1. (a) The commission may, at the discretion of the executive director, enter into a contract with a law enforcement agency, a law enforcement association, or alternative delivery trainer to conduct training for licensees.

2. (b) Any such contract is limited to those terms expressly included in the contract or incorporated by reference and must be dated and:

   1. (1) on the currently prescribed commission format;
   2. (2) signed by the executive director;
   3. (3) signed by the chief administrator or head of the sponsoring organization; and
   4. (4) signed by the training coordinator responsible for the administration of that training.
3. (c) A contract may approve a specific course(s) and the number of times it will be offered. These contracts are for a stated period of time, or two years, whichever is less, but may be terminated within 10 days by written notice on the part of either party to the contract. A contract may incorporate by reference a law, rule, or any other document, however, any waiver, exception, or deletion must be expressed.
4. (d) The executive director may terminate a contract if no training is conducted within each calendar year unless the chief administrator has petitioned the executive director for a waiver, and the waiver has been granted. The executive director may suspend a contract, until compliance, for any violation of its terms or of any commission rule or law. Any party may terminate, upon written notice to all other parties, received by either the executive director, the coordinator, or any other named person or office.

5. (e) The contractual training provider must:

   1. (1) provide a comprehensive needs assessment to the executive director justifying the need for a contract. The needs assessment must include at a minimum:

      1. (A) the names of the licensed academies located in the council of governments or regional planning commission area of the applicant;
      2. (B) a description of the existing law enforcement training programs in the area;
      3. (C) what specific training need(s) are to be addressed by the proposed contract;
      4. (D) the number and types of courses that will be offered during the first quarter of the executed contract;
   2. (2) appoint and maintain an advisory board as required by law and rule;
   3. (3) follow the current requirements set by its advisory board;
   4. (4) select a training facility that meets all academy inspection requirements, if applicable;
   5. (5) select any instructional material, equipment, or resources necessary for the course;
   6. (6) forward for approval, upon the executive director's request, at least one copy of the learning objectives of each course covered by the contract;
   7. (7) appoint and maintain the appointment of a qualified training coordinator;
   8. (8) ensure the training coordinator discharges any responsibilities required by law, rule, or contract, including §215.9 of this title;
   9. (9) select and monitor the performance of qualified instructors;
   10. (10) admit any licensee subject to any reasonable limitations or preferences required by the advisory board;
   11. (11) ensure effective training and distribute learning objectives to each student before the course is taught;
   12. (12) teach or ensure that each course is taught in accordance with the instructor guide and/or learning objectives provided or approved by the commission;
   13. (13) keep records of all contractual training for at least five years after training has ended; and
   14. (14) proctor any required examination and ensure fair, honest results.

6. (f) Unless expressly waived by the contract:

   1. (1) an advisory board for a contractual training provider must discharge the responsibilities of such boards as required by law or rule; and
   2. (2) a training coordinator for a contractual training provider must discharge the responsibilities of §215.9 of this title.

7. (g) By entering into any such contract the commission approves specific training which will be fully credited by the commission to each student as continuing education training or to the agency as continuing education training provided by that agency, unless:

   1. (1) the training was not conducted in compliance with the contractual; or
   2. (2) the advisory board, training coordinator or instructor substantially failed to discharge any responsibility required by rule.
8. (h) Once the contract has been executed, the contractual trainer may be evaluated periodically by the commission as determined by the executive director. The evaluation may be accomplished by commission staff or by training professionals selected and trained by the executive director.
9. (i) The effective date of this section is March 1, 2002.

Source Note:The provisions of this §215.5 adopted to be effective March 1, 2001, 26 TexReg 224; amended to be effective March 1, 2002, 26 TexReg 11039.