(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 active experience as a license holder and three years of experience
in teaching or training; or
(B) the equivalent of paragraph (2)(A) of this subsection
as determined by the Commission after consideration of the applicant's
professional experience, research, authorship, or other significant
endeavors in real estate or real estate inspection; and
(C) beginning January 1, 2016, provide a completion
certificate from an adult education instructor training course of
at least 8 hours that is acceptable to the Commission and dated within
four years of the date of application.
(3) To be approved as an instructor of Texas Standards
of Practice, Texas 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 that the applicant is an approved instructor until the
applicant has received written notice of the approval from the Commission
to teach specified courses.
(d) Period of approval. The approval of an instructor
is valid for two years.
(e) 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.
(f) Subsequent approval.
(1) Not earlier than 90 days before the expiration
of its current approval, an approved instructor may apply for subsequent
approval for another two year period.
(2) Approval or disapproval of a subsequent approval
shall be subject to the standards for initial applications set out
in this section.
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