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(a)Application for approval of a qualifying course.
(1)For each qualifying course a provider intends to
offer, the provider must:
(A)submit the applicable course approval form(s);
(B)submit all materials listed on the applicable course
approval form(s); and
(C)pay the fee required by §535.101 or §535.210
of this title.
(2)The Commission may:
(A)request additional information be provided to the
Commission relating to an application; and
(B)terminate an application without further notice
if the applicant fails to provide the additional information not later
than the 60th day after the Commission mails the request.
(b)Standards for course approval.
(1)To be approved as a qualifying course by the Commission,
a course must:
(A)cover all topic and unit areas for the specific
course subject required by the Act, Chapter 1102 and this chapter;
(B)devote the time prescribed for each topic required
by a course approval form adopted by the Commission;
(C)be presented in full hourly units;
(D)meet the requirements of §535.65 of this subchapter;
(E)be delivered by one of the following:
(i)classroom method;
(ii)alternative delivery method;
(iii)a combination of (i) and (ii), if:
(I)at least 50% of the combined course is offered
by classroom method; and
(II)the portion of the combined course offered through
alternative delivery is taken from a full course that has already
been certified for alternative delivery by a distance learning certification
center acceptable to the Commission;
(iv)a correspondence course that is offered by a provider
in association with an accredited college or university if the course
is offered in accordance with the college or university's accreditation
association's curriculum accreditation standards; or
(v)a combination of (i) and (iv), if:
(I)at least 50% of the combined course is offered
by classroom method; and
(II)the combined course is offered by a provider in
association with an accredited college or university in accordance
with the college or university's accreditation association's curriculum
accreditation standards;
(2)Using the name of the provider "in association
with" the name of the college or university on the course completion
certificate constitutes certification to the Commission that the course
was offered in compliance with the college or university's accreditation
association's curriculum accreditation standards.
(3)The Commission may submit a proposed qualifying
real estate inspector course to the Texas Real Estate Inspector Committee
for review and recommendation prior to approval of the course.
(c)Approval of currently approved courses by a subsequent
provider.
(1)If a subsequent provider wants to offer a course
currently approved for another provider, the subsequent provider must:
(A)submit the applicable course approval form(s);
(B)submit written authorization to the Commission
from the provider for whom the course was initially approved granting
permission for the subsequent provider to offer the course; and
(C)pay the fee required by §535.101 or §535.210
of this title.
(2)If approved to offer the previously approved course,
the subsequent provider is required to:
(A)offer the course as originally approved, with any
approved revisions, using all materials required for the course; and
(B)meet the requirements of §535.65 of this subchapter.
(d)Required revision of a currently approved qualifying
course.
(1)Providers are responsible for keeping current on
changes to the Act and Commission Rules and must supplement materials
for approved courses to present the current version of all applicable
statutes and rules on or before the effective date of those statutes
or rules.
(2)If the Commission adopts new requirements for a
course, including but not limited to a course approval form that divides
selected qualifying course subjects into topics and units, any provider
currently offering a course on that subject must:
(A)revise and supplement any currently approved classroom
qualifying course covering that subject no later than 12 months after
the effective date of the new requirements;
(B)revise and supplement any currently approved qualifying
course offered by alternative delivery covering that subject and obtain
recertification of the course by a distance learning certification
center acceptable to the Commission no later than 15 months after
the effective date of the new requirements;
(3)For each revised qualifying course, a provider
must:
(A)submit the applicable course approval form(s);
(B)submit all revised materials, and if applicable,
recertification; and
(C)pay the fee required by §535.101 or §535.210
of this title.
(4)A provider may not offer a currently approved course
for qualifying credit after the deadlines established by this subsection
following a required revision of a qualifying course.
(5)If a provider paid a fee for the initial course
approval, the provider will receive a prorated credit on the fee paid
under this subsection for the unexpired time remaining on that initial
approval. The Commission will calculate the prorated credit by dividing
the fee paid for the initial approval by 48 months and multiplying
that amount by the number of full months remaining between the approval
date of the revised course and the expiration date of the currently
approved version of the course.
(6)A revised course approved under this subsection
expires four years from the date of approval of the revision.
(7)No later than 90 days before the effective date
of a revised course, a provider shall send written notice to all students
who have purchased the currently approved course and not completed
it, that credit will no longer be given for the current course as
of the effective date of the revised course.
(8)If an approved provider fails to give the notice
set out in paragraph (6) of this subsection, the provider shall allow
the student to take the revised course at no additional charge.
(e)Voluntary revision of a currently approved qualifying
course.
(1)A provider who voluntarily revises a currently
approved course, shall, prior to implementation of any course materials:
(A)file any updated course materials and revisions
of the course outline with the Commission; and
(B)pay the fee required by §535.101 and §535.210
of this title.
(2)If after review the Commission is not satisfied
with the updated course materials and revised course outline, the
Commission may direct a provider to:
(A)further revise the materials;
(B)cease use of materials; or
(C)withdraw a course text.
(3)If a provider paid a fee for the initial course
approval, the provider will receive a prorated credit on the fee paid
under this subsection for the unexpired time remaining on that initial
approval. The Commission will calculate the prorated credit by dividing
the fee paid for the initial approval by 48 months and multiplying
that amount by the number of full months remaining between the approval
date of the revised course and the expiration date of the currently
approved version of the course.
(4)A revised course approved under this subsection
expires four years from the date of approval of the revision.
(5)No later than 90 days before the effective date
of a revised course, a provider shall send written notice to all students
who have purchased the currently approved course and not completed
it, that credit will no longer be given for the current course as
of the effective date of the revised course.
(6)If an approved provider fails to give the notice
set out in paragraph (5) of this subsection, the provider shall allow
the student to take the revised course at no additional charge.
(f)Expiration of approval.
(1)Courses approved after January 1, 2011 are valid
for four years from the date of approval.
(2)Courses approved before January 1, 2011 expire
on December 31, 2015.
(3)Courses approved for use by a subsequent provider
under subsection (c) expire on the same date that the originally approved
course expires.
(4)Currently approved versions of a course expire
90 days after approval of a revised version of that course.
(g)Renewal of course approval. Not earlier than 90
days before the expiration of a course approval, a provider may obtain
a renewal of course approval for another four year period by following
the process and meeting the current standards for an initial course
approval.
(h)Timeframe for course approval. The Commission will
approve a course as soon as reasonably practicable after a provider
meets all the requirements set out in this section. For the purposes
of this section, "reasonably practicable" means no sooner than the
30th day after the Commission receives all required documentation
for approval as set out in this section.
(i)Course preapproval for exempt providers.
(1)Providers exempt from approval by the Commission
may submit courses to the Commission for preapproval by meeting the
standards for course approval under this section, including submitting
all applicable forms and fees.
(2)Any course offered by an exempt provider without
preapproval by the Commission will be evaluated by the Commission
to determine whether it qualifies for credit at such time as a student
submits a course completion certificate to the Commission for credit.
(3)The Commission will determine whether or not a
course offered by an exempt provider without preapproval by the Commission
qualifies for credit using the standards set out under this section.
(4)An exempt provider may not represent that a course
qualifies for credit by the Commission unless the exempt provider
receives written confirmation from the Commission that the course
has been preapproved for credit.
The agency certifies that legal counsel has
reviewed
the adoption and found it to be a valid exercise of the agency's legal
authority.
Filed
with the Office of the Secretary of State on November 24, 2014
TRD-201405641 Kerri Lewis
General Counsel
Texas Real Estate Commission
Effective date: January 1, 2015
Proposal publication date: September 5, 2014
For further information, please call: (512) 936-3092
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