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TITLE 30ENVIRONMENTAL QUALITY
PART 1TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
CHAPTER 30OCCUPATIONAL LICENSES AND REGISTRATIONS
SUBCHAPTER AADMINISTRATION OF OCCUPATIONAL LICENSES AND REGISTRATIONS
RULE §30.28Approval of Training

(a) The executive director shall approve training that provides the knowledge or skills necessary to obtain or maintain licenses or registrations that are issued by the commission. This training shall be directly related to tasks performed by persons whose duties require a license or registration in a program that is administered by the commission.

(b) The executive director may approve specific training delivery methods, to include:

  (1) classroom training;

  (2) conferences;

  (3) technology-based training;

  (4) correspondence courses or similar distance training;

  (5) association meetings that include training sessions containing subject matter related to the particular license; or

  (6) other professional activities, such as the publication of articles.

(c) The executive director shall award training credit for successful completion of approved training used for obtaining or renewing a license.

(d) The executive director shall determine the occupational program(s) and number of hours of training credit that will be granted for approved training. The executive director may:

  (1) use the provider's subject matter experts' qualifications to determine the program(s); and

  (2) request field testing data from training providers to validate the hours requested.

(e) Training providers who submit applications for approval must:

  (1) utilize a standard form and method provided by the executive director;

  (2) include the applicable fee found in the chart contained in subsection (g) of this section;

  (3) include supplemental information and materials according to the specific requirements for each method of training as approved by the executive director;

  (4) include supplemental materials and information edited by subject matter experts;

  (5) include samples of certificates of completion, including information as required by the executive director;

  (6) document approval from the publisher to reprint text, pictures, graphics, tables, data, and any other information that is copyrighted or obtained from a source that is not an original creation of the training provider. The training materials submitted shall include appropriate references; and

  (7) respond to any deficiencies within 60 days of the notification provided by the executive director or the application will become void and the fee forfeited.

(f) The executive director shall determine whether a provider meets the requirements of this subchapter.

(g) Fees for training applications will be calculated based on the number of requested training credit hours or type of association meetings using the following table. If the requested hours are significantly different than the actual hours of training awarded, the executive director may request an adjustment in the fee from the applicant. If the applicant does not provide the adjusted fee, the application will not be processed, resulting in denial of training approval. Fees are nonrefundable whether the training is approved or not approved.

Attached Graphic

(h) Training delivered to meet the requirements for obtaining or renewing a license must:

  (1) be approved by the executive director before the training begins;

  (2) provide the knowledge or skills necessary to perform one or more of the occupation's critical job tasks as determined by a job analysis or training needs assessment;

  (3) not promote or endorse the products, product lines, or services of a manufacturer, distributor, or service provider or used as an opportunity for advertisement;

  (4) provide the means to accomplish the learning objectives identified for the training;

  (5) contain learning aids, such as visual aids and graphics. Training must be interactive in order to enhance learning and attain learning objectives;

  (6) include regular monitoring of student comprehension throughout the training and provide feedback from the training provider, instructor, or subject matter expert to the student;

  (7) be monitored for successful student completion;

  (8) track student time and progress toward completing learning objectives; and

  (9) utilize, at a minimum, subject matter experts and instructional design experts or effective qualified instructors to develop training materials for approval. Additionally, development of technology-based training must also utilize qualified subject matter experts in technology delivery methods.

(i) Training shall not be advertised as approved until notice of approval is received from the executive director.

(j) Training may not be held in a place of business of a product manufacturer, distributor, or service provider directly related to the occupational license for which the training provider seeks approval.

(k) Once training is approved, training providers may offer the training without notification to the executive director.

(l) Training is considered approved until the content changes, or until the executive director notifies the training provider that changes in the content or delivery of the training are required.

(m) If a training provider changes the delivery method of the training, the training must be submitted for review and approval by the executive director.

(n) The executive director may:

  (1) deny applications for training courses that contain extensive errors or do not meet the requirements of this section;

  (2) conduct an administrative review for application completeness and a technical review for compliance with applicable agency rules;

  (3) monitor, recall, reevaluate, and/or rescind approval of topics or training materials;

  (4) require training providers to update training delivery methods or training materials to ensure that the content reflects current technology and practices;

  (5) deny an application after determination that another delivery method is more conducive for the training material; and

  (6) recall training for reevaluation which may result in rescinding any previous approval.

(o) The executive director's grounds for recalling, rescinding, suspending, or denying approval include, but are not limited to:

  (1) the training does not conform to current accepted industry standard practices or agency rules;

  (2) the training does not conform to the materials or method as approved;

  (3) the subject matter is not related to critical job tasks performed by licensees;

  (4) an instructor is not qualified to teach the subject matter;

  (5) an instructor is ineffective in the delivery of the subject matter;

  (6) the training promotes or endorses products, product lines, or services from a manufacturer, distributor, or service provider;

  (7) the training credits for successfully completed training are not electronically submitted within 14 business days of course completion;

  (8) the records, rosters, or application materials have been falsified;

  (9) the training provider does not comply with a training recall;

  (10) the training provider is not active or training has not been conducted for three or more years; or

  (11) the training environment is not conducive to learning.

(p) The following types of training will not be approved or awarded training credit:

  (1) distance training or webinars that are repeated during the renewal period;

  (2) distance training that is intended to teach required manual skills; or

  (3) webinar training that is submitted to qualify an applicant for an initial license.

(q) Approved training providers shall:

  (1) ensure the executive director has the most current electronic edition of training materials;

  (2) keep manuals and training content updated to reflect rule changes;

  (3) submit approved training material that references rules for reapproval within 180 days of any new rule adoption that pertains to that training;

  (4) submit material with substantial changes, including a summary, list, or other indication of changes, for review and reapproval by the executive director;

  (5) allow the executive director staff or their agents access to training in order to audit training content, manner of delivery, and the effectiveness and qualifications of instructors and subject matter experts;

  (6) be responsible for the content and delivery of the training;

  (7) retain accurate training records for a minimum of five years;

  (8) maintain records of training approval throughout the entire period the training provider actively delivers training;

  (9) ensure that instructors and subject matter experts are qualified and provide the executive director with qualifications when requested;

  (10) notify students of all fees associated with completing the training and obtaining credit for training before and during the training;

  (11) accurately present to students the approved training credit along with any other criteria for obtaining full or partial training credit;

  (12) provide students with approved copies of texts, manuals, or other training materials to use during the training and for future reference required by the delivery method and as approved by the executive director;

  (13) verify participation;

  (14) provide acceptable procedures for student identity verification;

  (15) maintain procedures to protect student identity and personal information;

  (16) provide students access to subject matter experts to answer technology-related and content-related questions within one business day from the time of request; and

  (17) electronically report the students' successfully completed training credit hours per procedures provided and approved by the executive director, not to exceed approved training credit hours, within 14 business days of training completion.

(r) Printed training material must be presented in an original manner and must be relevant to the critical job tasks and knowledge for the occupational licensees.

(s) Public information copied from websites or other sources is not acceptable as training materials unless modified to be applicable to the target audience and the method of delivery.


Source Note: The provisions of this §30.28 adopted to be effective September 29, 2016, 41 TexReg 7489

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