Section .0100 – Schools

Link to law: http://reports.oah.state.nc.us/ncac/title 21 - occupational licensing boards and commissions/chapter 58 - real estate commission/subchapter c/subchapter c rules.html
Published: 2015

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SUBCHAPTER 58C ‑ REAL ESTATE PRELICENSING EDUCATION

 

This Section .0100 of Title 21 Subchapter 58C of the North

Carolina Administrative Code (T21.58C .0101 ‑ .0107); SCHOOLS; has been

transferred and recodified from Section .1000 of Title 21 Subchapter 58A of the

North Carolina Administrative Code (T21.58A .1001 ‑ .1007), effective

November 27, 1989.

 

SECTION .0100 – SCHOOLS

 

21 NCAC 58C .0101          APPLICABILITY: REQUIREMENT FOR

APPROVAL

This Section applies to all schools, except private real

estate schools, offering real estate prelicensing courses prescribed by G.S.

93A-4(a) or postlicensing courses prescribed by G.S. 93A-4(a1).  In order for

courses conducted by a school to be recognized as real estate prelicensing or

postlicensing courses by the Commission, the school must obtain approval by the

Commission prior to the commencement of any such courses.

 

History Note:        Authority G.S. 93A-4;

Eff. February 1, 1976;

Readopted Eff. September 30, 1977;

Amended Eff. April 1, 2006; July 1, 1994; May 1, 1990;

February 1, 1989; September 1, 1984.

21 NCAC 58c .0102          application for

approval

Schools seeking approval to conduct real estate prelicensing

or postlicensing courses must make written application to the Commission upon a

form provided by the Commission.

 

History Note:        Authority G.S. 93A-4;

Eff. February 1, 1976;

Readopted Eff. September 30, 1977;

Amended Eff. July 1, 2010; April 1, 2006; July 1, 1994;

May 1, 1990; February 1, 1989; September 1, 1984.

 

21 NCAC 58C .0103          CRITERIA FOR APPROVAL

(a)  After due investigation and consideration, approval

shall be granted to a school when it is shown to the satisfaction of the

Commission that:

(1)           The school has submitted a complete and

accurate application for approval;

(2)           The school is a North Carolina

post-secondary educational institution licensed or approved by the State Board

of Community Colleges or the Board of Governors of the University of North

Carolina or a North Carolina private business or trade school licensed under

G.S. 115D-90;

(3)           The courses to be conducted comply with the

standards described in Section .0300 of this Subchapter; and

(4)           The school has designated one

professional-level employee to serve as the director of all the school's real estate

prelicensing and postlicensing course offerings and, in that capacity, be

responsible for liaison with the Commission and for assuring compliance with

all Commission rules relating to the conduct of such courses regardless of

where the courses are offered.

(b)  A North Carolina college or university which grants a

baccalaureate or higher degree with a major or minor in the field of real

estate, real estate brokerage, real estate law, real estate finance, real

estate development, or other similar fields shall request that appropriate real

estate and related courses in its curriculum be approved by the Commission as

equivalent to the real estate prelicensing education program prescribed by G.S.

93A-4(a).  The Commission shall grant such approval and shall exempt such

school from compliance with the course standards set forth in Section .0300 of

this Subchapter.

 

History Note:        Authority G.S. 93A-4;

Eff. February 1, 1976;

Readopted Eff. September 30, 1977;

Amended Eff. July 1, 2010; April 1, 2006; July 1, 1994;

May 1, 1990; February 1, 1989; November 1, 1987.

 

21 NCAC 58C .0104          SCOPE, DURATION AND RENEWAL OF

APPROVAL

(a)  Approval extends only to the courses and location

reported in the application for school approval.

(b)  Commission approval of schools shall terminate on

December 31 in the next odd-numbered year following the effective date of

approval.

(c)  Schools must renew their approval to conduct real

estate prelicensing and postlicensing courses by satisfying the criteria for

original approval described in Rule .0103 of this Section.  In order to assure

continuous approval, renewal applications shall be filed with the Commission

biennially on or before November 15 in the year that approval terminates.

 

History Note:        Authority G.S. 93A-4;

Eff. February 1, 1976;

Readopted Eff. September 30, 1977;

Amended Eff. April 1, 2006; July 1, 1996; July 1, 1994;

May 1, 1990; February 1, 1989; September 1, 1984.

 

21 NCAC 58C .0105          WITHDRAWAL OR DENIAL OF APPROVAL

The Commission may deny or withdraw any approval granted to a

school upon finding that such school has:

(1)           refused or failed to comply with any of the

provisions of Sections .0100 or .0300 of this Subchapter;

(2)           obtained or used, or attempted to obtain or use, in

any manner or form, North Carolina real estate licensing examination questions;



(3)           compiled a licensing examination performance record

for first-time examination candidates which is below 70 percent passing for two

or more of the previous five annual reporting periods; or

(4)           failed to provide to the Commission a within 30

days of a written request from the Commission a written plan describing the

changes the school intends to make in its instructional program including

instructors, course materials, methods of student evaluation, and completion

standards to improve the performance of the school's students on the licensing

examination in the future following attainment by the school of a licensing

performance record for first-time examination candidates which was below 70

percent passing for the previous annual reporting period.

 

History Note:        Authority G.S. 93A‑4; 93A-6;

Eff. September 1, 1979;

Amended Eff. July 1, 2009; April 1, 2006; July 1, 2000;

July 1, 1994; May 1, 1990; February 1, 1989; November 1, 1987.

 

21 NCAC 58C .0106          PROGRAM CHANGES

 

History Note:        Authority G.S. 93A‑4(a),(d);

Eff. January 1, 1981;

Amended Eff. July 1, 2000; February 1, 1989; November 1,

1987;

Repealed Eff. September 1, 2002.

 

21 NCAC 58C .0107          USE OF EXAMINATION PERFORMANCE DATA

An approved school utilizing licensing examination

performance data for advertising or promotional purposes must assure that the

data is accurate and that the data:

(1)           is limited to the annual examination performance

data for the particular school and for all examination candidates in the state;

(2)           includes the time period covered, the number of

first-time candidates examined, and either the number or percentage of

first-time candidates passing the examination; and

(3)           is presented in a manner that is not misleading.

 

History Note:        Authority G.S. 93A‑4(a),(d);

Eff. September 1, 1984;

Amended Eff. July 1, 2000; July 1, 1994; May 1, 1990.

 

21 NCAC 58C .0108          STUDENT EVALUATIONS OF INSTRUCTOR

PERFORMANCE

Schools shall obtain and submit, at the request of the

Commission, student evaluations of a course and instructor.  The evaluations

shall be completed by students on a form prescribed by the Commission and

submitted by the school administrator within 15 days after completion of the

course.

 

History Note:        Authority G.S. 93A-4(a),(d);

Eff. July 1, 2000.

 

SECTION .0200 ‑ PRIVATE REAL ESTATE SCHOOLS

 

 

21 NCAC 58C .0201          APPLICABILITY

This Section applies to all private real estate schools, as

defined in G.S. 93A‑32.

 

History Note:        Authority G.S. 93A‑4(a),(d); 93A‑33;

Eff. October 1, 1980;

Amended Eff. February 1, 1989; December 1, 1987;

Transferred and Recodified from 21 NCAC 58A .1301 Eff.

November 27, 1989.

 

 

 

21 NCAC 58C .0202          ORIGINAL APPLICATION FEE

The original license application fee shall be two hundred

dollars ($200.00) for each proposed school location and forty dollars ($40.00)

for each real estate prelicensing or postlicensing course for which the applicant

requests approval.  The fee shall be paid by certified check, bank check or

money order payable to the North Carolina Real Estate Commission and is

nonrefundable.  The school may offer approved courses at any licensed school

location as frequently as is desired during the licensing period without paying

additional course fees.  Requests for approval of additional courses which are

submitted subsequent to filling an original license application shall be

accompanied by the appropriate fee of forty dollars ($40.00) per course.

 

History Note:        Authority G.S. 93A‑33; 93A‑34(b);

Eff. July 1, 1990;

Amended Eff. April 1, 2006; July 1, 1994.

 

21 NCAC 58C .0203          SCHOOL NAME

The official name of any licensed private real estate school

must contain the words "real estate" and other descriptive words

which identify the school as a real estate school and which distinguish the

school from other licensed private real estate schools and from continuing

education course sponsors approved by the Commission.  If the official school

name includes the name of a person or business entity that is not an owner of

the school, then the school owner must have the express permission of such person

or business.   The official school name shall not include words or terms such

as "online," ".com," ".org," ".net," "computer-based,"

"correspondence" or similar words or terms that might imply to

prospective students that the real estate prelicensing and postlicensing

courses are available through the school utilizing an instructional delivery

method not permitted by the Commission.  The school name must be used in all

school publications and advertising.

 

History Note:        Authority G.S. 93A‑4; 93A‑33;

Eff. October 1, 1980;

Amended Eff. September 1, 1984;

Transferred and Recodified from 21 NCAC 58A .1303 Eff.

November 27, 1989;

Amended Eff. July 1, 2009; April 1, 2006; July 1, 1994;

July 1, 1990.

 

21 NCAC 58C .0204          COURSES

Schools shall comply with the provisions of Section .0300 of

this Subchapter regarding prelicensing and postlicensing courses.

 

History Note:        Authority G.S. 93A‑4; 93A‑33;

Eff. October 1, 1980;

Amended Eff. February 1, 1989; September 1, 1984;

Transferred and Recodified from 21 NCAC 58A .1304 Eff.

November 27, 1989;

Amended Eff. April 1, 2006; July 1, 1994; July 1, 1990.

 

21 NCAC 58C .0205          ADDITIONAL COURSE OFFERINGS

Schools may also offer courses in addition to those

described in Section .0300 of this Subchapter or Sections .0100 and .0300 of

Subchapter 58E provided that references to such courses are not made or published

in a manner which implies that such courses are sanctioned by the Commission. 

However, if licensure as a private business or trade school under G.S. 115D‑90

is required in order for the school to offer such additional courses that are

not approved by the Commission, then the school must obtain such license prior

to offering such additional courses.

 

History Note:        Authority G.S. 93A‑4(a),(d); 93A‑33;

Eff. October 1, 1980;

Amended Eff. February 1, 1989; November 1, 1987;

Transferred and Recodified from 21 NCAC 58A .1305 Eff.

November 27, 1989;

Amended Eff. July 1, 2005; July 1, 1990.

 

21 NCAC 58C .0206          ADMINISTRATION

(a)  One person must be designated as the director of the

school.  The school director shall personally provide direct and active supervision

of all school operations related to the conduct of real estate prelicensing and

postlicensing courses and shall assure compliance with all statutory and rule

requirements governing the licensing and operation of the school.  The director

shall act as the school's contact person for communication with the Commission.

(b)  The school director must be possessed of good character

and reputation and must satisfy one of the following qualification standards:

(1)           hold a baccalaureate or higher degree in

the field of education; or

(2)           have at least two years full-time

experience within the past 10 years as an instructor or school administrator;

or

(3)           possess qualifications which are found by

the Commission to be substantially equivalent to those described in

Subparagraph (1) or (2) of this Paragraph.

 

History Note:        Authority G.S. 93A-4; 93A-33; 93A-34;

Eff. October 1, 1980;

Amended Eff. April 1, 1987;

Transferred and Recodified from 21 NCAC 58A .1306 Eff.

November 27, 1989;

Amended Eff. July 1, 2010; January 1, 2008; April 1,

2006.

 

21 NCAC 58C .0207          FACILITIES AND EQUIPMENT

(a)  All school facilities and equipment shall be in

compliance with all applicable local, state and federal laws and regulations

regarding health, safety and welfare, including the Americans with Disabilities

Act and other laws relating to accessibility standards for places of public

accommodation.  Schools shall furnish the Commission with inspection reports

from appropriate local building, health and fire inspectors upon request of the

Commission.

(b)  Classrooms shall be of sufficient size to accommodate

comfortably all students enrolled in a course, shall have sufficient light,

heat, cooling and ventilation to provide a comfortable environment and shall be

free of distractions which would disrupt class sessions.

(c)  Classrooms shall contain student desks or worktables

sufficient to accommodate all students enrolled in a course and shall have the

capability for instructors to make electronic visual presentations.

(d)  Classroom facilities must be in a fixed building.  No

bus, van, tractor-trailer or other motor vehicle shall be used as a classroom

facility.

 

History Note:        Authority G.S. 93A-4(a),(d); 93A-33;

Eff. October 1, 1980;

Amended Eff. February 1, 1989; November 1, 1987;

September 1, 1984;

Transferred and Recodified from 21 NCAC 58A .1307 Eff.

November 27, 1989;

Amended Eff. January 1, 2012; July 1, 2005; July 1, 2001;

July 1, 2000; July 1, 1993.

 

21 NCAC 58C .0208          BULLETINS

(a)  A school shall publish a single bulletin addressing

prelicensing and postlicensing courses offered and this bulletin shall be used

at all licensed locations where the school operates.  A school may provide in

its bulletin information about real estate continuing education courses for

which the school is approved by the Commission as a sponsor, but any such

information shall comply with the standards described in Paragraph (c) of this

Rule.  A school may provide in its bulletin information about courses that are

not approved by the Commission only if the bulletin states that such courses

are not approved or sanctioned by the Commission.  A school may not include in

its bulletin any promotional information for a particular real estate broker,

firm, franchise or association, even if the entity being promoted owns the

school.

(b)  In addition to the information required by G.S. 93A‑34(c)(5),

a school's bulletin shall describe the purpose of prelicensing and

postlicensing courses, describe the school's policies and procedures on all

other matters affecting students and include the name and address of the North

Carolina Real Estate Commission along with a statement to the effect that any

complaints concerning the school should be directed to the Commission.

(c)  All information provided in a school bulletin shall be

accurate, complete, clearly stated, internally consistent and logically

organized.  The bulletin shall be typed or printed and shall utilize correct

spelling, grammar and punctuation.

 

History Note:        Authority G.S. 93A‑4(a),(d); 93A‑33;

Eff. October 1, 1980;

Amended Eff. December 1, 1987;

Transferred and Recodified from 21 NCAC 58A .1308 Eff.

November 27, 1989;

Amended Eff. January 1, 2008.

 

21 NCAC 58C .0209          ENROLLMENT procedures and CONTRACTS

(a)  A school shall provide to a prospective student a copy

of the school's bulletin prior to the time that a student becomes committed to

payment of any portion of tuition or registration deposit without the right to

a full refund.

(b)  A school shall execute a written enrollment contract

with each student after the school's bulletin has been provided to the student

but prior to the beginning of the course for which the student is enrolling. 

The student shall be provided a copy of the enrollment contract at the time of

signing.  The enrollment contract shall be a separate document and shall not be

combined with the school's bulletin into a single document.  A school may

utilize the school's copy of the enrollment contract to note a record of

student tuition payments.

(c)  A school's student enrollment contract shall include:

(1)           the student's name;

(2)           the contract date;

(3)           the title of the course(s) for which the

student is enrolling;

(4)           the course schedule (beginning date, end

date and meeting days and times);

(5)           the amount of tuition and other required fees;

(6)           a provision incorporating by reference the

school's policies as described in the school's bulletin;

(7)           a provision whereby the school certifies

that the school's bulletin has been provided to the student and that the

student acknowledges receipt of the bulletin;

(8)           any provisions needed to address special

accommodations or arrangements applicable to a particular student;

(9)           the signatures of both the student and a

school official; and

(10)         the following prescribed text: 

"NOTICE:  Pursuant to North Carolina Real Estate Commission Rule 21 NCAC

58A .1904, the Commission may deny or withdraw credit for a postlicensing

course that a provisional broker begins taking while already enrolled in

another postlicensing course at the same school or a different school if

participating in the two courses concurrently results in the provisional broker

attending postlicensing course sessions that total more than 21 classroom hours

in any given seven-day period."

(d)  Other than the amount of tuition and fees, an

enrollment contract shall not address other school policies that are addressed

in the school's bulletin.

 

History Note:        Authority G.S. 93A-4; 93A-33;

Eff. October 1, 1980;

Transferred and Recodified from 21 NCAC 58A .1309 Eff.

November 27, 1989;

Amended Eff. July 1, 2014; January 1, 2008; April 1,

2006.

 

21 NCAC 58C .0210          ADMISSIONS POLICY AND PRACTICE

Schools shall not discriminate in their admissions policy or

practice against any person on the basis of age, sex, race, color, creed,

national origin or religious preference.  A statement to this effect shall be

included in all school bulletins, catalogues or similar official publications. 

Schools shall not offer postlicensing courses in a manner that results in the

courses being conducted only for licensees affiliated with a particular real

estate broker, firm, franchise or association, even if the entity whose

affiliated licensees would benefit from the closed course is the school owner.

 

History Note:        Authority G.S. 93A‑4(a),(d); 93A‑33;

Eff. October 1, 1980;

Transferred and Recodified from 21 NCAC 58A .1310 Eff.

November 21, 1989;

Amended Eff. January 1, 2008.

 

21 NCAC 58C .0211          RECORDS

In addition to complying with the course records

requirements stated in Rule .0310 of this Subchapter, schools shall retain the

following on file for at least two years:

(1)           student enrollment contracts;

(2)           class schedules;

(3)           advertisements;

(4)           bulletins, catalogues and other official

publications; and

(5)           statements of consent required by Rule .0214(c) of

this Subchapter.

These records shall be made available to the commission upon

request.

 

History Note:        Authority G.S. 93A‑4(a),(d); 93A‑33;

Eff. October 1, 1980;

Amended Eff. February 1, 1989; September 1, 1984;

Transferred and Recodified from 21 NCAC 58A .1311 Eff.

November 27, 1989.

 

 

 

21 NCAC 58C .0212          ENFORCEMENT OF INSTITUTIONAL STANDARDS

Schools shall enforce institutional policies and standards

relating to entrance requirements, grades, attendance and tuition and fees in a

fair and reasonable manner.

 

History Note:        Authority G.S. 93A‑4(a),(d); 93A‑33;

Eff. October 1, 1980;

Transferred and Recodified from 21 NCAC 58A .1312 Eff.

November 27, 1989.

 

 

 

21 ncac 58c .0213          PERFORMANCE BOND

An applicant for a private real estate school license shall

execute, on a form prescribed by the Commission, a bond as required by G.S. 93A‑36,

and shall submit with the license application a copy of said executed bond.  Upon

approval of the bond by the Commission, the applicant shall file the bond with

the clerk of superior court of the county in which the school's administrative

office is located, and shall provide evidence of such filing to the Commission

prior to issuance of a license.

 

History Note:        Authority G.S. 93A‑4(a),(d); 93A‑33;

Eff. October 1, 1980;

Amended Eff. December 1, 1987;

Transferred and Recodified from 21 NCAC 58A .1313 Eff.

November 27, 1989;

Amended Eff. July 1, 2000.

 

21 NCAC 58C .0214          ADVERTISING AND RECRUITMENT ACTIVITIES

(a)  A school advertising or promoting licensing examination

performance data must assure that the data is accurate and that the

data:

(1)           is limited to the annual examination

performance data for the particular school and for all examination candidates

in the state;

(2)           include includes the time period covered,

the number of first-time candidates examined, and either the number or

percentage of first-time candidates passing the examination; and

(3)           is presented in a manner that is not

misleading.

(b)  Schools shall not make or publish, by way of

advertising or otherwise, any false or misleading statement regarding

employment opportunities which may be available as a result of successful

completion of a course offered by that school or acquisition of a real estate

license.

(c)  Schools shall not use endorsements or recommendations

of any person or organization, by way of advertising or otherwise, unless such

person or organization has consented in writing to the use of the endorsement

or recommendation and is not compensated for such use.

 

History Note:        Authority G.S. 93A‑4(a),(d); 93A‑33;

Eff. October 1, 1980;

Amended Eff. February 1, 1989; April 1, 1987; September

1, 1984;

Transferred and Recodified from 21 NCAC 58A .1314 Eff.

November 27, 1989;

Amended Eff. July 1, 2000; July 1, 1994; July 1, 1990.

 

21 NCAC 58C .0215          QUARTERLY REPORTS

 

History Note:        Authority G.S. 93A‑4(a),(d); 93A‑33;

Eff. October 1, 1980;

Amended Eff. September 1, 1984;

Transferred and Recodified from 21 NCAC 58A .1315 Eff.

November 27, 1989;

Repealed Eff. September 1, 2002.

 

21 NCAC 58C .0216          CHANGES DURING THE LICENSING PERIOD

Schools shall obtain advance approval from the Commission

for any changes to be made during the licensing period with respect to

textbooks, facilities, directors, policies and procedures, publications or any

other matter subject to regulation by the Commission.  Schools are limited to

one change in classroom facilities within the same county during any licensing

period.  In the event a school desires to make a second change in classroom

facilities within the same county, or to relocate such facilities to another

county, during any licensing period, it shall be necessary for the owner to

make application for an original license for the new location.

 

History Note:        Authority G.S. 93A‑4; 93A‑33;

Eff. October 1, 1980;

Transferred and Recodified from 21 NCAC 58A .1316 Eff.

November 27, 1989;

Amended Eff. April 1, 2006, September 1, 2002; February

1, 1989; September 1, 1984.

 

21 NCAC 58C .0217          LICENSE RENEWAL AND FEES

(a)  Private real estate school licenses expire on the next

June 30 following the date of issuance.  In order to assure continuous

licensure, applications for license renewal, accompanied by the prescribed renewal

fee shall be filed with the Commission annually on or before June 1. 

Incomplete renewal applications not completed by July 1 shall be treated as

original license applications.

(b)  The license renewal fee shall be one hundred dollars

($100.00) for each previously licensed school location and twenty dollars

($20.00) for each real estate prelicensing or postlicensing course for which

the applicant requests continuing approval.  The fee shall be paid by check

payable to the North Carolina Real Estate Commission and is nonrefundable.  If

the applicant requests approval of additional courses for which approval was

not granted in the previous year, the fee for such additional courses is forty

dollars ($40.00) per course.

 

History Note:        Authority G.S. 93A‑4; 93A‑33;

93A‑34(b); 93A‑35(b);

Eff. October 1, 1980;

Amended Eff. February 1, 1989; December 1, 1987;

Transferred and Recodified from 21 NCAC 58A .1317 Eff.

November 27, 1989;

Amended Eff. April 1, 2006; July 1, 2000; July 1, 1990.

 

21 NCAC 58C .0218          LICENSING EXAM CONFIDENTIALITY: SCHOOL

PERFORM./LICENSING

(a)  Schools shall not obtain or use, or attempt to obtain

or use, in any manner or form, North Carolina real estate licensing examination

questions.

(b)  Schools must maintain a satisfactory performance record

on the real estate licensing examination.  A school performance record for

first-time examination candidates which is below 70 percent passing for two or

more of the five previous annual reporting periods shall be considered

unsatisfactory under this Rule.

(c)  A school shall provide to the Commission within 30 days

of a written request from the Commission a written plan describing the changes

the school intends to make in its instructional program to improve the

performance of the school's students on the licensing examination in the future

following attainment by the school of a licensing examination performance

record for first-time examination candidates which was below 70 percent passing

for the previous annual reporting period.

 

 

History Note:        Authority G.S. 93A‑4(a),(d); 93A‑33;

Eff. October 1, 1980;

Amended Eff. April 1, 1987; September 1, 1984;

Transferred and Recodified from 21 NCAC 58A .1318 Eff.

November 27, 1989;

Amended Eff. July 1, 2009; July 1, 2000; July 1, 1994;

July 1, 1990.

 

21 NCAC 58C .0219          VIOLATIONS OF THE AMERICANS WITH

DISABLITIES ACT

The Commission may suspend, revoke or deny renewal of a

private real estate school license upon finding that any court of competent

jurisdiction has found the licensee, or any school official or instructor in

the employ of the licensee, to be in violation of any applicable federal or

state law or regulation prohibiting discrimination on the basis of disability,

requiring places of public accommodation to be in compliance with prescribed

accessibility standards, or requiring that courses related to licensing or

certification for professional or trade purposes be offered in a place and

manner accessible to persons with disabilities.

 

History Note:        Authority G.S. 93A‑3(c); 93A‑33;

Eff. July 1, 1993.

 

21 NCAC 58C .0220          STUDENT EVALUATIONS OF INSTRUCTOR

PERFORMANCE

Schools shall obtain and submit, at the request of the

Commission, student evaluations of a course and instructor.  The evaluations

shall be completed by students on a form prescribed by the Commission and

submitted by the school administrator within 15 days after completion of the

course.

 

History Note:        Authority G.S. 93A-4(a),(d); 93A-33;

Eff. July 1, 2000.

 

21 NCAC 58C .0221          TRANSFER OF SCHOOL OWNERSHIP

(a)  When ownership of a licensed school is transferred to a

different legal entity, the school license is not transferable and shall

terminate on the effective date of the transfer.

(b)  All courses shall be completed by the effective date of

the ownership transfer.  The transferring owner shall report course completion to

the Commission.

(c)  The entity acquiring ownership shall obtain an original

school license for each location where the school will conduct courses as

required by G.S. 93A-34 and Rule .0202 of this Subchapter prior to advertising

courses, registering students, accepting tuition, conducting courses, or

otherwise engaging in any school operations.

 

History Note:        Authority G.S. 93A-33; 93A-34; 93A-35;

Eff. July 1, 2014.

 

SECTION .0300 ‑ PRELICENSING AND POSTLICENSING COURSES

 

21 NCAC 58C .0301          PURPOSE AND APPLICABILITY

This Section establishes minimum standards for real estate

prelicensing and postlicensing courses prescribed by G.S. 93A-4(a) and G.S.

93A-4(a1).  Except where a school is approved under Rule .0103(b) of this

Subchapter, these course standards must be satisfied in order for a school to

be approved or licensed, as appropriate, to conduct real estate prelicensing or

postlicensing courses.

 

History Note:        Authority G.S. 93A‑4; 93A‑33;

Eff. September 1, 1979;

Amended Eff. February 1, 1989; September 1, 1984;

Transferred and Recodified from 21 NCAC 58A .1101 Eff.

November 27, 1989;

Amended Eff. April 1, 2006; July 1, 1994; May 1, 1990.

 

21 NCAC 58C .0302          PROGRAM STRUCTURING and admission

requirements

(a)  The real estate prelicensing education program shall

consist of a single course consisting of at least 75 classroom hours of

instruction.  Schools may establish course admission standards that require

students to demonstrate to the satisfaction of the school that they possess the

basic reading, writing and mathematics skills necessary to be successful in the

prelicensing course, and these standards may include a requirement to complete

additional instruction prior to enrollment.

(b)  The real estate postlicensing education program shall

consist of three courses, prescribed by the Commission in 21 NCAC 58A .1902,

each consisting of at least 30 classroom hours of instruction, which may be

taken by students in any sequence.

(c)  The prerequisite for enrollment in a postlicensing

course is possession of a current North Carolina broker license on provisional

status; however, schools may admit an unlicensed individual to a postlicensing

course if the individual demonstrates that he or she needs to complete the

course for the purpose of qualifying for reinstatement of an expired, canceled,

revoked or surrendered license not on provisional status, or may admit any

individual regardless of license status if the individual demonstrates that he

or she is required to complete the course pursuant to a disciplinary consent

order issued by the Commission.  A school shall not knowingly enroll an

individual in a postlicensing course while the individual is taking another

postlicensing course at the same school or a different school if such

enrollment would result in the individual being in class for more than 21

classroom hours in any given seven-day period.

 

History Note:        Authority G.S. 93A-4(a1); 93A-33;

Eff. September 1, 1979;

Amended Eff. February 1, 1989; September 1, 1984;

September 1, 1983; January 1, 1981;

Transferred and Recodified from 21 NCAC 58A .1102 Eff.

November 27, 1989;

Temporary Amendment Eff. July 5, 1990, For a Period of

180 Days to Expire on January 1, 1991;

Amended Eff. January 1, 1991; February 1, 1991;

Temporary Amendment Eff. April 5, 1991, For a Period of

180 Days to Expire on October 2, 1991;

Temporary Amendment Eff. May 9, 1991, For a Period of 146

Days to Expire on October 2, 1991;

Amended Eff. July 1, 2010; January 1, 2008; April 1,

2006; September 1, 2002; October 1, 2000; July 1, 1994; October 1, 1991.

 

21 NCAC 58C .0303          COURSE CONTENT

(a)  All courses shall consist of instruction in the subject

area and at the competency and instructional levels prescribed in the

Commission's course syllabi.

(b)  Courses may also include coverage of additional related

subject areas not prescribed by the Commission; however, any such course must

provide additional class time above the minimum requirement for the coverage of

such additional subject areas.

(c)  Classroom time and instructional materials may be

utilized for instructional purposes only and not for promoting the interests of

or recruiting employees or members for any particular real estate broker, real

estate brokerage firm or real estate franchise.

 

History Note:        Authority G.S. 93A‑4(a),(d); 93A‑33;

Eff. September 1, 1979;

Amended Eff. February 1, 1989; November 1, 1987; May 1,

1987; September 1, 1984;

Transferred and Recodified from 21 NCAC 58A .1104 Eff.

November 27, 1989;

Amended Eff. September 1, 2002; July 1, 1994; May 1,

1990.

 

21 ncac 58c .0304          COURSE COMPLETION STANDARDS

(a)  Academic standards for prelicensing and postlicensing

course completion shall reasonably assure that students receiving a passing

grade possess knowledge and understanding of the subject areas prescribed for

the course adequate to demonstrate a student's competency with due regard to

the paramount interests of the public.  A student's grade shall be based solely

on his or her performance on examinations and on graded homework and classwork

assignments.

(b)  Prelicensing and postlicensing course completion

requirements shall include obtaining a grade of at least 75 percent on a

comprehensive final course examination that covers all prescribed subject areas

and completing any mandatory graded homework or class work assignments in a way

which demonstrates mastery of the subject matter.  Take home or open book final

course examinations are prohibited. Schools and instructors may utilize other

course tests in addition to the final course examination provided that a

student's grade on the final course examination accounts for at least 75

percent of the student's grade for the course.

(c)  Prelicensing course final examinations may be provided

by the Commission for use by approved schools and instructors and, if so

provided, schools and instructors may use those examinations. If the Commission

does not provide such examinations, or if a school or instructor elects not to

use Commission-provided examinations, the school or instructor shall use a

comprehensive examination which tests student's knowledge and mastery of the

course subject matter. The examination shall be subject to review and approval

by the Commission in accordance with the standards prescribed in G.S. 93A-4(a)

and (d) and Paragraph (a) of this Rule. Schools may, within 90 days of the

course ending date, allow a prelicensing course student one opportunity to make

up any missed course final examination or to retake any failed course final

examination without repeating the course.  If examinations provided by the

Commission are used, any makeup or repeat examination shall consist of a

different form of the examination that the one previously administered in the

student's course.  If examinations not provided by the Commission are used, any

makeup or repeat examination shall be comparable to the initial examination

with regard to the number of questions, subject areas tested and overall

difficulty, and at least 75 percent of the questions shall be different from

those used on the initial examination.

(d)  Postlicensing course final examinations shall be

provided by the Commission and shall be used by approved instructors and

schools.  Schools shall, within 90 days of the course ending date, allow a

postlicensing course student one opportunity to make up any missed course final

examination or to retake any failed course final examination without repeating

the course; however, if a makeup or repeat examination is requested by a

student to be taken at the earliest possible opportunity, the school must provide

an opportunity for the student to take such examination within seven days of

the student's request. Any makeup or repeat examination shall consist of a

different form of the examination than the one previously administered in the

student's course.

(e)  Schools and instructors shall take steps to protect the

security and integrity of course examinations at all times.  These steps shall

include:

(1)           Maintaining examinations and answer keys in

a secure place accessible only to the instructor or school officials;

(2)           Prohibiting students from retaining copies

of examinations, answer sheets, and closing statement forms or scratch paper

containing notes or calculations that jeopardize examination security; and

(3)           Monitoring students at all times when examinations

are being administered.

(f)  Any student who is found by an instructor or other

school official to have cheated in any manner on any course examination shall

be dismissed from the course in which enrolled and shall not be awarded a

passing grade for the course or any credit for partial completion of the

course.  The cheating incident shall be reported in writing to the Commission

within 10 days of the incident.

(g)  The minimum attendance required for satisfactory course

completion shall be 80 percent of all scheduled classroom hours for the course.

 

History Note:        Authority G.S. 93A‑4;

Eff. September 1, 1979;

Amended Eff. April 1, 1987; September 1, 1984;

Recodified Paragraphs (d) and (e) to Rule 58A .1113 (a)

and (b) Eff. January 6, 1989;

Amended Eff. February 1, 1989;

Transferred and Recodified from 21 NCAC 58A .1105 Eff.

November 27, 1989;

Amended Eff. July 1, 2009; April 1, 2006; September 1,

2002; July 1, 2000.

 

21 NCAC 58C .0305          COURSE SCHEDULING

(a)  All courses must have fixed beginning and ending dates,

and schools may not utilize a scheduling system that allows students to enroll

late for a course and then complete their course work in a subsequently scheduled

course.  Late enrollment is permitted only if the enrolling student can satisfy

the minimum attendance requirement set forth in Rule .0304(g) of this Section. 



(b)  Courses shall not have class meetings that exceed six

classroom hours in any given day and 21 classroom hours in any given seven-day

period.  However, a school that conducts courses with class meetings that do

not exceed a total of 15 classroom hours in any seven-day period may conduct

individual class meetings of up to 7 1/2 hours in any given day.  A school may

request approval to conduct postlicensing courses that involve an accelerated

schedule of up to 30 classroom hours within a seven-day period and the

Commission shall grant such approval if the school demonstrates to the Commission

that the course will be conducted in a manner that will not compromise

instructional quality and course standards.  When considering such a request,

the Commission will take into consideration the proposed class schedule, the

school's instructional plan, including a plan for assuring that students have a

reasonable opportunity to perform required out-of-class reading and other

assignments, the instructor's experience in teaching prelicensing and

postlicensing courses, the license examination performance of the instructor's

former prelicensing course students, and similar factors.  A school granted

approval to conduct postlicensing courses that involve an accelerated schedule

that exceeds the basic scheduling restrictions prescribed by this Rule shall assure

that such courses are conducted in a manner that complies with all applicable

Commission rules and the instructional plan submitted to the Commission. 

(c)  A classroom hour consists of 50 minutes of classroom

instruction and ten minutes of break time.  For any class meeting that exceeds

50 minutes in duration, breaks at the rate of ten minutes per hour must be

scheduled and taken at reasonable times.

 

History Note:        Authority G.S. 93A‑4(a),(d);

Eff. September 1, 1979;

Amended Eff. February 1, 1989; August 1, 1980;

Transferred and Recodified from 21 NCAC 58A .1107 Eff.

November 27, 1989;

Amended Eff. July 1, 2009; April 1, 2006; October 1,

2000; July 1, 1996; July 1, 1994; July 1, 1993.

 

21 NCAC 58C .0306          TEXTBOOKS

(a)  Each course must utilize a textbook or course materials

which are approved by the Commission as well as any additional instructional

materials which may be prescribed by the Commission for such course. 

Instructors shall make appropriate out-of-class reading assignments in the

selected textbook and any additional prescribed instructional materials and

shall actively encourage students to perform such reading assignments.

(b)  A request for Commission approval of a proposed

textbook or similar course materials must be submitted in writing to the

Commission and accompanied by two copies of the proposed textbook or course

materials.  If the request is for approval of a new edition of a previously

approved textbook, the request must also include a detailed list of all

significant changes to the old edition and such list of changes should be

referenced to specific pages in the manuscript for the new edition.  Approval

of a textbook or other course materials applies only to the edition reviewed by

the Commission.  Additional approval is required for each subsequent edition. 

Approval is for an indefinite period; however, such approval may be terminated

by the Commission at any time upon determining that the approved edition no longer

complies with the criteria for approval.  The criteria for approval shall be as

follows:

(1)           The textbook or materials must provide

accurate, current and complete coverage of the subject matter required by the

Commission for the course for which approval of the textbook or materials is

sought, including coverage of unique North Carolina real estate related laws,

rules and practices that are integrated into the basic coverage.

(2)           The information provided must be logically

organized and grammatically correct.

(3)           The nature and depth of subject matter

coverage must be consistent with the competency and instructional levels

prescribed by the Commission for the course for which approval is sought.

 

History Note:        Authority G.S. 93A‑4(a),(d); 93A‑33;

93A‑75(a);

Eff. September 1, 1979;

Amended Eff. February 1, 1989; September 1, 1984;

September 1, 1983;

Transferred and Recodified from 21 NCAC 58A .1108 Eff.

November 27, 1989;

Amended Eff. October 1, 2000; July 1, 1996; May 1, 1990.

 

21 NCAC 58C .0307          INSTRUCTORS

(a)  Except as indicated in Paragraph (b) of this Rule, all

courses must be taught by instructors who have been approved by the Commission

in accordance with Section .0600 of this Subchapter. 

(b)  Guest lecturers who do not possess the qualifications

stated in Rule .0603 of this Subchapter may be utilized to teach collectively

up to one-third of any course, provided that no one individual guest lecturer

may teach more than one-fifth of any course, and provided further that each

guest lecturer possesses experience directly related to the particular subject

area the guest lecturer is teaching.

 

History Note:        Authority G.S. 93A‑4(a),(d); 93A‑33;

93A-34;

Eff. September 1, 1979;

Amended Eff. February 1, 1989; September 1, 1984; January

1, 1981;

Transferred and Recodified from 21 NCAC 58A .1109 Eff.

November 27, 1989;

Amended Eff. April 1, 2006; October 1, 2000; July 1,

1996; May 1, 1990.

 

21 NCAC 58C .0308          APPRAISAL INSTRUCTORS

 

History Note:        Filed as a Temporary Amendment Eff. July

5, 1990, For a Period of 180 Days to Expire on

January 1, 1991;

Authority G.S. 93A‑33; 93A‑75(a);

Eff. May 1, 1990;

Amended Eff. February 1, 1991; January 1, 1991;

Repealed Eff. July 1, 1994.

 

 

 

21 NCAC 58C .0309          COURSE COMPLETION REPORTING

(a)  Schools shall provide a course completion certificate

to each student who completes a prelicensing or postlicensing course in compliance

with Commission rules and the school course completion standards. Each course

completion certificate shall be on official school letterhead and identify the

course, student and instructor. The certificate shall be signed by the

director, dean or other school official responsible for supervising the conduct

of the course.

(b)  Schools shall prepare and submit to the Commission

accurate reports verifying completion of a prelicensing or postlicensing course

for each student who completes a prelicensing or postlicensing course in

compliance with Commission rules and school course completion standards.  Such

reports shall include:

(1)           students' names (full legal name for

prelicensing course students);

(2)           students' license numbers (for

postlicensing course students);

(3)           students' unique identification number (for

prelicensing course students);

(4)           course dates;

(5)           school and course code numbers;

(6)           instructor's name and code number (for

prelicensing courses); and

(7)           course information.

(c)  The report shall be transmitted by uploading the

information to the Commission's website at www.ncrec.gov within seven calendar

days following the course.  Schools shall electronically submit with

postlicensing course completion reports the per student fee prescribed by G.S

93A-4(a2).

 

History Note:        Authority G.S. 93A-4(a); 93A-4(a2); 93A-4(d);93A-33;

Eff. September 1, 1979;

Amended Eff. February 1, 1989; September 1, 1984; January

1, 1981;

Transferred and Recodified from 21 NCAC 58A .1111 Eff.

November 27, 1989;

Amended Eff. July 1, 2014; July 1, 2009; January 1, 2008;

April 1, 2006; July 1, 1994; May 1, 1990.

 

21 NCAC 58C .0310          COURSE RECORDS

(a)  Schools shall retain on file for three years copies of

all enrollment, grade and attendance records and shall make such records

available to the Commission upon request.

(b)  Schools shall retain on file for two years a master

copy of each final course examination that shall indicate the answer key,

course title, course dates and name of instructor.  Examination file copies

shall be made available to the Commission upon request.

 

History Note:        Authority G.S. 93A-4(a),(d); 93A-33;

Eff. September 1, 1984;

Recodified from Rule 58A .1105 (d) and (e) Eff. January

6, 1989;

Transferred and Recodified from 21 NCAC 58A .1113 Eff.

November 27, 1989;

Amended Eff. July 1, 2014; October 1, 2000; May 1, 1990.

 

21 NCAC 58C .0311          INSTRUCTIONAL DELIVERY METHODS

The principal instructional delivery method utilized in real

estate prelicensing and postlicensing courses must provide for the instructor

to interact with students either in person in a traditional classroom setting

or through an interactive television system or comparable system which permits

continuous mutual audio and visual communication between the instructor and all

students and which provides for monitoring and technical support at each site where

the instructor or students are located.  The use of media-based instructional

delivery systems such as videotape or digital video disc (DVD), remote

non-interactive television, computer-based instructional programs or similar

systems not involving continuous mutual audio and visual communication between

instructor and students may be employed only to enhance or supplement personal

teaching by the instructor.  Such delivery systems may not be used to

substitute for personal teaching by the instructor.  No portion of a course may

consist of correspondence instruction.

 

History Note:        Authority G.S. 93A-3(c); 93A-4(a);

93A-34;

Eff. July 1, 1996;

Amended Eff. April 1, 2006; April 1, 2004.

 

21 NCAC 58C .0312          EXCEPTION FOR PERSONS WITH

DISABILITIES

Schools may deviate from Commission rules concerning student

attendance, course scheduling, instructional methods, instructional materials,

facilities or similar matters as may be necessary in order for a school to

comply with the Americans With Disabilities Act or other laws requiring such

schools to accommodate persons with disabilities; provided that no deviations

from Commission rules are permitted by this Rule with regard to program structuring,

course content, academic course completion standards, or instructors.  When

considering a request for special accommodation under the Americans With

Disabilities Act or other similar laws, a school shall make a reasonable

inquiry to determine that the person making the request is a qualified

individual with a disability and that the requested accommodation is

appropriate for the particular disability.  A school providing a special

accommodation for a student with a disability that requires the school to

deviate from Commission rules shall notify the Commission in writing of the

accommodation within ten days of the start of the course in which the student

is enrolled or, if the accommodation is requested after the start of the

course, within ten days of the date the accommodation is first provided.

 

History Note:        Authority G.S. 93A-3(c); 93A-34;

Eff. July 1, 1996;

Amended Eff. July 1, 2000.

 

21 NCAC 58C .0313          NOTICE OF SCHEDULED COURSES

(a)  Schools shall provide the Commission written notice of

all scheduled postlicensing course offerings not later than 10 days prior to a

scheduled course beginning date.  The notice shall include the name and

assigned number for the school and, for each scheduled course, the name and

assigned number for the course, the scheduled beginning and ending dates, the

course meeting days and times (including any scheduled lunch breaks), the

specific location and the name of the instructor.

(b)  Schools shall notify the Commission of any schedule

changes or course cancellations at least five days prior to the original

scheduled course beginning date.  If a last minute change or cancellation is

necessary due to some unforeseen circumstance, then notice shall be provided to

the Commission as soon as possible.

 

History Note:        Authority G.S. 93A-4(a1),(d); 93A-33;

Eff. January 1, 2008;

Amended Eff. July 1, 2009.

 

SECTION .0400 ‑ APPRAISAL TRADE ORGANIZATION COURSES

 

 

21 NCAC 58C .0401          PURPOSE AND APPLICABILITY

21 NCAC 58C .0402          APPLICATION AND FEE

21 NCAC 58C .0403          CRITERIA FOR COURSE RECOGNITION

21 NCAC 58C .0404          CHANGES DURING THE RECOGNITION PERIOD

21 NCAC 58C .0405          ADVERTISING OF RECOGNITION AND

EXAMINATION PERFORMANCE

21 NCAC 58C .0406          RENEWAL OF COMMISSION RECOGNITION: FEE

21 NCAC 58C .0407          WITHDRAWAL OR DENIAL OF COMMISSION

RECOGNITION

 

History Note:        Authority G.S. 93A‑75(a) and (b);

Eff. May 1, 1990;

Amended Eff. July 1, 1993;

Repealed Eff. July 1, 1994.

 

 

 

 

SECTION .0500 ‑ APPRAISAL CONTINUING EDUCATION COURSES

 

 

21 NCAC 58C .0501          PURPOSE AND APPLICABILITY

21 NCAC 58C .0502          APPLICATION AND FEE

21 NCAC 58C .0503          CRITERIA FOR COURSE APPROVAL

21 NCAC 58C .0504          PRE‑LICENSING AND PRE‑CERTIFICATION

COURSES

21 NCAC 58C .0505          CONTINUING EDUCATION CREDIT HOURS

21 NCAC 58C .0506          COURSE OPERATIONAL REQUIREMENTS

21 NCAC 58C .0507          CERTIFICATION OF COURSE COMPLETION

21 NCAC 58C .0508          SUBMISSION OF COURSE ROSTER

21 NCAC 58C .0509          CHANGES DURING THE APPROVAL PERIOD

21 NCAC 58C .0510          COURSE RECORDS

21 NCAC 58C .0511          RENEWAL OF APPROVAL AND FEES

21 NCAC 58C .0512          WITHDRAWAL OR DENIAL OF APPROVAL

 

History Note:        Authority G.S. 93A‑75(c), (d);

93A-77;

Eff. July 1, 1991;

Amended Eff. May 1, 1992;

Repealed Eff. July 1, 1994.

 

 

 

 

SECTION .0600 –PRELICENSING AND POSTLICENSING INSTRUCTORS

 

21 NCAC 58C .0601          PURPOSE AND APPLICABILITY

This Section prescribes the criteria and procedures for

Commission approval of instructors of real estate prelicensing and

postlicensing courses and also prescribes performance standards for approved

prelicensing and postlicensing instructors.

 

History Note:        Authority G.S. 93A‑4(a),(d);

93A-33; 93A-34;

Eff. October 1, 2000;

Amended Eff. April 1, 2006.

 

21 NCAC 58C .0602          NATURE AND SCOPE OF INSTRUCTOR

APPROVAL

Approval of real estate prelicensing and postlicensing

course instructors shall be accomplished separately from the approval and

licensure of schools to conduct real estate prelicensing and postlicensing

courses.  Approval of an instructor to teach prelicensing and postlicensing

courses authorizes the instructor to teach such courses at schools approved or

licensed by the Commission to conduct such courses; however, an approved

instructor shall not independently conduct a prelicensing or postlicensing

course. An instructor must obtain written approval from the Commission prior to

teaching a prelicensing or postlicensing course for any school and prior to

representing to any school or other party that the instructor is approved or

may be approved as a prelicensing or postlicensing course instructor.

 

History Note:        Authority G.S. 93A‑4; 93A-33;

93A-34;

Eff. October 1, 2000;

Amended Eff. April 1, 2006.

 

21 NCAC 58C .0603          APPLICATION AND CRITERIA FOR ORIGINAL

APPROVAL

(a)  An individual seeking original approval as a

prelicensing and postlicensing course instructor shall make application on a form

provided by the Commission.  An applicant who is not a resident of North

Carolina shall also file with the application a consent to service of process

and pleadings.  No application fee is required.  All required information

regarding the applicant's qualifications shall be submitted.

(b)  An instructor applicant shall demonstrate that he or

she possesses good moral character as set out in G.S. 93A-4(b) and the

following qualifications or other qualifications found by the Commission to be

equivalent to the following qualifications:.

(1)           a current North Carolina real estate broker

license that is not on provisional status;

(2)           a current continuing education record;

(3)           three years active full-time experience in

general real estate brokerage, including substantial experience in real estate

sales and at least one year of general brokerage experience in North Carolina,

within the previous seven years; and

(4)           60 semester hours of college-level

education at an institution accredited by the Southern Association of Colleges

and Schools or any other college accrediting body recognized by the U.S.

Department of Education.

For purposes of this Rule, substantial experience is

experience which is material, valuable, and worthwhile and not nominal,

occasional, or intermittent.  The Commission shall consider teaching experience

at the secondary or post-secondary level in lieu of a portion of the brokerage

experience requirement.

(c)  In addition to the qualification requirements

stated in Paragraph (b) of this Rule, an applicant shall also demonstrate

completion of the Commission's new instructor seminar within three years prior

to the date of application and shall submit a one-hour video recording which

depicts the applicant teaching a real estate prelicensing or postlicensing

course topic and which demonstrates that the applicant possesses the basic

teaching skills described in Rule .0604 of this Section.  The new instructor

seminar requirement shall be waived upon a finding by the Commission that the

applicant possesses comparable instructor training, three years full-time

experience teaching real estate pre-licensing courses in another state within

the previous five years, or other equivalent qualifications. The video

recording shall comply with the requirements specified in Rule .0605(c) of this

Section. An applicant who is a Commission-approved continuing education update

course instructor under Subchapter E, Section .0200 of this Chapter or who

holds the Distinguished Real Estate Instructor (DREI) designation granted by

the Real Estate Educators Association or an equivalent real estate instructor

certification is exempt from the requirement to demonstrate satisfactory

teaching skills by submission of a digital video disc (DVD) or videotape.  An

applicant who is qualified under Paragraph (b) of this Rule but who has not

satisfied these additional requirements at the time of application shall be approved

and granted a six-month grace period to complete these requirements.  The

approval of any instructor who is granted such six-month period to complete the

requirements shall automatically expire on the last day of the period if the

instructor has failed to satisfy his or her qualification deficiencies and the

period has not been extended by the Commission.  The Commission shall extend

the six-month period for up to three additional months when the Commission

requires more than 30 days to review and act on a submitted video recording,

when the expiration date of the period occurs during a course being taught by

the instructor, or when the Commission determines that such extension is

otherwise warranted by exceptional circumstances which are outside the

instructor's control or when failure to extend the grace period could result in

harm or inconvenience to students, licensees, or other innocent persons.  An

individual applying for instructor approval who was previously allowed the

six-month grace period to satisfy the requirements stated in this Paragraph,

but did not satisfy such requirements within the allowed grace period, shall

not be allowed the grace period.

 

History Note:        Authority G.S. 93A‑4; 93A-33;

93A-34;

Eff. October 1, 2000;

Amended Eff. January 1, 2012; January 1, 2008; April 1,

2006; July 1, 2005; April 1, 2004; September 1, 2002.

 

21 NCAC 58C .0604          INSTRUCTOR PERFORMANCE

(a)  Instructors shall conduct courses in accordance with

the Commission's rules and course syllabi.  Instructors shall conduct

themselves in a professional manner when performing their instructional duties

and shall conduct their classes in a manner that demonstrates knowledge of the

subject matter being taught as evidenced by the ability to teach the subject

matter without mistake or inaccuracy, and mastery of the following basic

teaching skills:

(1)           The ability to communicate through speech,

including the ability to speak clearly at an appropriate rate of speed and with

appropriate voice inflection, grammar and vocabulary in a manner that enhances

learning.

(2)           The ability to present an effective visual

image to a class, including appropriate appearance and physical mannerisms.

(3)           The ability to present instruction in, an

accurate, logical, orderly and understandable manner that enhances learning, to

utilize illustrative examples as appropriate, and to respond appropriately to

questions from students.

(4)           The ability to utilize varied instructional

techniques in addition to lecture, such as class discussion, role playing or

other techniques in a manner that enhances learning.

(5)           The ability to utilize instructional aids,

such as an overhead projector, in a manner that enhances learning.

(6)           The ability to maintain an appropriate

learning environment and effective control of a class.

(7)           The ability to interact with adult students

in a manner that encourages students to learn, that demonstrates an

understanding of student backgrounds, that avoids offending the sensibilities

of students, and that avoids personal criticism of any other person, agency or

organization.

(b)  Instructors shall utilize course examinations that will

assure compliance with the course completion standards prescribed in Rule .0304

of this Section.  Instructors shall take appropriate steps to protect the

security of course examinations and shall not allow students to retain copies of

final course examinations.

(c)  Instructors shall not obtain or use, or attempt to

obtain or use, in any manner or form, North Carolina real estate licensing

examination questions.

 

History Note:        Authority G.S. 93A‑4(a),(d);

93A-33; 93A-34;

Eff. October 1, 2000;

Amended Eff. April 1, 2006; July 1, 2005.

 

21 NCAC 58C .0605          REQUEST FOR EXAMINATIONS AND video

recordings

(a)  Upon request of the Commission, an instructor shall

submit to the Commission copies of final course examinations, with answer keys,

used in prelicensing courses taught by the instructor.

(b)  Upon request of the Commission, an instructor shall

submit to the Commission a digital video recording that depicts the instructor

teaching portions of a prelicensing or postlicensing course specified in the

request by the Commission, and demonstrates that the instructor possesses the

basic teaching skills described in Rule .0604 of this Section.

(c)  Any video recording submitted to the Commission in

connection with an instructor application shall be approximately one hour in

length and depict the instructor teaching one continuous block of instruction

on a single topic.  Any video recording submitted in connection with an

instructor application or in response to a request from the Commission shall:

(1)           have been made within 12 months of the date

of submission;

(2)           be recorded either on a digital video disc

(DVD), USB drive, or similar medium;

(3)           be unedited;

(4)           include a label identifying the instructor

and dates of the video instruction; and

(5)           have visual and sound quality sufficient to

allow reviewers to clearly see and hear the instructor.

 

History Note:        Authority G.S. 93A-4(a); 93A-4(d);

93A-33; 93A-34;

Eff. October 1, 2000;

Amended Eff. July 1, 2015; April

1, 2006; April 1, 2004; September 1, 2002.

 

21 NCAC 58C .0606          POSTLICENSING COURSE REPORTS

The Commission may require an instructor to submit, on a

form prescribed by the Commission, periodic reports providing information on

student enrollment and course completion for each postlicensing course taught

by the instructor.

 

History Note:        Authority G.S. 93A‑4(a),(d);

93A-33; 93A-34;

Eff. October 1, 2000;

Amended Eff. April 1, 2006.

 

21 NCAC 58C .0607          EXPIRATION, RENEWAL, AND REINSTATEMENT

OF APPROVAL

(a)  Commission approval of prelicensing and postlicensing

instructors shall expire on the third December 31 following issuance of

approval, except as otherwise provided in Rule .0603(c) of this Section.

(b)  In order to assure continuous approval, approved

instructors must file applications for renewal of approval on a form provided

by the Commission on or before December 1 immediately preceding expiration of

their approval.  To qualify for renewal of approval, instructors must

demonstrate that they continue to satisfy the criteria for original approval

set forth in Rule .0603(b) of this Section and that they have attended, during

the immediately preceding approval period, at least three separate real estate

instructor educational programs of at least six hours each.  When considering

an application for renewal of instructor approval, the Commission shall

recognize experience in teaching real estate prelicensing or postlicensing

courses, Commission-approved continuing education courses or comparable courses

in lieu of the real estate brokerage experience requirement set forth in Rule

.0603(b) of this Section.

(c)  In order to reinstate an expired instructor approval,

the former instructor must file an application provided by the Commission, must

satisfy the criteria for original approval set forth in Rule .0603(b) of this

Section, and must demonstrate that he or she has attended at least three

separate real estate instructor educational programs of at least six hours each

during the previous three years.  If an applicant's prior approval has been

expired for more than three years, the applicant also must satisfy the criteria

for original approval set forth in Rule .0603(c) of this Section.  A

reinstatement applicant who satisfies the criteria set forth in Rule .0603(b) of

this Section but who does not satisfy the criteria set forth in Rule .0603(c)

of this Section or who has not attended the aforementioned three real estate

instructor educational programs within the previous three years shall be

reinstated and granted a six-month grace period to satisfy all remaining

requirements.  The grace period shall operate in the same manner as the grace

period described in Rule 0603(c) of this Section.  Any instructor educational

programs attended during the grace period to satisfy the reinstatement

requirement shall not also be credited toward the instructor educational

program attendance requirement described in Paragraph (b) of this Rule when the

instructor subsequently applies for renewal of his or her approval.

 

History Note:        Authority G.S. 93A‑4(a),(d);

93A-33; 93A-34;

Eff. October 1, 2000;

Amended Eff. April 1, 2006; July 1, 2005.

 

21 NCAC 58C .0608          DENIAL OR WITHDRAWAL OF APPROVAL

(a)  The Commission may deny or withdraw approval of any

instructor approved to teach prelicensing and postlicensing courses upon

finding that:

(1)           the instructor or instructor applicant has

failed to meet the criteria for approval described in Rule .0603 of this

Section or the criteria for renewal of approval described in Rule .0607 of this

Section at the time of application or at any time during an approval period or

has refused or failed to comply with any other provisions of this Subchapter;

(2)           the instructor has made any false

statements or presented any false, incomplete, or incorrect information in

connection with an application for approval or renewal of approval;

(3)           the instructor has failed to submit any

report, course examination or video recording the instructor is required to

submit to the Commission;

(4)           the instructor has provided false,

incomplete, or incorrect information in connection with any report the

instructor or a school is required to submit to the Commission;

(5)           the instructor has failed to demonstrate,

during the teaching of Commission-approved prelicensing, postlicensing or

continuing education courses, those effective teaching skills described in Rule

.0604 of this Section;

(6)           the instructor has compiled a licensing

examination performance record for first-time examination candidates which is

below 70 percent passing for two or more of the previous five annual reporting

periods;

(7)           the instructor has failed to provide to the Commission

within 30 days of a written request from the Commission a written plan

describing the changes the instructor has made or intends to make in his or her

instructional program to improve the performance of the instructor's students

on the licensing examination in the future following attainment by the

instructor of a licensing examination performance record for first-time

examination candidates which was below 70 percent passing for the previous

annual reporting period.

(8)           the instructor has been disciplined by the

Commission or any other occupational licensing agency in North Carolina or

another jurisdiction; or

(9)           the instructor has obtained or used, or

attempted to obtain or use, in any manner or form, North Carolina real estate

license examination questions.

(b)  If a licensee who is an approved prelicensing and

postlicensing course instructor engages in any dishonest, fraudulent or

improper conduct in connection with the licensee's activities as an instructor,

the licensee shall be subject to disciplinary action pursuant to G.S. 93A-6.

 

History Note:        Authority G.S. 93A‑4(a),(d);

93A-33; 93A-34;

Eff. October 1, 2000;

Amended Eff. July 1, 2009; April 1, 2006; July 1, 2005;

April 1, 2004.