(a) - (e)(No change.)
(f)Except as provided in this section, non-elective
CE courses must meet the presentation requirements of §535.65(g)
of this title (relating to Responsibilities and Operations of Providers
of Qualifying Courses).
[(1)][Classroom Delivery.] The
provider must submit a course completion roster in accordance with §535.75(d)
of this subchapter (relating to Responsibilities and Operations of
Continuing Education Providers).
[(2)][Distance Education Delivery.]
[(A)]Non-elective real estate courses are
designed by the Commission for interactive classroom delivery. Acceptable
demonstration of methods [a method] to engage
[distance education delivery] students in interactive discussions
and [group] activities [, as well as additional material]
to meet the course objectives and time requirements are required for
approval.
[(B)The provider must submit a course
completion roster in accordance with §535.75(d) of this subchapter]
(g)Course examinations.
[(1)]A provider must administer a final
examination promulgated by the Commission for non-elective CE courses
. [as follows:]
[(A)]The [For classroom
delivery, the] examination will be included in course [
given as a part of class] instruction time. [with]
Each [each] student will complete [answering
] the examination [questions] independently followed
by a review of the correct answers by the instructor. There is no
minimum passing grade required to receive credit.
[(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) of
this title, who is present at the test site and has positively identified
that the student taking the examination is the student who registered
for and took the course; or]
[(ii)administered using a computer under conditions
that satisfy the Commission that the student taking the examination
is the student who registered for and took the course;]
[(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 (h) of this section.]
[(h)Subsequent final course examination.]
[(1)If a student fails a final course examination,
a provider may permit the student to take one subsequent final examination.]
[(2)A student shall complete the subsequent final
examination no later than the 30th day after the date the original
class concludes. The subsequent final examination must be different
from the first examination.]
[(3)A student who fails the subsequent final course
examination is required to retake the course and the final course
examination.]
(h)[(i)] Approval of currently
approved courses by a secondary provider.
(1)If a CE provider wants to offer a course currently
approved for another provider, that secondary provider must:
(A)submit the CE course application supplement form(s);
(B)submit written authorization to the Commission
from the author or provider for whom the course was initially approved
granting permission for the subsequent provider to offer the course;
and
(C)pay the fee required by §535.101 (relating
to Fees) or §535.210 of this title (relating to Fees).
(2)If approved to offer the currently approved course,
the secondary provider is required to:
(A)offer the course as originally approved, assume
the original expiration date, include any approved revisions, use
all materials required for the course; and
(B)meet the requirements of §535.75 of this subchapter.
(i)[(j)] Approval notice. A
CE Provider shall not offer non-elective continuing education courses
until the provider has received written notice of the approval from
the Commission.
(j)[(k)] Required revision of
a currently approved non-elective CE course. Providers are responsible
for keeping current on changes to the Act and Commission Rules and
must supplement materials for approved non-elective CE courses to
present the current version of all applicable statutes and rules on
or before the effective date of those statutes or rules.
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 February 13, 2020
TRD-202000603 Chelsea Buchholtz
Executive Director
Texas Real Estate Commission
Earliest possible date of adoption: March 29, 2020
For further information, please call: (512) 936-3284
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