| (a) The board may enter into an agreement with any
sponsor of CPE programs to become a board registered CPE sponsor where
the sponsor, in the opinion of the board, demonstrates that it will
comply with its obligations to the board and that its programs will
conform to the board's standards as outlined in:
(1) §523.115 of this chapter (relating to Credits
for Instructors and Discussion Leaders);
(2) §523.130 of this chapter (relating to Ethics
Course Requirements), (if applicable);
(3) §523.140 of this chapter (relating to Program
Standards);
(4) §523.141 of this chapter (relating to Evaluation);
and
(5) §523.142 of this chapter (relating to Program
Time Credit Measurement for Sponsors).
(b) The board will also require that each organization
applying to become a board registered CPE sponsor agrees that in the
conduct of its business it will:
(1) Not commit fraud, deceit or engage in fiscal dishonesty
of any kind;
(2) Not misrepresent facts or make false or misleading
statements;
(3) Not make false statements to the board or to the
board's agents; and
(4) Comply with the laws of the United States and the
State of Texas.
(c) Each organization applying to become a board registered
CPE sponsor must submit an application on registration forms provided
by the board. The application must be complete in all respects and
must be accompanied with payment of a non-refundable registration
fee unless the sponsor is exempt from paying the fee in accordance
with this rule. Sponsors that offer regularly scheduled course titles
that are at least one hour and up to four hours in length may accumulate
these course titles into an eight-hour course block when determining
fees. A maximum of 24 hours may be accumulated into three eight-hour
course blocks. Refer to interpretative comment in subsection (j) of
this section for explanation. The registration fee is based on the
number of course titles offered and is identified in the following
chart:
Attached Graphic
(d) To qualify for an exemption from the annual registration
fee a sponsor must be:
(1) a state, federal or other governmental agency that
provides CPE for its employees and others at no charge;
(2) a sponsor registered and in good standing with
NASBA's National Registry of CPE Sponsors;
(3) an institution of higher education whose courses
are accepted for transfer credit by the reporting institution in the
State of Texas. Other than courses acceptable for transfer credit,
continuing education does not qualify for the exemption whether offered
through an institute of higher education or through an educational
foundation operating within such an institution; or
(4) subject to the board's discretion, sponsors' courses
that are subject to review by another entity may apply for an exemption
from fees.
(e) Sponsors that are exempt from paying the registration
fee shall annually register with the board.
(f) The board will not prorate the registration payment
for an organization for less than one year. Upon renewal in the second
and succeeding years, the registration amount may be increased to
cover the costs of review of sponsors and individual courses.
(g) Board staff will review each application and notify
the sponsor of its acceptance or rejection. Accepted sponsors will
be assigned a sponsor number and can represent that they are a board
registered CPE sponsor. An acceptance in any given year shall not
bind the board to accept a sponsor in any future year.
(h) After the registration has been accepted, the board,
in its sole and exclusive discretion, may determine that a registered
sponsor is not in compliance with the registration requirements, CPE
standards or applicable board rules. The board will provide the registered
sponsor reasonable notice of such a determination and shall provide
the registered sponsor a reasonable opportunity to become compliant.
If the board determines the sponsor is not in compliance, the board
may request that the sponsor make changes or the board may terminate
the sponsor's registration. A sponsor that has had its registration
terminated or has voluntarily surrendered its registration may apply
for reinstatement after the first anniversary of the date of termination.
The registration fee shall not be prorated or refunded if the registration
is terminated.
(i) A sponsor that requests reinstatement may do so
by submitting a completed application and paying the fee provided
for in subsection (c) of this section. The application for reinstatement
must be accompanied with a list of the course(s) proposed to be offered.
From that list the board will select one or more courses that must
successfully pass the review pursuant to §523.147 of this chapter
(relating to Sponsor Review Program), before any course can be offered.
(j) A CPE sponsor registration is renewable annually
by submitting a renewal application and paying the registration fee
unless stated in subsection (d) of this section.
(k) Interpretive Comment: In applying the fee structure
to courses, it is deemed that small practice groups and sponsors that
provide lectures and seminars on a regular basis are allowed to accumulate
course titles that are at least one hour and up to four hours in length
into one eight-hour course block. The maximum number of groupings
of courses is limited to three eight-hour course blocks of 24 hours
of qualified courses.
|
| Source Note: The provisions of this §523.144 adopted to be effective December 2, 2004, 29 TexReg 11033; amended to be effective June 7, 2006, 31 TexReg 4646; amended to be effective November 29, 2006, 31 TexReg 9615; amended to be effective August 12, 2007, 32 TexReg 4764; amended to be effective February 17, 2008, 33 TexReg 1116; amended to be effective February 6, 2013, 38 TexReg 506; amended to be effective March 29, 2017, 42 TexReg 1448 |
