1.1.................... moves to amend H.F. No. 3360 as follows:
1.2Delete everything after the enacting clause and insert:

1.3    "Section 1. Minnesota Statutes 2008, section 326B.821, as amended by Laws 2009,
1.4chapter 78, article 5, section 21, is amended to read:
1.6    Subdivision 1. Standards Purpose. The commissioner may by rule adopt standards
1.7for continuing education requirements and course and instructor approval. The purpose
1.8of this section is to establish standards for residential building contractor continuing
1.9education. The standards must include requirements for continuing education in the
1.10implementation of energy codes or energy conservation measures applicable to residential
1.11buildings and other building codes designed to conserve energy.
1.12    Subd. 2. Hours. A qualifying person of a licensee must provide proof of completion
1.13of 14 hours of continuing education per two-year licensure period in the regulated industry
1.14in which the licensee is licensed.
1.15    Credit may not be earned if the licensee has previously obtained credit for the same
1.16course as either a student or instructor during the same licensing period.
1.17    Subd. 3. Accessibility. To the extent possible, the commissioner shall ensure that
1.18continuing education courses are offered throughout the state and are easily accessible
1.19to all licensees.
1.20    Subd. 4. Renewal of approval. The commissioner is authorized to establish a
1.21procedure for renewal of course approval.
1.22    Subd. 5. Content. (a) Continuing education consists of approved courses that impart
1.23appropriate and related knowledge in the regulated industries residential construction
1.24industry pursuant to sections 326B.802 to 326B.885 and other relevant federal and state
1.25laws, rules, and regulations. Courses may include relevant materials that are included in
1.26licensing exams subject to the limitations imposed in paragraph (e) subdivision 11. The
2.1burden of demonstrating that courses impart appropriate and related knowledge is upon
2.2the person seeking approval or credit.
2.3    (b) Except as required for Internet continuing education, course examinations will
2.4not be required for continuing education courses unless they are required by the sponsor.
2.5    (c) Textbooks are not required to be used for continuing education courses. If
2.6textbooks are not used, the coordinator sponsor must provide students with a syllabus
2.7containing, at a minimum, the course title, the times and dates of the course offering, the
2.8names and addresses or name, address, and telephone numbers number of the course
2.9coordinator and , sponsor, the name of the instructor, and a detailed outline of the subject
2.10materials to be covered. Any written or printed material given to students must be of
2.11readable quality and contain accurate and current information.
2.12    (d) Upon completion of an approved course, licensees shall earn one hour of
2.13continuing education credit for each hour approved by the commissioner. One credit
2.14hour of continuing education is equivalent to 50 minutes of educational content. Each
2.15continuing education course must be attended in its entirety in order to receive credit for
2.16the number of approved hours. Courses may be approved for full or partial credit, and for
2.17more than one regulated industry.
2.18    Continuing education credit in an approved course shall be awarded to presenting
2.19instructors on the basis of one credit for each hour of preparation for the duration of the
2.20initial presentation, which may not exceed three hours total credit for each approved
2.21course. Continuing education credit may not be earned if the licensee has previously
2.22obtained credit for the same course as a licensee or as an instructor within the three years
2.23immediately prior.
2.24(e) Courses will be approved using the following guidelines:
2.25(1) course content must demonstrate significant intellectual or practical content and
2.26deal with matters directly related to the practice of residential construction, workforce
2.27safety, or the business of running a residential construction company. Courses may also
2.28address the professional responsibility or ethical obligations of residential contractors to
2.29homeowners and suppliers;
2.30(2) the following courses may be automatically approved if they are specifically
2.31designed for the residential construction industry and are in compliance with paragraph (f):
2.32(i) courses approved by the Minnesota Board of Continuing Legal Education; or
2.33(ii) courses approved by the International Code Council, National Association of
2.34Home Building, or other nationally recognized professional organization of the residential
2.35construction industry; and
3.1(3) courses must be presented and attended in a suitable classroom or construction
3.2setting, except for Internet education courses which must meet the requirements of
3.3subdivision 5a. Courses presented via video recording, simultaneous broadcast, or
3.4teleconference may be approved provided the sponsor is available at all times during the
3.5presentation, except for Internet education courses which must meet the requirements
3.6of subdivision 5a.
3.7    (e) (f) The following courses will not be approved for credit:
3.8    (1) courses designed solely to prepare students for a license examination;
3.9    (2) courses in mechanical office or business skills, including typing, speed reading,
3.10or other machines or equipment. Computer courses are allowed, if appropriate and related
3.11to the regulated residential construction industry of the licensee;
3.12    (3) courses in sales promotion, including meetings held in conjunction with the
3.13general business of the licensee;
3.14    (4) courses in motivation, salesmanship, psychology, or personal time management,
3.15or communication; or
3.16    (5) courses that are primarily intended to impart knowledge of specific products of
3.17specific companies, if the use of the product or products relates to the sales promotion or
3.18marketing of one or more of the products discussed.; or
3.19(6) courses that include code provisions that have not been adopted into the State
3.20Building Code unless the course materials clarify whether or not the code provisions have
3.21been officially adopted into a future version of the State Building Code and the effective
3.22date of enforcement, if applicable.
3.23    Subd. 5a. Internet continuing education. (a) The design and delivery of an Internet
3.24continuing education course must be approved by the International Distance Education
3.25Certification Center (IDECC) before the course is submitted for the commissioner's
3.26approval. The IDECC approval must accompany the course submittal.
3.27(b) An Internet continuing education course must:
3.28(1) specify the minimum computer system requirements;
3.29(2) provide encryption that ensures that all personal information, including the
3.30student's name, address, and credit card number, cannot be read as it passes across the
3.32(3) include technology to guarantee seat time;
3.33(4) include a high level of interactivity;
3.34(5) include graphics that reinforce the content;
3.35(6) include the ability for the student to contact an instructor within a reasonable
3.36amount of time;
4.1(7) include the ability for the student to get technical support within a reasonable
4.2amount of time;
4.3(8) include a statement that the student's information will not be sold or distributed
4.4to any third party without prior written consent of the student. Taking the course does not
4.5constitute consent;
4.6(9) be available 24 hours a day, seven days a week, excluding minimal downtime
4.7for updating and administration, except that this provision does not apply to live courses
4.8taught by an actual instructor and delivered over the Internet;
4.9(10) provide viewing access to the online course at all times to the commissioner,
4.10excluding minimal downtime for updating and administration;
4.11(11) include a process to authenticate the student's identity;
4.12(12) inform the student and the commissioner how long after its purchase a course
4.13will be accessible;
4.14(13) inform the student that license education credit will not be awarded for taking
4.15the course after it loses its status as an approved course;
4.16(14) provide clear instructions on how to navigate through the course;
4.17(15) provide automatic bookmarking at any point in the course;
4.18(16) provide questions after each unit or chapter that must be answered before the
4.19student can proceed to the next unit or chapter;
4.20(17) include a reinforcement response when a quiz question is answered correctly;
4.21(18) include a response when a quiz question is answered incorrectly;
4.22(19) include a final examination in which the student must correctly answer 70
4.23percent of the questions. The examination must consist of not fewer than ten questions
4.24for each hour of credit;
4.25(20) allow the student to go back and review any unit at any time, except during the
4.26final examination;
4.27(21) provide a course evaluation at the end of the course. At a minimum, the
4.28evaluation must ask the student to report any difficulties caused by the online education
4.29delivery method;
4.30(22) provide a completion certificate when the course and exam have been completed
4.31and the provider has verified the completion. Electronic certificates are sufficient; and
4.32(23) allow the commissioner the ability to electronically review the class to
4.33determine if credit can be approved.
4.34(c) The final examination must be either an encrypted online examination or a
4.35paper examination that is monitored by a proctor who certifies that the student took the
5.1    Subd. 6. Course approval. (a) Courses must be approved by the commissioner
5.2in advance and will be approved on the basis of the applicant's compliance with the
5.3provisions of this section relating to continuing education in the regulated industries. The
5.4commissioner shall make the final determination as to the approval and assignment of
5.5credit hours for courses. Courses must be at least one hour in length.
5.6    Individuals Licensees requesting credit for continuing education courses that have
5.7not been previously approved shall, on a form prescribed by the commissioner, submit an
5.8application for approval of continuing education credit accompanied by a nonrefundable
5.9fee of $10 $20 for each course to be reviewed. To be approved, courses must be in
5.10compliance with the provisions of this section governing the types of courses that will
5.11and will not be approved.
5.12    Approval will not be granted for time spent on meals or other unrelated activities.
5.13Breaks may not be accumulated in order to dismiss the class early. Classes shall not be
5.14offered by a provider to any one student for longer than eight hours in one day, excluding
5.15meal breaks.
5.16    (b) Application for course approval must be submitted 30 days before the course
5.18    (c) Approval must be granted for a subsequent offering of identical continuing
5.19education courses without requiring a new application if a notice of the subsequent
5.20offering is filed with the commissioner at least 30 days in advance of the date the course is
5.21to be held. The commissioner shall deny future offerings of courses if they are found not
5.22to be in compliance with the laws relating to course approval.
5.23    Subd. 7. Courses open to all. All course offerings must be open to any interested
5.24individuals. Access may be restricted by the sponsor based on class size only. Courses
5.25must not be approved if attendance is restricted to any particular group of people, except
5.26for company-sponsored courses allowed by applicable law.
5.27    Subd. 8. Course coordinator sponsor. (a) Each course of study shall have at
5.28least one coordinator sponsor, approved by the commissioner, who is responsible for
5.29supervising the program and ensuring compliance with all relevant law. Sponsors may
5.30engage an additional approved coordinator sponsor in order to assist the coordinator
5.31sponsor or to act as a substitute for the coordinator sponsor in the event of an emergency
5.32or illness.
5.33    (b) The commissioner shall approve as a coordinator a person meeting one or more
5.34of the following criteria:
5.35    (1) at least three years of full-time experience in the administration of an education
5.36program during the five-year period immediately before the date of application;
6.1    (2) a degree in education plus two years' experience during the immediately
6.2preceding five-year period in one of the regulated industries for which courses are being
6.3approved; or
6.4    (3) a minimum of five years' experience within the previous six years in the regulated
6.5industry for which courses are held.
6.6(b) Sponsors must submit an application and sworn statement stating they agree to
6.7abide by the requirements of this section and any other applicable statute or rule pertaining
6.8to residential construction continuing education.
6.9(c) A sponsor may also be an instructor.
6.10(d) Failure to comply with requirements may result in loss of sponsor approval for
6.11up to two years in accordance with section 326B.082.
6.12    Subd. 9. Responsibilities. A coordinator sponsor is responsible for:
6.13    (1) ensuring compliance with all laws and rules relating to continuing educational
6.14offerings governed by the commissioner;
6.15    (2) ensuring that students are provided with current and accurate information relating
6.16to the laws and rules governing their licensed activity;
6.17    (3) supervising and evaluating courses and instructors. Supervision includes
6.18ensuring that all areas of the curriculum are addressed without redundancy and that
6.19continuity is present throughout the entire course;
6.20    (4) ensuring that instructors are qualified to teach the course offering;
6.21    (5) furnishing the commissioner, upon request, with copies of course and instructor
6.22evaluations and qualifications of instructors. Evaluations must be completed by students
6.23at the time the course is offered and by coordinators sponsors within five days after the
6.24course offering;
6.25    (6) investigating complaints related to course offerings or instructors. A copy of
6.26the written complaint must be sent to the commissioner within ten days of receipt of
6.27the complaint and a copy of the complaint resolution must be sent not more than ten
6.28days after resolution is reached;
6.29    (7) maintaining accurate records relating to course offerings, instructors, tests
6.30taken by students if required, and student attendance for a period of three years from the
6.31date on which the course was completed. These records must be made available to the
6.32commissioner upon request. In the event that a sponsor ceases operation for any reason,
6.33the coordinator is responsible for maintaining the records or providing a custodian for the
6.34records acceptable to the commissioner. The coordinator must notify the commissioner
6.35of the name and address of that person. In order to be acceptable to the commissioner,
6.36custodians must agree to make copies of acknowledgments available to students at a
7.1reasonable fee. Under no circumstances will the commissioner act as custodian of the
7.2records; In the event the sponsor ceases operations before termination of the sponsor
7.3application, the sponsor must provide to the commissioner digital copies of all course and
7.4attendance records of courses held for the previous three years;
7.5    (8) ensuring that the coordinator is available to instructors and students throughout
7.6course offerings and providing to the students and instructor the name of the coordinator
7.7and a telephone number at which the coordinator can be reached;
7.8    (9) (8) attending workshops or instructional programs as reasonably required by
7.9the commissioner;
7.10    (10) (9) providing course completion certificates within ten days of, but not before,
7.11completion of the entire course. Course completion certificates must be completed in
7.12their entirety. Course completion certificates must contain the following statement: "If
7.13you have any comments about this course offering, please mail them to the Minnesota
7.14Department of Labor and Industry." The current address of the department must be
7.15included. A coordinator sponsor may require payment of the course tuition as a condition
7.16for receiving the course completion certificate; and
7.17    (11) (10) notifying the commissioner in writing within ten days of any change in the
7.18information in an application for approval on file with the commissioner.
7.19    Subd. 10. Instructors. (a) Each continuing education course shall have an instructor
7.20who is qualified by education, training, or experience to ensure competent instruction.
7.21Failure to have only qualified instructors teach at an approved course offering will result in
7.22loss of course approval. Coordinators Sponsors are responsible to ensure that an instructor
7.23is qualified to teach the course offering.
7.24    (b) Qualified continuing education instructors must have one of the following
7.26    (1) a four-year degree in any area plus two years' practical experience in the subject
7.27area being taught;
7.28    (2) five (1) four years' practical experience in the subject area being taught; or
7.29    (3) (2) a college or graduate degree in the subject area being taught.;
7.30(3) direct experience in the development of laws, rules, or regulations related to the
7.31residential construction industry; or
7.32(4) demonstrated expertise in the subject area being taught.
7.33    (c) Approved instructors are responsible for:
7.34    (1) compliance with all laws and rules relating to continuing education;
7.35    (2) providing students with current and accurate information;
7.36    (3) maintaining an atmosphere conducive to learning in the classroom;
8.1    (4) verifying attendance of students, and certifying course completion;
8.2    (5) providing assistance to students and responding to questions relating to course
8.3materials; and
8.4    (6) attending the workshops or instructional programs that are required by the
8.6    Subd. 11. Prohibited practices for coordinators sponsors and instructors. (a)
8.7In connection with an approved continuing education course, coordinators sponsors and
8.8instructors shall not:
8.9    (1) recommend or promote the services or practices of a particular business;
8.10    (2) encourage or recruit individuals to engage the services of, or become associated
8.11with, a particular business;
8.12    (3) use materials, clothing, or other evidences of affiliation with for the sole purpose
8.13of promoting a particular entity business;
8.14    (4) require students to participate in other programs or services offered by the an
8.15instructor, coordinator, or sponsor;
8.16    (5) attempt, either directly or indirectly, to discover questions or answers on an
8.17examination for a license;
8.18    (6) disseminate to any other person specific questions, problems, or information
8.19known or believed to be included in licensing examinations;
8.20    (7) misrepresent any information submitted to the commissioner;
8.21    (8) fail to cover, or ensure coverage of, all points, issues, and concepts contained in
8.22the course outline approved by the commissioner during the approved instruction; or
8.23    (9) issue inaccurate course completion certificates.
8.24    (b) Coordinators Sponsors shall notify the commissioner within ten days of a felony
8.25or gross misdemeanor conviction or of disciplinary action taken against an occupational or
8.26professional license held by the coordinator sponsor or an instructor teaching an approved
8.27course. The notification shall be grounds for the commissioner to withdraw the approval
8.28of the coordinator sponsor and to disallow the use of the sponsor or instructor.
8.29    Subd. 12. Fees. Fees for an approved course of study and related materials must
8.30be clearly identified to students. In the event that a course is canceled for any reason, all
8.31fees must be returned within 15 days from the date of cancellation. In the event that a
8.32course is postponed for any reason, students shall be given the choice of attending the
8.33course at a later date or having their fees refunded in full within 15 days from the date
8.34of postponement. If a student is unable to attend a course or cancels the registration in a
8.35course, sponsor policies regarding refunds shall govern.
9.1    Subd. 13. Facilities. Except for Internet education offered pursuant to subdivision
9.25a, each course of study must be conducted in a classroom or other facility that is adequate
9.3to comfortably accommodate the instructors and the number of students enrolled. The
9.4sponsor may limit the number of students enrolled in a course. Approved courses may be
9.5held on the premises of a company doing business in the regulated area only when the
9.6company is sponsoring the course offering, or where product application is appropriate
9.7and related.
9.8    Subd. 14. Supplementary materials. An adequate supply of supplementary
9.9materials to be used or distributed in connection with an approved course must be available
9.10at the time and place of the course offering in order to ensure that each student receives all
9.11of the necessary materials. Outlines and any other materials that are reproduced must be
9.12of readable quality.
9.13    Subd. 15. Advertising courses. (a) Paragraphs (b) to (g) govern the advertising
9.14of continuing education courses.
9.15    (b) Advertising must be truthful and not deceptive or misleading. Courses may not
9.16be advertised in any manner as approved for continuing education credit unless approval
9.17has been granted in writing by the commissioner.
9.18    (c) No Once a course is approved, all advertisement, pamphlet, circular, or other
9.19similar materials pertaining to an approved offering may be course circulated or distributed
9.20in this state, unless must prominently display the following statement is prominently
9.22    "This course has been approved by the Minnesota Department of Labor and Industry
9.23for ....... (approved number of hours) hours for residential contractor continuing .......
9.24(relevant industry) education."
9.25    (d) Advertising of approved courses must be clearly distinguishable from the
9.26advertisement of other nonapproved courses and services.
9.27    (e) Continuing education courses may not be advertised before approval unless
9.28the course is described in the any advertising as "approval pending" and an application
9.29for approval has been timely submitted to the commissioner and a denial has not been
9.30received. The sponsor must verbally notify licensees before commencement of the course
9.31if the course has been denied credit, has not been approved for credit, or has only been
9.32approved for partial credit by the commissioner.
9.33    (f) The number of hours for which a course has been approved must be prominently
9.34displayed on an advertisement for the course. If the course offering is longer than the
9.35number of hours of credit to be given, it must be clear that credit is not earned for the
9.36entire course.
10.1    (g) The course approval number must not be included in any advertisement.
10.2    Subd. 16. Notice to students. At the beginning of each approved offering, the
10.3following notice must be handed out in printed form or must be read to students:
10.4    "This educational offering is recognized by the Minnesota Department of Labor
10.5and Industry as satisfying ....... (insert number of hours approved) hours of credit
10.6toward residential contractor continuing ....... (insert appropriate industry) education
10.8    Subd. 17. Audits. The commissioner reserves the right to audit subject offerings
10.9with or without notice to the sponsor.
10.10    Subd. 18. Falsification of reports. A licensee, its qualified person, or an applicant
10.11found to have falsified an education report to the commissioner shall be considered to
10.12have violated the laws relating to the industry for which the person has a license and
10.13shall be subject to censure, limitation, condition, suspension, or revocation of the license
10.14or denial of the application for licensure.
10.15    The commissioner reserves the right to audit a licensee's continuing education
10.17    Subd. 19. Waivers and extensions. If a licensee provides documentation to the
10.18commissioner that the licensee or its qualifying person is unable, and will continue to be
10.19unable, to attend actual classroom course work because of a physical disability, medical
10.20condition, or similar reason, attendance at continuing education courses shall be waived
10.21for a period not to exceed one year. The commissioner shall require that the licensee
10.22or its qualifying person satisfactorily complete a self-study program to include reading
10.23a sufficient number of textbooks, or listening to a sufficient number of tapes, related
10.24to the regulated residential building contractor industry, as would be necessary for the
10.25licensee to satisfy continuing educational credit hour needs. The commissioner shall
10.26award the licensee credit hours for a self-study program by determining how many credit
10.27hours would be granted to a classroom course involving the same material and giving the
10.28licensee the same number of credit hours under this section. The licensee may apply each
10.29year for a new waiver upon the same terms and conditions as were necessary to secure the
10.30original waiver, and must demonstrate that in subsequent years, the licensee was unable to
10.31complete actual classroom course work. The commissioner may request documentation
10.32of the condition upon which the request for waiver is based as is necessary to satisfy
10.33the commissioner of the existence of the condition and that the condition does preclude
10.34attendance at continuing education courses.
10.35    Upon written proof demonstrating a medical hardship, the commissioner shall
10.36extend, for up to 90 days, the time period during which the continuing education must be
11.1successfully completed. Loss of income from either attendance at courses or cancellation
11.2of a license is not a bona fide financial hardship. Requests for extensions must be
11.3submitted to the commissioner in writing no later than 60 days before the education is
11.4due and must include an explanation with verification of the hardship, plus verification of
11.5enrollment at an approved course of study on or before the extension period expires.
11.6    Subd. 20. Reporting requirements. Required continuing education must be
11.7reported in a manner prescribed by the commissioner. Licensees are responsible for
11.8maintaining copies of course completion certificates.
11.9    Subd. 21. Residential building contractor, remodeler, and roofer education. (a)
11.10Each licensee must, during the licensee's first complete continuing education reporting
11.11period, complete and report one hour of continuing education relating to lead abatement
11.12rules in safe lead abatement procedures.
11.13    (b) (a) Each licensee must, during each continuing education reporting period,
11.14complete and report one hour of continuing education relating to energy codes for or
11.15energy conservation measures applicable to residential buildings and other building codes
11.16designed to conserve energy.
11.17(b) Immediately following the adoption date of a new residential code, the
11.18commissioner may prescribe that up to seven of the required 14 hours of continuing
11.19education credit per licensure period include education hours specifically designated to
11.20instruct licensees on new or existing State Building Code provisions.
11.21    Subd. 22. Continuing education approval. (a) Continuing education courses must
11.22be approved in advance by the commissioner of labor and industry. "Sponsor" means any
11.23person or entity offering approved education.
11.24    (b) For coordinators with an initial approval date before August 1, 2005, approval
11.25will expire on December 31, 2005. For courses with an initial approval date on or before
11.26December 31, 2000, approval will expire on April 30, 2006. For courses with an initial
11.27approval date after January 1, 2001, but before August 1, 2005, approval will expire
11.28on April 30, 2007.
11.29    Subd. 23. Continuing education fees. The following fees shall be paid to the
11.31    (1) initial course approval, $10 $20 for each hour or fraction of one hour of
11.32continuing education course approval sought. Initial course approval expires on the last
11.33day of the 24th month after the course is approved;
11.34    (2) renewal of course approval, $10 $20 per course. Renewal of course approval
11.35expires on the last day of the 24th month after the course is renewed;
12.1    (3) initial coordinator approval, $100. Initial coordinator approval expires on the last
12.2day of the 24th month after the coordinator is approved; and
12.3    (4) renewal of coordinator approval, $10 $20. Renewal of coordinator approval
12.4expires on the last day of the 24th month after the coordinator is renewed.
12.5    Subd. 24. Refunds. All fees paid to the commissioner under this section are
12.6nonrefundable, except that an overpayment of a fee shall be returned upon proper

12.8    Sec. 2. REPEALER.
12.9Minnesota Statutes 2008, section 326B.82, subdivisions 3, 4, and 9, are repealed."
12.10Amend the title accordingly