Mold Assessors and Remediators Penalties and Sanctions

Texas Occupations Code, Chapter 1958
16 Texas Administrative Code, Chapter 78

Mold Assessment Penalties and Sanctions

Class A Violations

Penalty Range: $250 to $1,000

Administrative Violations

Violation	Statute/Rule
Failed to present a valid Department-issued identification card, credential, or certificate upon request	78.70(a)(3)
Failed to have a valid Department-issued identification card, credential, or certificate present when engaged in mold-related activities	78.70(b)
Failed to notify the Department of a change in address or phone number within 30 days	78.70(a)(8)(C)
Failed to maintain an office in Texas	1958.157, 78.70(h)
Failed to notify the Department within 30 days of a change in responsible people	78.70(a)(8)(E), 78.54(b)(2)
Failed to notify each client of the Department’s name, web address, mailing address, and telephone number	78.70(g)
Failed to comply with record retention requirements within 30 days of ceasing to do business	78.74(a)(2), 78.70(a)(6)
Failed to timely notify the Department of a change in insurance policy	78.40(e)(1), 78.40(e)(3), 78.70(a)(5)
Failed to maintain continuing education records	78.25(g)(1)

 

Mold Assessment Company

Violation	Statute/Rule
Failed to apply for a name change within 30 days	78.54(b)(5)
Failed to notify the Department within 30 days of changes of persons who have an ownership interest	1958.155(c)

 

Mold Assessment Consultant

Violation	Statute/Rule
Failed to sign and date each mold assessment report and mold management plan and include the consultant’s license number and expiration date on each report and plan	78.52(f)(6)
Failed to sign, date, and include the mold assessment consultant’s license number and expiration date on the mold remediation protocol cover page	78.52(f)(7)
Failed to provide a mold assessment report to the client	78.54(e)(1)
Failed to provide a passed clearance report and a completed Certificate of Mold Damage Remediation	78.54(e)(8)

 

Class B Violations

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

Administrative Violations

Violation	Statute/Rule
Failed to timely provide a copy of the Consumer Mold Information Sheet to the client	78.70(c)
Failed to cooperate with a Department audit	78.25(h)(3)

 

Records Violations

Violation	Statute/Rule
Failed to provide a mold remediation protocol to the client at least one day before the project began	1958.151(a), 78.52(f)(10), 78.54(e)(2), 78.100(e)
Failed to provide records upon Department request	78.74(a)(1), 78.70(a)(6)
Failed to maintain personal protective equipment (PPE) training records	78.100(c)

 

Unlicensed Activity

Violation	Statute/Rule
Failed to ensure that the training and license of each employee that is required to be licensed under this chapter is current	78.52(f)(13), 78.54(e)(6)
Failed to utilize the services of a laboratory that is licensed by the department to provide analysis of mold samples	78.50(f)(3), 78.52(f)(5), 78.54(e)(3), 78.100(d)(5)
Performed a mold assessment activity with expired credentials	78.22
Failed to obtain a new licensed after the transfer of an accredited person	78.54(b)(6), 78.70(e)

 

Insurance Violations

Violation	Statute/Rule
Failed to maintain the minimum insurance required at all times	78.40(a), 78.40(e), 78.70(a)(5)
Failed to obtain insurance from an appropriate company	78.40(b)
Failed to obtain replacement insurance	78.40(e)(3), 78.70(a)(5)

 

Improper Use of a License

Violation	Statute/Rule
Failed to avoid a possible conflict of interest	1958.155, 78.70(a)(4), 78.72(b)(3)
Failed to disclose to the Department or any known or potential parties of a conflict of interest	1958.155, 78.70(a)(4), 78.72(b)(3)
Failed to provide only necessary products and/or services to a client	78.72(b)(4)
Assigned as responsible person for more than one company in the same type of license	78.70(f)
Transferred, sold, or assigned license to another	78.70(e), 78.54(b)(4)

 

Mold Assessment Companies

Violation	Statute/Rule
Failed to properly maintain project records	78.74(c), 78.100(d)(3)
Performed mold assessment activities while a designated responsible person is not employed by the mold assessment company	78.54(b)(3)
Failed to designate a Mold Assessment Consultant as a responsible person	78.54(b)(1)

 

Mold Assessment Consultants

Violation	Statute/Rule
Failed to maintain proper project records while not employed by a Mold Assessment Company	78.74(c), 78.100(d)(3)
Failed to consider recommending to a client to inform the building occupants of mold-related activities	78.100(f)
Failed to consider the potential occupant sensitivities and possible adverse reactions to chemicals	78.120(h)(2)
Failed to initial the protocol on every page that addresses scope of work and all drawings	78.52(f)(7)

 

Class C Violations

Penalty Range:

$2,000 to $5,000 plus one-year probated suspension up to revocation

Quality of Work

Violation	Statute/Rule
Failed to ensure that all licensed employees have current training and licenses	78.52(f)(13), 78.54(e)(6)
Failed to ensure that individuals are provided with, fit tested for, and trained in the correct use of personal protective equipment (PPE)	78.52(f)(11), 78.54(e)(4), 78.100(c)
Mold Assessment Technician or Consultant failed to comply with mold sampling protocols	78.50(f)(2), 78.52(f)(3), 78.100(d)
Perform or allowed to perform work while impaired	78.72(b)(9)
Performed services for which they are not qualified	78.72(b)(1)
Failed to collect samples for laboratory analysis according to nationally accepted methods	78.100(d)(1)
Failed to implement proper preservation methods for laboratory samples	78.100(d)(2)
Failed to use proper chain of custody procedures for laboratory samples	78.100(d)(4)
Failed to follow procedures for assessment of mold in HVAC systems	78.130(a), 78.100
Failed to issue final status report and included all required information if ending involvement in the project	78.140(e)

 

Standards of Conduct

Violation	Statute/Rule
Failed to cooperate with Department	1958.056(a),78.70(a)(7), 78.72(b)(8), 78.85
Failed to meet minimum standards for mold assessment and remediation in the Mold Law and Rules	78.72(b)(2)
Failed to keep confidential any personal information regarding a client	78.72(b)(5)
Failed to promptly report alleged misrepresentations or violations of the Mold Law or Rules	78.72(c)(1)
Failed to report to incompetent, illegal, or unethical conduct of any practitioner to the Department	78.72(c)(2)
Provided information that is false, deceptive, or misleading to the Department	78.72(b)(7)
Retaliated against someone who in good faith reported to the Department alleged incompetent, illegal, or unethical conduct	78.72(c)(3)
Failed to maintain knowledge and skills for continuing professional competence	78.72(b)(10)
Made false, misleading, or deceptive claims, or claims	78.72(b)(11)
Misrepresented professional qualifications or credentials	78.72(b)(6)
Made a representation that was designed to take advantage of the fears or emotions of the public or a customer	78.72(b)(12)
Performed both mold assessment and remediation on the same project	1958.155(a), 78.70(a)(4)
Owned interest in an entity that performs both mold assessment and remediation on the same project	1958.155(b), 78.70(a)(4)

 

Unlicensed Activity

Violation	Statute/Rule
Performed mold assessment without a license	1958.101(a)(1), 78.20(a), 78.50(a), 78.52(a), 78.54(a)
Failed to ensure all persons performing mold assessment activities are licensed	78.54(e)(5), 78.52(f)(12)

 

Property Owner Violation

Violation	Statute/Rule
Failed to provide a buyer of a property all Certificate of Mold Damage Remediation issued for the property in the 5 years preceding the sale	1958.154(b), 78.150(e)

 

Mold Assessment Consultant

Violation	Statute/Rule
Failed to advise client on the hazards of mold growth	78.52(f)(1)
Failed to ask the client whether hazardous materials were present in the project area	78.52(f)(4)
Failed to prepare a mold remediation protocol that included all required information	1958.151(b), 78.100(e), 78.100(g), 78.100(h), 78.100(i)
Failed to use the proper methods when conducting post-remediation assessment and clearance	78.140(c)
Failed to issue a passed clearance report to the client	78.140(d)
Failed to include all required information in the passed clearance report	78.140(d)(1)-(6)
Failed to properly conduct a post-remediation assessment	78.140(a)
Employed more than 1 licensed individual without a company license	78.52(a), 78.54(a)

 

Mold Assessment Technician

Violation	Statute/Rule
Performed mold assessment outside the scope of the license	78.50(f)(1)

 

Class D Violations

Penalty Range: $5,000 and/or revocation

Violation	Statute/Rule
Failed to comply with a previous order of the Commission or Executive Director	51.353(a), 78.90
Cheated on an examination	60.52(a)
Obtained or attempted to obtain a license by fraud or false representations	60.23(a)(1)
Failed to pay the Department for a dishonored payment	60.82

 

Mold Laboratory Penalties and Sanctions

Class A Violations

Penalty Range: $250 to $1,000

Administrative Violations

Violation	Statute/Rule
Failed to present a valid Department-issued identification card, credential, or certificate upon request	78.70(a)(3)
Failed to have a valid Department-issued identification card, credential, or certificate present when engaged in mold-related activities	78.70 (b)
Failed to notify the Department of a change in address or phone number within 30 days	78.70(a)(8)(C)
Failed to maintain an office in Texas	1958.157, 78.70(h)
Failed to apply for a name change within 30 days	78.62(a)(2)(C)
Failed to disclose to the Department the name, address, and occupation of each person that has an ownership interest in the accreditation	1958.155(c), 78.70(a)(4)
Failed to notify the Department within 30 days of changes of persons who have an ownership interest	1958.155(c), 78.70(a)(4), 78.70(a)(8)(D)
Failed to notify the Department within 30 days of a change in responsible people	78.70(a)(8)(E)
Failed to designate a responsible person	78.62(a)(2)(A)
Failed to notify each client of the Department’s name, web address, mailing address, and telephone number	78.70(g)
Failed to comply with record retention requirements within 30 days of ceasing to do business	78.74(a)(2), 78.70(a)(6)
Failed to provide written notification to the Department of a change in accreditation or certification status within 30 days	78.62(f)(4)(A)
Failed to include Department-issued license number on analysis report	78.62(f)(2)
Failed to notify the Department no later than 30 days before a change or cancellation of an insurance policy	78.40(e)(1), 78.70(a)(5)

 

Class B Violations

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

Records Violations

Violation	Statute/Rule
Failed to provide client with all required applicable information	78.62(f)(1)
Failed to maintain required records for at least 3 years	78.74(d), 78.70(a)(6)
Failed to provide records upon Department request	78.74(a)(1), 78.70(a)(6)

 

Insurance Violations

Violation	Statute/Rule
Failed to maintain insurance	78.40(a), 78.40(e), 78.70(a)(5)
Failed to obtain insurance from an appropriate company	78.40(b)

 

Unlicensed Activity

Violation	Statute/Rule
Performed mold-related activity with an expired credential	78.22
Failed to obtain a new license after the transfer of an accredited person	78.62(a)(2)(D), 78.70(e)

 

Improper Use of a License

Violation	Statute/Rule
Failed to avoid a possible conflict of interest	1958.155, 78.70(a)(4), 78.72(b)(3)
Failed to disclose to the Department or any known or potential parties of a conflict of interest	1958.155, 78.70(a)(4), 78.72(b)(3)
Transferred, sold, or assigned license to another	78.62(a)(2)(B), 78.70(e)

 

Class C Violations

Penalty Range:

$2,000 to $5,000 plus one-year probated suspension up to revocation

Quality of Work

Violation	Statute/Rule
Failed to ensure that all individuals who conduct mold analysis are properly trained	78.62(f)(3)
Failed to fulfill the same equipment and/or operation standards	78.62(a)(1)
Performed or allowed to perform work while impaired	78.72(b)(9)
Performed services for which they are not qualified	78.72(b)(1)

 

Standards of Conduct

Violation	Statute/Rule
Failed to cooperate with Department	78.70(a)(7), 78.72(b)(8), 78.85
Failed to keep confidential any personal information regarding a client	78.72(b)(5)
Failed to report alleged misrepresentations or violations of the Mold Law and Rules to the Department	78.72(c)(1)
Failed to report incompetent, illegal, or unethical conduct of any practitioner to the Department	78.72(c)(2)
Retaliated against someone who in good faith reported to the department alleged incompetent, illegal, or unethical conduct	78.72(c)(3)
Provided information that is false, deceptive, or misleading to the Department	78.72(b)(7)
Failed to maintain knowledge and skills for continuing professional competence	78.72(b)(10)
Made false, misleading, or deceptive claims	78.72(b)(11)
Misrepresented professional qualifications or credentials	78.72(b)(6)
Made a representation that was designed to take advantage of the fears or emotions of the public or a customer	78.72(b)(12)

 

Unlicensed Activity

Violation	Statute/Rule
Performed analysis without a license	78.62(a), 78.62(f)(4)(B), 78.100(d)(5)

 

Class D Violations

Penalty Range:$5,000 and/or Revocation

Violation	Statute/Rule
Failed to comply with a previous order of the Commission or Executive Director	51.353(a), 78.90
Cheated on an examination	60.52(a)
Obtained or attempted to obtain a license by fraud or false representations	60.23(a)(1)
Failed to pay the Department for a dishonored payment	60.82

 

Mold Remediation Penalties and Sanctions

Class A Violations

Penalty Range: $250 to $1,000

Administrative Violations

Violation	Statute/Rule
Failed to present a valid Department-issued identification card, credential, or certificate present when engaged in mold-related activities	78.70(a)(3)
Failed to have a valid Department-issued identification card, credential, or certificate present when engaged in mold-related activities	78.70(b)
Failed to notify the Department of a change in address or phone number within 30 days	78.70(a)(8)(C)
Failed to maintain an office in Texas	1958.157, 78.70(h)
Failed to properly notify Department of withdrawal and/or changes	78.70(a)(8)(A) 78.70(a)(8)(B)
Failed to notify each client of the Department’s name, web address, mailing address, and telephone number	78.70(g)
Failed to comply with record retention within 30 days of ceasing to do business	78.74(a)(2), 78.70(a)(6)
Failed to have notice sign in the proper lettering size and color contrast	78.120 (f)
Failed to notify Department of a change in insurance policy	78.40(e)(1), 78.70(a)(5)
Failed to notify Department of changes to start-date/stop-date	78.110(b), 78.110(c), 78.110(d)(2), 78.110(d)(3), 78.110(d)(4), 78.60(e)(7)
Failed to notify the Department within 30 calendar days of a change in responsible people for the license	78.60(b)(2), 78.70(a)(8)(E)

 

Records Violations

Violation	Statute/Rule
Failed to retain confirmation that a notification for a mold remediation was received by the Department	78.110(a)(1), 78.110(e)(2), 78.60(e)(7)
Failed to maintain continuing education records	78.25(g)(1)

 

Mold Remediation Company

Violation	Statute/Rule
Failed to notify the Department within 30 days of changes of persons who have an ownership interest	1958.155(c)
Failed to apply for a name change within 30 days	78.60(b)(5)
Performed mold remediation activities when the designated responsible person is not employed by the mold remediation company	78.60(b)(3)

 

Mold Remediation Contractor

Violation	Statute/Rule
Failed to sign and date the cover page of the mold remediation work plan	78.58(f)(11)(A)
Failed to include the mold remediation consultant’s license number and license expiration date on the cover page of the mold remediation work plan	78.58(f)(11)(B)
Failed to submit the required notification while not employed by a licensed mold remediation company	78.58(f)(13)

 

Class B Violations

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

Administrative Violations

Violation	Statute/Rule
Failed to provide a mold remediation work plan to the client at least 1 day before project began	1958.152(a), 78.58(f)(12), 78.60(e)(6), 78.120(b)(1)
Failed to include all required information in the Certificate of Mold Damage Remediation	1958.154(a), 78.150(b)
Failed to provide the property owner with copies of all required photographs no later than the 10th day after project completion	1958.156(d), 78.150(a)
Failed to comply with requirements if providing mold remediation worker training	78.58(f)(5), 78.60(e)(4),78.64(f)
Failed to timely notify the Department before beginning a mold remediation project	1958.153(a)-(b),78.110(a)(1), 78.110(e)(1)
Failed to timely provide a copy of the Consumer Mold Information Sheet to the client	78.70(c)
Failed to cooperate with a Department audit	78.25(h)(3)
Failed to continuously display notice signs during active mold remediation	78.120(f)(2)
Failed to continuously display notice signs during active mold remediation	78.120(f)(2)

 

Insurance Violations

Violation	Statute/Rule
Failed to maintain the minimum insurance required at all times	78.40(a), 78.40(e), 78.70(a)(5)
Failed to obtain insurance from an appropriate company	78.40(b)
Failed to obtain replacement insurance	78.40(e)(3), 78.70(a)(5)

 

Records Violations

Violation	Statute/Rule
Failed to properly maintain project records	1958.156(a)
Failed to provide records upon Department request	1958.156(b), 78.74(a)(1), 78.70(a)(6)
Failed to maintain on-site records	1958.152(b), 78.120(c)
Failed to maintain copies of training documents if providing mold remediation worker training	78.58(f)(6), 78.60(e)(5); 78.74(b)(2);
Failed to maintain personal protective equipment (PPE) training records	78.120(d)(1)

 

Unlicensed Activity

Violation	Statute/Rule
Failed to ensure that the training and license or registration of each employee that is required to be licensed or registered under this chapter is current	78.58(f)(4), 78.60(e)(3)
Performed a mold remediation activity with expired credential	78.22
Failed to obtain new license after the transfer of an accredited person	78.60(b)(6), 78.70(e)

 

Improper Use of a License

Violation	Statute/Rule
Failed to avoid a possible conflict of interest	1958.155, 78.70(a)(4), 78.72(b)(3)
Failed to disclose to the Department or any known or protentional parities of a conflict of interest	1958.155, 78.70(a)(4), 78.72(b)(3)
Failed to provide only necessary products and/or services to a client	78.72(b)(4)
Transferred, sold, or assigned license to another	78.70(e), 78.60(b)(4)
Assigned a responsible person for more than one company in the same type of license	78.70(f)

 

Mold Remediation Worker

Violation	Statute/Rule
Failed to use mold remediation techniques specified in the project’s mold remediation work plan	78.56(e)
Performed mold remediation without the supervision of a licensed remediation contractor	78.56(f)(1)

 

Mold Remediation Contractor

Violation	Statute/Rule
Failed to consider the potential occupant sensitivities and possible adverse reactions to chemicals	78.120(h)(2)
Failed to maintain proper project records while not employed by a mold remediation company	78.74(b)(1)
Failed to initial every page of the mold remediation work plan that addresses the scope of work and/or on all drawings related to the remediation work	78.58(f)(11)(C)
Failed to advise client about options for mold remediation	78.58(f)(9)

 

Class C Violations

Penalty Range:

$2,000 to $5,000 plus one-year probated suspension up to revocation

Administrative Violations

Violation	Statute/Rule
Failed to issue a Certificate of Mold Damage Remediation to the property owner	1958.154(a), 78.58(f)(14), 78.60(e)(8), 78.150(b)

 

Quality of Work

Violation	Statute/Rule
Failed to ensure that all licensed employees have current training and licenses	78.60(e)(2), 78.58(f)(4), 78.58(f)(5),
Failed to ensure that individuals are provided with, fit tested for, and trained in the correct use of personal protective equipment (PPE)	78.58(f)(2), 78.60(e)(1), 78.120(d)
Failed to prepare a mold remediation work plan that included all required information	1958.152(a), 78.120(b), 78.58(f)(10), 78.58(f)(11),
Perform or allowed to perform work while impaired	78.72(b)(9)
Performed services for which they are not qualified	78.72(b)(1), 78.120(h)(3)
Failed to follow procedures for remediation of mold in HVAC systems	78.130(a), 78.100
Failed to conduct the mold remediation in accordance with the work plan	78.120(b)(2)
Failed to construct containment in accordance with the remediation work plan	78.120(e)(2)
Failed to block air vents and ensure proper air pressure	78.120(e)(3)
Failed to ensure that the containment was maintained in accordance with the work plan and the Mold Law and Rules	78.120(e)(4)
Removed containment before receipt of a written notice by the Assessor	78.120(g)
Failed to properly use a disinfectant, biocide and/or antimicrobial coatings	78.120(h)
Failed notify and obtain approval of the business owner or manager before using a disinfectant, biocide and/or antimicrobial material on an HVAC and provide the safety data sheet	78.130(c)
Failed to follow manufacture’s direction when using disinfectant, biocide and/or antimicrobial coatings on a HVAC	78.130 (c)

 

Standards of Conduct

Violation	Statute/Rule
Failed to cooperate with the Department	1958.056(a), 78.70(a)(7), 78.72(b)(8), 78.85
Failed to meet minimum standards for mold assessment and remediation in the Mold Law and Rules	78.72(b)(2)
Failed to keep confidential any personal information regarding a client	78.72(b)(5)
Failed to promptly report alleged misrepresentations or violations of the Mold Law or Rules	78.72(c)(1)
Failed to report to incompetent, illegal, or unethical conduct of any practitioner to the Department	78.72(c)(2)
Provided information that is false, deceptive, or misleading to the Department	78.72(b)(7)
Retaliated against someone who in good faith reported to the Department alleged incompetent, illegal, or unethical conduct	78.72(c)(3)
Failed to maintain knowledge and skills for continuing professional competence	78.72(b)(10)
Made false, misleading, or deceptive claims, or claims	78.72(b)(11)
Misrepresented professional qualifications or credentials	78.72(b)(6)
Made a representation that was designed to take advantage of the fears or emotions of the public or a customer	78.72(b)(12)
Performed both mold assessment and remediation on the same project	1958.155(a), 78.70(a)(4)
Owned interest in an entity that performs both mold assessment and remediation on the same project	1958.155(b), 78.70(a)(4)

 

Unlicensed Activity

Violation	Statute/Rule
Performed mold remediation without a license or registration	1958.101(a)(2), 78.20(a),78.30(e) 78.56(a),78.56(c), 78.58(a), 78.60(a)
Engaged in mold related activities requiring a remediation contractor license	78.56(f)(2)
Failed to ensure that all persons performing mold remediation activities are licensed or registered	78.30(e), 78.58(f)(3), 78.60(e)(2)

 

Mold Remediation Contractor

Violation	Statute/Rule
Failed to properly supervise mold remediation workers	78.58(f)(1)
Failed to accurately interpret field notes, drawings, and reports relating to mold assessments	78.58(f)(7)
Failed to ask the client whether hazardous materials were present in the project area	78.58(f)(8)

 

Property Owner Violation

Violation	Statute/Rule
Failed to provide a buyer of a property all Certificate of Mold Damage Remediation issued for the property in the 5 years preceding the sale	1958.154(b), 78.150(e)

 

Class D Violations

Penalty Range: $5,000 and/or Revocation

Violation	Statute/Rule
Failed to comply with a previous order of the Commission or Executive Director	51.353(a), 78.90
Cheated on an examination	60.52(a)
Obtained or attempted to obtain a license by fraud or false representations	60.23(a)(1)
Failed to pay the Department for a dishonored payment	60.82

 

Mold Training Penalties and Sanctions

Class A Violations

Penalty Range: $250 to $1,000

Administrative Violations

Violation	Statute/Rule
Failed to have a valid Department-issued identification card, credential, or certificate present when engaged in mold-related activities	78.70(b)
Failed to notify the Department of a change in address or phone number within 30 days	78.70(a)(8)(C)
Failed to provide to each student who successfully completes the course and passes the required course test, if applicable, a course completion certificate and information regarding the state application and examination process	78.64(f)(5)
Failed to include all required information on a course completion certificate	78.66(c)
Failed to submit to the Department the names and number identifiers of each student who attended the course within 7 days	78.64(f)(6)
Failed to maintain an office in Texas	1958.157, 78.70(h)
Failed to apply for a name change within 30 days	78.64(b)(1)(B)
Failed to disclose to the Department the name, address, and occupation of each person that has an ownership interest in the accreditation	1958.155(c), 78.70(a)(4)
Failed to notify the Department within 30 days of changes of persons who have an ownership interest	1958.155(c), 78.70(a)(4), 78.70(a)(8)(D)
Failed to notify the Department within 30 days of a change in responsible people	78.70(a)(8)(E)
Failed to notify each client of the Department’s name, web address, mailing address, and telephone number where required	78.70(g)
Failed to notify the Department of its roster of approved instructors before providing training courses	78.66(e)(1)(C)
Failed to notify the Department of changes to its instructor roster within 15 days	78.66(e)(1)(D)
Failed to comply with record retention requirements within 30 days of ceasing business	78.74(a)(2), 78.70(a)(6)
Failed to maintain a file with the required information for each mold training course	78.64(f)(9), 78.64(f)(10)
Failed to ensure that all information from the training course and course test corresponds to the information on each person's course completion certificate	78.64(f)(11)
Failed to notify the Department in writing no later than 30 days before a change or cancellation of an insurance policy	78.40(e)(1), 78.70(a)(5)
Failed to limit the number of students	78.64(b)(8)
Failed to conduct courses in facilities as required	78.64(b)(9)

 

Class B Violations

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

Administrative Violations

Violation	Statute/Rule
Advertised, offered, or provided a training course without Department approval	78.64(b)(3), 78.66(d)
Failed to present all course information and material approved by the Department	78.64(f)(1)
Failed to furnish appropriate equipment	78.64(f)(2)
Failed to maintain hands-on skills assessment	78.64(f)(3)
Provided a training course for more than 8 hours in a single day	78.64(b)(5)

 

Records Violations

Violation	Statute/Rule
Failed to document instructor qualifications	78.66(e)(1)(A)
Failed to maintain required records for 5 years	78.74(e)
Failed to provide documentation of instructor qualifications upon request by the Department	78.66(e)(1)(F)
Failed to maintain proof of guest speaker qualifications	78.66(f), 78.74(e)
Failed to provide records upon Department request	78.64(f)(7), 78.74(a)(1), 78.70(a)(6)
Failed to document each person who receives a certificate had successfully completed course and achieved a passing score	78.64(f)(8)
Failed to maintain attendance records	78.64(b)(10)
Failed to maintain records of student test scores	78.64(b)(11)

 

Insurance Violations

Violation	Statute/Rule
Failed to maintain insurance	78.40(a), 78.40(e), 78.70(a)(5)
Failed to obtain insurance from an appropriate company	78.40(b)

 

Unlicensed Activity

Violation	Statute/Rule
Performed any mold-related activity with an expired credential	78.22

 

Improper Use of a License

Violation	Statute/Rule
Failed to avoid a possible conflict of interest	1958.155, 78. 70(a)(4), 78.72(b)(3)
Failed to disclose to the Department or any known or potential parties of a conflict of interest	1958.155, 78.70(a)(4), 78.72(b)(3)
Failed to obtain new license after the transfer of an accredited person	78.64(b)(2)
Failed to provide only necessary and desired services to a client	1958.155, 78.70(a)(4), 78.72(b)(4)
Transferred, sold, or assigned license to another	78.64(b)(1)(A), 78.70(e)

 

Class C Violations

Penalty Range:

$2,000 to $5,000 plus one-year probated suspension up to revocation

Administrative Violations

Violation	Statute/Rule
Failed to have approved instructor	78.66(e), 78.64(b)(3)(B)

 

Quality of Work

Violation	Statute/Rule
Performed or allowed to perform work while impaired	78.72(b)(9)
Failed to conduct training courses as required	78.68(b), 78.68(c), 78.68(d), 78.68(e), 78.68(f), 78.68(g)
Performed services for which they are not qualified	78.72(b)(1)

 

Standards of Conduct

Violation	Statute/Rule
Failed to cooperate with Department	78.64(g), 78.70(a)(7), 78.72(b)(8), 78.85
Failed to promptly report alleged misrepresentations or violations of the Mold Law or Rules to the Department	78.72(c)(1)
Failed to report incompetent, illegal, or unethical conduct of any practitioner to the Department	78.72(c)(2)
Provided false, deceptive, or misleading information to the Department	78.72(b)(7)
Retaliated against someone who in good faith reported to the Department alleged incompetent, illegal, or unethical conduct	78.72(c)(3)
Failed to maintain knowledge and skills for continuing professional competence	78.72(b)(10)
Made false, misleading, or deceptive claims	78.72(b)(11)
Misrepresented professional qualifications or credentials	78.72(b)(6)
Made a representation that was designed to take advantage of the fears or emotions of the public or a customer	78.72(b)(12)

 

Unlicensed Activity

Violation	Statute/Rule
Provided mold training without accreditation	78.20(b), 78.64(a),
Failed to obtain new license after the transfer of an accredited person	78.64(b)(2)

 

Class D Violations

Penalty Range: $5,000 and/or Revocation

Violation	Statute/Rule
Failed to comply with a previous order of the Commission or Executive Director	51.353(a), 78.90
Cheated on an examination	60.52(a), 78.64(f)(4)
Obtained or attempted to obtain a license by fraud or false representations	60.23(a)(1)
Failed to pay the Department for a dishonored payment	60.82