|(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
(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
(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
(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
(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.
(1) The following practices are prohibited:
(A) using any advertising which does not contain the
(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
(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
(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
(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.
(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
(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
(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
(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.
(5) A student who attends less than two-thirds of the
originally scheduled qualifying course is not eligible to complete
a makeup session. The student shall be automatically dropped from
the course with no credit and the provider shall report the student's
status to the Commission.
(i) Course examinations.
(1) The final examination given at the end of each
course must be the examination that was submitted to the Commission
with the course approval form.
(2) Each topic required by the Act or Rules for a qualifying
course must be covered in the final examination for that course.
(3) Unless otherwise provided for in this section,
a provider shall use final course examinations consisting of at least
60 questions with an unweighted passing score of 70%.
(4) Real estate math qualifying course examinations
may consist of a minimum of 20 questions with an unweighted passing
score of 70%.
(5) Final examination questions must be kept confidential
and be significantly different from any questions used for diagnostic
assessment of units in the course.
(6) A provider shall not permit a student to take a
final examination before the completion of regular course work and
any makeup sessions required by this section.
(7) Examinations must be:
(A) proctored by a member of the provider faculty or
staff who is present at the test site and has positively identified
that the students taking the examination are the students who took
the course; or
(B) administered using a computer under conditions
that satisfy the Commission that the student taking the examination
is the student who took the course.
(8) A provider shall revise final course examinations
for all active qualifying courses at least annually.
(9) A provider may not give credit to a student who
fails a final examination and makeup final examination.
(j) Makeup final course examination.
(1) If a student fails a final course examination,
a provider may permit the student to retake the final examination
only once and only after the student has:
(A) waited at least seven calendar days; and
(B) completed any additional course work prescribed
by the provider.
(2) A student shall complete a makeup final examination
no later than the 90th day after the date the original class concludes.
(3) If a student fails to timely complete the makeup
final examination as required by this subsection, the student shall
be automatically dropped from the course with no credit.
(4) A student who fails the final course examination
a second time is required to retake the course prior to retaking the
final course examination.
(k) Course completion certificate.
(1) Upon successful completion of a core course, a
provider shall issue a course completion certificate that a student
can submit to the Commission. The course completion certificate shall
(A) the provider's name;
(B) the instructor's name and approval number assigned
by the Commission;
(C) the course title;
(D) course numbers, including any Commission pre-approval
(E) the number of classroom hours;
(F) the dates the student began and completed the course;
(G) printed name and signature of an official of the
provider on record with the Commission.
(2) A provider may withhold any official completion
documentation required by this subsection from a student until the
student has fulfilled all financial obligations to the provider.
(3) A provider shall maintain adequate security against
forgery for official completion documentation required by this subsection.
(l) Instructor and course evaluations.
(1) A provider shall provide each student enrolled
in a course with an instructor and course evaluation form and provide
a link to an online version of the form that a student can complete
and submit any time after course completion.
(2) An instructor may not be present when a student
is completing the evaluation form and may not be involved in any manner
with the evaluation process.
(3) At a minimum, when evaluating an instructor or
course, a provider shall use an evaluation form approved by the Commission.