Current through Reg. 49, No. 12; March 22, 2024
(a)
General.
(1) AFS may approve and award
training or continuing education credit for the management-level and
employee-level applicants and certificate holders specified in this section
offered by an outside instructor provided the outside instructor complies with
the requirements of this section.
(A)
Authorized Category D outside instructors may offer only the applicable
training and continuing education courses to Category D or K management-level
applicants or certificate holders and to service and installation technician
and appliance service and installation technician employee-level applicants or
certificate holders.
(B) Authorized
Category E outside instructors may offer only the applicable training and
continuing education courses to Category D or K management-level applicants and
to DOT cylinder filler, motor/mobile fuel filler, bobtail driver, service and
installation technician, and appliance service and installation technician
applicants and employee-level certificate holders.
(C) Authorized Category I outside instructors
may offer only the applicable training and continuing education courses to DOT
cylinder filler and motor/mobile fuel filler applicants and employee-level
certificate holders.
(D) Authorized
Category M outside instructors may offer only the applicable training and
continuing education courses to Category M management-level applicants and
recreational vehicle technician employee-level applicants or certificate
holders.
(2) LP-gas
companies may offer courses to their own personnel and to other companies'
personnel provided that the LP-gas company and the outside instructor comply
with the requirements of this section.
(3) All curriculum and course materials
submitted for AFS review by an outside instructor applicant shall be printed or
typewritten, organized, and easily readable, and shall remain confidential
within the limits of Tex. Gov't Code, Chapter 552 (Public Information
Act).
(4) Copies of the AFS
curricula and materials are available from AFS at a reasonable cost.
(b) Application process. Outside
instructor applicants shall submit the following to AFS:
(1) a non-refundable $300 registration fee
for each outside instructor;
(2) a
copy of the applicant's Category D, E, I, or M current certificate or, in the
case of Category D only, a copy of the master or journeyman plumber/class A or
B exemption card issued under §
RSA
9.13 of this title (relating to General
Installers and Repairman Exemption);
(3) for each course the outside instructor
applicant intends to teach:
(A) the
curriculum for and a description of the course; and
(B) the course materials and related
supporting information or a statement that the instructor will use the AFS
course materials;
(4)
proof that the outside instructor applicant has experience, during at least
three of the four years prior to the date of filing the application, in both:
(A) conducting LP-gas training or continuing
education courses; and
(B)
performing or supervising LP-gas activities; and
(5) any other information required by this
section.
(c) Curriculum
standards. The curriculum for each course that an outside instructor applicant
intends to teach shall include, where applicable, information that is at least
the equivalent of AFS' course or courses on the same topic or topics, and shall
include all applicable current LP-gas regulations for Texas. Courses not
offered by AFS may be approved if the courses are equal or greater in overall
quality to other approved courses.
(d) AFS review. AFS shall review the
application for approval as an outside instructor and, within 14 business days
of the filing of the application, shall notify the applicant in writing that
the application is approved, denied, or incomplete. If an application is
incomplete, AFS' notice of deficiency shall identify the necessary additional
information, including any deficiencies in course materials. The outside
instructor applicant shall file the necessary additional information within 30
calendar days of the date of AFS' notice of deficiency. The outside instructor
applicant's failure to file the necessary additional information within the
prescribed time period may result in the dismissal of the outside instructor's
application and the necessity of the outside instructor applicant again paying
the non-refundable $300 registration fee for each subsequent filing of an
application.
(e) Additional
requirements for approval. Outside instructor applicants whose applications are
approved in writing by AFS shall attend AFS' Train-the-Trainer Course, the fee
for which is included in the $300 registration fee. The Train-the-Trainer
Course shall include classroom instruction and the subject-matter examinations
for each course for which the applicant seeks approval to conduct. An outside
instructor applicant shall pass the subject-matter examination for each course
with a score of at least 85 percent and shall attend the subject-matter courses
for which the applicant seeks approval to conduct.
(f) Notification of approval. Within 10
business days of the outside instructor applicant's completion of the
requirements of this section, AFS shall notify the applicant in writing that
the applicant is approved as an outside instructor and the outside instructor
may then begin offering the approved courses.
(g) Term of approval. AFS approval of an
outside instructor remains valid for three years unless the Commission revokes
the approval pursuant to subsection (l) of this section.
(h) Renewal of approval. To continue offering
AFS-approved LP-gas courses, an outside instructor shall renew his or her AFS
outside instructor approval every three years by paying a nonrefundable $150
renewal fee to AFS and attending a Train-the-Trainer refresher course prior to
the outside instructor's next renewal deadline.
(i) Revision of course materials.
(1) An outside instructor who revises any
course materials previously approved by AFS shall submit the revisions in
writing, along with a nonrefundable $100 review fee to AFS.
(2) If AFS revises its course materials, it
shall provide a copy to all outside instructors authorized to conduct the
course covered by the revised materials. Outside instructors using their own
materials shall update their materials to align with the updated AFS material.
Copies of the updated materials shall be submitted for review. The revised
materials review fee will be waived in this instance.
(3) An outside instructor shall not use
materials in a course until the outside instructor has received written AFS
approval.
(4) AFS shall review the
revised course materials and, within 14 business days, shall notify the outside
instructor in writing that the revised course materials are approved or not
approved.
(5) If the revised course
materials are not approved, AFS' notice shall identify the portion or portions
that are not approved and/or shall describe any deficiencies in the revised
course materials. The outside instructor shall file any necessary additional
information within 30 calendar days of the date of AFS' notice of disapproval.
The outside instructor's failure to file the necessary additional information
within the prescribed time period may result in the dismissal of the outside
instructor's request for approval of revised course materials and the necessity
of again paying the $100 review fee for each subsequent filing of revised
course materials.
(j)
Continuing requirements. Outside instructors shall:
(1) maintain their Category D, E, I, or M
certificate or Category D exemption in continuous good standing. The
Train-the-Trainer course shall not count as credit towards any training or
continuing education requirements. Any interruption of the required Category D,
E, I, or M certificate or Category D exemption may result in the Commission
revoking or suspending the outside instructor's approval;
(2) adhere to professional standards of
conduct in course presentations; and
(3) report to AFS within three business days
of the conclusion of a course the names, social security numbers or RRC
identification numbers, and any other information required by AFS, of the
persons completing the course. The report shall be made electronically. The
outside instructor shall ensure that AFS receives the report by securing
written acknowledgment of its receipt by AFS.
(k) Disclaimer. Outside instructors are
responsible for every aspect of the courses they teach, including the location,
schedule, date, time, duration, price, content, material, demeanor and conduct
of the outside instructor, and reporting of attendance information. AFS may
monitor or supervise the actual course presentations by outside instructors.
AFS is not obligated to gather, maintain, or distribute information about
outside instructors' course offerings, other than the names, telephone numbers,
and addresses of approved outside instructors and the date on which an outside
instructor's approval would expire, absent renewal. AFS may refuse to issue or
renew a certificate for an individual who presents for credit an unapproved
course; a course taught by an unapproved outside instructor; or a course taught
using unapproved, incomplete, or incorrect materials.
(l) Complaints.
(1) Complaints regarding outside instructors
shall be made to AFS in writing by email, fax, or U.S. Postal Service; shall
include the printed name, address, telephone number, and, if filed by fax or
U.S. Postal Service, the signature of the person complaining; shall state the
outside instructor's name, the date, location, and title of the course; and
shall describe the facts that show the outside instructor:
(A) failed to meet or maintain AFS
requirements for outside instructor approval;
(B) failed to deliver a course as approved,
including failure to follow the approved curriculum, to use the approved course
materials, or to deliver the requisite numbers of hours of instruction;
or
(C) engaged in other conduct,
including the use of language, that created an atmosphere not conducive to
learning. Such conduct includes but is not limited to demeaning, derogating, or
stereotyping women or men, disabled persons, members of any political,
religious, racial, or ethnic group, or a particular individual, organization,
or product.
(2) Upon
receipt of a complaint and at its discretion, AFS may gather any additional
information necessary or appropriate to making a full and complete analysis of
the complaint. AFS shall send a written copy of the analysis and any findings
to the outside instructor who is the subject of the complaint. The outside
instructor may file a written response within 20 calendar days from the date
the findings are postmarked.
(3) If
AFS determines that an outside instructor has engaged in conduct prohibited by
this section, AFS may prepare a report that states the facts on which the
determination is based and the recommendation as to the action AFS intends to
take. AFS may issue a written warning to the outside instructor; decline to
approve or renew the outside instructor's approval; or revoke the outside
instructor's approval.
(4) AFS
shall send a written copy of the report and recommendation to the outside
instructor and shall include a statement that the outside instructor has a
right to a hearing on the determination contained in the report.
(5) Within 20 calendar days after the date
the notice is postmarked, the outside instructor shall file a written response
either accepting the determination and recommended action or requesting a
hearing on the determination.
(6)
If the outside instructor accepts the determination, he or she shall notify AFS
in writing of the acceptance, and AFS shall take the action indicated in the
report.
(7) If an outside
instructor requests a hearing or fails to respond timely to the notice given
under paragraph (5) of this subsection, the AFS director shall refer the matter
to the Hearings Division.
(8)
Following the hearing, the Commission may enter an order finding that the
outside instructor has violated Commission rules or that no violation has
occurred; and may make any other finding based on the evidence in the
record.
(9) If the outside
instructor does not comply with the order of the Commission, and if the
enforcement of the Commission's order is not stayed, then the Office of General
Counsel may refer the matter to the attorney general for enforcement of the
Commission's order.
