| (a) Compliance. An Offender Education Program/Provider
is responsible for all aspects of Program compliance with this chapter,
including any noncompliance related to the conduct of a Program Instructor,
Administrator, owner, or other personnel.
(b) Program Administrator.
(1) Each Offender Education Program/Provider must designate
an Administrator who must ensure the Program's/Provider's compliance
with the administrative requirements of this section and the proper
operation of the Program in compliance with all requirements of this
chapter.
(2) Nothing in this subsection shall limit the concurrent
responsibility of an Administrator or Instructor for that individual's
own conduct.
(3) An Administrator must be in good standing as a
certified Instructor for the applicable program and must meet all
of the requirements of program Instructors.
(4) An Offender Education Program that does not have
a currently certified Administrator on record with the department
will not be authorized to offer the applicable Offender Education
course until the Offender Education Program designates a new, currently
certified Administrator and provides written notice to the department
of the designation.
(c) Course Fees and Schedules.
(1) An Offender Education Program/Provider must set
definite and reasonable course fees. Course fees may not be assessed
on a class-by-class basis.
(2) An Offender Education Program must maintain, and
make available upon request, written course schedules that include
the dates, times, and locations where courses will be held, and the
fees charged by the Program.
(3) An Offender Education Program must schedule at
least one course each quarter.
(d) Program Records and Audits.
(1) An Offender Education Program/Provider, and its
Administrator and Instructors, must maintain, for at least three years,
documentation necessary to demonstrate compliance with all applicable
requirements of this chapter. This requirement applies to records
and documentation created on or after the effective date of this subsection.
(2) Upon request, the Program/Provider, its Administrator,
and Instructors must make available or provide to the department at
any reasonable time, any of its documents or records, including all
records of any Instructor or Administrator, unless otherwise prohibited
by law.
(e) Change in Program Information. An Offender Education
Program/Provider must notify the department in writing within 30 days
of any change in the Provider's headquarters or branch site address(es),
telephone number, e-mail address, website address, or change in the
Administrator or Instructor(s).
(f) Providing Information to Course Participants. The
Offender Education Program/Provider must provide to each course participant:
(1) the Program/Provider certification number;
(2) the Instructor certification number; and
(3) information regarding how to file a complaint with
the department.
(g) Referrals.
(1) If an Offender Education Program or Instructor
is in a position to or does provide Offender Education referral information
to an individual who is required to attend an Offender Education course,
the Offender Education Program or Instructor providing the referral
information:
(A) must provide the department's phone number and
web address;
(B) must advise the individual concerning the individual's
choice to attend any Offender Education Program certified by the department;
and
(C) may not require or otherwise attempt to influence
an individual to choose a particular Offender Education Program.
(2) This subsection does not prevent a Program or Instructor
from providing information specific to the Program or to the Instructor's
own Program or course when a prospective participant is specifically
requesting information about that particular Program or the Instructor's
own Program or course.
(h) Complaint Procedures and Notice.
(1) An Offender Education Program/Provider must establish
procedures to resolve participant complaints.
(2) An Offender Education Program/Provider, Administrator,
and course Instructor must provide participants with a notice or documentation
that contains the name, current mailing address, current telephone
number, and website address of the department and a statement that
any complaints against the Program or any of its personnel may be
directed to the department.
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