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(a)Complaints. The commission shall investigate complaints against MCE providers or instructors that allege acts constituting violations of these sections. Complaints must be in writing and the commission shall not initiate an investigation or take action against a provider or instructor based on an anonymous complaint. Commission employees may file written complaints against providers or instructors if documents filed with the commission provide reasonable cause to believe a violation of these sections has occurred. (b)Complaint investigation. Complaints received by the MCE section of the education division of the commission or by any other division of the commission shall be referred to the enforcement division for appropriate resolution. The provider or instructor named in the complaint shall be provided with a copy of the complaint. Proceedings involving MCE providers or instructors shall be conducted in accordance with the Administrative Procedure Act, Texas Government Code, Chapter 2001 and the commission's general rules of practice and procedure. Venue for any hearing conducted under this section shall be in Travis County. (c)Audits and evaluations. Commission employees may conduct on-site audits of any course offered by an approved MCE provider. Audits shall be conducted without prior notice to the MCE provider and commission employees may enroll and attend an MCE course without identifying themselves as employees of the commission. Commission employees also may evaluate the effectiveness of course materials or instructors through evaluations submitted by students to the commission. An audit report or evaluations indicating noncompliance with these sections will be treated as a written complaint against the provider or instructor concerned and will be referred to the enforcement division for appropriate resolution. (d)Cooperation with investigation. A provider or instructor shall fully assist any employee of the commission engaged in the performance of an audit or investigation of a complaint and shall provide records in his possession for examination by the commission or provide such information as is requested by the commission within 15 days of receiving a request for examination of records or information. (e)Disciplinary action. The commission may reprimand, suspend or revoke the authority of a provider to offer MCE courses or suspend or revoke the approval of an instructor to teach MCE courses when it has been determined that the provider or instructor has been guilty of: (1)procuring or attempting to procure approval for a provider, course or instructor by fraud, misrepresentation or deceit, or by making a material misrepresentation of fact in an application filed with the commission; (2)making a false representation to the commission, either intentionally or negligently, that a person had attended a course or portion of a course for which MCE credit was awarded, that a person had completed an examination, or that the person had completed any other requirement for an MCE course; (3)aiding or abetting a person to circumvent the requirements for attendance established by these sections, the completion of any examination or any other requirement for completion of an MCE course; (4)failing to provide within 15 days information requested by the commission as a result of a complaint which would indicate a violation of these sections; (5)disregarding or violating a provision of these sections or the Act; or (6)making a materially false statement to the commission in response to a request from the commission for information relating to a complaint against the provider or instructor. (f)Instructor teaching skills. Instructors must conduct themselves in a professional and courteous manner when performing their instructional duties. An instructor must have reasonable experience or education in the subject matter to be taught. An instructor must maintain an appropriate learning environment and effective control of the class. An instructor must present information in an accurate, logical, and orderly manner. Providers are responsible to utilize instructors who meet the requirements under this section. (g)Orders. An order of suspension or revocation issued under this section may be probated upon reasonable terms and conditions as determined by the commission.
This agency hereby certifies that
the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on August 12, 2004
TRD-200405139 Loretta DeHay
General Counsel
Texas Real Estate Commission
Effective date: September 1, 2004
Proposal publication date: June 25, 2004
For further information, please call: (512) 465-3900
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