South Carolina Code of Regulations
Chapter 105 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-- SOUTH CAROLINA REAL ESTATE COMMISSION
105-8 - Other Operating Procedures.

Universal Citation: SC Code Regs 105-8

105-8. Other Operating Procedures.

A. Teaching Methods.

(1) Courses must be taught by Commission-approved instructors and must be presented in a physical classroom or approved virtual environment. Correspondence courses will not be approved. Nothing in this section shall prohibit the use of video equipment as a teaching supplement.

(2) Distance education courses must adhere to the Commission's standards for distance education.

B. Facilities and Equipment.

(1) All classroom facilities must meet the appropriate building, health, and fire codes, must be maintained in a safe and sanitary condition at all times, and are subject to inspection and approval by a representative of the Commission.

(2) Classrooms shall be of sufficient size to accommodate comfortably all students enrolled in a course, shall have adequate light, heat, cooling and ventilation, and shall be free of distractions which would disrupt class sessions.

(3) Classrooms shall contain audio-visual equipment and desks or worktables sufficient to accommodate all students enrolled in a course.

C. Advertising.

(1) "Advertising" means any form of public notice, including but not limited to, publications, promotional items, and all other efforts which could normally be expected to be seen or heard by prospective students. Examples may include: emails, social media posts, catalogs, flyers, signs, mailing pieces, radio, television, audio-visual, newspaper, or any other form of public notice designed to aid in the provider's recruiting and promotional activities. Advertising also includes oral communications.

(2) Each provider must maintain high standards in the conduct of its operations, solicitation of students, and in its advertising and promotional material. The use of any unfair or deceptive practice or the making or causing to be made of any false, misleading, or deceptive statement in any advertising or promotional material which has the tendency or capacity to mislead or deceive students, prospective students, or the public shall be cause for disciplinary action.

(3) No provider or instructor shall allow anyone to use the classroom to recruit new affiliates for any company, sell promotional materials, or solicit business during an instruction period. Providers and instructors must promptly report to the Commission any efforts in violation of this paragraph.

(4) The name of the provider and course approval number must be disclosed in every advertisement when using a specific course title in an advertisement.

(5) A provider may not advertise or imply that it is recommended or endorsed by the South Carolina Real Estate Commission.

(6) The provider must be able to substantiate from its own records any advertised statistics or claims. Passage rates of students taking examinations must not be used in any advertising unless total numbers of students and other pertinent information is disclosed. School reports of the South Carolina Real Estate Commission regarding passage rates for first-time examiners may not be referenced in advertising.

(7) A provider must not use abbreviations which could tend to mislead or confuse or otherwise create misunderstanding with students or the public.

(8) A provider must not falsely represent, either directly or by implication, that students successfully completing a course of instruction may transfer credit to an accredited institution of higher education or that a course has been approved by a particular industry; or represent that its successful completion will insure passage of the state licensing examinations or obtaining a real estate license.

D. Changes.

Proposed changes to course name, content, length, location and/or texts must be submitted to and approved by the Commission prior to implementation.

HISTORY: Added by State Register Volume 23, Issue No. 5, eff May 28, 1999. Amended by State Register Volume 41, Issue No. 5, Doc. No. 4724, eff May 26, 2017.

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