(1) Course
approval requirements.
(a) Any person or
entity seeking to conduct an approved course for qualifying or continuing
education credits shall make application and submit to the commissioner any
documents, statements and forms as the commissioner may require. The complete
application shall be submitted to the commissioner no later than thirty (30)
days prior to the scheduled date of the course. At a minimum, a person or
entity seeking approval to conduct a course for qualifying or continuing
education shall provide:
1. Name and address
of the provider;
2. Contact person
and his or her address, telephone number, fax number and email
address;
3. Name of course as it
will appear on course certificates;
4. The location of the courses or
programs;
5. The number and type of
education credit, qualifying or continuing, hours requested for each
course;
6. A timed outline which
lists the summarized topics covered in each course and upon request a copy of
any course materials;
7. If a prior
approved course has substantially changed, a summary of the changes;
and
8. The names and qualifications
of each instructor who is qualified in accordance with paragraph (2) of this
rule.
(b) Acceptable
topics include, but are not limited to:
1.
Observing and identifying defects in structural components, foundations, roof
coverings;
2. Insulation and
ventilation;
3. Exterior and
interior components;
4. Plumbing,
heating, cooling and electrical systems;
5. Applicable state laws and rules;
6. Home Inspection business
management;
7. Home Inspector
Ethics;
8. Tennessee Standards of
Home Inspector Practice;
9. Home
Inspection Report Writing.
(c) "Course hour" is defined as fifty (50)
minutes of teaching out of each sixty (60) minute segment.
(d) In addition to accepting courses approved
as described in this rule, qualifying and continuing education credits may be
granted on an individual basis to an applicant or licensee if the applicant or
licensee provides documentation acceptable to the commissioner that shows that
the courses meet applicable requirements for the category of credit applied
for, including proof that the applicant or licensee attended and successfully
completed the course. To be considered for credit, the prescribed form must be
received along with a fee of twenty-five dollars ($25.00) per course.
(e) The commissioner may withhold or withdraw
approval of any provider for violation of or failure to comply with any
provision of this rule. Such withholding or withdrawal does not constitute a
contested case proceeding pursuant to the Uniform Administrative Procedures Act
compiled at T.C.A. Title 4, Chapter 5.
(f) No person or entity sponsoring or
conducting a course shall advertise that it is endorsed, recommended, or
accredited by the commissioner. Such person or entity may indicate that the
commissioner has approved a course of study if that course of study has been
pre-approved by the commissioner before it is advertised or held.
(g) Within five (5) working days after the
completion of each course, the provider shall submit to the commissioner a list
of all attendees, including, if applicable, the attendees' license numbers, who
completed the course on the course completion form approved by the
commissioner. If the course is for continuing education, each licensee
successfully completing the course shall be furnished a certificate certifying
completion.
(h) Providers shall
maintain course records for at least five (5) years. The commissioner may at
any time examine such records to ensure compliance with this rule.
(i) Approval of any course(s) may be
withdrawn by the Commissioner if:
(i) The
conduct of a provider, an instructor, or any other school representative in
either the establishment or conduct of a course violates, or fails to meet the
requirements of, the provisions of this chapter of other applicable
law;
(ii) The course content is
based on excluded conduct of a home inspector as identified
in0780-05-12-.10.
(j) The
required fee from a course provider for approval of courses for qualifying or
continuing education shall be fifty dollars ($50.00) for each course. The
application fee is non-refundable.
(k) If granted, course approval shall be
valid for a period of two (2) years from the date of approval.
(I) The provider of an approved course who
wishes to renew such approval shall submit an application, on a form approved
by the Commission, along with a renewal fee of fifty dollars ($50.00) for each
course, within thirty (30) days prior to the approval's expiration.
(m) If a provider fails to renew course
approval within thirty (30) days of the approval's expiration date, the
provider may, upon payment of a twenty-five dollar ($25.00) penalty, apply for
a late renewal. No late renewals or course approval will be granted if over
three (3) months have passed since expiration.
(n) State universities, colleges and junior
colleges which provide courses for qualifying or continuing education shall be
exempt from the fee.
(2)
Instructor qualifications and requirements. A person seeking approval as an
instructor shall submit an application on a form approved by the commissioner.
If granted, the approval as an instructor shall be valid for a period of two
(2) years from the date of the approval.
(a)
An instructor shall have one of the following qualifications:
1. Three (3) years of recent experience in
the subject matter being taught; or
2. A minimum of an associate's degree in the
subject area being taught; or
3.
Two (2) years of recent experience in the subject area being taught and twelve
(12) hours of college credit and/or vocational technical school technical
credit hours in the subject being taught.
4. Other educational, teaching or
professional qualifications determined by the commissioner which constitute an
equivalent to (1) or more of the qualifications in parts (2)(a)1.,2., and 3. of
this rule.
(b) In order
to maintain approved status, an instructor shall furnish evidence on a form
approved by the commissioner that the instructor has taught a
commissioner-approved course, or any other course for qualifying or continuing
education credit that the commissioner determines to be equivalent, within the
preceding two (2) year period. Any instructor who does not meet their
requirements of this subparagraph (2)(b) shall be required to submit a new
application in accordance with subparagraph (2)(a) above.
(3) In order to renew a license, and in
addition to any other renewal requirements, the licensee shall submit to the
commissioner a log, on a form provided by the commissioner, showing the type(s)
of continuing education activity claimed, provider, iocation, duration,
instructor's or speaker's name, description of the activity and continuing
education units earned, aiong with the compietion certificate(s) furnished by
the provider. A licensee shall submit the log and the completion certificate(s)
to the commissioner no earlier than one hundred twenty (120) days nor later
than thirty (30) days prior to the expiration date of the license.
(4) If a licensee who is not a resident of
Tennessee satisfies a continuing education requirement for renewal of a license
as a home inspector in the licensee's resident state, the licensee will be
deemed to have met the continuing education requirement for Tennessee;
provided, the continuing education requirements in the licensee's resident
state are at least equivalent to the continuing education requirements in
Tennessee. In order for the licensee to be deemed to have met the requirement,
the licensee must file with the license renewal a certificate from the
licensee's resident state certifying that the licensee has completed the
continuing education requirement for licensure in that state. The certificate
from the licensee's resident state verifying compliance with continuing
education in the resident state must be received by the commissioner no earlier
than one hundred twenty (120) days nor later than thirty (30) days prior to the
expiration date of the license.
