(a) - (d)(No change.)
|[(e) Instructors. A CE provider must
[(1) For non-elective real estate CE courses, an approved
instructor who has been certified as required under §535.74 of
this title; and]
[(2) For non-elective inspector CE courses, an approved
instructor who has been approved as required under §535.74 of
(e)[ (f)] Delivery method. Non-elective
CE courses must be delivered by one of the following delivery methods:
(2)distance education delivery; or
(3)a combination of (1) and (2) of this subsection
if at least 50% of the combined course is offered by classroom delivery.
(f)[ (g)] Except as provided
in this section, non-elective CE courses must meet the presentation
requirements of §535.65(g) of this title (relating to Responsibilities
and Operations of Providers of Qualifying Courses).
(1)Classroom Delivery. The provider must submit a
course completion roster in accordance with §535.75(d) of this
subchapter (relating to Responsibilities and Operations of Continuing
(2)Distance Education Delivery.
(A)Non-elective real estate courses are designed by
the Commission for interactive classroom delivery. Acceptable demonstration
of a method to engage distance education delivery students in interactive
discussions and group activities, as well as additional material to
meet the course objectives and time requirements are required for
(B)The provider must submit a course completion roster
in accordance with §535.75(d) of this subchapter.
(g)[ (h)] Course examinations.
(1)A provider must administer a final examination
promulgated by the Commission for non-elective CE courses as follows:
(A)For classroom delivery, the examination will be
given as a part of class instruction time with each student answering
the examination questions independently followed by a review of the
correct answers by the instructor. There is no minimum passing grade
required to receive credit.
(B)For distance education delivery, the examination
will be given after completion of regular course work and must be:
(i)proctored by a member of the provider faculty or
staff, or third party proctor set out in §535.65(h)(5) of this
title, who is present at the test site and has positively identified
that the student taking the examination is the student who registered
for and [ who] took the course; or
(ii)administered using a computer under conditions
that satisfy the Commission that the student taking the examination
is the student who registered for and [ who]
took the course; and
(iii)graded with a pass rate of 70% in order for a
student to receive credit for the course; and
(2)A provider may not give credit to a student who
fails a final examination and subsequent final examination as provided
for in subsection (h) [ (j)] of this section.
(h)[ (i)] Subsequent final course
(1)If a student fails a final course examination,
a provider may permit the student to take one subsequent final examination.
(2)A student shall complete the subsequent final examination
no later than the 30th day after the date the original class concludes.
The subsequent final examination must be different from the first
(3)A student who fails the subsequent final course
examination is required to retake the course and the final course
(i)[ (j)] Approval of currently
approved courses by a secondary provider.
(1)If a CE provider wants to offer a course currently
approved for another provider, that secondary provider must:
(A)submit the CE course application supplement form(s);
(B)submit written authorization to the Commission
from the author or provider for whom the course was initially approved
granting permission for the subsequent provider to offer the course;
(C)pay the fee required by §535.101 (relating
to Fees) or §535.210 (relating to Fees) of this
(2)If approved to offer the currently approved course,
the secondary provider is required to:
(A)offer the course as originally approved, assume
the original expiration date, include any approved revisions, use
all materials required for the course; and
(B)meet the requirements of §535.75 of this subchapter.
(j)[ (k)] Approval notice. A
CE Provider shall not offer non-elective continuing education courses
until the provider has received written notice of the approval from
(k)[ (l)] Required revision of
a currently approved non-elective CE course. Providers are responsible
for keeping current on changes to the Act and Commission Rules and
must supplement materials for approved non-elective CE courses to
present the current version of all applicable statutes and rules on
or before the effective date of those statutes or rules.
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 August 16, 2019
Texas Real Estate Commission
Earliest possible date of adoption: September 29, 2019
For further information, please call: (512) 936-3177