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.
