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Historical Rule for the Texas Administrative Code

TITLE 22EXAMINING BOARDS
PART 23TEXAS REAL ESTATE COMMISSION
CHAPTER 535PROVISIONS OF THE REAL ESTATE LICENSE ACT
SUBCHAPTER GMANDATORY CONTINUING EDUCATION
RULE §535.71Mandatory Continuing Education: Approval of Providers, Courses and Instructors

(a) The following words and terms, when used in these sections, shall have the following meanings, unless the context clearly indicates otherwise.

  (1) Act--The Real Estate License Act, Texas Civil Statutes, Article 6573a.

  (2) Applicant--A person seeking approval to be a provider or instructor of a course for which mandatory continuing education credit is given.

  (3) Classroom hour--Fifty minutes of actual classroom session time.

  (4) Commission--The Texas Real Estate Commission.

  (5) Day--A calendar day.

  (6) Instructor--A person approved by the Texas Real Estate Commission to teach mandatory continuing education courses.

  (7) MCE--Mandatory continuing education.

  (8) Person--An individual, partnership, or a corporation, foreign or domestic.

  (9) Provider--A person approved by the Texas Real Estate Commission to offer courses for which mandatory continuing education credit is given.

  (10) Student--An individual taking an MCE course for credit.

(b) A person who wishes to offer courses accepted by the commission for MCE credit shall apply to the commission for approval to be an MCE provider and for approval of each MCE course and instructor using application forms prepared by the commission. The commission may refuse to accept any application which is not complete or which is not accompanied by the appropriate filing fee. Each prospective provider shall submit a provider application, at least one course and instructor application, and at least one principal information form. Only instructors approved by the commission for a particular course may teach that course, and providers must apply for approval of additional instructors. Approval must be sought for each course offered by each provider and for each instructor, unless the course or instructor has been previously approved by the commission for use by another provider.

(c) The commission adopts by reference the following forms published by and available from the commission, P.O. Box 12188, Austin, Texas 78711-2188:

  (1) MCE Form 1A-1, MCE Provider Application;

  (2) MCE Form 1B-1, MCE Provider Application Supplement;

  (3) MCE Form 2-2, MCE Principal Information Form;

  (4) MCE Form 3A-1, MCE Course Application;

  (5) MCE Form 3B-2, MCE Course Application Supplement;

  (6) MCE Form 3C-1, MCE Single Course Offering Application;

  (7) MCE Form 4A-2, MCE Instructor Application;

  (8) MCE Form 4B-2, MCE Instructor Application Supplement;

  (9) MCE Form 7-0, MCE Course Completion Card;

  (10) MCE Form 8-2, MCE Course Completion Roster;

  (11) MCE Form 9-3, Alternative Instructional Methods Reporting Form;

  (12) MCE Form 10-0, MCE Out of State Course Credit Request;

  (13) MCE Form 11-3, MCE Instructor Credit Request;

  (14) MCE Form 12-0, MCE Credit Request for State Bar Courses; and

  (15) MCE Form 13-0, MCE Credit Request for Core Courses.

(d) To be approved as an MCE provider, a person must satisfy the commission as to the person's ability to administer with honesty, trustworthiness and integrity a course of continuing education in MCE subjects approved by the commission. If the person proposes to employ independent contractors to conduct or to administer the courses, any independent contractor named in the application must meet this standard as if the independent contractor were the applicant.

(e) To be approved to offer a classroom course for MCE credit, the provider must satisfy the commission that the course subject matter is appropriate for a continuing education course for real estate licensees and that the information provided in the course will be current and accurate.

  (1) A provider applicant shall submit an MCE Form 3A-1, MCE Course Application, the first time approval is sought to offer an MCE course. Once a course has been approved, no further approval is required for another approved provider to offer the same course. Prior to advertising or offering the course, however, the subsequent provider shall complete MCE Form 3B-2, file the form with the commission and receive written or oral acknowledgment from the commission that all necessary documentation has been filed. Providers shall submit an instructor's manual for each proposed course. The commission may require a copy of the previously approved instructor's manual to be submitted for each previously approved course the provider intends to offer. Subsequent providers shall offer the course as originally approved or as revised with the approval of the commission and shall use all materials required in the original or revised course. The commission will publish guidelines to aid providers in the development of instructor manuals. Each manual must contain the following:

    (A) course description;

    (B) learning objectives;

    (C) evaluation techniques;

    (D) outline of the subject matter;

    (E) instructional strategies in addition to lecture (at least one for a three-hour course and at least three for 15 hours of instruction);

    (F) course participant handouts;

    (G) bibliography or source of updated subject matter.

  (2) The commission may approve a course for a single offering without regard to the requirements of paragraph (1) of this subsection. The provider must be approved by the commission in accordance with the provisions of this section. The course may not be offered again during a providership unless the course has been approved by the commission for subsequent offerings by the original provider in accordance with the provisions of this section. The provider must submit MCE Form, 3C-1, MCE Single Course Offering Application.

(f) To be approved as an instructor of any MCE course, a person must satisfy the commission as to the person's competency in the subject matter to be taught and ability to teach effectively. An instructor applicant must submit through the proposed provider an MCE Form 4A-2, MCE Instructor Application, the first time approval is sought to teach an MCE course. For subsequent approval to teach a different course, an MCE Form 4B-2, MCE Instructor Application Supplement, must be submitted. Once an instructor has been approved to teach a course, no further approval is required for the instructor to teach the same course for another provider, although the subsequent provider must complete MCE Form 4B-2 and file the form with the commission prior to using the instructor in the course.

  (1) Each person approved as an instructor must also meet the following requirements:

    (A) a college degree in the subject area or five years' professional experience in the subject area; and

    (B) three years' experience in teaching or training; or

    (C) the equivalent of subparagraphs (A) and (B) of this paragraph as determined by the commission after due consideration of the applicant's professional experience, research, authorship, or other significant endeavors in the subject area; and

    (D) attendance at any training program offered by the commission which the commission has determined significantly relates to the subject the person is applying to teach. In lieu of attendance, the person may certify in writing that the person has viewed a videotape of the program or received the training in a manner acceptable to the commission.

  (2) The commission may also approve an instructor for a single offering of a course. The provider must submit an MCE Form 3C-1, MCE Single Course Offering Application, show that the proposed instructor has complied with paragraph (1)(D) of this subsection and provide additional information about the instructor's qualifications at the commission's request.

(g) An applicant may be requested to provide additional information, and the commission may terminate an application without further notice if the applicant fails to provide the additional information within 60 days of the mailing of a request by the commission.

(h) Fees shall be established by the commission in accordance with the provisions of the Act, §7A, at such times as the commission deems appropriate. Fees are not refundable and must be submitted in the form of a check or money order, or, in the case of state agencies, colleges, or universities, in a form of payment acceptable to the commission. If a provider seeks approval to offer a course previously approved for another provider, and less than one year remains for the course to be offered, the filing fee shall be one-half the current fee for approval of a course. Provided, however, the full current fee is required for an application for approval of a single course offering.

(i) The commission may authorize the head of the education division of the commission, or a designate, to determine whether applications for MCE providers, courses, or instructors should be approved. The commission may disapprove an application for approval as a provider or instructor for the same reasons as the commission may disapprove an application for a real estate license. If an application is disapproved, written notice detailing the basis of the decision shall be provided to the applicant.

Cont'd...

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