(a)(No change.)
(b)Use of Qualified [approved]
Instructor.
(1)Except as provided by this subsection, a provider
must use an instructor that is currently qualified under §535.63
of this subchapter (relating to Approval of Instructors of Qualifying
Courses) [approved by the Commission] to teach the
specified course.
(2)Each instructor shall be selected on the basis
of expertise in the subject area of instruction and ability as an
instructor.
(3)A provider shall require specialized training or
work experience for instructors teaching specialized subjects such
as law, appraisal, investments, taxation or home inspection.
(4)An instructor shall teach a course in substantially
the same manner represented to the Commission in the instructor's
manual or other documents filed with the application for course approval.
(5)A provider may use the services of a guest instructor
who does not meet the instructor qualifications under §535.63
of this subchapter [is not approved as an instructor by
the Commission] for qualifying real estate or inspector courses
provided that person instructs for no more than 10% of the total course
time.
(c)Advertising.
(1)The following practices are prohibited:
(A)using any advertising which does not clearly and
conspicuously contain the provider's name on the first page or screen
of the advertising;
(B)representing that the provider's program is the
only vehicle by which a person may satisfy educational requirements;
(C)conveying a false impression of the provider's
size, superiority, importance, location, equipment or facilities,
except that a provider may use objective information published by
the Commission regarding pass rates if the provider also displays
next to the passage rate in a readily noticeable fashion:[;]
(i)A hyperlink to the Commission
website's Education Provider Exam Passage Rate page labeled "TREC
Provider Exam Pass Rates" for digital media; or
(ii)A URL to the Commission website's
Education Provider Exam Passage Rate page labeled "TREC Provider Exam
Pass Rates" for non-digital media;
(D)promoting the provider directly or indirectly as
a job placement agency, unless the provider is participating in a
program recognized by federal, state, or local government and is providing
job placement services to the extent the services are required by
the program;
(E)making any statement which is misleading, likely
to deceive the public, or which in any manner tends to create a misleading
impression;
(F)advertising a course under a course name other
than the course name approved by the Commission; or
(G)advertising using a name that implies the course
provider is the Texas Real Estate Commission, including use of the
acronym "TREC", in all or part of the course provider's name.
(2)Any written advertisement by a provider that includes
a fee that the provider charges for a course must display any additional
fees that the provider charges for the course in the same place in
the advertisement and with the same degree of prominence.
(3)The provider shall advertise a course for the full
clock hours of time for which credit is awarded.
(4)The provider is responsible for and subject to
sanctions for any violation of this subsection by any affiliate or
other third party marketer or web hosting site associated with or
used by the provider.
(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;
(F)the procedure and fees, if applicable,
associated with exam proctoring;
(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 procedure and fees for taking
any permitted makeup final examination or any permitted re-examination,
including any applicable time limits; and
(H)[(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)(No change.)
(f)Course materials.
(1)Before the course starts, a provider shall give
each student copies of or, if a student has online access, provide
online access to any materials to be used for the course.
(2)A provider shall update course materials to
ensure that current and accurate information is provided to students
as provided for under §535.62 of this title (relating to
Approval of Qualifying Courses).
(g)Presentation of courses.
(1)Classroom Delivery:
(A)The location for the course must be:
(i)conducive to instruction, such as a classroom,
training room, conference room, or assembly hall that is separate
and apart from work areas;
(ii)adequate for the class size;
(iii)pose no threat to the health or safety of students;
and
(iv)allow the instructor to see and hear each student
and the students to see and hear the instructor, including when offered
through the use of technology.
(B)The provider must:
(i)check the photo identification of each student
at class sign up and when signing in for each subsequent meeting of
the class;
(ii)ensure the student is present for the course for
the hours of time for which credit is awarded;
(iii)provide a 10 minute break per hour at least every
two hours; and
(iv)not have daily course segments that exceed 12
hours.
(C)If the course is a qualifying or non-elective continuing
education course delivered through the use of technology and there
are more than 20 students registered for the course, the provider
will also use:
(i)a monitor at the broadcast origination site to
verify identification of each student, monitor active participation
of each student and facilitate questions for the instructor; and
(ii)a proctor at each remote site with more than 20
students to verify identification of each student, monitor active
participation of each student and proctor any on-site examination.
(D)Makeup Session for Classroom Courses.
(i)A provider may permit a student who attends at
least two-thirds of an originally scheduled qualifying course to complete
a makeup session to satisfy attendance requirements.
(ii)A member of the provider's staff must approve
the makeup procedure to be followed. Acceptable makeup procedures
are:
(I)attendance in corresponding class sessions in a
subsequent offering of the same course; or
(II)the supervised presentation by audio or video
recording of the class sessions actually missed.
(iii)A student shall complete all class makeup sessions
no later than the 90th day after the date of the completion of the
original course.
(iv)A student who attends less than two-thirds of
the originally scheduled qualifying course is not eligible to complete
a makeup session. The student shall automatically be dropped from
the course with no credit.
(2)Distance Education Delivery. The provider must
ensure that:
(A)the student taking all topics of the course and
completing all quizzes and exercises is the student receiving credit
for the course through a student identity verification process acceptable
to the Commission;
(B)a qualified [an approved]
instructor is available to answer students' questions or provide assistance
as necessary in a timely manner;
(C)a student has completed all instructional modules
and attended any hours of live instruction required for a given course;
and
(D)a qualified [an approved]
instructor is responsible for providing answers and rationale for
the grading of the written course work.
(3)A provider is not required to present topics in
the order outlined for a course on the corresponding course approval
form.
(4)The periods of time prescribed to each unit of
a topic for a qualifying course as outlined on the corresponding course
approval form are recommendations and may be altered to allow instructors
flexibility to meet the particular needs of their students.
(h)(No change.)
(i)Subsequent final course examination.
(1)If a student fails a final course examination,
a provider may permit the student to take a subsequent final examination
only after the student has[:]
[(A)waited at least three calendar
days; and]
[(B)]completed any additional course work
prescribed by the provider.
(2)A student shall complete the subsequent final examination
no later than the 90th day after the date the original class concludes.
The subsequent final examination must be a different version of the
original final examination given to the student and must comply with §535.62(b)(1)(G)
and subsection (h) of this section.
(3)If a student fails to timely complete the subsequent
final examination as required by this subsection, the student shall
be automatically dropped from the course with no credit.
(4)A student who fails the final course examination
a second time is required to retake the course and the final course
examination.
(j)Course completion certificate.
(1)Upon successful completion of a qualifying course,
a provider shall issue a course completion certificate that a student
can submit to the Commission. The course completion certificate shall
show:
(A)the provider's name and approval number;
(B)the instructor's name [and instructor license
number assigned by the Commission];
(C)the course title;
(D)course numbers;
(E)the number of classroom credit hours;
(F)the course delivery method;
(G)the dates the student began and completed the course;
and
(H)printed name and signature of an official of the
provider on record with the Commission.
(2)A provider may withhold any official completion
documentation required by this subsection from a student until the
student has fulfilled all financial obligations to the provider.
(3)A provider shall maintain adequate security against
forgery for official completion documentation required by this subsection.
(k) - (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 May 8, 2019
TRD-201901371 Chelsea Buchholtz
General Counsel
Texas Real Estate Commission
Earliest possible date of adoption: June 23, 2019
For further information, please call: (512) 936-3177
|
