| (a) Providers shall file course schedules with the commission.
(b) Providers shall notify the commission of changes to their
course schedules
(c) The provider offering each MCE course shall file an MCE
Course Completion Roster, MCE Form 8-3 with the commission within 10 days
following completion of the course. Course completion rosters may be transmitted
for filing by facsimile machine. An authorized representative of the provider
who was in attendance and for whom an authorized signature exemplar is on
file with the commission shall sign MCE Form 8-3. Providers are responsible
for the security of the course completion rosters. The commission may not
accept signature stamps, unsigned forms or forms signed by persons for whom
an authorized signature exemplar has not been previously filed with the commission.
Providers must make every reasonable effort to ensure that no student is certified
for MCE credit who has not attended all class sessions. While a provider is
expected to ensure that each student is present in the classroom for the hours
of time for which credit is awarded, this section is not intended to penalize
students who must leave the classroom for brief periods of time for personal
reasons such as taking medication or responding to the call of nature. Providers
shall make every reasonable effort to ensure that no student is given course
credit if the student persists in disrupting the orderly conduct of a class
after being cautioned by the provider or the instructor to cease disruptive
behavior. Providers may not use students for administration or monitoring
duties during the course if the use prevents the student's participation in
a significant portion of the course.
(d) Providers of MCE correspondence or alternative delivery
method courses shall furnish each student with an Alternative Instructional
Methods Reporting Form, MCE Form 9-4, at the time of the final examination.
Upon successful completion of the examination the student shall sign MCE Form
9-4. To report successful course completion the provider shall file the completed
MCE Form 9-4 with the commission.
(e) A provider shall, prior to commencement of a course, announce
that the provider will not certify a student for MCE credit unless the student
attends all sessions of the course, that partial credit will not be given
for partial attendance, that no makeups or written work will be allowed for
MCE credit, and that the student must determine if the course is timely and
appropriate for the student's MCE requirement. If the provider has not advertised
or otherwise made students aware of the provider's refund policy, the pre-course
announcement must also contain the refund policy. The provider may allow a
ten-minute break for every 50 minutes of session time, but a break must be
given at least every two hours, using all accumulated break time, and the
daily course presentation may not exceed ten hours.
(f) Facilities used by providers for classroom presentations
must be adequate to accommodate students. Providers shall ensure each student
has seating, a writing surface and writing materials. Rigid tablets or clipboards
may be provided as a writing surface.
(g) All MCE courses must be open to enrollment by the general
public. Providers may give preference in enrollment to persons who need MCE
credit to obtain, renew or activate a license and may enroll all others on
a space available basis. For a classroom course, the provider must offer the
course in a location conducive to instruction that is separate and apart from
the work area, such as a classroom, training room, conference room, or assembly
hall.
(h) Advertising of MCE shall be subject to the following conditions.
(1) A provider applicant may not advertise a specific MCE course
or represent in advertising that the applicant is a provider until the applicant
has received written approval from the commission for the providership and
at least one course. A provider applicant may advertise an intention to offer
MCE courses if no specific course is described and the advertisement clearly
indicates the applicant has not been approved as a provider.
(2) A provider may not advertise that a course has been approved
or offer a course until the provider has received written approval of the
course.
(3) Any advertisement or promotional material used by a provider
must indicate the MCE provider's name or assumed business name as reflected
in the commission's records and the MCE provider number assigned by the commission.
The advertisement or promotional material also must include either the specific
MCE course numbers and course titles or a statement that MCE course numbers
and titles are available from the provider. When a provider offers a course
that is hosted by another person or organization, the advertisement or promotional
material must show clearly that the approved MCE provider is offering the
course.
(4) A provider may not publish advertisements which are misleading
or which are likely to deceive the public.
(5) Any name a provider uses in advertising must not be deceptively
similar to the name of any other approved MCE provider or school accredited
by the commission or falsely imply a governmental relationship.
(6) Any written advertisement which contains a fee charged
by the provider shall display all fees for the course in the same place in
the advertisement and with the same degree of prominence. If a provider requires
students to purchase course materials which are not included in the tuition,
any such fees must appear in the advertisement of the course.
(i) Providers shall retain student attendance records for a
period of three years following the completion of a course and shall make
copies of the records available to former students. A provider may charge
a reasonable fee to defray the cost of copying student records. A provider's
records must be kept at the location designated in the MCE Provider Application.
Providers must obtain prior approval from the commission to change the location
at which the provider's records are kept.
(j) Providers of MCE courses are responsible to the commission
for the conduct and administration of each course presentation, the punctuality
of classroom sessions, verification of student attendance, and instructor
performance. Providers shall ensure that the courses are administered in substantially
the same manner as represented in the application for approval of the course.
Instructors must teach a course in substantially the same manner represented
to the commission in the instructor's manual filed with the application for
course approval. During the presentation of a course, providers may not promote
the sale of goods or services by the provider or by a vendor affiliated or
associated with the provider.
(k) A provider shall update course materials during the period
of time an MCE course may be given to ensure that current and accurate information
is provided to students. Updates shall be considered changes to course content
which do not alter the accuracy of the course outline. Revisions of the course
outline must be filed with the commission prior to implementation, and the
commission may direct a provider to revise the materials further or cease
use of materials.
(l) In the event of a change of ownership, the provider must
obtain approval from the commission prior to the change, and proposed new
owners shall submit an MCE Form 2-2, Principal Information Form. Providers
shall report a change in business name, street or mailing address, person
responsible for records or day-to-day operations, or persons authorized to
sign MCE forms at least 15 days prior to the desired date of change. Providers
shall report any change in refund policy, attorney-in-fact, address of attorney-in-fact
or business telephone number as the change occurs.
(m) Providers may request MCE credit be given to instructors
of MCE courses subject to the following guidelines.
(1) The instructors may receive credit for only those portions
of the course which they teach by filing a completed MCE Form 11-3, Instructor
Credit Request.
(2) The instructors may receive full course credit by attending
all of the remainder of the course and signing the course completion roster.
(n) Each provider shall establish written policies governing
refunds and contingency plans in the event of course cancellation. If the
provider cancels a course, the provider shall fully refund all fees collected
from students, or at the student's option, the provider may credit the student
for another course of equal or greater credit hours.
(o) If the commission determines that it is in the public interest
to cause significant information about changes in the law of agency or other
topics to be included in an MCE course previously approved by the commission,
the commission may require the provider to furnish each student with a copy
of the information. The commission also may require the provider to ensure
that the provider's instructors include the material in the presentation of
the course. The commission shall furnish the provider with a copy of the information
and notify the provider in writing that the commission requires compliance
with this subsection in any course offered after the provider's receipt of
the notice. Failure to comply with this subsection constitutes grounds for
disciplinary action against the provider under Section 535.73 of this title
(relating to Compliance and Enforcement) or for disapproval of an application
for approval as a provider under §535.71 of this title (relating to Mandatory
Continuing Education: Approval of Providers, Courses and Instructors).
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| Source Note: The provisions of this §535.72 adopted to be effective May 1, 1990, 15 TexReg 873; amended to be effective February 8, 1991, 16 TexReg 458; amended to be effective June 18, 1991, 16 TexReg 3078; amended to be effective April 8, 1993, 18 TexReg 1938; amended to be effective December 21, 1993, 18 TexReg 9103; amended to be effective May 4, 1995, 20 TexReg 3019; amended to be effective April 1, 1996, 21 TexReg 1660; amended to be effective March 1, 1999, 24 TexReg 558; amended to be effective June 1, 2000, 25 TexReg 3254; amended to be effective January 29, 2001, 26 TexReg978; amended to be effective October 15, 2001, 26 TexReg 8071 |
