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Historical Rule for the Texas Administrative Code

TITLE 22EXAMINING BOARDS
PART 23TEXAS REAL ESTATE COMMISSION
CHAPTER 535GENERAL PROVISIONS
SUBCHAPTER GMANDATORY CONTINUING EDUCATION
RULE §535.72Mandatory Continuing Education: Presentation of Courses, Advertising and Records

(k) Course administration. Providers of MCE courses are responsible to the commission for the conduct and administration of each course presentation, the punctuality of classroom sessions, verification of student attendance, and instructor performance. Providers shall ensure that the required legal courses are administered by instructors in substantially the same manner as disseminated and updated by the commission. During the presentation of a course, providers may not promote the sale of goods or services.

(l) Updates. If the commission determines that it is in the public interest to update the required legal courses about changes in the law, the commission may require the provider to furnish each student with a copy of the information. The commission also may require the provider to ensure that the provider's instructors include the material in the presentation of the course. The commission shall furnish the provider with a copy of the information and notify the provider that the commission requires compliance with this subsection in a required legal course or any elective course combined with a legal course offered after the provider's receipt of the notice.

(m) Change in ownership. In the event of a change of ownership, the provider must obtain approval from the commission prior to the change, and proposed new owners shall submit an MCE Form 2-2, Principal Information Form. Providers shall report a change in business name, street or mailing address, person responsible for records or day-to-day operations, or persons authorized to sign MCE forms at least 15 days prior to the desired date of change. Providers shall report any change in refund policy, attorney-in-fact, address of attorney-in-fact or business telephone number as the change occurs.

(n) MCE credit for instructors. Providers may request MCE credit be given to instructors of MCE courses subject to the following guidelines.

  (1) The instructors may receive credit for only those portions of the course that they teach by filing a completed MCE Form 11-4, Instructor Credit Request.

  (2) The instructors may receive full course credit by attending all of the remainder of the course and signing the course completion roster.

(o) Written policies. Each provider shall establish written policies governing refunds and contingency plans in the event of course cancellation. If the provider cancels a course, the provider shall fully refund all fees collected from students, or at the student's option, the provider may credit the student for another course of equal or greater credit hours.


Source Note: The provisions of this §535.72 adopted to be effective September 1, 2004, 29 TexReg 8285; amended to be effective December 30, 2007, 32 TexReg 9990

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