|(a) Except as provided by this section, CE providers
must comply with the responsibilities and operations requirements
of §535.65 of this title (relating to Responsibilities and Operations
of Providers of Qualifying Courses).
(b) Use of Qualified Instructor.
(1) Except as provided by this subsection, a CE provider
must use an instructor that:
(A) is currently qualified under §535.74 of this
title (relating to Qualifications for Continuing Education Instructors)
(B) has expertise in the subject area of instruction
and ability as an instructor;
(2) A CE 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
(3) A CE provider may use the services of a guest instructor
who is not qualified under §535.74 of this title for real estate
or inspector elective CE courses provided that:
(A) the guest instructor instructs for no more than
a total of 50% of the course; and
(B) a CE instructor qualified under §535.74 of
this title remains in the classroom during the guest instructor's
(4) A CE provider may use the services of a guest instructor
who is not qualified under §535.74 of this title for 100% of
a real estate or inspector elective CE courses provided that:
(A) The CE provider is:
(i) an accredited college or university;
(ii) a professional trade association that is approved
by the Commission as a CE provider under §535.71 of this subchapter
(relating to Approval of Continuing Education Providers); or
(iii) an entity exempt under §535.71 of this subchapter;
(B) the course is supervised and coordinated by a CE
instructor qualified under §535.74 of this title who is responsible
for verifying the attendance of all who request CE credit.
(c) CE course examinations.
(1) For real estate CE courses, examinations are only
required for non-elective CE courses and must comply with the requirements
in §535.72(g) of this subchapter (relating to Approval of Non-elective
Continuing Education Courses) and have a minimum of four questions
per course credit hour.
(2) For inspector CE courses, examinations are only
required for CE courses offered through distance education delivery
and must comply with the requirements in §535.72(g) of this subchapter
(relating to Approval of Non-elective Continuing Education Courses)
and have a minimum of four questions per course credit hour.
(d) Course completion roster. Instead of providing
a course completion certificate, upon completion of a course, a CE
provider shall submit a class roster to the Commission as outlined
by this subsection.
(A) A provider shall maintain a course completion roster
and submit information contained in the roster by electronic means
acceptable to the Commission not sooner than the number of course
credit hours has passed and not later than the 10th calendar day after
the date a course is completed.
(B) A course completion roster shall include:
(i) the provider's name and license;
(ii) a list of all instructors whose services were
used in the course;
(iii) the course title;
(iv) the course numbers;
(v) the number of classroom credit hours;
(vi) the course delivery method;
(vii) the dates the student started and completed the
(viii) the signature of an authorized representative
of the provider for whom an authorized signature is on file with the
(C) The Commission shall not accept unsigned course
(2) Distance Education delivery method. A provider
shall maintain a Distance Education Reporting form and submit information
contained in that form by electronic means acceptable to the Commission,
for each student completing the course not sooner than the number
of course credit hours has passed after the student starts the course
and not later than the 10th calendar day after the student completed
(3) 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.
(4) A provider shall maintain adequate security against
forgery for official completion documentation required by this subsection.
(e) Maintenance of records. Maintenance of CE provider's
records is governed by this subsection.
(1) A CE provider shall maintain records of each student
enrolled in a course for a minimum of four years following completion
of the course, including course and instructor evaluations and student
(2) All records may be maintained electronically but
must be in a common format that is legibly and easily printed or viewed
without additional manipulation or special software.
(3) A CE provider shall maintain any comments made
by the provider's management relevant to instructor or course evaluations
with the provider's records.
(4) Upon request, a CE provider shall produce instructor
and course evaluation forms for inspection by Commission staff.
(f) Changes in Ownership or Operation of an approved
CE Provider. Changes in ownership or operation of an approved CE provider
are governed by this subsection.
(1) An approved provider shall obtain the approval
of the Commission at least 30 days in advance of any material change
in the operation of the provider, including but not limited to changes
(B) management; and
(C) the location of main office and any other locations
where courses are offered.
(2) An approved provider requesting approval of a change
in ownership shall provide a CE Provider Application including all
required information and the required fee.
|Source Note: The provisions of this §535.75 adopted to be effective January 1, 2015, 39 TexReg 9669; amended to be effective January 1, 2016, 40 TexReg 8237; amended to be effective December 9, 2018, 43 TexReg 7904; amended to be effective September 2, 2019, 44 TexReg 4737; amended to be effective June 16, 2020, 45 TexReg 4036