(a)Responsibility of Providers.
(1)A provider is responsible for:
(A)the administration of each course, including, but
not limited to, compliance with any prescribed period of time for
any required course topics required by the Act, Chapter 1102, and
Commission rules;
(B)maintaining student attendance records and
pre-enrollment agreements;
(C)verifying instructor qualification, performance
and attendance;
(D)proper examination administration;
(E)validation of student identity acceptable to the
Commission;
(F)maintaining student course completion records;
(G)ensuring all advertising complies with subsection
(c);
(H)ensuring that instructors or other persons do not
recruit or solicit prospective sales agents, brokers or inspectors
during course presentation; and
(I)ensuring staff is reasonably available for public
inquiry and assistance.
(2)A provider may not promote the sale of goods or
services during the presentation of a course.
(3)A provider may remove a student and not award credit
if a student does not participate in class, or disrupts the orderly
conduct of a class, after being warned by the provider or the instructor.
(4)If a provider approved by the Commission does not
maintain a fixed office in Texas for the duration of the provider's
approval to offer courses, the provider shall designate a resident
of this state as attorney-in-fact to accept service of process and
act as custodian of any records in Texas that the provider is required
to maintain by this section. A power-of-attorney designating the resident
must be filed with the Commission in a form acceptable to the Commission.
(b) - (c)(No change.)
(d)Pre-enrollment agreements for approved providers.
(1)Prior to a student enrolling in a course, a provider
approved by the Commission shall provide the student with a pre-enrollment
agreement that includes all of the following information:
(A)the tuition for the course;
(B)an itemized list of any fees charged by the provider
for supplies, materials, or books needed in course work;
(C)the provider's policy regarding the refund of tuition
and other fees, including a statement addressing refund policy when
a student is dismissed or withdraws voluntarily;
(D)the attendance requirements;
(E)the acceptable makeup procedures, including any
applicable time limits and any fees that may be charged for makeup
sessions; [and]
(F)the procedure and fees for taking any permitted
makeup final examination or any permitted re-examination, including
any applicable time limits; and[.]
(G)the notices regarding potential
ineligibility for a license based on criminal history required by
Section 53.152, Texas Occupations Code.
(2)A pre-enrollment agreement must be signed by a
representative of the provider and the student.
(e)Refund of fees by approved provider.
(1)A provider shall establish written policies governing
refunds and contingency plans in the event of course cancellation.
(2)If a provider approved by the Commission cancels
a course, the provider shall:
(A)fully refund all fees collected from students within
a reasonable time; or
(B)at the student's option, credit the student for
another course.
(3)The provider shall inform the Commission when a
student requests a refund because of a withdrawal due to the student's
dissatisfaction with the quality of the course.
(4)If a provider fails to give the
notice required by subsection (d)(1)(G), and an individual's application
for a license is denied by the Commission because the individual has
been convicted of a criminal offense, the provider shall reimburse
the individual the amounts required by Section 53.153, Texas Occupations
Code.
(f) - (g)(No change.)
(h)Course examinations.
(1)The final examination given at the end of each
course must be given in a form and with questions that were submitted
to the Commission with the course approval form. All final examinations
must be closed booked.
(2)Final examination questions must be kept confidential
and be significantly different from any quizzes and exercises used
in the course.
(3)A provider shall not permit a student to view or
take a final examination before the completion of regular course work
and any makeup sessions required by this section.
(4)A provider must rotate all versions of the examination
required by §535.62(b)(7) throughout the approval period for
a course in a manner acceptable to the Commission and examinations
must:
(A)require an unweighted passing score of 70%; and
(B)be proctored by a member of the provider faculty
or staff, or third party proctor acceptable to the Commission, who:
(i)is present at the test site or able to monitor
the student through the use of technology acceptable to the Commission;
and
(ii)has positively identified that the student taking
the examination is the student registered for and who took the course.
(5)The following are acceptable third party proctors:
(A)employees at official testing or learning/tutoring
centers;
(B)librarians at a school, university, or public library;
(C)college or university administrators, faculty,
or academic advisors;
(D)clergy who are affiliated with a specific temple,
synagogue, mosque, or church; and
(E)educational officers of a military installation
or correctional facility.
(6)A provider may not give credit to a student who
fails a final examination and a subsequent final examination as provided
for in subsection (i) of this section.
(i) - (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 November 16, 2017
TRD-201704666 Kerri Lewis
General Counsel
Texas Real Estate Commission
Earliest possible date of adoption: December 31, 2017
For further information, please call: (512) 936-3092
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