Md. Code Regs. 26.04.12.05

Current through Register Vol. 51, No. 12, June 14, 2024
Section 26.04.12.05 - Training Course Provider Requirements
A. The training course provider must satisfy all requirements of Regulation .04 of this chapter.
B. The Department may approve a training course if the training provider demonstrates to the satisfaction of the Department the ability to teach the requirements in this regulation and Regulations .02-.04 of this chapter by:
(1) Submitting complete course materials to the Department for approval; and
(2) Employing instructors having academic credentials or a minimum of 3 years field experience in the topics they instruct.
C. The training provider shall administer a proctored closed-book examination approved by the Department which:
(1) Contains a minimum of 100 multiple-choice questions, of which:
(a) At least 25 questions shall be specific to COMAR 26.04.02;
(b) At least 15 questions shall adequately cover the Department standard inspection format; and
(c) At least 10 questions shall adequately cover final determinations regarding replacement or repair of an on-site wastewater system inspection; and
(2) Requires a passing score of at least 70 percent for certificate of completion.
D. The training provider shall issue to each individual who successfully completes the training course a certificate of completion with the following information:
(1) Name of training course;
(2) Individual's name;
(3) Individual's mailing address, electronic address, and phone number;
(4) Identification number unique to that individual;
(5) Name, address, and phone number of training provider;
(6) Instructor's name and signature; and
(7) Date of training and examination.
E. In order to audit any training provider, Department representatives may attend, evaluate, and monitor any training course and may or may not provide notice of attendance.
F. Prior to changing any portion of an approved course the training provider shall obtain approval from the Department for the proposed changes.
G. A training provider shall provide to the Department a written schedule of dates and locations at which training will be conducted and:
(1) Ensure that the Department receives this schedule at least 10 days before the course is offered; and
(2) Provide as promptly as possible to the Department any changes to the schedule.
H. The training provider shall:
(1) Maintain lists of individuals trained, the dates on which training occurred, instructor names, proctor names, training locations, individual test scores, and copies of certificates of completion;
(2) Maintain testing materials in a secure and confidential manner and, if any breach occurs with testing materials, notify the Department within 48 hours;
(3) Retain records for 3 years and provide copies of these records to the Department upon request; and
(4) Send the information in §H(1) of this regulation on a form provided by the Department to the Department within 10 working days of completion of the approved course.
I. Training courses shall be approved annually by the Department.
J. Training providers shall provide reasonable testing accommodations upon request from an individual.
K. Unless the Department withdraws the approval of the training provider or a training course such approval shall remain valid for 1 year.
L. Training courses approvals are not transferable.
M. The Department may withdrawal the approval of any approved training course or training provider if the Department determines that the training provider, instructors, or course has demonstrated any of the following:
(1) Failure to meet the standards of this regulation;
(2) Misrepresentation of a training course's approval;
(3) Failure of instructors to present the course as approved;
(4) Failure to submit any notifications required by this chapter in a timely manner;
(5) Failure to maintain records as required by this chapter;
(6) Falsification of records, instructor qualifications or other information;
(7) Incompetence or negligent in the performance of administering the training or the exam; or
(8) Other good cause.
N. The Department shall serve notice of withdrawal of an approved training provider or an approved training course. The training provider may request a hearing within 10 days after service of the notice. If the Department receives a timely request, the Department shall hold a hearing in accordance with State Government Article, § 10-201 et seq., Annotated Code of Maryland.

Md. Code Regs. 26.04.12.05

Regulation .05 adopted effective 49:20 Md. R. 910, eff. 8/24/2022; adopted effective 50:16 Md. R.713-760, eff. 8/21/2023