| (a) For the purposes of this section, an "accredited
college or university" is defined as 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 by a recognized
national or international accrediting body.
(b) Exemption. Pursuant to §1101.301, Texas Occupations
Code, the Commission does not approve qualifying educational programs
or courses of study in real estate and real estate inspection offered
by an accredited college or university; however, the Commission has
the authority to determine whether a real estate or real estate inspection
course satisfies the requirements of the Act and Chapter 1102.
(c) Credit for real estate courses offered by an accredited
college or university. To be eligible to receive credit by the Commission,
qualifying courses offered by an accredited college or university
must meet the following requirements:
(1) cover the subject and topics listed in §1101.003,
Texas Occupations Code, or §535.64 of this subchapter (relating
to Content Requirements for Qualifying Real Estate Courses); and
(2) comply with the curriculum accreditation standards
required of the college or university by the applicable accreditation
association for verification of clock/course hours, design and delivery
method.
(d) Credit for real estate inspector courses offered
by an accredited college or university. To be eligible to receive
credit by the Commission, qualifying courses offered by an accredited
college or university meet the following requirements:
(1) meet the subject and topic definitions set out
in §1102.001(5), Texas Occupations Code, as clarified by the
Commission in §535.213 of this chapter (relating to Qualifying
Real Estate Inspector Instructors and Courses); and
(2) comply with the curriculum accreditation standards
required of the college or university by the applicable accreditation
association for verification of clock/course hours, design and delivery
method.
(3) any courses offered to fulfill the substitute experience
requirements allowed under §1102.111 must meet the requirements
set out in §535.214 of this chapter (relating to Education and
Experience Requirements for a License).
(e) Credit for easement or right-of-way courses offered
by an accredited college or university. To be eligible to receive
credit by the Commission, qualifying courses offered by an accredited
college or university must meet the following requirements:
(1) cover the subject and topics set out in §1101.509,
Occupations Code, in substantially the same manner as clarified by
the Commission in §535.68 of this subchapter (relating to Content
Requirements for Easement or Right-of-Way Qualifying Course); and
(2) comply with the curriculum accreditation standards
required of the college or university by the applicable accreditation
association for verification of clock/course hours, design, and delivery
method.
(f) Preapproval of a course offered under subsections
(c), (d), or (e).
(1) An accredited college and university may submit
qualifying courses to the Commission for preapproval by filing a form
approved by the Commission.
(2) Any course offered by an accredited college or
university without preapproval by the Commission will be evaluated
by the Commission, using the standards set out in this section, to
determine whether it qualifies for credit at such time as a student
submits a transcript with the course to the Commission for credit.
(3) An accredited college or university may not represent
that a course qualifies for credit by the Commission unless the accredited
college or university receives written confirmation from the Commission
that the course has been preapproved for credit.
(g) Required approval of qualifying courses not offered
under subsections (c), (d), or (e) of this section or that are not
subject to academic accreditation standards.
(1) To be eligible for credit from the Commission,
a qualifying course offered by an accredited college and university
that is not offered under subsections (c), (d), or (e) of this section
or that is not subject to academic accreditation standards is required
to be submitted for approval by the Commission in accordance with §535.62
of this subchapter (relating to Approval of Qualifying Courses), including
payment of any fee required.
(2) An accredited college or university may not represent
that a course qualifies for credit by the Commission unless the accredited
college or university receives written confirmation from the Commission
that the course has been approved.
(h) Complaints and audits.
(1) If the Commission receives a complaint, or is presented
with other evidence acceptable to the Commission, alleging that an
accredited college or university is not in compliance with their accreditation
association's curriculum accreditation standards for a real estate,
easement or right-of-way, or real estate inspection course offered
under subsections (c), (d), or (e) of this section, or is not complying
with the requirements of this subchapter for a real estate, easement
or right-of-way, or real estate inspection course not offered under
subsections (c), (d), or (e) of this section, the Commission may investigate
the allegation and/or anonymously audit the course in question.
(2) If after an investigation and/or audit, the Commission
determines that an accredited college or university is not in compliance
with their accreditation association's curriculum accreditation standards
for a real estate, easement or right-of-way, or real estate inspection
course offered under subsections (c), (d), or (e), or is not complying
with the requirements of this subchapter for a real estate, easement
or right-of-way, or real estate inspection course not offered under
subsections (c), (d), or (e) of this section, the Commission will
no longer issue credit to applicants for that course.
(i) Required approval of CE program and courses. An
accredited college or university is not exempt from approval for real
estate and real estate inspection CE programs and courses and must
comply with all requirements for approval for providers, courses and
instructors required by Subchapter G of this chapter.
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| Source Note: The provisions of this §535.66 adopted to be effective January 1, 2015, 39 TexReg 9669; amended to be effective January 1, 2016, 40 TexReg 8226; amended to be effective September 1, 2022, 47 TexReg 3053; amended to be effective June 11, 2023, 48 TexReg 2948 |
