Utah Administrative Code
Topic - Commerce
Title R162 - Real Estate
Rule R162-2f - Real Estate Licensing and Practices Rule
Section R162-2f-401d - School and Provider Conduct
Universal Citation: UT Admin Code R 162-2f-401d
Current through Bulletin 2024-06, March 15, 2024
(1) Affirmative duties. A school's owners and directors shall:
(a) within 15 days after the occurrence of
any material change in the information provided to the division under
Subsection
R162-2f-206a(2)(a),
give the division written notice of that change;
(b)
(i)
provide instructors of prelicensing courses with the state-approved course
outline; and
(ii) ensure that any
prelicensing course adheres to the topics mandated in the state-approved course
outline;
(c) ensure that
each instructor complies with Section
R162-2f-401e.
(d) before accepting payment from a
prospective student for a prelicensing education course:
(i) provide the criminal history disclosure
statement described in Subsection
R162-2f-206a(3)(d);
(ii) obtain the student's signature on the
criminal history disclosure; and
(iii) have the enrollee verify that an
education waiver has not been obtained from the division;
(e)
(i)
retain signed criminal history disclosures for a minimum of three years from
the date of course completion; and
(ii) make the signed criminal history
disclosures available for inspection by the division upon request;
(f) maintain for a minimum of
three years after enrollment:
(i) the
registration record of each student;
(ii) the attendance record of each student;
and
(iii) any other prescribed
information regarding the offering, including exam results, if any;
(g) ensure that course topics are
taught only by:
(i) certified instructors;
or
(ii) guest lecturers;
(h)
(i) limit the use of approved guest lecturers
to a total of 20% of the instructional hours per approved course; and
(ii) before using a guest lecturer to teach a
portion of a course, document for the division the professional qualifications
of the guest lecturer;
(i) furnish to the division an updated roster
of the school's approved instructors and guest lecturers each time there is a
change;
(j) within ten days of
teaching a course, upload course completion information for any student who:
(i) successfully completes the course;
and
(ii) provides an accurate name
or license number within seven business days of attending the course;
(k) substantiate, upon request by
the division, any claims made in advertising; and
(1) include in all advertising materials the
continuing education course certification number issued by the
division.
(2) Prohibited conduct. A
provider may not:
(a) award continuing
education credit for a course that has not been certified by the division
before its being taught;
(b) award
continuing education credit to any student who fails to:
(i) attend a minimum of 90% of the required
class time; or
(ii) pass a
prelicense course final examination;
(c) accept a student for a reduced number of
hours without first having a written statement from the division defining the
exact number of hours the student must complete;
(d) allow a student to challenge by
examination any course or part of a course in lieu of attendance;
(e) allow a course approved for traditional
education to be:
(i) taught in a private
residence; or
(ii) completed
through home study;
(f)
make a misrepresentation about a competing school or continuing education
provider including a misrepresentation regarding personnel, a course of
instruction, or a business practice;
(g) disseminate advertisements or public
notices that are false or disparage the dignity and integrity of the real
estate profession;
(h) make false
or disparaging remarks about a competitor's services or methods of
operation;
(i) attempt by any means
to obtain or use the questions on the prelicensing examinations unless the
questions have been dropped from the current exam bank;
(j) give valuable consideration to a real
estate brokerage or licensee for referring students to the school;
(k) accept valuable consideration from a real
estate brokerage or licensee for referring students to the brokerage;
(l) allow real estate brokerages to solicit
for agents at the school during class time, including the student break
time;
(m) obligate or require
students to attend any event in which a brokerage solicits for
agents;
(n) award more than eight
credit hours per day per student;
(o) advertise or market a continuing
education course that has not been:
(i)
approved by the division; and
(ii)
issued a current continuing education course certification number; or
(p) advertise, market, or promote
a continuing education course with language indicating that division
certification is pending or otherwise forthcoming.
Disclaimer: These regulations may not be the most recent version. Utah may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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