| (a) Responsibility of Providers.
(1) A provider is responsible for:
(A) the administration of each course, including, but
not limited to, compliance with any prescribed period of time for
any required course topics required by the Act, Chapter 1102, and
Commission rules;
(B) student attendance records;
(C) instructor performance and attendance;
(D) examination administration;
(E) validation of student identity;
(F) maintaining student course completion records;
(G) ensuring all advertising complies with subsection
(c);
(H) ensuring that instructors or other persons do not
recruit or solicit prospective salespersons, brokers or inspectors
during course presentation;
(I) ensuring staff is reasonably available for public
inquiry and assistance;
(J) ensuring that its classroom facilities are adequate
for class size and pose no threat to the health or safety of students;
(K) ensuring that each student is present for the course
for the hours of time for which credit is awarded.
(2) A provider may not promote the sale of goods or
services during the presentation of a course.
(3) A provider may remove a student and not award credit
if a student does not participate in class, or disrupts the orderly
conduct of a class, after being warned by the provider or the instructor.
(4) If a provider approved by the Commission does not
maintain a fixed office in Texas for the duration of the provider's
approval to offer courses, the provider shall designate a resident
of this state as attorney-in-fact to accept service of process and
act as custodian of any records in Texas that the provider is required
to maintain by this section. A power-of-attorney designating the resident
must be filed with the Commission in a form acceptable to the Commission.
(b) Use of approved Instructor.
(1) Except as provided by this subsection, a provider
must use an instructor that is currently approved by the Commission;
(2) Each instructor shall be selected on the basis
of expertise in the subject area of instruction and ability as an
instructor;
(3) A provider shall require specialized training or
work experience for instructors teaching specialized subjects such
as law, appraisal, investments, taxation or home inspection;
(4) An 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; and
(5) A provider may use the services of a guest instructor
who is not approved as an instructor by the Commission for qualifying
real estate or inspector courses provided that person instructs for
no more than 10% of the total course time.
(c) Advertising.
(1) The following practices are prohibited:
(A) using any advertising which does not contain the
provider's name;
(B) representing that the provider's program is the
only vehicle by which a person may satisfy educational requirements;
(C) conveying a false impression of the provider's
size, superiority, importance, location, equipment or facilities,
except that a provider may use objective information published by
the Commission regarding pass rates;
(D) promoting the provider directly or indirectly as
a job placement agency, unless the provider is participating in a
program recognized by federal, state, or local government and is providing
job placement services to the extent the services are required by
the program; or
(E) making any statement which is misleading, likely
to deceive the public, or which in any manner tends to create a misleading
impression.
(2) Any written advertisement by a provider that includes
a fee that the provider charges for a course must display all fees
that the provider charges for the course in the same place in the
advertisement and with the same degree of prominence.
(3) The provider shall advertise a course for the full
clock hours of time for which credit is awarded.
(d) Pre-enrollment agreements for approved providers.
(1) Prior to a student enrolling in a course, a provider
approved by the Commission shall provide the student with a pre-enrollment
agreement that includes all of the following information:
(A) the tuition for the course;
(B) an itemized list of any fees charged by the provider
for supplies, materials, or books needed in course work;
(C) the provider's policy regarding the refund of tuition
and other fees, including a statement addressing refund policy when
a student is dismissed or withdraws voluntarily;
(D) the attendance requirements;
(E) the acceptable makeup procedures, including any
applicable time limits and any fees that may be charged for makeup
sessions; and
(F) the procedure and fees for taking any permitted
makeup final examination or any permitted re-examination, including
any applicable time limits.
(2) A pre-enrollment agreement must be signed by a
representative of the provider.
(e) Refund of fees by approved provider.
(1) A provider shall establish written policies governing
refunds and contingency plans in the event of course cancellation.
(2) If a provider approved by the Commission cancels
a course, the provider shall:
(A) fully refund all fees collected from students within
a reasonable time; or
(B) at the student's option, credit the student for
another course.
(3) The provider shall inform the Commission when a
student requests a refund because of a withdrawal due to the student's
dissatisfaction with the quality of the course.
(f) Course materials.
(1) Before the course starts, a provider shall give
each student copies of any materials to be used for the course.
(2) A provider shall update course materials to ensure
that current and accurate information is provided to students as provided
for under §535.62 of this subchapter.
(g) Presentation of courses.
(1) Classroom:
(A) The course must be offered in a location conducive
to instruction, such as a classroom, training room, conference room,
or assembly hall that is separate and apart from work areas;
(B) The course must be scheduled for the full clock
hours of time for which credit is awarded;
(C) Course presentation per day cannot exceed 10 hours;
(D) A 10 minute break per hour must be given at least
every two hours.
(2) Alternative Delivery and Correspondence:
(A) the provider must ensure:
(i) that a qualified person is available to answer
students' questions or provide assistance as necessary in a timely
manner; and
(ii) that a student has completed all instructional
modules and attended any hours of live instruction required for a
given course; and
(B) an approved instructor or the provider's coordinator
or director must be responsible for grading the written course work.
(3) A provider is not required to present topics and
units in the order outlined for a course on the corresponding course
approval form.
(4) The periods of time prescribed to each unit of
a topic for a qualifying course as outlined on the corresponding course
approval form are recommendations and may be altered to allow instructors
flexibility to meet the particular needs of their students.
(h) Makeup Session.
(1) A provider may permit a student who attends at
least two-thirds of a originally scheduled qualifying course to complete
a makeup session to satisfy attendance requirements.
(2) A member of the provider's staff must approve the
makeup procedure to be followed. Acceptable makeup procedures are:
(A) attendance in corresponding class sessions in a
subsequent offering of the same course; or
(B) the supervised presentation by audio or video
recording of the class sessions actually missed.
(3) A student shall complete all class makeup sessions
no later than the 90th day after the date of the completion of the
original course.
(4) Dropped status may not be changed by makeup sessions,
and any hours accumulated by a student may not be transferred to any
other course, prior to being dropped from a course.
Cont'd... |
