Mold Assessors and Remediators Penalties and Sanctions
On this page:
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 |