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(a)Except as provided by this Section, CE providers
must comply with the responsibilities and operations requirements
of §535.65 of this title.
(b)Use of Qualified Instructor.
(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; 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 for real estate
or inspector elective CE courses provided that:
(A)the guest instructor instructs for no more than
a total of 50% of the course; and
(B)a 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 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 CE
instructor qualified under §535.74 of this title who is responsible
for verifying the attendance of all who request CE credit.
(c)CE course examinations. Examinations are only required
for CE courses offered through distance education delivery and must
comply with the requirements in §535.72(h)(1)(B) of this subchapter
and have a minimum of four questions per course credit hour.
(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 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;
(vii)the dates the student started and completed the
course; and
(viii)the signature of an authorized representative
of the provider for whom an authorized signature is on file with the
Commission.
(C)The Commission shall not accept 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 than the number
of course credit hours has passed 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)Maintenance of records. Maintenance of CE provider's
records is governed by this subsection.
(1)A CE provider shall maintain records of each student
enrolled in a course for a minimum of four years following completion
of the course, including course and instructor evaluations and student
enrollment agreements.
(2)All records may be maintained electronically but
must be in a common format that is legibly and easily printed or viewed
without additional manipulation or special software.
(3)A CE provider shall maintain any comments made
by the provider's management relevant to instructor or course evaluations
with the provider's records.
(4)Upon request, a CE provider shall produce instructor
and course evaluation forms for inspection by Commission staff.
(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.
The agency certifies that legal counsel has
reviewed the adoption and found it to be a valid exercise of the agency's
legal authority.
Filed with the Office
of the Secretary of State on August 13, 2019
TRD-201902633 Chelsea Buchholtz
General Counsel
Texas Real Estate
Commission
Effective date: September 2, 2019
Proposal publication date: May 24, 2019
For further information, please call: (512) 936-3177
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