32-2135

32-2135. Real estate schools; courses of
study; instructors; certification

A. Except as provided in section 32-4301, before offering a course of study towards
completion of the education requirement for real estate licensure or renewal of
licensure, a school shall obtain from the commissioner a certificate of approval or
renewal to operate a school for a period of at least four years. A school shall also
obtain a certificate of course approval for each course offered for credit that is not
currently approved for another school. Each school is responsible for the content of any
course it offers and for the professional administration and teaching of the course.
Live classroom prelicensure education, live classroom continuing education and distance
learning continuing education courses are subject to approval pursuant to this section.

B. Each approved school shall issue a certificate of real estate course attendance
to each person who completes an approved prelicensure or continuing education course. An
applicant for renewal of licensure as provided by section 32-2130 shall file evidence of
the certificates issued by the school with the commissioner showing the number of credit
hours and course of study required for renewal.

C. The commissioner may withdraw or deny certification or approval of real estate
schools, educational courses or real estate instructors for any acts inconsistent with
the requirements of this chapter, including:

1. The commission of or the failure to report a violation by an approved school or
instructor of any provision of this chapter or rules adopted pursuant to this chapter.

2. Improper certification of student attendance or performance.

3. Any act that is grounds for discipline under section 32-2153.

4. Teaching information or using course materials that have not been approved by
the commissioner.

5. Failing to attend any continuing education course required by the commissioner.

6. Filing any false or misleading application, report or documentation with the
department.

D. A real estate school, through any owner, director, administrator, instructor or
other agent, shall not:

1. Offer a course of study for credit that is not approved by the department,
except that the school may advertise a course as pending approval before its approval.

2. Promote or advertise the school using false or misleading statistics or
testimonials or any other form of deceptive advertisement.

E. The commissioner may determine minimal content requirements for approving
educational courses and appropriate professional qualifications for approving instructors
to teach individual educational courses.

F. At least thirty days before holding a course of study for completion of the
education requirements leading to licensure of real estate applicants or for license
renewal requirements, an application for a certificate of course approval or renewal must
be filed with the department. For a live classroom course, the application shall include
a course outline with sufficient detail to clearly identify the scope and content of the
course. The outline shall state a desired instructional outcome for the course. A
prelicensure education course outline that is submitted for approval shall be divided
into estimated fifty minute instructional segments. Course approval shall not be
unreasonably withheld and shall not be issued later than thirty days after filing with
the department for a live classroom course. A continuing education distance learning
course approval shall not be issued later than ninety days after filing with the
department. If the approvals under this subsection are not granted within the time
frames prescribed by this subsection, the course shall be automatically approved on a
provisional basis for one hundred eighty days, unless the department has otherwise
notified the applicant of specific deficiencies or unfulfilled requirements for the
course submission. A provisional approval may be withdrawn by the department upon fifteen
days' advance notice if the department's review of the course subsequently reveals course
deficiencies or unfulfilled course requirements. If not withdrawn, the course approval
shall remain approved for the entire course approval period. Course approval shall be for
a period of at least four years if the contents of the course remain current and
substantially unchanged. The course may not be taught if the content ceases to be current
or is substantially changed. The department may establish by rule additional appropriate
requirements for approval of a distance learning course.

G. For a currently approved course:

1. The school shall submit notice to the department at least fourteen days before
holding the course to permit department employees to monitor the course. The notice is
not otherwise subject to review and approval by the department.

2. With the permission of the school that received original approval for the
course, another school that desires to offer the course is subject only to the fourteen
day notice requirement before holding the same course. No additional review and approval
by the department is required.

H. The department shall approve for continuing education credit any course of study
proposed by a real estate school if the course satisfies the commissioner's requirements
and is held in this state.

I. The department may approve for continuing education credit any course of study
proposed by a real estate school if the course satisfies the commissioner's requirements
and is held outside this state. Upon the commissioner's request, the school shall either:

1. Provide the department with a videotape or videotapes of the course.

2. Make arrangements that are approved by the department for monitoring the course.

J. An instructor shall file with the department an application for instructor
approval or renewal. Instructor approval shall be for at least four years from the date
of approval and is subject to amendment during the license period only if information
material to the instructor's qualifications has changed. A person holding instructor
approval to teach specific subject matter is not subject to additional or duplicate
approval requirements during the original approval period, except that an additional
instructor competency area may be added during the license period on submission by the
instructor of evidence of competency in such additional competency area.

K. The thirty day and fourteen day course filing time frames prescribed in this
section may be waived by the department for good cause shown.

L. Unless subject to a violation or suspected violation listed in subsection C of
this section, the department's approval of a school, school official, instructor or
course shall be processed in a time frame consistent with the time frames set forth in
this section.

M. This section does not affect the department's ability to withdraw or deny
certification or approval of real estate schools, education courses or real estate
instructors for a violation of this chapter.