Section 2105.5 - Course Approval(a) To obtain approval of a course, a provider must submit to the Department a Bail Course Approval/Renewal Application, which appears as section 2105.15, along with the fee recited for Insurance Code sections 1751.1(c) and (e) listed in the Fee Schedule.(b) A course approval application must be received by the Department at least thirty (30) days before the date the course will be presented to students for the first time. An incomplete course approval application will remain active for one year from the date of receipt, unless withdrawn by the provider. After one year, a provider must submit a new application. Notification that an application is complete does not mean approval or disapproval. The Department must approve or reject a course within thirty (30) days of receiving a completed application.(c) A provider of a classroom course must notify the Department of the classroom location(s) where the provider intends to present the course, including the street address, city, state and zip code, and the dates and times of the presentation. The notification must be submitted to the Department using electronic filing at least ten (10) business days before each time a class in which the course will be presented is scheduled to meet. A provider may submit notification on a Class Presentation Schedule, which appears in section 2105.16, if a course to be presented is pending approval and is submitted with a course approval application. The classroom must allow the instructor and students to communicate with a reasonable degree of privacy and without unreasonable distractions.(d) An advertisement for an approved course must include the name of the provider, the provider number, the course title approved by the Department, the course number, the license type for which the course is approved and the credit hours assigned. A course advertisement may mention that the course has been approved for credit by the Department of Insurance or the Insurance Commissioner only if it has been approved in writing by the Department.(e) A course advertisement may mention that the course has been submitted to the Department for approval only if a completed filing pursuant to Section 2105.5(a) was submitted to the Department at least thirty (30) days before the date the course will be presented to students for the first time and that the advertisement includes a notice, in at least the same size type as any language regarding the course having been submitted for approval, that the course is pending approval.(f) A minor change to a course that does not affect course content or presentation time may be reported to the Department by a letter at least thirty (30) days before the change is to be implemented. A new edition of written material distributed to students with virtually identical content as an edition submitted when the course was approved may, in the Department's discretion, be considered a minor change.(g) A major change to a course is one that affects presentation time or that alters the course content, and requires approval as a new course. The course approval application must be received by the Department at least thirty (30) days before the date the course will be presented to students for the first time. Use of different written materials is a major change, except as provided in subdivision (f).(h) Notification of a cancellation, change in the location, date, or time of a previously submitted class schedule, or of an addition of a location, date or time must be submitted using electronic filing. The notification must be received by the Department at least ten (10) business days before the meeting of the rescheduled or relocated class or addition. The Department may accept late notification if accompanied by a letter, signed by the provider director, stating good cause. A provider may not at any time have a cumulative cancellation rate of more than 15 percent of its classes due to inadequate enrollment.(i) Credit of less than one hour is not granted.(j) Contact course credit hours are determined using a fifty (50) minute hour. A student may not receive credit for more than eight (8) hours per day or 400 minutes per day.(k) Course subjects will be approved only if they sufficiently relate to the legal duties and responsibilities of a bail licensee, and they will be taught in a structured manner and environment that contributes to the professional or technical competence of the student(l) Course subjects that do not qualify for approval include training in sales, marketing, communication, motivation, or products or programs offered by a specific surety.(m) A provider may not state or imply that a course, including an approved course, is endorsed by the Department.(n) If a scheduled class is cancelled, a provider must make a reasonable effort to notify all registrants of the cancellation, and maintain documentation of that effort.(o) Credit will be given to a student who successfully completes an expired course if the course would have been renewed and the student was unaware that the course was expired.(p) The Department may revoke approval of a course if the course content was significantly changed without prior notice to the Department and the change affects the number of hours that would have been assigned to the course, or the change in content would make the course ineligible for approval.(q) Course approval will be valid for two (2) years from the date it is granted.(r) For an Internet course, a provider must establish to the Department's satisfaction that the provider will employ adequate measures to ensure that students are actively engaged in course material for the entirety of the prescribed time, and such measures must actually be employed. The measures shall include, and a provider shall certify that it has included the following:(1) the course must contain a minimum of 4,600 words for each hour of credit;(2) the course examination time must total at least 10 percent and not more than 15 percent of the course completion time;(3) the course must periodically pose questions and receive student answers before a student may proceed to the next screen;(4) a final examination at the end of the course must contain a minimum of three questions for each credit hour;(5) the time allocated for a student to spend on each page must not be excessive or inadequate;(6) Internet course credit hours are determined using a sixty (60) minute hour.(s) A Bail Course Approval/Renewal Application shall be accompanied by a declaration signed by the provider director stating that the course outlines were sent to the entities specified in Insurance Code section 1810.7(c). The declaration shall be accompanied by copies of the cover letters to the associations and all responses from the associations, if any. A provider will be deemed to have complied with the consultation requirement of Insurance Code section 1810.7(c) if either: (i) the provider submits responses from all of the associations; or(ii) thirty (30) days have passed from the date the provider sent the outlines to the associations and one or more associations has not responded.Cal. Code Regs. Tit. 10, § 2105.5
1. New section filed 8-20-2007; operative 9-19-2007 (Register 2007, No. 34). Note: Authority cited: Section 1812, Insurance Code. Reference: Section 1810.7, Insurance Code.
1. New section filed 8-20-2007; operative 9-19-2007 (Register 2007, No. 34).