(a)The following words and terms, when used in these sections, shall have the following meanings, unless the context clearly indicates otherwise. (1)-(2)(No change.) (3)Hour [Classroom hour] - Fifty minutes of actual [classroom] session time. (4)-(8)(No change.) (9) Proctor- A person who monitors a final examination for a course offered by a provider under the guidelines contained in this section. A proctor may be a course instructor, the provider, an employee of a college or university testing center, a librarian, or other person approved by the commission. (10) [(9)] Provider- A person approved by the Texas Real Estate Commission to offer courses for which mandatory continuing education credit is given. (11) [(10)] Student- An individual taking an MCE course for credit. (b)A person who wishes to offer courses accepted by the commission for MCE credit shall apply to the commission for approval to be an MCE provider and for approval of each MCE course [and instructor] using application forms prepared by the commission. The commission may refuse to accept any application which is not complete or which is not accompanied by the appropriate filing fee. Each prospective provider shall submit a provider application[ , at least one course and instructor application] and at least one principal information form. Only instructors approved by the commission for that subject area [a particular course] may teach that course [, and providers must apply for approval of additional instructors]. [ Approval must be sought for each course offered by each provider and for each instructor, unless the course or instructor has been previously approved by the commission for use by another provider.] (c)The commission adopts by reference the following forms published and available from the commission, P.O. Box 12188, Austin, Texas, 78711-2188: (1)-(6)(No change.) [(7)MCE Form 4A-2, MCE Instructor Application;] [(8)MCE Form 4B-2, MCE Instructor Application Supplement;] (7) [(9)] MCE Form 8-3, MCE Course Completion Roster; (8) [(10)] MCE Form 9-3, Alternative Instructional Methods Reporting Form; (9) [(11)]MCE Form 10-0, MCE Out of State Course Credit Request; (10) [(12)]MCE Form 11-3, MCE Instructor Credit Request; (11) [(13)]MCE Form 12-1, Individual MCE Credit Request for State Bar Course; [and] (12) [(14)]MCE Form 12A-0, Provider MCE Credit Request for State Bar Course; and (13) MCE Form 13-0 , Guidelines for Creating a Course Instructor's Manual for Mandatory Continuing Education Courses. (d)To be approved as an MCE provider, a person must satisfy the commission as to the person's ability to administer with honesty, trustworthiness and integrity a course of continuing education in MCE subjects approved by the commission. If the person proposes to employ independent contractors to conduct or to administer the courses, any independent contractor named in the application must meet this standard as if the independent contractor were the applicant; however, the applicant is responsible for responding to communications from the commission relating to the application. (e)To be approved to offer a [classroom] course for MCE credit, the provider must satisfy the commission that the course subject matter is appropriate for a continuing education course for real estate licensees and that the information provided in the course will be current and accurate. (1)A provider applicant must submit an MCE Form 3A-1, MCE Course Application, the first time approval is sought to offer an MCE course. [ Once a course has been approved, no further approval is required for another approved provider to offer the same course. ] Prior to advertising or offering a [the] course offered by another provider[ , however,] the subsequent provider shall complete MCE Form 3B-2, file the form with the commission and receive written [or oral] acknowledgment from the commission that all necessary documentation has been filed. Providers shall submit an instructor's manual for each proposed course. The commission may require a copy of the previously approved instructor's manual to be submitted for each previously approved course the provider intends to offer. Subsequent providers shall offer the course as originally approved or as revised with the approval of the commission and shall use all materials required in the original or revised course. [The commission will publish guidelines to aid providers in the development of instructor manuals.] Each course must comply with the applicable guidelines contained in MCE Form 13-0. [Each manual must contain the following:] [(A)course description;] [(B)learning objectives;] [(C)evaluation techniques;] [(D)outline of the subject matter;] [(E)instructional strategies in addition to lecture (at least one for a three hour course and at least three for 15 hours of instruction);] [(F)course participant handouts; and] [(G)bibliography or source of updated subject matter.] (2)The commission may approve a course for a single offering without regard to the requirements of paragraph (1) of this subsection. The provider must submit MCE Form, 3C-1, MCE Single Course Offering Application and receive written authorization from the commission to offer the course prior to offering the course. [The provider must be approved by the commission in accordance with the provisions of this section.] The course may not be offered again [during a providership] unless the course has been approved by the commission for subsequent offerings [ by the original provider] in accordance with the provisions of this section. [The provider must submit MCE Form, 3C-1, MCE Single Course Offering Application.] (f)To be approved as an instructor of any MCE course, a person must satisfy the commission as to the person's competency in the subject matter to be taught and ability to teach effectively. If the person is not currently approved by the commission to teach the subject areas of the course, the person [An instructor applicant] must submit Form ED 4-0, Instructor Application, and meet the requirements of §535.64(i) of this title (relating to Accreditation of Schools and Approval of Courses and Instructors) [through the proposed provider an MCE Form 4A-2, MCE Instructor Application, the first time approval is sought to teach an MCE course]. A person who has received a credential as a certified real estate instructor (CREI) or designated real estate instructor (DREI) will be deemed to have met the requirements of §535.64(i). [For subsequent approval to teach a different course, an MCE Form 4B-2, MCE Instructor Application Supplement, must be submitted. Once an instructor has been approved to teach a course, no further approval is required for the instructor to teach the same course for another provider, although the subsequent provider must complete MCE Form 4B-2 and file the form with the commission prior to using the instructor in the course.] [(1)Each person approved as an instructor must also meet the following requirements:] [(A)a college degree in the subject area or five years professional experience in the subject area; and ] [(B)three years experience in teaching or training; or ] [(C)the equivalent of subparagraphs (A) and (B) of this paragraph as determined by the commission after due consideration of the applicant's professional experience, research, authorship or other significant endeavors in the subject area; and ] [(D)attendance at any training program offered by the commission which the commission has determined significantly relates to the subject the person is applying to teach (in lieu of attendance, the person may certify in writing that the person has viewed a videotape of the program or received the training in a manner acceptable to the commission).] [(2)] The commission may also approve an instructor for a single offering of a course. The provider must submit an MCE Form 3C-1, MCE Single Course Offering Application, and provide a resume to show that the proposed instructor is qualified to teach the subject matter [and provide additional information about the instructor's qualifications at the commission's request]. (g)(No change.) (h)Fees shall be established by the commission in accordance with the provisions of the Act, §7A, at such times as the commission deems appropriate. Fees are not refundable and must be submitted in the form of a check or money order, or, in the case of state agencies, colleges or universities, in a form of payment acceptable to the commission.[ If a provider seeks approval to offer a course previously approved for another provider, and less than one year remains for the course to be offered, the filing fee shall be one-half the current fee for approval of a course. Provided, however, the full current fee is required for an application for approval of a single course offering.] (i)-(k) (No change.) (l)A course must be devoted to one or more of the subjects specified under the course titles in the Act, §7(a)(2)-(4) and §7(a)(7)-(10), to real estate professionalism and ethics or to other subjects approved by the commission for MCE credit. MCE courses must be presentations of relevant issues and changes within the subject areas as they apply to the practice of real estate in the current market or topics which increase or support the licensee's development of skill and competence. [The commission shall periodically publish lists of subjects other than legal topics which are approved for MCE credit.] Courses approved by the commission for core real estate course credit [prelicensing education or salesperson annual education requirements] provided in the Act, §7(d)-(e), may be accepted for satisfying MCE requirements provided the student files a course completion certificate with the commission [an MCE Form 13, MCE Credit Request for Core Courses, and course meets all of the requirements of the commission for core real estate course credit, and] MCE courses may be accepted by the commission as real estate related courses for satisfying the education requirements of §7(d)-(e) of the Act. [The commission may not approve a course which promotes the sale of goods or services by the provider or by a vendor affiliated or associated with the provider. Providers may sell educational materials, such as textbooks or recordings, related to the subjects of the course.] Courses related to technology, such as the use of personal computers, must be primarily devoted to the application of technology to the practice of the licensee. (m)Providers must furnish students with copies, for students' permanent use, of any printed material which is the basis for a significant portion of the course. Ample space must be provided on handouts for notetaking or completion of any written exercises. If a provider charges fees for supplies, materials, or books needed in course work, the fees must be itemized in a written statement provided to each student by the provider before the student registers for the course. (n)(No change.) (o)Unless withdrawn earlier for cause as provided by these sections, a provider's authority to offer courses for which MCE credit is given expires two years from the date the provider is approved by the commission. Authority to offer any MCE courses ends with the expiration of the provider's approval, and the provider must pay current fees and reapply for approval as a provider in order to offer MCE courses again. A course approved by the commission may be offered by the provider for a period of two years after the course is approved or until the provider's authority to act as a provider finally expires or is withdrawn for cause, whichever first occurs. If a course was originally approved for another provider, the two year period of approved use is measured from the date of approval for the original provider. A provider may apply for approval to be a provider for another two years no sooner than six months prior to the expiration of existing provider approval. [Instructors may be approved to teach a course at any time during the duration of the provider's approval for that course.] An instructor's approval expires every five years as provided by §535.64 of this title (relating to Accreditation of Schools and Approval of Courses and Instructors) [to teach a course expires with the expiration or withdrawal of approval of that course. ] (p)Correspondence courses. The commission may approve a provider to offer an MCE course by correspondence subject to the following conditions: (1)the course must be offered by a college or university accredited by a regional accrediting association, such as the Commission on Colleges of the Southern Association of Colleges and Schools, or its equivalent, [an accredited college or university as defined in §535.61 of this title (relating to Examinations and Acceptance of Courses)] which offers correspondence courses, whether credit or noncredit, in other disciplines; (2)(No change.) (3)students receiving MCE credit for the course must pass a proctored written examination administered [on the campus of a college or university] under controlled conditions to positively identified students,[ or] at a location and by an official approved by the commission; [(4)the course must be approved by the commission as providing 15 hours of MCE credit, at least six hours of which must be in legal topics; and] (4) [(5)] written course work required of students must be graded by an approved instructor or the provider's coordinator or director, who is available to answer students' questions or provide assistance as necessary, using answer keys approved by the instructor or provider; and [only approved instructors may grade the course. ] (5) final examinations must be graded by the instructor or, if the examination is being graded mechanically or by use of a computer, by the provider, using answer keys approved by the instructor or provider. (q)[To be approved to offer a correspondence course for MCE credit, the provider must satisfy the commission that the course subject matter is appropriate for a continuing education course for real estate licensees and that the information provided in the course will be current and accurate. ] An applicant must submit an MCE Form 3A-1, MCE Course Application, the first time approval is sought to offer a MCE correspondence course. Once a course has been approved, no further approval is required for another approved provider to offer the same course. Prior to advertising or offering the course, however, the subsequent provider must complete MCE Form 3B-2, file the form together with the appropriate fee with the commission and receive written [or oral] acknowledgment from the commission that all necessary documentation has been filed. [The commission will publish guidelines to aid providers in the development of correspondence courses.] Each correspondence course must contain the following: (1)-(8)(No change.) (r)The commission may accept courses offered by alternative delivery methods subject to the following conditions. (1)-(3)(No change.) (4)An approved instructor or [and/or ] the provider's coordinator/director shall grade the written course work required of students in independent study courses. (5)Every provider offering an approved course under this subsection shall offer those courses under an approved instructor [or provider] who shall: (A)-(B)(No change.) (C)certify students as successfully completing an independent study only if the student; (i)has completed all instructional modules required to demonstrate mastery of the material; (ii)has attended any hours of live instruction and/or testing required for a given course; and (iii)has passed a proctored final examination administered under controlled conditions to positively identified students, at a location and by an official approved by the commission and graded by the instructor or, if the examination is being graded mechanically or by use of a computer, by the provider, using answer keys approved by the instructor or provider [in a secure setting].
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the
Secretary of State on February 16, 2000
TRD-200001209 Mark A. Moseley
General Counsel
Texas Real Estate Commission
Earliest possible date of adoption: March 26, 2000
For further information, please call: (512) 465-3900
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