| (1) Examination questions. Internet examinations shall
consist of a minimum of 75 statistically valid questions that are
administered at one time following any voluntary training that may
precede the examination.
(2) Examination forms. Each candidate shall receive
a unique form of the examination with regard to question sequence.
(3) Time allotment for non-proctored Internet examination
providers. Time allotted for administration of non-proctored examinations
shall not exceed 90 minutes.
(h) Internet examination administration.
(1) Registration requirements for Internet examinations.
The licensee shall register the candidates and require the candidates
to:
(A) verify their identity;
(B) provide responses to ten personal validation questions;
and
(C) maintain examination security.
(2) Licensee examination disclosure information. The
licensee shall inform the candidate that:
(A) reference materials shall not be used during the
examination;
(B) the candidate shall not receive assistance from
anyone during the examination; and
(C) examination questions shall not be replicated in
any fashion.
(3) Personal validation questions. The licensee shall
verify a candidate's identity throughout the examination. The personal
validation process shall include the following elements:
(A) a minimum of five personal validation questions
selected from the ten questions provided during registration shall
be incorporated at various times during the examination;
(B) the personal validation questions shall be randomly
generated with respect to time and order;
(C) the same personal validation questions shall not
be asked more than once during the same examination; and
(D) the examination session shall cease and the candidate
shall be automatically exited from the examination if a candidate
answers a personal validation question incorrectly.
(4) System support. The Internet examination provider
licensee shall include the following Internet examination system capabilities
and security measures:
(A) capability to browse or review previously completed
examination questions;
(B) capability to navigate logically and systematically
through the examination;
(C) technical support personnel for Internet examination
issues;
(D) security of personal candidate information in transit
and at rest;
(E) a back-up and disaster recovery system capability;
and
(F) assurance that examination data is maintained in
a secure and safe environment and readily available to the department.
(5) Reporting requirements for non-proctored Internet
examination administrators. Internet examination administrators who
administer examinations in non-proctored locations shall submit a
semi-annual report to enable the department to evaluate examination
security and system performance for each language in which the examination
is offered. The report shall include:
(A) statistical data to enable measurement of central
tendency, ranges of examination scores, standard deviation, standard
error of measurement, and examination cut score;
(B) number of examinations administered;
(C) number and percentage of candidates passing the
examination;
(D) number of personal validation questions used;
(E) number of examinations discontinued due to incorrect
responses to personal validation questions; and
(F) statistics describing the performance of each item
used on the examinations administered during the six-month period.
(i) Certified food manager certificates.
(1) General certificate issuance. Certificates shall
be issued by the department-approved examination provider. Candidates
whose certificates are issued after successful passage of a department-approved
examination shall be deemed to meet the requirements for food manager
certification.
(2) Certificate period. A certified food manager certificate
issued by a department-approved examination provider under this section
shall comply with the CFP Standards for Accreditation
of Food Protection Manager Certification Programs, §7.3,
Effective Date of Certificate.
(3) Recertification. Candidates may become recertified
by passing a department-approved examination.
(j) Department certificates.
(1) Two-year renewal certificate. Food manager certificates
issued by the department from May 6, 2004 to April 24, 2008, shall
be renewed every two years and may be renewed two times.
(2) Department certificate replacement. An individual
requesting a certified food manager certificate replacement shall
submit a completed written application to the department with the
appropriate non-refundable fee. Replacement certificates will bear
the same expiration date as the original certificate.
(k) Department certificate fees. All fees are payable
to the Department of State Health Services and are non-refundable.
Fees shall be submitted with the appropriate form that relates to
the fee category. A current license shall only be issued when all
past due fees and late fees are paid for all years of operation in
Texas. Fees shall be:
(1) Two-year renewal certificate fee. The fee for a
two-year renewal certificate shall be $10.
(2) Replacement certificate fee. A replacement certificate
fee for the department examination shall be $15.
(3) Texas.gov fee. For all applications and renewal
applications, the department is authorized to collect subscription
and convenience fees, in amounts determined by Texas.gov, to recover
costs associated with application and renewal application processing
through Texas.gov.
(l) Licensing of certified food manager licensee. The
department shall issue a license to a certified food manager licensee
meeting the requirements of this section. A license issued under these
rules shall expire two years from the date of issuance. A license
is not transferable on change of ownership, name, or examination site
location.
(1) Application. Persons wishing to apply for a certified
food manager license shall submit a completed application to the department.
(2) Security agreement. The licensee shall submit a
signed security agreement that individual examination items, examination
item banks, certified food manager certification examinations, examination
answer sheets, and candidate scores shall be secure at all times,
and during administration that the examinations shall remain secure.
(3) Certified food manager licensee fee. The completed
license application shall include the appropriate non-refundable fee
as specified in subsection (n)(1) of this section.
(4) Certification examination. Department-approved
examination(s) utilized by the certified food manager licensee shall
be designated on the application.
(5) Number of examination sites utilized. The license
application shall indicate the number of examination sites to be utilized
under the certified food manager license.
(m) Responsibilities of licensee.
(1) Compliance with food manager laws and rules. The
licensee is responsible for compliance with applicable food manager
laws and rules.
(2) Payment of fees. All fees shall be non-refundable
and paid as specified in subsection (n) of this section.
(n) Required fees. All fees are payable to the Department
of State Health Services and are non-refundable. Fees shall be submitted
with the appropriate form that relates to the fee category. A current
license shall only be issued when all past due fees and late fees
are paid for all years of operation in Texas. Fees shall be:
(1) Certified food manager licensee fee. Certified
food manager licenses shall be valid for a two-year period and fees
shall be based on the number of examination sites at which the licensee
administers the examinations based on the following scale:
(A) one site:
(i) the two-year license fee for initial, renewal,
or change of ownership shall be $400; and
(ii) a license fee for a program amendment during the
current licensure period shall be $200;
(B) two to ten sites:
(i) the two-year license fee for initial, renewal,
or change of ownership shall be $1,000; and
(ii) a license fee for a program amendment during the
current licensure period shall be $500;
(C) over ten sites:
(i) the two-year license fee for initial, renewal,
or change of ownership shall be $2,000; and
Cont'd... |
