Historical Rule for the Texas Administrative Code

RULE §535.61Examinations and Acceptance of Courses
Repealed Date:01/31/2000

(a) To be authorized for admittance to a real estate licensure examination, either for salesperson or broker licensure, the applicant must present to the examination proctor a certificate of eligibility issued by the commission for an initial examination or for a reexamination. Certificates of eligibility will be furnished to the sponsoring broker for salesperson applicants, or directly to the applicant for broker licensure.

(b) Certificates of eligibility will specify a date six months from the date the application was received by the commission, prior to which the examination may be taken, and certificates will not be valid beyond that date.

(c) In addition to the certificate of eligibility, examination proctors shall require official photo bearing personal identification of individuals appearing for an examination and shall deny entrance to anyone who cannot provide adequate identification.

(d) Examination proctors may refuse admittance to an examinee if, in the proctor's opinion, an individual's conduct or demeanor is such that the proctor feels the individual would be a disruptive influence on the other examinees.

(e) Examination proctors may dismiss an examinee, if in the proctor's opinion, the individual's conduct or demeanor is such that the proctor feels the individual is a disruptive influence on other examinees.

(f) Examination proctors may assign a specific seat or desk to each examinee. Proctors may require that an examinee be reseated during the course of the examination.

(g) Examination proctors may refuse admittance to an examinee who reports to the proctor for admittance to the examination after the time the examination is scheduled to begin.

(h) Examinees are permitted to use slide rules or silent battery-operated, electronic, pocket-sized calculators which are nonprogrammable. If a calculator has printout capability, the use of such calculator must be approved by the examination proctor prior to the examination. Calculators with alphabetic keyboards will not be approved.

(i) Examination schedules for both salesperson and broker licensure examinations are published periodically and reflect the dates, times and locations throughout the state that the examinations will be administered. Such schedules will be furnished to applicants for their determination of a location at which to take the examination. The examination may be taken at any location shown on the schedule within the time authorized by the applicant's certificate of eligibility.

(j) Special examinations based on verified physical limitations or other good cause as determined by the commission can be arranged for individuals through the education division of the commission. Normally, all special examinations are administered at the commission headquarters in Austin by staff personnel. Deviations from this policy would be limited to cases in which an applicant is physically incapable of traveling to Austin or of being transported to Austin. Such cases would be handled individually, requiring complete verification by medical authorities, or confirmation by staff members that such an examination is justified should the nature of the incapacity be so obvious as to not require medical verification.

(k) The method of special examination, oral or written, will be determined by the staff personnel based on the particular circumstances of each case.

(l) All examinations are graded based on criteria printed on the instruction sheet furnished with each individual examination. Examination format will be as selected by the commission. A passing score for an entire examination shall require a minimum prescribed score in each section, with such prescribed score printed on the instruction sheet furnished with each examination. Each examinee shall be instructed to read the instruction sheet prior to beginning the examination, and shall be given an opportunity to ask questions of the examination proctors relative to the instructions, including the grading criteria and procedures.

(m) A person taking an examination for a license issued by the commission shall abide by the instructions shown on the examination schedule, any other related correspondence from the commission, the instruction sheet for the examination, the instructions on the examination booklet, and the instructions of the examination proctor.

(n) An examinee observed by the proctor giving or receiving or attempting to give or receive unauthorized assistance or answers to examination questions may have examination materials confiscated by the proctor and shall be dismissed from the examination session with a failing grade. Dismissal may result in disapproval of an application for licensure. A person having an application disapproved for these reasons may appeal the disapproval in accordance with the Act, §10.

(o) The commission may file theft charges against any person who removes or attempts to remove an examination or any portion thereof or any written material furnished with the examination whether by actual physical removal or by transcription.

(p) Educational programs or courses of study in real estate offered after the effective date of this section by schools accredited by the commission, by a school accredited by a real estate regulatory agency of another state or by accredited colleges and universities, as defined by these sections, will be accepted as meeting the requirements of the Act for the successful completion of educational prerequisites for a license upon a determination by the commission that:

  (1) the content of the program or course, as presented to the applicant, has complied with the course content requirements of the Act and any applicable commission rule relating thereto, and that the course presentation did not exceed 10 classroom hours per calendar day, provided, however, that a course which predominantly deals with techniques or procedures utilized by particular brokerages or organizations shall not be considered a real estate course for the purposes of the Act;

  (2) for a program or course offered by a college or university, the applicant has received in a classroom presentation the hours of instruction for which credit has been given, or has satisfactorily completed makeup, in the manner provided by §535.66 of this title (relating to Educational Programs: Accreditation) and qualification on a final course examination or other form of final evaluation was a requirement for successful completion of the course;

  (3) for a program or course offered by an institution other than a college or university, the applicant has received in a classroom presentation the hours of instruction required by applicable commission rules, provided, however, that the program or course was not presented in the offices of a real estate brokerage firm or franchise organization;

  (4) the program or course was presented at the regular campus facilities of the school, college or university or if the program or course was presented at a location other than regular campus facilities, the program or course was not presented in the offices of a real estate brokerage firm or franchise organization, and the program or course was a scheduled and publicized course open to enrollment by the general public;

  (5) if the program or course was conducted by correspondence, it was conducted by an accredited college or university which offers correspondence programs, whether credit or noncredit, in other disciplines, it complies with the requirements of this section with the exception of paragraphs (2)-(4) of this subsection, and the applicant has passed a written examination which was administered on the campus of a school, college or university by an official of the school, college or university under controlled conditions to positively identified students, or at a location approved and by an official approved by the college or university.

(q) If it determines that these requirements in subsection (p) of this section have not been met, the commission shall, upon written notice to the school, college, or university, deny acceptance of the program or course for real estate licensure.

(r) The commission shall evaluate credits or documents from credit or non-credit courses of instruction completed at accredited colleges, universities, and other institutions, from commission-approved courses of study offered by schools accredited by the commission and from commission-approved courses of study offered by professional trade organizations and associations. For the purpose of this section, accredited colleges and universities mean those junior/community colleges, senior colleges, and universities; and any other postsecondary educational institution established by the Texas Legislature, which are accredited by the Commission on Colleges of the Southern Association of Colleges and Schools or like commissions of other regional accrediting associations, or are candidates for such accreditation.

(s) The commission shall evaluate official credit transcripts or official degree conferring instruments which reflect courses of study completed from schools of law which are recognized by the Association of American Law Schools or approved by the American Bar Association.

(t) The commission shall evaluate credit instruments which reflect courses of study completed via the United States Armed Forces Institute and may evaluate credit instruments of other service-related schools.


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