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Historical Rule for the Texas Administrative Code

TITLE 22EXAMINING BOARDS
PART 23TEXAS REAL ESTATE COMMISSION
CHAPTER 535PROVISIONS OF THE REAL ESTATE LICENSE ACT
SUBCHAPTER FEDUCATION, EXPERIENCE, EDUCATIONAL PROGRAMS, TIME PERIODS, AND TYPE OF LICENSE
RULE §535.61Examinations and Acceptance of Courses
Repealed Date:01/31/2000

(u) The commission shall evaluated credit instruments from courses of study completed from institutions of higher outside the United States and its Territories which are members of the International Association of Universities.

(v) The commission shall accept classroom hour units of instruction as such are reflected on the credit instruments under evaluation, if the commission is satisfied that the amount of classroom instruction reflected on the certificate is compatible with the amount of clock hour instruction the student actually received.

(w) The commission shall accept 15 classroom hours for one semester hour of credit conferred from an acceptable course of study.

(x) The commission shall accept 10 classroom hours for one quarter hour of credit conferred from an acceptable source of study.

(y) The commission shall accept 10 classroom hours of credit for each continuing education unit conferred from an acceptable source of study.

(z) When credit is conferred for a course of study, such credit will be for the complete credit units (classroom hours, semester hours, quarter hours, continuing education units) offered and presented for the given course. Credit shall not be conferred for partial or any amount of units other than the total units offered in the course of study. Specifically, the commission shall not credit 30 hours of classroom instruction for a course which presents and offers 45 hours of classroom study, nor shall the commission award semester hour credits for any semester hours other than that shown on the transcript as earned credit.

(aa) The commission may not accept more than one course with the same course title and level or same course content and level completed within three years of each other, unless there have been significant changes in the subject matter, such as the promulgation of new contract forms, major law revisions, and major changes in real estate financing. The commission may not accept for core real estate credit a core real estate course completed more than ten years prior to the date of the applicant's transcript evaluation. The commission may accept for real estate related course credit a core course not completed within the ten year period established by this section. If the commission has evaluated the education of a potential applicant, courses acceptable at the time of the evaluation will not be rejected under this subsection for a period of one year after the date of the evaluation. Provided, however, the ten-year restriction on the acceptance of courses does not apply in either of the following instances.

  (1) The applicant was licensed as a real estate broker or salesperson in this or any other state within the five year period prior to filing the application.

  (2) The course was offered by an accredited college or university or by a school accredited by the commission.

(bb) The commission shall accept for the educational requirements for licensure a commission-approved course emphasizing salesmanship or sales techniques, provided, however, that courses which are primarily motivational shall not be accepted.

(cc) Acceptable courses of study for licensure shall be those prescribed by statute and those related courses as determined by the commission. The commission will periodically publish guidelines as to the acceptability of related courses.

(dd) In evaluating courses for the educational requirements for licensure, the commission may require an applicant to furnish materials such as course outlines, syllabi and course descriptions in support of credit instruments. The commission may require official transcripts to verify course work.

(ee) The commission may accept experiential learning credits or credits awarded by final course examination only for real estate related courses from an accredited college or university. The commission may not accept experiential learning credits or credits awarded by final course examination only for core real courses from any source. Credits obtained from alternative delivery methods may be accepted by the commission if the course satisfies the requirements for such a course contained in §535.71 of this title (relating to Mandatory Continuing Education).

(ff) A person should satisfy educational and experience requirements prior to filing an application for licensure. Applications which do not meet such requirements will be held by the commission, and the applicant will be notified in writing of any deficiencies. Deficiencies must be cured, and the competency examination must be passed within six months from the filing of the application. Application and transcript evaluation fees are not refundable.

(gg) If the commission contracts with a testing service to administer examinations, the examinations will be conducted in accordance with the Act and in the manner contemplated by these sections, except when the contract between the testing service and the commission requires otherwise.

(hh) The contents of examinations administered by the commission or by a testing service under contract with the commission are confidential. Obtaining or attempting to obtain specific questions or answers from an applicant, a commission employee or any person hired by or associated with the testing service, for the purpose of providing the questions or answers to another person who is either an applicant or a potential applicant, is grounds to impose disciplinary action under the Act, §15(a)(2), §15(B)(b) or §23(m)(4), under §535.66 of this title (relating to Educational Programs: Accreditation), §535.73 of this title (relating to Compliance and Enforcement), or §535.213 of this title (relating to Schools and Courses of Study in Real Estate Inspection). Removing or attempting to remove questions or answers from an examination site, or providing or attempting to provide examination questions or answers to another person, knowing the person is an applicant or prospective applicant, or that the person intends to provide the questions or answers to an applicant or potential applicant is grounds for disapproval of a pending application for any license issued by the commission, including school accreditations and approvals for providers or instructors.


Source Note: The provisions of this §535.61 adopted to be effective January 1, 1976; amended to be effective November 14, 1979, 4 TexReg 3999; amended to be effective December 25, 1980, 5 TexReg 4909; amended to be effective March 30, 1987, 12 TexReg 823; amended to be effective July 14, 1987, 12 TexReg 2146; amended to be effective October 27, 1987, 12 TexReg 3775; amended to be effective March 19, 1990, 15 TexReg 1235; amended to be effective May 4, 1995, 20 TexReg 3015; amended to be effective September 7, 1995, 20 TexReg 6653; amended to be effective January 30, 1996, 21 TexReg 431; amended to be effective January 7, 1997, 21 TexReg 12542; amended to be effective July 14, 1997, 22 TexReg 6264; amended to be effective April 14, 1998, 23 TexReg 3682.

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