Occupational Licensing TCEQ Approved Training Provider Responsibilities and Audit Preparation Linda Saladino Section Manager Occupational Licensing

Overview and Purpose TCEQ Training Rules & Regulations TCEQ Regulatory Guidance RG-373: Approval of Training For Occupational Licensing Provider’s Responsibilities TCEQ Training Program Audit Selection Criteria Desktop, Online, On-Site Summary and Recap This presentation will go over the requirements and responsibilities of approved training providers and how to prepare for a training audit.

TCEQ Rules and Regulations Title 30, Part 1, Texas Administrative Code (TAC) Definitions –30 TAC §30.7 Approval of Training – 30 TAC §30.28 Added to Rules in 2007 Image: screenshot of TAC code

RG-373: TCEQ Regulatory Guidance Updated 2017 Regulatory guidance document RG-373 discusses some but not all training provider requirements. It is important for training providers to be familiar with both 30 TAC 30 and RG-373. The 2017 update includes helpful updates including information on HB 1508. Image: cover of RG

Provider’s Responsibilities Training Providers Shall… Follow the requirements listed in 30 TAC §30.28 (q). Start with— Be responsible for content and delivery of the training. Training provider responsibilities established by 30 TAC 30.28 and further explained in our regulatory guidance document RG-373. 30 TAC 30.28 – Approved training providers shall:   (1) ensure the executive director has the most current electronic edition of training materials;   (2) keep manuals and training content updated to reflect rule changes;   (3) submit approved training material that references rules for re-approval within 180 days of any new rule adoption that pertains to that training;   (4) submit material with substantial changes, including a summary, list, or other indication of changes, for review and re-approval by the executive director;   (5) allow the executive director staff or their agents access to training in order to audit training content, manner of delivery, and the effectiveness and qualifications of instructors and subject matter experts;   (6) be responsible for the content and delivery of the training;   (7) retain accurate training records for a minimum of five years;   (8) maintain records of training approval throughout the entire period the training provider actively delivers training;   (9) ensure that instructors and subject matter experts are qualified and provide the executive director with qualifications when requested;   (10) notify students of all fees associated with completing the training and obtaining credit for training before and during the training;   (11) accurately present to students the approved training credit along with any other criteria for obtaining full or partial training credit;   (12) provide students with approved copies of texts, manuals, or other training materials to use during the training and for future reference required by the delivery method and as approved by the executive director;   (13) verify participation;   (14) provide acceptable procedures for student identity verification;   (15) maintain procedures to protect student identity and personal information;   (16) provide students access to subject matter experts to answer technology-related and content-related questions within one business day from the time of request; and   (17) electronically report the students' successfully completed training credit hours per procedures provided and approved by the executive director, not to exceed approved training credit hours, within 14 business days of training completion.

Provider’s Responsibilities Training Content Updates Keep manuals and training content updated to reflect rule changes. Resubmit updated training to TCEQ for review within 180 days of a new rule adoption. If substantial changes are made - submit to the TCEQ the following items. Summary list Highlight changes Other method showing what was changed

Provider’s Responsibilities Training Records Retention Retain training records for a minimum of 5 years. Can be electronic Must be able to verify student completion of training

Provider’s Responsibilities Training Approval Records Maintain records of approval for the entire time actively providing training! TCEQ approval letters Instructor/proctor qualifications Training materials developed for the training Lesson plans, manuals, agendas Image: filing cabinet

Provider’s Responsibilities Training References Obtain permission to use copyrighted materials & information. Reference sources of material/information used in training. Modify to apply to the target audience and mode of training.

Provider’s Responsibilities Training Fees Notify students of all fees up front before enrollment! Fee for…. Certificate? Reporting? Retesting? Membership? Software? Image: dollar sign

Provider’s Responsibilities Qualified Instructors Ensure classroom instructors are qualified: Current Notice of Instructor Qualification 1990’s instructor “approvals” should be re-evaluated Meet current requirements Valid, appropriate license 60 hours of instructional experience 3 years of hands-on experience Contact TCEQ for instructor qualification applications

Provider’s Responsibilities Qualified Instructors Instructor Qualification Forms must be submitted to TCEQ for review by approved providers Contact TCEQ for instructor qualification applications

Provider’s Responsibilities Subject Matter Experts (SME) Presenters and course content developers must be SMEs. Who is an SME? A person having a minimum of three years of work-related experience or expert knowledge in a particular content area related to the training topic. Image: picture of Einstein

Provider’s Responsibilities Training Environment No promotion of products or services from: Manufacturers; Distributors; or Service providers. Training location and atmosphere should be conducive to learning. Must NOT be held in a place of business of a product manufacturer, distributor, or service provider directly related to the occupational license. Image: car salesman

Provider’s Responsibilities Training Credit Advertisement Clearly & accurately advertise approved credit hours Receive TCEQ approval prior to advertising as approved Approved program credit ex. Water, Irrigation, etc. Inform licensees that distance learning training repeated within the renewal period will NOT receive training credit Notice on web page Prior to enrolling in training Do not report the training Can repeat a training but it will not count towards continuing education hours

Provider’s Responsibilities Verify participation Attendance alone does not automatically constitute submittal of training hours. Training credit for students who are disruptive, sleeping, or otherwise inattentive SHOULD NOT be reported. Imagine: student not paying attention in class.

Provider’s Responsibilities Reporting Training (continued) Training Credit Rosters: Reported hours must not exceed approved training credit hours May only include students who successfully completed training Must be submitted within 14 business days. Image: screenshot of TCEQ online reporting of CE

Provider’s Responsibilities Training Audits Purpose: To ensure provider compliance with provider responsibilities. Image: audit books

Provider’s Responsibilities Training Audits Allow agency staff access to training to: Audit training content; Manner of presentation; and Instructor effectiveness & qualifications Image: audit books

Training Program Audit Selection Criteria Recall Core training (required to obtain a license) Training with a wide impact Complaints Compliance History (at-risk) New training or new provider Random Training recalls are initiated due to rule changes, technology updates, or other good cause.

Summary and Recap Takeaways Keep training content updated to reflect rule changes. Be responsible for the content and delivery of the training. Retain accurate training records for a minimum of five years and training approval records “forever”. Notify students of all fees associated with completing and obtaining credit for training before and during the training.

Summary and Recap Takeaways (continued) Deliver the training as approved Verify hours successfully completed Use only qualified instructors and SMEs Allow TCEQ access to audit training Obtain permission to use copyrighted information Report only completed hours timely – within 14 days No promotion of products or services

Summary and Recap Be a role model for your students. Final Thoughts Demonstrate high standards of conduct. Do not discriminate against, embarrass, or harass students. Respect students’ gender, age, race, national origin, religion, socioeconomic circumstances or disability. Display a high level of sensitivity to students’ learning styles and needs. Be sure subject matter experts and instructors meet these standards also. Be a role model for your students.

Contact Linda Saladino, OL Section Manager Phone: 512-239-0178 Email: Linda.Saladino@tceq.texas.gov Sarita Nazareth, Training Work Lead Phone: 512-239-6189 Email: Sarita.Nazareth@tceq.texas.gov Image: TCEQ logo