1. A. Approval of a course granted to the course owner extends to a secondary provider. However, for a course delivered by distance education:

   1. 1. A course owner’s approval of the course-delivery mechanism, as required under R4-46-502, does not extend to a secondary provider; and
   2. 2. Both the course owner and secondary provider shall apply for and obtain approval of the course-delivery mechanism from a source listed in R4-46-502.

2. B. If a course owner allows an approved course to be offered by a secondary provider, the course owner shall ensure that the secondary provider:

   1. 1. Uses the course owner’s materials, including the same textbook and examination, if any;
   2. 2. Allows only the number of hours specified by the Department under subsection R4-46-501(D);
   3. 3. Uses an instructor who is qualified under the standards specified in subsection R4-46-506(7); and
   4. 4. Adheres to the course owner’s policies regarding student attendance, course scheduling, and prerequisites, if any.

3. C. Before allowing an approved course to be offered by a secondary provider using distance education, the course owner shall comply with subsection (B) and:

   1. 1. Ensure that the secondary provider has obtained approval of the course-delivery mechanism from a source listed in R4-46-502, and
   2. 2. Provide evidence that the secondary provider has obtained approval of the course-delivery mechanism for the approved course.
4. D. A course owner shall be held responsible if a secondary provider, authorized by the course owner under subsection (B) or (C), violates any provision of this Article.

Historical Note

Adopted effective December 29, 1995 (Supp. 95-4). Amended effective October 1, 1998; filed in the Office of the Secretary of State September 10, 1998 (Supp. 98-3). Amended by final rulemaking at 13 A.A.R. 1503, effective June 2, 2007 (Supp. 07-2). Section repealed; new Section made by final rulemaking at 21 A.A.R. 1675, effective October 6, 2015 (Supp. 15-3). Amended by final rulemaking at 25 A.A.R. 1139, effective June 10, 2019 (Supp. 19-2). Amended by final rulemaking at 28 A.A.R. 893 (May 6, 2022), effective June 11, 2022 (Supp. 22-2).