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RULE §19.1005Provider Registration, Instructor, and Speaker Criteria

(a) A provider applicant seeking initial registration or renewal registration from the department as a continuing education provider, adjuster prelicensing education provider, or certification course provider shall submit to the department or its designee, an application on forms provided by the department and all applicable fees as set forth in §19.1012 of this title (relating to Forms and Fees). The department may require the following items in order to approve or disapprove a provider's registration request:

  (1) The name, physical address, and mailing address of the provider applicant;

  (2) The name of the provider applicant's designated authorized provider representative;

  (3) A description of the provider's student record system including a description of the methods for documenting attendance;

  (4) The method used by the provider for evaluating instructors;

  (5) If the provider applicant is a corporation, partnership, limited liability company, or other legal entity not otherwise licensed or regulated by the department, the provider applicant must furnish:

    (A) the name of its state of incorporation, domicile, or residence; and

    (B) if required to pay franchise taxes, a certificate of good standing from the Texas Comptroller of Public Accounts;

  (6) All names used by the provider applicant to provide insurance related education courses in this state;

  (7) A statement as to whether or not the provider applicant has had any certification or approval for a professional continuing education course, prelicensing education course, or a certification course revoked, suspended, or placed on probation, whether by agreement or as ordered in an administrative or judicial proceeding, by a court, financial or insurance regulator, or other agency of this state, another state, or the United States;

  (8) A statement certifying that the provider shall comply with all provider and course requirements set forth in this subchapter; and

  (9) Other information as specified by the department.

(b) Providers shall have a single registration and may, but are not required to, certify and offer continuing education courses, adjuster prelicensing education courses, and certification courses.

(c) Providers shall certify that course instructors are experienced and qualified in the subject to be taught, and certify that the instructors meet at least one of the following instructor criteria:

  (1) has been in the practice of teaching insurance courses for at least the last three years and has the knowledge and experience in the subject the instructor will teach;

  (2) has been properly licensed as a licensee subject to continuing education under the Insurance Code or similar statutes of another state or jurisdiction for at least five years;

  (3) is the holder of a national designation certification recognized by the department which relates directly to the subject the instructor shall teach; or

  (4) has been engaged in a recognized profession that is pertinent to the subject areas to be taught, including, but not limited to: licensed or certified medical professionals, Certified Public Accountants, and members of a state bar.

(d) Providers shall maintain as a part of the providers' records a written statement from each instructor certifying that the instructor is qualified as an instructor, the basis of qualification, and that the instructor shall comply with all course requirements as outlined in these sections.

(e) All provider registrations are valid for two years at which time the registration shall expire. Providers shall timely renew their registrations whether or not a notice of expiration is sent by the department. The provider may submit a registration renewal application up to 90 days in advance of the expiration date. Providers that are already registered upon the effective date of these sections shall provide the required registration information at the request of the department.

(f) Providers may use speakers only in conjunction with one-time-event continuing education courses. Providers may not use speakers in conjunction with other continuing education courses, adjuster prelicensing courses, or certification courses unless the speaker qualifies as an instructor.

(g) Providers shall maintain all information described or required under this section for a period of not less than four years.

Source Note: The provisions of this §19.1005 adopted to be effective January 10, 1997, 22 TexReg 49; amended to be effective January 6, 2003, 28 TexReg 75; amended to be effective August 5, 2008, 33 TexReg 6138; amended to be effective February 21, 2010, 35 TexReg 1271

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