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 |
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 |
