Minnesota Legislature
SF 2944
as introduced - 86th Legislature (2009 - 2010) Posted on 03/01/2010 01:06pm
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A bill for an act
relating to licensing; modifying contractor continuing education requirements;
amending Minnesota Statutes 2008, section 326B.821, as amended.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2008, section 326B.821, as amended by Laws 2009,
chapter 78, article 5, section 21, is amended to read:
326B.821 CONTINUING EDUCATION.
Subdivision 1.
Standards.
The commissioner may by rule adopt standards for
continuing education requirements and course and instructor approvalnew text begin that have been
developed by the Construction Codes Advisory Councilnew text end . The standards must include
requirements for continuing education in the implementation of energy codes applicable to
buildings and deleted text begin other building codes designed to conservedeleted text end energynew text begin conservation measuresnew text end .
Subd. 2.
Hours.
A qualifying person of a licensee must provide proof of completion
of 14 hours of continuing education per two-year licensure period in the regulated industry
in which the licensee is licensed.
Credit may not be earned if the licensee has previously obtained credit for the same
course as either a student or instructor during the same licensing period.
Subd. 3.
Accessibility.
To the extent possible, the commissioner shall ensure that
continuing education courses are offered throughout the state and are easily accessible
to all licensees.
Subd. 4.
Renewal of approval.
The commissioner is authorized to establish a
procedure for renewal of course approval.
Subd. 5.
Content.
(a) Continuing education consists of approved courses that
impart appropriate and related knowledge in the regulated industries pursuant to sections
326B.802 to 326B.885. Courses may include relevant materials that are included in
licensing exams subject to the limitations imposed in paragraph deleted text begin (e)deleted text end new text begin (g)new text end . The burden of
demonstrating that courses impart appropriate and related knowledge is upon the person
seeking approval or credit.
(b) Course examinations deleted text begin willdeleted text end new text begin mustnew text end not be required for continuing education courses
unless they are required by the sponsor.
(c) Textbooks are not required to be used for continuing education courses. If
textbooks are not used, the coordinator must provide students with a syllabus containing,
at a minimum, the course title, the times and dates of the course offering, the names and
addresses or telephone numbers of the course coordinator and instructor, and a detailed
outline of the subject materials to be covered. Any written or printed material given to
students must be of readable quality and contain accurate and current information.
(d) Upon completion of an approved course, licensees shall earn one hour of
continuing education credit for each hour approved by the commissioner. Each continuing
education course must be attended in its entirety in order to receive credit for the number
of approved hours. Courses may be approved for full or partial credit, and for more than
one regulated industry.
new text begin (e) new text end Continuing education credit in an approved course deleted text begin shalldeleted text end new text begin maynew text end be awarded to
presenting instructors on the basis of one credit for each hour of preparation for the
new text begin duration of the new text end initial presentationdeleted text begin , which may not exceed three hours total credit for
each approved coursedeleted text end . Continuing education credit may not be earned if the licensee has
previously obtained credit for the same course as a licensee or as an instructor within
the three years immediately prior.
new text begin
(f) Courses shall be approved using the following guidelines:
new text end
new text begin
(1) course content must demonstrate significant intellectual or practical content and
deal with matters directly related to the practice of residential construction, workforce
safety, and the business of running a residential construction company. Courses may also
address the professional responsibility or ethical obligations of contractors to homeowners
and suppliers;
new text end
new text begin
(2) the following courses must be automatically approved, subject to the limitations
of paragraph (g):
new text end
new text begin
(i) courses specifically designed for the residential construction industry;
new text end
new text begin
(ii) courses offered by the Minnesota Board of Continuing Legal Education;
new text end
new text begin
(iii) courses offered by a nationally recognized professional designation of the
residential construction industry; and
new text end
new text begin
(iv) courses accredited by the International Association of Continuing Education and
Training meeting ANSI/IACET standards;
new text end
new text begin
(3) courses must be presented in a suitable classroom or construction setting.
Courses presented via video recording, simultaneous broadcasting, Web-based, or
teleconference or audiotape may be approved;
new text end
new text begin
(4) Internet courses may be approved for credit but must include a testing component
equal to 12 questions for every 50 minutes of educational content provided. A minimum
testing score of 70 percent must be attained in order to receive a course completion
certificate; and
new text end
new text begin
(5) a list of all participants shall be maintained by the course sponsor and transmitted
to the board upon request. For internet providers, a list of participants who successfully
completed online education shall be maintained by the provider for a three-year period
and submitted to the board upon request.
new text end
deleted text begin (e)deleted text end new text begin (g)new text end The following courses deleted text begin willdeleted text end new text begin mustnew text end not be approved for credit:
(1) courses designed solely to prepare students for a license examination;
(2) courses in mechanical office deleted text begin or businessdeleted text end skills, including typing, speed reading,
or other machines or equipment. Computer courses are allowed, if appropriate and related
to the regulated industry of the licensee;
(3) courses in sales promotion, including meetings held in conjunction with the
general business of the licensee;
(4) courses in motivation, salesmanship, psychology, time managementdeleted text begin , or
communicationdeleted text end ; or
(5) courses that are primarily intended to impart knowledge of specific products of
specific companies, if the use of the product or products relates to the sales promotion or
marketing of one or more of the products discussed.
Subd. 6.
Course approval.
(a) Courses must be approved by the commissioner in
advance and deleted text begin willdeleted text end new text begin shallnew text end be approved on the basis of the applicant's compliance with the
provisions of this section relating to continuing education in the regulated industries. The
commissioner shall make the final determination as to the approval and assignment of
credit hours for courses. Courses must be at least one hour in length.
deleted text begin Individualsdeleted text end new text begin Licenseesnew text end requesting credit for continuing education courses that have
not been previously approved shall, on a form prescribed by the commissioner, submit an
application for approval of continuing education credit accompanied by a nonrefundable
fee of $10 for each course to be reviewed. To be approved, courses must be in compliance
with the provisions of this section governing the types of courses that will and will not
be approved.
Approval deleted text begin willdeleted text end new text begin mustnew text end not be granted for time spent on meals or other unrelated
activities. Breaks may not be accumulated in order to dismiss the class early. Classes shall
not be offered by a provider to any one student for longer than eight hours in one day,
excluding meal breaks.
(b) Application for course approval must be submitted 30 days before the course
offering.
(c) Approval must be granted for a subsequent offering of identical continuing
education courses without requiring a new application if a notice of the subsequent
offering is filed with the commissioner at least 30 days in advance of the date the course is
to be held. The commissioner shall deny future offerings of courses if they are found not
to be in compliance with the laws relating to course approval.
Subd. 7.
Courses open to all.
All course offerings must be open to any interested
individuals. Access may be restricted by the sponsor based on class size only. Courses
must not be approved if attendance is restricted to any particular group of people, except
for company-sponsored courses allowed by applicable law.
Subd. 8.
Course deleted text begin coordinatordeleted text end new text begin sponsornew text end .
(a) Each course of study shall have at
least one deleted text begin coordinator, approved by the commissioner,deleted text end new text begin sponsornew text end who is responsible for
supervising the program and ensuring compliance with all relevant law. deleted text begin Sponsors may
engage an additional approved coordinator in order to assist the coordinator or to act as a
substitute for the coordinator in the event of an emergency or illness.
deleted text end
(b) deleted text begin The commissioner shall approve as a coordinator a person meeting one or more
of the following criteria:deleted text end new text begin Sponsors must submit an application and sworn statement stating
that they agree to abide by the requirements of this and any applicable statute or rule
pertaining to residential construction continuing education.
new text end
deleted text begin
(1) at least three years of full-time experience in the administration of an education
program during the five-year period immediately before the date of application;
deleted text end
deleted text begin
(2) a degree in education plus two years' experience during the immediately
preceding five-year period in one of the regulated industries for which courses are being
approved; or
deleted text end
deleted text begin
(3) a minimum of five years' experience within the previous six years in the regulated
industry for which courses are held.
deleted text end
new text begin
(c) A sponsor may also be an instructor.
new text end
new text begin
(d) Failure to comply with requirements may result in loss of sponsor approval
for two years.
new text end
Subd. 9.
Responsibilities.
A deleted text begin coordinatordeleted text end new text begin sponsornew text end is responsible for:
(1) ensuring compliance with all laws and rules relating to continuing educational
offerings governed by the commissioner;
(2) ensuring that students are provided with current and accurate information relating
to the laws and rules governing their licensed activity;
(3) supervising and evaluating courses and instructors. Supervision includes
ensuring that all areas of the curriculum are addressed without redundancy and that
continuity is present throughout the entire course;
(4) ensuring that instructors are qualified to teach the course offering;
(5) furnishing the commissioner, upon request, with copies of course and instructor
evaluations and qualifications of instructors. Evaluations must be completed by students at
the time the course is offered and by coordinators within five days after the course offering;
(6) investigating complaints related to course offerings or instructors. A copy of
the written complaint must be sent to the commissioner within ten days of receipt of
the complaint and a copy of the complaint resolution must be sent not more than ten
days after resolution is reached;
(7) maintaining accurate records relating to course offerings, instructors, tests
taken by students if required, and student attendance for a period of three years from the
date on which the course was completed. These records must be made available to the
commissioner upon requestdeleted text begin . In the event that a sponsor ceases operation for any reason,
the coordinator is responsible for maintaining the records or providing a custodian for the
records acceptable to the commissioner. The coordinator must notify the commissioner
of the name and address of that person. In order to be acceptable to the commissioner,
custodians must agree to make copies of acknowledgments available to students at a
reasonable fee. Under no circumstances will the commissioner act as custodian of the
records;deleted text end new text begin , or in the event the sponsor ceases operations, the sponsor must provide digital
copies of all records for the previous three years to the department upon termination of
the sponsor application.
new text end
(8) deleted text begin ensuring that the coordinator is available to instructors and students throughout
course offerings and providing to the students and instructor the name of the coordinator
and a telephone number at which the coordinator can be reached;
deleted text end
deleted text begin (9)deleted text end attending workshops or instructional programs as reasonably required by the
commissioner;
deleted text begin (10)deleted text end new text begin (9)new text end providing course completion certificates within ten days of, but not before,
completion of the entire course. Course completion certificates must be completed in
their entirety. Course completion certificates must contain the following statement: "If
you have any comments about this course offering, please mail them to the Minnesota
Department of Labor and Industry." The current address of the department must be
included. A deleted text begin coordinatordeleted text end new text begin sponsornew text end may require payment of the course tuition as a condition
for receiving the course completion certificate; and
deleted text begin (11)deleted text end new text begin (10)new text end notifying the commissioner in writing within ten days of any change in the
information in an application deleted text begin for approvaldeleted text end on file with the commissioner.
Subd. 10.
Instructors.
(a) Each continuing education course shall have an instructor
who is qualified by education, training, or experience to ensure competent instruction.
Failure to have only qualified instructors teach at an approved course offering deleted text begin willdeleted text end new text begin shallnew text end
result in loss of course approval. deleted text begin Coordinatorsdeleted text end new text begin Sponsorsnew text end are responsible to ensure that an
instructor is qualified to teach the course offering.
(b) deleted text begin Qualified continuing education instructors must have one of the following
qualifications:
deleted text end
deleted text begin
(1) a four-year degree in any area plus two years' practical experience in the subject
area being taught;
deleted text end
deleted text begin
(2) five years' practical experience in the subject area being taught; or
deleted text end
deleted text begin
(3) a college or graduate degree in the subject area being taught.
deleted text end
deleted text begin (c)deleted text end Approved instructors are responsible for:
(1) compliance with all laws and rules relating to continuing education;
(2) providing students with current and accurate information;
(3) maintaining an atmosphere conducive to learning in the classroom;
(4) verifying attendance of students, and certifying course completion;
(5) providing assistance to students and responding to questions relating to course
materials; and
(6) attending the workshops or instructional programs that are required by the
commissioner.
Subd. 11.
Prohibited practices for deleted text begin coordinatorsdeleted text end new text begin sponsorsnew text end and instructors.
(a) In
connection with an approved continuing education course, coordinators and instructors
shall not:
(1) recommend or promote the services or practices of a particular business;
(2) encourage or recruit individuals to engage the services of, or become associated
with, a particular businessnew text begin or require students to participate in other programs or services
offered by the instructor, coordinator, or sponsornew text end ;
(3) deleted text begin use materials, clothing, or other evidences of affiliation with a particular entity;
deleted text end
deleted text begin
(4) require students to participate in other programs or services offered by the
instructor, coordinator, or sponsor;
deleted text end
deleted text begin (5)deleted text end attempt, either directly or indirectly, to discover questions or answers on an
examination for a license;
deleted text begin (6)deleted text end new text begin (4)new text end disseminate to any other person specific questions, problems, or information
known or believed to be included in licensing examinations;
deleted text begin (7)deleted text end new text begin (5)new text end misrepresent any information submitted to the commissioner;
deleted text begin (8)deleted text end new text begin (6)new text end fail to cover, or ensure coverage of, all points, issues, and concepts contained
in the course outline approved by the commissioner during the approved instruction; or
deleted text begin (9)deleted text end new text begin (7)new text end issue inaccurate course completion certificates.
(b) deleted text begin Coordinatorsdeleted text end new text begin Sponsorsnew text end shall notify the commissioner within ten days of a felony
or gross misdemeanor conviction or of disciplinary action taken against an occupational or
professional license held by the deleted text begin coordinatordeleted text end new text begin sponsorsnew text end or an instructor teaching an approved
course. The notification shall be grounds for the commissioner to withdraw the approval
of the deleted text begin coordinatordeleted text end new text begin sponsorsnew text end and to disallow the use of the new text begin sponsor or new text end instructor.
Subd. 12.
Fees.
Fees for an approved course of study and related materials must
be clearly identified to students. In the event that a course is canceled for any reason, all
fees must be returned within 15 days from the date of cancellation. In the event that a
course is postponed for any reason, students shall be given the choice of attending the
course at a later date or having their fees refunded in full within 15 days from the date
of postponement. If a student is unable to attend a course or cancels the registration in a
course, sponsor policies regarding refunds shall govern.
deleted text begin Subd. 13. deleted text end
deleted text begin Facilities. deleted text end
deleted text begin
Each course of study must be conducted in a classroom
or other facility that is adequate to comfortably accommodate the instructors and the
number of students enrolled. The sponsor may limit the number of students enrolled in a
course. Approved courses may be held on the premises of a company doing business in
the regulated area only when the company is sponsoring the course offering, or where
product application is appropriate and related.
deleted text end
Subd. 14.
Supplementary materials.
An adequate supply of supplementary
materials to be used or distributed in connection with an approved course must be available
at the time and place of the course offering in order to ensure that each student receives all
of the necessary materials. Outlines and any other materials that are reproduced must be
of readable quality.
Subd. 15.
Advertising courses.
(a) Paragraphs (b) to (g) govern the advertising
of continuing education courses.
(b) Advertising must be truthful and not deceptive or misleading. Courses may not
be advertised deleted text begin in any mannerdeleted text end as approved unless approval has been granted in writing by
the commissioner.
(c) deleted text begin Nodeleted text end new text begin Once a course is approved, allnew text end advertisement, pamphlet, circular, or other
similar materials pertaining to an approved offering deleted text begin may bedeleted text end circulated or distributed in
this statedeleted text begin , unlessdeleted text end new text begin must includenew text end the following statement deleted text begin is prominently displayeddeleted text end :
"This course has been approved by the Minnesota Department of Labor and Industry
for ....... (approved number of hours) hours for continuing ....... (relevant industry)
education."
(d) Advertising of approved courses must be clearly distinguishable from the
advertisement of other nonapproved courses and services.
(e) Continuing education courses may not be advertised before approval unless the
course is described in the advertising as "approval pending" deleted text begin and an application for approval
has been timely submitted to the commissioner and a denial has not been receiveddeleted text end .
(f) The number of hours for which a course has been approved must be prominently
displayed on an advertisement for the course. If the course offering is longer than the
number of hours of credit to be given, it must be clear that credit is not earned for the
entire course.
(g) The course approval number must not be included in any advertisement.
Subd. 16.
Notice to students.
At the beginning of each approved offering, the
following notice must be handed out in printed form or must be read to students:
"This educational offering is recognized by the Minnesota Department of Labor and
Industry as satisfying ....... (insert number of hours approved) hours of credit toward
continuing ....... (insert appropriate industry) education requirements."
Subd. 17.
Audits.
The commissioner reserves the right to audit subject offerings
with or without notice to the sponsor.
Subd. 18.
Falsification of reports.
A licensee, its qualified person, or an applicant
found to have falsified an education report to the commissioner shall be considered to
have violated the laws relating to the industry for which the person has a license and
shall be subject to censure, limitation, condition, suspension, or revocation of the license
or denial of the application for licensure.
The commissioner reserves the right to audit a licensee's continuing education
records.
Subd. 19.
Waivers and extensions.
If a licensee provides documentation to the
commissioner that the licensee or its qualifying person is unable, and will continue to be
unable, to attend actual classroom course work because of a physical disability, medical
condition, or similar reason, attendance at continuing education courses shall be waived
for a period not to exceed one year. The commissioner shall require that the licensee or
its qualifying person satisfactorily complete a self-study program to include reading a
sufficient number of textbooks, or listening to a sufficient number of tapes, related to the
regulated industry, as would be necessary for the licensee to satisfy continuing educational
credit hour needs. The commissioner shall award the licensee credit hours for a self-study
program by determining how many credit hours would be granted to a classroom course
involving the same material and giving the licensee the same number of credit hours under
this section. The licensee may apply each year for a new waiver upon the same terms and
conditions as were necessary to secure the original waiver, and must demonstrate that in
subsequent years, the licensee was unable to complete actual classroom course work.
The commissioner may request documentation of the condition upon which the request
for waiver is based as is necessary to satisfy the commissioner of the existence of the
condition and that the condition does preclude attendance at continuing education courses.
Upon written proof demonstrating a medical hardship, the commissioner shall
extend, for up to 90 days, the time period during which the continuing education must be
successfully completed. Loss of income from either attendance at courses or cancellation
of a license is not a bona fide financial hardship. Requests for extensions must be
submitted to the commissioner in writing no later than 60 days before the education is
due and must include an explanation with verification of the hardship, plus verification of
enrollment at an approved course of study on or before the extension period expires.
Subd. 20.
Reporting requirements.
Required continuing education must be
reported in a manner prescribed by the commissioner. Licensees are responsible for
maintaining copies of course completion certificates.
Subd. 21.
Residential building contractor, remodeler, and roofer education.
(a)
Each licensee must, during the licensee's first complete continuing education reporting
period, complete and report one hour of continuing education relating to lead abatement
rules in safe lead abatement procedures.
(b) Each licensee must, during each continuing education reporting period, complete
and report one hour of continuing education relating to energy deleted text begin codes for buildingsdeleted text end new text begin
efficiencynew text end and other building codes designed to conserve energy.
new text begin
(c) Immediately following the promulgation of a new residential code, the
department may prescribe up to five of the required seven hours of continuing education
hours be specifically to instruct the licensee on the new code.
new text end
Subd. 22.
Continuing education approval.
deleted text begin (a)deleted text end Continuing education courses must
be approved in advance by the commissioner of labor and industry. "Sponsor" means any
person or entity offering approved education.
deleted text begin
(b) For coordinators with an initial approval date before August 1, 2005, approval
will expire on December 31, 2005. For courses with an initial approval date on or before
December 31, 2000, approval will expire on April 30, 2006. For courses with an initial
approval date after January 1, 2001, but before August 1, 2005, approval will expire
on April 30, 2007.
deleted text end
Subd. 23.
Continuing education fees.
The following fees shall be paid to the
commissioner:
(1) initial course approval, deleted text begin $10deleted text end new text begin $40new text end for each hour or fraction of one hour of
continuing education course approval sought. Initial course approval expires on the last
day of the 24th month after the course is approved;
(2) renewal of course approval, deleted text begin $10deleted text end new text begin $40new text end per course. Renewal of course approval
expires on the last day of the 24th month after the course is renewed;
(3) initial deleted text begin coordinatordeleted text end new text begin sponsornew text end approval, $100. Initial deleted text begin coordinatordeleted text end new text begin sponsornew text end approval
expires on the last day of the 24th month after the coordinator is approved; and
(4) renewal of deleted text begin coordinatordeleted text end new text begin sponsornew text end approval, deleted text begin $10deleted text end new text begin $40new text end . Renewal of deleted text begin coordinatordeleted text end new text begin
sponsornew text end approval expires on the last day of the 24th month after the deleted text begin coordinatordeleted text end new text begin sponsornew text end is
renewed.
Subd. 24.
Refunds.
All fees paid to the commissioner under this section are
nonrefundable, except that an overpayment of a fee shall be returned upon proper
application.