I.
DEFINITIONS
A. GENERAL
(1) "Authorized Representative of the Board"
is a member of the Board, Board Staff, or an individual designated by the
Director.
(2) "Board Staff" is an
employee of the Board.
(3) "Change
of Ownership" is a change in the control of the School. Any agreement to
transfer the control of a school is considered to be a change of ownership. The
control of a school is considered to have changed:
(a) In the case of ownership by an
individual, when more than 50% of the school has been sold or
transferred;
(b) In the case of
ownership by a partnership or a corporation, when more than 50% of the school
or of the owning partnership or corporation has been sold or transferred;
or
(c) when the Board of directors,
officers, shareholders, or similar governing body has been changed to such an
extent as to significantly alter the management and control of the
school.
(4) "Continuing
Education Unit (CEU)" is the standard measure of one unit for every ten (10)
contact hours of successful participation in an organized continuing
educational experience.
(5)
"Enroll," "Enrolled," or "Enrollment" is the completion of the application form
and/or paperwork to attend school.
(6) "Independent Testing Agent" is a person
employed to administer an entrance examination to a potential student. The
person cannot be otherwise employed by or associated with the school.
(7) "New Program of Study" is applicable if:
(a) the program has not been offered
previously or has been offered and then discontinued;
(b) the program objective has been revised so
that the program provides preparation for a different job title (examples:
legal secretary to paralegal; dental technician to medical technician; computer
operator to computer programmer); or
(c) The content, total number of hours in the
program of study, or number of correspondence lessons of an approved program of
study change 25% or more (examples: 100 hours of content changes in a 400-hour
program of study, 250 hours of content are deleted from a 1,000 hour program of
study, 150 hours of content are added to a 600-hour program of study, or the
number of correspondence lessons are reduced from 32 to 24 lessons).
(8) "Notice of Hearing" is an
order to appear before the Board. The order shall be mailed certified,
restricted delivery and include but not be limited to the names of the parties
involved, time, location, and purpose of the hearing.
(9) "Occupational Instruction" is that which
prepares an individual for employment or contributes toward enhancing job
tenure or promotion.
(10) "Program
of Study" is an organized unit of courses or an individual course in which
instruction is offered. (Hereafter referred to as "program" or "programs"
unless otherwise indicated.) Each entrance or exit point constitutes a new
program of study.
(11) "Real Estate
Continuing Education Approval" is approval granted to organizations which have
properly submitted and have received approval for their outlines to meet the
six (6) classroom hour continuing education requirement for real estate brokers
and sales personnel set forth in Arkansas Code 17- 42-501 et. seq.
(12) "Sponsor" is a person or organization
that plans and implements a project or activity.
(13) "Board" or "SBPCE" is the State Board of
Private Career Education.
(14)
"Total Cost of Program" is equal to tuition plus registration fees.
(15) "APBBLB" is the Arkansas Professional
Bail Bond Company Bondsmen Licensing Board.
(16) "Bail Bondsmen Beginning Education" is a
course covering Arkansas Code and Regulations related to bail bondsmen taken
prior to sitting for the licensure exam.
(17) "Bail Bondsmen Classroom Hour" is a
period of fifty (50) minutes of actual classroom instruction, presented either
live or by video with an instructor present.
(18) "Bail Bondsmen Review Committee" is a
group of three (3) persons to review proposed course outlines. The committee
shall consist of one staff member of the State Board of Private Career
Education, one staff member of the Arkansas Professional Bail Bondsmen
Licensing Board, and one person with knowledge of the bail bondsmen business
but not associated with an organization providing education.
(19) "Bail Bondsmen Continuing Education" is
post-licensure education derived from participation in courses in bail bondsmen
related subjects selected from the list of topics approved by the
APBBLB.
(20) "Real Estate Classroom
Hour" is a period of at least fifty minutes, but not more than sixty minutes,
of actual classroom instruction with an instructor present, presented either
live or by videotape or material determined to be equivalent to at least fifty
minutes of instruction for correspondence courses.
(21) "Real Estate Continuing Education" - is
post-licensure education derived from participation in courses in real estate
related subjects, which have been approved by the State Board of Private Career
Education (SBPCE).
(22) "Continuing
Professional Education (CPE)" is a measure of one unit for each contact hour of
successful participation in an organized continuing educational
experience.
B. LICENSE
TYPES
(1) "Career Seminar School License" is a
license granted to those organizations desiring to offer training that enhances
occupational qualifications. Career Seminar training shall be presented in one
(1) day eight (8) hour seminars in the state during a given licensure year and
student tuition plus registration fees shall be less than $500. (Hereafter
referred to as 'School" unless otherwise indicated.)
(2) "Real Estate Continuing Education School
License" is a license granted to licensed real estate schools to offer one-day
seminars approved to meet the six (6) classroom hour continuing education or
post-licensure requirement for real estate brokers and sales persons as set
forth in Arkansas Code
17-42-501
et. seq. (Hereafter referred to as 'School" or unless otherwise
indicated.)
(3) "Satellite School
License" is a license granted to those organizations located in Arkansas that
have a 'School License" and desire to offer programs away from the school where
programs of study are offered on a regular continuing basis by Arkansas
Schools. (Hereafter referred to as 'School" or unless otherwise
indicated.)
(4) "School License" is
a license granted to any person, firm, partnership, association, corporation,
or other form of business organization seeking to do business or offering
training or instruction:
(a) That leads to or
enhances occupational qualifications;
(b) In flight or ground school to student
fliers or mechanics;
(c) As
preparation for passing exams which may lead to employment; or
(d) In driver education.
(Hereafter referred to as 'School" unless otherwise
indicated.)
(5)
"Traveling School License" is a license granted to those organizations that
desire to offer programs where the total length of the program is less than or
equal to eighty (80) clock hours, in various Arkansas towns. This license
allows that training shall only be offered in one location at a time.
(Hereafter referred to as 'School" unless otherwise indicated.)
II.
ADMISSIONS
REQUIREMENTS
A. GENERAL REQUIREMENTS
Schools shall provide not less than the following:
(1) The admissions requirements shall be
published and administered as written.
(2) Any school offering a minimum of
three-hundred (300) clock hours, eight (8) semester hours, or twelve (12)
quarter hours and enrolling students without a high school diploma or a General
Education Diploma (GED) shall adhere to the following guidelines:
(a) Assess the skills of these students by
administering an entrance examination that is approved by the U. S. Department
of Education. This examination shall be administered by an Independent Testing
Agent, using original copyrighted materials. Test results shall be placed in
the student's academic file.
(b)
Maintain a periodic tracking system to monitor the progress of each of these
students. The tracking system shall include, but is not limited to, name of
student, grade point average, and documentation of counseling sessions. All
documentation shall be maintained in the student's academic file.
(3) During the hours high school
classes are in session, the school shall not permit high school students to
attend except in individual cases approved by the principal of the high school,
which the student is required to attend. In such cases a letter authorizing
attendance by the student shall be filed at the school in the individual folder
of the student.
(4) New students
shall not begin training except at pre-established and announced
intervals.
(5) Students under 18
years of age shall sign any school-student agreement jointly with parent,
guardian, or guarantor. A copy of this agreement shall be placed in the
student's file.
B.
ADMISSIONS REPRESENTATIVES LICENSE - ORIGINAL
An original application form shall have the following
documentation attached:
(1) A copy of
the applicants high school transcript, diploma proof of GED, or other document
that can serve as proof of high school graduation such as a college
transcript;
(2) A copy of the
applicant's birth certificate or a copy of an official government document that
shall show proof of age of at least eighteen (18) years, such as a driver's
license, passport, etc.;
(3) If
applicable, attach proof of honorable discharge from the armed
services;
(4) A copy of a Photo ID
such as a drivers license; AND
(5) Two (2) photographs of the applicant. The
photographs shall be 1" x 1". Photos shall not include other persons. Any other
photos shall be returned which may cause a delay in issuing the license of the
admissions representative, as well as, assessment of administrative fee for
incomplete information.
C. ADMISSIONS REPRESENTATIVES LICENSE -
RENEWAL
A renewal application shall have two (2) photographs of the
applicant attached. The photographs shall be 1" x 1". Photos shall not include
other persons. Any other photos shall be returned which may cause a delay in
issuing the license of the admissions representative, as well as, assessment of
administrative fee for incomplete information.
D. ADMISSIONS REPRESENTATIVES AND RECRUITMENT
- GENERAL
Schools shall provide not less than the following:
(1) An admissions representative license
shall be issued for one (1) year. The expiration date shall be the last day of
the month during which the license was issued.
(2) The application for an admissions
representative shall be submitted on the forms and in the manner set forth by
the Board.
(3) The admissions
representative shall carry the pocket card license at all times the school is
being represented.
(4) The pocket
card license shall bear not less than a recent photograph of the admissions
representative, their name, the name and location of the licensed school to be
represented, and the valid period of the license.
(5) An unlicensed admissions representative
shall not be permitted a trial or break-in period of employment with a school
which would allow them to engage in recruiting.
(6) An admissions representative shall obtain
a license for each school site to be represented to Arkansas
residents.
(7) The admissions
representative shall not advertise programs other than those licensed by the
Board.
(8) The admissions
representative shall conduct business affairs in such a manner as to reflect
honesty, integrity, and a sense of fair play.
(9) The admissions representative shall not
promise employment of any type, for any period of time, nor for any rate of
pay, to a prospective student, unless such conditions for employment are
clearly stated in the enrollment contract signed by the prospective student
and/or the student's parent, guardian or guarantor and by an authorized
official of the school.
(10) The
admissions representative shall discuss only the school they are licensed to
represent. If the representative is questioned about another school the only
response given shall be to contact the school directly or the Arkansas State
Board of Private Career Education.
(11) The admissions representative shall not
attempt in any manner to persuade a prospective student to cancel an enrollment
contract with any other school.
(12) The admissions representative shall not
mislead any prospective student by promising anything not covered specifically
in the enrollment contract or printed publications of the school.
(13) The title, content, cost, or objective
of a program proposed by an admissions representative for enrollment of a
prospective student shall not be different from that which is currently
approved by the Board.
(14) The
school authority shall return to the Board Staff within thirty (30) calendar
days, the pocket card license of an admissions representative who is no longer
employed. A letter with the date of, and reason for the representative's
termination shall be submitted with the pocket card license.
(15) Schools shall train their admissions
representatives so as to be knowledgeable of school policies and procedures, as
well as those of the Arkansas State Board of Private Career
Education.
(16) Schools shall be
responsible for any statements or commitments made by its admissions
representatives to students or prospective students.
(17) The admissions representative shall not:
(a) Solicit in public places other than an
educational setting, at job fairs, or other organized meetings;
(b) Offer as an inducement or enticement, any
substantial consideration to a prospective student prior to enrollment, such as
cash, food, housing, or gifts;
(c)
Administer the entrance test, if one is given;
(d) Advise students about financial aid other
than informing the student of the general availability of financial assistance;
AND
(e) Engage in acts
or practices, which have a tendency to intimidate, coerce, or mislead a
prospective student into accepting an enrollment.
(18) A file shall be maintained at the school
with information on all financial inducements for student referrals to
currently enrolled students and scholarships available to all
students.
(19) Schools shall not
offer premiums and/or special inducements to prospective students or enrollees
unless the Board Staff is notified in writing as to the type, purpose, and
monetary value.
(20) Schools shall
not engage in commercial activities for profit, or for any other reason, which
may be construed by the Board as unfair to the students, i.e. requiring the
student to work, in the field they are studying, in a business owned by persons
associated with the school.
III.
ADVERTISING
Schools shall provide not less than the following:
(1) Any advertisement or promotional
literature written or used by a school shall be completely truthful. The
material shall be presented in a manner, which avoids leaving any false,
misleading, or exaggerated impressions with respect to the school, its
personnel, programs and services, or the occupational opportunities for
students and/or graduates. Television and radio advertisements shall disclose
if a person portraying a student is an actor. This may be done by indicating in
the advertisement that "This is a dramatization".
(2) All advertising and promotional
literature shall include the correct name of the school. So-called "blind"
advertisements are considered misleading and unethical.
(3) Schools shall not use a photograph, cut,
engraving, or illustration in catalogs, sales literature, or otherwise in such
manner as to convey a false impression as to the size, importance, or location
of the school or its equipment.
(4)
Letters of endorsement, commendation, or recommendation may be used provided
prior consent is obtained and no remuneration is made for either the consent or
use of the endorsement. Consent agreements from students shall be kept on file
and be subject to review. Testimonial material may be used only when it is
strictly factual and portrays currently correct conditions or facts.
(5) Schools shall be duly approved and
licensed by the Board before they may promote or advertise through any media or
form.
(6) Schools shall not
advertise that they offer programs, which they have not been licensed to
offer.
(7) All advertising and
promotional literature used by a school shall clearly indicate that training or
education, and not employment, is being offered. Job guarantees shall not be
stated in any form.
(8) Schools
placing advertisements in CLASSIFIED COLUMNS of newspapers or other
publications to attract students shall use classifications such as "Education,"
"Schools," or "Instruction." Headings such as "Help Wanted," "Employment," or
"Business Opportunities" shall be used only to solicit employees for the
school.
(9) A school shall not use
the words "free" or "guarantee" for advertising or sales promotion
purposes.
(10) References to
financial aid availability shall include the phrase "for those who
qualify."
(11) Schools that utilize
completion or placement statistics in advertisements, other recruiting
materials, and/or verbal presentations shall maintain proof of corroboration of
these statistics.
(12) No dollar
amount or amounts will be quoted in any advertisement as representative or
indicative of the earning potential of graduates.
(13) A file shall be maintained at the school
with copies of all advertising and promotional literature. Printed copy and
dates for radio and television advertising shall be maintained in this
file.
(14) Advertisements shall
clearly identify the name and location of the school and the statement:
"Licensed by the State Board of Private Career Education" or "Licensed by
SBPCE."
(15) No statement shall be
made that the school or its programs of instruction have been accredited unless
the accreditation is that of the appropriate nationally recognized accrediting
agency listed by the United States Department of Education.
IV.
ARBITRATION PANEL
(A) If a grievance cannot be resolved
informally the student or school can request the Arbitration Panel be convened
if the grievance is related to:
(1) The
failure of the school to perform agreements made with the student;
AND/OR
(2) An
admissions representative's misrepresentations in enrolling the student;
AND
(3) The request
for arbitration is made in writing and filed with the Board within one (1) year
of completion or withdrawal of the student from the school.
(B) Both parties shall comply with
the decision of the Arbitration Panel.
(C) If multiple requests for hearings against
one school are received the Board Staff shall determine the number to be heard
in one day.
V.
BANKRUPTCY
Schools that file for bankruptcy shall provide not less than the
following:
(A) Notify the Board Staff
by certified mail or facsimile that this action has been taken. This
notification shall be provided within twenty-four (24) hours of the filing,
excluding Saturdays, Sundays, and legal holidays. The information should be
provided to the Board Staff by completing the Bankruptcy Notification Form
located in the forms section of your notebook.
(B) Provide monthly financial information to
the Board Staff on the forms and in the manner prescribed by the
Board.
(C) Submit the name of their
bankruptcy lawyer and case number.
(D) Submit information on where the action
was filed such as the state, county and court.
(E) One copy of all information filed with
the Bankruptcy Court shall also be submitted to the Board Staff.
VI.
BOND - SURETY
(A) The Board shall determine the sum of each
surety bond based upon the following guidelines:
(1) Except as provided in Section
6-51-620(h) (2)
and (3) a school shall procure a bond equal
to ten percent (10%) of the gross tuition with a minimum bond amount of five
thousand dollars ($5,000) and a maximum bond amount of seventy-five thousand
dollars ($75,000).
(2) Schools that
have no gross tuition charges assessed for the previous year shall secure a
surety bond in the amount of five thousand dollars ($5,000).
(3)
Schools that have a total cost per
program of three thousand dollars ($3,000) or less shall not be required to
have a bond.
(B) A
surety bond is not required for schools holding an active license on April 10,
1995, by the State Board of Private Career Education and that maintains
continuous licensure.
(C) Each
school licensed under this chapter shall annually submit a surety bond. The
surety bond shall be submitted to the Board on or before the expiration date of
the bond.
(D) The bond shall be for
the period during which the license is issued. The first year of licensure the
bond will be for the number of months for which the license is being sought. In
subsequent years the bond shall expire on August 31 of each year.
(E) The surety bond shall be conditioned to
provide indemnification to any student or enrollee who suffers loss or damage
as a result of:
(1) A violation of a provision
of this chapter or any rule or regulation of this Board by the school or its
officers, admissions representatives, or employees; OR
(2) The failure or neglect of the school to
faithfully perform all agreements, express or otherwise, with the student,
enrollee, one (1) or both of the parents of the student or enrollee, or a
guardian of the student or enrollee as represented by the application for
licensure and the materials submitted in support of that application;
OR
(3) An admissions
representative's misrepresentation in procuring the student's
enrollment.
(F) Any
student of a school in violation of
6-51-620(c)
may bring an action in the circuit court of the proper county to execute
against the bond.
(G) A surety on
that bond may be released after the surety has made a written notice of at
least thirty (30) days before the release. However, a surety may not be
released from the bond unless all sureties on the bond are released.
(H) The license shall be suspended when that
school is no longer covered by a surety bond meeting the required amount. The
Board shall notify the school in writing at least ten (10) days prior to
release of the surety or sureties that the license is suspended until another
surety bond is filed in the manner and amount required under this
chapter.
(I) The bond shall be
based on gross tuition meaning the total amount collected by a school during
the most recently completed twelve (12) month fiscal year, reduced only by the
amount of refunds paid during the fiscal year, for tuition, application fees,
registration fees, and those other fees deemed appropriate by rule and
regulation of the Board; provided however, that for a school located outside of
this state which is authorized to recruit in this state, 'gross tuition' means
only the amount of such tuition and fees collected from residents of this
state. The information regarding gross tuition shall be submitted to the Board
on the forms provided.
(J) The bond
shall be a surety bond issued by a company authorized to do business in the
State. The bond shall be to the State to be used for payment of a tuition
refund due to a student or potential student.
VII.
CANCELLATION AND REFUND
POLICY
Schools shall publish and adhere to a cancellation and refund
policy that provides not less than:
(A) A full refund to any student who cancels
the enrollment contract within seventy-two (72) hours (until midnight of the
third day excluding Saturdays, Sundays, or legal holidays) after the enrollment
contract is signed by the prospective student.
(B) If an applicant is not accepted for
enrollment by a school the applicant is entitled to a full refund of monies
paid less an application fee not to exceed twenty-five dollars ($25).
(C) If the student has contracted with a
school to pursue a correspondence program, or combination program, the student
is considered as having entered training when the student has completed and
submitted to the school the first lesson.
(D) If the student has contracted with a
school to pursue a resident program, the student is considered as having
entered training when the student has attended one regular class period of
instruction at the resident school.
(E) All refunds shall be made by the school
to the student or lender no later than thirty (30) calendar days after the
student withdraws or is terminated from the program. Proof of refund(s) shall
be placed in the student's file. If refunds are made by check, proof shall be a
photocopy of the refund check after it has cleared the bank. The check shall be
copied front and back on the same sheet of paper, with the number of the check
from the front folded so that it shows at the same time the back is copied. If
refunds are made by electronic funds transfer, the refund shall be recorded on
the student's account record and proof of refund shall be provided to Board
staff upon request.
(F)
(1) At the time of any home solicitation
sale:
(a) The seller shall furnish the buyer
with a fully completed receipt, AND
(b) A copy of any contract or agreement
pertaining to such sale at the time of its execution which shall show the name
and address of the seller, the date of transaction, AND
(c) Contain in boldface type, of a minimum
size of ten (10) points, a statement in substantially the following form:
ANY BUYER MAY CANCEL THIS TRANSACTION ANY TIME PRIOR TO MIDNIGHT
OF THE THIRD BUSINESS DAY EXCLUDING SATURDAYS, SUNDAYS, OR LEGAL HOLIDAYS AFTER
THE DATE OF THIS TRANSACTION. This statement shall be in immediate proximity to
the space reserved for the signature of the buyer, in the contract, agreement
or receipt.
(d) The buyer
may cancel by written notice mailed to the seller, preferably by certified or
registered letter.
(e) If in the
event the buyer cancels, the seller shall return to the buyer within thirty
(30) calendar days of the cancellation:
(i)
Any payments made,
(ii) Any goods
or other property, received as a trade-in (or a sum equal the trade-in
allowance given therefore), AND
(iii) Any note or other evidence of
indebtedness given by the buyer to the seller pursuant to or in connection with
the sale.
(f) After
cancellation the seller shall have thirty (30) calendar days to take possession
of any property left with the buyer.
(G) The effective date of the termination,
for refund purposes, shall be the last day of attendance.
(H) The student shall not be required to
purchase instructional supplies, books, etc. until such time as these materials
are needed for use in the program.
(I) In the event a school discontinues a
program in which students are enrolled, a full refund of all tuition and fees
is due. Refunds shall be made in accordance with item 5 of this section. This
statement does not apply to a closed school; however, it does apply to a school
that closes only one location.
(J)
Schools shall publish and adhere to a refund policy that provides not less
than:
(1) The registration fee not to exceed
one hundred dollars ($100) paid to the school by the student may be retained as
an enrollment or application fee.
(2) All amounts paid in excess of one hundred
dollars ($100) shall be refundable.
(3) The refund shall be based on the cost for
each academic year of the program. All tuition beyond the current enrollment
period shall be refunded when a student terminates.
(a) During the first twenty five percent
(25%) of the program the refunds shall be made on a pro rata basis based on the
total number of clock hours for which the program is licensed.
(b) At completion of 25% of the program the
student owes 50% of the tuition.
(c) At completion of 50% of the program the
student owes 75% of the tuition.
(d) At completion of 75% of the program the
student owes 100% of the tuition.
VIII.
CLOSING OF SCHOOLS
Schools shall provide the Board Staff not less than the following
when closing:
(A) Immediate
notification of the action by letter and/or facsimile.
(B) The name, address, and telephone number
of the person who will be responsible for closing arrangements.
(C) The name, address, telephone number, and
the name of the program of instruction for each student currently
enrolled.
(D) The amount of class
time required for each student to complete the program, along with the amount
of refund, if any, for which each student is eligible.
(E) The school shall deliver all student
academic and financial aid records for the previous ten (10) years of the
schools operation to the Director. The records delivered to the Director shall
be arranged in alphabetical order and stored in standard record storage
boxes.
(F) When there is a change
in ownership of a school it shall become the responsibility of the new owner to
maintain the student records from the previous ownership.
(G) When a school with multiple locations
closes one location it shall be the responsibility of the school to move and
maintain all student records from the closed location at one of the remaining
licensed locations.
IX.
COMPLAINTS
Schools shall provide not less than the following:
(A) Schools shall publish and adhere to a
procedure for handling student complaints.
(B) Schools shall post Board provided
information (Form 8000) so that students will be aware of the complaint process
available to them through the Board. This information shall be posted in
locations used and/or seen by all students on a regular basis.
(C) The complaint shall be submitted in
writing, on the forms provided by the Board.
(D) The complaint shall be filed within three
(3) years of the alleged violation.
(E) If a student desiring to file a complaint
has begun legal action against the school, the Board Staff shall wait until
legal options have been exhausted before beginning the Board approved complaint
process.
(F) IF THE SCHOOL IS
CURRENTLY LICENSED
(1) The complaint shall be
forwarded to the administrator of the school, by certified mail, who shall have
ten (10) calendar days from receipt of the complaint to submit a written
response to the Board Staff. Failure of a school administrator to respond to
the complaint will result in the issuance of a notice of hearing to appear
before the Board. The school shall include a copy of the student's contract and
transcript with their response to the complaint.
(2) The Board Staff shall forward the
school's response by certified mail, to the student for review. The student
shall have ten (10) calendar days, after receipt of written school response, to
provide a response to the information received from the school. If the Board
Staff has not received additional correspondence from the student by the tenth
(10th) calendar day after receipt by the student, the school's response shall
be considered accepted by the student.
(3) The student response shall be forwarded
to the administrator of the school, by certified mail, who shall have ten (10)
calendar days from receipt of the complaint to submit a final written response
to the Board Staff. Failure of a school administrator to respond to the
complaint will result in the issuance of a notice of hearing to appear before
the Board.
(4) The Board Staff
shall forward the school's response by certified mail, to the student for
review. The student shall have ten (10) calendar days, after receipt of written
school response, to notify the Board in writing of acceptance of the response
or to request arbitration if applicable. If the Board Staff has not received
additional correspondence from the student by the tenth (10th) calendar day
after receipt by the student, the school's response shall be considered
accepted by the student.
(5) At any
time the Board Staff may attempt to seek an informal resolution of the
complaint.
(6) In some cases the
student or school can request the Arbitration Panel be convened. See
"Arbitration Panel" for additional information.
(G) IF THE SCHOOL IS LOCATED OUT OF STATE AND
NOT CURRENTLY LICENSED
Every effort shall be made to have the complaint answered by
school officials.
X.
EXEMPTIONS
Arkansas Code Title 6, Chapter
51, Subchapter 601 et. al.
requires that most persons or organizations offering training that leads to or
enhances occupational qualifications be licensed by the State Board of Private
Career Education. There are twelve (12) specific exemptions listed in
Subchapter 603.
In order for a school to be granted an exemption, it must be
shown that the school clearly and completely meets the provisions of one (1) or
more of the specific exemptions. When an exemption is granted the organization
shall not refer to the State Board of Private Career Education in any material
or manner.
The following criteria shall be used to determine whether these
provisions are clearly and completely met and thus the training is exempt from
licensure under
6-51-603:
(1) Private institutions exclusively
offering instruction at any or all levels from preschool through twelfth grade.
PROOF To establish exemption under this section, a notarized
affidavit and documentation showing that the school offers only instruction for
preschool through twelfth grade shall be submitted. The affidavit shall include
an explanation of how the curriculum is typical of that taught in a public
school.
(2) Schools
established by laws of Arkansas, governed by Arkansas Boards and permitted to
operate for the sole purpose of providing specific training normally required
to qualify persons for occupational licensure by state Boards or commissions,
which determine education and other standards for licensure and operation of
such schools.
PROOF To establish exemption under this section, the following
evidence shall be submitted:
(a) Name
of school;
(b) Names of
programs;
(c) A copy of
certificate, license, letter or other document showing approval of the school
under another law of the State;
(d)
A copy of regulations from another law of the State establishing requirements
for operation; and
(e) Name,
address, and phone number of the office enforcing the State law by which the
school is regulated and approved.
(3) State colleges and universities
coordinated by the State Board of Higher Education.
PROOF To establish exemption under this section, submit evidence
that the school is coordinated by the State Board of Higher Education.
(4) Programs of study offered by
institutions or individuals for personal improvement, avocational or
recreational, if designated through media or other sources, as not for the
purpose of enhancing an occupational objective.
PROOF These programs have been determined by the Board to be
purely avocational or recreational unless there is evidence to the
contrary:
|
DANCE
|
RIFLE RANGES
|
SWIMMING
|
|
SEWING
|
|
|
|
MUSIC
|
JUDO AND KARATE
|
KNITTING
|
|
RIDING ACADEMIES
|
PHYSICAL FITNESS
|
SPORTS OR ATHLETICS
|
Other programs shall establish exemption by submitting the
following:
(a) Course name, content,
length, and cost;
(b) Objective of
course and an explanation of how the subjects are generally considered to be
avocational or for recreational purposes;
(c) Types of students (examples: Children
ages 7-12; homemakers, teachers, general public, etc.)
(d) Copies of advertisements including yellow
page ads. If there will be no advertising, so state.
(5) Schools operated solely to provide
programs of study in theology, divinity, religious education, and ministerial
training.
PROOF To establish exemption under this section, the following
evidence shall be submitted:
(a) A
notarized affidavit stating the name of the religion or denomination and
explain how it owns, controls, operates, and conducts the school. Submit the
by-laws and Articles of Incorporation if the institution is
incorporated.
(b) A list of the
programs of study to be offered including length in clock or credit hours,
cost, and program objective.
(c) A
description for each course in each program.
(6) A training program offered or sponsored
by an employer for training and preparation of its own employees and for which
no tuition fee is charged the employee.
PROOF To establish exemption under this section, the following
evidence shall be submitted:
(a) Name
of program;
(b) A notarized
affidavit from the organization stating that no students other than employees
will be solicited or enrolled. Further, stating the employer will bear all the
tuition costs and the employee will not be required to reimburse the employer
by means of cash, production of work without pay, or any other means.
(c) The affidavit shall also include a
statement that no advertising will be done through newspaper and/or yellow page
ads.
(d) Include samples of
advertising that will be used by the employer inside the business to recruit
participants. If there will be no advertising, so state.
(7) A program of study sponsored by a
recognized trade, business, or professional organization for instruction of the
members of the organization with a closed membership and for which no fee is
charged the member.
PROOF To establish exemption under this section, the following
evidence shall be submitted:
(a) Name
of program;
(b) A letter shall be
submitted that includes an explanation as to how the membership is closed.
Membership is not closed if any member of the public can join. Such
organizations must provide other services and benefits to their members in
addition to the educational instruction they offer. In addition, the
organizations may be asked to furnish the charter and by-laws;
(c) A notarized affidavit from the
organization stating that no students other than members of the organization
mentioned in (b) will be solicited or enrolled;
(d) Samples of newspaper and yellow page ads,
brochures, and any other means of soliciting or advertising. If there will be
no advertising, so state.
(8) A school or educational institution
supported by state or local government taxation.
PROOF To establish exemption under this section, submit evidence
that the school is supported by taxation. More than fifty percent (50%) of the
school funds must be tax dollars from either a state or local source.
(9) Flight instructors licensed
under appropriate Federal Aviation Administration regulations and offering only
training for a private pilot's license.
PROOF To establish exemption under this section, submit a
notarized affidavit that only training for private pilots license is being
offered.
(10) Schools
covered by Arkansas Code
6-61-301(a)(3)
and exempted from
6-51-101
et. seq.
PROOF To establish exemption under this section, submit evidence
that the school is covered by Arkansas Code
6-61-301(a)(3)
and exempted from
6-51-101
et. seq.
(11) Training
offered by other Arkansas state agencies, boards, or commissions.
PROOF To establish exemption under this section the agency,
board, or commission shall submit the following if a question arises regarding
training:
(a) Name, address, and phone
number of the agency, board, or commission;
(b) Name of person in charge of training;
AND
(c) Arkansas Code
Title, Chapter and Subchapter numbers that created the agency, Board, or
commission.
(12) Training
offered on military bases where a majority of the students enrolled are active
or retired military personnel or their dependents.
PROOF To establish exemption under this section the organization
offering training on the military base shall submit the following if a question
arises regarding training:
(a) Name of
organization; AND
(b)
A notarized attendance list indicating status of each student as civilian,
active or retired military personnel, or their dependents.
XI.
FEES
A. FEES GENERAL INFORMATION
(1) FEES SHALL BE NON-REFUNDABLE.
(2) The following school licenses shall not
be prorated at any time:
(a) Career Seminar
School License
(b) Real Estate
Continuing Education License
(3) For organizations seeking an original
license, the licensing fee shall be prorated. Prorated license fees shall be
figured based on the following chart:
|
Month Application
Submitted to Board Staff:
|
Number of Months
For Which Fees Shall Be Submitted:
|
|
February
|
7
|
|
April
|
5
|
|
June
|
15
|
|
August
|
13
|
|
October
|
11
|
|
December
|
9
|
B. LICENSE FEES
(1) CAREER SEMINAR SCHOOL LICENSE (The fee
for this license shall not be prorated.)
$415 to offer one (1) day eight (8) hour seminars in one location
(city or town) in the state during the licensure year.
$415 1-4 seminars
$690 5-9 seminars
$965 10+ seminars to offer one (1) day eight (8) hour seminars in
various locations in the state during the licensure year locations of seminars
shall be listed on the application. If additional locations are added and this
moves your license to the next level, the additional fee shall be included with
your list of new locations.
(2) REAL ESTATE CONTINUING EDUCATION LICENSE
(The fee for this license shall not be prorated.)
$230 1-4 Real Estate Continuing Education Sessions
$460 5-9 Real Estate Continuing Education Sessions
$690 10+ Real Estate Continuing Education Sessions to offer Real
Estate Continuing Education in designated sites other than the school location.
Designated sites shall be listed on the application for less than ten (10)
locations. These programs shall be used to meet the six (6) classroom hour
continuing education and post-licensure requirement for real estate brokers and
sales personnel as set forth in Arkansas Code
17-42-501
et. seq.
If additional locations are added and this moves your license to
the next level, the additional fee shall be included with your list of new
locations.
(3) SCHOOL -
ORIGINAL & RENEWAL
ORIGINAL LICENSE fees shall be $200 plus the license fee which is
prorated based on the month the application is received by the board. Each
additional program shall be charged at the rate listed under "original fee for
each additional program of study".
RENEWAL LICENSE fees shall be based on the following chart. The
"License Fee" includes twenty (20) programs of study.
|
HIGHEST TUITION
|
|
|
|
ORIGINAL
|
|
RENEWAL (TOTAL COST OF PROGRAM)
|
|
|
|
FEE FOR EACH
|
|
FEE FOR EACH
|
|
|
|
|
|
GREATER
|
BUT
|
|
|
ADDITIONAL
|
|
ADDITIONAL
|
|
|
|
|
|
THAN OR
|
LESS
|
LICENSE
|
|
PROGRAM OF
|
|
PROGRAM OF
|
|
|
|
|
|
EQUAL TO STUDY
|
THAN
|
FEE
|
|
STUDY
|
|
$ 0
|
|
$ 500
|
415
|
50
|
|
|
25
|
|
|
|
|
$ 500
|
|
$ 1,000
|
620
|
75
|
|
|
50
|
|
|
|
|
$ 1,000
|
|
$ 2,000
|
830
|
100
|
|
|
75
|
|
|
|
|
$ 2,000
|
|
$ 4,000
|
1,105
|
150
|
|
|
100
|
|
|
|
|
$ 4,000
|
|
$ 6,000
|
1,520
|
175
|
|
|
125
|
|
|
|
|
$ 6,000
|
|
$ 8,000
|
1,660
|
200
|
|
|
150
|
|
|
|
|
$ 8,000
|
|
$10,000
|
1,930
|
225
|
|
|
150
|
|
|
|
|
$ 10,000
|
|
$15,000
|
2,210
|
250
|
|
|
150
|
|
|
|
|
$ 15,000
|
|
$20,000
|
2,485
|
250
|
|
|
150
|
|
|
|
|
$ 20,000+
|
150
|
|
2,760
|
250
|
(4)
SATELLITE SCHOOL LICENSE - ORIGINAL & RENEWAL
ORIGINAL SATELLITE SCHOOL LICENSE fees shall be $100 plus the
license fee amount prorated based on the month the application is received by
the board. Each additional program shall be charged at the rate listed under
"original fee for each additional program of study".
RENEWAL SATELLITE SCHOOL LICENSE fees shall be based on the
following chart. The "License Fee" includes twenty (20) programs of
study.
|
HIGHEST TUITION
|
|
|
|
ORIGINAL
|
|
RENEWAL (TOTAL COST OF PROGRAM)
|
|
|
|
FEE FOR EACH
|
|
FEE FOR EACH
|
|
|
|
|
|
GREATER
|
BUT
|
|
|
ADDITIONAL
|
|
ADDITIONAL
|
|
|
|
|
|
THAN OR
|
LESS
|
LICENSE
|
|
PROGRAM OF
|
|
PROGRAM OF
|
|
|
|
|
|
EQUAL TO STUDY
|
THAN
|
FEE
|
|
STUDY
|
|
$ 0
|
|
$ 500
|
315
|
25
|
|
|
25
|
|
|
|
|
$ 500
|
|
$ 1,000
|
520
|
50
|
|
|
50
|
|
|
|
|
$ 1,000
|
|
$ 2,000
|
730
|
75
|
|
|
75
|
|
|
|
|
$ 2,000
|
|
$ 4,000
|
1,005
|
100
|
|
|
100
|
|
|
|
|
$ 4,000
|
|
$ 6,000
|
1,420
|
175
|
|
|
125
|
|
|
|
|
$ 6,000
|
|
$ 8,000
|
1,560
|
200
|
|
|
150
|
|
|
|
|
$ 8,000
|
|
$10,000
|
1,830
|
225
|
|
|
150
|
|
|
|
|
$ 10,000
|
|
$15,000
|
2,110
|
250
|
|
|
150
|
|
|
|
|
$ 15,000
|
|
$20,000
|
2,385
|
250
|
|
|
150
|
|
|
|
|
$ 20,000+
|
150
|
|
2,660
|
250
|
(5) FEE
FOR TRAVELING SCHOOL LICENSES (for schools currently holding a license the fee
to obtain this license shall be based on a renewal fee):
ORIGINAL LICENSE fees shall be $200 plus the following amount
prorated based on the month the application is received by the board. Each
additional program shall be charged at the rate listed under "original fee for
each additional program of study".
RENEWAL LICENSE fees shall be based on the following chart. The
"License Fee" includes twenty (20) programs of study.
$50 per location change. Notification of change in location of
this license shall be made not less than 24 hours prior to the move. The
notification shall be considered made upon receipt by the Board staff of the
forms and appropriate fee.
|
HIGHEST TUITION
|
|
|
|
ORIGINAL FEE
|
|
RENEWAL FEE
|
|
|
|
|
|
GREATER
|
BUT
|
|
|
ADDITIONAL
|
|
PROGRAM OF
|
|
|
|
|
|
THAN OR
|
LESS
|
LICENSE
|
|
PROGRAM OF
|
|
STUDY
|
|
|
|
|
|
EQUAL TO ABOVE 20
|
THAN
|
FEE
|
|
STUDY
|
|
|
|
|
|
|
|
$ 0
|
|
$ 500
|
415
|
50
|
|
|
25
|
|
|
|
|
$ 500
|
|
$ 1,000
|
620
|
75
|
|
|
50
|
|
|
|
|
$ 1,000
|
|
$ 2,000
|
830
|
100
|
|
|
75
|
|
|
|
|
$ 2,000
|
|
$ 4,000
|
1,105
|
150
|
|
|
100
|
|
|
|
|
$ 4,000
|
|
$ 6,000
|
1,520
|
175
|
|
|
125
|
|
|
|
|
$ 6,000
|
|
$ 8,000
|
1,660
|
200
|
|
|
150
|
|
|
|
|
$ 8,000
|
|
$10,000
|
1,930
|
225
|
|
|
150
|
|
|
|
|
$ 10,000
|
|
$15,000
|
2,210
|
250
|
|
|
150
|
|
|
|
|
$ 15,000
|
|
$20,000
|
2,485
|
250
|
|
|
150
|
|
|
|
|
$ 20,000+
|
150
|
|
2,760
|
250
|
(6)
FLIGHT SCHOOL LICENSE
$1,035 for Federal Aviation Administration (FAA) Part
141
schools.
Each program shall be listed on the application.
Flight School instructors shall be registered but shall be exempt
from the registration fee. Flight Schools shall not license as Satellite
Schools. All other Flight Schools shall license in accordance with fees for a
School License.
C.
OPERATIONAL FEES
(1)
ADMINISTRATIVE LATE FEE
$ 50 shall be charged a licensed school for items not returned or
submitted by 4:30 p.m. on the due date. Information is considered late if
incomplete. Arrangements for additional time shall be made not less than
twenty-four (24) hours prior to the due date.
An additional $100 shall be charged, if requested information is
not received after the first request and the same information has to be
requested the second time.
(2) ADMINISTRATIVE LATE FEE - RENEWAL LICENSE
20% of the renewal fee shall be paid in addition to the annual
renewal fee if the properly completed application for renewal is not submitted
by 4:30 p.m. on the scheduled due date. Arrangements for additional time shall
be made not less than twenty-four (24) hours prior to the due date.
(3) ADMISSIONS REPRESENTATIVES
$250 original license at a given school.
$125 for an original license for a second site of the same school
chain.
$125 for a renewal license at the same location or chain where
currently licensed.
(4)
AMENDMENTS TO LICENSE
|
HIGHEST TUITION
(TOTAL COST OF PROGRAM)
|
|
GREATER
THAN OR
EQUAL TO
|
BUT
LESS
THAN
|
FEE
|
|
$ 0
|
$ 500
|
$ 60
|
|
$ 500
|
$1,000
|
$ 90
|
|
$1,000+
|
|
$115
|
Change in clock or credit hours,
Change in cost of program,
Change in name of program,
Change in name of school,
Change in location of school, and/or.
Change in mailing address of school.
(5) ARBITRATION PANEL FEE
|
HIGHEST TUITION
(TOTAL COST OF PROGRAM)
|
|
GREATER THAN OR EQUAL TO
|
BUT LESS THAN
|
FEE
|
|
$ 0 additional
|
$1,000
|
$250* for the first hearing of the day $125 for
each
|
|
$1,000+ for each additional
|
$1,000
|
$500* for the first hearing of the day $250
|
*PLUS APPEARANCE FEE for the court reporter shall be charged to a
school involved in an Arbitration Panel Hearing. Any party requesting a
transcript of oral proceedings shall bear the cost of such transcript.
(6) COMPLAINT PROCESSING FEE
$50 shall be submitted to the Board by the school with their
response to the student complaint.
(7) FORM FEES
$ 8 copy of Arkansas Code
6-51-601 et.
al. & current regulations.
$ 50 Application Notebook--contains law, regulations, and
complete set of forms.
$ 1 each page for an original form requested and mailed.
$ 5 each page for an original form requested and faxed.
$ 25 complete set of original forms, mailed.
(8) INSTRUCTOR REGISTRATION FEE
$ 50 per instructor
(9) NEW PROGRAMS OF STUDY - BASED ON HIGHEST
TUITION OF CURRENTLY LICENSED PROGRAMS
|
HIGHEST TUITION
(TOTAL COST OF PROGRAM)
|
|
GREATER THAN OR EQUAL TO
|
BUT LESS THAN
|
FEE PER PROGRAM
|
|
$ 0
|
$ 500
|
60
|
|
$ 500
|
$ 1,000
|
90
|
|
$ 1,000
|
$ 2,000
|
115
|
|
$ 2,000
|
$ 4,000
|
145
|
|
$ 4,000
|
$ 6,000
|
175
|
|
$ 6,000
|
$ 8,000
|
205
|
|
$ 8,000
|
$10,000
|
230
|
|
$10,000
|
$15,000
|
260
|
|
$15,000
|
$20,000
|
290
|
|
$20,000+
|
|
290
|
(10) REAL
ESTATE CONTINUING EDUCATION OUTLINE APPROVAL
|
$ 50
|
per outline submitted.
|
|
$ 10
|
per ARELLO certified outline.
|
(11)
REPLACEMENT OF LICENSE
|
$ 25
|
for each replacement license of an admissions
representative.
|
|
$ 25
|
for each replacement license of a school.
|
(13)
SCHOOL VISIT FEE
IN-STATE
This fee will not be charged to in-state schools for the first
visit during a licensure year.
|
HIGHEST TUITION (TOTAL COST OF PROGRAM)
|
|
GREATER THAN OR EQUAL TO
|
BUT LESS THAN
|
FEE PER DAY
|
|
$ 0
|
- $1,000
|
$50
|
|
$1,000+
|
|
$75
|
OUT-OF-STATE - actual cost not to exceed State-approved rate.
(14) INVOICE FEE
|
$10
|
shall be assessed when the appropriate fee is not
submitted at the time forms are received by the Board and an invoice has to be
issued.
|
(15) BAIL
BONDSMENT BEGINNING AND CONTINUING EDUCATION OUTLINE APPROVAL
|
$ 50
|
per outline submitted.
|
(16)
DOCUMENT REPLACEMENT FEE
|
$25
|
shall be assessed to provide a replacement for a form
sent to the school for completion, i.e. 4500, renewal application, etc.
|
D
MISCELLANEOUS FEES
(1) STUDENT FEE - RECORDS FROM CLOSED SCHOOLS
|
$ 5
|
per student file when processed on the regularly
scheduled date. The fee covers the cost of one (1) official copy of the student
transcript. When additional copies are needed at a later date because the
organization to which the transcript was mailed cannot locate the first copy
the $5 fee will again be assessed.
|
|
$ 10
|
per student file when processed on the regularly
scheduled date and mailed certified return receipt requested. The fee covers
the cost of one (1) official copy of the student transcript.
|
|
$ 1
|
per additional copy of the student
transcript.
|
|
$ 25
|
per student file when processed for next day
availability. The fee covers the cost of one (1) official copy of the student
transcript to be mailed or picked up.
|
|
$ 30
|
per student file when processed for next day
availability. The fee covers the cost of one (1) official copy of the student
transcript to be mailed.
|
|
$ .25
|
per page for each additional page of information copied.
|
(2) COPY
FEE
|
$.25
|
per page for copies of information in a school file that
is open to the public under Freedom of Information.
|
XII.
FINANCIAL INFORMATION
(A) Schools shall have finances to establish
and carry out a program of education on a continuing basis.
The finances shall be sufficient to provide for not less than the
following: utilities (light, gas, water, and telephone) paid, appropriate
textbooks and supplies available at the start of a term, payroll made as
scheduled, etc.
(B) The
school shall maintain satisfactory credit ratings.
(C) When requested, an annual report shall be
submitted to the Board staff providing, but not limited to:
(1) Total tuition contracted for,
(2) Total number of employees, including
staff and faculty,
(3) Approximate
market value of real estate, equipment, and inventory,
AND
(4) Total annual
wages, salaries, and commissions.
(D) Financial information shall be provided
to Board representatives upon request.
(E) Schools, which participate in Federal
Financial Aid programs, shall have on file with the Board the most recent copy
of the audit of such programs as submitted to the Education Department Audit
Agency, Office of Inspector General.
(F) Schools operating with a less than 1:1
ratio of current assets and current liabilities may be requested to submit
additional financial information on a more regular basis than
annually.
(G) Schools seeking
license renewal shall provided:
(1) Schools
with tuition in excess of one-thousand dollars ($1,000) shall annually provide
not less than a copy of the most recent financial statement that:
(a) Was prepared by a certified public
accountant or public account registered with the appropriate Board of public
accountancy,
(b) And includes:
(A) A balance sheet,
(B) A statement of income and retained
earnings,
(C) Statement of cash
flows, AND
(D) Gross amount of
annual student tuition and fees for each school,
(E) As well as, accountant notes to the
financial statement.
(2) Schools with tuition equal to or less
than one-thousand dollars ($1,000) shall submit annual financial information to
include a balance sheet and an income statement with Form 4000.
(3) Hospital-Based schools shall submit
copies of the departmental budgets with Form 4000.
(H) Schools seeking original licensure shall
provided not less than:
(1) Schools with
tuition in excess of one thousand dollars ($1,000) shall provide not less than
a financial statement that was prepared by a certified public accountant or
public account registered with the appropriate Board of public accountancy and
includes not less than a balance sheet. In addition to the balance sheet, the
following shall be included for any school that is licensed in other states:
(a) A statement of income and retained
earnings,
(b) Statement of cash
flows, AND
(c) Gross
amount of annual student tuition and fees for each school,
(d) As well as, accountant notes to the
financial statement.
(2)
Schools with tuition equal to or less than one thousand dollars ($1,000) shall
submit a balance sheet with Form 4000.
(3) Hospital-Based schools shall submit
copies of the departmental budgets Form 4000.
XIII.
HEARINGS
(A) Hearings shall be conducted in accordance
with Board approved policy.
(B)
Oral proceedings shall be recorded by a certified court reporter.
(C) Any party requesting a transcript of oral
proceedings shall bear the cost of such transcript.
(D) All hearings shall be held at the
regularly scheduled Board meetings, unless an emergency exist that would
require immediate attention.
XIV.
INSTRUCTORS
Schools shall provide not less than the following:
(1) The name and proof (official transcript,
certificate, license, etc.) of qualifications of each instructor employed by
the school shall be submitted in the manner and on the forms prescribed by the
Board.
(2) The forms shall be
submitted to the Board Staff at such time as the school applies for approval
and licensing or no later than thirty (30) calendar days after Board approval
of the school. Subsequently, the name and qualifications of each additional
instructor employed shall be supplied to the Board Staff within thirty (30)
calendar days of employment.
(3)
Career Seminar Schools shall be exempt from registration and fees for
instructors.
(4) When completing
the work experience section of an instructor registration form, be aware that
teaching is not work experience directly related to the program in which the
person is teaching.
(5) INSTRUCTORS
AT FLIGHT SCHOOLS shall hold the appropriate type of FAA approved license for
the area in which they are instructing.
(6) INSTRUCTORS OF REAL ESTATE shall be
qualified by meeting either (A), (B) OR (C). In addition to 6 A, B, OR C
instructors of pre-licensure, post-licensure or Arkansas specific continuing
education shall within thirteen (13) months of approval complete the Instructor
Training Institute (ITI) sponsored by the Arkansas Real Estate Commission
(AREC).
After attending the initial ITI, all instructors (including
currently registered) shall complete the ITI at least once every forty-eight
(48) months.
All instructors (including currently registered) shall
demonstrate a thorough, accurate and current knowledge of the subject matter
being taught. The knowledge shall be demonstrated as directed by the
Board.
(A) PRE-LICENSURE INSTRUCTORS:
(i) Have completed courses in real estate of
at least sixty (60) classroom hours at a recognized school, not including
attendance at courses specifically designed for continuing education.
(ii) have a high school diploma or
GED,
(iii) have in Real Estate five
(5) continuous years of work experience within the past five (5) years,
AND
(iv) hold and
maintain a current active Arkansas Real Estate Broker License;
(B) POST-LICENSURE:
(i) have a high school diploma or
GED;
(ii) have in Real Estate five
(5) continuous years of work experience within the past five (5)
years;
(iii) hold and maintain a
current active Arkansas Real Estate Broker License;
(iv) Have completed the post-licensure course
for salespersons and brokers at a recognized school, not including attendance
at courses specifically designed for continuing education;
(v) annually attend not less than two of the
quarterly Real Estate Instructor Workshops held jointly by the Arkansas Real
Estate Commission and State Board of Private Career Education;
(vi) prior to teaching the course attend the
workshop offered by AREC regarding post-licensure education; AND
(vii) prior to reaching and annually attend a
workshop offered by AREC that reviews the changes in forms and contracts
commonly used in Arkansas.
(C) CONTINUING EDCUATION INSTRUCTORS:
(i)
For topics that are Arkansas
specific the instructor shall
(a) Have
completed courses in real estate of at least sixty (60) classroom hours at a
recognized school, not including attendance at courses specifically designed
for continuing education.
(b) have
a high school diploma or GED,
(c)
have in Real Estate five (5) continuous years of work experience within the
past five (5) years, AND
(d) hold and maintain a current active
Arkansas Real Estate Broker License. OR
(e) hold a license to practice law in
Arkansas and be engaged in full-time private practice with a substantial
emphasis in real estate as demonstrated by appropriate documentation.
(f) annually attend not less than two of the
quarterly Real Estate Instructor Workshops held jointly by the Arkansas Real
Estate Commission and State Board of Private Career Education;
(g) prior to teaching and annually attend a
workshop offered by AREC that reviews the changes in forms and contracts
commonly used in Arkansas.
(ii)
For topics that are real estate
general the instructor shall be qualified by
(a) Have completed courses in real estate of
at least sixty (60) classroom hours at a recognized school, not including
attendance at courses specifically designed for continuing education;
(b) have a high school diploma or
GED;
(c) have in Real Estate five
(5) continuous years of work experience within the past five (5) years;
AND
(d)
(i) hold and maintain a current active
Arkansas Real Estate Broker License; OR
(ii) hold and maintain a current active Real
Estate Broker License from another state and are approved as a real estate
instructor in their home state; OR
(iii) hold and maintain an appropriate active
license from another state for the topic teaching and are approved as a real
estate instructor in their home state; OR
(iv) is an approved instructor of courses in
real estate-related subjects offered by the National Association of Realtors,
the National Association of Real Estate Brokers, or their societies,
institutes, or councils or have a Distinguished Real Estate Instructor (DREI)
Designation from the Real Estate Educators Association (REEA).
(D) REAL
ESTATE PANEL DISCUSSIONS AND GUEST SPEAKERS
Panel members and/or guest speakers shall be qualified by work
experience. Panel members and guest speakers shall have a minimum of five (5)
years of on-the-job training in the subject matter being presented. Panel
members and/or guest speakers must be registered with SBPCE on the form and in
the manner prescribed. Panel members and/or guest speakers are not allowed to
participate in the post-licensure course.
(7) Instructors of Bail Bondsmen Education
shall meet at least one of the following requirements:
(a) Hold not less than a baccalaureate degree
in a field directly related to the subject they are teaching; OR
(b)
(i) Hold an associate degree in a field
directly related to the subject they are teaching; AND
(ii) have one (1) year of on-the-job training
directly related to the subject they are teaching; OR
(c)
(i) Hold a high school diploma or certificate
of equivalency;
(ii) shall have
completed a program of instruction at a recognized school in a field directly
related to the subject they are teaching;
(iii) have three (3) years of on-the-job
training directly related to the subject they are teaching;
AND
(iv) hold the
appropriate certificate, license, or rating if the occupation is one requiring
certificate, license, or rating. OR
(d)
(i)
Hold a high school diploma or certificate of equivalency;
(ii) have seven (7) years of on-the-job
training directly related to the subject they are teaching; AND
(iii) hold the appropriate
certificate, license, or rating if the occupation is one requiring certificate,
license, or rating.
Additionally, instructors may be required to attend a designated
Instructor Development Workshop when directed to do so by the SBPCE.
(e) BAIL BONDSMEN PANEL
DISCUSSIONS AND GUEST SPEAKERS
Panel members and/or guest speakers shall be qualified by work
experience. Panel members and guest speakers shall have a minimum of five (5)
years of on-the-job training in the subject matter being presented. Panel
members and/or guest speakers must be registered with SBPCE by submitting the
appropriate forms on Form 3090.
(8) INSTRUCTORS FOR DRIVER EDUCATION TRAINING
shall be qualified by:
(A) Possess a valid
Arkansas driver license;
(B) Have a
high school diploma or a GED;
(C)
Completed a recognized First Aid Class;
(D) Be at least twenty-one (21) years of
age;
(E) Not have a suspended,
canceled, revoked or denied driver license within the past thirty-six (36)
months;
(F) Not reflect more than
eight (8) point violations on driving record; AND
(G)
(i)
Have a minimum of six (6) semester hours of Driver Education;
OR
(ii) Have a minimum
of seventy-two (72) clock hours of documented driver education training;
OR
(iii) Have a
minimum of seven (7) years of work experience, directly related to the program
being taught (such as, but not limited to: experience as in law enforcement,
investigating accidents, etc.)
(9) INSTRUCTORS - OTHER shall be qualified
by:
(A) Hold not less than a baccalaureate
degree in a field directly related to the program in which they are teaching;
OR
(B)
(i) Hold not less than a baccalaureate degree
in a field not directly related to the program in which they are
teaching, AND
(ii)
Have 15 semester hours or equivalent directly related to the program in which
they are teaching; OR
(C)
(i)
Hold not less than a baccalaureate degree in a field not directly
related to the program in which they are teaching, AND
(ii) Have one (1) year of on-the-job training
directly related to the program in which they are teaching;
OR
(D) Hold
an associate degree and have one (1) year of on-the-job training, both of which
shall be directly related to the program in which they are teaching;
OR
(E) Hold an
associate degree not directly related to the program in which they
are teaching and have two (2) years of on-the-job training directly related to
the program in which they are teaching
(F)
(i)
Hold a high school diploma or certificate of equivalency;
(ii) Shall have completed a program of
instruction at a recognized school in a field directly related to the program
in which they are teaching;
(iii)
Have three (3) years of on-the-job training directly related to the program in
which they are teaching; AND
(iv) hold the appropriate certificate,
license, or rating if the occupation is one requiring certificate, license, or
rating. OR
(G)
(i)
Hold a high school diploma or certificate of equivalency;
(ii) Completed required apprenticeship (as
listed in the U.S. Department of Labor Bureau of Apprenticeship) in a field
directly related to the program in which they are teaching; AND
(iii) Have five (5) years
of on-the-job training directly related to the program in which they are
teaching; AND
(iv)
Hold the appropriate certificate, license, or rating if the occupation is one
requiring certificate, license, or rating. OR
(H)
(i)
Hold a high school diploma or certificate of equivalency;
(ii) Have seven (7) years of on-the-job
training directly related to the program in which they are teaching; AND
(iii) Hold the appropriate
certificate, license, or rating if the occupation is one requiring certificate,
license, or rating.
XV.
LEGAL FILINGS
Schools shall report by certified mail or facsimile, all legal
action filed against them or initiated by them, to the Board Staff within
twenty-four (24) hours of notification of the filing, excluding Saturdays,
Sundays, and legal holidays. Updated information shall be submitted
quarterly.
XVI.
RECORDS
Schools shall provide not less than the following:
(A) ATTENDANCE RECORDS
(1) Schools shall have and adhere to a
published attendance policy.
(2)
Attendance shall be recorded in no more than two (2) hour increments; this
requirement does not apply to real estate continuing education classes and
career seminar licenses.
(3) As a
minimum, the policy shall provide that a student not be absent more than
fifteen percent (15%) of any module, quarter, or semester. This fifteen percent
15% policy shall not apply to continuing education programs where a specific
number of hours are required.
(4)
Before implementing any changes in the attendance policy the students and Board
shall be notified in writing.
(5)
Tardiness shall be defined as to how much time equals a tardy, when it becomes
an absent, and how many tardies equal an absence.
(B) COMPLETION CERTIFICATES/DIPLOMA
Schools may award a completion certificate or diploma. If a
certificate or diploma is issued a copy shall be placed in the student's
file.
(C) FINANCIAL RECORDS
- STUDENT
Any funds received from, or on behalf of, a student shall be
recorded in a format that is readily accessible to representatives of the
Board. The funding source and the reason for the charges shall be clearly
identified. The records shall be posted and kept current.
(D) MAINTENANCE OF RECORDS
(1) All schools shall provide for a method of
maintenance of, and access to, the student transcripts indefinitely. Contracts,
financial aid applications, etc. shall be maintained for a period of ten (10)
years after graduation, termination, or withdrawal of the student.
(2) Records shall be maintained in a fire
proof file cabinet for the first three (3) years of the life of the record or
in electronic format with arrangements for a back up copy to be maintained
offsite.
(3) Flight Schools shall
maintain records in accordance with regulations promulgated by FAA.
(4) Student records shall be open for
inspection by authorized representatives of the Board.
(5) The school may retain academic
transcript, diploma, or any pertinent record if a student's financial
obligations are not paid in full.
(6) After graduation, termination, or
withdrawal of the student, the academic and financial aid records shall be
combined into one file.
(7) Schools
offering truck driver training shall maintain records in accordance with rules
and regulations of the Department of Transportation.
(E) PLACEMENT RECORDS
Schools offering job placement assistance shall maintain a record
of efforts of the school to place the student. The record shall include not
less than the:
(1) Name of
student;
(2) Name of program
completed;
(3) Names and addresses
of potential employers to which the student was referred;
AND
(4) The position
in which the student was ultimately employed.
(F) TRANSCRIPTS
(1) Transcripts shall be typed and clearly
labeled with the following information: student name, date of birth, address,
social security number, and program of study or appropriate courses.
(2) The grading system shall be fully
explained on the transcript form.
(3) When appropriate the transcript shall
indicate the degree of skill, speed, or accuracy for programs, which are
measurable in a productive effort.
(4) Transcripts shall be posted within thirty
(30) calendar days of the end of each term or upon withdrawal or completion of
a student. At which time an updated transcript shall be placed in the student's
file.
(5) The transcripts shall
indicate the month(s) and year that each course was taken.
(6) Courses appearing on the transcript shall
be numbered or otherwise designated to indicate the exact course.
XVII.
RECRUITMENT
Schools shall provide not less than the following:
(A) The school shall not advertise programs
other than those licensed by the Board.
(B) All business shall be conducted in such a
manner as to reflect honesty, integrity, and a sense of fair play.
(C) No school employee or official shall
promise employment of any type, for any period of time, nor for any rate of
pay, to a prospective student, unless such conditions for employment are
clearly stated in the enrollment contract signed by the prospective student
and/or the student's parent, guardian, guarantor and by an authorized official
of the school.
(D) No school
employee or official shall attempt in any manner to persuade a prospective
student to cancel an enrollment contract with any other school.
(E) No school employee or official shall
mislead any prospective student by promising anything not covered specifically
in the enrollment contract or printed publications of the school.
(F) The title, content, cost, or objective of
a program proposed by any school employee or official for enrollment of a
prospective student shall not be different from that which is currently
approved by the Board.
(G) A school
employee or official shall not:
(1) Solicit in
public places other than an educational setting, at job fairs, or other
organized meetings;
(2) Offer as an
inducement or enticement, any substantial consideration to a prospective
student prior to enrollment, such as cash, food, housing, or gifts;
(3) Administer the entrance test;
(4) Advise students about financial aid other
than informing the student of the general availability of financial assistance;
AND
(5) Engage in acts or
practices, which have a tendency to intimidate, coerce, or mislead a
prospective student into accepting an enrollment.
(H) A file shall be maintained at the school
with information on all financial inducements for student referrals to
currently enrolled students and scholarships available to all
students.
(I) Schools shall not
offer premiums and/or special inducements to prospective students or enrollees
unless the Board Staff is notified in writing as to the type, purpose, and
monetary value.
(J) Schools shall
not engage in commercial activities for profit, or for any other reason, which
may be construed by the Board as unfair to the students.
XVIII.
SCHOOL - APPLICATION FOR
EXTENSION COURSE SITE
Schools shall provide not less than the following:
(A) Name of course to be offered away from
the school or satellite.
(B) Name
of program to which the course is a part.
(C) Letter explaining where the course is
being offered and if appropriate a copy of the agreement with the site where
the course is offered.
(D) If the
course offered at the extension course site is an externship or clinical site
where students are placed in several businesses or clinics, only a copy of the
agreement with one site shall be submitted to the Board as a sample. A file
containing copies of all other agreements shall be maintained at the school and
available for review by Board approved representatives.
XIX.
SCHOOL - APPLICATION FOR ORIGINAL
LICENSE
Schools shall provide not less than the following:
The application shall set forth and be accompanied by the
appropriate documentation:
(A) The
name and location of the school,
(B) Information on the type of
ownership,
(C) Parent company
information,
(D) Completed forms
for all partners or shareholders with ten percent (10%) or more interest in the
school,
(E) Enrollment application
and student-school contract forms,
(F) Details on each proposed program to
include but not be limited to such information as occupational demand, course
titles, length, cost, and equipment available,
(G) School floor plan, which shall identify
floors, windows, halls, classrooms, offices, rest rooms, and storage space. The
size of each classroom and its seating capacity shall be clearly marked. The
floor plan need not be drawn to scale. Schools offering programs held in public
meeting facilities are exempt from this requirement.
(H) A copy of a fire inspection report that
has been completed within the past six (6) months. Schools offering programs
held in public meeting facilities are exempt from this requirement.
(I) One (1) copy of the current school
catalog/bulletin, in printed form (determination or interpretation of school
policy shall be based on the most recent catalog/bulletin on file with the
Board).
(J) A sample copy of the
completion certificate that will be awarded to students and a sample copy of a
student transcript .
XX.
SCHOOL - APPLICATION FOR RENEWAL LICENSE
Schools shall provide not less than the following:
The renewal application accompanied by the following:
(A) One (1) copy of the current
catalog/bulletin (determination or interpretation of school policy shall be
based on the most recent catalog/bulletin on file with the Board).
(B) Certified list of all instructors on the
form provided by the Board Staff.
(C) Certified list of all admissions
representatives on the form provided by the Board Staff.
(D) Any supplementary data necessary to bring
up-to-date areas of school activities, improvements and/or responsibilities not
covered elsewhere.
XXI.
SCHOOL - CATALOG/BULLETIN
Schools shall provide not less than the following:
(A)
(1)
Name and address of the school,
(2)
Publication date of catalog/bulletin,
(3) Indication that the information contained
in the catalog/bulletin is expected to remain effective during the forthcoming
licensure year, AND
(4) Certification that the Board will receive
advance notice in the event of changes in the content of the
catalog/bulletin.
(B) A
calendar of the school showing beginning and ending dates for each school year,
semester, quarter, term and/or session, vacation periods, and holidays observed
by the school.
(C) School policies
covering leave, excused and unexcused absences, make-up work, tardiness,
satisfactory progress and grading system. Each policy shall have specified
limits concerning probation and termination of enrollment.
(D) Enrollment prerequisites for each program
offered and the policy of the school relative to the granting of credit for
previous education, training and/or work experience.
(E) Cost of each program offered and what is
covered in the cost.
(F) The school
refund policy.
(G) An outline of
each program for which approval is requested, showing courses and the number of
clock or credit hours to be earned by the student in each course of the
program.
(H) A description of the
available space, facilities and equipment.
(I) When a program is no longer offered on a
permanent basis the program shall be removed from the catalog/bulletin or
stamped "Not Offered".
XXII.
SCHOOL - LICENSE - GENERAL
REQUIREMENTS
Schools shall provide not less than the following:
(A) Schools desiring to offer training shall
file the appropriate application for licensure with the Board staff in the
manner and on the forms prescribed. Incomplete applications may cause a delay
in the licensing process.
(B) All
school licenses issued shall expire the last day of August.
(C) Schools shall have facilities, equipment,
instructional materials, instructional staff, and other personnel to provide
educational services necessary to meet the stated objectives for which the
educational services are offered.
(D) Schools shall designate an authorized
school official.
(E) Requirements
set by the Board to address specific minimum standards for programs shall be
met.
(F) Schools located outside
Arkansas shall be currently approved and/or recognized by the appropriate
approving agency of the state wherein the school is located.
(G) Schools shall place the Board on the
school's mailing list.
(H)
Applications should be received in the Board office the first working day of
the month prior to the month the Board meets.
(I) Any license issued shall be restricted to
the programs submitted on the application.
(J) Schools shall offer only those programs
and special courses, which it has been licensed to offer. Each school shall
post at the beginning of any term the schedule of courses being offered during
the term and each student enrolled therein shall be furnished with a list of
the courses they are expected to attend in order to meet program
requirements.
(K) After a license
is issued to a school by the Board on the basis of its application, it shall be
the responsibility of the school to notify the Board Staff of any changes in
the current license. The following items shall be reported and approval granted
prior to the effective date of such change:
(1) New Program of Study;
(2) In clock/credit hours;
(3) In cost of program;
(4) In name of program;
(5) In name of school,
(6) In location of school, and/or.
(7) In mailing address of school.
(L)
(1) A license is not transferable to a new
owner. Anyone purchasing a licensed school shall make application for an
original license.
(2) In addition
to the original application the following information shall be provided:
(a) A copy of the sales contract or
agreement, which includes:
(i) Acceptance by
the purchaser for all refund liabilities which may have arisen during the
operation of the school by the seller or any other former owner.
(ii) A statement to the effect that the sale
is subject to approval by the Board.
(iii) Assumption by the purchaser of the
liabilities, duties and obligations under the enrollment contracts between the
students and the seller, which the seller is obligated to provide on or after
the effective date of the sale.
(b) Articles of Incorporation, minutes of the
Board of directors, or other evidence that the individuals acting as agent for
the buyer and seller has authority to make the transaction,
(c) Any bills of sales or promissory notes
associated with the contract, AND
(d) If the closing date for the transaction
has passed, evidence that each party has complied or is presently complying
with the contract.
(M)
(1)
Programs shall be reported in clock or credit hours. Documentation supporting
conversion of credit hours shall be on file at the school and open for
inspection by authorized representatives of the Board.
(2) Clock hour shall be a period of sixty
(60) minutes with a minimum of fifty (50) minutes of instruction.
(3) The Board shall accept the schools stated
clock/credit hour conversion as equitable and as meeting minimum requirements
if such policy does not provide less than the following:
(a) SEMESTER CREDIT HOURS:
One semester credit hour for each fifteen (15) hours of classroom
contact plus appropriate outside preparation or the equivalent;
OR
One semester credit hour for each thirty (30) hours of laboratory
work plus appropriate outside preparation; OR
One semester credit hour for not fewer than forty- five (45)
hours of externship/shop instruction (contact hours) or the equivalent.
(b) QUARTER CREDIT HOURS
One quarter credit hour for each ten (10) hours of classroom
contact plus appropriate outside preparation or the equivalent;
OR
One quarter credit hour for each twenty (20) hours of laboratory
work plus appropriate outside preparation; OR
One quarter credit hour for not fewer than thirty (30) hours of
externship/shop instruction (contact hours) or the equivalent.
(N)
(1) A general statement shall be required
annually including but not limited to the total number of students enrolled and
completing programs during the most recent twelve-month period ending on June
30.
(2) Schools located in Arkansas
shall report total number of students, including out-of-state
students.
(3) Schools located out
of Arkansas shall report only the number of students from Arkansas.
(O) If the Board receives a "hot
check" the check must be replaced by a money order or cashiers check. After a
check is replaced the Board will not accept checks drawn on the school for five
(5) years, only a money order or cashiers check will be accepted.
(P) No school shall incorporate the name
"University" unless they are seeking to offer both undergraduate and graduate
programs through the Institutional and Program Certification of the Arkansas
Department of Higher Education. At the time of application with the Board, the
school shall provide a letter from the Arkansas Department of Higher Education
stating that the school meets the criteria to use the word "University" in
their name. If this letter is not available at the time of application with the
Board the word "University" shall not be approved. At such time as the letter
is available, the Board will officially change the school title to include the
word "University" at no cost to the school.
(Q) A notice of hearing to come before the
Board may be issued at any time the Board Staff has to request additional
information to complete applications or other forms and the information is not
received by the date stated in the request.
(R) Each school facility shall have an
operating business telephone.
(S)
No school shall require a student to sign a blank form of any kind.
(T) The Board Staff shall request additional
information as needed when incomplete applications of any type are submitted.
Failure to provide information to complete the application shall result in an
application being held no longer than sixty (60) calendar days. Failure to
complete the licensing procedure shall result in a new application packet and
fees being required.
(U) Equipment
requirements.
(1) The equipment required for
instruction shall be determined by the program objective. The equipment shall
be comparable to that commonly found in business and industry offering
employment in the occupation for which the instruction is being
offered.
(2) The school shall
provide adequate equipment in good working order for the intended instructional
purpose. Equipment not in working order shall be removed from the instructional
area, marked as out-of-order, or properly identified as awaiting
repair.
(3) The school equipment
shall be of sufficient quality and quantity to meet the maximum use
requirements of the current students, as demanded by the activity patterns of
the training program.
(V)
A copy of the program outline, schedule of tuition, fees and other charges, and
the policies pertaining to absences, conduct, grading, satisfactory progress,
refund policy, and rules of operation, as well as a copy of the complaint
procedure, shall be provided to the student upon attendance of class in the
program.
(W) All student conference
forms must be signed by the student, school official and dated or indicate why
the student did not sign the form and maintain proof of attempted
delivery.
XXIII.
SCHOOL - VISIT
(A) Licensed
schools and schools seeking approval may be visited by an authorized
representative of the Board. The visit may be made with or without prior
notification. The representative may inspect the premises, curriculum, teaching
materials, faculty performance, sales literature, or any other matters, which
are relevant to the education procedures, or business activities of a licensed
school or admissions representative.
(B) The cost for each on-site visit shall be
paid by the school (see Fee Section for explanation).
XXIV.
STUDENT PROTECTION FUND
(SPF)
(A) Fees for the SPF shall be
collected annually for a period of time commensurate with the licensing
year.
(B) SPF assessment shall be
paid within thirty (30) calendar days of billing.
(C) Schools seeking original licensure after
September 1, 1989 shall make payments to the SPF equal to the number of
payments made by those schools licensed on September 1, 1989.
(D) The fees for the SPF shall be:
(1) ORIGINAL
SPF Fee at the time of application for an original license shall
be determined by adding together the tuition charged by the organization for
each program offered. This total is multiplied by 5% to determine the amount
due, but shall not be less than fifty dollars ($50).
TOTAL TUITION FOR EACH PROGRAM * .05 = AMOUNT DUE
(2) RENEWAL
SPF Fee at the time of application for a renewal license shall be
determined by considering the following factors, but shall not be less than
twenty five dollars ($25):
(i) number
of students enrolled from July 1 through June 30 as reported
annually;
(ii) current tuition of
the program; and
(iii) length of
the program.
(a) IF THE PROGRAM IS LESS than
or equal to 30 clock hours then:
ENROLLMENT * TUITION = TOTAL * .0001 = AMOUNT DUE
(b) IF THE PROGRAM IS GREATER THAN
30 CLOCK HOURS AND LESS than or equal to 60 credit hours or 1200 clock hours
then:
ENROLLMENT * TUITION = TOTAL * .001 = AMOUNT DUE
(c) IF THE PROGRAM IS GREATER than
60 credit hours or 1200 clock hours then:
ENROLLMENT * TUITION = TOTAL * .0005 = AMOUNT DUE
XXV.
BAIL BONDSMEN BEGINNING AND
CONTINUING EDUCATION
(A) CONTENT
APPROVAL
The following procedure shall be followed in the review of
Beginning and Continuing Education course outlines:
(1) All outlines for beginning and continuing
education shall be submitted to SBPCE for review and recommendation to
APBBLB.
(2) Properly completed
course outlines for currently approved schools must be received by the first
working day in September by SBPCE for consideration by the APBBLB no later than
December.
(3) Schools seeking first
time approval for course outlines shall submit the appropriate forms for
committee review, SBPCE and APBBLB approval prior to offering the
class.
(4) Revisions to currently
approved outlines will be considered as needed.
(5) The committee will review the proposed
course outlines and revisions and will rate them as recommend for:
Approval, Conditional Approval, or Disapproval.
(a) Approval - Outlines receiving committee
recommendation will be forwarded to the APBBLB for consideration.
(b) Conditional Approval - Providers
submitting outlines, which receive a rating of conditional approval by the
committee will be given an opportunity to correct the deficiencies cited.
Failure to correct the deficiencies, or to meet the deadline for correcting the
deficiencies, will result in the outline being recommended to the APBBLB for
disapproval.
(c) Disapproval -
Those outlines receiving committee recommendation for disapproval will be
forwarded to the APBBLB for consideration.
(6) SBPCE will issue providers a beginning
and/or continuing education number upon approval of the course outline by the
APBBLB.
(B) REPORTING
REQUIREMENTS
(1) Attendance list shall be
submitted to the APBBLB within two weeks of course completion.
(2) Students who have satisfactorily
completed a course shall be awarded a certificate of attendance. The following
information must be on the certificate:
(a)
Name of school or sponsor,
(b)
Course outline approval number (as assigned by SBPCE),
(c) Name of student (as licensed with
APBBLB),
(d) License number (use
Social Security number if license number is unknown),
(e) Course title,
(f) Course location,
(g) Course date(s),
(h) Number of classroom hours of instruction
(as approved by APBBLB),
(i)
Instructor's signature, and
(j)
Size of certificate shall be 8 1/2" x 11".
(3) Approval for course outlines will expire
on December 31 following the year in which issued.
(C) BAIL BONDSMEN GENERAL REQUIREMENTS
No more than 25% or 100 minutes of an eight (8) classroom hour
course can be devoted to the use of a video. An approved instructor shall be
present in the classroom during the playing of the video.
Time devoted to breakfasts, luncheons, and/or dinners offered
during a class cannot be counted as continuing education.
No more than 120 continuous minutes of education may be offered
without a minimum ten (10) minute break.
No more than 25% or 100 minutes of an eight (8) classroom hour
course may be presented by a panel discussion or an individual guest speaker.
An approved instructor shall be present in the classroom during the panel
and/or guest speaker presentation. Videos to be presented during a class shall
be submitted for review by the committee and/or APBBLB.
A bail company shall not be allowed to offer qualifying
beginning or continuing education. An approved instructor shall determine
satisfactory completion of a course.
The instructor has the authority to set classroom procedures
regarding phones, pagers, smoking, etc. Credit shall not be granted for
lifetime experiences.
According to ARKANSAS CODE
17-19-402(b)(1)
"The Professional Bail Bond Company and Professional Bail Bondsman Licensing
Board or its designee shall establish a schedule of fees to be paid by each
bail bondman for the educational training.
(2) Such schedule of fees shall be subject to
approval of the board." The instructor has the authority to ask for photo
identification of any person to determine that the correct person is in
attendance.
XXVI.
REAL ESTATE
(A) CONTENT APPROVAL CONTINUING EDUCATION
(1) From the list of topics identified by the
Arkansas Real Estate Commission (AREC), one or more topics must be selected for
inclusion in the outline. Outlines approved for six (6) hours SHALL include the
required topic of not less than one (1) hour (60 minutes) unless waived by AREC
and approved by SBPCE. Outlines approved for three (3) hours MAY include the
required topic of not less than one (1) hour (60 minutes). Certificates of one
(1) hour may be issued for the required topic by schools with ARELLO
certification of three (3) hour courses.
(2) The proposed course outline must be
submitted on the forms and with the appropriate fee, as prescribed by the
SBPCE.
(3) Properly completed
course outlines must be received by the first working day of the month prior to
the month the Board meets.
(4) A
committee will review the proposed course outline. This Review Committee will
recommend Approval, Pending Approval or Disapproval of outlines.
Approval - Those outlines receiving committee recommendation for
approval will be forwarded to the SBPCE for consideration at the regular Board
meeting for that month.
Pending Approval - Providers submitting outlines which receive
Pending Approval by the committee will be given an opportunity to correct the
deficiencies cited. The request for additional information/clarification will
be faxed to the provider. A copy of the request will also be mailed. The
provider will have three (3) days to provide the requested information. Failure
to meet this deadline shall result in the Review Committee recommending the
outline for disapproval.
(c)
Disapproval - Any outlines that have been disapproved shall be resubmitted as
new outlines with the appropriate fees and forms.
(5) Final approval by the SBPCE will be
reported to providers as soon as possible after consideration by the
Board.
(6) Approval for course
outlines will be valid until December 31 of the current real estate licensing
year for classroom continuing education.
(7) Approval for course outlines that have
ARELLO approval will be valid until the expiration of the
certification.
(8) Outlines shall
be submitted requesting approval of not less than three (3) hours or more than
six (6) hours of education.
(B) DISTANCE EDUCATION INSTRUCTION
(1) Only courses that have the appropriate
ARELLO certification will be accepted for real estate education in
Arkansas.
(2) A final examination
shall be completed by the student.
(3) The final examination shall be completed
without the assistance of, or collaboration with, another person or any source
other than the approved continuing education instructor or the material
provided with the course.
(4) The
final examination shall be developed as directed by the Board. The student
shall send to the school with the appropriate documentation a copy of photo
identification such as a driver's license.
(5) The student shall complete a notarized
affidavit that they completed the final exam without assistance, as supplied by
the school, and return it with their completed examination to the organization
offering the correspondence course.
(6) Organizations receiving approval to offer
courses in real estate continuing education through correspondence study will
be required to:
(a) Certify to the AREC, on
the forms and in the manner prescribed, that each licensee receiving credit for
the course, has taken and satisfactorily passed an examination on the
correspondence study material.
(b)
Indicate on licensee's certificate of completion that the course was completed
by correspondence study.
(7) Each student that takes a correspondence
course that is offered by use of a textbook shall receive a book to keep.
(C) REAL ESTATE GENERAL
REQUIREMENTS
(1) Time devoted to breakfasts,
luncheons, and/or dinners offered during a class shall not be counted as
continuing education.
(2) No more
than 120 continuous minutes of education may be offered without a minimum ten
(10) minute break.
(3) No more than
50% or 150 minutes of a six (6) classroom hour course may be presented by a
panel discussion or by a guest speaker(s). An approved instructor shall be
present in the classroom during the panel and/or guest speaker(s) presentation.
Panel members and/or guest speakers are not allowed to participate in the
Broker course.
(4) An approved
instructor shall determine satisfactory completion of a course.
(5) Prior to each class the following
statement shall be read: NO BEEPERS, PHONES, OUTSIDE READING MATERIALS, OR
ANYTHING OTHER THAN COURSE MATERIALS WILL BE ALLOWED IN ANY REAL ESTATE
CONTINUING EDUCATION CLASS. REAL ESTATE CONTINUING EDUCATION CERTIFICATES SHALL
NOT BE AWARDED TO ANY ATTENDEE WHO DOES NOT COMPLY WITH COMMISSION REGULATIONS
REQUIRING ATTENDANCE AND PARTICIPATION.
(6) Not less than 300 minutes of instruction
shall be conducted or supervised by an approved instructor(s) for a course to
be counted for continuing education. An individual student shall not receive
credit if they miss more than 10% of the approved classroom hours.
(7) The instructor or sponsor shall provide a
copy of the Real Estate Continuing Education course outline as approved by
SBPCE to each student taking the course.
(8) The instructor has the authority to ask
for photo identification of any person to determine that the correct person is
in attendance.
(9) Post-licensure
education shall only be presented by classroom instruction.
(10) Any real estate class that is offered
and has an attendance of over forty (40) participants shall have on file an
approved monitoring plan with the Arkansas Real Estate Commission. The plan
shall be filed not less than fourteen (14) days prior to the course
offering,
(11) Not less than 48
hours prior to offering a real estate continuing education or post-licensure
class the Board Staff shall be notified, on the form and in the manner
prescribed, of not less than the location and start time of the
course.
(12) No more than six (6)
classroom hours of post-licensure education shall be offered in one (1) day
without a minimum of a thirty (30) minute break between modules.
(13) No more than one and a-half (1 ½
) modules of post-licensure education shall be offered in one day.
(D) REPORTING REQUIREMENTS
(1) Attendance list shall be submitted to
AREC within two (2) weeks of course completion and contain the original
signature of the instructor or sponsor of the course.
(2) Students who have satisfactorily
completed a course shall be awarded a certificate of attendance. The following
information must be on the certificate:
(a)
Name of school or sponsor,
(b)
Course outline approval number (as assigned by SBPCE),
(c) Name of student (as licensed with
AREC),
(d) Real Estate License
number (use Social Security number if license number is unknown),
(e) Course title (as approved by SBPCE - if
offered by correspondence, title must include "Correspondence
Course"),
(f) Course
location,
(g) Course dates (for
correspondence courses this shall be the date the course was
completed),
(h) Number of classroom
hours of instruction (as approved by SBPCE),
(i) Instructor's or sponsor's signature (does
not have to be original signature),
(j) The CLASSROOM CERTIFICATES shall have the
following statement and provide a place for the licensee's signature: "This is
to certify that I attended and completed the course identified above which
included a minimum of 6 classroom hours of instruction."
(k) The CORRESPONDENCE CERTIFICATES shall
have the following statement and provide a place for the licensee's signature:
"This is to certify that I personally completed the correspondence course
identified above. I also certify that I answered all examination questions
without the assistance of or collaboration with another person or any source
other than the approved continuing education instructor or the material
provided with the course."
(l) Size
of certificate shall be 8 1/2 x 11 inches.
XXVII.
DRIVER
EDUCATION
A. TRAINING - STUDENTS UNDER
THE AGE OF 18
(1) Students must be at least
fourteen (14) chronological years of age.
(2) Students shall obtain and have in their
possession a valid learner's permit when receiving behind-the-wheel instruction
on public streets and highways.
(3)
Students taking drivers education under the age of eighteen (18) shall receive
a minimum of forty (40) hours of class room and behind-the-wheel instruction.
The program shall consist of
(a) Thirty (30)
hours or more of classroom instruction on driving techniques and rules of the
road in Arkansas. Six (6) of the thirty hours shall include instruction on
traffic law changes that have occurred within the last ten (10)
years;
(b) The program shall
include a minimum of six (6) hours of actual driving in the vehicle, while
accompanied by and under the supervision of a qualified Driver Education
instructor; and
(c) The program
shall include a minimum of four (4) hours of actual driving in the vehicle,
while accompanied by a parent or legal guardian. Two (2) of the four (4) hours
shall be nighttime driving.
(4) The classroom hours may be offered by
correspondence and shall consist of:
(a) A
maximum of twenty-eight (28) hours of correspondence work; and
(b) A minimum of two (2) hours or more of
classroom instruction on driving techniques and rules of the road in
Arkansas.
B.
DRIVER EDUCATION TRAINING - GENERAL
(1)
Students taking drivers education as beginning drivers and are eighteen (18)
years of age or older shall receive a minimum of thirty (30) hours of classroom
instruction and/or a minimum of six (6) hours of actual driving in the vehicle,
while accompanied by and under the supervision of a qualified Driver Education
instructor.
(2) Persons taking
defensive driving courses shall receive a minimum of eight (8) hours of
classroom instruction or a minimum of four (4) hours of classroom instruction
and a minimum of one (1) hour of actual driving in the vehicle and one (1) hour
of observation, while accompanied by and under the supervision of a qualified
Driver Education instructor. The course shall include coverage of Arkansas
Vehicle Code and other laws of this state relating to the operation of motor
vehicles.
C. PRESCRIBED
COURSE OF STUDY FOR BEGINNERS
A prescribed course of study of Driver Education shall be
designed to develop knowledge of those provisions of the Arkansas Vehicle Code
and other laws of this state relating to the operation of motor vehicles,
acceptance of personal responsibility in traffic, appreciation of the causes,
seriousness, and consequences of traffic accidents, and to develop the
knowledge, attitudes, habits, and skills necessary for the safe operation of
motor vehicles.
Using an appropriate textbook and/or other material, instruction
shall include, but not be limited to, the following:
(a) Signs, signals, highway markings, and
highway design;
Rules of the road, state laws, and local ordinances;
Driving attitude toward motorcyclists, bicyclists, and
pedestrians;
(d) Basic
driving maneuvers;
(e) Operation of
motor vehicle on streets and highways;
(f) Familiarity with the Arkansas Driver's
Manual;
(g) Insurance law of the
State;
(h) Financial
responsibility;
(i) Seat belt use
and laws;
(j) Effect of natural
laws on driving;
(k) Alcohol and
drug substance abuse and the effect on driving;
(l) Basic vehicle maintenance including fluid
levels, tire pressure, and lighting systems;
(m) Skills:
(i) Starting;
(ii) Backing;
(iii) Parallel parking;
(iv) Hill parking;
(v) Starting on a hill;
(vi) Intersection movement and
observance;
(vii) Lane observance
and changing;
(viii) left and right
turns;
(ix) Pedestrian and vehicle
right-of-way;
(x) Proper use of
automatic and/or standard transmission;
(xi) Use of brake and accelerator;
AND
(xii) Traffic
lights or signals.
D. VEHICLE INSURANCE
(1) Each training vehicle shall have proof of
a motor vehicle liability insurance policy with the following minimum limits:
Bodily injury and death benefits of $100,000 for any one person
and $200,000 for two or more person in any one accident;
(b) Property damage coverage of $100,000;
AND
(c) Medical,
hospital, and disability benefits (economic loss coverage) of $100,000 per
person, $300,000 aggregate.
(2) Each policy shall be for a minimum of six
(6) months. Proof of renewal of each policy shall be submitted to the
Board.
(3) In the event the
insurance coverage is cancelled, a copy of the written notice of cancellation
must be furnished forthwith to the Board by registered or certified mail.
Behind-the-wheel instruction will be immediately suspended until proper
verification of insurance is provided to the Board Staff.
E. VEHICLE SPECIFICATIONS
(1) Each vehicle used for training shall have
a current registration with the state in which it is licensed.
(2) Each vehicle used for training shall be
maintained in a safe operating condition at all times. Tires and brakes shall
be in good working order at all times. A maintenance log must be maintained and
up-to-date for each vehicle.
(3)
Each driver-training vehicle used by a school shall be equipped with the
following operational equipment:
(a) One extra
foot brake;
(b) One extra rearview
mirror placed on the inside of the windshield on the right side;
(c) Two outside rear/side view mirrors one on
each side of the vehicle mounted on each front door;
(d) One extra clutch, if the vehicle is
equipped with a clutch and manual transmission;
(e) Seat belts with shoulder restraints for
all seating positions in the vehicle;
(f) Cushions for the proper seating of
students when necessary;
(g) Heater
and defroster in working condition;
(h) Seat adjustments that move easily and
smoothly and secure after moving;
(i) Door locks; AND
(j) Bear a conspicuously displayed sign
containing the words 'STUDENT DRIVER".
(4) Each vehicle shall be equipped with signs
containing the name of the school and telephone number which may be affixed to
either side of the vehicle or the rear deck lid or rear panel of the vehicle,
provided the sign does not interfere with or detract from the required STUDENT
DRIVER sign.
(5) No more than three
(3) students may be in the vehicle during behind-the-wheel
instruction.
(6) Vehicles when used
in defensive driving classes are not required to have the signs as required in
(3)(j) or (4).
