Current through Register Vol. 39, No. 6, September 16, 2024
(a) The Commission may limit, deny, or
withdraw approval of any instructor applicant or approved instructor upon
finding that the instructor or instructor applicant:
(1) has failed to meet the criteria for
approval described in Rule .0302 of this Section or the criteria for renewal of
approval described in Rule .0306 of this Section at the time of application or
at any time during an approval period;
(2) made any false statements or presented
any false, incomplete, or incorrect information in connection with an
application for approval or renewal of approval or any report that is required
to be submitted to the Commission;
(3) has failed to submit to the Commission
any report, course examination, or video recording required by these
Rules;
(4) has failed to
demonstrate the ability to teach a Prelicensing, Postlicensing, or Update
course in a manner consistent with the course materials;
(5) taught a Prelicensing course and 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 instructor has made or intends to make in his or her instructional program
to improve the performance of the instructor's students on the license
examination;
(6) has been convicted
of, pleaded guilty to, or pleaded no contest to, a misdemeanor or felony
violation of state or federal law by a court of competent
jurisdiction;
(7) has been found by
a court or government agency of competent jurisdiction to have violated any
state or federal regulation prohibiting discrimination;
(8) has obtained, used, or attempted to
obtain or use, in any manner or form, North Carolina real estate license
examination questions except that the instructor or instructor applicant may
sit for their own initial examination for licensure;
(9) has failed to take steps to protect the
security of end-of-course examinations;
(10) failed to take any corrective action set
out in the plan described in Subparagraph (a)(5) of this Rule or as otherwise
requested by the Commission;
(11)
engaged in any other improper, fraudulent, or dishonest conduct;
(12) failed to utilize course materials
pursuant to Rule .0205 of this Subchapter;
(13) has taught or conducted a course in any
manner that discriminated against any person on the basis of age, sex, race,
color, national origin, familial status, handicap status, or religion;
or
(14) failed to comply with any
other provisions of this Subchapter.
(b) If an instructor's annual License
Examination Performance Record fails to exceed 40 percent in each of the
previous two license years and the instructor was approved by the Commission
during the entire previous two years, the Commission shall limit the
instructor's approval such that the instructor shall not teach prelicensing or
postlicensing courses. Said limitation shall be effective July
1st of the calendar year following the Commission's
determination.
The instructor shall be eligible to have the limitation
removed one year after the limitation is imposed provided that the instructor
has:
(1) provided a written plan
describing the changes the instructor has made or intends to make in his or her
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) attended the
Commission's New Instructor Seminar.
(c) A limited instructor is eligible to renew
an instructor approval; however, a renewal shall not remove the limitations
provided under Paragraph (b) of this Rule.
