Section 35054 - Operational Requirements(a) An accredited training provider shall provide facilities for classroom instruction, hands-on training, and simulated field visits. The training provider shall also provide equipment, instructional material, and instructor personnel to provide training needed to achieve the objectives for which the course or continuing education instruction is offered. Equipment shall be maintained in proper working condition and licensed and stored in compliance with applicable requirements and regulations.(b) A student-to-instructor ratio of not greater than ten to one shall be maintained during hands-on training and instructors shall provide attention to and observation of each student's activities.(c) Only an accredited training provider shall be approved to offer continuing education instruction.(d) An accredited training provider shall administer a final examination to eligible students seeking a Course Completion Form in each course or continuing education instruction.(e) A minimum score of 70% shall be considered a passing score on a final examination.(f) An accredited training provider shall allow a student who fails to attain a passing score on a final examination to retake the examination up to two more times within 30 calendar days from the date the original examination was given. These examinations shall be different from, but equivalent to, the original final examination.(g) Within 30 calendar days of a student passing a final examination, an accredited training provider shall issue a completed Course Completion Form to the student and the Department.(h) A final examination shall be designed to test a student's knowledge of information and ability to perform job tasks taught in a course or continuing education instruction. This examination may be administered verbally or in written form, shall be given to student's individually, shall include demonstration testing if hands-on training is done, and shall consist of the following:(1) Demonstration testing shall comprise a minimum of 15% and shall not exceed 35% of the final examination, except for the lead-related construction work course which shall not exceed 50%; and(2) A minimum of 100 questions for the lead-related construction inspection and assessment course and the lead-related construction supervision and project monitoring course; or(3) A minimum of 75 questions for the lead-related construction Certified Industrial Hygienist course; or(4) A minimum of 50 questions for the lead-related construction work course and the lead-related construction supplemental supervision and project monitoring course; or(5) A minimum of 30 questions for the lead-related construction sampling technician course; or(6) A minimum of five questions for each contact hour of continuing education instruction.(i) CDPH Form 8493 (6/07), Course Completion Form, shall contain the following information: (1) Student's name, residence address (and mailing address, if different), telephone number, and date of birth;(2) Student's photo identification number and description of type of identification document;(3) Student's authorization to release, to the Department, information contained on CDPH Form 8493 (6/07), Course Completion Form;(4) Student's verification of understanding that possession of the Course Completion Form does not constitute certification by CDPH;(5) Student's verification of understanding that, to be eligible for interim certification or certification renewal, an application for interim certification or certification shall be made to CDPH within one year of successful completion of the final examination;(6) Student's signature and date;(7) Accredited training provider's name;(8) Title and number of the course or continuing education instruction;(9) Number of contact hours completed;(10) Dates and location(s) of the course or continuing education instruction and CDPH Form 8493 (6/07), Course Completion Form Number and date of student's completion of core instruction if different;(11) Date the student passed the course or continuing education final examination; and(12) Training Director's name, printed or typed, signature, and date verifying, under penalty of perjury, that all information contained on CDPH Form 8493 (6/07), Course Completion Form, is true and correct.(j) An accredited training provider shall maintain, at its principal place of business in California, for at least five years, accurate records of the following: (1) Daily student attendance;(2) Examination results for each student, including results of demonstration testing;(3) Completed Course Completion Forms;(4) Training Director and instructor qualifications;(5) Documentation of approval or authority to operate granted by the Bureau for Private Postsecondary and Vocational Education;(6) Current course curriculum materials and documents reflecting any changes made to these materials;(7) Examinations for each course, including demonstration testing protocol; and(8) Completed student evaluation forms for each course.(k) An accredited training provider shall notify CDPH at least 48 hours prior to offering or canceling a course or continuing education training. The notification shall include type of course or training, instructor(s), date(s), time(s), and location(s), including street address.(l) An accredited training provider shall submit documentation of instructor qualifications as specified in § 35053(b) to CDPH at least 48 hours prior to an instructor teaching a course or continuing education.(m) An accredited training provider shall maintain approval or authority to operate granted by the Bureau for Private Postsecondary and Vocational Education.Cal. Code Regs. Tit. 17, § 35054
1. Renumbering of former section 35034 to new section 35054, including amendment of section and NOTE, filed 3-30-98 as an emergency; operative 3-30-98 (Register 98, No. 14). A Certificate of Compliance must be transmitted to OAL by 7-28-98 or emergency language will be repealed by operation of law on the following day.
2. Renumbering of former section 35034 to new section 35054, including amendment of section and NOTE, refiled 7-20-98 as an emergency; operative 7-29-98 pursuant to Government Code section 11346.1(d) (Register 98, No. 30). A Certificate of Compliance must be transmitted to OAL by 11-27-98 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 7-20-98 order, including amendment of subsections (j)(5) and (m), transmitted to OAL 11-23-98 and filed 1-8-99 (Register 99, No. 2).
4. Amendment of section and NOTE filed 4-30-2008; operative 5-30-2008 (Register 2008, No. 18). Note: Authority cited: Sections 105250, 124160 and 131200, Health and Safety Code. Reference: Sections 105250, 124160 and 131051, Health and Safety Code.
1. Renumbering of former section 35034 to new section 35054, including amendment of section and Note, filed 3-30-98 as an emergency; operative 3-30-98 (Register 98, No. 14). A Certificate of Compliance must be transmitted to OAL by 7-28-98 or emergency language will be repealed by operation of law on the following day.
2. Renumbering of former section 35034 to new section 35054, including amendment of section and Note, refiled 7-20-98 as an emergency; operative 7-29-98 pursuant to Government Code section 11346.1(d) (Register 98, No. 30). A Certificate of Compliance must be transmitted to OAL by 11-27-98 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 7-20-98 order, including amendment of subsections (j)(5) and (m), transmitted to OAL 11-23-98 and filed 1-8-99 (Register 99, No. 2).
4. Amendment of section and Note filed 4-30-2008; operative 5-30-2008 (Register 2008, No. 18).