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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 §535.61Approval of Providers of Qualifying Courses

    (B) displayed on the Commission website by license category.

  (2) The Commission will calculate the exam passage rate of an approved provider on a monthly basis by:

    (A) determining the number of students affiliated with that approved provider who passed the examination on their first attempt in the two-year period ending on the last day of the previous month; and

    (B) dividing that number by the total number of students affiliated with that provider who took the exam for the first time during that same period.

  (3) A student is affiliated with a provider under this subsection if the student took the majority of his or her hours of qualifying education with the provider in the two year period prior to taking the exam for the first time.

  (4) For purposes of approving a subsequent application under subsection (j), the established exam passage rate benchmark for each license category is 80% of the average percentage of the total examinees for that license category who passed the examination on the first attempt in the two year period ending on the last day of the previous month.

  (5) If at the time the Commission receives a subsequent application for a provider, the provider's exam passage rate does not meet the established benchmark for a license category the provider will be:

    (A) disapproved for that license category if the provider's exam passage rate is less than 50% of the average percentage of the total examinees for that license category who passed the examination on the first attempt in the two year period ending on the last day of the previous month; or

    (B) placed on probation by the Commission if the provider's exam passage rate is 50% or greater of the average percentage of the total examinees for that license category who passed the examination on the first attempt in the two year period ending on the last day of the previous month.

  (6) The exam passage rate of a provider on probation will be reviewed annually at the time the annual operating fee is due to determine if the provider can be removed from probation, remain on probation or have its license revoked, based on the criteria set out in paragraph (5) of this subsection.


Source Note: The provisions of this §535.61 adopted to be effective January 1, 2015, 39 TexReg 9669; amended to be effective January 1, 2016, 40 TexReg 8226

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