10.9—Continuing education providers and continuing education programs.
        
        (a) 
        
            Continuing education
 providers —(1) In general. 
 Continuing education providers are those
 responsible for presenting continuing education
 programs. A continuing education provider
 must—
    
    
    
        
        (ii) 
         Be recognized for continuing education
 purposes by the licensing body of any State,
 territory, or possession of the United States,
 including a Commonwealth, or the District of
 Columbia;
    
    
        
        (iii) 
         Be recognized and approved by a
 qualifying organization as a provider of
 continuing education on subject matters within  §
 10.6(f) of this part. The Internal Revenue Service
 may, at its discretion, identify a professional
 organization, society or business entity that
 maintains minimum education standards comparable
 to those set forth in this part as a qualifying
 organization for purposes of this part in
 appropriate forms, instructions, and other
 appropriate guidance; or
    
    
        
        (iv) 
         Be recognized by the Internal Revenue
 Service as a professional organization, society,
 or business whose programs include offering
 continuing professional education opportunities in
 subject matters within  § 10.6(f) of this part. The
 Internal Revenue Service, at its discretion, may
 require such professional organizations,
 societies, or businesses to file an agreement
 and/or obtain Internal Revenue Service approval of
 each program as a qualified continuing education
 program in appropriate forms, instructions or
 other appropriate guidance.
    
    
        
        (2) 
        
            Continuing education provider
 numbers —(i) In general. A
 continuing education provider is required to
 obtain a  continuing education
 provider number and pay any applicable user
 fee.
    
    
        
        (ii) Renewal.
         A continuing
 education provider maintains its status as a
 continuing education provider during the
 continuing education provider cycle by renewing
 its continuing education provider number as
 prescribed by forms, instructions or other
 appropriate guidance and paying any applicable
 user fee.
    
    
        
        (3) 
        
            Requirements for qualified
 continuing education programs. A continuing
 education provider must ensure the qualified
 continuing education program complies with all the
 following requirements—
    
    
    
    
        
        (iii) 
         Instructors, discussion leaders, and
 speakers must be qualified with respect to program
 content;
    
    
        
        (iv) 
         Programs must include some means for
 evaluation of the technical content and
 presentation to be evaluated;
    
    
        
        (v) 
         Certificates of completion bearing a
 current qualified continuing education program
 number issued by the Internal Revenue Service must
 be provided to the participants who successfully
 complete the program; and
    
    
        
        (vi) 
         Records must be maintained by the
 continuing education provider to verify the
 participants who attended and completed the
 program for a period of four years following
 completion of the program. In the case of
 continuous conferences, conventions, and the like,
 records must be maintained to verify completion of
 the program and attendance by each participant at
 each segment of the program.
    
    
        
        (4) Program numbers—
        
        (i) In general.
         Every continuing education
provider is required to obtain a continuing
education provider program number and pay any
applicable user fee for each program offered.
Program numbers shall be obtained as prescribed by
forms, instructions or other appropriate guidance.
Although, at the discretion of the Internal
Revenue Service, a continuing education provider
may be required to demonstrate that the program is
designed to enhance professional knowledge in
Federal taxation or Federal tax related matters
(programs comprised of current subject matter in
Federal taxation or Federal tax related matters,
including accounting, tax return preparation
software, taxation, or ethics) and complies with
the requirements in paragraph (a)(2)of this
section before a program number is issued.
    
    
        
        (ii) Update programs.
         Update
 programs may use the same number as the program
 subject to update. An update program is a program
 that instructs on a change of existing law
 occurring within one year of the update program
 offering. The qualifying education program subject
 to update must have been offered within the two
 year time period prior to the change in existing
 law.
    
    
        
        (iii) Change in existing law.
         A
 change in existing law means the effective date of
 the statute or regulation, or date of entry of
 judicial decision, that is the subject of the
 update.
    
    
        
        (b) Failure to comply.
         Compliance
 by a continuing education provider with the
 requirements of this part is determined by the
 Internal Revenue Service. A continuing education
 provider who fails to meet the requirements of
 this part will be notified by the Internal Revenue
 Service. The notice will state the basis for the
 determination of noncompliance and will provide
 the continuing education provider an opportunity
 to furnish the requested information in writing
 relating to the matter within 60 days of the date
 of the notice. The continuing education provider
 may, within 30 days after receipt of the notice of
 denial, file a written protest as prescribed by
 the Internal Revenue Service in forms,
 instructions, or other appropriate guidance. A
 protest under this section is not governed by
 subpart D of this part.