(a)Application for approval.
(1)A person desiring to be approved by the Commission
to offer real estate, easement or right-of-way, or real estate inspection
continuing education courses shall:
(A)file an application on the appropriate form approved
by the Commission, with all required documentation;
(B)submit the required fee under §535.101 of
this chapter (relating to Fees) or §535.210 of this chapter
(relating to Fees) [title]; and
(C)maintain a fixed office in the state of Texas or
designate a resident of this state as attorney-in-fact to accept service
of process and act as custodian of any records in Texas which the
continuing education provider is required to maintain by this subchapter.
(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 sends the request.
(3)A CE provider is permitted to offer continuing
education courses in real estate, easement or right-of-way, and real
estate inspector that have been approved by the Commission.
(b)Standards for approval. To be approved by the Commission
to offer real estate, easement or right-of-way, or real estate inspector
continuing education courses, the applicant must satisfy the Commission
as to the applicant's ability to administer courses with competency,
honesty, trustworthiness, and integrity. If the applicant proposes
to employ another person to manage the operation of the applicant,
that person must meet this standard as if that person were the applicant.
(c)Approval notice. An applicant shall not act as
or represent itself to be an approved CE provider until the applicant
has received written notice of the approval from the Commission.
(d)Period of initial approval. The initial approval
of a CE provider is valid for two years.
(e)Denial [Disapproval].
(1)If the Commission determines that an applicant
does not meet the standards for approval, the Commission will provide
written notice of denial [disapproval] to the
applicant.
(2)The denial [disapproval]
notice, applicant's request for a hearing on the denial [
disapproval], and any hearing are governed by the Administrative
Procedure Act, Chapter 2001, 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.]
(f)Renewal.
(1)Not earlier than 90 days before the expiration
of its current approval, an approved provider may apply for renewal
for another two year period.
(2)Approval or disapproval of a renewal application
shall be subject to the standards for initial applications for approval
set out in this section.
(3)The Commission may deny an application for renewal
if the provider is in violation of a Commission order.
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 15, 2023
TRD-202300745 Vanessa E. Burgess
General Counsel
Texas Real Estate Commission
Earliest possible date of adoption: April 2, 2023
For further information, please call: (512) 936-3284
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