(a) Scope:
(1) A training program may seek accreditation
to offer lead-based paint activities courses in any of the following
disciplines: inspector, risk assessor, supervisor, project designer, and
abatement worker. A training program may also seek accreditation to offer
refresher courses for each of the above listed disciplines.
(2) A training program shall not provide,
offer, or claim to provide department-accredited lead-based paint activities
courses without applying for and receiving accreditation from the department as
required under subsection (b).
(3)
Accredited training programs, training program managers, and principal
instructors shall comply with all of the requirements of this section including
approved terms of the application and all of the requirements and limitations
specified in any accreditation documents issued to training programs.
(b) Application process: The
following are procedures a training program shall follow to receive
departmental accreditation to offer lead-based paint activities courses:
(1) A training program seeking accreditation
shall submit a written application to the department containing the following
information:
(A) The training program's name,
address, and telephone number.
(B)
A list of courses for which it is applying for accreditation. For the purposes
of this section, courses taught in different languages and electronic learning
courses are considered different courses, and each shall independently meet the
accreditation requirements.
(C) The
name and documentation of the qualifications of the training program
manager.
(D) The name and
documentation of qualifications of any principal instructor.
(E) A statement signed by the training
program manager certifying that the training program meets the requirements
established in subsection (c). If a training program uses EPA-recommended model
training materials, or training materials approved by a state or Indian Tribe
that has been authorized by the EPA, the training program manager shall include
a statement certifying that, as well.
(F) If a training program does not use
EPA-recommended model training materials, its application for accreditation
shall also include:
(i) A copy of the student
and instructor manuals, or other materials to be used for each
course;
(ii) a copy of the course
agenda For each course; and
(iii)
When applying for accreditation of a course in a language other than English, a
signed statement from a qualified, independent translator that they had
compared the course to the English language version and found the translation
to be accurate.
(G) All
training programs shall include in their application for accreditation the
following:
(i) A description of the facilities
and equipment to be used for lecture and hands-on training;
(ii) A copy of the course test blueprint for
each course;
(iii) A description of
the activities and procedures that will be used for conducting the assessment
of hands-on skills for each course; and
(iv) A copy of the quality control plan as
described in subsection (c) (9).
(2) If a training program meets the
requirements in subsection (c), then the department shall approve the
application for accreditation no more than sixty days after receiving a
complete application from the training program. In the case of approval, a
certificate of accreditation shall be sent to the applicant. In the case of
disapproval, a letter describing the reasons for disapproval shall be sent to
the applicant. Prior to disapproval, the department may, at its discretion,
work with the applicant to address inadequacies in the application for
accreditation. The department may also request additional materials retained by
the training program under subsection (i). If a training program's application
is disapproved, the program may reapply for accreditation at any
time.
(3) A training program may
apply for accreditation to offer courses or refresher courses in as many
disciplines as it chooses. A training program may seek accreditation for
additional courses at any time as long as the program can demonstrate that it
meets the requirements of this section.
(4) A training program applying for
accreditation shall submit the appropriate fees in accordance with section
11-41-10.
(c) Requirements for the accreditation of
training programs. For a training program to obtain accreditation from the
department to offer lead-based paint activities courses, the program shall meet
the following requirements:
(1) The training
program shall employ a training manager who has:
(A) At least two years of experience,
education, or training in teaching workers or adults; or
(B) A bachelor's or graduate degree in
building construction technology, engineering, industrial hygiene, safety,
public health, education, business administration or program management or a
related field; or
(C) Two years of
experience in managing a training program specializing in environmental
hazards; and
(D) Demonstrated
experience, education or training in the construction industry including: lead
or asbestos abatement, painting, carpentry, renovation, remodeling,
occupational safety and health, or industrial hygiene.
(2) The training manager shall designate a
qualified principal instructor for each course who has:
(A) Demonstrated experience, education, or
training in teaching workers or adults; and
(B) Successfully completed at least sixteen
hours of any EPA or department-accredited, or EPA-authorized state or Indian
Tribal-accredited, lead-specific training; and
(C) Demonstrated experience, education, or
training in lead or asbestos abatement, painting, carpentry, renovation,
remodeling, occupational safety and health, or industrial hygiene.
(3) The principal instructor shall
be responsible for the organization of the course, course delivery, and
oversight of the teaching of all course material. The training manager may
designate guest instructors as needed for a portion of the course to provide
instruction specific to the lecture, hands-on activities, or work practice
components of a course. However, the principal instructor is primarily
responsible for teaching the course materials and shall be present to provide
instruction (or oversight of portions of the course taught by guest
instructors) for the course for which she or he has been designated the
principal instructor.
(4) The
following documents shall be recognized by the department as evidence that
training managers and principal instructors have the education, work
experience, training requirements, or demonstrated experience, specifically
listed in paragraphs (1) and (2). This documentation shall be submitted with
the accreditation application and retained by the training program as required
by the record keeping requirements contained in subsection (i). Those documents
include the following:
(A) Official academic
transcripts or diplomas as evidence of meeting the education
requirements;
(B) Resumes, letters
of reference, or documentation of work experience as evidence of meeting the
work experience requirements; and
(C) Certificates from train-the-trainer
courses and lead-specific training courses as evidence of meeting the training
requirements.
(5) The
training program shall ensure the availability of, and provide adequate
facilities for, the delivery of the lecture, course test, hands-on training,
and assessment activities. This includes providing training equipment that
reflects current work practices and maintaining or updating the equipment and
facilities as needed.
(6) To become
accredited in the following disciplines, the training program shall provide
training courses that meet the following training requirements:
(A) The inspector course shall last a minimum
of twenty-four training hours, with a minimum of eight hours devoted to
hands-on training activities. The minimum curriculum requirements for the
inspector course are contained in subsection (d) (1).
(B) The risk assessor course shall last a
minimum of sixteen training hours, with a minimum of four hours devoted to
hands-on training activities. The minimum curriculum requirements for the risk
assessor course are contained in subsection (d) (2).
(C) The supervisor course shall last a
minimum of thirty-two training hours, with a minimum of eight hours devoted to
hands-on activities. The minimum curriculum requirements for the supervisor
course are contained in subsection (d) (3).
(D) The project designer course shall last a
minimum of eight training hours. The minimum curriculum requirements for the
project designer course are contained in subsection (d) (4).
(E) The abatement worker course- shall last a
minimum of sixteen training hours, with a minimum of eight hours devoted to
hands-on training activities. The minimum curriculum requirements for the
abatement worker course are contained in subsection (d) (5).
(F) Electronic learning and other alternative
course delivery methods are permitted for the classroom portion of courses but
not the hands-on portion of courses or for final course tests described in
paragraph (7). Electronic learning courses shall comply with the following
requirements:
(i) A unique identifier shall be
assigned to each student for them to use to launch and re-launch the
course.
(ii) The training provider
shall track each student's course logins, launches, progress, and completion,
and maintain these records in accordance with paragraph (i) of this
section.
(iii) The course shall
include periodic knowledge checks equivalent to the number and content of the
knowledge checks contained in EPA's model course, but at least sixteen over the
entire course. The knowledge checks shall be successfully completed before the
student can go on to the next module.
(iv) There shall be a test of at least twenty
questions at the end of the electronic learning portion of the course, of which
eighty per cent shall be answered correctly by the student for successful
completion of the electronic learning portion of the course. The test shall be
designed so that students do not receive feedback on their test answers until
after they have completed and submitted the test.
(v) Each student shall be able to save or
print a copy of an electronic learning course completion certificate. The
electronic certificate shall not be susceptible to easy editing.
(7) For each course
offered, the training program shall conduct a course test at the completion of
the course, and if applicable, a hands-on skills assessment for that
discipline. Each individual shall successfully complete the hands-on skills
assessment and receive a passing score of at least seventy per cent correct on
the course test to pass any course.
(A) The
training manager is responsible for maintaining the validity and integrity of
the hands-on skills assessment to ensure that it accurately evaluates the
trainees' performance of the work practices and procedures associated with the
course topics contained in subsection (d).
(B) The training manager is responsible for
maintaining the validity and integrity of the course test to ensure that it
accurately evaluates the trainees' knowledge and retention of the course
topics.
(C) The course test shall:
(i) Be developed in accordance with the test
blueprint submitted with the training accreditation application;
(ii) Adequately cover the topics included in
the training course for that discipline;
(iii) Be a closed book examination
administered by the training provider in written, multiple-choice format;
and
(iv) Consist of at least the
minimum number of questions indicated in subparagraph (D).
(D) The minimum number of multiple-choice
questions for the course tests in each discipline shall be:
(i) Abatement workers: fifty.
(ii) Supervisors: one hundred.
(iii) Inspectors: one hundred.
(iv) Risk assessors: one hundred.
(v) Project designers: fifty.
(E) A person who fails to receive
a passing score of at least seventy per cent on a course test may take no more
than two additional course tests without retaking the course.
(8) The training program shall
issue unique course completion certificates to each individual who passes the
training course. The course completion certificate shall include:
(A) The name, a unique identification number,
and address of the individual;
(B)
The name of the particular course that the individual completed;
(C) The dates of course completion and test
passage;
(D) The name, address, and
telephone number of the training program; and
(E) The language in which the course was
taught.
(9) The training
manager shall develop and implement a quality control plan. The plan shall be
used to maintain and improve the quality of the training program over time.
This plan shall contain at least the following
elements:
(A) Procedures for periodic
revision of training materials and the course test to reflect innovations in
the field.
(B) Procedures for the
training manager's annual review of principal instructor competency.
(10) Courses offered by the
training program shall teach the work practice standards contained in section
11-41-6 and other standards
developed by EPA, as applicable, in such a manner that trainees are provided
with the knowledge needed to perform the lead-based paint activities they will
be responsible for conducting.
(11)
The training manager shall be responsible for ensuring that the training
program complies at all times with all of the requirements in this
section.
(12) The training manager
shall allow the department to audit the training program to verify the contents
of the application for accreditation as described in subsection (b).
(13) The training manager shall provide
notification of lead-based paint activities courses offered.
(A) The training manager shall provide the
department with notification of all lead-based paint activities courses
offered. The original notification shall be received by the department at least
seven business days prior to the start date of any lead-based paint activities
course.
(B) The training manager
shall provide the department updated notification when lead-based paint
activities courses will begin on a date other than the start date specified in
the original notification, as follows:
(i) For
lead-based paint activities courses beginning prior to the start date provided
to the department, an updated notification shall be received by the department
at least seven business days before the new start date.
(ii) For lead-based paint activities courses
beginning after the start date provided to the department, an updated
notification shall be received by the department at least two business days
before the start date provided to the department.
(C) The training manager shall update the
department of any change in location of lead-based paint activities courses at
least seven business days prior to the start date provided to the
department.
(D) The training
manager shall update the department regarding any course cancelations, or any
other change to the original notification. Updated notifications shall be
received by the department at least two business days prior to the start date
provided to the department.
(E)
Each notification, including updates, shall include the following:
(i) Notification type (original, update,
cancelation).
(ii) Training program
name, departmental accreditation number, address, and telephone
number.
(iii) Course discipline,
type (initial or refresher), and the language in which instruction will be
given.
(iv) Date and time of
training.
(v) Training location's
telephone number and address.
(vi)
Principal instructor's name.
(vii)
Training manager's name and signature.
(F) All notifications shall be in writing.
Written notification of lead-based paint activities course schedules can be
accomplished by using either the sample form titled "Lead-Based Paint Training
Notification" or a similar form developed by the training program containing
the information required in subparagraph (E). All written notifications shall
be delivered by U.S. Postal Service, fax, commercial delivery service, or hand
delivery.
(G) Lead-based paint
activities courses shall not begin on a date or at a location other than that
specified in the original notification unless an updated notification
identifying a new start date or location is submitted, in which case the course
shall begin on the new start date and location specified in the updated
notification.
(H) No training
program shall provide leadbased paint activities courses without first
notifying the department of such activities in accordance with the requirements
of this paragraph.
(14)
The training manager shall provide notification following completion of
leadbased paint activities courses.
(A) The
training manager shall provide the department notification after the completion
of any lead-based paint activities course. This notification shall be received
by the department no later than ten business days following course
completion.
(B) The notification
shall include the following:
(i) Training
program name, departmental accreditation number, address, and telephone
number.
(ii) Course discipline and
type (initial or refresher).
(iii)
Date of training.
(iv) For each
student who took the course, the student's name, address, date of birth, course
completion certificate number, and course test score.
(v) The training manager's name and
signature.
(C) All
notifications shall be in writing. Written notification following leadbased
paint activities training courses can be accomplished by using either the
sample form titled "Lead-Based Paint Training Course Follow-up" or a similar
form developed by the training program containing the information required in
subparagraph (B). All written notifications shall be delivered by U.S. Postal
Service, fax, commercial delivery service, or hand delivery.
(d) Minimum training
curriculum requirements. A training program accredited by the department to
offer lead-based paint courses in the specific disciplines listed in this
subsection shall ensure that its courses of study include, at a minimum, the
following course topics.
(1) Inspector.
Instruction in the topics described in subparagraphs (D), (E), (F), and (G)
must be included in the hands-on portion of the course.
(A) Role and responsibilities of an
inspector.
(B) Background
information on lead and its adverse health effects.
(C) Background information on federal, state,
and local regulations and guidance that pertains to lead-based paint and
lead-based paint activities.
(D)
Lead-based paint inspection methods, including selection of rooms and
components for sampling or testing.
(E) Paint, dust, and soil sampling
methodologies.
(F) Clearance
standards and testing, including random sampling.
(G) Preparation of the final inspection
report.
(H) Record
keeping.
(2) Risk
assessor. Instruction in the topics described in subparagraphs (D), (F), and
(G) must be included in the hands-on portion of the course.
(A) Role and responsibilities of a risk
assessor.
(B) Collection of
background information to perform a risk assessment.
(C) Sources of environmental lead
contamination such as paint, surface dust and soil, water, air, packaging, and
food.
(D) Visual inspection for the
purposes of identifying potential sources of leadbased paint hazards.
(E) Lead hazard screen protocol.
(F) Sampling for other sources of lead
exposure.
(G) Interpretation of
lead-based paint and other lead sampling results, including all applicable
state or federal guidance or regulations pertaining to lead-based paint
hazards.
(H) Development of hazard
control options, the role of interim controls, and operations and maintenance
activities to reduce lead-based paint hazards.
(I) Preparation of a final risk assessment
report.
(3) Supervisor.
Instruction in the topics described in subparagraphs (E), (G), (H), (I), and
(J) must be included in the hands-on portion of the course.
(A) Role and responsibilities of a
supervisor.
(B) Background
information on lead and its adverse health effects.
(C) Background information on federal, state,
and local regulations and guidance that pertain to lead-based paint
abatement.
(D) Liability and
insurance issues relating to lead-based paint abatement.
(E) Risk assessment and inspection report
interpretation.
(F) Development and
implementation of an occupant protection plan and abatement report.
(G) Lead-based paint hazard recognition and
control.
(H) Lead-based paint
abatement and leadbased paint hazard reduction methods, including restricted
practices.
(I) Interior dust
abatement and cleanup or lead-based paint hazard control and reduction
methods.
(J) Soil and exterior dust
abatement or lead-based paint hazard control and reduction methods.
(K) Clearance standards and
testing.
(L) Cleanup and waste
disposal.
(M) Record
keeping.
(4) Project
designer.
(A) Role and responsibilities of a
project designer.
(B) Development
and implementation of an occupant protection plan for large-scale abatement
projects.
(C) Lead-based paint
abatement and leadbased paint hazard reduction methods, including restricted
practices for large-scale abatement projects.
(D) Interior dust abatement and cleanup or
lead hazard control and reduction methods for large-scale abatement
projects.
(E) Clearance standards
and testing for large-scale abatement projects.
(F) Integration of lead-based paint abatement
methods with modernization and rehabilitation projects for large-scale
abatement projects.
(5)
Abatement worker. Instruction in the topics described in subparagraphs (D),
(E), (F), and (G) must be included in the hands-on portion of the course.
(A) Role and responsibilities of an abatement
worker.
(B) Background information
on lead and its adverse health effects.
(C) Background information on federal, state,
and local regulations and guidance that pertain to lead-based paint
abatement.
(D) Lead-based paint
hazard recognition and control.
(E)
Lead-based paint abatement and leadbased paint hazard reduction methods,
including restricted practices.
(F)
Interior dust abatement methods and cleanup or lead-based paint hazard
reduction.
(G) Soil and exterior
dust abatement methods or lead-based paint hazard reduction.
(e) Requirements for the
accreditation of refresher training programs. A training program may seek
accreditation to offer refresher training courses in any of the following
disciplines: inspector, risk assessor, supervisor, project designer, and
abatement worker. To obtain departmental accreditation to offer refresher
training, a training program shall meet the following minimum requirements:
(1) Each refresher course shall review the
curriculum topics of the full-length courses listed under subsection (d) of
this section, as appropriate. In addition, to become accredited to offer
refresher training courses, training programs shall ensure that their courses
of study include, at a minimum, the following:
(A) An overview of current safety practices
relating to lead-based paint in general, as well as specific information
pertaining to the appropriate discipline.
(B) Current laws and regulations relating to
lead-based paint in general, as well as specific information pertaining to the
appropriate discipline.
(C) Current
technologies relating to leadbased paint in general, as well as specific
information pertaining to the appropriate discipline.
(2) Each refresher course, except for the
project designer course, shall last a minimum of eight training hours. The
project designer refresher course shall last a minimum of four training hours.
Refresher courses for all disciplines except project designer shall include a
hands-on component.
(3) Except for
project designer courses, for all other courses offered, the training program
shall conduct a hands-on assessment and, at the completion of the course, a
course test.
(4) A training program
may apply for accreditation of a refresher course concurrently with its
application for accreditation of the corresponding training course as described
in subsection (b). If so, the department shall use the approval procedure
described in subsection (b). In addition, the minimum requirements contained in
subsection (c) (1) to (5), (c) (6) (F), and (c) (7) to (14) and paragraphs (1)
to (3) shall also apply.
(5) A
training program seeking accreditation to offer refresher training courses only
shall submit a written application to the department containing the following
information:
(A) The refresher training
program's name, address, and telephone number.
(B) A list of courses for which it is
applying for accreditation. For the purposes of this section, courses taught in
different languages and electronic learning courses are considered different
courses, and each shall independently meet the accreditation
requirements.
(C) The name and
documentation of the qualifications of the training program manager.
(D) The name and documentation of the
qualifications of the principal instructor.
(E) A statement signed by the training
program manager certifying that the refresher training program meets the
minimum requirements established in subsection (c), except for the requirements
in subsection (c) (6) (A) to (E). If a training program uses EPA-developed
model training materials, or training materials approved by a state or Indian
Tribe that has been authorized by EPA to develop its refresher training course
materials, the training manager shall include a statement certifying that, as
well.
(F) If the refresher training
course materials are not based on EPA-developed model training materials or
training materials approved by an authorized state or Indian Tribe, the
training program's application for accreditation shall include:
(i) A copy of the student and instructor
manuals to be used for each course; and
(ii) A copy of the course agenda for each
course.
(G) All refresher
training programs shall include in their application for accreditation the
following:
(i) A description of the facilities
and equipment to be used for lecture and hands-on training.
(ii) A copy of the course test blueprint for
each course.
(iii) A description of
the activities and procedures that will be used for conducting the assessment
of hands-on skills for each course (if applicable).
(iv) A copy of the quality control plan as
described in subsection (c) (9).
(H) The requirements in subsection (c) (1) to
(5), (6) (F), and (7) to (14) apply to refresher training providers.
(6) If a refresher training
program meets the requirements listed in this subsection, then the department
shall approve the application for accreditation no more than sixty days after
receiving a complete application from the refresher training program. In the
case of approval, a certificate of accreditation shall be sent to the
applicant. In the case of disapproval, a letter describing the reasons for
disapproval shall be sent to the applicant. Prior to disapproval, the
department may, at its discretion, work with the applicant to address
inadequacies in the application for accreditation. The department may also
request additional materials retained by the refresher training program under
subsection (i). If a refresher training program's application is disapproved,
the program may reapply for accreditation at any time.
(f) Re-accreditation of training programs.
(1) Unless re-accredited, a training
program's accreditation (including refresher training accreditation) shall
expire four years after the date of issuance. If a training program meets the
requirements of this section, the training program shall be
re-accredited.
(2) A training
program seeking re-accreditation shall submit an application to the department
no later than sixty days before its accreditation expires. If a training
program does not submit its application for re-accreditation by that date, the
department cannot guarantee that the program will be re-accredited before the
end of the accreditation period.
(3) The training program's application for
re-accreditation shall contain:
(A) The
training program's name, address, and telephone number.
(B) A list of courses for which it is
applying for re-accreditation. For the purposes of this section, courses taught
in different languages and electronic learning courses are considered different
courses, and each shall independently meet the accreditation
requirements.
(C) The name and
qualifications of the training program manager.
(D) The name and qualifications of the
principal instructor.
(E) A
description of any changes to the training facility, equipment, or course
materials since its last application was approved that adversely affects the
students' ability to learn.
(F) A
statement signed by the program manager stating that:
(i) The training program complies at all
times with all requirements in subsections (c) and (e), as applicable;
and
(ii) The record keeping and
reporting requirements of subsection (i) shall be followed.
(G) A payment of appropriate fees
in accordance with section
11-41-10.
(4) Upon request, the training program shall
allow the department to audit the training program to verify the contents of
the application for re-accreditation as described in paragraph 3.
(g) Suspension, revocation, and
modification of accredited training programs.
(1) The department may, after notice and an
opportunity for hearing, suspend, revoke, or modify training program
accreditation, including refresher training accreditation, if a training
program, training manager, or other person with supervisory authority over the
training program has:
(A) Misrepresented the
contents of a training course to the department or the student population, or
both.
(B) Failed to submit required
information or notifications in a timely manner.
(C) Failed to maintain required
records.
(D) Falsified
accreditation records, instructor qualifications, or other
accreditation-related information or documentation.
(E) Failed to comply with the training
standards and requirements in this section.
(F) Failed to comply with federal, state, or
local lead-based paint statutes or regulations.
(G) Made false or misleading statements to
the department in its application for accreditation or re-accreditation, which
the department relied upon in approving the application.
(2) In addition to an administrative or
judicial finding of violation, execution of a consent agreement in settlement
of an enforcement action constitutes, for purposes of this section, evidence of
a failure to comply with relevant statutes or regulations.
(h) Procedures for suspension, revocation, or
modification of training program accreditation.
(1) Prior to taking action to suspend,
revoke, or modify the accreditation of a training program, the department shall
notify the affected entity in writing of the following:
(A) The legal and factual basis for the
suspension, revocation, or modification.
(B) The anticipated commencement date and
duration of the suspension, revocation, or modification.
(C) Actions, if any, which the affected
entity may take to avoid suspension, revocation, or modification, or to receive
accreditation in the future.
(D)
The opportunity and method for requesting a hearing prior to final action by
the department to suspend, revoke, or modify accreditation.
(E) Any additional information, as
appropriate, which the department may provide.
(2) If a hearing is requested by the
accredited training program, the department shall:
(A) Provide the affected entity an
opportunity to offer written statements in response to the department's
assertions of the legal and factual basis for its proposed action, and any
other explanations, comments, and arguments it deems relevant to the proposed
action.
(B) Provide the affected
entity such other procedural opportunities as the department may deem
appropriate to ensure a fair and impartial hearing.
(C) Appoint a hearings officer to conduct the
hearing.
(D) No person shall serve
as hearings officer if he or she has had any prior connection with the specific
matter.
(3) The hearings
officer appointed pursuant to paragraph (2) shall:
(A) Conduct a fair, orderly, and impartial
hearing within ninety days of the request for a hearing.
(B) Consider all relevant evidence,
explanation, comment, and argument submitted.
(C) Notify the affected entity in writing
within ninety days of completion of the hearing of his or her decision and
order. Such an order is a final agency action that may be subject to judicial
review.
(4) If the
department determines that the public health, interest, or welfare warrants
immediate action to suspend the accreditation of any training program prior to
the opportunity for a hearing, it shall:
(A)
Notify the affected entity of its intent to immediately suspend training
program accreditation for the reasons listed in subsection (g) (1). If a
suspension, revocation, or modification notice has not previously been issued
pursuant to subsection (g) (1), it shall be issued at the same time the
emergency suspension notice is issued.
(B) Notify the affected entity in writing of
the grounds for the immediate suspension and why it is necessary to suspend the
entity's accreditation before an opportunity for a suspension, revocation, or
modification hearing.
(C) Notify
the affected entity of the anticipated commencement date and duration of the
immediate suspension.
(D) Notify
the affected entity of its right to request a hearing on the immediate
suspension within fifteen days of the suspension taking place and the
procedures for the conduct of such a hearing.
(5) Any notice, decision, or order issued by
the department under this section, any transcripts or other verbatim record of
oral testimony, and any documents filed by an accredited training program in a
hearing under this section shall be available to the public, except as
otherwise provided by law. Any such hearing at which oral testimony is
presented shall be open to the public, except that the hearings officer may
exclude the public to the extent necessary to allow presentation of information
which may be entitled to confidential treatment.
(6) The public shall be notified of the
suspension, revocation, modification, or reinstatement of a training program's
accreditation through appropriate mechanisms.
(7) The department shall maintain a list of
parties whose accreditation has been suspended, revoked, modified, or
reinstated.
(i) Training
program record keeping requirements.
(1)
Accredited training programs shall maintain, and make available to the
department, upon request, the following records:
(A) All documents specified in subsection
(c)(4) that demonstrate the qualifications listed in subsection(c)(1) and (2)
of the training manager and principal instructors.
(B) Current curriculum and course materials
and documents reflecting any changes made to these materials.
(C) The course test blueprint.
(D) Information regarding how the hands-on
assessment is conducted including, but not limited to:
(i) Who conducts the assessment;
(ii) How the skills are graded;
(iii) What facilities are used; and
(iv) The pass or fail rate.
(E) The quality control plan as
described in subsection (c) (9).
(F) Results of the students' hands-on skills
assessments and course tests, and a record of each student's course completion
certificate.
(G) Any other material
not listed in subparagraphs (A) to (F) that was submitted to the department as
part of the program's application for accreditation.
(H) For course modules delivered in an
electronic format, a record of each student's logins, launches, progress, and
completion, and a copy of the electronic learning completion certificate for
each student.
(2) The
training program shall retain these records at the address specified on the
training program accreditation application (or as modified in accordance with
paragraph (3)) for a minimum of three years and six months.
(3) The training program shall notify the
department in writing within thirty days of changing the address specified on
its training program accreditation application or transferring the records from
that address.
(j)
Amendment of accreditation.
(1) A training
program shall amend its accreditation within ninety days of the date a change
occurs to information included in the program's most recent application. If the
training program fails to amend its accreditation within ninety days of the
date the change occurs, the program may not provide training until its
accreditation is amended.
(2) To
amend an accreditation, a training program shall submit a completed
"Accreditation Application for Training Providers," signed by an authorized
agent of the training provider, noting on the form that it is submitted as an
amendment and indicating the information that has changed.
(3) Training managers, principal instructors,
permanent training locations. If the amendment includes a new training program
manager, any new or additional principal instructor, or any new permanent
training location, the training provider is not permitted to provide training
under the new training manager or offer courses taught by any new principal
instructor or at the new training location until the department either approves
the amendment or thirty days have elapsed, whichever occurs earlier.