(a)For the purposes of this section, an "accredited
college or university" is defined as 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 by a recognized
national or international accrediting body.
(b)Exemption. Pursuant to §1101.301 of Tex. Occ.
Code, the Commission does not approve qualifying educational programs
or courses of study in real estate and real estate inspection offered
by an accredited college or university; however, the Commission has
the authority to determine whether a real estate or real estate inspection
course satisfies the requirements of the Act and Chapter 1102.
(c)Credit for real estate courses offered by an accredited
college or university. To be eligible to receive credit by the Commission,
qualifying courses offered by an accredited college or university
must meet the following requirements:
(1)cover the subject and topics set out in §1101.003
of Tex. Occ. Code as clarified by the Commission in §535.64;
and
(2)comply with the curriculum accreditation standards
required of the college or university by the applicable accreditation
association.
(d)Credit for real estate inspector courses offered
by an accredited college or university. To be eligible to receive
credit by the Commission, qualifying courses offered by an accredited
college or university meet the following requirements:
(1)meet the subject and topic definitions set out
in §1102.001(5) of Tex. Occ. Code as clarified by the Commission
in §535.213; and
(2)comply with the curriculum accreditation standards
required of the college or university by the applicable accreditation
association.
(3)any courses offered to fulfill the substitute experience
requirements allowed under §1102.111 must meet the requirements
set out in §535.212 of this title, including instructor qualifications.
(e)Preapproval of a course offered under subsections
(c) or (d).
(1)An accredited college and university may submit
qualifying courses to the Commission for preapproval by filing a form
approved by the Commission.
(2)Any course offered by an accredited college and
university without preapproval by the Commission will be evaluated
by the Commission, using the standards set out in this section, to
determine whether it qualifies for credit at such time as a student
submits a transcript with the course to the Commission for credit.
(3)An accredited college or university may not represent
that a course qualifies for credit by the Commission unless the accredited
college or university receives written confirmation from the Commission
that the course has been preapproved for credit.
(f)Required approval of qualifying courses not offered
under subsections (c) or (d).
(1)To be eligible for credit from the Commission,
a qualifying course offered by an accredited college and university
on its own or in association with a third party provider approved
by the Commission that is not offered under subsections (c) or (d)
is required to be submitted for approval by the Commission in accordance
with §535.62 of this subchapter, including payment of any fee
required.
(2)An accredited college or university may not represent
that a course qualifies for credit by the Commission unless the accredited
college or university receives written confirmation from the Commission
that the course has been approved.
(g)Complaints and audits.
(1)If the Commission receives a complaint, or is presented
with other evidence acceptable to the Commission, alleging that an
accredited college or university is not in compliance with their accreditation
association's curriculum accreditation standards for a real estate
or real estate inspection course offered under subsections (c) or
(d), or is not complying with the requirements of this Subchapter
for a real estate or real estate inspection course not offered under
subsections (c) or (d), the Commission may investigate the allegation
and/or anonymously audit the course in question.
(2)If after an investigation and/or audit, the Commission
determines that an accredited college or university is not in compliance
with their accreditation association's curriculum accreditation standards
for a real estate or real estate inspection course offered under subsections
(c) or (d), or is not complying with the requirements of this Subchapter
for a real estate or real estate inspection course not offered under
subsections (c) or (d), the Commission will no longer issue credit
to applicants for that course.
(3)If after investigation and/or audit, the Commission
determines that multiple real estate or real estate inspection courses
of an accredited college or university do not comply with their accreditation
association's curriculum accreditation standards for a course offered
under subsections (c) or (d), or do not comply with the requirements
of this Subchapter for a course not offered under subsections (c)
or (d), the Commission will no longer issue credit to applicants for
any course from that college or university.
(h)Required approval of CE program and courses. An
accredited college or university is not exempt from approval for real
estate and real estate inspection CE programs and courses and must
comply with all requirements for approval for providers, courses and
instructors required by Subchapter G of this chapter.
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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