| (a) General.
(1) AFRED 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 classes to Category
D or K management-level applicants or certificate holders and to service
and installation and appliance service and installation employee-level
applicants or certificate holders.
(B) Authorized Category E outside instructors may offer
only the applicable training and continuing education classes to Category
D or K management-level applicants and to portable cylinder filling,
motor/mobile fuel dispenser, bobtail, service and installation, and
appliance service and installation applicants and employee-level certificate
holders.
(C) Authorized Category I outside instructors may offer
only the applicable training and continuing education classes to Category
F, G, I, and J management-level certificate holders and DOT cylinder
filling and motor/mobile fuel dispenser applicants and employee-level
certificate holders.
(D) Authorized Category M outside instructors may offer
only the applicable training and continuing education classes 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
AFRED 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 AFRED curricula and materials are
available from AFRED at a reasonable cost.
(b) Application process. Outside instructor applicants
shall submit the following to AFRED:
(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 certification card or, in the case of Category D only, a
copy of the master or journeyman plumber/class A or B registration/examination
exemption certificate issued by AFRED;
(3) for each course the outside instructor applicant
intends to teach:
(A) the curriculum for and a description of the course;
(B) the course materials and related supporting information
or a statement that the instructor will use the AFRED course materials;
(C) a statement specifying whether the outside instructor
seeks approval to certify any AFT described in §9.52 of this
title (relating to training and continuing education courses);
(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 AFRED's
course or courses on the same topic or topics, and shall include all
applicable current LP-gas regulations for Texas. Courses not offered
by AFRED may be approved if the courses are equal or greater in overall
quality to other approved courses.
(d) AFRED review. AFRED 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, AFRED's 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 AFRED's 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 AFRED shall
attend AFRED's 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, AFRED 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. AFRED 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 AFRED-approved
LP-gas classes, an outside instructor shall renew his or her AFRED
approval every three years by paying a nonrefundable $150 renewal
fee to AFRED and attending a Train-the-Trainer refresher class prior
to the outside instructor's next renewal deadline.
(i) Revision of course materials. An outside instructor
who revises any course materials previously approved by AFRED shall
submit the revisions in writing, along with a nonrefundable $100 review
fee to AFRED, and shall not use the materials in a course until the
outside instructor has received written AFRED approval. AFRED 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. If the revised course materials
are not approved, AFRED's 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 AFRED's
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 registration/examination exemption certificate in continuous
good standing. The Train-the-Trainer class shall not count as credit
towards any training or continuing education requirements. Any interruption
of the required Category D, E, I, or M certification or Category D
registration/examination exemption certificate may result in the Commission
revoking the outside instructor's approval;
(2) adhere to professional standards of conduct in
class presentations; and
(3) report to AFRED within three business days of the
conclusion of a class the names, social security numbers, and any
other information required by AFRED, of the persons completing the
class. The report shall be made by electronic mail (e-mail) in an
electronic format provided by AFRED. The outside instructor shall
ensure that AFRED receives the report by securing written acknowledgment
of its receipt by AFRED. This acknowledgment may be by return electronic
mail (e-mail) or by facsimile transmission (fax).
(k) Disclaimer. Outside instructors are responsible
for every aspect of the classes they teach, including the location,
schedule, date, time, duration, price, content, material, demeanor
and conduct of the outside instructor, and reporting of attendance
information. AFRED shall not monitor or supervise the actual class
presentations by outside instructors. AFRED 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. AFRED may refuse to issue or
renew a certificate for an individual who presents for credit an unapproved
class; a class taught by an unapproved outside instructor; or a class
taught using unapproved, incomplete, or incorrect materials.
(l) Complaints.
(1) Complaints regarding outside instructors shall
be made to AFRED in writing by electronic mail (e-mail), facsimile
transmission (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 set forth the facts that the complainant alleges demonstrate
that the outside instructor:
(A) failed to meet or maintain AFRED 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,
AFRED may gather any additional information necessary or appropriate
to making a full and complete analysis of the complaint. AFRED shall
deliver a written copy of the analysis and any findings by certified
mail 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 AFRED determines that an outside instructor
has engaged in conduct prohibited by this section, AFRED may prepare
a report that states the facts on which the determination is based
and the recommendation as to the action AFRED intends to take. AFRED
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) AFRED shall mail a copy of the report and recommendation
to the outside instructor by certified mail 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 AFRED in writing of the acceptance, and AFRED
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 AFRED director shall refer the matter to the
Office of General Counsel for the setting of a hearing. The Office
of General Counsel shall assign an examiner to conduct a hearing,
which shall be conducted under the Commission's General Rules of Practice
and Procedure, Chapter 1 of this title (relating to Practice and Procedure).
(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.
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