(a) - (b)(No change.)
(c)Use of certified instructors.
A CE provider offering a real estate non-elective CE course must use
a CE instructor who has received certification to teach the current
version of the real estate non-elective CE course approved by the
Commission.
(d)Application for approval to offer
non-elective inspector CE courses.
(1)A CE provider seeking to offer the non-elective
Texas Standards of Practice Review inspector CE course shall:
(A)submit an ICE Course Application form and the Texas
Standards of Practice Review course approval form to the Commission;
and
(B)pay the fee required by §535.210 of this title.
(2)A CE provider seeking to offer the non-elective
Legal/Ethics/Texas Standards of Practice Update inspector CE course
shall:
(A)submit a CE Course Application Supplement to the
Commission; and
(B)pay the fee required by §535.210 of this title.
(3)A CE provider may file a single application for
a CE course offered through multiple 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.
(4)A CE 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.
(5)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.
(e)[(c)]Commission approval
of non-elective course materials. [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 hour Legal Update I: Laws, Rules and Forms
course;
(2)a four hour Legal Update II: Agency, Ethics and
Hot Topics course; [and]
(3)a six hour broker responsibility course; and[
.]
(4)a four-hour Legal/Ethics/Texas
Standards of Practice Update course.
(f)[(d)] Course expiration.
(1)Each legal update 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)Each Legal/Ethics/Texas Standards of Practice
Update course expires on December 31 of each even-numbered year. [
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)Requirements for inspector non-elective
CE courses.]
[(1) A Texas Standards of Practice/Legal/Ethics Update
course shall contain the following topics, the units of which are
outlined the Texas Standards of Practice/Legal/Ethics Update Course
Approval form (PIEAC-SP_LEU-1), adopted herein by reference:]
[(A)4 hours of Standards of Practice;]
[(B)2 hours of Legal; and]
[(C)2 hours of Ethics.]
[(2)[A Texas Standards of Practice/Legal/Ethics
Update course expires two years from the date of approval and providers
must reapply and meet all current requirements of this section to
offer the course for another two years.]
(g) - (h)(No change.)
(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 time with each
student answering the examination questions independently followed
by a review of the correct answers [being reviewed]
by the instructor. There is no minimum passing grade required
to receive credit. [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(h)(5)[
§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; and
(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 subsequent final examination as provided
for in subsection (j) of this section.
(j) - (m)(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 18, 2016
TRD-201604242 Kerri Lewis
General Counsel
Texas Real Estate Commission
Earliest possible date of adoption: October 2, 2016
For further information, please call: (512) 936-3092
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