Haw. Code R. § 16-99-53 - Application for registration

(a) A registration shall be granted to the owner for a specific school registered under a particular name to teach specific real estate courses.

(b) Application for the initial registration of a school shall be made to the commission not less than ninety days before the opening date of the school.

(c) The following shall accompany an application:

(1) Current certificates of clearance from the county building department, the county fire department, and the state department of health for each classroom;

(2) A description of the courses to be offered which contains the course title, curriculum, curriculum objectives in student performance terms, evaluative procedure to be used to demonstrate the accomplishment of the curriculum objectives and procedures for student evaluation of the instructor;

(3) A copy of the student enrollment or student registration form;

(4) A copy of the school catalogue or brochures and a statement of the content of advertising and the media to be used;

(5) A schedule of all fees, tuition, and charges to be made, including the advance deposit charged per student and statement of refund procedures;

(6) The name and qualifications of the school's principal;

(7) The names of the school's instructors and the instructors' teaching qualifications and experience;

(8) A surety bond to the commission conditioned for the protection of the contractual rights of real estate students in an amount equal to the sum of:

(A) The maximum number of students permitted in each broker classroom as determined by the county building department multiplied by the advance deposit charged per student for the broker course multiplied by the maximum number of broker courses to be held at any one time during the first year of the school's registration; and

(B) The maximum number of students permitted in each salesperson classroom as determined by the county building department multiplied by the advance deposit charged per student for the salesperson course multiplied by the maximum number of salesperson courses to be held at any one time during the first year of the school's registration. In no event shall the amount of the bond be less than $2,000. The bond shall be issued by a surety authorized to do business in the State. An accredited college or university shall not be required to submit to the commission a surety bond or license fee as required by this section;

(C) No bond shall be required to cover real estate students only enrolled in an independent study course delivered electronically or as approved by the commission;

(9) A license fee;

(10) A statement of ethical practices;

(11) If the applicant is a partnership, the names of the partners in the entity and a copy of the partnership agreement;

(12) If the applicant is a corporation, the names of any persons who own five per cent or more of the stock of the entity, and a copy of the articles of incorporation; and

(13) Other additional information as may be required by the commission.

(d) A school shall not begin operation until it has registered with the commission.

(e) A school shall not solicit students until it has registered with the commission. However, a school in the process of obtaining a license may advertise 'subject to completion of all registration requirements" and the statement shall be a part of all representations.

(f) A school shall limit its course offerings to courses approved by the commission.

(g) The registration of a school shall expire at the end of every even-numbered year. Registrations shall be renewed biennially by the commission-prescribed deadline.

(h) A school ceasing to operate shall so inform the commission and shall surrender its registration within thirty days after cessation of operations. The registration of such a school shall be canceled automatically thirty days after cessation of operations unless a longer period of inactivity has been applied for in writing and approved by the commission. For the purposes of this subsection, "a school ceasing to operate" means a school which has not held any classes for a period of three months.

(i) A registered school shall not conduct classes when it has been notified by the appropriate county agency that the conditions existing at the school's facilities violate county building, fire, or health codes. The school may resume its operations when it has remedied the violation.

Notes

Haw. Code R. § 16-99-53

[Eff and comp 3/3/84; am 10/3/85; am and comp 11/3/90; comp 2/25/91; am and comp 5/21/01] (Auth: HRS §§ 467-4, 467-25.5) (Imp: HRS § 467-25.5) Am and Comp 12/19/2016