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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 §535.71Approval of Providers, Courses, and Instructors

(p) Elective credit courses. To be approved to offer a course for MCE elective credit, the provider must demonstrate that the course subject matter is appropriate for a continuing education course for real estate licensees and that the information provided in the course will be current and accurate by submitting a brief statement that describes the objective of the course and explains how the subject matter is related to activities for which a real estate license is required, including but not limited to relevant issues in the real estate market or topics which increase or support the licensee's development of skill and competence.

(q) Elective course application. A provider applicant must submit an MCE Course Application and receive written acknowledgment from the commission prior to offering an MCE elective course. Prior to advertising or offering a course offered by another provider, the subsequent provider must submit a Course Application Supplement and receive written acknowledgment from the commission.

(r) Legal update and legal ethics course application. A provider must submit a MCE Course Application Supplement and receive written acknowledgment from the commission prior to offering a required legal update or required legal ethics course.

(s) Core courses for elective credit. Courses approved by the commission for core real estate course credit provided in §1101.356 and §1101.358 of the Act may be accepted for satisfying MCE elective credit course requirements provided the student files a course completion certificate with the commission.

(t) Acceptable combined courses. An elective credit course offered by a provider to satisfy all or part of the nine hours of other than legal topics required by §1101.455 of the Act may be offered with the required legal update course or required legal ethics course.

(u) Required legal courses for real estate related courses. MCE legal update and legal ethics courses may be accepted by the commission as real estate related courses for satisfying the education requirements of §1101.356 and §1101.358, of the Act.

(v) Correspondence courses for elective credit. An MCE provider may register an MCE elective course by correspondence with the commission if the course is subject to the following conditions:

  (1) the course must be offered by a college or university accredited by a regional accrediting association, such as the Commission on Colleges of the Southern Association of Colleges and Schools, or its equivalent, which offers correspondence courses, whether credit or noncredit, in other disciplines;

  (2) the content of the course must satisfy the requirements of §1101.455 of the Act and this section; and

  (3) the course does not include a request for required legal course credit.

(w) Alternative delivery method courses for elective credit. An MCE provider may register an MCE elective course by alternative delivery method with the commission if the course is subject to the following conditions:

  (1) the content of the course must satisfy the requirements of §1101.455 of the Act and this section;

  (2) the course does not include a request for required legal course credit; and

  (3) every provider offering a registered course under this subsection shall:

    (A) ensure that a qualified person is available to answer students' questions or provide assistance as necessary;

    (B) provide that procedures are in place to ensure that the student who completes the work is the student who is enrolled in the course; and

    (C) certify students as successfully completing the course only if the student:

      (i) has completed all instructional modules; and

      (ii) has attended any hours of live instruction and/or testing required for a given course.

(x) Correspondence courses for required legal credit. The commission may approve a provider to offer an MCE required legal ethics course by correspondence subject to the following conditions:

  (1) the course must be offered by a college or university accredited by a regional accrediting association, such as the Commission on Colleges of the Southern Association of Colleges and Schools, or its equivalent, which offers correspondence courses, whether credit or noncredit, in other disciplines;

  (2) the content of the course must satisfy the requirements of §1101.455 of the Act and this section and must be substantially similar to the legal courses disseminated and updated by the Commission;

  (3) students receiving MCE credit for the course must pass either:

    (A) a proctored final examination administered under controlled conditions to positively identified students, at a location and by an official approved by the commission and graded by the instructor or, if the examination is being graded mechanically or by use of a computer, by the provider, using answer keys approved by the instructor or provider; or

    (B) an examination by use of a computer under conditions that satisfy the commission that the examinee is the same person who seeks MCE credit; and

  (4) written course work required of students must be graded by an approved instructor or the provider's coordinator or director, who is available to answer students' questions or provide assistance as necessary, using answer keys approved by the instructor or provider.

(y) Each required legal course offered by correspondence must contain the following:

  (1) course description;

  (2) learning objectives;

  (3) evaluation techniques;

  (4) lessons;

  (5) learning activities;

  (6) final examination;

  (7) source materials disseminated by the Commission including all updates; and

  (8) instructor grading guidelines, including acceptable answers for lessons, assessments and examinations.

(z) Alternative delivery method courses for required legal credit. The commission may accept required legal courses offered by alternative delivery method subject to the following conditions.

  (1) The content of the course must satisfy the requirements of §1101.455 of the Act and this section and must be substantially similar to the legal courses disseminated and updated by the Commission.

  (2) The course was certified by a distance learning certification center that is acceptable to the commission.

  (3) An approved instructor or the provider's coordinator/director graded the written course work.

  (4) The provider:

    (A) ensured that a qualified person was available to answer students' questions or provide assistance as necessary;

    (B) certified students as successfully completing the course only if the student:

      (i) completed all instructional modules required to demonstrate mastery of the material;

      (ii) attended any hours of live instruction and/or testing required for a given course; and

      (iii) passed either:

        (I) a proctored final examination administered under controlled conditions to positively identified students, at a location and by an official approved by the commission and graded by the instructor or, if the examination is being graded mechanically or by use of a computer, by the provider, using answer keys approved by the instructor or provider; or

        (II) an examination by use of a computer under conditions that satisfy the commission that the examinee is the same person who seeks credit; and

        (III) provided the students with the same materials given to students who attend the same course by live instruction.

(aa) Supervised Video Instruction for elective course credit. A provider may register a course under subsection (q) of this section to be taught by supervised video instruction if:

  (1) the provider complies with §535.72 of this chapter when offering and advertising the course and when completing rosters and retaining records;

  (2) a proctor is present during the time the video is shown; and

  (3) the provider discloses in any advertisement for the course that the instruction will be by supervised video instruction.

(bb) Supervised Video Instruction for required legal course credit. A provider may register a course under subsection (r) of this section to be taught by supervised video instruction if the provider:

  (1) complies with subsection (aa)(1) - (3) of this section;

  (2) ensures that a certified instructor is available to answer students' questions or provide assistance as necessary; and

Cont'd...

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