| (C) a copy of the table of contents and course-identifying cover sheet of the student and instructor manuals for each course; (D) a statement signed by the training program manager certifying that the program complies at all times with all requirements of subsection (f) of this section; and (E) the course test blueprint for each refresher course. (5) If a training program provider applies for accreditation of a refresher course concurrently with its application for accreditation of the corresponding training course, the department shall use the approval procedure described in subsection (c) of this section. (6) If an application for refresher training accreditation is received apart from an application for accreditation as described in subsection (c) of this section, the department shall approve or disapprove a request for refresher training accreditation within 90 days of receiving a complete application. Upon approval, a certificate of refresher training accreditation shall be sent to the applicant within 30 days. In the case of disapproval, a letter describing the reasons for disapproval shall be sent to the applicant. The department may, at its discretion, work with training program providers to address inadequacies in the application for refresher accreditation. If a training program provider's application is disapproved, the training program provider may reapply at any time after the reason for disapproval has been corrected. (g) Re-accreditation of training programs. (1) A training program provider's accreditation that was issued prior to January 1, 2005, shall expire three years after the date of issuance. A training program provider's accreditation that was issued on or after January 1, 2005, shall expire two years after the date of issuance. If a training program meets the requirements of this section, the training program provider shall be re-accredited. (2) A training program provider seeking re-accreditation shall submit an application to the department no later than 30 days before its accreditation expires. At least 60 days before the date an accreditation expires, the department, as a service to the accredited trainer, shall send a reminder notice to the accredited trainer, by first class mail to the last known address of the accredited trainer. Failure of the department to send the reminder notice creates no liability to the department and does not relieve the accredited trainer from paying the accreditation renewal fee in a timely manner. Training accreditations which have expired may be renewed under the following conditions: (A) a training program whose accreditation has been expired for 90 days or less may renew the accreditation by paying to the department a renewal fee that is equal to 1-1/2 times the normally required fee; (B) a training program whose accreditation has been expired for more than 90 days but less than one year may renew the accreditation by paying to the department a renewal fee that is equal to two times the normally required renewal fee; and (C) a training program whose accreditation has been expired for one year or more may not renew the accreditation by paying a renewal fee only. To become re-accredited the training program must comply with the current requirements placed on a new applicant. (3) The training program provider's application for re-accreditation shall contain: (A) the training program provider's name, address, and telephone number; (B) a list of courses for which it is applying for re-accreditation; (C) a description of any changes or updates to the training facility or equipment since its last application was approved; and (D) a certified statement signed by the program manager stating: (i) the training program provider will at all times comply with all requirements in subsections (d) and (f) of this section; and (ii) the recordkeeping and reporting requirements of subsection (j) of this section will be followed. (4) The department may audit the training program provider at any reasonable time to verify the contents of the application for re-accreditation as described in paragraph (3) of this subsection. (h) Suspension, deaccreditation, and modification of accredited training programs. (1) The department may, after notice and an opportunity for hearing, suspend, deaccredit, or modify a training program provider's accreditation if a training program, training manager, or other person with supervisory authority over the training program has: (A) misrepresented the contents of a training course to the department and/or the student population; (B) failed to submit required information or notifications in a timely manner; (C) failed to maintain required records; (D) falsified accreditation records, instructor qualifications, or other accreditation information; (E) failed to comply with the training standards and requirements in this section; (F) failed to comply with federal, state, or local lead-based paint statutes or regulations; (G) made false or misleading statements to the department in its application for accreditation or re-accreditation which the department relied upon in approving the application; or (H) failed to pay the annual fee. (2) In addition to an administrative or judicial finding of violation, execution of a consent agreement in settlement of an enforcement action constitutes, for purposes of this subsection, evidence of a failure to comply with relevant statutes or regulations. (i) Procedures for suspension, deaccreditation or modification of training program accreditation. (1) When the department decides to suspend, deaccredit, or modify the accreditation of a training program, it shall notify the affected entity in writing of the following: (A) the assertion of laws and facts upon which the suspension, deaccreditation, or modification is based; (B) the commencement date and duration of the suspension, deaccreditation, or modification; (C) actions, if any, which the affected entity may take to avoid suspension, deaccreditation, or modification, or to receive accreditation in the future; (D) the opportunity and method for requesting a hearing prior to final departmental action to deaccredit, suspend, or modify accreditation; and (E) any additional information, as appropriate, which the department may provide. (2) If a hearing is requested by the accredited training program pursuant to subsection (h)(1) of this section, the person charged shall be given the opportunity for a hearing conducted in accordance with the department's Fair Hearing Procedures found at 25 TAC, §§1.51 - 1.55. (j) Training program recordkeeping requirements. (1) Accredited training program providers shall maintain and make available to the department, upon request, the following records: (A) all documents specified in subsection (d)(4) of this section that demonstrate the qualifications listed in subsection (d)(1) - (3) of this section of the training manager and principal instructors; (B) current curriculum/course materials and documents reflecting any changes made to these materials; (C) the course test blueprint; (D) information on how the hands-on assessment is conducted including, but not limited to, who conducts the assessment, how the skills are graded, what facilities are used, types of equipment used, and the pass/fail rate; (E) the quality control plan as described in subsection (d)(9) of this section; (F) results of each student's hands-on skills assessments and course tests, and a record of each student's course completion certificate and test passage date; and (G) any other material not listed in subparagraphs (A) - (F) of this paragraph that was submitted to the department as part of the program's application for accreditation. (2) The training program shall retain the records required by paragraph (1) of this subsection at the location (i.e., address) specified on the training program accreditation application (or as modified in accordance with paragraph (3) of this subsection) for a minimum of three years and six months. (3) The training program shall notify the department in writing within 30 days of relocating its business or transferring the records. |
