Table of Contents
63.1. Authority
63.10. Definitions
63.20. Certificate of Authority Requirements
63.21. Certificate of Authority Application Process
63.40. Security Requirements
63.60. Responsibilities of the Department
63.70. Responsibilities of the Certificate Holder - General
63.80. Fees - Original Certificate of Authority
63.81. Fees - Renewal Certificate of Authority
63.82. Fees - Duplicate Certificate of Authority
63.90. Sanctions - Administrative Sanctions
63.91. Sanctions - Revocation Suspension, or Denial because of a Criminal
Conviction
63.1. Authority. (Effective
November 1, 1994, 19 TexReg 6764)
These rules are promulgated under the authority of thePersonnel Employment Services
Act, Texas Civil Statutes, Article 5221a-7, and the Texas
Department of Licensing and Regulation Act, Texas
Civil Statutes, Article 9100.
63.10. Definitions. (Effective
November 1, 1994, 19 TexReg 6764)
The following words and terms, when used in this chapter shall have the following
meanings, unless the context clearly indicates otherwise.
Commission - The Texas Commission of Licensing and Regulation.
Permanent employment - Any employment lasting more than 30 days.
63.20. Certificate of Authority Requirements. (Effective November 1, 1994, 19 TexReg 6764)
(a) Each personnel employment service location must have its own certificate of
authority. A certificate of authority is not assignable or transferable.
(b) A certificate of authority is valid for one year from the date issued.
(c) A person may not own or operate a personnel employment service in the State of
Texas on an applicant fee basis unless the person holds a certificate of authority issued
under the Act.
63.21. Certificate of Authority Application Process. (Effective November 1, 1994, 19 TexReg 6764)
A person desiring to operate a personnel employment service must apply annually on a
form provided by the department.
63.40. Security Requirements. (Effective November 1, 1994, 19 TexReg 6764)
(a) Before a certificate of authority is issued, the owner must file with the
department a surety bond in the amount of $5,000 issued by a company authorized to do
business in the State of Texas, on a form provided by the department.
(b) The bond shall be continuous and shall provide for the issuing company to give the
department 30 days written notice prior to cancellation.
(c) One bond is sufficient for multiple locations if the bond indicates each location
covered.
(d) An owner may deposit a cash performance alternative of $5,000 in lieu of the bond.
The cash performance alternative shall be an irrevocable assignment of securityissued by a
national or state bank or savings and loan association, subject to the express approval of
the commissioner. Each assignment or cash deposit shall remain in effect for a period of
two years after expiration, cancellation or revocation of the certificate of authority.
Forms for filing an assignment of security shall be provided by the department.
(e) The surety bond or assignment of security shall be maintained in full during the
entire time the certificate of authority is in effect and for an additional two years
thereafter.
63.60. Responsibilities of the Department. (Effective November 1, 1994, 19 TexReg 6764)
The department shall send a renewal notice no later than 60 days prior to the
expiration of the current certificate of authority.
63.70. Responsibilities of the Certificate Holder - General.
(Effective November 1, 1994, 19 TexReg 6764)
(a) Each personnel employment service owner must notify the department of any changes
in information regarding the location or ownership of the personnel employment service.
The notification must be received by the department no later than 30 days after change
occurs.
(b) If any of the information that appears on the face of the personnel employment
service's certificate of authority changes, the personnel employment service must obtain a
duplicate certificate of authority showing the correct information.
(c) Each personnel employment service shall provide service recipients with access to
the name, mailing address, and telephone number of the department for purposes of
directing complaints to the department. A rubber stamp or sticker may be used to convey
the information. The notification shall be included on:
(1) a sign prominently displayed in the place of business;
(2) any written contract for services; or
(3) any bill for services.
(d) The department may inspect all records, books, and documents, whether paper or
electronic, pertaining to the agency's operation.
(e) A copy of the signed contract must be given to the service recipient.
63.80. Fees - Original Certificate of Authority. (Effective November 1, 1994, 19 TexReg 6764; amended effective
February 25, 1999, 23 TexReg 13058)
The fee for an initial certificate of authority is $75.
63.81. Fees - Renewal Certificate of Authority. (Effective November 1, 1994, 19 TexReg 6764; amended effective
February 25, 1999, 23 TexReg 13058)
(a) The annual fee for a renewal certificate of authority is $75.
(b) A $50 late fee will be charged if the completed renewal application is received
after expiration of the current certificate but is postmarked before midnight of the 30th
day after the certificate expired.
63.82. Fees - Duplicate Certificate of Authority. (Effective November 1, 1994, 19 TexReg 6764)
The fee for issuing a duplicate certificate of authority is $25.
63.90. Sanctions - Administrative Sanctions. (Effective November 1, 1994, 19 TexReg 6764)
If a person violates the Act, or a rule or order adopted or issued by the commissioner
relating to the Act, the commissioner may institute proceedings to impose administrative
sanctions and/or recommend administrative penalties in accordance with Texas Civil Statutes, Article 9100, and Chapter 60
of this title (relating to Texas Commission of Licensing and Regulation).
63.91. Sanctions - Revocation Suspension, or Denial because of a
Criminal Conviction. (Effective November 1, 1994,
19 TexReg 6764)
Pursuant to Texas Civil Statutes, Article 6252-13c, the commissioner, after a hearing,
may suspend, revoke, or deny an existing certificate of authority, or disqualify a person
from receiving a certificate of authority, because that person has a felony or misdemeanor
conviction that directly relates to the duties and responsibilities involved in operating
a personnel employment service. The commissioner may also, after hearing, suspend, revoke
or deny a certificate of authority because of a person's felony probation revocation,
parole revocation or revocation of mandatory supervision.
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