Current through Register Vol. 48, No. 38, September 20, 2024
a) A person or
entity seeking to provide pre-license education, the 45-hour post-license
education, or CE shall submit:
1) A signed
and completed education provider's application in a format provided by the
Division;
2) The required fee set
forth in Section
1450.130;
3) A course description, learning objectives,
comprehensive timed outline and, when applicable, the final examination, answer
key for each course, and final exam proctor policy; and any other information
required by the Division;
4)
Applications and fees for each course, as set forth in Sections
1450.1105(a)
and
1450.1135(a);
and
5) Authorization to conduct or
transact business in Illinois issued by the SOS.
b) The Division shall notify the applicant in
writing of its decision. In the event the applicant is denied, the basis for
denial will be provided and the applicant advised that a hearing on the merits
may be requested (see Section 20-60 of the Act and Article 10 of the Illinois
Administrative Procedure Act [5 ILCS 100]).
c) The education program offered by an
education provider shall:
1) Be approved by
the education provider's governing and/or supervising body;
2) Only use instructors with a valid Illinois
instructor license issued under the Act and Sections
1450.1115
and
1450.1145;
3) Have a curriculum that meets the
requirements of Section
1450.1105
and/or Section 1450.1135; and
4)
Include a proctored final examination, when necessary, as outlined in Sections
1450.1105
and 1450.1135.
d) Records
and Facilities
1) Education providers must
maintain all records, including, but not limited to, transcripts, attendance
records, and certificates of completion, for a period of not less than 5 years
regardless of whether the education provider's license is active. Those records
may be maintained in physical or electronic form.
2) Education providers must provide customer
service email or telephone contact information.
3) Education providers and their records are
subject to inspection at any time after submitting an application to the
Division. The inspection shall be made during regular business hours, with at
least 24 hours advance notice of the inspection.
4) No education provider shall conduct
in-person business in a private residence or retail establishment, unless the
education provider's business location within the retail establishment is a
separate and distinct space solely occupied by the education
provider.
5) Whenever an education
provider intends to operate at a location other than the location of record,
the education provider shall, no later than 10 days prior to that operation,
notify the Division in a format provided by the Division.
e) Administration
1) No education provider shall advertise that
it is endorsed, recommended or accredited by the Division. The education
provider may indicate that the school is licensed by the Division.
2) Every education provider shall submit to
the Division, upon the Division's request, a schedule including location, date,
time and name of each licensed pre-license or CE instructor for each licensed
pre-license, post-license or CE course offered. The education provider shall,
upon the Division's request, notify the Division of any changes to that
schedule.
3) Every education
provider shall specify, in any advertising promoting pre-license, post-license
or CE courses, the number of pre-license, post-license or CE credit hours that
may be earned toward Illinois pre-license, post-license or CE
requirements.
4) Prior to
enrollment, the education provider shall provide a prospective student with
information that specifies:
A) The course of
study to be offered and the delivery method;
B) The tuition to be charged;
C) The education provider's policy regarding
refund of unearned tuition when a student is dismissed or withdraws voluntarily
or through hardship;
D) Any
additional fee to be charged for supplies, materials or books that become the
property of the student upon payment; and
E) Other matters that are material to the
relationship between the education provider and the student.
5) Each education provider shall
maintain for each student a record including the course of instruction
undertaken, dates of attendance, areas of study satisfactorily completed, and,
if applicable, the date on which the final exam was successfully passed. Each
student's record shall be maintained by the education provider, regardless of
whether the education provider's license is currently active, for a period of 5
years and shall be available to the student or for inspection by the Division
during regular business hours.
6)
An education provider shall issue a transcript or certificate of completion, in
a format provided by the Division, upon a student's successful completion of
any course. Each transcript or certificate of completion shall be authenticated
and capable of being verified by the education provider.
7) The education provider shall certify on
the initial application that sufficient financial resources are available to
equip and maintain the school.
8)
The education provider shall verify attendance at each pre-license course,
post-license course, and CE course. A student may only receive credit for time
actually spent attending the course or, if applicable, for achieving a passing
score of at least 75% on the final examination to receive credit.
9) Each education provider shall provide time
and facilities for conducting make-up classes for students absent from the
regularly scheduled class. No more than 10% of the total credit hours may
include make-up credit hours. A student missing any make-up credit hours shall
fail the course.
10) The Division
shall be reimbursed by any out-of-state education provider for all reasonable
expenses incurred by an inspector to inspect its facilities or
records.
11) An education provider
shall submit proof of ownership as may, from time to time, be required by the
Division.
12) Course Completion
Records. Every licensed education provider shall submit to the Division, in a
format provided by the Division, on or before the
15th of each month, a report of applicants or
licensees passing education courses offered by the education provider during
the preceding calendar month.
A) An
administrative fee in the amount of $50 will be imposed on an education
provider that fails to submit its monthly report on or before the
15th of the month.
B) If an education provider fails to submit
monthly reports and/or to pay the required late fees for three or more
successive months, the license of the education provider and the courses
offered by that education provider may be subject to discipline as set forth in
Section
1450.1165.
f) Education providers offering a 30-hour
real estate auction certification course must comply with Section
1450.1300.
g) Each university, college, community
college, or school supported by public funds in the State of Illinois shall be
deemed to qualify as an education provider, as long as that university,
college, community college, or school meets the following criteria and
certifies to the Division that:
1) The
facility is domiciled in, and supported by public funds of, the State of
Illinois;
2) The instructors are
approved and licensed by the Division;
3) The courses offered are approved and
licensed by the Division;
4) The
program that offers pre-license or continuing education is a not-for-profit
division of the university, college, community college, or school;
and
5) The courses and curriculum
meet the requirements of Section 1450.1105.