(a) - (d)(No change.)
(e)Instructors. A CE provider must use:
(1)For non-elective real estate CE courses, an
approved [a CE] instructor who has been certified
as required under §535.74 of this title; and
(2)For non-elective inspector CE courses, an
approved [a CE] instructor who has been approved
as required under §535.74 of this title.
(f) - (g)(No change.)
(h)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)(No change.)
(j)Approval of currently approved courses by a secondary
[subsequent] provider.
(1)If a CE provider wants to offer a course currently
approved for another provider, that secondary [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 secondary [subsequent] provider is required
to:
(A)offer the course as originally approved, assume
the original [including] expiration date, include [
with] any approved revisions, use [using]
all materials required for the course; and
(B)meet the requirements of §535.75 of this subchapter.
(k) - (l)(No change.)
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 17, 2018
TRD-201803574 Kerri Lewis
General Counsel
Texas Real Estate Commission
Earliest possible date of adoption: September 30, 2018
For further information, please call: (512) 936-3092
|
