Current through February, 2024
(a) Each school shall designate an individual
as principal.
(b) The principal
shall be responsible for:
(1) Complying with
the commission's rules relating to real estate schools;
(2) Providing reports and information as may
be required by the commission;
(3)
Informing the commission in writing five business days prior to any changes in
school policies, programs, personnel, facilities, tuition, calendar, and all
other matters changing the status of the school as originally
licensed;
(4) Advertising by the
school; and
(5) Directing and
supervising the school staff and program.
(c) Every instructor shall be biennially
certified by the commission. Certification shall be obtained by each instructor
for each course the instructor desires to teach. The commission may, prior to
the instructor's initial certification and prior to any recertification,
require the instructor to do either or both of the following: to complete a
commission sponsored or approved instructor's workshop, or to appear before the
commission to demonstrate the instructor's command of and ability to
communicate the prelicense course.
(d) Each instructor shall initially take and
pass an examination with a minimum passing score of eighty-five per cent or as
prescribed by the commission and shall:
(1)
Hold a current and unencumbered Hawaii real estate broker's license, have at
least three years full-time experience in real estate in Hawaii, and fulfill
the present experience requirement for a Hawaii broker's license;
(2) Hold a degree in law and be an attorney
licensed and in practice in the area of real estate for at least two years in
this State;
(3) Hold an appointment
to the real estate faculty of an accredited college or university; or
(4) Have graduated from an accredited college
or university, have at least three years full-time experience in real estate in
Hawaii, and fulfill the present experience requirements for a Hawaii broker's
license.
(e) Each
instructor shall have had one year prior teaching experience in real estate
within three years preceding the application for certification and possess in
addition to the requirements in subsection (d):
(1) A certificate of completion from a
special real estate instructor institute issued within a year immediately
preceding the request for certification;
(2) A certificate of completion from a
professional real estate course leading to a professional designation accepted
by the commission;
(3) An
appointment to the real estate faculty of an accredited institution of higher
education;
(4) A certificate of
completion from an accredited salesperson and broker course; or
(5) Other as the commission may determine
(including successfully passing a qualifying real estate license
examination).
(f) School
personnel shall comply with applicable state department of health
requirements.
(g) An instructor may
not be certified if the individual has been:
(1) Disciplined by the commission or any
state or by any licensing regulatory body for fraud, misrepresentation, or
deceit in connection with the sale, purchase, exchange, or property management
of any interest in real estate or for any other conduct substantially related
to the practice or profession of real estate; or
(2) Convicted of a crime which substantially
relates to the profession of teaching or to the practice or profession of real
estate.
(h) A registered
school shall obtain the approval of the commission prior to scheduling the
appearance of a guest lecturer or substitute teacher as an instructor for a
specified topic of instruction included in its approved curriculum. A guest or
substitute teacher shall not be used for more than fifty per cent of its
scheduled classes.
