(a)Application. A person desiring to offer educational programs or courses of study under approval of the commission pursuant to Texas Occupations Code [Civil Statutes], Chapter 1101 [ Article 6573a], (the Act), §1101.301[7(f)], shall file an application on forms adopted by the commission accompanied by the fee prescribed pursuant to §1101.152(a)(10)[11(9) ] of the Act. The commission may request additional information from an applicant which the commission deems to be relevant and material to the consideration of an application. (b)Standards for approval of application for accreditation. To be accredited as a school, 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, such as an independent contractor, to conduct or administer the courses, the other person must meet this standard as if the other person were the applicant. The applicant also must demonstrate that the applicant has sufficient financial resources to conduct its proposed operations on a continuing basis without risk of loss to students attending the school and that the proposed facilities will be adequate and safe for conducting classes. If the applicant is currently accredited, the applicant will be deemed to meet financial requirements imposed by this subsection once the applicant has provided the statutory bond or other security acceptable to the commission under Section 1101.301[ 7(f)] of the Act and there are no unsatisfied final money judgments against the applicant; otherwise, the application will be subject to the financial review provisions of this section. (c)(No change.) (d)Approval of application for accreditation. If it determines that the applicant meets the standards for accreditation and has furnished the bond or other acceptable security required by the Act, §1101.302 [7(f)]), the commission shall approve the application and provide a written notice of the accreditation to the applicant. Unless surrendered or revoked for cause, the accreditation will be valid for a period of five years. (e)(No change.) (f)Disapproval of application. If it determines that an applicant does not meet the standards for accreditation, the commission shall disapprove the application in writing. An applicant may request a hearing before the commission on the disapproval by filing a written request for hearing within 10 days following the applicant's receipt of the notice of disapproval. Following the hearing, the commission shall issue an order which, in the opinion of the commission, is appropriate in the matter concerned. Venue for any hearing conducted under this section shall be in Travis County. The disapproval and hearing are subject to the Administrative Procedure Act, Texas Government Code, Chapter 2001 [§2001.001, et. seq.], and to Chapter 533 of this title (relating to Practice and Procedure). (g)Forms. The Texas Real Estate Commission adopts by reference the following forms approved by the commission. These documents are published by and available from the Texas Real Estate Commission, P.O. Box 12188, Austin, Texas 78711-2188. (1)-(3)(No change.) (4)Form ED 4-1[0], Instructor Application; (5)-(7) (No change.) (h)-(k)(No change.) (l)Disapproval of application. The commission may disapprove an application for approval of an instructor for failure to meet the standard imposed by subsection (g) of this section, failure to satisfy the commission as to the applicant's honesty, trustworthiness or integrity, or for any reason which would be a ground to suspend or revoke a real estate license. If an application is disapproved, the commission shall provide written notice to the applicant detailing the basis of the decision. An applicant may request a hearing before the commission by filing a written request for hearing within 10 days following the applicant's receipt of the notice of disapproval. Venue for any hearing conducted under this section is in Travis County. Appeals from application disapprovals will be conducted in the manner required by the Act, §1101.364[10]. Hearings are subject to the Administrative Procedure Act, Texas Government Code, Chapter 2001 [§2001.001, et. seq.], and to Chapter 533 of this title (relating to Practice and Procedure). (m)-(o)(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-200305205 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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