(a)Providers shall [are not required to] file course schedules with the commission. (b)Providers shall [are not required to] notify the commission of changes to their course schedules. (c)The provider offering each MCE course shall file an MCE Course Completion Roster, MCE Form 8-3 with the commission within 10 days following completion of the course. Course completion rosters may be transmitted for filing by facsimile machine. An authorized representative of the provider who was in attendance and for whom an authorized signature exemplar is on file with the commission shall sign MCE Form 8-3. Providers are responsible for the security of the course completion rosters.The commission shall [may] not accept signature stamps, unsigned forms or forms signed by persons for whom an authorized signature exemplar has not been previously filed with the commission. Providers must make every reasonable effort to ensure that no student is certified for MCE credit who has not attended all class sessions. While a provider is expected to ensure that each student is present in the classroom for the hours of time for which credit is awarded, this section is not intended to penalize students who must leave the classroom for brief periods of time for personal reasons such as taking medication or responding to the call of nature. Providers shall make every reasonable effort to ensure that no student is given course credit if the student persists in disrupting the orderly conduct of a class after being cautioned by the provider or the instructor to cease disruptive behavior. Providers may not use students for administration or monitoring duties during the course if the use prevents the student's participation in a significant portion of the course. [(d)Providers are responsible for the security of the course completion rosters.] (d) [(e)]Providers of MCE correspondence or alternative delivery method courses shall furnish each student with an Alternative Instructional Methods Reporting Form, MCE Form 9-3, at the time of the final examination. Upon successful completion of the examination the student shall sign MCE Form 9-3. To report successful course completion the provider shall file the completed MCE Form 9-3 with the commission. (e) [(f)]A provider shall, prior to commencement of a course, announce that the provider will not certify a student for MCE credit unless the student attends all sessions of the course, that partial credit will not be given for partial attendance, that no makeups or written work will be allowed for MCE credit, and that the student must determine if the course is timely and appropriate for the student's MCE requirement. [In addition to the pre-course announcements, the provider is encouraged to require each student to sign an enrollment agreement containing the foregoing information prior to the start of the course.] If the provider has not advertised or otherwise made students aware of the provider's refund policy, the pre-course announcement [enrollment agreement] must also contain the refund policy. [One hour of credit may be given for 50 clock minutes of actual classroom session time.] The provider may allow a ten-minute break for every 50 minutes of [classroom] session time, but a break must be given at least every two hours, using all accumulated break time.[A provider shall retain attendance records for the period of time required by these sections for the retention of provider records. ] (f) [(g)] Facilities used by providers for classroom presentations must be adequate to accommodate students. Providers shall ensure each student has seating, a writing surface and writing materials. Rigid tablets or clipboards may be provided as a writing surface. (g) [(h)] [ Providers may not present MCE courses in the offices of a real estate brokerage firm or real estate franchise organization.] All MCE courses must be open to enrollment by the general public. Providers may give preference in enrollment to persons who need MCE credit to obtain, renew or activate a license and may enroll all others on a space available basis. For a classroom course, the provider must offer the course in a location conducive to instruction that is separate and apart from the work area, such as a classroom, training room, conference room, or assembly hall. (h) [(i)] Advertising of MCE shall be subject to the following conditions. (1)A provider applicant may not advertise a specific MCE course or represent in advertising that the applicant is a provider until the applicant has received written approval from the commission for the providership and at least one course. A provider applicant may advertise an intention to offer MCE courses if no specific course is described and the advertisement clearly indicates the applicant has not been approved as a provider. (2)A provider may not advertise that a course has been approved or offer a course until the provider has received written approval of the course.[ If, however, the course has been previously approved for another provider, the course may be advertised once the commission has been notified of the provider's intention to offer the same course and the provider has received written or oral acknowledgment from the commission that all necessary documentation has been filed.] (3)Any advertisement or promotional material used by a provider must indicate the MCE provider's name or assumed business name as reflected in the commission's records and the MCE provider number assigned by the commission. The advertisement or promotional material also must include either the specific MCE course numbers and course titles or a statement that MCE course numbers and titles are available from the provider. When a provider offers a course that is hosted by another person or organization, the advertisement or promotional material must show clearly that the approved MCE provider is offering the course. (4)A provider may not publish advertisements which are misleading or which are likely to deceive the public. (5)Any name a provider uses in advertising must not be deceptively similar to the name of any other approved MCE provider or school accredited by the commission or falsely imply a governmental relationship. (6)Any written advertisement which contains a fee charged by the provider shall display all fees for the course in the same place in the advertisement and with the same degree of prominence. If a provider requires students to purchase course materials which are not included in the tuition, any such fees must appear in the advertisement of the course. (i) [(j)] Providers shall retain student attendance records for a period of three years following the completion of a course and shall make copies of the records available to former students. A provider may charge a reasonable fee to defray the cost of copying student records. A provider's records must be kept at the location designated in the MCE Provider Application. Providers must obtain prior approval from the commission to change the location at which the provider's records are kept. (j) [(k)] Providers of MCE courses are responsible to the commission for the conduct and administration of each course presentation, the punctuality of classroom sessions, verification of student attendance, and instructor performance. Providers shall ensure that the courses are administered in substantially the same manner as represented in the application for approval of the course. Instructors must teach a course in substantially the same manner represented to the commission in the instructor's manual filed with the application for course approval. During the presentation of a course, providers may not promote the sale of goods or services by the provider or by a vendor affiliated or associated with the provider. (k) [(l)] A provider shall update course materials during the period of time an MCE course may be given to ensure that current and accurate information is provided to students. Updates shall be considered changes to course content which do not alter the accuracy of the course outline. Revisions of the course outline must be filed with the commission prior to implementation, and the commission may direct a provider to revise the materials further or cease use of materials. (l) [(m)] In the event of a change of ownership, the provider must obtain approval from the commission prior to the change, and proposed new owners shall submit an MCE Form 2-2, Principal Information Form. Providers shall report a change in [ request permission to change] business name, street or mailing address, [ownership,] person responsible for records or day-to-day operations, or persons authorized to sign MCE forms at least 15 days prior to the desired date of change. Providers shall report any change in refund policy, attorney-in-fact, address of attorney-in-fact or business telephone number as the change occurs. [All changes must be submitted on MCE Form 1B-1, MCE Provider Application Supplement.] [(n)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.] (m) [(o)] Providers may request MCE credit be given to instructors of MCE courses subject to the following guidelines. (1)The instructors may receive credit for only those portions of the course which they teach by filing a completed MCE Form 11-3, Instructor Credit Request. (2)The instructors may receive full course credit by attending all of the remainder of the course and signing the course completion roster. [(3)MCE credit may be granted only once for teaching or attending the same course during the term of the current license or during the term of the current license or during the two year period preceding the filing of an application for late renewal or return to active status.] [(4)The provider must report the instructor on MCE Form 11-3, and file that form with the commission along with other required forms for the course.] (n) [(p)] Each provider shall establish written policies governing refunds and contingency plans in the event of course cancellation [due to inclement weather, insufficient enrollment, instructor unavailability or other reasons]. If the provider cancels a course, the provider shall fully refund all fees collected from students, or at the student's option, the provider may credit the student for another course of equal or greater credit hours. [(q)The commission adopts by reference "Guidelines for Creating a Course Instructor's Manual for Mandatory Continuing Education Courses" approved by the commission in 1991. This document is published by and available from the commission, P.O. Box 12188, Austin, Texas 78711-2188.] (o) [(r)] If the commission determines that it is in the public interest to cause significant information about changes in the law of agency or other topics to be included in an MCE course previously approved by the commission, the commission may require the provider to furnish each student with a copy of the information. The commission also may require the provider to ensure that the provider's instructors include the material in the presentation of the course. The commission shall furnish the provider with a copy of the information and notify the provider in writing that the commission requires compliance with this subsection in any course offered after the provider's receipt of the notice. Failure to comply with this subsection constitutes grounds for disciplinary action against the provider under Section 535.73 of this title (relating to Compliance and Enforcement) or for disapproval of an application for approval as a provider under §535.71 of this title (relating to Mandatory Continuing Education: Approval of Providers, Courses and Instructors).
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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