| (C) pay the one-time offering course approval fee required
by §153.5 of this title.
(2) Any course approved under this subsection is limited
to the scheduled presentation date stated on the written notice of
course approval issued by the Board.
(3) If a course approved under this subsection must
be rescheduled due to circumstances beyond the provider's control,
including severe weather or instructor illness, the Board may approve
the revised course date if the provider:
(A) submits a request for revised course date on a
form acceptable to the Board; and
(B) offers the course on the revised date in the same
manner as it was originally approved.
(g) Application for approval to offer a 7-Hour National
USPAP Update course.
(1) To obtain approval to offer a 7-Hour National USPAP
Update course, the provider must:
(A) be approved by the Board as an ACE provider;
(B) file an application on the appropriate form approved
by the Board, with all required documentation;
(C) submit written documentation to the Board demonstrating
that the course and instructor are currently approved by the AQB;
(D) pay the course approval fee required by §153.5
of this title;
(E) use the current version of the USPAP; and
(F) ensure each student has access to his or her own
electronic or paper copy of the current version of USPAP.
(2) Approved ACE providers of the 7-Hour National USPAP
Update course may include up to one additional classroom credit hour
of supplemental Texas specific information. This may include topics
such as the Act, Board rules, processes and procedures, enforcement
issues or other topics deemed appropriate by the Board.
(h) Application for ACE course approval for a presentation
by current Board members or staff. As authorized by law, current members
of the Board and Board staff may teach or guest lecture as part of
an approved ACE course. To obtain ACE course approval for a presentation
by a Board member or staff, the provider must:
(1) file an application on the appropriate form approved
by the Board, with all required documentation; and
(2) pay the fees required by §153.5 of this title.
(i) Responsibilities and Operations of ACE providers.
(1) ACE course examinations or course mechanism to
demonstrate knowledge of the subject matter:
(A) are required for ACE distance education courses;
and
(B) must comply with AQB requirements.
(2) Course evaluations. A provider shall provide each
student enrolled in an ACE course a course evaluation form approved
by the Board and a link to an online version of the evaluation form
that a student may complete and submit to the provider after course
completion.
(3) Course completion rosters.
(A) Classroom courses. Upon successful completion of
an ACE classroom course, a provider shall submit to the Board a course
completion roster in a format approved by the Board no later than
the 10th day after the date a course is completed. The roster shall
include:
(i) the provider's name and license number;
(ii) the instructor's name;
(iii) the course title;
(iv) the course approval number;
(v) the number of credit hours;
(vi) the date of issuance; and
(vii) the date the student started and completed the
course.
(B) Distance education courses. A provider shall maintain
a Distance Education Reporting Form and submit information contained
in that form by electronic means acceptable to the Board for each
student completing the course not earlier than the number of hours
for course credit after a student starts the course and not later
than the 10th day after the student completes the course.
(4) An ACE provider may withhold any official course
completion documentation required by this subsection from a student
until the student has fulfilled all financial obligations to the provider.
(5) Security and Maintenance of Records.
(A) An ACE provider shall maintain:
(i) adequate security against forgery for official
completion documentation required by this subsection;
(ii) records of each student enrolled in a course for
a minimum of four years following completion of the course, including
course and instructor evaluations and student enrollment agreements;
and
(iii) any comments made by the provider's management
relevant to instructor or course evaluations with the provider's records.
(B) All records may be maintained electronically but
must be in a common format that is legible and easily printed or viewed
without additional manipulation or special software.
(C) Upon request, an ACE provider shall produce instructor
and course evaluation forms for inspection by Board staff.
(6) Changes in Ownership or Operation of an approved
ACE provider.
(A) An approved ACE provider shall obtain approval
of the Board at least 30 days in advance of any material change in
the operation of the provider, including but not limited to changes
in:
(i) ownership;
(ii) management; and
(iii) the location of main office and any other locations
where courses are offered.
(B) An approved provider requesting approval of a change
in ownership shall provide a Principal Application Form for each proposed
new owner who would hold at least a 10% interest in the provider to
the Board.
(j) Non-compliance.
(1) If the Board determines that an ACE course or provider
no longer complies with the requirements for approval, the Board may
suspend or revoke approval for the ACE course or provider.
(2) Proceedings to suspend or revoke approval of an
ACE course or provider shall be conducted in accordance with §153.41
of this title.
|
| Source Note: The provisions of this §153.40 adopted to be effective December 16, 2018, 43 TexReg 8117; amended to be effective March 22, 2020, 45 TexReg 1854; amended to be effective September 8, 2022, 47 TexReg 5336 |
