(a)A provider must ensure that an
instructor who teaches continuing education courses is competent in
the subject matter to be taught and has the ability to teach effectively.
[(a)Application for approval.]
[(1)A person desiring to be approved by the Commission
to be an instructor for elective real estate or real estate inspection
CE courses shall:]
[(A)file an application on the appropriate form approved
by the Commission; and]
[(B)pay the fee the 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)The provider must use an instructor who possess
the following additional qualifications [Certification
required] to teach real estate non-elective CE courses:[
.]
(1)[An applicant may not teach a real estate
non-elective CE course until the application has received written
certification from the Commission to teach a specific non-elective
continuing education course.]
[(2)][To obtain certification to teach
a real estate non-elective CE course, the applicant must:]
[(A)]meet the criteria to teach [
be currently approved by the Commission as an instructor for]
qualifying courses under §535.63 of this chapter;[subchapter
in the subject areas of:]
[(i)Principles of Real Estate, Law
of Agency and Law of Contracts to teach Legal Update I and II; or]
[(ii)Principles of Real Estate, Law
of Agency, Law of Contracts and Real Estate Brokerage to teach Broker
Responsibility];
(2)[(B)] successfully complete
an instructor training program authorized [approved]
by the Commission for the version of the non-elective CE
course to be taught [for which certification is sought];
and
(3)[(C)] receive a passing grade
of at least 80% on the non-elective CE course final examination
promulgated by the Commission.
[(3)A previously certified instructor
must be recertified to teach a non-elective CE course whenever the
previous course has expired and a new course has been approved.]
[(4)An instructor's certification
to teach a legal update course expires on December 31 of every odd-numbered
year.]
[(5)An instructor's certification
to teach the broker responsibility course expires on December 31 of
every even-numbered year.]
(c)For [To be approved as an instructor
of] 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)performed a minimum of 200 real estate inspections
as a Texas professional inspector; or
(2)three years of experience in teaching and/or sponsoring
trainees or inspectors.
(d)An inspector is qualified to instruct
a Ride-Along Course as defined in §535.218 of this title if the
inspector has five years of active licensure as a Texas professional
inspector, and has:
(1)performed a minimum of 200 real estate inspections
as a Texas professional inspector; or
(2)three years of experience in teaching and/or sponsoring
trainees or inspectors.
[(d)Approval notice. An applicant
shall not act as or represent itself to be an approved real estate
inspection instructor until the applicant has received written notice
of the approval from the Commission.]
[(e)Standards for instructor approval
for continuing elective education courses. To be approved as an instructor
by the Commission to teach real estate or real estate inspection elective
CE courses, the applicant must satisfy the Commission as to:]
[(1)the applicant's honesty, trustworthiness, and
integrity; and]
[(2)the person's competency in the subject matter
to be taught and ability to teach effectively.]
[(f)Approval notice. An applicant
shall not act as or represent itself to be an approved elective CE
instructor until the applicant has received written notice of the
approval from the Commission.]
[(g)Period of approval. The approval
of an elective CE instructor is valid for two years.]
[(h)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.]
[(i)Subsequent approval.]
[(1)Not earlier than 90 days before the expiration
of its current approval, a CE instructor may apply for approval for
another two year period.]
[(2)Approval or disapproval of a subsequent application
shall be subject to the standards for initial applications for approval
set out in the 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-201901381 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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