<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".12" citation="COMAR 26.11.23.12" title_num="26" subtitle_num="11" chapter_num="23" heading="Action on an Application for Course Approval.">
  <paragraph num="A.">
    <text>The Department will acknowledge receipt of an application within 10 working days after receiving the application.</text>
  </paragraph>
  <paragraph num="B.">
    <text>The Department will act on an application within 90 days after the training provider has met all requirements and paid any required fee.</text>
  </paragraph>
  <paragraph num="C.">
    <text>Approval.</text>
    <paragraph num="(1)">
      <text>The Department will approve a training course if the training provider:</text>
      <paragraph num="(a)">
        <text>Demonstrates the ability to satisfy the requirements in Regulations .04—.11 of this chapter by:</text>
        <paragraph num="(i)">
          <text>Submitting course materials as described in Regulation .10 of this chapter on forms provided by the Department,</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>Employing instructors having academic credentials or field experience in the topic or topics they teach, and</text>
        </paragraph>
        <paragraph num="(iii)">
          <text>Employing instructors who are fluent in the foreign language they are teaching in addition to the requirements in §C(1)(a)(ii) of this regulation;</text>
        </paragraph>
      </paragraph>
      <paragraph num="(b)">
        <text>Pays the appropriate fee or fees as directed in Regulation .10B of this chapter.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>The Department will issue a training provider approval certificate for each course for which approval is sought after written submittals are approved.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>The Department will issue a course approval certificate after a successful on-site audit for all or part of the training course. Videotapes may substitute for the on-site audit at the discretion of the Department.</text>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>Denial.</text>
    <paragraph num="(1)">
      <text>The Department will deny an application if it determines that the applicant has not demonstrated an ability to comply fully with the applicable requirements, procedures, and standards established by the:</text>
      <paragraph num="(a)">
        <text>Department in this chapter;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>U.S. Environmental Protection Agency in 40 CFR 763, which is incorporated by reference; and</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Maryland Occupational Safety and Health in 29 CFR §§1926.1101 and 1910.134 (1997), 63 FR 1152 (January 8, 1998), which are incorporated by reference.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>The Department will send the denial of an application by certified mail. The applicant may request a hearing within 10 days after receipt of the certified mail. If it receives a timely request, the Department will hold a hearing in accordance with State Government Article, § 10-201 et seq., Annotated Code of Maryland.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>The Department may not refund the application fee if an application is denied.</text>
    </paragraph>
  </paragraph>
</regulation>