|(a) Responsibility of Providers.
(1) A provider is responsible for:
(A) the administration of each course, including, but
not limited to, compliance with any prescribed period of time for
any required course topics required by the Act, Chapter 1102, and
(B) maintaining student attendance records and pre-enrollment
(C) verifying instructor qualification, performance
(D) proper examination administration;
(E) validation of student identity acceptable to the
(F) maintaining student course completion records;
(G) ensuring all advertising complies with subsection
(c) of this section;
(H) ensuring that instructors or other persons do not
recruit or solicit prospective sales agents, brokers or inspectors
during course presentation; and
(I) ensuring staff is reasonably available for public
inquiry and assistance.
(2) A provider may not promote the sale of goods or
services during the presentation of a course.
(3) A provider may remove a student and not award credit
if a student does not participate in class, or disrupts the orderly
conduct of a class, after being warned by the provider or the instructor.
(4) If a provider approved by the Commission does not
maintain a fixed office in Texas for the duration of the provider's
approval to offer courses, the provider shall designate a resident
of this state as attorney-in-fact to accept service of process and
act as custodian of any records in Texas that the provider is required
to maintain by this section. A power-of-attorney designating the resident
must be filed with the Commission in a form acceptable to the Commission.
(b) Use of Qualified Instructor.
(1) Except as provided by this subsection, a provider
must use an instructor that is currently qualified under §535.63
of this subchapter (relating to Approval of Instructors of Qualifying
Courses) to teach the specified course.
(2) Each instructor shall be selected on the basis
of expertise in the subject area of instruction and ability as an
(3) A provider shall require specialized training or
work experience for instructors teaching specialized subjects such
as law, appraisal, investments, taxation or home inspection.
(4) An 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.
(5) A provider may use the services of a guest instructor
who does not meet the instructor qualifications under §535.63
of this subchapter for qualifying real estate or inspector courses
provided that person instructs for no more than 10% of the total course
(1) The following practices are prohibited:
(A) using any advertising which does not clearly and
conspicuously contain the provider's name on the first page or screen
of the advertising;
(B) representing that the provider's program is the
only vehicle by which a person may satisfy educational requirements;
(C) conveying a false impression of the provider's
size, superiority, importance, location, equipment or facilities,
except that a provider may use objective information published by
the Commission regarding pass rates if the provider also displays
next to the passage rate in a readily noticeable fashion:
(i) A hyperlink to the Commission website's Education
Provider Exam Passage Rate page labeled "TREC Provider Exam Pass Rates"
for digital media; or
(ii) A URL to the Commission website's Education Provider
Exam Passage Rate page labeled "TREC Provider Exam Pass Rates" for
(D) promoting the provider directly or indirectly as
a job placement agency, unless the provider is participating in a
program recognized by federal, state, or local government and is providing
job placement services to the extent the services are required by
(E) making any statement which is misleading, likely
to deceive the public, or which in any manner tends to create a misleading
(F) advertising a course under a course name other
than the course name approved by the Commission; or
(G) advertising using a name that implies the course
provider is the Texas Real Estate Commission, including use of the
acronym "TREC", in all or part of the course provider's name.
(2) Any written advertisement by a provider that includes
a fee that the provider charges for a course must display any additional
fees that the provider charges for the course in the same place in
the advertisement and with the same degree of prominence.
(3) The provider shall advertise a course for the full
clock hours of time for which credit is awarded.
(4) The provider is responsible for and subject to
sanctions for any violation of this subsection by any affiliate or
other third party marketer or web hosting site associated with or
used by the provider.
(d) Pre-enrollment agreements for approved providers.
(1) Prior to a student enrolling in a course, a provider
approved by the Commission shall provide the student with a pre-enrollment
agreement that includes all of the following information:
(A) the tuition for the course;
(B) an itemized list of any fees charged by the provider
for supplies, materials, or books needed in course work;
(C) the provider's policy regarding the refund of tuition
and other fees, including a statement addressing refund policy when
a student is dismissed or withdraws voluntarily;
(D) the attendance requirements;
(E) the acceptable makeup procedures, including any
applicable time limits and any fees that may be charged for makeup
(F) the procedure and fees, if applicable, associated
with exam proctoring;
(G) the procedure and fees for taking any permitted
makeup final examination or any permitted re-examination, including
any applicable time limits; and
(H) the notices regarding potential ineligibility for
a license based on criminal history required by Section 53.152, Texas
(2) A pre-enrollment agreement must be signed by a
representative of the provider and the student.
(e) Refund of fees by approved provider.
(1) A provider shall establish written policies governing
refunds and contingency plans in the event of course cancellation.
(2) If a provider approved by the Commission cancels
a course, the provider shall:
(A) fully refund all fees collected from students within
a reasonable time; or
(B) at the student's option, credit the student for
(3) The provider shall inform the Commission when a
student requests a refund because of a withdrawal due to the student's
dissatisfaction with the quality of the course.
(4) If a provider fails to give the notice required
by subsection (d)(1)(G), and an individual's application for a license
is denied by the Commission because the individual has been convicted
of a criminal offense, the provider shall reimburse the individual
the amounts required by Section 53.153, Texas Occupations Code.
(f) Course materials.
(1) Before the course starts, a provider shall give
each student copies of or, if a student has online access, provide
online access to any materials to be used for the course.
(2) A provider shall update course materials to ensure
that current and accurate information is provided to students as provided
for under §535.62 of this title (relating to Approval of Qualifying
(g) Presentation of courses.
(1) Classroom Delivery:
(A) The location for the course must be:
(i) conducive to instruction, such as a classroom,
training room, conference room, or assembly hall that is separate
and apart from work areas;
(ii) adequate for the class size;
(iii) pose no threat to the health or safety of students;
(iv) allow the instructor to see and hear each student
and the students to see and hear the instructor, including when offered
through the use of technology.
(B) The provider must:
(i) check the photo identification of each student
at class sign up and when signing in for each subsequent meeting of
(ii) ensure the student is present for the course for
the hours of time for which credit is awarded;
(iii) provide a 10 minute break per hour at least every
two hours; and
(iv) not have daily course segments that exceed 12
(C) If the course is a qualifying or non-elective continuing
education course delivered through the use of technology and there
are more than 20 students registered for the course, the provider
will also use:
(i) a monitor at the broadcast origination site to
verify identification of each student, monitor active participation
of each student and facilitate questions for the instructor; and
(ii) a proctor at each remote site with more than 20
students to verify identification of each student, monitor active
participation of each student and proctor any on-site examination.
(D) Makeup Session for Classroom Courses.
(i) A provider may permit a student who attends at
least two-thirds of an originally scheduled qualifying course to complete
a makeup session to satisfy attendance requirements.
(ii) A member of the provider's staff must approve
the makeup procedure to be followed. Acceptable makeup procedures
(I) attendance in corresponding class sessions in a
subsequent offering of the same course; or
(II) the supervised presentation by audio or video
recording of the class sessions actually missed.
(iii) A student shall complete all class makeup sessions
no later than the 90th day after the date of the completion of the
(iv) A student who attends less than two-thirds of
the originally scheduled qualifying course is not eligible to complete
a makeup session. The student shall automatically be dropped from
the course with no credit.
(2) Distance Education Delivery. The provider must
(A) the student taking all topics of the course and
completing all quizzes and exercises is the student receiving credit
for the course through a student identity verification process acceptable
to the Commission;
(B) a qualified instructor is available to answer students'
questions or provide assistance as necessary in a timely manner;
(C) a student has completed all instructional modules
and attended any hours of live instruction required for a given course;
(D) a qualified instructor is responsible for providing
answers and rationale for the grading of the written course work.
(3) A provider is not required to present topics in
the order outlined for a course on the corresponding course approval
(4) The periods of time prescribed to each unit of
a topic for a qualifying course as outlined on the corresponding course
approval form are recommendations and may be altered to allow instructors
flexibility to meet the particular needs of their students.
(h) Course examinations.
(1) The final examination given at the end of each
course must be given in the manner submitted to and approved by the
Commission. All final examinations must be closed book.
(2) Final examination questions must be kept confidential
and be significantly different from any quiz questions and exercises
used in the course.
(3) A provider shall not permit a student to view or
take a final examination before the completion of regular course work
and any makeup sessions required by this section.
(4) A provider must rotate all versions of the examination
required by §535.62(b)(7) throughout the approval period for
a course in a manner acceptable to the Commission and examinations
(A) require an unweighted passing score of 70%; and
(B) be proctored by a member of the provider faculty
or staff, or third party proctor acceptable to the Commission, who:
(i) is present at the test site or able to monitor
the student through the use of technology acceptable to the Commission;
(ii) has positively identified that the student taking
the examination is the student registered for and who took the course.
(5) The following are examples of acceptable third
(A) employees at official testing or learning/tutoring
(B) librarians at a school, university, or public library;
(C) college or university administrators, faculty,
or academic advisors;