1. (a) In making a determination under authority of section 10153.5 of the Code as to whether a course of study at a private vocational school is equivalent in quality to real estate courses offered by colleges and universities accredited by the Western Association of Schools and Colleges, the commissioner shall consider, but shall not be limited to the following criteria:

   1. (1) An attended course must provide at least 45 periods of classroom instruction, each of which shall be not less than 50 minutes duration. A correspondence course shall consist of not less than 15 separate lesson assignments.

      1. (B) A correspondence course must provide for a final examination administered and supervised by a person designated by the school for that purpose. The school shall send the final examination materials to the person so designated and the completed final examination shall be returned to the school by the person so designated.

      (2)(A) An attended course must provide for a final examination administered and supervised by the school in a classroom setting.

   2. (3) The school must provide instructors, instructional material and classroom facilities adequate to achieve the objective of the course offered.
   3. (4) The school shall maintain records for each student sufficient to allow for the preparation of a duplicate certificate upon request by a student.
   4. (5) The school shall not use advertising or other promotional devices that are deceptive or misleading.

   5. (6) The school shall, within 15 days of a student's successful completion of the course, deliver a document to the student evidencing such completion. The document shall contain the following information:

      1. (A) Bureau of Real Estate course approval number.
      2. (B) Name of student.
      3. (C) Course title.
      4. (D) Dates of course completion.

      5. (E) Name and address of school.

         The school may include such additional information in this document as it deems necessary.

   6. (7) The school shall have an appropriate method of assessing student knowledge of the subject, such as, but not limited to, multiple choice, essay or oral examinations.

   7. (8) Instructors must have credentials issued by the Board of Governors of the California Community Colleges or by a comparable California teacher-credentialing agency or meet the qualifications established in Sections 53400 et seq. of Title 5. The commissioner may approve instructors who in his or her judgment meet the qualifications, or who otherwise evidence their teaching qualifications by education or experience or a combination of the two. An instructor shall not teach a course if the instructor:

      1. (A) Does not satisfy the criteria in this subdivision.
      2. (B) Has engaged in any violation of Article 24 (commencing with Section 3000) of these regulations or has engaged in conduct which would have warranted the denial of an application for approval or withdrawal of approval of an equivalent course of study.
      3. (C) As a real estate licensee has had that license suspended, revoked or restricted as a result of disciplinary action.
      4. (D) Acted or conducted himself or herself in a manner which would have warranted the denial of his or her application for a real estate license.
   8. (9) Beginning on January 1, 2004, the school shall notify each student that an evaluation form is available on the Bureau's internet website for on-line evaluation of courses and instructors.
2. (b) The simultaneous instruction of two or more students in one of the courses enumerated in sections 10153.2, 10153.3 or 10153.4 of the Code constitutes a “private vocational school” as that term is used in section 10153.5.

Note: Authority cited: Section 10080, Business and Professions Code. Reference: Section 10153.5, Business and Professions Code.

History

1. New section filed 12-10-71; designated effective 3-6-72 (Register 71, No. 50).

2. Amendment filed 1-17-80; effective thirtieth day thereafter (Register 80, No. 3).

3. Editorial correction in subsection (c) (Register 80, No. 28).

4. Amendment of subsection (c) filed 12-1-81; designated effective 1-1-82 (Register 81, No. 49).

5. Repealer and new section filed 7-1-83; effective thirtieth day thereafter (Register 83, No. 30).

6. Amendment of subsection (a)(1) filed 1-11-84; effective thirtieth day thereafter (Register 84, No. 2).

7. Amendment of subsection (a) filed 4-2-86; effective thirtieth day thereafter (Register 86, No. 14).

8. Amendment filed 11-16-87; operative 12-16-87 (Register 87, No. 47).

9. Amendment of subsection (a) filed 5-4-89; operative 6-3-89 (Register 89, No. 23).

10. Amendment of subsections (a) and (b) filed 7-12-91; operative 8-11-91 (Register 91, No. 44).

11. New subsections (a)(2)-(5) and subsection renumbering to subsections (a)(6)-(12) filed 4-7-92; operative 5-7-92 (Register 92, No. 14).

12. Amendment filed 11-13-96; operative 11-13-96 pursuant to Government Code section 11343.4(d) (Register 96, No. 46).

13. Amendment of subsection (a)(4) filed 12-30-97; operative 1-29-98 (Register 98, No. 1).

14. New subsections (a)(8)-(9) filed 9-5-2003; operative 10-5-2003 (Register 2003, No. 36).

15. Change without regulatory effect amending subsections (a)(6)(A) and (a)(9) filed 6-30-2014 pursuant to section 100, title 1, California Code of Regulations (Register 2014, No. 27).