(a)(No change.)
(b)Application for approval to offer non-elective
real estate CE courses.
(1)A CE provider seeking to offer a specific non-elective
real estate CE course as outlined in this section shall:
(A)submit a [Non-Elective] CE Course Application
Supplement to the Commission; and
(B)pay the fee required by §535.101 of this title.
(2)A provider may file a single [separate
] application for a CE course offered through multiple [is
required for each course] delivery methods. A fee is required
for content review of each CE course and for each distinct delivery
method utilized by a provider for that course. [method.]
(3)A provider who seeks approval
of a new delivery method for a currently approved CE course must submit
a new application, and pay all required fees, including a fee for
content review.
(4)[(3)] 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.
(c)Real estate non-elective CE courses. Every two
years, the Commission shall approve subject matter and course materials
to be used for the following non-elective real estate continuing education
courses as required by the Act:
(1)a four [three] hour Legal
Update I: Laws, Rules and Forms [legal update] course;
(2)a four [three] hour Legal
Update II: Agency, Ethics and Hot Topics [ethics]
course; and
(3)a six hour broker responsibility course.
(d)Course expiration.
(1)Each legal update [and ethics] course
expires on December 31 of each odd-numbered year.
(2)Each broker responsibility course expires on December
31 of each even-numbered year.
(3)A CE provider must use a CE instructor who has
received certification to teach the version of the real estate non-elective
CE course being offered.
(e)Application for approval to offer non-elective
inspector CE courses.
(1)A CE provider seeking to offer a specific non-elective
inspector CE course as outlined in this section shall:
(A)submit:
(i)ICE Course Application form and the Texas Standards
of Practice/Legal/Ethics Update Course approval form (PIEAC-SP_LEU-1);
or
(ii)Qualifying Real Estate (or Inspector) Qualifying
Course Application form and the Texas Standards of Practice/Legal/Ethics
Update course approval form (PIEAC-SP_LEU-1); and
(B)pay the fee required by §535.210 of this title.
(2)A separate application is required for each course
delivery method.
(f)(No change.)
(g)Delivery method.
[(1)]Non-elective CE courses must [meet
the requirements of §535.75 of this subchapter and] be
delivered by one of the following delivery methods:
(1)[(A)] classroom delivery [
method];
(2)[(B)] distance education [
alternative] delivery [method]; or
(3)[(C)] a combination of (A)
and (B), if[:]
[(i)]at least 50% of the combined course
is offered by classroom delivery. [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;]
[(D)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]
[(E)a combination of (A) and (D),
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.]
(h)[(3)] Except as provided
in this section, non-elective [Non-elective] CE courses
must meet the presentation requirements of §535.65(g) [
§535.65] of this title.[; and]
(1)Classroom Delivery. The provider
must submit a course completion roster in accordance with §535.75(d)
of this subchapter.
(2)Distance Education Delivery:
(A)Non-elective real estate courses are designed by
the Commission for interactive classroom delivery. Acceptable demonstration
of a method to engage distance education delivery students in interactive
discussions and group activities, as well as additional material to
meet the course objectives and time requirements are required for
approval.
(B)The provider must submit a course completion roster
in accordance with §535.75(d) of this subchapter.
[(4)Non-elective CE courses meet
the examination requirements of §535.75 of this subchapter.]
(i)Course examinations.
(1)A provider must administer a final examination
promulgated by the Commission for non-elective CE courses beginning
January 1, 2017 as follows:
(A)For classroom delivery, the examination will be
given as a part of class instruction with the correct answers being
reviewed by the instructor and students will not be graded;
(B)For distance education delivery, the examination
will be given after completion of regular course work and must be:
(i)proctored by a member of the provider faculty or
staff, or third party proctor set out in §535.65(i)(5) of this
title, who is present at the test site and has positively identified
that the student taking the examination is the student registered
for and who took the course; or
(ii)administered using a computer under conditions
that satisfy the Commission that the student taking the examination
is the student registered for and who took the course;
(iii)graded with a pass rate of 70% in order for a
student to receive credit for the course; and
(iv)kept confidential.
(2)A provider may not give credit to a student who
fails a final examination and makeup final examination.
(j)Makeup final course examination.
(1)If a student fails a final course examination,
a provider may permit the student to retake the final examination
only once.
(2)A student shall complete a makeup final examination
no later than the 30th day after the date the original class concludes,
and the second examination must be different from the first examination.
(3)A student who fails the final course examination
a second time is required to retake the course prior to retaking the
final course examination.
(k)[(h)] Approval of currently
approved courses by a subsequent provider.
(1)If a CE provider wants to offer a course currently
approved for another provider, that subsequent provider must:
(A)submit the CE [applicable]
course application supplement [approval] 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 currently 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 §535.75 of this subchapter.
(l)[(i)] Approval notice. A
CE Provider shall not offer non-elective continuing education courses
until the provider has received written notice of the approval from
the Commission.
(m)[(j)] Required revision of
a currently approved non-elective CE course. Providers are responsible
for keeping current on changes to the Act and Commission Rules and
must supplement materials for approved non-elective CE courses to
present the current version of all applicable statutes and rules on
or before the effective date of those statutes or rules.
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-201503261 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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