Texas Register

TITLE 22 EXAMINING BOARDS
PART 23TEXAS REAL ESTATE COMMISSION
CHAPTER 535GENERAL PROVISIONS
SUBCHAPTER GREQUIREMENTS FOR CONTINUING EDUCATION PROVIDERS, COURSES AND INSTRUCTORS
RULE §535.75Responsibilities and Operations of Continuing Education Providers
ISSUE 08/31/2018
ACTION Proposed
Preamble Texas Admin Code Rule

(a)(No change.)

(b)Use of approved Instructor. The use of approved CE instructor is governed by this subsection.

  (1)Except as provided by this subsection, a CE provider must use an instructor that:

    (A)is currently approved by the Commission ; and;[.]

    (B)[(2)] has [Each CE instructor shall be selected on the basis of] expertise in the subject area of instruction and ability as an instructor;

  (2)[(3)] A [An] CE instructor shall teach a course in substantially the same manner represented to the Commission in the instructor's manual or other documents filed with the application for course approval form;

  (3)[(4)] A CE provider may use the services of a guest instructor who is not approved as a CE instructor by the Commission for real estate or inspector elective CE courses provided that:

    (A)that guest instructor instructs for no more than a total of 50% of the course; and

    (B)a commission approved CE instructor remains in the classroom during the guest instructor's presentation.

  (4)[(5)] A CE provider may use the services of a guest instructor who is not approved as a CE instructor by the Commission for 100% of a real estate or inspector elective CE courses provided that

    (A)the CE provider is:

      (i)an accredited college or university;

      (ii)a professional trade association that is approved by the Commission as a CE provider under §535.71 of this subchapter; or

      (iii)an entity exempt under §535.71 of this subchapter; and

    (B)the course is supervised and coordinated by a Commission approved CE instructor who is responsible for verifying the attendance of all who request CE credit.

(c)CE course examinations. Examinations are only required for CE courses offered through distance education delivery and must comply with the requirements in §535.72(h)(1)(B) [§535.72(i)(1)(B) ] of this subchapter and have a minimum of four questions per course credit hour.

(d) - (f)(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



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