(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 application
and course approval forms, [form(s)] including
all materials required; and
[(B)submit all materials listed on
the applicable course approval form(s); and]
(B)[(C)] pay the fee required
by §535.101 or §535.210 of this title.
(2)A provider may file a single application
for a qualifying course offered through multiple delivery methods.
A fee is required for content and examination review of each qualifying
course and for each distinct delivery method utilized by a provider
for that course.
(3)A provider who seeks approval
of a new delivery method for a currently approved qualifying course
must submit a new application and pay all required fees, including
a fee for content and examination review.
(4)[(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; and
(C)prior to approval of a proposed
qualifying real estate inspector course, submit the course to the
Texas Real Estate Inspector Committee for review and recommendation.
(b)Standards for course approval.
[(1)]To be approved as a qualifying course
by the Commission, a provider must satisfy the Commission that
the course [must]:
(1)[(A)] covers [cover
] all topic and unit areas for the specific course subject required
by the Act, Chapter 1102 and this chapter;
(2)[(B)] devotes [devote
] the time prescribed for each topic required by a course approval
form adopted by the Commission;
(3)[(C)] will be scheduled
for the full clock hours of time for which credit is awarded and presented
in full hourly units;
(4)[(D)] does not have
daily course segments that exceed 12 hours [meet the requirements
of §535.65 of this subchapter];
(5)[(E)] will be
delivered by one of the following delivery methods:
(A)[(i)] classroom delivery [
method];
(B)[(ii)] distance education [
alternative] delivery [method]; and
(C)[(iii)] a combination of
(i) and (ii), if[:]
[(I)]at least 50% of the combined course
is offered by classroom delivery [method]; and
(6)include at a minimum, the following
methods to assess a student's comprehension of the course material:
(A)topic quizzes, with at least three questions related
to the subject matter of each course topic;
(B)at least one scenario-based learning exercise per
every increment of 10 credit hours or less; and
(C)if the course is delivered by distance education
delivery:
(i)Prevent the student from moving to the next topic
until the student answers all topic quiz questions correctly and receives
a passing grade on the scenario based learning exercises; and
(ii)for quiz questions answered incorrectly, employ
a method to present the rationale behind the correct answer and ask
a subsequent related quiz question that will count toward passing
the topic if answered correctly; and
(7)will have multiple versions of
a final exam that:
(A)covers each topic required by the Act or Rules
for the specific course;
(B)does not contain any true/false questions;
(C)for all qualifying courses other than a real estate
math course:
(i)consists of at least two questions per credit course
hour; and
(ii)draws from a question bank consisting of at least
six questions per credit course hour; and
(D)for all qualifying real estate math courses, consists
of at least 20 questions that are drawn from a question bank consisting
of at least 60 questions.
[(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)If the course is currently certified
by a distance learning certification center acceptable to the Commission,
the provider will be deemed to have met requirements for verification
of clock/course hours and design for distance education delivery.
(d)[(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 application
and approval forms including all materials required; [
form(s);]
(B)submit written authorization to the Commission
from the author or 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, including
expiration date, with any approved revisions, using all materials
required for the course; and
(B)meet the requirements of §535.65 of this subchapter.
(e)[(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 distance education [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 application
and approval forms including all materials required; and [
form(s);]
[(B)submit all revised materials,
and if applicable, recertification; and]
(B)[(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.
(f)[(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.
(g)[(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 (d) [(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.
(h)[(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)(No change.)
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-201503260 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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