Texas Register

TITLE 22 EXAMINING BOARDS
PART 23TEXAS REAL ESTATE COMMISSION
CHAPTER 535GENERAL PROVISIONS
SUBCHAPTER GMANDATORY CONTINUING EDUCATION
RULE §535.71Mandatory Continuing Education: Approval of Providers, Courses and Instructors
ISSUE 03/21/2008
ACTION Proposed
Rule Withdrawn: 05/05/2008
Preamble Texas Admin Code Rule

(a) - (w)(No change.)

(x)Correspondence courses for elective credit. An MCE provider may register an MCE elective course by correspondence with the commission if the course is 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, which offers correspondence courses, whether credit or noncredit, in other disciplines;]

  (1)[(2)] the content of the course must satisfy the requirements of the Act, §1101.455, and these sections; and

  (2)[(3)] the course does not include a request for required legal course credit.

(y)(No change.)

(z)Correspondence courses for required legal credit. The commission may approve a provider to offer an MCE required legal ethics 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, which offers correspondence courses, whether credit or noncredit, in other disciplines;]

  (1)[(2)] the content of the course must satisfy the requirements of the Act, §1101.455 and these sections, and must be substantially similar to the legal courses disseminated and updated by the Commission;

  (2)[(3)] students receiving MCE credit for the course must pass either:

    (A)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; or

    (B)an examination by use of a computer under conditions that satisfy the commission that the examinee is the same person who seeks MCE credit; and

  (3)[(4)] 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.

(aa) - (hh)(No change.)

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 March 3, 2008

TRD-200801274

Loretta R. DeHay

Assistant Administrator and General Counsel

Texas Real Estate Commission

Earliest possible date of adoption: April 20, 2008

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



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