Current through Register Vol. 39, No. 6, September 16, 2024
(a) The Commission
may limit, deny, or withdraw certification of an education provider or suspend,
revoke, or deny renewal of the certification of an education provider upon
finding that an education provider:
(1) was
found by a court or government agency of competent jurisdiction to have
violated any state or federal law;
(2) made any false statements or presented
any false, incomplete, or incorrect information in connection with an
application;
(3) failed to provide
or provided false, incomplete, or incorrect information in connection with any
report the education provider is required to submit to the
Commission;
(4) presented to its
students or prospective students false or misleading information relating to
its instructional program, to the instructional programs of other institutions,
or related to employment opportunities;
(5) collected money from students but refused
or failed to provide the promised instruction;
(6) failed to submit the per student fee as
required by
G.S.
93A-4(a2) or
93A-38.5(e).
(7) refused at any time to permit authorized
representatives of the Commission to inspect the education provider's
facilities or audit its courses;
(8) or education director violated the rules
of this Subchapter or was disciplined by the Commission under
G.S.
93A-6;
(9) obtained or used, or attempted to obtain
or use, in any manner or form, North Carolina real estate license examination
questions;
(10) failed to provide
to the Commission, within 30 days of the Commission's request during an
investigation or application process, a written plan describing the changes the
education provider made or intends to make in its instructional program
including instructors, course materials, methods of student evaluation, and
completion standards to improve the performance of the education provider's
students on the license examination;
(11) provided the Commission a fee that was
dishonored by a bank or returned for insufficient funds;
(12) has had its Certificate of Authority
revoked by the NC Secretary of State pursuant to
G.S.
55-15-30;
(13) has been subject to a revenue suspension
or suspended by the NC Secretary of State pursuant to
G.S.
105-230;
(14) has been administratively dissolved by
the NC Secretary of State pursuant to
G.S.
57D-6-06;
(15) failed to utilize course materials
pursuant to Rule .0205 of this Section;
(16) failed to submit reports pursuant to
Rule .0207 of this Section;
(17)
provided false, incomplete, or misleading information relating to real estate
licensing, education matters, or the broker's education needs or license
status;
(18) discriminated in its
admissions policy or practice against any person on the basis of age, sex,
race, color, national origin, familial status, handicap status, or religion;
or
(19) refused or failed to comply
with the provisions of this Subchapter.
(b) A broker shall be subject to discipline
pursuant to
G.S.
93A-6 if the broker engages in dishonest,
fraudulent, or improper conduct in connection with the operations of an
education provider if that broker:
(1) has an
ownership interest in the education provider;
(2) is the education director; or
(3) is an instructor for an education
provider.
(c) If an
education provider's annual License Examination Performance Record fails to
exceed 40 percent in each of the previous two license years and the education
provider was certified by the Commission during the entire two years, the
Commission shall limit the education provider's certification such that the
education provider shall not offer prelicensing or postlicensing courses. Said
limitation shall be effective July 1st of the
calendar year following the Commission's determination.
The education provider shall be eligible to have the
limitation removed one year after the limitation is imposed provided that the
education provider has:
(1) provided a
written plan describing the changes the education provider has made or intends
to make in its instructional program to improve the performance of the students
on the license examination;
(2)
consulted with a designated Commission staff member to review the written plan
and needs for improvement; and
(3)
employed an instructor with no limitations to teach prelicensing and
postlicensing courses.
(d) A limited education provider is eligible
to renew its certification; however, a renewal shall not remove the limitations
provided under Paragraph (c) of this Rule.
(e) When ownership of a certified education
provider is transferred and the education provider ceases to operate as the
certified entity, the certification is not transferable and shall terminate on
the effective date of the transfer. All courses shall be completed by the
effective date of the transfer. The transferring owner shall report course
completion(s) to the Commission. The new entity shall obtain an original
certification for each location where the education provider will conduct
courses as required by
G.S.
93A-34 and Rule .0202 of this Section prior
to advertising courses, registering students, accepting tuition, conducting
courses, or otherwise engaging in any education provider operations.
Authority
G.S.
93A-4(d);
93A-34(c);
93A-35(c);
93A-38;
Eff. July 1,
2017;
Amended Eff. July 1, 2022; July 1, 2021; July 1,
2020.
