(a)Application for approval.
(1)A [Unless otherwise exempt under
this subsection (b), a] person desiring to be approved by the
Commission to offer real estate or real estate inspection continuing
education courses shall:
(A)file an application on the appropriate form approved
by the Commission, with all required documentation;
(B)submit the required fee under §535.101 or §535.210
of this title; and
(C)maintain a fixed office in the state of Texas or
designate a resident of this state as attorney-in-fact to accept service
of process and act as custodian of any records in Texas which the
continuing education provider is required to maintain by this subchapter.
(2)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 sends the request.
(3)A CE provider is permitted to offer continuing
education courses in both real estate and real estate inspector that
have been approved by the Commission.
[(b)Exempt Providers. The following
entities may offer real estate inspector continuing education courses
without being approved by the Commission:]
[(1)a unit of federal, state or local government;
or]
[(2)a nationally recognized building, electrical,
plumbing, mechanical or fire code organization.]
(b)[(c)] Standards for approval.
To be approved by the Commission to offer real estate or real estate
inspector continuing education courses, the applicant must satisfy
the Commission as to the applicant's ability to administer courses
with competency, honesty trustworthiness and integrity. If the applicant
proposes to employ another person to manage the operation of the applicant,
that person must meet this standard as if that person were the applicant.
(c)[(d)] Approval notice. An
applicant shall not act as or represent itself to be an approved CE
provider until the applicant has received written notice of the approval
from the Commission.
(d)[(e)] Period of initial approval.
The initial approval of a CE provider is valid for two years.
(e)[(f)] Disapproval.
(1)If the Commission determines that an applicant
does not meet the standards for approval, the Commission will provide
written notice of disapproval to the applicant.
(2)The disapproval notice, applicant's request for
a hearing on the disapproval, and any hearing are governed by the
Administrative Procedure Act, Texas Government Code, Chapter 2001,
and Chapter 533 of this title (relating to Practice and Procedure).
Venue for any hearing conducted under this section shall be in Travis
County.
(f)[(g)] Subsequent approval.
(1)Not earlier than 90 days before the expiration
of its current approval, an approved provider may apply for subsequent
approval for another two year period.
(2)Approval or disapproval of a subsequent application
shall be subject to the standards for initial applications for approval
set out in this section.
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 August 11, 2017
TRD-201703116 Kristen Worman
Deputy General Counsel
Texas Real Estate Commission
Earliest possible date of adoption: September 24, 2017
For further information, please call: (512) 936-3093
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