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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 §535.62Approval of Qualifying Courses

    (B) cease use of materials; or

    (C) withdraw a course text.

  (3) If a provider paid a fee for the initial course approval, the provider will receive a prorated credit on the fee paid under this subsection for the unexpired time remaining on that initial approval. The Commission will calculate the prorated credit by dividing the fee paid for the initial approval by 48 months and multiplying that amount by the number of full months remaining between the approval date of the revised course and the expiration date of the currently approved version of the course.

  (4) A revised course approved under this subsection expires four years from the date of approval of the revision.

  (5) No later than 90 days before the effective date of a revised course, a provider shall send written notice to all students who have purchased the currently approved course and not completed it, that credit will no longer be given for the current course as of the effective date of the revised course.

  (6) If an approved provider fails to give the notice set out in paragraph (5) of this subsection, the provider shall allow the student to take the revised course at no additional charge.

(g) Expiration of approval.

  (1) Courses approved after January 1, 2011 are valid for four years from the date of approval.

  (2) Courses approved before January 1, 2011 expire on December 31, 2015.

  (3) Courses approved for use by a subsequent provider under subsection (d) expire on the same date that the originally approved course expires.

  (4) Currently approved versions of a course expire 90 days after approval of a revised version of that course.

(h) Renewal of course approval. Not earlier than 90 days before the expiration of a course approval, a provider may obtain a renewal of course approval for another four year period by following the process and meeting the current standards for an initial course approval.

(i) Course preapproval for exempt providers.

  (1) Providers exempt from approval by the Commission may submit courses to the Commission for preapproval by meeting the standards for course approval under this section, including submitting all applicable forms and fees.

  (2) Any course offered by an exempt provider without preapproval by the Commission will be evaluated by the Commission to determine whether it qualifies for credit at such time as a student submits a course completion certificate to the Commission for credit.

  (3) The Commission will determine whether or not a course offered by an exempt provider without preapproval by the Commission qualifies for credit using the standards set out under this section.

  (4) An exempt provider may not represent that a course qualifies for credit by the Commission unless the exempt provider receives written confirmation from the Commission that the course has been preapproved for credit.


Source Note: The provisions of this §535.62 adopted to be effective January 1, 2015, 39 TexReg 9669; amended to be effective January 1, 2016, 40 TexReg 8226; amended to be effective December 7, 2016, 41 TexReg 9521

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