Utah Admin. Code R162-2f-401d - School and Provider Conduct
(1)
Affirmative duties. A school's owners and directors shall:
(a) within 15 days after the occurrence of
any material change in the information provided to the division under
Subsection R162-2f-206a(2)(a),
give the division written notice of that change;
(b)
(i)
provide instructors of prelicensing courses with the state-approved course
outline; and
(ii) ensure that any
prelicensing course adheres to the topics mandated in the state-approved course
outline;
(c) ensure that
each instructor complies with Section
R162-2f-401e.
(d) before accepting payment from a
prospective student for a prelicensing education course:
(i) provide the criminal history disclosure
statement described in Subsection
R162-2f-206a(3)(d);
(ii) obtain the student's signature on the
criminal history disclosure; and
(iii) have the enrollee verify that an
education waiver has not been obtained from the division;
(e)
(i)
retain signed criminal history disclosures for a minimum of three years from
the date of course completion; and
(ii) make the signed criminal history
disclosures available for inspection by the division upon request;
(f) maintain for a minimum of
three years after enrollment:
(i) the
registration record of each student;
(ii) the attendance record of each student;
and
(iii) any other prescribed
information regarding the offering, including exam results, if any;
(g) ensure that course topics are
taught only by:
(i) certified instructors;
or
(ii) guest lecturers;
(h)
(i) limit the use of approved guest lecturers
to a total of 20% of the instructional hours per approved course; and
(ii) before using a guest lecturer to teach a
portion of a course, document for the division the professional qualifications
of the guest lecturer;
(i) furnish to the division an updated roster
of the school's approved instructors and guest lecturers each time there is a
change;
(j) within ten days of
teaching a course, upload course completion information for any student who:
(i) successfully completes the course;
and
(ii) provides an accurate name
or license number within seven business days of attending the course;
(k) substantiate, upon request by
the division, any claims made in advertising; and
(1) include in all advertising materials the
continuing education course certification number issued by the
division.
(2) Prohibited conduct. A
provider may not:
(a) award continuing
education credit for a course that has not been certified by the division
before its being taught;
(b) award
continuing education credit to any student who fails to:
(i) attend a minimum of 90% of the required
class time; or
(ii) pass a
prelicense course final examination;
(c) accept a student for a reduced number of
hours without first having a written statement from the division defining the
exact number of hours the student must complete;
(d) allow a student to challenge by
examination any course or part of a course in lieu of attendance;
(e) allow a course approved for traditional
education to be:
(i) taught in a private
residence; or
(ii) completed
through home study;
(f)
make a misrepresentation about a competing school or continuing education
provider including a misrepresentation regarding personnel, a course of
instruction, or a business practice;
(g) disseminate advertisements or public
notices that are false or disparage the dignity and integrity of the real
estate profession;
(h) make false
or disparaging remarks about a competitor's services or methods of
operation;
(i) attempt by any means
to obtain or use the questions on the prelicensing examinations unless the
questions have been dropped from the current exam bank;
(j) give valuable consideration to a real
estate brokerage or licensee for referring students to the school;
(k) accept valuable consideration from a real
estate brokerage or licensee for referring students to the brokerage;
(l) allow real estate brokerages to solicit
for agents at the school during class time, including the student break
time;
(m) obligate or require
students to attend any event in which a brokerage solicits for
agents;
(n) award more than eight
credit hours per day per student;
(o) advertise or market a continuing
education course that has not been:
(i)
approved by the division; and
(ii)
issued a current continuing education course certification number; or
(p) advertise, market, or promote
a continuing education course with language indicating that division
certification is pending or otherwise forthcoming.
Notes
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