La. Admin. Code tit. 46 § XL-120

Current through Register Vol. 50, No. 11, November 20, 2024

Section XL-120 - Education Providers; Qualifications

1. A certified education provider is defined as any individual or entity certified by the Board to provide home inspector pre-license education, in-field training and/or continuing education courses.

2. A pre-licensing education provider is defined as any individual or entity certified by the board to provide pre-licensing education as described in §119. C 1

3. A continuing education provider is defined as any individual or entity certified by the board to provide post license continuing education.

4. An infield trainer is defined as any individual certified by the board to provide home inspector infield training.

5. A home inspector instructor is defined as any individual certified by the board to provide home inspector instruction for an education provider.

6. A guest lecturer is defined as an individual licensed and/or certified in a construction related field, who provides pre-license and/or continuing education instruction for an education provider.

1. Certifications issued under this Chapter shall be classified in the following categories:

a. pre-licensing education providers;

b. continuing education providers; and

c. infield trainers.

2. Any individual or entity desiring to conduct business in this state as a pre-licensing education provider, continuing education provider or infield trainer shall file an application for certification with the board.

3. The application shall be in such form and detail as prescribed by the board.

4. The board shall approve or deny an application within 90 calendar days after it is received. Incomplete applications or a request from the board for additional information may be cause for delay beyond 90 calendar days.

5. The board may deny an application of an education provider or its director for certification for any of the following reasons.

a. The applicant has been convicted of forgery, embezzlement, obtaining money under false pretenses, larceny, extortion, conspiracy to defraud, or theft, or has been convicted of a felony or crime involving moral turpitude in any court of competent jurisdiction.

b. An application contains a false statement of material fact.

c. A professional license or certification held by an applicant or its director has been revoked.

6. Repealed.

C. Education provider certificates shall be renewed by December 31 of each year.

1. Failure to renew a certificate by December 31 shall result in the automatic suspension of all courses approved under the certificate. The board shall not accept any pre-license education, in-field training or continuing education courses for credit, if the courses were offered and/or conducted after the expiration of the certificate.

2. Applications for delinquent renewal of a certificate shall not be accepted by the board after January 31. Failure to renew an expired certificate during the prescribed delinquent period shall result in the forfeiture of renewal rights. Any education provider that becomes ineligible to renew a certificate shall apply as an initial applicant.

1. All pre-licensing education providers shall designate a director, whose duty it shall be to ensure that the operations of the education facility and all training locations adhere to the requirements of the Louisiana home inspector license law and the rules and regulations of the board. The director shall be held responsible to the board for any violations thereof.

2. Directors shall coordinate and disseminate information pertaining to amendments in the license law, rules and regulations, or policies and procedures of the board to all staff, instructors, and employees of the pre-licensing education provider.

1. The board or its representative may inspect any educational facility used by an education provider at any time during regular business hours.

2. Education providers shall be subject to periodic audits and review, as determined by the board, to ensure that courses and field training provided are conducted in accordance with the provisions set forth in this Chapter and R.S. 37:1471, et seq. This may include the observation and evaluation of classroom activities, course content, instructor proficiency, and/or the audit of reporting/attendance records.

3. If the education provider is found deficient in any part of this Section, the board shall prepare a report specifying the areas of deficiency and deliver it to the education provider within 30 days of completion of the report.

4. Any education provider that receives a report of deficiencies shall correct the deficiencies by the date designated by the board and shall submit a report to the Board that outlines the corrective action.

1. Pre-licensing education providers shall maintain accurate and properly indexed records on all students for at least three years after course completion and shall produce those records for inspection upon request of the board. Electronic records shall be maintained in a readily available format that does not prohibit, delay, or otherwise impede inspection.

2. Pre-licensing education providers shall maintain the following records on each student:

a. complete name and address;

b. total educational hours taken and course title;

c. dates of attendance;

d. test scores indications; and

e. a copy of the student contract.

3. Pre-licensing education providers shall provide any student who requests it with a duplicate copy of his/her course completion records.

1. Each pre -licensing education provider shall enter into a written student contract with each student that shall clearly set forth the tuition and fees charged by the provider for the specific course of instruction and the providers refund policy.

2. A copy of the contract, signed by the director of the pre-licensing education provider, shall be provided to the student immediately after both parties sign the contract.

3. Any additional fees charged for supplies, materials, or required books shall be clearly itemized in the contract and such supplies, materials, or books shall become the property of the student upon payment.

4. All other educational providers shall provide the student with documentation, either electronically or otherwise, which clearly sets forth the title, date, location and cost of the course and the number of continuing education or field training hours that are approved by the board for the course.

H. The board shall be notified within 30 calendar days of any change in the address and/or telephone number of education provider and/or director of any education provider.

1. Advertising by certified education providers shall be clear, concise and accurate. All advertisements shall be in the name of the education provider as certified by the board. Advertising by education providers shall not be false or misleading.

2. The board may require an education provider to furnish proof of any advertising claims. The board may order the retraction of advertising that violates the provisions of this Section. Such retractions shall be published in the same manner as the original claim and be paid for by the education provider.

3. Education providers shall not guarantee the passing of the home inspector licensing examination.

1. In order to qualify as a pre-licensing education provider, an applicant shall:

a. pay the pre-licensing education provider fee;

b. provide a syllabus and a course list to the board;

c. agree, in writing, to defend, indemnify and hold the board harmless against any claim or suit alleging negligent or intentional acts or omissions of the education provider in its training, or otherwise, on a form prepared by the board and available for download from the boards website;

d. remain current on all renewal and other fees;

e. employ only certified home inspector instructors; and

f. be approved by the board.

2. In order to qualify as a certified home inspector instructor of a pre-licensing education provider, a person must:

a. have been actively engaged in the legal performance of home inspections for a minimum of three years prior to certification;

b. not have been found guilty of substantial violations of the home inspector licensing law within three years prior to applying;

c. provide evidence that he has performed at least 500 legal home inspections; or

d. be licensed in the field of the subject matter of the particular course instructed; and

e. be approved by the board.

3. In order to qualify as an infield trainer, an applicant shall:

a. have been an actively engaged, Louisiana licensed home inspector for the three years prior to certification;

b. pay the required infield trainer fee(s);

c. be current on all other fees;

d. be current on all continuing education hours;

e. agree, in writing, to defend, indemnify and hold the board harmless against any claim or suit alleging negligent or intentional acts or omissions of the education provider in its training, or otherwise on a form prepared by the board and available for download from the boards website;

f. provide evidence that he has performed at least 500 legal home inspections;

g. not have been found guilty of substantial violations of the home inspector licensing law within three years prior to applying; and

h. be approved by the board.

La. Admin. Code tit. 46, § XL-120

Promulgated by the Department of Economic Development, Board of Home inspectors, LR 30:1687 (August 2004), amended by the Office of the Governor, Board of Home Inspectors, LR 31:2011 (August 2005), LR 35:1520 (August 2009), LR 36:2859 (December 2010), LR 38:2530 (October 2012), LR 41:920 (May 2015), Amended by the Office of the Governor, Board of Home Inspectors, LR 43312 (2/1/2017).

AUTHORITY NOTE: Promulgated in accordance with R.S. 37:1475 and R.S. 37:1485-1487.