| (D) the physical location (address and room number
or name of the conference room) where the training will be held, including
all off-site field trip locations;
(E) the start and end dates for the training course;
and
(F) the start and end times for each day of training.
(2) Amendments.
(A) Notified courses must be amended by notifying DSHS
by email or fax at least two working days before the start date of
the course of the following course changes:
(i) instructor, unless an alternate approved instructor
that meets the qualifications to teach the course is provided with
the course notification as required in paragraph (1)(A) of this subsection;
(ii) location;
(iii) time;
(iv) date; and
(v) language of the asbestos abatement worker course.
(B) Amendments are not accepted for changes in course
discipline.
(C) Notified courses must not be amended fewer than
two working days before the start date of the course and must be cancelled
if not timely amended as soon as possible, but no later than two hours
after the scheduled start time.
(3) Emergency notifications. A training provider may
request emergency approval of a course if unforeseen circumstances
prevent the asbestos training provider from meeting the 10-working-day
notification requirement. The emergency notification must be submitted
to DSHS by email or fax and must include a justification of why the
10-working-day notification requirement could not be met and must
contain the information required in subsection (c)(1)(A) - (F) of
this section. The emergency notification must be submitted at least
three working days before the start date of the course. The training
provider must receive written approval from DSHS before conducting
the course.
(4) Cancellation notifications. A training provider
must notify DSHS of a course cancellation by email or fax as soon
as possible, but no later than two hours after the scheduled start
time of the course.
(d) Initial and renewal license requirements. To receive
or renew a license as required in this section, an applicant must
submit a completed application, as required in §296.42 of this
chapter (relating to Initial and Renewal Applications) and the documentation
required in this section. An out-of-state applicant must comply with §296.44
of this chapter (relating to Out-of-State Applicants).
(1) Initial requirements. An applicant for an initial
license must submit the following:
(A) in relation to the applicant's franchise tax account
status, whichever applies:
(i) a certificate of account status from the Texas
Comptroller of Public Accounts regarding the applicant's franchise
tax account status, if the applicant is a taxable entity, as defined
in Texas Tax Code §171.0002; or
(ii) documentation that the applicant is not a taxable
entity or is otherwise not subject to or exempt from franchise tax;
and
(iii) any verification relating to clause (i) or (ii)
of this subparagraph that is requested by DSHS;
(B) a copy of the applicant's assumed name certificate,
with proof of required filing, if the applicant transacts business
or renders professional services under an assumed name (commonly referred
to as a DBA or "doing business as");
(C) if the applicant is an entity, as defined in Texas
Business Organizations Code §1.002:
(i) documentation issued by the Secretary of State
that verifies:
(I) a domestic entity's existence; or
(II) a foreign entity's registration and authorization
to conduct business in Texas; or
(ii) if the applicant is a foreign entity to which §296.44(d)
of this chapter applies, the applicant must submit a sworn affidavit
that meets the requirements of that subsection;
(D) if the applicant is a nonfiling entity or a foreign
nonfiling entity, as those terms are defined in Texas Business Organizations
Code §1.002, documentation of that status on the application
and any verification of that status that is requested by DSHS;
(E) a taxpayer identification number;
(F) the applicant's Texas sales tax permit number from
the Texas Comptroller of Public Accounts, if applicable;
(G) the name and mailing address of each principal
owner;
(H) a list of each course to be offered that includes
the name of each asbestos instructor that will teach each course;
(I) the name of any guest speaker and the speaker's
topics along with the completed asbestos guest speaker approval application
form, as required in subsection (g) of this section;
(J) the name of the appointed responsible person;
(K) a description of any equipment and accessories
that will be used for course instruction, such as hands-on items,
audiovisual aids, and brochures;
(L) the applicant's refund and cancellation policies
and if the applicant will provide the Asbestos Abatement Worker course
in a language other than English, the refund and cancellation policies
must be submitted in each language that the course will be offered;
(M) a detailed course outline for each day that includes
start and end times for each topic covered, scheduled break times,
and specific hands-on training activities for each course;
(N) student training manuals, instructor notebooks,
handouts, and related course materials, including all required elements
listed in §296.73 of this chapter for each initial and refresher
training course to be offered; and
(i) if the applicant will provide the Asbestos Abatement
Worker course in a language other than English, the training manuals
and all related course materials must be submitted in each language
in which the course will be offered; and
(ii) if the applicant will use an EPA-developed manual,
the applicant may submit a statement attesting to its use in place
of submitting the manual;
(O) the applicant's policy regarding the administration
of the multiple-choice examination to be given at the conclusion of
training, in accordance with §296.73 of this chapter, which at
minimum, must state the following:
(i) each trainee must obtain a passing score of at
least 70% on the multiple-choice examination before receiving a training
certificate;
(ii) one multiple-choice re-examination is allowed
per trainee for each course;
(iii) questions from the original examination that
are randomly reordered or questions randomized from course to course
may be used for the re-examination;
(iv) if a trainee fails the re-examination, the trainee
must repeat the course and pass a new examination before issuance
of the training certificate; and
(v) a trainee must read the examination and mark the
answers on a score sheet unless the trainee requests a reasonable
testing accommodation under the Americans with Disabilities Act of
1990, 42 USC 12101 et seq. and is a qualified individual with a disability;
(P) a copy of each examination and re-examination that
will be administered at the end of each course and if the applicant
will provide the Asbestos Abatement Worker course in a language other
than English, examinations must be submitted in each language that
the course is offered;
(Q) a sample of the training certificate that will
be issued to each trainee who completes the course and passes the
final course examination, including:
(i) a unique certificate number;
(ii) the asbestos training provider's name, a field
for the asbestos training provider's license number, phone number,
and address;
(iii) the printed name of the accredited person;
(iv) the discipline (name) of the training course completed;
(v) the printed name and signature of the asbestos
instructor;
(vi) the start and end dates of the training course;
(vii) the expiration date of one year after the date
upon which the person successfully completed the training course;
(viii) the printed name and signature of the responsible
person, principal officer, owner, or chief executive officer of the
asbestos training provider; and
(ix) a statement, as applicable, that the trainee:
(I) "has successfully completed the requisite training
for asbestos accreditation under Title II of the Toxic Substances
Control Act, 15 USC, Chapter 53, Subchapter II that meets the requirements
of the Texas Asbestos Health Protection rules" (applicable to a MAP
training course for which accreditation is issued); or
Cont'd... |
