3.3

The individual side

What the license obliges its holder to do, and what it never does alone

The firm’s half of the interlock is a set of things to maintain. The licensee’s half is shorter, and every part of it is about the moment of doing the work. 28 TAC § 34.611 puts two duties on the holder directly: a licensee must be able to show proof of licensure while engaged in the activities of the business, and an instructor must carry the instructor’s approval while providing training at an approved training school. Proof while working, not proof on request from an office — the rule ties the obligation to the activity rather than to an inspection.

Then comes the restriction that Chapter 1 introduced and that everything in this chapter has been building toward. Under 28 TAC § 34.611, a licensee must not engage in any act of the business unless employed by or as an agent of a registered firm AND holding an unexpired license. Two conditions joined by an “and”, either of which can fail on its own. The same rule adds that each person engaging in the activities of the business must hold the appropriate license issued by the state fire marshal unless excepted by Insurance Code § 6002.155 — which is where Chapter 2’s exemption work connects to this one. And Insurance Code § 6002.161 closes off the obvious workaround: a registration certificate or license issued under the chapter is not transferable. Neither credential can be lent, sold with a business, or carried across to a colleague.

Two smaller provisions protect the documents themselves. A duplicate license must be obtained from the state fire marshal to replace one lost or destroyed, and the license holder or the registered firm must give written notification of the loss without delay, with the required fee. And 28 TAC § 34.612 states the consequence of interfering with a credential in a single sentence: altering a certificate, license, or approval renders it invalid and is the basis for administrative action under Insurance Code § 6002.302. Invalid is the sharp word there. An altered license does not become a license with a problem; it stops being a license, and the person carrying it is working without one.

Key terms

Proof of licensureUnexpired licenseNot transferableDuplicate licenseAlteration