Subchapter F. REAL ESTATE EDUCATION PROVIDERS


APPROVAL OF REAL ESTATE EDUCATION PROVIDERS

Sec.


35.341.    Approval of real estate education provider.
35.342.    Approval of educational director.
35.343.    Renewal of education provider approval.
35.344.    Withdrawal of education provider or director approval.

ADMINISTRATION OF REAL ESTATE EDUCATION PROVIDERS


35.351.    Duty of school director.
35.351a.    [Reserved].
35.352.    Location and facilities.
35.353.    Selection of instructors.
35.354.    Prohibited forms of advertising and solicitation.
35.355.    Prospectus materials.
35.356.    Tuition and other fees.
35.357.    Student enrollment agreements.
35.358.    Administration of curriculum.
35.359.    Course documentation.
35.360.    Records.
35.361.    Display of documents and approved name.
35.362.    Inspection of real estate education provider.
35.363.    Termination of operations.

APPROVAL OF REAL ESTATE EDUCATION PROVIDERS


§ 35.341. Approval of real estate education provider.

 A real estate education provider shall obtain the Commission’s approval before commencing operations in this Commonwealth. To obtain approval from the Commission, the real estate education provider shall:

   (1)  Be owned by persons who possess good moral character or, if the owner is a corporation, have officers and directors who meet this requirement.

   (2)  Have a name that is acceptable to the Commission.

   (3)  Have a director of operations who meets the requirements of §  35.342 (relating to approval of real estate educational director).

   (4)  Designate a person or entity to serve as custodian of records if the real estate education provider were to terminate operations.

   (5)  Post a surety bond of $10,000 to the Commonwealth for the protection of the contractual rights of the real estate education provider’s students.

   (6)  Submit a completed real estate education provider approval application to the Commission with:

     (i)   A completed real estate education provider owner application with:

       (A)   A resume of the applicant’s experience in owning, administrating or teaching in an accredited college as defined in §  35.201 (relating to definitions) or as a real estate education provider.

       (B)   Two letters of reference from responsible persons relating to the applicant’s integrity and to the applicant’s previous experience, if any, in the administration of an educational program.

       (C)   Certified copies of court documents related to a conviction of, or plea of guilty or nolo contendere to, a felony or misdemeanor and the sentence imposed.

     (ii)   A completed real estate education provider director application with:

       (A)   Credentials evidencing the qualifications required of the applicant under §  35.342.

       (B)   Certified copies of court documents related to conviction of, or plea of guilty or nolo contendere to, a felony or misdemeanor and the sentence imposed.

     (iii)   A fictitious name registration, if the real estate education provider has a fictitious name.

     (iv)   A copy of the registration documentation approved by the Department’s Corporation Bureau, if the real estate education provider is a corporation, limited liability partnership, limited partnership or limited liability company.

     (v)   A copy of the surety bond required under paragraph (5).

     (vi)   A copy of the student enrollment agreement.

     (vii)   A copy of the school transcript.

     (viii)   A statement of the prerequisites for admission.

     (ix)   A statement of policy regarding refund of tuition and other fees.

     (x)   The approval fee prescribed in §  35.203 (relating to fees).

     (xi)   For the main school location and each proposed satellite location, a sketch or photograph of the real estate education provider’s sign.

Authority

   The provisions of this §  35.341 issued under the Real Estate Licensing and Registration Act (63 P. S. § §  455.101—455.902); amended under section 404.1 of the Real Estate Licensing and Registration Act (63 P. S. §  455.404a).

Source

   The provisions of this §  35.341 adopted February 24, 1989, effective February 25, 1989, 19 Pa.B. 781; amended June 10, 1994, effective June 11, 1994, 24 Pa.B. 2904; amended December 10, 2004, effective December 11, 2004, 34 Pa.B. 6530; corrected March 4, 2005, effective December 11, 2004, 35 Pa.B. 1567; amended December 21, 2012, effective December 22, 2012, 42 Pa.B. 7647. Immediately preceding text appears at serial pages (352067) to (352068).

Cross References

   This section cited in 49 Pa. Code §  35.271 (relating to examination for broker’s license); 49 Pa. Code §  35.272 (relating to examination for salesperson’s license); 49 Pa. Code §  35.273 (relating to examination for cemetery broker’s license); 49 Pa. Code §  35.275 (relating to examination for rental listing referral agent’s license); 49 Pa. Code §  35.342 (relating to approval of educational director); 49 Pa. Code §  35.344 (relating to withdrawal of real estate education provider or director approval); 49 Pa. Code §  35.354 (relating to prohibited forms of advertising and solicitation); and 49 Pa. Code §  35.385 (relating to continuing education providers).

§ 35.342. Approval of real estate educational director.

 (a)  A real estate education provider shall obtain the Commission’s approval of its director before commencing operations in this Commonwealth. The applicant for director shall have a combination of experience in teaching, supervision and educational administration which, in the opinion of the Commission, will enable the applicant to competently administer a real estate education program in areas that include, but are not limited to, the following: evaluation of instructor performance; evaluation of curriculum and specific course content; analysis of course examinations; and management of records and facilities.

 (b)  The Commission may provisionally approve an otherwise qualified applicant for director who lacks sufficient background in teaching, supervision or educational administration. A provisionally approved director shall obtain the requisite qualifications in the time and manner prescribed by the Commission.

 (c)  An approved real estate education provider shall obtain the Commission’s approval before changing directors. The prospective director shall submit to the Commission the information required by §  35.341(6)(ii) (relating to approval of real estate education provider).

 (d)  If the director dies, withdraws or is terminated, an approved real estate education provider will not lose its approved status, nor will it be required to terminate operations within the Commonwealth provided that:

   (1)  The real estate education provider shall submit the name of an interim director to the Commission within 15 days of the death, withdrawal or termination of the director.

   (2)  The interim director is authorized to operate for up to 90 days following the death, withdrawal or termination of the director. Thereafter, continued operation is contingent upon approval of a director under subsection (a) or (b).

   (3)  No changes may be made to the curriculum, testing or facilities until the new director is approved by the Commission.

Authority

   The provisions of this §  35.342 issued under the Real Estate Licensing and Registration Act (63 P. S. § §  455.101—455.902).

Source

   The provisions of this §  35.342 adopted February 24, 1989, effective February 25, 1989, 19 Pa.B. 781; amended December 10, 2004, effective December 11, 2004, 34 Pa.B. 6530. Immediately preceding text appears at serial page (263899).

Notes of Decisions

   Experience

   The Commission’s conclusion that applicant’s term as a school board director did not provide applicant with sufficient experience in educational supervision and administration to run a real estate school was not arbitrary and capricious. Black v. Barnes, 776 F. Supp. 1000 (3rd Cir. 1991).

Cross References

   This section cited in 49 Pa. Code §  35.341 (relating to approval of real estate education provider); and 49 Pa. Code §  35.351a (relating to assistant school director).

§ 35.343. Renewal of real estate education provider approval.

 An approved real estate education provider shall renew its approval annually. To obtain renewal of approval, a real estate education provider shall submit a completed renewal of approval application to the Commission with:

   (1)  A notarized certification of compliance with this chapter signed by the director.

   (2)  A copy of the $10,000 surety bond showing coverage for the upcoming renewal period.

   (3)  The fee for renewal of approval prescribed in §  35.203 (relating to fees).

Authority

   The provisions of this §  35.343 issued under the Real Estate Licensing and Registration Act (63 P. S. § §  455.101—455.902).

Source

   The provisions of this §  35.343 adopted February 24, 1989, effective February 25, 1989, 19 Pa.B. 781; amended June 10, 1994, effective June 11, 1994, 24 Pa.B. 2904; amended December 10, 2004, effective December 11, 2004, 34 Pa.B. 6530. Immediately preceding text appears at serial pages (263899) to (263900).

§ 35.344. Withdrawal of real estate education provider or director approval.

 (a)  The Commission may, following notice and hearing under 2 Pa.C.S. § §  501—508 (relating to practice and procedure of Commonwealth agencies), withdraw the approval of a real estate education provider that it finds guilty of:

   (1)  Having acquired the Commission’s approval by misrepresentation.

   (2)  Failing to maintain compliance with §  35.341 (relating to approval of real estate education provider).

   (3)  Violating a requirement of § §  35.351—35.363 (relating to administration of real estate education providers).

 (b)  The Commission may, following notice and hearing under 2 Pa.C.S. § §  501—508, withdraw the approval of a director that it finds guilty of:

   (1)  Any conduct in connection with the administration of a real estate education provider which demonstrates bad faith, dishonesty, untrustworthiness or incompetency.

   (2)  Failing to comply with §  35.341 (relating to approval of real estate education provider).

   (3)  Having had a real estate license revoked or suspended by the Commission or by a real estate licensing authority of another jurisdicition.

   (4)  Having been convicted of, or having pled guilty or nolo contendere to a felony.

   (5)  Having been convicted of, or having pled guilty or nolo contendere to a misdemeanor related to the practice of real estate, forgery, embezzlement, obtaining money under false pretenses, bribery, larceny, extortion, conspiracy to defraud, or any similar offense.

Authority

   The provisions of this §  35.344 issued under the Real Estate Licensing and Registration Act (63 P. S. § §  455.101—455.902).

Source

   The provisions of this §  35.344 adopted February 24, 1989, effective February 25, 1989, 19 Pa.B. 781; amended December 10, 2004, effective December 11, 2004, 34 Pa.B. 6530. Immediately preceding text appears at serial page (263900).

ADMINISTRATION OF REAL ESTATE EDUCATION PROVIDERS


§ 35.351. Duty of director.

 The director for a real estate education provider is responsible for day-to-day administration, including evaluation of instructor performance, evaluation of curriculum and specific course content, analysis of course examinations, management of records and facilities and otherwise assuring compliance with § §  35.352—35.363.

Authority

   The provisions of this §  35.351 issued under the Real Estate Licensing and Registration Act (63 P. S. § §  455.101—455.902).

Source

   The provisions of this §  35.351 adopted February 24, 1989, effective February 25, 1989, 19 Pa.B. 781; amended December 10, 2004, effective December 11, 2004, 34 Pa.B. 6530. Immediately preceding text appears at serial pages (263900) and (201887).

Cross References

   This section cited in 49 Pa. Code §  35.344 (relating to withdrawal of real estate education provider or director approval); and 49 Pa. Code §  35.362 (relating to inspection of school).

§ 35.351a. [Reserved].


Source

   The provisions of this §  35.351a adopted June 10, 1994, effective June 11, 1994, 24 Pa.B. 2904; reserved December 10, 2004, effective December 11, 2004, 34 Pa.B. 6530. Immediately preceding text appears at serial page (201887).

§ 35.352. Location and facilities.

 (a)  A real estate education provider shall have a main location that contains its administrative offices, its records, and a telephone with a listed number for the real estate education provider’s exclusive use.

 (b)  The location where classes are taught must:

   (1)  Be suitable for classroom space.

   (2)  Not share office space, instruction space or a common space with a real estate franchise, network or organization. This paragraph does not apply to a real estate trade association or to a contractual arrangement between a real estate licensee and a real estate education provider to provide continuing education courses.

   (3)  Be in conformance with applicable building, fire safety and sanitary requirements imposed by State, county and municipal governments.

Authority

   The provisions of this §  35.352 issued under the Real Estate Licensing and Registration Act (63 P. S. § §  455.101—455.902).

Source

   The provisions of this §  35.352 adopted February 24, 1989, effective February 25, 1989, 19 Pa.B. 781; amended June 10, 1994, effective June 11, 1994, 24 Pa.B. 2904; amended December 10, 2004, effective December 11, 2004, 34 Pa.B. 6530. Immediately preceding text appears at serial pages (201887) to (201888).

Cross References

   This section cited in 49 Pa. Code §  35.344 (relating to withdrawal of real estate education provider or director); 49 Pa. Code §  35.351 (relating to duty of director); 49 Pa. Code §  35.362 (relating to inspection of school); and 49 Pa. Code §  35.385 (relating to continuing education providers).

§ 35.353. Selection of instructors.

 (a)  Qualified instructors. A real estate education provider shall employ instructors who are qualified to teach the courses for which the instructors have been hired. The real estate education provider may consider an individual qualified to teach a course if the individual satisfies one of the following criteria:

   (1)  Possesses an undergraduate, graduate or postgraduate degree in the subject matter of the course to be taught.

   (2)  Has 3 years of practical or teaching experience in a profession, trade or occupation directly related to the subject matter of the course to be taught.

 (b)  Proof of qualifications. A real estate education provider shall maintain documentation substantiating the instructor’s education and experience.

Authority

   The provisions of this §  35.353 issued under the Real Estate Licensing and Registration Act (63 P. S. § §  455.101—455.902).

Source

   The provisions of this §  35.353 adopted February 24, 1989, effective February 25, 1989, 19 Pa.B. 781; amended June 10, 1994, effective June 11, 1994, 24 Pa.B. 2904; amended December 10, 2004, effective December 11, 2004, 34 Pa.B. 6530. Immediately preceding text appears at serial pages (201888) to (201890).

Cross References

   This section cited in 49 Pa. Code §  35.344 (relating to withdrawal of real estate education provider or director approval); 49 Pa. Code §  35.351 (relating to duty of director); 49 Pa. Code §  35.351a (relating to assistant school director); 49 Pa. Code §  35.360 (relating to records); 49 Pa. Code §  35.362 (relating to inspection of school); and 49 Pa. Code §  35.385 (relating to continuing education providers).

§ 35.354. Prohibited forms of advertising and solicitation.

 (a)  A real estate education provider may not:

   (1)  Hold itself out under a name other than the name approved for it by the Commission under §  35.341 (relating to approval of real estate education provider).

   (2)  Hold itself out as being recommended or endorsed by the Commission, the Department of Education or other agency of the Commonwealth, except that the real estate education provider may advertise that it has been approved by the Commission to provide instruction in real estate courses and that credits earned in certain named courses will be accepted by the Commission toward fulfillment of the professional education prerequisite for taking the Pennsylvania real estate licensing examinations.

   (3)  Hold itself out to be an educational institution that conforms to the standards and requirements prescribed for accredited colleges as defined in §  35.201 (relating to definitions) unless the real estate education provider meets those standards and requirements.

   (4)  Make a guarantee of employment, conditional or unconditional, to a student or prospective student.

   (5)  Guarantee that successful completion of its curriculum will result in the student’s passing a real estate licensing examination.

   (6)  Promote the business of a real estate licensee or a real estate organization, franchise or network.

   (7)  Recruit students for employment or affiliation with a real estate licensee or a real estate organization, franchise or network.

   (8)  Solicit students for membership in a real estate organization, franchise or network.

   (9)  Permit an instructor or guest lecturer while on the real estate education provider’s premises to wear any identification relating to the name of the real estate licensee or a real estate organization, franchise or network.

   (10)  Solicit enrollments by means of advertisements in the employment columns of newspapers and other publications.

   (11)  Engage in advertising that is false, misleading, deceptive or degrading to the dignity of the real estate profession.

 (b)  A real estate education provider may not allow its main or satellite locations to be used by others for the solicitation or recruitment of students for employment or affiliation with a real estate licensee or a real estate organization, franchise or network. Students shall be informed of this prohibition through a written statement which shall contain the following:

   

  ‘‘No recruiting for employment opportunities for any real estate brokerage firm is allowed in this class. Any recruiting should be promptly reported to the State Real Estate Commission by calling this number: 1-800-822-2113.’’

Authority

   The provisions of this §  35.354 issued under the Real Estate Licensing and Registration Act (63 P. S. § §  455.101—455.902); amended under section 404.1 of the Real Estate Licensing and Registration Act (63 P. S. §  455.404a).

Source

   The provisions of this §  35.354 adopted February 24, 1989, effective February 25, 1989, 19 Pa.B. 781; amended June 10, 1994, effective June 11, 1994, 24 Pa.B. 2904; amended December 10, 2004, effective December 11, 2004, 34 Pa.B. 6530; amended December 21, 2012, effective December 22, 2012, 42 Pa.B. 7647. Immediately preceding text appears at serial pages (308352) to (308353).

Cross References

   This section cited in 49 Pa. Code §  35.344 (relating to withdrawal of real estate education provider or director approval); 49 Pa. Code §  35.351 (relating to duty of director); and 49 Pa. Code §  35.362 (relating to inspection of school).

§ 35.355. Prospectus materials.

 (a)  A real estate education provider shall provide copies of catalogs, bulletins, pamphlets and other prospectus materials to the Commission upon request. Prospectus materials shall state the following in clear and unambiguous terms:

   (1)  Admission requirements.

   (2)  Curriculum, including a specification of courses that meet the Commission’s requirements for prelicensure education or continuing education.

   (3)  Tuition and other fees, and the refund policy in the event of cancellation.

   (4)  Completion requirements.

 (b)  Prospectus materials for courses shall be directed towards the general licensee population without regard to the licensees’ affiliation with a particular educational institution or a particular real estate organization, franchise or network.

Authority

   The provisions of this §  35.355 issued under the Real Estate Licensing and Registration Act (63 P. S. § §  455.101—455.902).

Source

   The provisions of this §  35.355 adopted February 24, 1989, effective February 25, 1989, 19 Pa.B. 781; amended June 10, 1994, effective June 11, 1994, 24 Pa.B. 2904; amended December 10, 2004, effective December 11, 2004, 34 Pa.B. 6530. Immediately preceding text appears at serial page (201891).

Cross References

   This section cited in 49 Pa. Code §  35.344 (relating to withdrawal of real estate education provider or director approval); 49 Pa. Code §  35.351 (relating to duty of director); and 49 Pa. Code §  35.362 (relating to inspection of school).

§ 35.356. Tuition and other fees.

 A real estate education provider shall charge tuition that bears a reasonable relationship to the quality and quantity of instructional services rendered. If additional fees are charged for books, supplies and other materials needed for coursework, the real estate education provider shall itemize the fees and the books, supplies and materials, upon payment therefor, shall become the property of the student.

Authority

   The provisions of this §  35.356 issued under the Real Estate Licensing and Registration Act (63 P. S. § §  455.101—455.902).

Source

   The provisions of this §  35.356 adopted February 24, 1989, effective February 25, 1989, 19 Pa.B. 781; amended December 10, 2004, effective December 11, 2004, 34 Pa.B. 6530. Immediately preceding text appears at serial page (201892).

Cross References

   This section cited in 49 Pa. Code §  35.344 (relating to withdrawal of real estate education provider or director approval); 49 Pa. Code §  35.351 (relating to duty of director); and 49 Pa. Code §  35.362 (relating to inspection of school).

§ 35.357. Student enrollment agreements.

 A real estate education provider shall require each of its students to enter into a student enrollment agreement. The agreement must:

   (1)  Itemize the tuition and other fees and the services and materials to be received from them.

   (2)  State the real estate education provider’s policy regarding the refund of tuition and fees if the student were to withdraw or be dismissed or if the school were to terminate operations before the end of the academic year.

   (3)  Contain the Bureau’s toll-free telephone number, (800) 822-2113, that the student may call to obtain information about filing a complaint against the real estate education provider.

Authority

   The provisions of this §  35.357 issued under the Real Estate Licensing and Registration Act (63 P. S. § §  455.101—455.902).

Source

   The provisions of this §  35.357 adopted February 24, 1989, effective February 25, 1989, 19 Pa.B. 781; amended June 10, 1994, effective June 11, 1994, 24 Pa.B. 2904; amended December 10, 2004, effective December 11, 2004, 34 Pa.B. 6530. Immediately preceding text appears at serial pages (201892) to (201894).

Cross References

   This section cited in 49 Pa. Code §  35.344 (relating to withdrawal of real estate education or director approval); 49 Pa. Code §  35.351 (relating to duty of director); and 49 Pa. Code §  35.362 (relating to inspection of school).

§ 35.358. Administration of curriculum.

 (a)  Real estate education providers shall observe the following standards in the administration of prelicensure and continuing education curriculum:

   (1)  Instructor-led learning may not exceed 7 1/2 clock hours of instruction per day. For purposes of this section, a clock hour is defined as a 60-minute period comprising 50 minutes of instruction and a 10-minute break. A student may not be required to attend class for more than 90 consecutive minutes without a break.

   (2)  The substantive content of the course, as evidenced by the course outline, text and other instructional materials, shall adequately reflect the stated purpose of the course, as evidenced by the course title and course description. Instruction in a Commission required course shall conform to the content or the outline developed by the Commission for the course.

   (3)  Unless the course is taught by means of distance education, a student shall be physically present during at least 80% of the classroom instruction for a prelicensure course and during at least 90% of the classroom instruction for a continuing education course, to receive credit. The real estate education provider shall be responsible for verifying student attendance.

   (4)  Courses delivered by distance education, in addition to meeting the content requirements in §  35.384 (relating to qualifying courses), must have the delivery method approved by the Association of Real Estate License Law Officials or another certifying body with similar approval standards approved by the Commission.

 (b)  In addition to the requirements in subsection (a), a real estate education provider shall observe the following standards in the administration of its prelicensure curriculum:

   (1)  A prelicensure course must be assigned one credit for every 15 clock hours of instruction.

   (2)  A prelicensure course must be graded by proctored examination, except when a student’s handicap or disability would make grading by examination impractical.

Authority

   The provisions of this §  35.358 issued under the Real Estate Licensing and Registration Act (63 P. S. § §  455.101—455.902).

Source

   The provisions of this §  35.358 adopted February 24, 1989, effective February 25, 1989, 19 Pa.B. 781; amended June 10, 1994, effective June 11, 1994, 24 Pa.B. 2904; amended December 10, 2004, effective December 11, 2004, 34 Pa.B. 6530. Immediately preceding text appears at serial pages (201894) to (201895).

Cross References

   This section cited in 49 Pa. Code §  35.344 (relating to withdrawal of real estate education provider or director approval); 49 Pa. Code §  35.351 (relating to duty of director); 49 Pa. Code §  35.362 (relating to inspection of school); and 49 Pa. Code §  35.385 (relating to continuing education providers).

§ 35.359. Course documentation.

 (a)  Prelicensure. Within 30 days after a course has been taught, a real estate education provider shall provide each student in the course with an official course transcript that contains the information in §  35.360(a)(5) (relating to records) and is signed by the director.

 (b)  Continuing education. Within 30 days after a continuing education course has ended, the continuing education provider shall provide each licensee who satisfactorily completed/taught the course transcripts/certificates of instruction that contain the information in §  35.360(a)(5)(i)—(ix) signed by the provider or the director. The transcript/certificate of instruction must be in a format that cannot be altered.

   (1)  Licensees shall retain the transcripts/certificates of instruction for 2 years following the biennial renewal period during which the courses were taken to renew the license.

   (2)  Licensees shall provide a copy of the transcripts/certificates of instruction to the Commission verifying completion of the continuing education requirement upon request.

Authority

   The provisions of this §  35.359 issued under the Real Estate Licensing and Registration Act (63 P. S. § §  455.101—455.902); amended under section 404.1 of the Real Estate Licensing and Registration Act (63 P. S. §  455.404a).

Source

   The provisions of this §  35.359 adopted February 24, 1989, effective February 25, 1989, 19 Pa.B. 781; amended December 10, 2004, effective December 11, 2004, 34 Pa.B. 6530; amended December 21, 2012, effective December 22, 2012, 42 Pa.B. 7647. Immediately preceding text appears at serial page (308356).

Cross References

   This section cited in 49 Pa. Code §  35.344 (relating to withdrawal of real estate education provider or director approval); 49 Pa. Code §  35.351 (relating to duty of director); 49 Pa. Code §  35.362 (relating to inspection of school); and 49 Pa. Code §  35.385 (relating to continuing education providers).

§ 35.360. Records.

 (a)  A real estate education provider shall maintain complete and accurate records in the following areas:

   (1)  Financial. The real estate education provider’s assets and liabilities and the sources and amounts of its income.

   (2)  Physical plant. For the main location and for each satellite location, the following:

     (i)   Copies of documentation showing compliance with applicable building, fire safety and sanitary requirements imposed by state, county or municipal governments.

     (ii)   A copy of the lease or rental agreement, if the real estate education provider does not own the building being used.

   (3)  Personnel. The qualifications of each instructor and the documentary evidence of those qualifications. See §  35.353 (relating to selection of instructors).

   (4)  Curriculum. For each course the real estate education provider has offered, the following:

     (i)   The course title.

     (ii)   The course prerequisites.

     (iii)   The course objectives.

     (iv)   The course outline.

     (v)   The requirements for successful completion of the course.

     (vi)   Copies of texts and other instructional materials used in teaching the course.

     (vii)   The supplies required of students for the course.

     (viii)   The course schedule.

     (ix)   Copies of published descriptions of the course.

     (x)   The course instructor.

   (5)  Scholastic. An academic transcript for each student which must contain the following:

     (i)   The real estate education provider’s name and Commission approval number.

     (ii)   The location at which the course was taught.

     (iii)   The name of the student.

     (iv)   The course title.

     (v)   The date that the student completed the course.

     (vi)   The number of hours of the course.

     (vii)   The student’s final grade in the course, if an examination is required for the course.

     (viii)   The date that the transcript was issued.

     (ix)   The fact that the course will be accepted by the Commission towards fulfillment of the education requirement for either the real estate broker’s examination or real estate salesperson’s examination, as the care may be.

   (6)  Attendance.

 (b)  A real estate education provider shall store its records at its main location. Upon termination of operations, a real estate education provider shall transfer its records to the designated custodian of records. The real estate education provider shall notify the Commission whenever it changes the custodian of records.

 (c)  A real estate education provider shall produce its records for examination by the Commission or its representatives upon written request or pursuant to an inspection under §  35.362 (relating to inspection of real estate education providers).

 (d)  A real estate education provider shall make copies of a student’s scholastic and attendance records available to the student upon request.

 (e)  A real estate education provider must retain attendance and scholastic records as follows:

   (1)  Continuing education records must be maintained for 4 years.

   (2)  All other records must be retained for 10 years.

Authority

   The provisions of this §  35.360 issued under the Real Estate Licensing and Registration Act (63 P. S. § §  455.101—455.902).

Source

   The provisions of this §  35.360 adopted February 24, 1989, effective February 25, 1989, 19 Pa.B. 781; amended June 10, 1994, effective June 11, 1994, 24 Pa.B. 2904; amended December 10, 2004, effective December 11, 2004, 34 Pa.B. 6530. Immediately preceding text appears at serial pages (201895) to (201897).

Cross References

   This section cited in 49 Pa. Code §  35.344 (relating to withdrawal of real estate education provider or director approval); 49 Pa. Code §  35.351 (relating to duty of director); 49 Pa. Code §  35.359 (relating to course documentation); and 49 Pa. Code §  35.362 (relating to inspection of school).

§ 35.361. Display of documents and approved name.

 (a)  A real estate education provider’s certificate of approval shall be displayed prominently at the real estate education provider’s main location.

 (b)  A real estate education provider’s approved name must be displayed prominently at each location where courses are taught.

 (c)  An alphabetical list of the real estate education provider’s satellite locations shall be displayed prominently at the real estate education provider’s main location.

Authority

   The provisions of this §  35.361 issued under the Real Estate Licensing and Registration Act (63 P. S. § §  455.101—455.902).

Source

   The provisions of this §  35.361 adopted February 24, 1989, effective February 25, 1989, 19 Pa.B. 781; amended June 10, 1994, effective June 11, 1994, 24 Pa.B. 2904; amended December 10, 2004, effective December 11, 2004, 34 Pa.B. 6530. Immediately preceding text appears at serial pages (201897) to (201898).

Cross References

   This section cited in 49 Pa. Code §  35.344 (relating to withdrawal of real estate education provider or director approval); 49 Pa. Code §  35.351 (relating to duty of director); 49 Pa. Code §  35.362 (relating to inspection of school); and 49 Pa. Code §  43b.8 (relating to schedule of civil penalties—real estate and cemetery brokers, real estate schools).

§ 35.362. Inspection of real estate education providers.

 (a)  Routine inspections. No more than four times a year while classes are in session, the Commission or those authorized representatives may conduct a routine inspection of the main location or satellite location of a real estate education provider for the purpose of determining whether the real estate education provider is in compliance with § §  35.351—35.363 (relating to administration of real estate education providers).

 (b)  Special inspections. In addition to the routine inspections authorized by subsection (a), the Commission or its authorized representatives may conduct a special inspection of a real estate education provider’s main location or satellite location:

   (1)  Upon a complaint or reasonable belief that the real estate education provider is not in compliance with § §  35.351—35.363.

   (2)  As a follow-up to a previous inspection that revealed the real estate education provider’s noncompliance with § §  35.351—35.363.

 (c)  Scope of inspection. Prior to the start of a routine or special inspection, the Commission or its authorized representatives will advise the real estate education provider, director or other person in charge at the time of the inspection that the inspection is being made under this section and is limited in scope by this section.

 (d)  During the course of a routine or special inspection or investigation, the Commission or its authorized representatives will be permitted to:

   (1)  Examine real estate education provider records.

   (2)  Inspect all areas of the real estate education provider’s premises.

   (3)  Monitor the performance of instructors in classrooms.

   (4)  Interview the real estate education provider, director and other administrative personnel, instructors and students.

Authority

   The provisions of this §  35.362 issued under the Real Estate Licensing and Registration Act (63 P. S. § §  455.101—455.902).

Source

   The provisions of this §  35.362 adopted February 24, 1989, effective February 25, 1989, 19 Pa.B. 781; amended December 10, 2004, effective December 11, 2004, 34 Pa.B.6530. Immediately preceding text appears at serial page (201898).

Cross References

   This section cited in 49 Pa. Code §  35.344 (relating to withdrawal of real estate provider or director approval); 49 Pa. Code §  35.351 (relating to duty of director); and 49 Pa. Code §  35.360 (relating to records).

§ 35.363. Termination of operations.

 A real estate education provider that desires to terminate operations shall submit to the Commission, within 60 days of the planned termination, a termination plan that includes the following:

   (1)  The date of termination.

   (2)  The date that real estate education provider records will be transferred to the designated records custodian.

   (3)  The procedure for refunding tuition and allocating credits to currently enrolled students.

Authority

   The provisions of this §  35.363 issued under the Real Estate Licensing and Registration Act (63 P. S. § §  455.101—455.902).

Source

   The provisions of this §  35.363 adopted February 24, 1989, effective February 25, 1989, 19 Pa.B. 781; amended June 10, 1994, effective June 11, 1994, 24 Pa.B. 2904; amended December 10, 2004, effective December 11, 2004, 34 Pa.B. 6530. Immediately preceding text appears at serial page (201899).

Cross References

   This section cited in 49 Pa. Code §  35.344 (relating to withdrawal of school or director approval); 49 Pa. Code §  35.351 (relating to duty of director); and 49 Pa. Code §  35.362 (relating to inspection of school).



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