[(a)General requirements.]
[(1)This subsection applies to a person seeking approval
from the Commission to be an elective CE course instructor.]
[(2)Non-elective CE course instructors are approved
and regulated under §535.63 of this title.]
(a)[(b)] Application for approval.
(1)A person desiring to be approved by the Commission
to be an instructor for elective real estate or real estate inspection
CE courses shall:
(A)file an application on the appropriate form approved
by the Commission; and
(B)pay the fee the required by §535.101 or §535.210
of this title.
(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.
(b)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 application has 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 CE course, the applicant must:
(A)be currently approved by the Commission as an instructor
for qualifying courses under §535.63 of this subchapter in the
subject areas of:
(i)Principles of Real Estate, Law of Agency and Law
of Contracts to teach Legal Update I and II; or
(ii)Principles of Real Estate, Law of Agency, Law
of Contracts and Real Estate Brokerage to teach Broker Responsibility;
(B)successfully complete an instructor training program
approved by the Commission for the non-elective CE course for which
certification is sought; and
(C)receive a passing grade of at least 80% on the
course final examination promulgated by the Commission.
(3)A previously certified instructor must be recertified
to teach a non-elective CE course whenever the previous course has
expired and a new course has been approved.
(4)An instructor's certification to teach a legal
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.
(c)To be approved as an instructor
of 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:
(1)performed a minimum of 200 real estate inspections
as a Texas professional inspector; or
(2)three years of experience in teaching and/or sponsoring
trainees or inspectors.
(d)Approval notice. An applicant
shall not act as or represent itself to be an approved real estate
inspection instructor until the applicant has received written notice
of the approval from the Commission.
(e)[(c)] Standards for instructor
approval for continuing elective education courses. To be approved
as an instructor by the Commission to teach real estate or real estate
inspection elective CE [continuing education]
courses, the applicant must satisfy the Commission [commission
] as to:
(1)the applicant's honesty, trustworthiness, and integrity;
and
(2)the person's competency in the subject matter to
be taught and ability to teach effectively.
(f)[(d)] Approval notice. An
applicant shall not act as or represent itself to be an approved elective
CE instructor until the applicant has received written notice of the
approval from the Commission.
(g)[(e)] Period of [initial]
approval. The [initial] approval of an elective CE instructor
is valid for two years.
(h)[(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.
(i)[(g)] Subsequent approval [
Renewal].
(1)Not earlier than 90 days before the expiration
of its current approval, a CE instructor may apply for approval [
renewal] for another two year period.
(2)Approval or disapproval of a subsequent [
renewal] application shall be subject to the standards for initial
applications for approval set out in 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-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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