R162-2f-401d. School and Provider Conduct

  (1) Affirmative duties. A school's owner(s) and director(s) 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 all instructors comply with Section R162-2f-401e.

  (d) prior to 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) prior to 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

  (l) 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 prior to 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.