Texas Register

TITLE 22 EXAMINING BOARDS
PART 23TEXAS REAL ESTATE COMMISSION
CHAPTER 535GENERAL PROVISIONS
SUBCHAPTER GMANDATORY CONTINUING EDUCATION
RULE §535.72Presentation of Courses, Advertising and Records
ISSUE 08/19/2011
ACTION Proposed
Rule Withdrawn: 10/12/2011
Preamble Texas Admin Code Rule

(a)(No change.)

(b)Partial credit.

  (1)(No change.)

  (2)Partial credit may not be granted for any course that contains as part of its curriculum all or part of the non-elective [six legal] hours of mandatory continuing education required by §1101.455 and §1101.458 of the Act.

(c) - (f)(No change.)

(g)Course materials. Providers must furnish students with copies, for students' permanent use, of any material which is the basis for a significant portion of the course. Providers offering any of the non-elective [required legal] courses must provide the students with the materials identified as student course materials for the non-elective [required legal] courses. The course materials provided to the students may be in printed form or electronic media such as a CD-ROM or diskette that the student may access through commonly available software such as common word-processing programs and slide presentation programs. Ample space must be provided on handouts for note taking 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.

(h) - (k) (No change.)

(l)Course administration. 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 non-elective [required legal] courses are administered by instructors in substantially the same manner as disseminated and updated by the commission. During the presentation of a course, providers may not promote the sale of goods or services.

(m)Updates. If the commission determines that it is in the public interest to update the non-elective [required legal] courses about changes in the law, 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 that the commission requires compliance with this subsection in a non-elective [required legal] course or any elective course combined with a non-elective [ legal] course offered after the provider's receipt of the notice.

(n) - (p)(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 August 4, 2011

TRD-201102969

Loretta R. DeHay

General Counsel

Texas Real Estate Commission

Earliest possible date of adoption: September 18, 2011

For further information, please call: (512) 936-3092



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