Section 0780-05-12-.07 - Qualifying and Continuing Education(1) Course approval requirements.(a) Any person or entity seeking to conduct an approved course for qualifying or continuing education credits shall make application and submit to the commissioner any documents, statements and forms as the commissioner may require. The complete application shall be submitted to the commissioner no later than thirty (30) days prior to the scheduled date of the course. At a minimum, a person or entity seeking approval to conduct a course for qualifying or continuing education shall provide: 1. Name and address of the provider;2. Contact person and his or her address, telephone number, fax number and email address;3. Name of course as it will appear on course certificates;4. The location of the courses or programs;5. The number and type of education credit, qualifying or continuing, hours requested for each course;6. A timed outline which lists the summarized topics covered in each course and upon request a copy of any course materials;7. If a prior approved course has substantially changed, a summary of the changes; and8. The names and qualifications of each instructor who is qualified in accordance with paragraph (2) of this rule.(b) Acceptable topics include, but are not limited to:1. Observing and identifying defects in structural components, foundations, roof coverings;2. Insulation and ventilation;3. Exterior and interior components;4. Plumbing, heating, cooling and electrical systems;5. Applicable state laws and rules;6. Home Inspection business management;7. Home Inspector Ethics;8. Tennessee Standards of Home Inspector Practice;9. Home Inspection Report Writing.(c) "Course hour" is defined as fifty (50) minutes of teaching out of each sixty (60) minute segment.(d) In addition to accepting courses approved as described in this rule, qualifying and continuing education credits may be granted on an individual basis to an applicant or licensee if the applicant or licensee provides documentation acceptable to the commissioner that shows that the courses meet applicable requirements for the category of credit applied for, including proof that the applicant or licensee attended and successfully completed the course. To be considered for credit, the prescribed form must be received along with a fee of twenty-five dollars ($25.00) per course.(e) The commissioner may withhold or withdraw approval of any provider for violation of or failure to comply with any provision of this rule. Such withholding or withdrawal does not constitute a contested case proceeding pursuant to the Uniform Administrative Procedures Act compiled at T.C.A. Title 4, Chapter 5.(f) No person or entity sponsoring or conducting a course shall advertise that it is endorsed, recommended, or accredited by the commissioner. Such person or entity may indicate that the commissioner has approved a course of study if that course of study has been pre-approved by the commissioner before it is advertised or held.(g) Within five (5) working days after the completion of each course, the provider shall submit to the commissioner a list of all attendees, including, if applicable, the attendees' license numbers, who completed the course on the course completion form approved by the commissioner. If the course is for continuing education, each licensee successfully completing the course shall be furnished a certificate certifying completion.(h) Providers shall maintain course records for at least five (5) years. The commissioner may at any time examine such records to ensure compliance with this rule.(i) Approval of any course(s) may be withdrawn by the Commissioner if:(i) The conduct of a provider, an instructor, or any other school representative in either the establishment or conduct of a course violates, or fails to meet the requirements of, the provisions of this chapter of other applicable law;(ii) The course content is based on excluded conduct of a home inspector as identified in0780-05-12-.10.(j) The required fee from a course provider for approval of courses for qualifying or continuing education shall be fifty dollars ($50.00) for each course. The application fee is non-refundable.(k) If granted, course approval shall be valid for a period of two (2) years from the date of approval.(I) The provider of an approved course who wishes to renew such approval shall submit an application, on a form approved by the Commission, along with a renewal fee of fifty dollars ($50.00) for each course, within thirty (30) days prior to the approval's expiration.(m) If a provider fails to renew course approval within thirty (30) days of the approval's expiration date, the provider may, upon payment of a twenty-five dollar ($25.00) penalty, apply for a late renewal. No late renewals or course approval will be granted if over three (3) months have passed since expiration.(n) State universities, colleges and junior colleges which provide courses for qualifying or continuing education shall be exempt from the fee.(2) Instructor qualifications and requirements. A person seeking approval as an instructor shall submit an application on a form approved by the commissioner. If granted, the approval as an instructor shall be valid for a period of two (2) years from the date of the approval.(a) An instructor shall have one of the following qualifications: 1. Three (3) years of recent experience in the subject matter being taught; or2. A minimum of an associate's degree in the subject area being taught; or3. Two (2) years of recent experience in the subject area being taught and twelve (12) hours of college credit and/or vocational technical school technical credit hours in the subject being taught.4. Other educational, teaching or professional qualifications determined by the commissioner which constitute an equivalent to (1) or more of the qualifications in parts (2)(a)1.,2., and 3. of this rule.(b) In order to maintain approved status, an instructor shall furnish evidence on a form approved by the commissioner that the instructor has taught a commissioner-approved course, or any other course for qualifying or continuing education credit that the commissioner determines to be equivalent, within the preceding two (2) year period. Any instructor who does not meet their requirements of this subparagraph (2)(b) shall be required to submit a new application in accordance with subparagraph (2)(a) above.(3) In order to renew a license, and in addition to any other renewal requirements, the licensee shall submit to the commissioner a log, on a form provided by the commissioner, showing the type(s) of continuing education activity claimed, provider, iocation, duration, instructor's or speaker's name, description of the activity and continuing education units earned, aiong with the compietion certificate(s) furnished by the provider. A licensee shall submit the log and the completion certificate(s) to the commissioner no earlier than one hundred twenty (120) days nor later than thirty (30) days prior to the expiration date of the license.(4) If a licensee who is not a resident of Tennessee satisfies a continuing education requirement for renewal of a license as a home inspector in the licensee's resident state, the licensee will be deemed to have met the continuing education requirement for Tennessee; provided, the continuing education requirements in the licensee's resident state are at least equivalent to the continuing education requirements in Tennessee. In order for the licensee to be deemed to have met the requirement, the licensee must file with the license renewal a certificate from the licensee's resident state certifying that the licensee has completed the continuing education requirement for licensure in that state. The certificate from the licensee's resident state verifying compliance with continuing education in the resident state must be received by the commissioner no earlier than one hundred twenty (120) days nor later than thirty (30) days prior to the expiration date of the license.Tenn. Comp. R. & Regs. 0780-05-12-.07
Public necessity rule filed April 7, 2006; effective through September 19, 2006. Original rule filed July 3, 2006; effective September 16, 2006. Repeal and new rule filed August 6, 2014; effective 11/4/2014.Authority: T.C.A. §§ 62-6-303(a)(4), (5) and 62-6-307 [effective July 1, 2006], and Chapter 65 of the Public Acts of 2005, §§ 4, 8, 11, and 12.