| (a) Application for approval.
(1) A person desiring to be approved by the Commission
to teach real estate or real estate inspection qualifying courses
shall:
(A) file an application on the appropriate form approved
by the Commission; and
(B) submit the required fee required by §535.101
or §535.210 of this title.
(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 mails the request.
(b) Standards for instructor approval. To be approved
as an instructor by the Commission to teach real estate or real estate
inspection qualifying courses, the applicant must meet the following
standards:
(1) The applicant must satisfy the Commission as to:
(A) the applicant's honesty, trustworthiness, and integrity;
and
(B) the person's competency in the subject matter to
be taught and ability to teach effectively.
(2) Except as provided by paragraph (3) of this subsection,
the applicant must possess the following qualifications:
(A) a college degree in the subject area or five years
of professional experience in the subject area and three years of
experience in teaching or training; and
(B) beginning January 1, 2016, a completion certificate
from an adult education instructor training course of at least 8 hours
that is acceptable to the Commission and dated within 5 years of the
date of the application; or
(C) the equivalent of paragraphs (2)(A) and (B) of
this subsection as determined by the Commission after consideration
of the applicant's professional experience, research, authorship,
or other significant endeavors in the subject area.
(3) To be approved as an instructor of Texas Standards
of Practice, Standards of Practice/Legal/Ethics Update, or as an instructor
of a ride along inspection course as defined in §535.218 of this
title, an applicant must have five years of active licensure as a
Texas professional inspector, and have:
(A) performed a minimum of 200 real estate inspections
as a Texas professional inspector; or
(B) three years of experience in teaching and/or sponsoring
trainees or inspectors.
(c) Approval notice. An applicant shall not act as
or represent itself to be an approved instructor until the applicant
has received written notice of the approval from the Commission.
(d) Certification required to teach real estate non-elective
CE courses.
(1) An applicant may not teach a real estate non-elective
CE course until the applicant has:
(A) been approved as an instructor of qualifying courses;
and
(B) received written certification from the Commission
to teach a specific non-elective continuing education course.
(2) To obtain certification to teach a real estate
non-elective continuing education course, the applicant must:
(A) be currently approved by the Commission as an instructor
for qualifying courses in the subject areas of Principles of Real
Estate, Law of Agency and Law of Contracts to teach Legal or Ethics
Update; or
(B) be currently approved by the Commission as an instructor
of qualifying courses in the subject areas of Principles of Real Estate,
Law of Agency, Law of Contracts and Real Estate Brokerage to teach
Broker Responsibility; and
(C) successfully complete an instructor training program
approved by the Commission for the non-elective continuing education
course for which certification is sought.
(3) A previously certified instructor must be recertified
to teach a non-elective course whenever the previous course has expired
and a new course has been approved.
(4) An instructor's certification to teach a legal
or ethics update course expires on December 31 of every odd-numbered
year.
(5) An instructor's certification to teach the broker
responsibility course expires on December 31 of every even-numbered
year.
(e) Period of initial approval. The initial approval
of a instructor is valid for two years.
(f) Disapproval of an application.
(1) If the Commission determines that an applicant
does not meet the standards for approval, the Commission shall disapprove
the application and provide written notice of the 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.
(g) Renewal.
(1) Not earlier than 90 days before the expiration
of its current approval, an approved instructor may apply for renewal
for another two year period.
(2) Approval or disapproval of a renewal shall be subject
to the standards for initial applications set out in the section.
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