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Historical Rule for the Texas Administrative Code

TITLE 22EXAMINING BOARDS
PART 23TEXAS REAL ESTATE COMMISSION
CHAPTER 535GENERAL PROVISIONS
SUBCHAPTER FREQUIREMENTS FOR EDUCATION PROVIDERS, COURSES AND INSTRUCTORS FOR QUALIFYING EDUCATION
RULE §535.65Responsibilities and Operations of Providers of Qualifying Courses

  (4) A provider shall maintain any comments made by the provider's management relevant to instructor or course evaluations with the provider's records.

  (5) At the Commission's request, a provider shall produce instructor and course evaluation forms for inspection by Commission staff.

(m) Maintenance of records for a provider of qualifying courses.

  (1) A 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 enrollment agreements.

  (2) A provider shall maintain financial records sufficient to reflect at any time the financial condition of the school.

  (3) A school's financial statement and balance sheets must be available for audit by Commission staff, and the Commission may require presentation of financial statements or other financial records.

  (4) 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.

(n) Changes in Ownership or Operation of an approved provider of qualifying courses.

  (1) An approved provider shall obtain the approval of the Commission in advance of any material change in the operation of the provider, including but not limited to changes in:

    (A) ownership;

    (B) management; and

    (C) the location of main office and any other locations where courses are offered.

  (2) An approved provider, upon transfer to the new owner, must meet the financial review standards imposed by §535.61 of this subchapter.

  (3) An approved provider requesting approval of a change in ownership shall provide all of the following information or documents to the Commission:

    (A) a new bond of $20,000 for the proposed new owner, a statement from the bonding company indicating that the former bond will transfer to the proposed new owner, or other security acceptable to the Commission under §1101.302 of the Act;

    (B) an Education Provider Application reflecting all required information for each proposed new owner; and

    (C) a Principal Information Form for each proposed new owner who would hold at least a 10% interest in the school.


Source Note: The provisions of this §535.65 adopted to be effective January 1, 2015, 39 TexReg 9669

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