(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 is [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) - (d)(No change.)
(e)An applicant who fails the examination
three consecutive times may not apply for reexamination or submit
a new license application unless the applicant submits evidence satisfactory
to the Commission that the applicant has completed additional qualifying
education as follows, after the date the applicant failed the examination
for the third time:
(1)for an applicant who failed the national part of
the examination, 30 hours;
(2)for an applicant who failed the state part of the
examination, 30 hours; and
(3)for an applicant who failed both parts of the examination,
60 hours.
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 20, 2015
TRD-201503259 Kerri Lewis
General Counsel
Texas Real Estate Commission
Earliest possible date of adoption: October 4, 2015
For further information, please call: (512) 936-3092
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