(a)(No change.)
(b)Use of qualified [approved]
Instructor. [The use of approved CE instructor is governed by
this subsection.]
(1)Except as provided by this subsection, a CE provider
must use an instructor that:
(A)is currently qualified under §535.74
of this title [approved by the Commission]; and
(B)has expertise in the subject area of instruction
and ability as an instructor;
(2)A CE instructor shall teach a course in substantially
the same manner represented to the Commission in the instructor's
manual or other documents filed with the application for course approval
form;
(3)A CE provider may use the services of a guest instructor
who is not qualified under §535.74 of this title [approved
as a CE instructor by the Commission] for real estate or inspector
elective CE courses provided that:
(A)the [that] guest instructor
instructs for no more than a total of 50% of the course; and
(B)a [commission approved] CE instructor
qualified under §535.74 of this title remains in the classroom
during the guest instructor's presentation.
(4)A CE provider may use the services of a guest instructor
who is not qualified under §535.74 of this title [approved
as a CE instructor by the Commission] for 100% of a real estate
or inspector elective CE courses provided that:
(A)the CE provider is:
(i)an accredited college or university;
(ii)a professional trade association that is approved
by the Commission as a CE provider under §535.71 of this subchapter;
or
(iii)an entity exempt under §535.71 of this subchapter;
and
(B)the course is supervised and coordinated by a [Commission
approved] CE instructor qualified under §535.74 of
this title who is responsible for verifying the attendance of
all who request CE credit.
(c)(No change.)
(d)Course completion roster. Instead of providing
a course completion certificate, upon completion of a course, a CE
provider shall submit a class roster to the Commission as outlined
by this subsection.
(1)Classroom:
(A)A provider shall maintain a course completion
roster and submit information contained in the roster by
electronic means acceptable to the Commission not sooner
than the number of course credit hours has passed and [a
class roster in a format approved by the Commission] not later
than the 10th calendar day after the date a course is completed.
(B)A course completion roster shall include:
(i)the provider's name and license;
(ii)a list of all instructors whose services were
used in the course;
(iii)the course title;
(iv)the course numbers;
(v)the number of classroom credit hours;
(vi)the course delivery method [date
of issuance];
(vii)the dates the student started [registered
for, began] and completed the course; and
(viii)the signature of an authorized representative
of the provider [who was in attendance and] for whom an
authorized signature is on file with the Commission.
(C)The Commission shall not accept [signature
stamps or] unsigned course completion rosters.
(2)Distance Education delivery method. A provider
shall maintain a Distance Education Reporting form and submit information
contained in that form by electronic means acceptable to the Commission,
for each student completing the course not sooner [earlier
] than the number of course credit hours has
passed [for course credit] after the student starts
the course and not later than the 10th calendar day after
the student completed the course.
(3)A provider may withhold any official completion
documentation required by this subsection from a student until the
student has fulfilled all financial obligations to the provider.
(4)A provider shall maintain adequate security against
forgery for official completion documentation required by this subsection.
(e)(No change.)
(f)Changes in Ownership or Operation of an approved
CE Provider. Changes in ownership or operation of an approved CE provider
are governed by this subsection.
(1)An approved provider shall obtain the approval
of the Commission at least 30 days in advance of any material change
in the operation of the provider, including but not limited to changes
in:
(A)ownership;
(B)management; and
(C)the location of main office and any other locations
where courses are offered.
(2)An approved provider requesting approval of a change
in ownership shall provide a CE Provider Application including
all required information and the required fee [Principal
Information Form for each proposed new owner who would hold at least
a 10% interest in the provider to the Commission].
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-201901372 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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