A real estate education provider shall obtain the
Commission's approval before commencing operations in this Commonwealth. To
obtain approval from the Commission, the real estate education provider
shall:
(1) Be owned by persons who
possess good moral character or, if the owner is a corporation, have officers
and directors who meet this requirement.
(2) Have a name that is acceptable to the
Commission.
(3) Have a director of
operations who meets the requirements of §
35.342 (relating to approval of
real estate educational director).
(4) Designate a person or entity to serve as
custodian of records if the real estate education provider were to terminate
operations.
(5) Post a surety bond
of $10,000 to the Commonwealth for the protection of the contractual rights of
the real estate education provider's students.
(6) Submit a completed real estate education
provider approval application to the Commission with:
(i) A completed real estate education
provider owner application with:
(A) A resume
of the applicant's experience in owning, administrating or teaching in an
accredited college as defined in §
35.201 (relating to definitions)
or as a real estate education provider.
(B) Two letters of reference from responsible
persons relating to the applicant's integrity and to the applicant's previous
experience, if any, in the administration of an educational program.
(C) Certified copies of court documents
related to a conviction of, or plea of guilty or nolo contendere to, a felony
or misdemeanor and the sentence imposed.
(ii) A completed real estate education
provider director application with:
(A)
Credentials evidencing the qualifications required of the applicant under
§
35.342.
(B) Certified copies of court documents
related to conviction of, or plea of guilty or nolo contendere to, a felony or
misdemeanor and the sentence imposed.
(iii) A fictitious name registration, if the
real estate education provider has a fictitious name.
(iv) A copy of the registration documentation
approved by the Department's Corporation Bureau, if the real estate education
provider is a corporation, limited liability partnership, limited partnership
or limited liability company.
(v) A
copy of the surety bond required under paragraph (5).
(vi) A copy of the student enrollment
agreement.
(vii) A copy of the
school transcript.
(viii) A
statement of the prerequisites for admission.
(ix) A statement of policy regarding refund
of tuition and other fees.
(x) The
approval fee prescribed in §
35.203 (relating to
fees).
(xi) For the main school
location and each proposed satellite location, a sketch or photograph of the
real estate education provider's sign.
Notes
The
provisions of this § 35.341 adopted February 24, 1989, effective
2/25/1989, 19 Pa.B. 781; amended
June 10, 1994, effective 6/11/1994, 24 Pa.B. 2904; amended December 10,
2004, effective 12/11/2004, 34
Pa.B. 6530; corrected March 4, 2005, effective 12/11/2004, 35 Pa.B. 1567; amended December
21, 2012, effective 12/22/2012,
42 Pa.B. 7647.
The provisions of this § 35.341 issued under the
Real Estate Licensing and Registration Act (63 P. S. §§
455.101-455.902); amended under
section 404.1 of the Real Estate Licensing and Registration Act (63 P. S. §
455.404a).
This section cited in 49 Pa. Code §
35.271 (relating to examination
for broker's license); 49 Pa. Code §
35.272 (relating to examination
for salesperson's license); 49 Pa. Code §
35.273 (relating to examination
for cemetery broker's license); 49 Pa. Code §
35.275 (relating to examination
for rental listing referral agent's license); 49 Pa. Code §
35.342 (relating to approval of
educational director); 49 Pa. Code §
35.344 (relating to withdrawal of
real estate education provider or director approval); 49 Pa. Code §
35.354 (relating to prohibited
forms of advertising and solicitation); and 49 Pa. Code §
35.385 (relating to continuing
education providers).
