1. (a) The executive director shall approve training that provides the knowledge or skills necessary to obtain or maintain licenses or registrations that are issued by the commission. This training shall be directly related to tasks performed by persons whose duties require a license or registration in a program that is administered by the commission.

   1. (1) Within 45 days of the receipt of an application for approval for conferences, or association meeting training, the executive director shall notify the training provider of the approval of the training or any deficiencies in the application or supporting documentation.
   2. (2) Within 120 days of the receipt of an application for approval for classroom, distance learning or technology based training the executive director shall notify the training provider of the approval of the training or any deficiencies in the application or supporting documentation.

2. (b) Training credit may be approved by the executive director for successful completion of:

   1. (1) classroom training , and training at conferences;
   2. (2) computer or Web-based training, correspondence courses, or similar distance learning training;
   3. (3) training at association meetings, only when the meetings include training sessions containing subject matter related to the particular license; or
   4. (4) other professional activities, such as publication of articles or teaching classroom training courses.

3. (c) The executive director shall determine the number of hours of training credit that will be granted for approved training. The executive director may:

   1. (1) request field testing data from training providers to substantiate the hours requested; and
   2. (2) use subject matter expert qualifications to determine the training credit awarded.

4. (d) Applications for training approval or approval of new training material must:

   1. (1) be made on a standard form provided by the executive director;
   2. (2) be submitted to the executive director with the applicable fee found in the chart contained in subsection (x)(6) of this section;
   3. (3) be accompanied by supplemental information and materials according to the specific requirements for each type of training as approved by the executive director;
   4. (4) contain supplemental materials and information edited by subject matter experts; and
   5. (5) include samples of certificates of completion including information as required by the executive director.
5. (e) Once training is approved, a training provider may offer the training as approved without notification to the executive director.
6. (f) Training is considered approved until the content changes, or until the executive director notifies the training provider that changes in the content or presentation of the training event are necessary.
7. (g) If a training provider changes the delivery method of the training , the training must be resubmitted for review and approval by the executive director.
8. (h) The executive director may require training providers to update training or training materials to ensure that the content reflects current technology and practices.

9. (i) Training providers shall:

   1. (1) keep manuals and training content updated to reflect rule changes;
   2. (2) resubmit for approval training material that makes any reference to rules within 180 days of any new rule adoption that pertains to that training;
   3. (3) resubmit materials with substantial changes for review and reapproval by the executive director accompanied by a summary, list, or other indication of significant changes;
   4. (4) be responsible for the content and delivery of the training;
   5. (5) retain accurate training records for a minimum of five years;
   6. (6) maintain records of training approval throughout the entire period the training provider actively provides training;
   7. (7) notify students of all fees associated with completing and obtaining credit for training before and during the training;
   8. (8) accurately present to students approved training credit along with any other criteria for obtaining the credit;
   9. (9) ensure that classroom instructors are qualified and provide the agency with instructor qualifications when requested;
   10. (10) inform licensees that distance learning training repeated within the renewal period will not receive training credit if the training uses the same performance-based assessment;
   11. (11) allow agency staff or their agents access to training events in order to audit training content, manner of presentation, and instructor effectiveness and qualifications;
   12. (12) verify participation and report the participant's training credit hours not to exceed approved training credit hours; and
   13. (13) provide to the executive director electronic rosters of training events within 14 business days after a participant's successful completion of the training event per procedures provided and approved by the executive director.
10. (j) Training events shall not be advertised as approved until notice of approval is received from the executive director.
11. (k) The executive director may recall training for reevaluation which may result in rescinding the previous approval of the training.

12. (l) Training used to meet the requirements for obtaining or renewing a license must:

    1. (1) be approved by the executive director before the training begins;
    2. (2) provide the knowledge or skills necessary to perform one or more of the occupation's critical job tasks as determined by a job analysis or training needs assessment;
    3. (3) not promote or endorse the products, product lines, or services of a manufacturer, distributor, or service provider or used as an opportunity for advertisement;
    4. (4) provide the means to accomplish the learning objectives identified for the training;
    5. (5) include, but are not limited to, visual aids, graphics, and interactivity to enhance learning and attain learning objectives;
    6. (6) include regular monitoring of participant comprehension throughout the training with feedback from the training provider, instructor, or subject matter expert;
    7. (7) be monitored for successful participant completion and completed training credit reported to the agency by the approved training provider; and
    8. (8) utilize, at a minimum, subject matter experts and instructional design experts or effective qualified classroom instructors to develop training materials for approval. Additionally, development for technology-based training must also utilize experts in technology.

13. (m) Classroom training, training providers, and classroom instructors must meet all requirements as detailed in this section, but are exempt from the requirements in subsections (n), (o), (p), (q), and (r) of this section.

    1. (1) Classroom training must not be held in a place of business of a product manufacturer, distributor, or service provider directly related to the occupational license. Water, wastewater, and solid waste facilities are exempted and applicable approved training may be held at these facilities.
    2. (2) The agency may approve high school vocational education courses if their content follows the guidance of the respective licensing program area and meets training requirements in this chapter.

14. (n) Conference training, training providers, and subject matter experts must meet all requirements as detailed in this section, but are exempt from the requirements in subsections (m), (o), (p), (q), and (r) of this section.

    1. (1) Training at conferences may be submitted for approval by:

       1. (A) governmental entities or their designated agents;
       2. (B) industry-related associations; or
       3. (C) colleges listed by accrediting agencies that are recognized by the United States Department of Education.
    2. (2) The executive director may award training credits for successful completion of in-state and out-of-state conferences.
    3. (3) To receive training credits for in-state and out-of-state conferences, the training must be approved by the executive director prior to the conference.
    4. (4) Training at conferences will be approved for a specified number of training credits.
    5. (5) To be approved, a conference should contain a minimum of three hours of approvable training.
    6. (6) If the executive director determines the conference training is more appropriately presented as classroom training, the training provider may be required to meet requirements as detailed in subsection (m) of this section.
    7. (7) The conference is considered approved until content, presenters, or duration changes.
    8. (8) The conference training must not be held in a place of business of a product manufacturer, distributor, or service provider directly related to the occupational license.

15. (o) Training at association meetings, training providers, and subject matter experts must meet all requirements as detailed in this section, but are exempt from the requirements in subsections (m), (n), (p), (q), and (r) of this section.

    1. (1) Training sessions conducted at regular and special meetings of industry-related associations whose members hold licenses that are issued by the commission may be approved per event or on an annual basis.
    2. (2) Associations may apply annually for approval of training at meetings . If not approved annually, training at individual meetings may be approved, so long as approval is requested in writing at least 45 days before the meeting as detailed in subsection (d) of this section.
    3. (3) Training at association meetings must be presented by subject matter experts.
    4. (4) Training at association meetings over two hours must meet requirements in subsection (n) of this section.
    5. (5) The training at association meeting must not be held in a place of business of a product manufacturer, distributor, or service provider directly related to the occupational license.

16. (p) Distance learning training, training providers, and training materials must meet all requirements as detailed in this section, but are exempt from the requirements in subsections (m), (n), and (o) of this section.

    1. (1) Distance learning training may only be submitted for approval by:

       1. (A) governmental entities or their designated agents;
       2. (B) industry-related associations;
       3. (C) colleges listed by accrediting agencies that are recognized by the United States Department of Education; or
       4. (D) other entities, as determined by the executive director, who can demonstrate comparable or subject matter expertise, knowledge of and experience with educational principles and effective instructional design.
    2. (2) Applications for distance learning training approval must be accompanied by the supplemental materials as approved by the executive director for either correspondence or technology-based training.

    3. (3) Distance learning training:

       1. (A) may not be substituted for actual hands-on training, if hands-on training is necessary to teach required manual skills;
       2. (B) must provide students within one business day access to subject matter experts;
       3. (C) repeated within the renewal period will not receive training credit if the training uses the same performance-based assessment; and
       4. (D) must maintain procedures to protect student identity if using the Internet.

17. (q) Correspondence training, training providers, and training materials must meet all requirements as detailed in this section, but are exempt from the requirements in subsections (m), (n), (o), and (r) of this section. Correspondence training is distance learning that can either be paper-based conducted through a postal system, electronic-based conducted through a Web site, or a blend of these delivery systems and shall:

    1. (1) make available a text or training manual to students for training with any delivery system; and
    2. (2) provide acceptable procedures for participant identity verification.

18. (r) Technology-based training must meet all requirements as detailed in this section, but are exempt from the requirements in subsections (m), (n), (o), and (q) of this section, and shall:

    1. (1) provide access to the agency if provided via the Internet;
    2. (2) provide tracking of student time and progress required for training completion;
    3. (3) provide acceptable procedures for participant identity verification; and
    4. (4) provide access within one business day to technical support and subject matter experts.
19. (s) Printed training material should be presented in an original manner and must be relevant to the necessary tasks and knowledge for the occupational licensees.
20. (t) Public information copied from Web sites or other sources is not acceptable as training materials unless modified to be applicable to the target audience and the method of delivery.
21. (u) If training materials submitted to the executive director for approval are copyrighted materials, the training provider is responsible for obtaining proper approval from the publisher to reprint text, pictures, graphics, tables, data, and any other information that is obtained from a source that is not an original creation of the training provider. The training materials submitted shall include appropriate references.
22. (v) Under the Public Information Act, copyrighted training materials submitted to the executive director may be inspected by the public. The agency will not provide copies of copyrighted materials to the public unless required to do so as a result of legal action.

23. (w) The executive director may:

    1. (1) return without approval, training courses and training material determined to contain extensive errors or not meeting the requirements of this section;
    2. (2) monitor, recall, reevaluate, and/or rescind approval of topics or training materials provided at approved training; and

    3. (3) recall rescind, suspend, or deny training approval for good cause, which includes, but is not limited to:

       1. (A) the training does not conform to current accepted industry standard practices or agency rules;
       2. (B) the training does not conform to the materials as approved;
       3. (C) the subject matter is not related to critical job tasks performed by licensees;
       4. (D) an instructor is not qualified to teach the subject matter;
       5. (E) an instructor is ineffective in the delivery of the subject matter;
       6. (F) the training promotes or endorses products, product lines, or services from a manufacturer, distributor, or service provider;
       7. (G) participation records are not submitted as required by subsection (i)(13) of this section;
       8. (H) records, rosters, or application materials have been falsified;
       9. (I) noncompliance with a training recall;
       10. (J) the training provider is not active or the training has not been conducted for three or more years; or
       11. (K) the training environment is not conducive to learning.

24. (x) Fees for training approval will be assessed based on requested training credit hours available for the event with the exception of annual review and approval of training at association meetings. If the requested hours are significantly different than the actual hours of training awarded, the executive director may request an adjustment in the fee from the applicant.

    1. (1) Fees should be submitted with the application and supplemental materials as detailed in paragraph (6) of this subsection.
    2. (2) Fees are nonrefundable whether the training event is approved or not approved.
    3. (3) The review and approval of training may require both an administrative review for application package completeness and a technical review for compliance with the requirements and standards detailed in this section. The fee will include both of these reviews.
    4. (4) The application will become void and the fee forfeited if an applicant does not respond within 60 days of the notification provided by the executive director of any deficiencies in the application.
    5. (5) Any training material submitted for approval after January 1, 2008, requires submittal of the applicable fees listed in paragraph (6) of this subsection.
    6. (6) The greater of the following fees should be submitted with each application for approval of training for occupational licensing depending on the type of training as outlined in the following table.
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Source Note:The provisions of this §30.28 adopted to be effective September 27, 2007, 32 TexReg 6523.