(a)The following words and terms, when used in these sections, shall have the following meanings, unless the context clearly indicates otherwise. (1)Act--The Real Estate License Act, Texas Occupations Code [Civil Statutes], Chapter 1101 [Article 6573a]. (2)-(11)(No change.) (b)(No change.) (c)The commission adopts by reference the following forms published and available from the commission, P.O. Box 12188, Austin, Texas, 78711-2188: (1)-(7)(No change.) (8)MCE Form 9-6[5], Alternative Instructional Methods Reporting Form; (9)MCE Form 10-1[0], MCE [Out of State Course] Credit Request For An Out of State Course; (10)-(13) (No change.) (d)-(e)(No change.) (f)To be approved as an instructor of any MCE course, a person must satisfy the commission as to the person's competency in the subject matter to be taught and ability to teach effectively. Except as provided in subsection (s) of this section and for instructors of single course offerings, if the person is not currently approved by the commission to teach the subject areas of the course, the person must submit Form ED 4-1[0], Instructor Application, and meet the requirements of §535.64(i) [(I)] of this title (relating to Accreditation of Schools and Approval of Courses and Instructors). A person who has received a credential as a certified real estate instructor (CREI), distinguished real estate instructor (DREI), an instructor of the Realtor Institute (GRI), or an instructor who has received a comparable credential from another organization as determined by the commission will be deemed to have met the requirements of §535.64 (i)[(I)] as regards teaching experience and education. The commission may also approve an instructor for a single offering of a course. The provider must submit an MCE Form 3C-1, MCE Single Course Offering Application, and provide a resume to show that the proposed instructor is qualified to teach the subject matter. (g)(No change.) (h)Fees shall be established by the commission in accordance with the provisions of the Act, §1101.152[7A], at such times as the commission deems appropriate. Fees are not refundable and must be submitted in the form of a check or money order, or, in the case of state agencies, colleges or universities, in a form of payment acceptable to the commission. (i)(No change.) (j)An applicant may appeal a disapproval by filing with the commission a written request for a hearing within 10 days after the receipt of the notice of disapproval. Following the hearing, the commission may sustain or withdraw the disapproval or establish conditions for the approval of a provider, course or instructor. Proceedings involving applications shall be conducted in accordance with the Administrative Procedure [and Texas Register] Act, Texas Government Code, Chapter 2001 [ Civil Statutes, Article 6252-13a]. Venue for any hearing conducted under this section shall be in Travis County. (k)A course offered by a provider to satisfy all or part of the six hours of legal topics required by the Act, §1101.455[ 7A], must include one or more of the legal topics listed in the Act or approved by the commission. The commission shall periodically publish lists of additional legal topics approved for MCE credit. (l)A course must be devoted to one or more of the subjects specified under the course titles in the Act, §1101.003(1) and §1101.003(4)-(9) [7(a)(2)-(4) and §7(a)(7)-(10)], to real estate professionalism and ethics or to other subjects approved by the commission for MCE credit. MCE courses must be presentations of relevant issues and changes within the subject areas as they apply to the practice of real estate in the current market or topics which increase or support the licensee's development of skill and competence. Courses approved by the commission for core real estate course credit provided in the Act, §1101.356 and §1101.358[ 7(d)-(e)], may be accepted for satisfying MCE requirements provided the student files a course completion certificate with the commission. MCE courses may be accepted by the commission as real estate related courses for satisfying the education requirements of §1101.356 and §1101.358 [7(d)-(e)], of the Act. Courses related to technology, such as the use of personal computers, must be primarily devoted to the application of technology to the practice of the licensee. (m)-(o)(No change.) (p)Correspondence courses. The commission may approve a provider to offer an MCE course by correspondence subject to the following conditions: (1)(No change.) (2)the content of the course must satisfy the requirements of the Act, §1101.455[7A], and these sections; (3)-(4)(No change.) (q)-(s)(No change.)
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on August 14, 2003
TRD-200305206 Loretta DeHay
General Counsel
Texas Real Estate Commission
Earliest possible date of adoption: September 28, 2003
For further information, please call: (512) 465-3900
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