(a) Except as provided by this section, CE providers must comply with the responsibilities and operations requirements of §535.65 of this chapter (relating to Responsibilities and Operations of Providers of Qualifying Courses).
(b) Use of Qualified Instructor.
(1) Except as provided by this subsection, a CE provider must use an instructor that:
(A) is currently qualified under §535.74 of this subchapter (relating to Qualifications for Continuing Education Instructors); and
(B) has expertise in the subject area of instruction and ability as an instructor;
(2) A CE instructor shall teach a course in substantially the same manner represented to the Commission in the instructor's manual or other documents filed with the application for course approval form;
(3) A CE provider may use the services of a guest instructor who is not qualified under §535.74 of this subchapter for real estate, easement or right-of-way, or inspector elective CE courses provided that:
(A) the guest instructor instructs for no more than a total of 50% of the course; and
(B) a CE instructor qualified under §535.74 of this subchapter remains in the classroom during the guest instructor's presentation.
(4) A CE provider may use the services of a guest instructor who is not qualified under §535.74 of this subchapter for 100% of a real estate, easement or right-of-way, or inspector elective CE courses provided that:
(A) The CE provider is:
(i) an accredited college or university;
(ii) a professional trade association that is approved by the Commission as a CE provider under §535.71 of this subchapter (relating to Approval of Continuing Education Providers); or
(iii) an entity exempt under §535.71 of this subchapter; and
(B) the course is supervised and coordinated by a CE instructor qualified under §535.74 of this subchapter who is responsible for verifying the attendance of all who request CE credit.
(c) CE course examinations.
(1) For real estate CE courses, examinations are only required for non-elective CE courses and must comply with the requirements in §535.72(g) of this subchapter (relating to Approval of Non-elective Continuing Education Courses) and have a minimum of four questions per course credit hour.
(2) For inspector CE courses, examinations are only required for CE courses offered through distance education delivery and must comply with the requirements in §535.72(g) of this subchapter and have a minimum of four questions per course credit hour.
(d) Course completion roster. Upon completion of a course, a CE provider shall submit a class roster to the Commission as outlined by this subsection.
(1) Classroom delivery.
(A) A provider shall maintain a course completion roster and submit information contained in the roster by electronic means acceptable to the Commission not sooner than the number of course credit hours has passed and not later than the 10th calendar day after the date a course is completed.
(B) A course completion roster shall include:
(i) the provider's name and license;
(ii) a list of all instructors whose services were used in the course;
(iii) the course title;
(iv) the course numbers;
(v) the number of classroom credit hours;
(vi) the course delivery method;
(vii) the dates the student started and completed the course; and
(viii) the signature of an authorized representative of the provider for whom an authorized signature is on file with the Commission.
(C) The Commission shall not accept unsigned course completion rosters.
(2) Distance education delivery. A provider shall maintain a Distance Education Reporting form and submit information contained in that form by electronic means acceptable to the Commission, for each student completing the course not sooner than the number of course credit hours has passed after the student starts the course and not later than the 10th calendar day after the student completed the course.
(3) A provider may withhold any official completion documentation required by this subsection from a student until the student has fulfilled all financial obligations to the provider.
(4) A provider shall maintain adequate security against forgery for official completion documentation required by this subsection.
(e) Maintenance of records. Maintenance of CE provider's records is governed by this subsection.
(1) A CE 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) 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.
(3) A CE provider shall maintain any comments made by the provider's management relevant to instructor or course evaluations with the provider's records.
(4) Upon request, a CE provider shall produce instructor and course evaluation forms for inspection by Commission staff.
(f) Changes in ownership or operation of an approved CE Provider. Changes in ownership or operation of an approved CE provider are governed by this subsection.
(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 the main office and any other locations where courses are offered.
(2) An approved provider requesting approval of a change in ownership shall provide a CE Provider Application including all required information and the required fee.
Source Note: The provisions of this §535.75 adopted to be effective January 1, 2015, 39 TexReg 9669; amended to be effective January 1, 2016, 40 TexReg 8237; amended to be effective December 9, 2018, 43 TexReg 7904; amended to be effective September 2, 2019, 44 TexReg 4737; amended to be effective June 16, 2020, 45 TexReg 4036; amended to be effective September 1, 2022, 47 TexReg 3053; amended to be effective June 11, 2023, 48 TexReg 2948
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