Texas Register

TITLE 22 EXAMINING BOARDS
PART 23TEXAS REAL ESTATE COMMISSION
CHAPTER 535GENERAL PROVISIONS
SUBCHAPTER GMANDATORY CONTINUING EDUCATION
RULE §535.71Approval of Providers, Courses, and Instructors
ISSUE 03/16/2012
ACTION Final/Adopted
Preamble Texas Admin Code Rule

  (1)the provider complies with §535.72 of this chapter when offering and advertising the course and when completing rosters and retaining records;

  (2)a proctor is present during the time the video is shown; and

  (3)the provider discloses in any advertisement for the course that the instruction will be by supervised video instruction.

(bb)Supervised Video Instruction for non-elective course credit. A provider may register a course under subsection (r) of this section to be taught by supervised video instruction if the provider:

  (1)complies with subsection (aa)(1) - (3) of this section;

  (2)ensures that a certified instructor is available to answer students' questions or provide assistance as necessary; and

  (3)ensures that students receiving MCE credit for the course passed a proctored final examination administered under controlled conditions to positively identified students, at a location and by an official approved by the commission and graded by the instructor or, if the examination is being graded mechanically or by use of a computer, by the provider, using answer keys approved by the instructor or provider.

(cc)An applicant must submit an MCE Course Application Supplement to seek approval to offer an MCE distance learning non-elective course and receive written acknowledgment from the commission prior to offering the course.

(dd)For a distance learning course, an online course will not be considered complete until credit is awarded by the provider. The provider shall award the student credit for the course no earlier than 24 hours after the student starts the course and after the student completes the course requirements for credit. The provider shall report the awarding of credit to the commission either by filing a completed Alternative Instructional Methods Reporting Form, signed by the student, or submitting the information contained in the form by electronic means acceptable to the commission.

(ee)A provider may use as guest speakers persons who have not been approved as instructors, provided that no more than a total of 50% of the course is taught by the unapproved persons for a registered MCE elective credit course. The commission-registered instructor must remain in the classroom during the guest speaker's presentation.

(ff)A provider may use guest speakers who have not been approved as instructors to conduct a registered MCE elective credit course if:

  (1)the provider is an accredited college or university or a professional trade association; and

  (2)the course is supervised and coordinated by a commission-approved instructor who is responsible for verifying the attendance of all who request MCE credit.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on March 1, 2012

TRD-201201256

Loretta R. DeHay

General Counsel

Texas Real Estate Commission

Effective date: March 21, 2012

Proposal publication date: December 30, 2011

For further information, please call: (512) 936-3092



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