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TITLE 22EXAMINING BOARDS
PART 23TEXAS REAL ESTATE COMMISSION
CHAPTER 535GENERAL PROVISIONS
SUBCHAPTER FREQUIREMENTS FOR EDUCATION PROVIDERS, COURSES AND INSTRUCTORS FOR QUALIFYING EDUCATION
RULE §535.63Approval of Instructors of Qualifying Courses
Historical Texas Register

(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 and three years of experience in teaching or training;

    (B)

five years of active experience as a license holder and three years of experience in teaching or training; or

    (C) the equivalent of paragraph (2)(A) or (B) 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

    (D) provide a completion certificate from an in-person classroom 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, Standards of Practice Review, Inspector Legal and Ethics, 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.

  (4) To be approved as an instructor of a Commission approved adult education instructor training course, an applicant must satisfy the Commission that the applicant:

    (A) is currently approved to teach an adult education certification course accepted by the Commission for credit under paragraph (2)(D) of this subsection, such as CREI or ITI;

    (B) has a college degree in adult education from an accredited college or university and two years of recent experience training adult educators; or

    (C) the equivalent of paragraph (4)(A) or (B) of this subsection as determined by the Commission after consideration of the applicant's professional experience, references, research, authorship, or other significant endeavors in training adult educators.

(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.


Source Note: The provisions of this §535.63 adopted to be effective January 1, 2015, 39 TexReg 9669; amended to be effective January 1, 2016, 40 TexReg 8226; amended to be effective May 23, 2016, 41 TexReg 3695; amended to be effective May 24, 2017, 42 TexReg 2724

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