(a) Terms used in this section have the meanings assigned
by Chapter 59 of this title, unless the context indicates otherwise.
(b) To renew a certificate of registration, a registered
accessibility specialist must complete eight hours of continuing education
as provided in this section.
(1) The continuing education hours must include four
hours of instruction in courses approved by the department under Chapter
59 of this title in one or more of the following topics:
(A) Texas Government Code, Chapter 469, Elimination
of Architectural Barriers;
(B) 16 Texas Administrative Code, Chapter 68 - Administrative
Rules;
(C) 2012 Texas Accessibility Standards;
(D) Technical Memoranda as published by the Department;
or
(E) Registered Accessibility Specialist Procedures
as published by the Department.
(2) The continuing education hours may include up to
four hours of instruction in courses that are not approved by the
department under Chapter 59 of this title and that are offered by
providers not registered with the department under Chapter 59 of this
title, subject to the following conditions:
(A) The courses must be dedicated to instruction in
one or more of the topics listed in subsection (f);
(B) The registered accessibility specialist must certify
at the time of renewal the number of hours completed under this subsection;
(C) The department has final authority to deny any
hours of credit claimed by a registered accessibility specialist under
this subsection; and
(D) The credit received under this subsection may not
count toward the four hours of instruction required by paragraph (1).
(c) The continuing education hours must have been completed
within the term of the current registration, in the case of a timely
renewal. For a late renewal, the continuing education hours must have
been completed within the one-year period immediately prior to the
date of renewal.
(d) A registered accessibility specialist may not receive
continuing education credit for attending the same course more than
once during the one-year period for which the course is approved.
(e) A registered accessibility specialist shall retain
a copy of the certificate of completion for a course for three years
after the date of completion. In conducting any inspection or investigation
of the registered accessibility specialist, the department may examine
the registered accessibility specialist's records to determine compliance
with this section.
(f) To be approved under Chapter 59 of this title,
a provider's course must be dedicated to instruction in one or more
of the following topics:
(1) Texas Government Code, Chapter 469 - Elimination
of Architectural Barriers;
(2) 16 Texas Administrative Code, Chapter 68 - Administrative
Rules;
(3) 2012 Texas Accessibility Standards;
(4) Technical Memoranda as published by the Department;
(5) Registered Accessibility Specialist Procedures
as published by the Department;
(6) Other laws and standards:
(A) 2010 Standards for Accessible Design or any other
accessibility guidelines proposed or adopted by the Access Board or
United States Department of Justice;
(B) Americans with Disabilities Act;
(C) International Code Council/American National Standards
Institute (ANSI) A117.1 Standard on Accessible and Usable Buildings
and Facilities;
(D) Life safety codes; or
(E) Fair Housing Act;
(7) Business practices;
(8) Ethics; or
(9) Presentations on products related to accessibility.
(g) This section shall apply to providers and courses
for registered accessibility specialists upon the effective date of
this section.
(h) This section shall apply to certificates of registration,
issued under §469.201 of the Act, that expire on or after July
1, 2012.
Source Note: The provisions of this §68.74 adopted to be effective March 1, 2007, 32 TexReg 884; amended to be effective April 14, 2008, 33 TexReg 2931; amended to be effective March 15, 2012, 37 TexReg 677