)(3)
Failed to make records available to the Department for at least three years after completion of a job 75.71(a)(6)
Failed to furnish a copy of licensee employment records at the request of the Department 75.71(a)(4)
Failed to provide invoice to consumer 75.71(i)

Mechanical Integrity Violation

Violation Statute/Rule
Failed to obtain permit 1302.401(a)(2), 1302.401(b)(1), 75.100(e)(1)

Unlicensed Activity

Violation Statute/Rule
Performed or offered to perform air conditioning or refrigeration contracting not authorized by the license classification 1302.253, 1302.251(a)
Performed or offered to perform air conditioning or refrigeration contracting not authorized by the license endorsement 1302.254(d), 1302.251(a)
Performed or offered to perform while license expired or renewal denied 1302.251(a), 60.31(g),
Performed or offered to perform biomedical remediation without a license 1302.251(a), 75.100(c)(3)(2)
Used the designation “certified technician” when did not meet the requirements of certification 1302.5055(b), 75.28(b), 75.73(a)(5)
Performed non-exempt duct work without a license 75.100(c)(1)

Improper Use of a License

Violation Statute/Rule
Allowed someone else to use license – not an employee or subcontractor 75.70(f), 75.70(g), 75.73(b),75.73(c)
Assigned a contracting license to more than one permanent office or more than one company 1302.251(c), 75.70(a)(1)(3)
Assigned license but not an employee or owner or not working full time at the company or permanent office 75.70(a)(2)
Company used a license not assigned to company 75.71(j)
Used a location other than the permanent office for contracting air conditioning sales or service 75.71(f)

Class C

Penalty: $2,000 to $5,000 plus 1-year probated suspension up to revocation

Administrative Violations

Violation Statute/Rule
Altered a license or registration in any way 75.70(j), 75.73(e)

Insurance Violations

Violation Statute/Rule
Failed to maintain insurance 75.40(a), 75.40(b), 75.70(i)
Obtained insurance from a company not authorized to sell liability insurance in Texas 75.40(c)
Failed to provide proof of insurance upon request of the Department 75.40(d), 75.70(i)
Failed to provide insurance information to a consumer upon request 75.40(g)
Performed or offered to perform air conditioning or refrigeration contracting to the general public while having insurance waiver 75.40(f)

Mechanical Integrity Violations

Violation Statute/Rule
Failed to provide proper installation, service, or mechanical integrity 1302.401(b)(1), 75.70(a)(7), 75.70(b)(3), 75.70(d), 75.70(e), 75.71(b)(1), 75.71(c)(3), 75.73(a)(1), 75.100(e)(1),
Failed to comply with municipal code or ordinance 1302.401(a)(2),75.100(e)(1)
Failed to perform all electrical work in accordance with National Electrical Code and the International Residential Code, as applicable 75.100(a)(4)
Installed fuel gas piping other than as permitted 75.100(b)(1)
Altered an existing fuel gas piping system, stop, or shut-off valve 75.100(b)(1)
Installed drain piping other than as permitted 75.100(b)(2)
Failed to supervise an air conditioning and refrigeration technician 1302.503
Failed to provide direct supervision of all work requiring a license, certification, or registration 75.70(a)(5),75.71(e)

Misrepresentation

Violation Statute/Rule
Intentionally or knowingly misrepresented services or services to be provided 1302.401(b)(2), 75.70(a)(8), 75.71(b)(2), 75.73(a)(2)
Made a fraudulent promise or false statement to induce a person to contract for services 1302.401(b)(3), 75.70(a)(9), 75.71(b)(3)

Unlicensed Activity

Violation Statute/Rule
Performed or offered to perform air conditioning or refrigeration contracting without a license 1302.251(a), 1302.252(a)
Collected a fee for air conditioning or refrigeration work performed without a license 1302.252(b)
Used the services of a person who was not a registered technician, certified technician, student in a certification training program, or a licensed air conditioning and refrigeration contractor to assist in the performance of air conditioning and refrigeration maintenance work 1302.263(2), 75.70(a)(11), 75.71(k)
Acted or offered to act as an air conditioning and refrigeration technician without a registration or certification 1302.501(a)
Technician assisted a person who was not licensed as a contractor 1302.509(2)
Knowingly performed work on behalf of an unlicensed company 75.70(a)(10), 75.73(a)(4)
Used an unlicensed subcontractor without actively providing work or services requiring a license 75.70(b)(1),(2), 75.71(c)(1),(2)
Subcontracted an entire job to an unlicensed person 75.70(b)(1)(2), 75.71(c)(1),(2)
Subcontracted design of an air conditioning and refrigeration system to an unlicensed person 75.70(c), 75.71(d)
Registered or Certified technician performed non-exempt air conditioning and refrigeration maintenance work without being under the supervision of a licensed air conditioning and refrigeration contractor 1302.503, 75.73(a)(3)

Class D

Penalty: $5,000 and/or revocation

Violation Statute/Rule
Failed to comply with previous order of Commission/Executive Director 1302.401(a)(1), 51.353(a), 75.90
Obtained or attempted to obtain a license, certification, or registration by fraud or false representation 60.23(a)(1)
Cheated on an examination 75.21(c)(d), 60.52(a)
Failed to pay the Department for a dishonored payment 60.82