(a)(No change.)
(b)Standards for instructor approval. To be approved
as an instructor by the Commission to teach real estate or real estate
inspection qualifying courses, the applicant must meet the following
standards:
(1)The applicant must satisfy the Commission as to:
(A)the applicant's honesty, trustworthiness, and integrity;
and
(B)the person's competency in the subject matter to
be taught and ability to teach effectively.
(2)Except as provided by paragraph (3) of this subsection,
the applicant must possess the following qualifications:
(A)a college degree in the subject area or five years
of active [professional] experience as
a license holder [in the subject area] and three
years of experience in teaching or training; or [and]
[(B)beginning January 1, 2016, a
completion certificate from an adult education instructor training
course of at least 8 hours that is acceptable to the Commission and
dated within 5 years of the date of the application; or]
(B)[(C)] the equivalent of paragraph
[paragraphs] (2)(A) [and (B)] of this
subsection as determined by the Commission after consideration of
the applicant's professional experience, research, authorship, or
other significant endeavors in real estate or real estate inspection;
and [the subject area.]
(C)beginning January 1, 2016, provide
a completion certificate from an adult education instructor training
course of at least 8 hours that is acceptable to the Commission and
dated within four years of the date of application.
(3)To be approved as an instructor of Texas Standards
of Practice, Texas Standards of Practice/Legal/Ethics Update,
or as an instructor of a ride along inspection course as defined in §535.218
of this title, an applicant must have five years of active licensure
as a Texas professional inspector, and have:
(A)performed a minimum of 200 real estate inspections
as a Texas professional inspector; or
(B)three years of experience in teaching and/or sponsoring
trainees or inspectors.
(c)Approval notice. An applicant shall not act as
or represent that the applicant is [itself to be]
an approved instructor until the applicant has received written notice
of the approval from the Commission to teach specified courses.
[(d)Certification required to teach
real estate non-elective CE courses.]
[(1)An applicant may not teach a real estate non-elective
CE course until the applicant has:]
[(A)been approved as an instructor of qualifying courses;
and]
[(B)received written certification from the Commission
to teach a specific non-elective continuing education course.]
[(2)To obtain certification to teach a real estate
non-elective continuing education course, the applicant must:]
[(A)be currently approved by the Commission as an
instructor for qualifying courses in the subject areas of Principles
of Real Estate, Law of Agency and Law of Contracts to teach Legal
or Ethics Update; or]
[(B)be currently approved by the Commission as an
instructor of qualifying courses in the subject areas of Principles
of Real Estate, Law of Agency, Law of Contracts and Real Estate Brokerage
to teach Broker Responsibility; and]
[(C)successfully complete an instructor training program
approved by the Commission for the non-elective continuing education
course for which certification is sought.]
[(3)A previously certified instructor must be recertified
to teach a non-elective course whenever the previous course has expired
and a new course has been approved.]
[(4)An instructor's certification to teach a legal
or ethics update course expires on December 31 of every odd-numbered
year.]
[(5)An instructor's certification to teach the broker
responsibility course expires on December 31 of every even-numbered
year.]
(d)[(e)] Period of [initial]
approval. The [initial] approval of an [a]
instructor is valid for two years.
(e)[(f)] Disapproval of an application.
(1)If the Commission determines that an applicant
does not meet the standards for approval, the Commission shall disapprove
the application and provide written notice of the disapproval to the
applicant.
(2)The disapproval notice, applicant's request for
a hearing on the disapproval, and any hearing are governed by the
Administrative Procedure Act, Texas Government Code, Chapter 2001,
and Chapter 533 of this title (relating to Practice and Procedure).
Venue for any hearing conducted under this section shall be in Travis
County.
(f)[(g)] Subsequent approval [
Renewal].
(1)Not earlier than 90 days before the expiration
of its current approval, an approved instructor may apply for subsequent
approval [renewal] for another two year period.
(2)Approval or disapproval of a subsequent approval [
renewal] shall be subject to the standards for initial applications
set out in this [the] section.
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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