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(a)Administration of licensing examinations. (1)An examination required for any license issued by the Commission will be conducted by the testing service with which the Commission has contracted for the administration of examinations. (A)The testing service shall schedule and conduct the examinations in the manner required by the contract between the Commission and the testing service. (B)The examination fee must be paid each time the examination is taken. (2)The testing service administering the examinations is required to provide reasonable accommodations for any applicant with a verifiable disability. Applicants must contact the testing service to arrange an accommodation. The testing service shall determine the method of examination, whether oral or written, based on the particular circumstances of each case. (3)To be authorized for admittance to an examination, the applicant must present to the testing service administering the examinations appropriate documentation required by the testing service under contract with the Commission. The testing service shall require official photo-bearing personal identification of individuals appearing for an examination and shall deny entrance to anyone who cannot provide adequate identification. The testing service may refuse to admit an applicant who arrives after the time the examination is scheduled to begin or whose conduct or demeanor would be disruptive to other persons taking examinations at the site. The testing service may confiscate examination materials, dismiss the applicant, and fail the applicant for violating or attempting to violate the confidentiality of the contents of an examination. (4)An applicant are permitted to use hand-held calculators. If a calculator has printout capability, the testing service must approve use of such calculator before the examination. No other electronic devices are permitted. (b)Conduct during examination. (1)The following conduct with respect to licensing examinations is prohibited and is grounds to impose disciplinary action against any applicant, license holder, education provider accredited by the Commission, or instructor approved by the Commission, and shall further be grounds for disapproval of an application for any license, accreditation, or approval issued by the Commission: (A)obtaining or attempting to obtain specific questions or answers from an applicant, a Commission employee or any person hired by or associated with the testing service; (B)removing or attempting to remove questions or answers from an examination site; or (C)providing or attempting to provide examination questions or answers to another person. (2)The Commission, or the testing service under contract with the Commission, may file theft charges against any person who removes or attempts to remove an examination or any portion thereof or any written material furnished with the examination whether by actual physical removal or by transcription. (c)Passing Scores. (2) A broker applicant must attain a passing score of at least 75% in each portion of the broker licensing examination. A salesperson applicant must attain a passing score of at least 70% in each portion of the salesperson licensing examination. (d)Waiver of examination requirement for licensure. (1)The Commission shall waive the examination requirement for an applicant for a broker license who has been licensed as a broker in this state within two years before the filing of the application. The Commission shall waive the examination requirement for an applicant for a salesperson license who has been licensed in this state as a broker or salesperson within two years before the filing of the application. (2)The Commission may waive the national portion of the examination of an applicant for a broker or salesperson license if the applicant maintains an active license in another state equivalent to the license being applied for, and has passed a comparable national examination accredited or certified by a nationally recognized real estate regulator association.
The agency certifies that legal counsel has
reviewed the proposal and found it to be within the state agency's
legal authority to adopt.
Filed
with the Office of the Secretary of State on August 25, 2014
TRD-201404028 Kerri Lewis
General Counsel
Texas Real Estate Commission
Earliest possible date of adoption: October 5, 2014
For further information, please call: (512) 936-3092
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