| (a) The following words and terms, when used in these sections,
shall have the following meanings, unless the context clearly indicates otherwise.
(1) Act--The Real Estate License Act, Texas Civil Statutes,
Article 6573a.
(2) Applicant--A person seeking approval to be a provider or
instructor of a course for which mandatory continuing education credit is
given.
(3) Hour--Fifty minutes of actual session time.
(4) Commission--The Texas Real Estate Commission.
(5) Day--A calendar day.
(6) Instructor--A person approved by the Texas Real Estate
Commission to teach mandatory continuing education courses.
(7) MCE--Mandatory Continuing Education.
(8) Person--An individual, partnership, or a corporation, foreign
or domestic.
(9) Proctor--A person who monitors a final examination for
a course offered by a provider under the guidelines contained in this section.
A proctor may be a course instructor, the provider, an employee of a college
or university testing center, a librarian, or other person approved by the
commission.
(10) Provider--A person approved by the Texas Real Estate Commission
to offer courses for which mandatory continuing education credit is given.
(11) Studen t--An individual taking an MCE course for credit.
(b) A person who wishes to offer courses accepted by the commission
for MCE credit shall apply to the commission for approval to be an MCE provider
and for approval of each MCE course using application forms prepared by the
commission. The commission may refuse to accept any application which is not
complete or which is not accompanied by the appropriate filing fee. Each prospective
provider shall submit a provider application and at least one principal information
form. Only instructors approved by the commission for that subject area may
teach that course.
(c) The commission adopts by reference the following forms
published and available from the commission, P.O. Box 12188, Austin, Texas,
78711-2188:
(1) MCE Form 1A-1, MCE Provider Application;
(2) MCE Form 1B-1, MCE Provider Application Supplement;
(3) MCE Form 2-2, MCE Principal Information Form;
(4) MCE Form 3A-1, MCE Course Application;
(5) MCE Form 3B-2, MCE Course Application Supplement;
(6) MCE Form 3C-1, MCE Single Course Offering Application;
(7) MCE Form 8-3, MCE Course Completion Roster;
(8) MCE Form 9-4, Alternative Instructional Methods Reporting
Form;
(9) MCE Form 10-0, MCE Out of State Course Credit Request;
(10) MCE Form 11-3, MCE Instructor Credit Request;
(11) MCE Form 12-1, Individual MCE Credit Request for State
Bar Course;
(12) MCE Form 12A-0, Provider MCE Credit Request for State
Bar Course; and
(13) MCE Form 13-0 , Guidelines for Creating a Course Instructor's
Manual for Mandatory Continuing Education Courses.
(d) To be approved as an MCE provider, a person must satisfy
the commission as to the person's ability to administer with honesty, trustworthiness
and integrity a course of continuing education in MCE subjects approved by
the commission. If the person proposes to employ independent contractors to
conduct or to administer the courses, any independent contractor named in
the application must meet this standard as if the independent contractor were
the applicant; however, the applicant is responsible for responding to communications
from the commission relating to the application.
(e) To be approved to offer a course for MCE credit, the provider
must satisfy the commission that the course subject matter is appropriate
for a continuing education course for real estate licensees and that the information
provided in the course will be current and accurate.
(1) A provider applicant must submit an MCE Form 3A-1, MCE
Course Application, the first time approval is sought to offer an MCE course.
Prior to advertising or offering a course offered by another provider the
subsequent provider shall complete MCE Form 3B-2, file the form with the commission
and receive written acknowledgment from the commission that all necessary
documentation has been filed. Except for single course offerings, providers
shall submit an instructor's manual for each proposed course. The commission
may require a copy of the previously approved instructor's manual to be submitted
for each previously approved course the provider intends to offer. Subsequent
providers shall offer the course as originally approved or as revised with
the approval of the commission and shall use all materials required in the
original or revised course.
(2) The commission may approve a course for a single offering
without regard to the requirements of paragraph (1) of this subsection. The
provider must submit MCE Form, 3C-1, MCE Single Course Offering Application
and receive written authorization from the commission to offer the course
prior to offering the course. A single course offering approved by the commission
may be offered by the provider no more than four times during a period of
one year after the course is approved or until the provider's authority to
act as a provider expires or is withdrawn for cause, whichever occurs first.
At least seven days prior to offering a course more than once, the provider
must notify the commission of the date, time, location, and fee to be charged
for the subsequent offerings and pay a fee of $25 for each subsequent offering.
(f) To be approved as an instructor of any MCE course, a person
must satisfy the commission as to the person's competency in the subject matter
to be taught and ability to teach effectively. Except for instructors of single
course offerings, if the person is not currently approved by the commission
to teach the subject areas of the course, the person must submit Form ED 4-0,
Instructor Application, and meet the requirements of §535.64(I) of this
title (relating to Accreditation of Schools and Approval of Courses and Instructors).
A person who has received a credential as a certified real estate instructor
(CREI), distinguished real estate instructor (DREI), an instructor of the
Realtor Institute (GRI), or an instructor who has received a comparable credential
from another organization as determined by the commission will be deemed to
have met the requirements of §535.64(I) as regards teaching experience
and education. The commission may also approve an instructor for a single
offering of a course. The provider must submit an MCE Form 3C-1, MCE Single
Course Offering Application, and provide a resume to show that the proposed
instructor is qualified to teach the subject matter.
(g) An applicant may be requested to provide additional information,
and the commission may terminate an application without further notice if
the applicant fails to provide the additional information within 60 days of
the mailing of a request by the commission.
(h) Fees shall be established by the commission in accordance
with the provisions of the Act, §7A, at such times as the commission
deems appropriate. Fees are not refundable and must be submitted in the form
of a check or money order, or, in the case of state agencies, colleges or
universities, in a form of payment acceptable to the commission.
(i) The commission may authorize the head of the education
division of the commission, or a designate, to determine whether applications
for MCE providers, courses or instructors should be approved. The commission
may disapprove an application for approval as a provider or instructor for
the same reasons as the commission may disapprove an application for a real
estate license. If an application is disapproved, written notice detailing
the basis of the decision shall be provided to the applicant.
(j) An applicant may appeal a disapproval by filing with the
commission a written request for a hearing within 10 days after the receipt
of the notice of disapproval. Following the hearing, the commission may sustain
or withdraw the disapproval or establish conditions for the approval of a
provider, course or instructor. Proceedings involving applications shall be
conducted in accordance with the Administrative Procedure and Texas Register
Act, Texas Civil Statutes, Article 6252-13a. Venue for any hearing conducted
under this section shall be in Travis County.
(k) A course offered by a provider to satisfy all or part of
the six hours of legal topics required by the Act, §7A, must include
one or more of the legal topics listed in the Act or approved by the commission.
The commission shall periodically publish lists of additional legal topics
approved for MCE credit.
Cont'd... |
