| (o) A provider or instructor shall fully assist any employee of the commission engaged in the performance
of an audit or investigation of a complaint and shall provide records in his possession for examination by the commission or provide such information as is requested by the commission within 15 days of receiving a request for examination of records or information. (p) Providers may request MCE credit be given to instructors of MCE courses subject to the following guidelines. (1) The instructors may receive credit for portions of the course which they teach. (2) The instructors may receive full course credit by attending all of the remainder of the course. (3) MCE credit may be granted only once for teaching or attending the same course during the term of the current license or during the two-year period preceding the filing of an application for late renewal or return to active status. (4) The provider must report the instructor on MCE Form 11-3, and file that form with the commission
along with other required forms for the course. The provider may not submit MCE Course Completion Card, MCE Form 7-0, for the instructor or obtain the signature of the instructor as a student on MCE Form 8-2. (q) Each provider shall establish written policies governing refunds and contingency plans in the event of course cancellation due to inclement weather, insufficient enrollment, instructor unavailability, or other reasons. 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. (r) The commission adopts by reference "Guidelines for Creating a Course Instructor's Manual for Mandatory Continuing Education Courses" approved by the commission in 1991. This document is published by and available from the commission, P.O. Box 12188, Austin, Texas 78711-2188. (s) 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 §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.
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