Texas Register, Volume 30, Number 41, Pages 6499-6834, October 14, 2005 Page: 6,593
6499-6834 p. ; 28 cm.View a full description of this periodical.
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(1) Persons failing the demonstration test will be notified
of any mistakes, shown correct usage, and advised where and when a
subsequent test may be taken.
(2) After two consecutive failures, additional tests will be
conducted only after due evaluation of the circumstances involved.
(i) Applicant passing the written test and the demonstration
test.
(1) An applicant passing the written and demonstration
tests will be so notified.
(2) The individual, service manager or station owner will
be notified of the applicant's successful completion of the required
tests.
(3) Inspection procedure, record keeping, and security reg-
ulations will be reviewed by the department.
(j) Renewal testing. The department may require testing
and/or training of certified inspectors prior to certification renewal.
(k) Expiration of certification of inspectors. An inspector's
certification will expire:
(1) when provisional certification has been withdrawn by
the department;
(2) when the certified inspector fails to attend a required
renewal testing and/or training; or
(3) August 31 of each even-numbered year following the
date of appointment. Thereafter, appointment as inspector shall be
made for two-year periods.
(1) Certification after suspension.
(1) After expiration of a period of suspension, a person de-
siring reinstatement may request reinstatement by notifying in writing
the appropriate regional supervisor and:
(A) make a written application for reinstatement;
(B) meet all qualifications for appointment;
(C) pass the complete written and demonstration test;
and
(D) submit the inspector's certification fee if certifica-
tion has expired during suspension.
(2) If the certified inspector passes all tests, the inspector
certificate card, will be reissued.
(m) Reexamination[. revocation of certification]. The depart-
ment representative may require the certified inspector to take all or
part of the written and demonstration tests at any time or may require
attendance at any training program. Failure to pass a required test may
result in revocation of the inspector's certificate.
(n) Dual authorization. A certified inspector may be certified
at more than one vehicle inspection station at the same time. Inspec-
tion station owners shall furnish information as may be required by the
department pertaining to inspectors employed at stations within three
working days of a change in the inspector's employment.
(o) Changes in employment.
(1) If a certified inspector changes their place of employ-
ment, the inspector shall prove their ability to correctly operate the test-
ing equipment at such new vehicle inspection station, and may be re-
quired to take a complete written examination before the inspector will
be allowed to inspect at the new location.(2) The inspection station owner shall notify the depart-
ment representative supervising the station within three working days
of a change in employment of inspectors at that station.
(p) Certified inspector schools.
(1) Schools given by the department are conducted on a re-
gion-wide [regionwide] schedule according to need at any time during
the year.
(2) The department may certify external inspector training
schools to provide training to applicants to be certified as inspectors
as provided in 23.62 of this title (relating to Certification of External
Inspector Training Schools).
(q) Withdrawal of application. An application for a license as
a certified inspector may be withdrawn by the applicant at any time.
An application will be deemed withdrawn when 60 days elapses:
(1) from the first failure of the inspector's written exami-
nation; or
(2) from the successful completion of the written emissions
examination when the applicant has not requested that a demonstration
test on the testing equipment be given.
(r) Upon implementation of the Texas Automated Vehicle In-
spection System (TAVIS), the department may automate procedures
for inspector certification, which may include, but is not limited to:
(1) application,
(2) training,
(3) examination,
(4) certification,
(5) enrollment into the TAVIS system, and
(6) renewal training, examination and certification.
(7) Upon implementation of the Texas Automated Vehicle
Inspection System (TAVIS), inspector initial applications and renewals
shall be processed through TAVIS and may be required to pay an addi-
tional automation fee of $2.00 in addition to the statutory certification
fee.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal author-
ity to adopt.
Filed with the Office of the Secretary of State on September 27,
2005.
TRD-200504297
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Earliest possible date of adoption: November 13, 2005
For further information, please call: (512) 424-2135
SUBCHAPTER F. VEHICLE INSPECTION
STATION OPERATION
37 TAC 23.73, 23.75, 23.76, 23.79, 23.81
The amendments and new section are proposed pursuant
to Texas Government Code, 411.004(3), which authorizes
the Public Safety Commission to adopt rules consideredPROPOSED RULES October 14, 2005 30 TexReg 6593
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Texas. Secretary of State. Texas Register, Volume 30, Number 41, Pages 6499-6834, October 14, 2005, periodical, October 14, 2005; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth97314/m1/92/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.