(a) Each continuing education course offered by a provider must be approved by the department before being offered.     
      (b) A provider must obtain a separate course approval for each occupation (electrician, auctioneer, etc.) which will be awarded continuing education credit for a particular course.     
      (c) Except as provided in subsection (d) of this section, course approvals are valid for one year and must be submitted annually for approval.     
      (d) If a provider's registration expires, all course approvals for that provider expire upon the expiration of the registration.     
      (e) To obtain approval of a course, a provider must file a completed application on the appropriate department-approved form with all applicable fees.     
      (f) Each application for course approval shall be accompanied by:      
        (1) subject matter outline, including time allotted for each segment; and       
        (2) copies of course materials such as textbooks, videos, tapes, handouts, study materials, and any additional documentation.       
      (g) Course materials must have the following characteristics:      
        (1) appropriate grammar, spelling and punctuation;       
        (2) appropriate illustrations and graphics to show concepts not easily explained in words; and,       
        (3) a comprehensive presentation of subject matter intended to increase or maintain the skills or competence of the Licensee.       
      (h) Unless commission rules relating to continuing education requirements for a specific occupation provide otherwise, continuing education courses shall cover one or more of the following aspects in the area of licensure:      
        (1) technical,       
        (2) business,       
        (3) health,       
        (4) safety,       
        (5) legal, or,       
        (6) other relevant topics approved by the department.       
      (i) Courses designed specifically to promote a manufacturer's product will not be considered for approval.     
      (j) Upon approval the department will determine the number of hours of continuing education credit for a course.     
      (k) One hour of continuing education credit is equivalent to 50 minutes of actual instruction time.     
      (l) The department may approve courses in increments of less than one hour of continuing education credit.     
      (m) To determine whether a provider is complying with the requirements of this chapter, department employees and representatives may conduct on-site audits of a provider and any continuing education courses offered by a provider. Audits may be conducted without prior notice to the provider, and department employees and representatives may enroll and attend a course without identifying themselves as employees or representatives of the department.     
      (n) Department employees and representatives performing an audit may not be required to pay any fee to a provider for enrolling in or attending a course.     
      (o) The department may not approve a continuing education course from a provider that is past due or not current on the payment of any unpaid required fees, including record fees, or administrative penalties.     
     Source Note:        The provisions of this §59.30 adopted to be effective November 24, 2004, 29 TexReg 10765; amended to be effective October 1, 2016, 41 TexReg 7257