(a)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)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 courses, the applicant must satisfy the 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)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)Period of approval. The approval of an elective
CE instructor is valid for two years.
(h)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)Subsequent approval.
(1)Not earlier than 90 days before the expiration
of its current approval, a CE instructor may apply for approval for
another two year period.
(2)Approval or disapproval of a subsequent 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 adoption and found it to be a valid exercise of the agency's
legal authority.
Filed with the Office
of the Secretary of State on November 6, 2015
TRD-201504793 Kerri Lewis
General Counsel
Texas Real Estate Commission
Effective date: January 1, 2016
Proposal publication date: September 4, 2015
For further information, please call: (512) 936-3092
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