§ 44.4. Review and approval.

 (a)  The Department will have the sole authority to approve or deny continuing education programs. The Department does not approve or endorse continuing education providers.

 (b)  A prospective continuing education provider may apply for continuing education program approval on an application provided by the Department. The application shall be submitted to the Department at least 90 days prior to the first date that the proposed continuing education program will be offered. The applicant shall attach:

   (1)  An outline of the proposed continuing education program, and the method of instruction, either in-person or through interactive technology.

   (2)  A resume detailing each proposed instructor’s qualifications.

   (3)  Other information that the Department may require.

 (c)  The proposed continuing education program is required to satisfy the following criteria to be considered. The program shall be:

   (1)  A formal program of learning which contributes directly to the professional competence of a mortgage professional to engage in the first mortgage loan business.

   (2)  At least 1 credit hour.

   (3)  Conducted by one or more instructors. The following individuals are not qualified to be an instructor, unless the Department determines otherwise:

     (i)   An individual who has had his license suspended or revoked by the Department.

     (ii)   An individual who has been the owner, director or officer of a licensee that has had its license suspended or revoked by the Department.

     (iii)   An individual who has been a party to a Department order or agreement prohibiting the individual from engaging in the first mortgage loan business in this Commonwealth or acting in any other capacity related to activities regulated by the Department.

 (d)  The Department will have 60 days from receipt of a completed application to approve or deny the proposed continuing education program. An application will be deemed completed when the requirements of subsections (b) and (c) have been fulfilled. If the Department fails to approve or deny an application submitted by a prospective continuing education provider within 60 days of its receipt, the continuing education program will be deemed approved by the Department. The Department may deny an application submitted by a prospective continuing education provider if the continuing education program or provider fails to satisfy any of the conditions or requirements contained in this chapter or the act.

 (e)  Approval of a continuing education program by the Department is valid for 1 annual renewal period and does not constitute permanent approval of the continuing education program.

 (f)  Continuing education providers shall provide free access to Department personnel to monitor their continuing education programs.

 (g)  Continuing education providers shall retain original records of attendance for each continuing education program conducted by the continuing education provider for 3 annual renewal periods and shall provide the Department access to the records upon request.