Texas Register

TITLE 22 EXAMINING BOARDS
PART 23TEXAS REAL ESTATE COMMISSION
CHAPTER 535GENERAL PROVISIONS
SUBCHAPTER FREQUIREMENTS FOR EDUCATION PROVIDERS, COURSES AND INSTRUCTORS FOR QUALIFYING EDUCATION
RULE §535.65Responsibilities and Operations of Providers of Qualifying Courses
ISSUE 03/03/2023
ACTION Proposed
Preamble Texas Admin Code Rule

  (1)A provider shall maintain records of each student enrolled in a course for a minimum of four years following completion of the course, including course and instructor evaluations and student enrollment agreements.

  (2)A provider shall maintain financial records sufficient to reflect at any time the financial condition of the school.

  (3)A school's financial statement and balance sheets must be available for audit by Commission staff, and the Commission may require presentation of financial statements or other financial records.

  (4)All records may be maintained electronically but must be in a common format that is legible and easily printed or viewed without additional manipulation or special software.

(m)Changes in ownership [Ownership] or operation [Operation] of an approved provider of qualifying courses.

  (1)An approved provider shall obtain the approval of the Commission at least 30 days in advance of any material change in the operations of the provider by submitting the Qualifying Education Provider Supplement Application, including but not limited to changes in:

    (A)operations or records management; and

    (B)the location of the main office and any other locations where courses are offered.

  (2)An approved provider requesting approval of a change in ownership shall provide all of the following information or documents to the Commission:

    (A)an Education Provider Application reflecting all required information for each owner and the required fee;

    (B)a Principal Information Form for each proposed new owner who holds at least 10% interest in the school;

    (C)financial documents to satisfy standards imposed by §535.61 of this subchapter (relating to Approval of Providers of Qualifying Courses), including a $20,000 surety bond for the proposed new owner; and

    (D)business documentation reflecting the 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 February 15, 2023

TRD-202300744

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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