Texas Register

TITLE 22 EXAMINING BOARDS
PART 23TEXAS REAL ESTATE COMMISSION
CHAPTER 535GENERAL PROVISIONS
SUBCHAPTER GMANDATORY CONTINUING EDUCATION
RULE §535.72Mandatory Continuing Education: Presentation of Courses, Advertising and Records
ISSUE 08/24/2007
ACTION Emergency
Preamble Texas Admin Code Rule

(a)(No change.)

(b)Partial credit.

  (1)A [Effective January 1, 2005, a] provider may, but is not required, to permit a student to claim partial credit for a course if:

    (A)the course is approved for elective credit only;

    (B)the course is not a distance learning course;

    (C)the student attends less than the complete number of hours in the course;

    (D)the student, by completing MCE Form 14-0, Individual MCE Partial Credit Request Form, requests credit only for the hours the student completed and the student does not claim credit for an hour that the student did not attend in its entirety except as provided by subsection (c) of this section.

    (E)the provider signs the MCE Partial Credit Request Form as evidence that the provider has no reason to believe the amount of credit claimed is inaccurate;

    (F)the provider submits the MCE Partial Credit Request Form to the commission within the time required to submit the course completion roster under subsection (a) of this section.

  (2)(No change.)

(c)(No change.)

(d)Proof of distance learning course completion. In a distance learning course, the provider shall award the student credit for the course no earlier than 24 hours after the student starts the course and after the student completes [upon completion of the] course requirements for credit. The provider [ and] shall report the awarding of credit to the commission. Course credit must be reported either by the provider filing a completed MCE Form 9-8 [7], signed by the student, or submitting the information contained in MCE Form 9-8 [7] by electronic means acceptable to the commission. If the provider chooses to use an electronic reporting process, the process must ensure that only students who complete the course are reported to the commission as receiving course credit and that the process does not compromise the security of commission records.

(e) - (o)(No change.)

This agency hereby certifies that the emergency adoption 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 August 13, 2007

TRD-200703573

Loretta DeHay

Interim Administrator and General Counsel

Texas Real Estate Commission

Effective Date: September 1, 2007

Expiration Date: December 29, 2007

For further information, please call: (512) 465-3900



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