(a)General requirements.
(1)The non-elective continuing education courses must
be conducted as prescribed by the rules in this Subchapter.
(2)Elective continuing education course are approved
and regulated under §535.73 of this subchapter.
(b)Application for approval to offer non-elective
real estate or inspector CE courses.
(1)A CE provider seeking to offer a specific non-elective
real estate or inspector CE course as outlined in this
section shall:
(A)for a non-elective real estate course:
(i)submit a Real Estate Non-Elective
Continuing Education CE Course Application [Supplement]
to the Commission; and
(ii)pay the fee required by §535.101
of this title; and
(B)for a non-elective real estate inspection
course: [pay the fee required by §535.101 of this
title.]
(i)submit an Inspector Non-Elective
Continuing Education CE Course Application to the Commission; and
(ii)pay the fee required by §535.210
of this title.
(2)A provider may file a single application for a
CE course offered through multiple delivery methods. A fee is required
for content review of each CE course and for each distinct delivery
method utilized by a provider for that course.
(3)A provider who seeks approval of a new delivery
method for a currently approved CE course must submit a new application,
and pay all required fees, including a fee for content review.
(4)The Commission may:
(A) request additional information be provided to
the Commission relating to an application; and
(B) terminate an application without further notice
if the applicant fails to provide the additional information not later
than the 60th day after the Commission mails the request.
(c)Commission approval of non-elective course
materials. [Real estate non-elective CE courses.]
Every two years, the Commission shall approve subject matter and course
materials to be used for the following non-elective [real estate]
continuing education courses [as required by the Act]:
(1) a four-hour Legal Update I: Laws, Rules and Forms
course;
(2) a four-hour Legal Update II: Agency, Ethics and
Hot Topics course; [and]
(3) a six-hour Broker Responsibility [broker
responsibility] course; and[.]
(4) a four-hour Inspector Legal and
Ethics course.
(d) Course expiration.
(1) Each legal update course expires on December 31
of each odd-numbered year.
(2) Each broker responsibility course expires on December
31 of each even-numbered year.
(3) Each Inspector Legal and Ethics course expires
on August 31 of each odd-numbered year.
(e) Instructors. A CE provider
must use:
(1) For non-elective real estate CE
courses, a CE instructor who has been certified as required
under §535.74 of this title; and [received certification
to teach the version of the real estate non-elective CE course being
offered.]
(2) For non-elective inspector CE
courses, a CE instructor who has been approved as required under §535.74
of this title.
[(e) Application for approval to
offer non-elective inspector CE courses.]
[(1) A CE provider seeking to offer a specific non
elective inspector CE course as outlined in this section shall:]
[(A) submit:]
[(i) ICE Course Application form and the Texas Standards
of Practice/Legal/Ethics Update Course approval form (PIEAC-SP_LEU-1);
or]
[(ii) Qualifying Real Estate (or Inspector) Qualifying
Course Application form and the Texas Standards of Practice/Legal/Ethics
Update course approval form (PIEAC-SP_LEU-1); and]
[(B) pay the fee required by §535.210 of this
title.]
[(2)A separate application is required for each course
delivery method.]
[(f)Requirements for inspector non-elective
CE courses.]
[(1)A Texas Standards of Practice/Legal/Ethics Update
course shall contain the following topics, the units of which are
outlined the Texas Standards of Practice/Legal/Ethics Update Course
Approval form (PIEAC-SP_LEU-1), adopted herein by reference:]
[(A)4 hours of Standards of Practice;]
[(B)2 hours of Legal; and]
[(C)2 hours of Ethics.]
[(2)A Texas Standards of Practice/Legal/Ethics Update
course expires two years from the date of approval and providers must
reapply and meet all current requirements of this section to offer
the course for another two years.]
(f)[(g)] Delivery method. Non-elective
CE courses must be delivered by one of the following delivery methods:
(1)classroom delivery;
(2)distance education delivery; or
(3)a combination of (1) and (2) of this subsection
if at least 50% of the combined course is offered by classroom delivery.
(g)[(h)] Except as provided
in this section, non-elective CE courses must meet the presentation
requirements of §535.65(g) of this title.
(1)Classroom Delivery. The provider must submit a
course completion roster in accordance with §535.75(d) of this
subchapter.
(2)Distance Education Delivery.[:]
(A)Non-elective real estate courses are designed by
the Commission for interactive classroom delivery. Acceptable demonstration
of a method to engage distance education delivery students in interactive
discussions and group activities, as well as additional material to
meet the course objectives and time requirements are required for
approval.
(B) The provider must submit a course completion roster
in accordance with §535.75(d) of this subchapter.
(h)[(i)] Course examinations.
(1) A provider must administer a final examination
promulgated by the Commission for non-elective CE courses beginning
January 1, 2017 as follows:
(A) For classroom delivery, the examination will be
given as a part of class instruction time with each student answering
the examination questions independently followed by a review of the
correct answers by the instructor. There is no minimum passing grade
required to receive credit.
(B) For distance education delivery, the examination
will be given after completion of regular course work and must be:
(i) proctored by a member of the provider faculty
or staff, or third party proctor set out in §535.65(h)(5) of
this title, who is present at the test site and has positively identified
that the student taking the examination is the student registered
for and who took the course; or
(ii) administered using a computer under conditions
that satisfy the Commission that the student taking the examination
is the student registered for and who took the course; and
(iii) graded with a pass rate of 70% in order for
a student to receive credit for the course; and
(iv) kept confidential.
(2) A provider may not give credit to a student who
fails a final examination and subsequent final examination as provided
for in subsection (j) of this section.
(i)[(j)] Subsequent final course
examination.
(1) If a student fails a final course examination,
a provider may permit the student to take one subsequent final examination.
(2) A student shall complete the subsequent final
examination no later than the 30th day after the date the original
class concludes. The subsequent final examination must be different
from the first examination.
(3) A student who fails the subsequent final course
examination is required to retake the course and the final course
examination.
(j)[(k)] Approval of currently
approved courses by a subsequent provider.
(1) If a CE provider wants to offer a course currently
approved for another provider, that subsequent provider must:
(A) submit the CE course application supplement form(s);
(B) submit written authorization to the Commission
from the author or provider for whom the course was initially approved
granting permission for the subsequent provider to offer the course;
and
(C) pay the fee required by §535.101 or §535.210
of this title.
(2) If approved to offer the currently approved course,
the subsequent provider is required to:
(A) offer the course as originally approved, including
expiration date, with any approved revisions, using all materials
required for the course; and
(B) meet the requirements of §535.75 of this
subchapter.
(k)[(l)] Approval notice. A
CE Provider shall not offer non-elective continuing education courses
until the provider has received written notice of the approval from
the Commission.
(l)[(m)] Required revision of
a currently approved non-elective CE course. Providers are responsible
for keeping current on changes to the Act and Commission Rules and
must supplement materials for approved non-elective CE courses to
present the current version of all applicable statutes and rules on
or before the effective date of those statutes or rules.
The agency certifies that legal counsel has reviewed
the proposal and found it to be within the state agency's legal authority
to adopt.
Filed with the Office
of the Secretary of State on February 15, 2017
TRD-201700651 Kristen Worman
Deputy General Counsel
Texas Real Estate Commission
Earliest possible date of adoption: April 2, 2017
For further information, please call: (512) 936-3093
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