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RULE §427.209General Information

(a) All distance training providers shall meet these minimum requirements. No training credit will be recognized from a distance training provider that has not been certified by the Commission. The Commission shall take action on an application for certification of a distance training provider/training facility provider within 30 days from receipt.

(b) Distance training providers conducting on-site programs shall ensure that all training is conducted in a controlled and safe manner so that trainees are not subjected to unnecessary risks. In addition, certified training facilities shall not put trainees at risk by requiring or allowing a trainee to perform the duties of fire protection personnel at actual uncontrolled emergency situations such as, but not limited to, structure fires, aircraft fires, wildland fires, hazardous materials incidents or dangerous rescue situations.

(c) A distance training provider may transport trainees to the site of an actual emergency for training purposes, only if the following requirements are strictly adhered to:

  (1) the trainees are kept in a group under the direct supervision of qualified instructors to maintain accountability and ensure their safety;

  (2) the trainees are kept outside of the emergency operations area: and

  (3) the trainees' activities are restricted to observation only and trainees are not allowed to participate in emergency operations.

(d) Distance training providers are subject to inspection by the Commission at any time during regular business hours. Distance training providers shall provide the Commission with access to the training facility to monitor the course in progress.

(e) The Commission shall be notified, in writing, within 14 days of any change from the original status under which the certification was issued.

(f) The Commission may revoke, suspend, and/or probate the certification of training when the Commission determines that the distance training provider:

  (1) fails to provide the quality of training and education for which the provider was approved; or

  (2) fails to comply with Commission rules and/or these minimum standards; or

  (3) fails to submit required reports in a timely manner or submits false reports to the Commission; or

  (4) per course, fails to meet at least a 70-percent student pass rate on the state certification examination.

Source Note: The provisions of this §427.209 adopted to be effective January 27, 2002, 27 TexReg 481; amended to be effective July 29, 2002, 27 TexReg 6724; amended to be effective May 26, 2005, 30 TexReg 3033; amended to be effective March 27, 2006, 31 TexReg 2696; amended to be effective November 28, 2007, 32 TexReg 8529

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