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RULE §67.25Continuing Education

(a) Terms used in this section have the meanings assigned by Chapter 59 of this title, unless the context indicates otherwise.

(b) To renew a license as an auctioneer or associate auctioneer, a licensee must complete six hours of continuing education in courses approved by the department, including two hours of instruction in laws and rules that regulate the conduct of auctioneers and associate auctioneers.

(c) The continuing education hours must have been completed within the term of the current license, in the case of a timely renewal. For a late renewal, the continuing education hours must have been completed within the one year period immediately prior to the date of renewal.

(d) A licensee may not receive continuing education credit for attending the same course more than once.

(e) A licensee must retain a copy of the certificate of completion for a course for one year after the date of completion. In conducting any inspection or investigation of the licensee, the department may examine the licensee's records to determine compliance with this subsection.

(f) To be approved under Chapter 59 of this title, a provider's course must be dedicated to instruction in one or more of the following topics:

  (1) Texas Occupations Code, Chapter 1802, Auctioneers;

  (2) Title 16, Texas Administrative Code, Chapter 67, Auctioneers Administrative Rules;

  (3) other laws and rules that regulate the conduct of auctioneers and associate auctioneers;

  (4) auction-related laws, such as the Uniform Commercial Code - Sales, Title 1, Chapter 2, Texas Business and Commerce Code §2.328 and the Deceptive Trade Practices - Consumer Protection Act, Chapter 17, Subchapter E, Texas Business and Commerce Code; or

  (5) business practices, such as insurance, auction ethics, contracts, maintenance of trust accounts, and marketing.

(g) A licensee whose license has been placed on inactive status, pursuant to Texas Occupations Code, §51.4011 is not required to complete continuing education as required by this section until the licensee seeks to change to 'active' status.

Source Note: The provisions of this §67.25 adopted to be effective June 1, 2005, 30 TexReg 3094; amended to be effective December 1, 2006, 31 TexReg 9601; amended to be effective April 30, 2012, 37 TexReg 3075; amended to be effective January 1, 2014, 38 TexReg 9507; amended to be effective February 15, 2016, 41 TexReg 799

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