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 09/04/2015
ACTION Proposed
Preamble Texas Admin Code Rule

  (1)A provider shall provide each student enrolled in a course with an instructor and course evaluation form and provide a link to an online version of the form that a student can complete and submit any time after course completion.

  (2)An instructor may not be present when a student is completing the evaluation form and may not be involved in any manner with the evaluation process.

  (3)When [At a minimum, when] evaluating an instructor or course, a provider shall use the [ an] evaluation form approved by the Commission. A provider may also add additional questions to the end of the Commission evaluation form or request the students to also complete the provider's evaluation form.

  (4)A provider shall maintain any comments made by the provider's management relevant to instructor or course evaluations with the provider's records.

  (5)At the Commission's request, a provider shall produce instructor and course evaluation forms for inspection by Commission staff.

(l)(No change.)

(m)Changes in Ownership or 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 operation of the provider, including but not limited to changes in:

    (A)ownership;

    (B)management; and

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

  (2)An approved provider, upon transfer to the new owner, must meet the financial review standards imposed by §535.61 of this subchapter.

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

    (A)a new bond of $20,000 for the proposed new owner, a statement from the bonding company indicating that the former bond will transfer to the proposed new owner, or other security acceptable to the Commission under §1101.302 of the Act;

    (B)an Education Provider Application reflecting all required information for each proposed new owner; [and]

    (C)a Principal Information Form for each proposed new owner who would hold at least a 10% interest in the school; and[.]

     (D)pay the fee required by §535.101 or §535.210 of this title.

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 August 20, 2015

TRD-201503260

Kerri Lewis

General Counsel

Texas Real Estate Commission

Earliest possible date of adoption: October 4, 2015

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



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