(a) Potential participants should be informed in advance
of course content, learning objectives, prerequisites, and recommended
credits so they can determine whether they are qualified to participate
in and benefit from the program. The stated learning objectives should
clearly communicate the specific areas of knowledge that will be covered.
If there are no prerequisites for the course, a statement to this
effect must be made.
(b) The program developer must organize the program
around the stated learning objectives and must retain a copy of the
final program, including electronic media, in accordance with §523.143(b)
of this chapter (relating to Sponsor's Record). The final program
must contain sufficient documentation to support the number of CPE
credits granted. The course materials must be periodically reviewed
to assure that they are accurate and consistent with currently accepted
standards relating to the program's subject matter. The program developer
should provide the instructor with separate materials that emphasize
sections of the course that need reinforcement, if appropriate.
(c) Instructors must be qualified both with respect
to program content and teaching methods used. Sponsors shall evaluate
the performance of instructors at the conclusion of each program to
determine their suitability for continuing to serve as instructors.
(d) All programs must provide for some means to evaluate
both the competence of the instructor and the course material. Refer
to §523.141 of this chapter (relating to Evaluation).
(e) Self-study programs must conform to the requirements
outlined in §523.102(c)(2) of this chapter (relating to CPE Purpose
and Definitions).
(1) Program must include at least three review questions
for each CPE credit, or two review questions if the program is marketed
for one-half CPE credits to allow the participant the opportunity
to understand the material. Evaluative feedback must be provided for
each incorrect response.
(2) To provide evidence of satisfactory completion
of the course, CPE sponsors must require participants to successfully
complete a final exam with a passing grade of at least 70%. The final
exam must have at least five questions for each CPE credit granted
and no more than 25% of the questions be "true/false" in nature.
(3) Program or course expiration date. Course documentation
must include an expiration date (the time by which the participant
must complete the final exam). The expiration date should be no longer
than one year from the date of purchase.
(f) Nano programs must use instructional methods that
clearly define a minimum of one learning objective, guide the participant
through a program of learning, and provide evidence of a participant's
satisfactory completion of the program. Satisfactory completion of
the program must be confirmed at the conclusion of the program by
passing a final exam.
(1) To provide evidence of satisfactory completion
of the course, CPE sponsors must require participants to successfully
complete a final exam with a passing grade of 100 percent before issuing
CPE credit for the course. The final exam may contain questions of
varying format (for example, multiple choice, rank order, and matching).
Only two questions must be included on the final exam. "True or false"
questions are not permissible on the final exam. If the participant
fails the final exam CPE credit will not be granted. The participant
may re-take the program and the number of re-takes permitted is at
the sponsor's discretion.
(2) Program or course expiration date. Course documentation
must include an expiration date. The expiration date is no longer
than one year from the date of purchase.
(3) Based on materials developed for instructional
use, Nano programs must be based on materials specifically developed
for instructional use and not on third-party materials. Nano learning
programs requiring only the reading of general professional literature,
IRS publications, or reference manuals followed by an assessment will
not be acceptable.
(g) Blended programs must use instructional methods
that clearly define learning objectives and guide the participant
through a program of learning. Pre-program, post-program, and homework
assignments should enhance the learning program experience and must
relate to the defined learning objectives of the program.
(1) Blended programs include different learning or
instructional methods (for example, lectures, discussion, guided practice,
reading, games, case studies, and simulation); different delivery
methods (group live, group Internet based, nano learning, or self
study); and/or different levels of guidance (for example, individual,
instructor or subject matter expert led, or group and social learning).
To guide participants through the learning process, CPE program sponsors
must provide clear instructions and information to participants that
summarize the different components of the program and what must be
completed or achieved during each component in order to qualify for
CPE credits. The CPE program sponsor must document the process and
components of the course progression and completion of components
by the participants.
(2) To provide evidence of satisfactory completion
of sections of the course that are not "live" (such as nano or self-study)
CPE sponsors must require participants to successfully complete an
exam with a passing grade appropriate to the delivery method (i.e.
70% for self-study, 100% for nano).
(h) Sponsors are responsible for ensuring the participants
register their attendance during the program. Sponsors are responsible
for assigning the appropriate number of CPE credits for participants,
including reduced CPE credits for those participants who arrive late
or leave early. Refer to §523.142 of this chapter (relating to
Program Time Credit Measurement for Sponsors).
(i) Sponsors must comply with all CPE rules including §523.143
of this chapter.
(j) Sponsors awarding CPE credit for a board authorized
ethics course defined in §523.131 of this chapter (relating to
Board Approval of Ethics Course Content) must do so through a board
authorized instructor as defined in §523.132 of this chapter
(relating to Board Authorized Ethics Instructors).
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Source Note: The provisions of this §523.140 adopted to be effective April 7, 2004, 29 TexReg 3482; amended to be effective February 17, 2008, 33 TexReg 1114; amended to be effective December 3, 2008, 33 TexReg 9692; amended to be effective August 11, 2010, 35 TexReg 6828; amended to be effective February 6, 2013, 38 TexReg 505; amended to be effective March 29, 2017, 42 TexReg 1446; amended to be effective August 3, 2017, 42 TexReg 3788; amended to be effective December 1, 2021, 46 TexReg 8059 |