(a) All distance training providers shall meet these minimum requirements. Training credit will not be recognized from a distance training provider that has not been certified by the commission unless the program has been deemed equivalent. The commission shall take action on an application for certification of a distance training provider within 30 days from receipt.     
      (b) Certified distance training providers shall conduct all training in a controlled and safe manner so that trainees are not subjected to unnecessary risks. Texas Government Code, §419.032(c) provides that fire protection personnel must complete a commission approved training course in fire suppression before being assigned to fire suppression duties. 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 certified 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) Certified distance training providers are subject to inspection by the commission at any time during regular business hours.     
      (e) In order to retain the certification as a certified distance training provider, schools desiring to make substantial changes in the facility or other conditions under which the school was approved shall coordinate such plans with the commission.     
      (f) The commission shall be notified, in writing, within 14 days of any change from the original status under which the certification was issued.     
      (g) The commission may revoke, suspend, probate, refuse to renew, or otherwise limit the certification of a distance training provider 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) fails to meet at least a 70% student pass rate on the certification examination.       
     Source Note:        The provisions of this §427.219 adopted to be effective April 23, 2023, 48 TexReg 1962