(a)A provider must ensure that an instructor
who teaches [Application for approval.]
[(1)A person desiring to be approved
by the Commission to teach] real estate or real estate inspection
qualifying courses is competent[shall:]
[(A)file an application on the appropriate
form approved by the Commission; and]
[(B)submit the required fee required
by §535.101 or §535.210 of this title.]
[(2)The Commission may:]
[(A)request additional information
be provided to the Commission relating to an application; and]
[(B)terminate an application without
further notice if the applicant fails to provide the additional information
not later than the 60th day after the Commission mails the request.]
[(b) Standards for instructor approval.
To be approved as an instructor by the Commission to teach real estate
or real estate inspection qualifying courses, the applicant must meet
the following standards:]
[(1)The applicant must satisfy the
Commission as to:]
[(A)the applicant's honesty, trustworthiness,
and integrity; and]
[(B)the person's competency]
in the subject matter to be taught and has the ability
to teach effectively.
(b)[(2)] Except as provided
by subsection (c) of this section [paragraph (3) of
this subsection], the provider [applicant]
must use an instructor who possesses [possess]
the following qualifications:
(1)[(A)] a college degree in
the subject area to be taught and three years of experience
in teaching or training;
(2)[(B)] five years of active
experience as a license holder (broker for Real Estate Brokerage
and Broker Responsibility courses) and three years of experience
in teaching or training; or
(3)[(C)] the equivalent of subsection
(b)(1) or (2) [paragraph (2)(A) or (B)] of this section
[subsection] as determined by the provider [
Commission] after consideration of the instructor's [
applicant's] professional experience, research, authorship,
or other significant endeavors in real estate or real estate inspection
.[; and]
[(D)provide a completion certificate
from an in-person classroom adult education instructor training course
of at least 8 hours that is acceptable to the Commission and dated
within four years of the date of application.]
(c) For [(3) To be approved
as an instructor of] Texas Standards of Practice, Standards
of Practice Review, or Inspector Legal and Ethics, the
provider must use [or as an instructor of a ride along
inspection course as defined in §535.218 of this title,]
an instructor who has [applicant must have]
five years of active licensure as a Texas professional inspector,
and has [have]:
(1)[(A)] performed a minimum
of 200 real estate inspections as a Texas professional inspector;
or
(2)[(B)] three years of experience
in teaching and/or sponsoring trainees or inspectors.
[(4)To be approved as an instructor
of a Commission approved adult education instructor training course,
an applicant must satisfy the Commission that the applicant:
[(A)is currently approved to teach an adult education
certification course accepted by the Commission for credit under paragraph
(2)(D) of this subsection, such as CREI or ITI;]
[(B)has a college degree in adult education from an
accredited college or university and two years of recent experience
training adult educators; or]
[(C)the equivalent of paragraph (4)(A) or (B) of this
subsection as determined by the Commission after consideration of
the applicant's professional experience, references, research, authorship,
or other significant endeavors in training adult educators.]
[(c)Approval notice. An applicant
shall not act as or represent that the applicant is an approved instructor
until the applicant has received written notice of the approval from
the Commission to teach specified courses.]
[(d)Period of approval. The approval
of an instructor is valid for two years.]
[(e)Disapproval of an application.]
[(1)If the Commission determines that an applicant
does not meet the standards for approval, the Commission shall disapprove
the application and provide written notice of the disapproval to the
applicant.]
[(2)The disapproval notice, applicant's request for
a hearing on the disapproval, and any hearing are governed by the
Administrative Procedure Act, Texas Government Code, Chapter 2001,
and Chapter 533 of this title (relating to Practice and Procedure).
Venue for any hearing conducted under this section shall be in Travis
County.]
[(f)Subsequent approval.]
[(1)Not earlier than 90 days before the expiration
of its current approval, an approved instructor may apply for subsequent
approval for another two year period.]
[(2)Approval or disapproval of a subsequent approval
shall be subject to the standards for initial applications set out
in this section.]
The agency certifies that legal counsel has
reviewed the proposal and found it to be within the state agency's
legal authority to adopt.
Filed with the Office
of the Secretary of State on May 8, 2019
TRD-201901373 Chelsea Buchholtz
General Counsel
Texas Real Estate Commission
Earliest possible date of adoption: June 23, 2019
For further information, please call: (512) 936-3177
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