1. (a) A law enforcement agency, a law enforcement association, alternative delivery trainer, or proprietary training contractor may make application to conduct training for licensees.

2. (b) As part of the electronic application process, the following documentation shall be submitted:

   1. (1) documentation that an advisory board has been appointed as provided by §215.7 of this chapter and §1701.252 of the Texas Occupations Code;
   2. (2) advisory board minutes that show the advisory board has complied with the requirements of §215.7 of this chapter;
   3. (3) documentation of compliance with the electronic reporting requirements of §1701.1523;
   4. (4) the name and PID of the proposed training coordinator;
   5. (5) documentation that the training coordinator is in compliance with the responsibilities required by contract, law, or rule, to include but not limited to §215.9 of this chapter;
   6. (6) a schedule of tuition and fees that will be charged, if any;
   7. (7) selection of a training facility and instructional materials that meets inspection requirements identified in §215.3(d) of this chapter, as determined by the commission; and

   8. (8) at the request of the executive director the applicant must forward for approval:

      1. (A) resumes for each board member; and/or
      2. (B) at least one copy of the learning objectives of each course covered by the contract.

3. (c) A training needs assessment must be completed and submitted for commission approval and shall include:

   1. (1) what specific training needs are to be addressed by the proposed contract; and
   2. (2) the number and types of courses that will be offered during the first quarter of the executed contract.
4. (d) The chief administrator of the sponsoring organization and the proposed training coordinator must appear before the commissioners to respond to questions prior to action being taken on the application.

5. (e) Once a contract is issued, the chief administrator of the sponsoring organization, or training coordinator, must report in writing to the commission within 30 days:

   1. (1) any change in chief administrator or training coordinator;
   2. (2) any failure to meet commission rules and standards by the provider, training coordinator, instructors, or advisory board;
   3. (3) any change in provider name, physical location, mailing address, electronic mail address, or telephone number; or
   4. (4) when non-compliance with federal or state requirements is discovered.

6. (f) A contract is limited to those terms expressly included in the contract or incorporated by reference and is:

   1. (1) in 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.
7. (g) A contract may approve the courses and the number of times they will be offered. These contracts are for a stated period of time 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.

8. (h) The commission will award training credit for any course conducted by a contract training provider as provided by commission rules unless:

   1. (1) the training was not conducted in compliance with the contract;
   2. (2) the advisory board, training coordinator or instructor failed to discharge any responsibility required by commission rule; or
   3. (3) the credit was claimed by deceitful means.

9. (i) A contract to provide distance education courses may be approved if the contractual training provider:

   1. (1) submits a request, for which a recovery fee may be charged, in accordance with the commission's rules or established procedures before the course is offered;
   2. (2) ensures that each course will have one or more sponsors assigned, who shall be responsible both for the conduct of the course and the proctoring of any examination during the course;
   3. (3) ensures that the student, without the use of deceitful means, completes the required coursework, receives a passing grade on any examination or evaluation required by the lesson guide or learning objectives; and
   4. (4) ensures that the student's assigned work is corrected, graded, and reviewed by qualified instructors, and returned to the student via an exchange that provides a personalized student-teacher relationship.
10. (j) The executive director may suspend a contract for any violation of its terms or of any commission rule or law.
11. (k) The executive director may terminate a contract if no training is conducted within a calendar year unless the chief administrator has petitioned the executive director for a waiver and the waiver has been granted. Any party may terminate, upon written notice to all other parties, received by the executive director, or the coordinator, or any other named person or office.

12. (l) Notwithstanding any other provision of this chapter, the commission may revoke a contract if the:

    1. (1) contractual provider has been classified as at risk under §215.13 of this chapter for a 12-month period without complying with commission rules; or
    2. (2) training coordinator intentionally or knowingly submits a falsified document or a false written statement or representation to the commission.
13. (m) The effective date of this section is July 14, 2011.

Source Note:The provisions of this §215.5 adopted to be effective July 6, 2009, 34 TexReg 4342; amended to be effective October 28, 2010, 35 TexReg 9112; amended to be effective July 14, 2011, 36 TexReg 3932.