| (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. |
| Source Note: The provisions of this §295.204 adopted to be effective February 19, 1996, 21 TexReg 968; amended to be effective May 10, 1998, 23 TexReg 4280; amended to be effective March 23, 2003, 28 TexReg 2347; amended to be effective January 1, 2005, 29 TexReg 11987 |
