SECTION 854.21. BET Licenses and Continuing Education Requirement

(a) Natural persons. Licenses to manage a BET facility shall be issued only to natural persons.

(1) Prerequisites. No individual may be licensed until the individual has satisfactorily completed all required BET training and otherwise continues to satisfy the criteria for entry into BET.

(2) Issuance. A license issued by the Agency shall contain the name of the licensee and the date of issue. The license shall be signed by the VRD director and the BET director on behalf of the Agency and the State of Texas.

(3) Display. The license or a copy of the license shall be displayed prominently in each BET facility to which the manager is assigned.

(4) Property right. A license shall not create any property right for the licensee to state or federal property including state- or federally-owned equipment.

(5) Transferability. A license is not transferable.

(6) Term. A license issued by the Agency shall be valid for an indefinite period, subject, however, to termination or revocation under conditions specified in these rules that pertain to termination of a license for reasons other than unsatisfactory performance or administrative action.

(b) Annual continuing education requirements for licensees:

(1) The Agency and ECM conduct an annual training conference for all licensees to inform them of new BET developments and to provide instruction on relevant topics to enhance licensees' business competence and upward mobility in the program. Licensees must attend the Agency's training conference or an Agency-approved alternative training event every year to maintain their licenses and eligibility to bid on available facilities. They must document their attendance at the Agency training conference by signing attendance records provided at the conference. A licensee who is unable to attend the Agency training conference may satisfy the continuing education requirement by attending a BET-approved course or training conference. Such training includes, but is not limited to, attending the national training conferences for blind vendors conducted by the Randolph-Sheppard Vendors of America or by the National Association of Blind Merchants, or by completing a business-related course from the Hadley Institute for the Blind and Visually Impaired or a business-related course offered by an accredited community college.

(2) Licensees wishing to attend an alternative training course or conference must request approval through their local Agency staff. The local Agency staff forwards the request to the BET director for approval. The licensee must also provide proof of successful completion of any business-related course or attendance at a training conference through the local Agency staff to the BET director to receive credit for attendance. All costs associated with travel, lodging, meals, and registration when attending any training other than the Agency training conference will be the responsibility of the licensee.

(3) Licensees may use an alternative approved training course or training conference to satisfy the continuing education requirement only if they are unable to attend the Agency training conference because of personal medical reasons, the death of a family member, a medical emergency or serious medical condition of an immediate family member, or if there is not an Agency training conference offered during the licensee's 12-month evaluation period. Licensees must provide written documentation of the medical issues or death of a family member to their local Agency staff.

(4) Licensees who fail to complete continuing education requirements may be subject to administrative action up to and including termination of their licenses.

Source Note: The provisions of this §854.21 adopted to be effective September 1, 2019, 44 TexReg 3294; amended to be effective July 4, 2022, 47 TexReg 3823