| (6) Course syllabus. The licensee shall provide a course
syllabus to the department verifying the minimum of 14 hours of training
for a certification program as specified in subsection (d) of this
section and a minimum of six hours of training for a recertification
program as specified in subsection (e) of this section. The training
methods shall be designated on the application. A course curriculum
shall be available for review to verify the course syllabus.
(7) Certification examination. Department-approved
examinations utilized by the certified food management programs shall
be designated on the completed application.
(o) Responsibilities of a licensee.
(1) Compliance with certified food management program
laws and rules. The licensee is responsible for compliance with applicable
certified food management program laws and rules.
(2) Payment of fees. All fees shall be non-refundable
and paid as specified in subsection (p) of this section.
(3) Certified food management program course content.
All certified food management programs shall be taught utilizing the
training and time requirements in Texas Health and Safety Code, §438.043(a).
(4) Change of sponsor. The licensee shall notify the
department in writing of the name of the new program sponsor.
(5) Change of qualified instructor. The licensee shall
ensure that only a department-qualified instructor serves as the instructor
for the certified food management program. All new instructors shall
complete the application for new instructors that shall be submitted
by the licensee to the department with the applicable documentation.
Licensees shall instruct all new instructors on the applicable laws
and rules and administrative responsibilities.
(p) Required fees. All fees are payable to the Department
of State Health Services and are non-refundable. Licensees shall submit
fees with the appropriate form that relates to the fee category. A
current license shall only be issued when all past due fees and late
fees are paid for all years of operation in Texas. The fees shall
be:
(1) Certified food manager program license fee for
initial, renewal, or change of ownership. The certified food manger
program license fee shall be $600 for a two-year license for each
certification or recertification program.
(2) Certified food manager program amended license
fee. Program amendment fees shall be $300 for each certification or
recertification program.
(3) Late fee. Certified food manager licensees submitting
a completed renewal application to the department after the expiration
date shall pay an additional $100 as a late fee.
(4) Texas.gov fee. For all applications and renewal
applications, the department is authorized to collect subscription
and convenience fees, in amounts determined by Texas.gov, to recover
costs associated with application and renewal application processing
through Texas.gov.
(q) Certified food management program registry. The
department shall maintain a program registry of all accredited certification
and recertification programs. The registry shall be made available
on the department website.
(r) Department audits. Audits of examination and classroom
may be conducted to assess program compliance. Audits may be based
on analysis of data compiled by the department. The licensee shall
allow personnel authorized by the department access for the purposes
of an audit.
(s) Denial, suspension and revocation of program accreditation.
An accredited food manager program license may be denied, suspended
or revoked for the following reasons:
(1) breach of the security agreement;
(2) delinquency in payment of fees as described in
this section; or
(3) violation of the provisions of this section.
(t) Denial, suspension and revocation procedures. Denial,
suspension and revocation procedures under this section shall be conducted
in accordance with the Administrative Procedure Act, Texas Government
Code, Chapter 2001.
(u) Suspension of License Relating to Child Support
and Child Custody.
(1) On receipt of a final court order or attorney general's
order suspending a license due to failure to pay child support or
for failure to comply with the terms of a court order providing for
the possession of or access to a child, the department shall immediately
determine if a license has been issued to the obligator named and:
(A) record the suspension of the license in the department's
records;
(B) report the suspension as appropriate; and
(C) demand surrender of the suspended license.
(2) The department shall implement the terms of a final
court or attorney general's order suspending a license without additional
review or hearing. The board will provide notice as appropriate to
the licensee or to others concerned with the license.
(3) The department may not modify, remand, reverse,
vacate, or stay a court or attorney general's order suspending a license
issued under the Texas Family Code, Chapter 232, and may not review,
vacate, or reconsider the terms of an order.
(4) A licensee who is the subject of a final court
or attorney general's order suspending his or her license is not entitled
to a refund for any fee paid to the department.
(5) If a suspension overlaps a license renewal period,
an individual with a license suspended under this section shall comply
with the normal renewal procedures in the Act and this chapter; however,
the license will not be renewed until subsections (l) and (m) of this
section are met.
|
