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(a)Standards for instructor approval. The application for commission approval of an instructor must be filed on a form approved by the commission. To be approved as an instructor, a person must satisfy the commission as to the person's competency in the subject matter to be taught and ability to teach effectively. Each instructor must also possess one of the following qualifications: (1)a college degree in the subject area or five years of professional experience in the subject area and three years experience in teaching or training; or (2)the equivalent of paragraph (1) of this subsection as determined by the commission after due consideration of the applicant's professional experience, research, authorship or other significant endeavors in the subject area. (b)Approval of application. If the commission determines that the applicant meets the standards for instructor approval, the commission shall approve the application and provide a written notice of the approval to the applicant. Unless surrendered or revoked for cause, the approval will be valid for a period of two years. (c)Disapproval of application. The commission may disapprove an application for approval of an instructor for failure to meet the standard imposed by subsection (a) of this section, failure to satisfy the commission as to the applicant's honesty, trustworthiness or integrity, or for any reason which would be a ground to suspend or revoke a real estate license. If an application is disapproved, the commission shall provide written notice to the applicant detailing the basis of the decision. An applicant may request a hearing before the commission by filing a written request for hearing within 10 days following the applicant's receipt of the notice of disapproval. Venue for any hearing conducted under this section is in Travis County. Appeals from application disapprovals will be conducted in the manner required by §1101.364 of the Act. Hearings are subject to the Administrative Procedure Act, Texas Government Code, Chapter 2001, and to Chapter 533 of this title (relating to Practice and Procedures). (d)Subsequent application for instructor approval. No more than six months prior to the expiration of the current approval, an instructor may apply for approval for another two-year period.
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 December 6, 2010
TRD-201006912 Loretta R. DeHay
General Counsel
Texas Real Estate Commission
Effective date: January 1, 2011
Proposal publication date: September 24, 2010
For further information, please call: (512) 465-3926
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