22 TAC §535.71, §535.72
The Texas Real Estate Commission (TREC) proposes amendments
to §535.71, concerning approval of mandatory continuing education (MCE)
providers, courses and instructors and §535.72, concerning presentation
of courses, advertising and records.
Under current §535.71, MCE correspondence course examinations must
be conducted by a proctor. The proposed amendment would clarify how the examination
must be graded by the instructor or provider and would permit the course provider
to conduct the examination by use of a computer, thus allowing students to
take the course examination online or at a site designated by the provider.
Whether the examination is conducted by proctor or by computer, the section
would require the provider to ensure that the examinee is the same person
as the person who seeks course credit. The amendment would permit correspondence
course providers to employ the same examination alternatives that exist for
providers who use alternative delivery systems, such as computers. The amendment
to §535.71 also would adopt by reference a revised form, MCE 9-4, Alternative
Instructional Methods Reporting Form, which would be used by the provider
to report the student's passing of the examination and successful completion
of the course. The report form has been rearranged for clarity, and additional
language has been added to emphasize the provider's obligation to submit the
form to TREC. If the provider administers the examination on line, the section
relating to the proctor would not be completed.
The amendment to §535.72 updates a reference to the revised reporting
form.
Mark A. Moseley, general counsel, has determined that for the first five-year
period the sections are in effect there will be no fiscal implications for
the state or for units of local government as a result of enforcing or administering
the sections. There is no anticipated impact on small businesses, micro businesses
or local or state employment as a result of implementing the sections.
Mr. Moseley also has determined that for each year of the first five years
the sections as proposed are in effect the public benefit anticipated as a
result of enforcing the sections will be greater flexibility in the offering
of examinations for MCE correspondence courses. There is no anticipated economic
cost to persons who are required to comply with the proposed sections.
Comments on the proposal may be submitted to Mark A. Moseley, General Counsel,
Texas Real Estate Commission, P.O. Box 12188, Austin, Texas 78711-2188.
The amendments are proposed under Texas Civil Statutes, Article
6573a, §5(h), which authorizes the Texas Real Estate Commission to make
and enforce all rules and regulations necessary for the performance of its
duties.
The statute which is affected by this proposal is Texas Civil Statutes,
Article 6573a.
§535.71.Mandatory Continuing Education: Approval of Providers, Courses and Instructors.
(a)-(b)
(No change.)
(c)
The commission adopts by reference the following forms
published and available from the commission, P.O. Box 12188, Austin, Texas,
78711-2188:
(1)-(7)
(No change.)
(8)
MCE Form
9-4
[
9-3
], Alternative Instructional
Methods Reporting Form;
(9)-(13)
(No change.)
(d)-(o)
(No change.)
(p)
Correspondence courses. The commission may approve a provider
to offer an MCE course by correspondence subject to the following conditions:
(1)-(2)
(No change.)
(3)
students receiving MCE credit for the course must pass
either:
(A)
a proctored written 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;
or
(B)
an examination by use of a computer under
conditions that satisfy the commission that the examinee is the same person
who seeks MCE credit; and
(4)
written course work required of students must be graded
by an approved instructor or the provider's coordinator or director, who is
available to answer students' questions or provide assistance as necessary,
using answer keys approved by the instructor or provider[
; and
]
[(5)
final examinations must be 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].
(q)-(r)
(No change.)
§535.72.Mandatory Continuing Education: Presentation of Courses, Advertising and Records.
(a)-(c )
(No change.)
(d)
Providers of MCE correspondence or alternative delivery
method courses shall furnish each student with an Alternative Instructional
Methods Reporting Form, MCE Form
9-4
[
9-3
], at the time
of the final examination. Upon successful completion of the examination the
student shall sign MCE Form
9-4
[
9-3
]. To report successful
course completion the provider shall file the completed MCE Form
9-4
[
9-3
] with the commission.
(e)-(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 July 17, 2001.
TRD-200104108
Mark A. Moseley
General Counsel
Texas Real Estate Commission
Earliest possible date of adoption: September 2, 2001
For further information, please call: (512) 465-3900