PUBLIC PROTECTION CABINET

Department of Housing, Buildings and Construction

Division of Heating, Ventilation and Air Conditioning

(Amendment)

 

††††† 815 KAR 8:060. Requirements for approval of continuing education courses and providers.

 

††††† RELATES TO: KRS 198B.658, 198B.660, 198B.664, 198B.672, 198B.684

††††† STATUTORY AUTHORITY: KRS 198B.654(1), 198B.684

††††† NECESSITY, FUNCTION, AND CONFORMITY: KRS 198B.654(1) requires the Kentucky Board of Heating, Ventilation, and Air Conditioning Contractors to promulgate administrative regulations necessary to enforce the provisions of KRS 198B.650 to 198B.689. KRS 198B.684 authorizes the board to promulgate an administrative regulation to establish requirements for approval of continuing education courses and providers. This administrative regulation establishes the requirements for approval of continuing education courses and providers.

 

††††† Section 1. Requirements for Continuing Educational Provider Approval. (1) A continuing education provider[Providers] shall either be a:

††††† (a) Trade Association with affiliation to the HVAC trade;

††††† (b) Trade school;

††††† (c) College;

††††† (d) Technical school;

††††† (e) Business dedicated solely to providing continuing education and that provides at least one (1) HVAC course in each of Kentucky's congressional districts quarterly;

††††† (f) HVAC company that employs full-time training personnel to conduct continuing education programs providing continuing education for journeymen only; or

††††† (g) HVAC manufacturer or distributor that employs full-time training personnel to conduct continuing education programs providing continuing education for journeymen only.

††††† (2)(a) A[Each] continuing education course provider shall be approved and registered[register] with the department as required by subsection (3) of this section before submitting course materials for department approval.

††††† (b) Registration shall be valid for two (2) years from the date of issuance.

††††† (3) A course provider[providers] shall apply for registration[register] on Form HVAC-8[HVAC 8], Application for Approval as a Continuing Education Course Provider for HVAC Licensure, provided by the department and shall include the providerís[the following]:

††††† (a) Company name;

††††† (b) Contact person;

††††† (c) Mailing address;

††††† (d) Email address;

††††† (e) Telephone number; and

††††† (f) Fax number.

††††† (4) Each continuing education course provider shall pay a $125 registration fee to the department, which shall be submitted with the Application for Approval as a Continuing Education Course Provider for HVAC Licensure.

††††† (5) The department shall maintain a list of approved continuing education course providers.

††††† (6) A[(5) Each] course provider shall report to the department any change to the information submitted in the initial application within thirty (30) days after the change takes effect.

††††† (7)[(6)] For each course approved, the provider shall distribute a questionnaire to each applicant in attendance for the purpose of rating the course.

 

††††† Section 2. Continuing Education Course Approval. (1) A separate application for approval shall be submitted to the department on Form HVAC-9, Application for Continuing Education Course for HVAC Licensure, for each course offered by the course provider.

††††† (2)(a) The[An] Application for[Approval as a] Continuing Education Course[Provider] for HVAC Licensure shall be submitted only by an approved provider registered with the department.

††††† (b) An application[Applications] shall be submitted at least thirty (30) days prior to the courseís offering.

††††† (3) A continuing education course shall provide instruction in at least one (1) of the subject areas specified in 815 KAR 8:050, Section 1(3)(a) through (d) and Section 2(3)(a) through (d).

††††† (4) The course application shall include[the following]:

††††† (a) The name of the course;

††††† (b) The name and registration number of the provider;

††††† (c) A course syllabus;

††††† (d) The name of the instructor or presenter along with his or her qualifications;

††††† (e) The amount of actual time needed to present the course;

††††† (f) The objectives of the course; and

††††† (g) A statement of the practicality of the course to the HVAC trade.

††††† (5) Content changes made to the course shall require a subsequent submission to the department for review and approval.

††††† (6) Course approval shall be valid for two (2) years from the date of department approval.

††††† (7)(a) The department shall issue a course number for each approved course.

††††† (b) The course number and the providerís number shall appear on all advertisements and certificates for the course.

††††† (8) A provider shall submit to the department a quarterly schedule including dates and locations of courses by January 1, April 1, July 1, and October 1 annually.

††††† (9) A provider[Providers] may submit additional courses to its[their] quarterly schedule if done at least thirty (30) days prior to the course offerings.

††††† (10) Notification of a scheduling change shall be delivered to the department by fax or e-mail to the director of the Division of HVAC[shall receive notification of scheduling changes] at least ten (10) working days prior to the originally scheduled course date[by fax or e-mail to the Director of the Division of HVAC].

††††† (11) Cancellations.

††††† (a) The provider shall give notice of cancellation to registrants no less than five (5) working days prior to the scheduled date of the class[classes] unless the governor declares a state of emergency or other conditions exist that would preclude a five (5) day notification of cancellation.

††††† (b) If a scheduled class is cancelled, the registrant shall have the option to attend a rescheduled class or receive a full refund for the cancelled class from the provider.

††††† (c) A registrant who notifies a provider of registration cancellation no less than[prior to] five (5) working days prior to the[of a] scheduled date of the course may choose either a full refund or to attend a subsequent course.

††††† (d) A provider[Providers] shall not cancel a course with ten (10) or more registrants[,] unless it is the result of an emergency.

 

††††† Section 3. Continuing Education Course Records. (1) For each approved course, a[Each] registered course provider shall establish and maintain for three (3) years[the following records for each approved course]:

††††† (a) A copy of each certificate[Certificates] of completion required by[as provided in] subsection (2) of this section;

††††† (b) The[An] attendance sign-in and sign-out sheet; and

††††† (c) The[A] course syllabus.

††††† (2) Certificates of completion.

††††† (a) A[Each] registered course provider shall issue a certificate of completion to[for] each participant who enrolled and completed an approved continuing education course.

††††† (b) A certificate of completion shall contain[the following information about the individual participant]:

††††† 1. The name of the individual participant;

††††† 2. The address of the individual participant;

††††† 3. The license number of the individual participant;

††††† 4. The date of attendance; and

††††† 5. The name of the course completed.

††††† (c) One (1) copy of the certificate of completion shall be:

††††† 1. Sent to the department electronically;

††††† 2. Retained on file by the provider in compliance with subsection (1) of this section; and

††††† 3. Given to the participant upon completion of the course.

 

††††† Section 4. Course Audits. (1) Records requested in writing by the department shall be delivered to the department within ten (10) days of the date of the request[requesting date].

††††† (2) Representatives of the department may attend an approved continuing education course to ensure that the course meets the stated objectives and that applicable requirements are being met.

 

††††† Section 5. Disciplinary Action. Provider approval shall be denied or revoked if the department determines that the provider:

††††† (1) Obtains, or attempts to obtain, registration or course approval through fraud, false statements, or misrepresentation;

††††† (2) Does not provide complete and accurate information in either the initial registration or in notification of changes to the information;

††††† (3) Advertises a course as being approved by the department prior to receiving approval; or

††††† (4) Fails to comply with the requirements of this administrative regulation.

 

††††† Section 6. Incorporation by Reference. (1) The following material is incorporated by reference:

††††† (a) Form HVAC-8[HVAC 8], "Application for Approval as a Continuing Education Course Provider for HVAC Licensure", July 2014[January 2010]; and

††††† (b) Form HVAC-9[HVAC 9], "Application for Continuing Education Course for HVAC Licensure", July 2014[January 2010].

††††† (2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Department of Housing, Buildings and Construction, HVAC Division, 101 Sea Hero Road, Suite 100, Frankfort, Kentucky 40601-5412[5405], Monday through Friday, 8 a.m. to 4:30 p.m.

 

AMBROSE WILSON IV, Commissioner

LARRY R. BOND, Acting Secretary

††††† APPROVED BY AGENCY: October 10, 2014

††††† FILED WITH LRC: October 14, 2014 at 10 a.m.

††††† PUBLIC HEARING AND PUBLIC COMMENT PERIOD: A public hearing on this administrative regulation shall be held on November 24, 2014, at 10:00 a.m., EDT, in the Department of Housing, Buildings and Construction, 101 Sea Hero Road, Suite 100, Frankfort, Kentucky. Individuals interested in being heard at this hearing shall notify this agency in writing by November 17, 2014 (five working days prior to the hearing) of their intent to attend. If no notification of intent to attend the hearing is received by that date, the hearing may be canceled. The hearing is open to the public. Any person who wishes to be heard will be given an opportunity to comment on the proposed administrative regulation. A transcript of the public hearing will not be made unless a written request for a transcript is made. If you do not wish to be heard at the public hearing, you may submit written comments on the proposed administrative regulation. Written comments shall be accepted until close of business on December 1, 2014. Send written notification of intent to be heard at the public hearing or written comments on the proposed administrative regulation by the above date to the contact person:

††††† CONTACT PERSON: Michael T. Davis, General Counsel, Department of Housing, Buildings and Construction, 101 Sea Hero Road, Suite 100, Frankfort, Kentucky 40601-5412, phone 502-573-0365, ext. 144, fax 502-573-1057.

 

REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT

 

Contact person: Michael T. Davis

††††† (1) Provide a brief summary of:

††††† (a) What this administrative regulation does: This administrative regulation establishes the process for continuing education provider registration and course approval.

††††† (b) The necessity of this administrative regulation: This administrative regulation is necessary in order to implement KRS Chapter 198B.650 to 198B.689; specifically, the regulatory authority of the Board of HVAC Contractors over continuing education requirements for HVAC licensees and certificate holders established in KRS 198B.684.

††††† (c) How this administrative regulation conforms to the content of the authorizing statutes: KRS 198B.684 authorizes the Board to promulgate administrative regulations governing the standards for continuing education for HVAC licensees and certificate holders.

††††† (d) How this administrative regulation currently assists or will assist in the effective administration of the statutes: This administrative regulation directly implements the authorizing statutes and establishes the continuing education requirements for licensees and certificate holders authorized by KRS 198B.684.

††††† (2) If this is an amendment to an existing administrative regulation, provide a brief summary of:

††††† (a) How the amendment will change this existing administrative regulation: This amendment establishes a continuing education provider registrations fee necessary to offset the administrative costs associated with processing such applications and implementing the continuing education program.

††††† (b) The necessity of the amendment to this administrative regulation: The new fee is calculated to generate sufficient revenue to sustain the administrative cost of the associated services being provided and still maintain a minimum level and quality of statewide service without an increase in staffing levels.

††††† (c) How the amendment conforms to the content of the authorizing statutes: This amendment implements the fee approved by the board consistent with the boardís mandate in KRS 198B.684.

††††† (d) How the amendment will assist in the effective administration of the statutes: The fee established by this amendment will provide the necessary funding for the Division of HVAC to continue performing the administrative services associated with the fee.

††††† (3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation: All individuals and entities engaged in providing HVAC continuing education for Kentucky licensees and certificate holders.

††††† (4) Provide an analysis of how the entities identified in question (3) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including;

††††† (a) List the actions that each of the regulated entities identified in question (3) will have to comply with this administrative regulation or amendment: This regulation does not require new action by HVAC continuing education providers. It merely establishes a registration fee to cover the administrative costs to the Division of HVAC in managing the existing registration program.

††††† (b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3): Each continuing education course provider will be required to pay a $125 registration fee with each registration. Per 815 KAR 8:060, Section 1(2)(b), the registration is valid for two (2) years. The fee must be submitted with each new registration.

††††† (c) As a result of compliance, what benefits will accrue to the entities identified in question (3): The primary benefit of the new fee will be the ability to the Division of HVAC to continue managing the provider registration program as required by this regulation.

††††† (5) Provide an estimate of how much it will cost to implement this administrative regulation:

††††† (a) Initially: There are no anticipated additional costs to administer this amendment.

††††† (b) On a continuing basis: There are no anticipated additional costs to administer this regulatory amendment.

††††† (6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation: Implementation of these amendments is anticipated to require any additional funding other than the fee proposed herein. This amendment will serve as the additional source of funding for maintaining the Division of HVACís current level of service regarding registration of continuing education providers. It is not anticipated that any other source of funding will be required for implementation and enforcement.

††††† (7) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change if it is an amendment: This amendment establishes a new registration fee in order to fund the current Division of HVAC administrative functions implemented by this administrative regulation.

††††† (8) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees: This administrative regulation establishes a new registration fee of $125 applicable to all HVAC continuing education providers. This increase is necessary to offset the actual administrative costs of the service and thereby minimize the effect of significantly increased expenditures beyond agency control, including those associated with Actuarially-Required Retirement Contributions (ARC), the Commonwealth Office of Technology (COT), enacted employee raises, and rising employee healthcare costs. OSBD has increased projected Current Receipts for FY15 and FY16 in anticipation of this and other HVAC-related proposed increases so that expenditures could be covered while maintaining a minimum level and quality of statewide service. The additional revenue generated from the proposed fee increases will be used to support the actual costs of the existing service without drawing from other division revenues, and thereby contribute toward the divisionís efforts to more closely bring revenues in line with existing expenditures to administer its statutorily-mandated permitting, inspection and enforcement program.

††††† (9) TIERING: Is tiering applied? Tiering is not applied as all individuals registering as HVAC continuing education providers will be subject to the new fee.

 

FISCAL NOTE ON STATE OR LOCAL GOVERNMENT

 

††††† 1. What units, parts or divisions of state or local government (including cities, counties, fire departments, or school districts) will be impacted by this administrative regulation? The Department of Housing, Buildings and Construction, Division of HVAC.

††††† 2. Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation. This regulation is authorized by KRS 198B.684.

††††† 3. Estimate the effect of this administrative regulation on the expenditures and revenues of a state or local government agency (including cities, counties, fire departments, or school districts) for the first full year the administrative regulation is to be in effect.

††††† (a) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for the first year? This regulation, as amended, is expected to generate approximately $6,250 during the first year. There are approximately 100 continuing education providers registered with the Division of HVAC. Their registrations are valid for two (2) years, and expire throughout the year based on their registration anniversary. The Division of HVAC anticipates revenues from this new fee in the amount of $12,500 over a two (2) year period.

††††† (b) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for subsequent years? See 3(a) above. Approximately $12,500 will be generated every two (2) years by this administrative regulation, or $6,250 allocated annually.

††††† (c) How much will it cost to administer this program for the first year? There are no anticipated additional costs to administer this regulatory amendment.

††††† (d) How much will it cost to administer this program for subsequent years? There are no anticipated additional costs to administer this regulatory amendment.

††††† Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.

††††† Revenues (+/-): †††† Increase.

††††† Expenditures (+/-): Neutral.

††††† Other Explanation: N/A.