| (a) General requirements.
(1) This subsection applies to a person seeking approval
from the Commission to be an elective CE course instructor.
(2) Non-elective CE course instructors are approved
and regulated under §535.63 of this title.
(b) Application for approval.
(1) A person desiring to be approved by the Commission
to be an instructor for elective real estate or real estate inspection
CE courses shall:
(A) file an application on the appropriate form approved
by the Commission; and
(B) pay the fee the 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.
(c) Standards for instructor approval for continuing
elective education courses. To be approved as an instructor by the
Commission to teach real estate or real estate inspection continuing
education courses, the applicant must satisfy the commission as to:
(1) the applicant's honesty, trustworthiness, and integrity;
and
(2) the person's competency in the subject matter to
be taught and ability to teach effectively.
(d) Approval notice. An applicant shall not act as
or represent itself to be an approved elective CE instructor until
the applicant has received written notice of the approval from the
Commission.
(e) Period of initial approval. The initial approval
of an elective CE 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, a CE instructor may apply for renewal for
another two year period.
(2) Approval or disapproval of a renewal application
shall be subject to the standards for initial applications for approval
set out in the section.
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