1. (a) Terms used in this section have the meanings assigned by Chapter 59 of this title, unless the context indicates otherwise.

2. (b) To renew a certificate of registration, a registered accessibility specialist must complete eight hours of continuing education as provided in this section. The continuing education hours must include four hours of instruction in courses approved by the department under Chapter 59 of this title in one or more of the following topics:

   1. (1) Texas state laws or rules that regulate the conduct of registered accessibility specialists;
   2. (2) Texas Accessibility Standards;
   3. (3) Technical Memoranda as published by the Department; or
   4. (4) Registered Accessibility Specialist Procedures as published by the Department.
3. (c) The continuing education hours must have been completed within the term of the current registration, in the case of a timely renewal. For a late renewal, the continuing education hours must have been completed within the one-year period immediately prior to the date of renewal.
4. (d) A registered accessibility specialist may not receive continuing education credit for attending the same course more than once during the one-year period for which the course is approved.
5. (e) A registered accessibility specialist shall retain a copy of the certificate of completion for a department-approved course for one year after the date of completion and shall retain a copy of the certificate of completion for a course completed under Subsection (g) for three years after the date of completion. In conducting any inspection or investigation of the registered accessibility specialist, the department may examine the registered accessibility specialist's records to determine compliance with this section.

6. (f) To be approved under Chapter 59 of this title, a provider's course must be dedicated to instruction in one or more of the following topics:

   1. (1) Texas Government Code, Chapter 469--Elimination of Architectural Barriers;
   2. (2) 16 Texas Administrative Code, Chapter 68--Administrative Rules;
   3. (3) Texas Accessibility Standards;
   4. (4) Technical Memoranda as published by the Department;
   5. (5) Registered Accessibility Specialist Procedures as published by the Department;

   6. (6) Other laws and standards:

      1. (A) Americans with Disabilities Act Accessibility Guidelines (ADAAG) or any other accessibility guidelines proposed or adopted by the Access Board or United States Department of Justice;
      2. (B) Americans with Disabilities Act;
      3. (C) International Code Council/American National Standards Institute (ANSI) A117.1 Standard on Accessible and Usable Buildings and Facilities;
      4. (D) Life safety codes; or
      5. (E) Fair Housing Act;
   7. (7) Business practices; or
   8. (8) Ethics.

7. (g) A registered accessibility specialist may receive up to four hours of continuing education credit per renewal for completing courses that are not approved by the department under Chapter 59 of this title and that are offered by providers not registered with the department under Chapter 59 of this title, subject to the following conditions:

   1. (1) the courses must be dedicated to instruction in one or more of the topics listed in subsection (f);
   2. (2) the courses must be offered by a college or university, professional organization, or government agency;
   3. (3) the registered accessibility specialist must certify at the time of renewal the number of hours completed under this subsection;
   4. (4) the department has final authority to deny any hours of credit claimed by a registered accessibility specialist under this subsection; and
   5. (5) credit received under this subsection may not count toward the four hours of instruction required by Subsection (b).
8. (h) This section shall apply to providers and courses for registered accessibility specialists upon the effective date of this section.
9. (i) This section shall apply to certificates of registration, issued under §469.201 of the Act, that expire on or after March 1, 2009.

Source Note:The provisions of this §68.74 adopted to be effective March 1, 2007, 32 TexReg 884; amended to be effective April 14, 2008, 33 TexReg 2931.