Rule 520-2-.05. Sanctions and Citations

1. (1) Violations.Any violation of the provisions of this Chapter, any falsification or misrepresentation on the application for approval or renewal, or any falsification or misrepresentation of any other reports, certifications, or applications required to be submitted by this Chapter may result in withdrawal of approval or any other sanction permitted by O.C.G.A. Section 43-40-25 or any citation permitted by O.C.G.A. Section 43-40-25.2.
2. (2) Schools. Any prelicensing school whose annual percentage of students passing the real estate examination falls ten percentage points or more below the percent of total examinees passing the state real estate examination in any calendar year may have its approval withdrawn or have one of the sanctions allowed by O.C.G.A. § 43-40-25 imposed on it or any citation permitted by O.C.G.A. § 43-40-25.2.
3. (3) Instructors. If an instructor or an application for instructor has a real estate license and that license is sanctioned by the Commission, such sanction may be grounds for Commission withdrawal of approval or denial of approval as an instructor.

4. (4) Hearings. Before imposing any sanction for a violation of this Chapter, the Commission shall afford a hearing in accordance with the "Georgia Administrative Procedure Act" O.C.G.A. Chapter 50-13 to the school or instructor allegedly violating this Chapter.

   see also O.C.G.A. §§ 43-40-2, 43-40-8, & 43-40-25.

Authority: O.C.G.A. Secs. 43-40-2, 43-40-8. 43-40-25.

History. Original Rule entitled "Examinations" adopted as ER. 520-2-0.2-.05. F. and eff. July 5, 1974, as specified by the Agency.

Amended: Permanent Rule of same title adopted. F. Sept. 26, 1975; eff. Oct. 16, 1975.

Repealed: New Rule entitled "Correspondence Course" adopted. F. June 13, 1979; eff. July 3, 1979.

Amended: F. June 5, 1980; eff. July 1, 1980, as specified by the Agency. A

Amended: F. Aug. 5, 1982; eff. Nov. 1, 1982, as specified by the Agency.

Repealed: New Rule entitled "Correspondence Courses" adopted. F. Nov. 14, 1983; eff. Jan. 1, 1984, as specified by the Agency.

Repealed: New Rule of same title adopted. F. July 10, 1986; eff. January 1, 1987, as specified by the Agency.

Amended: F. Jan. 14, 1988, eff. Feb. 3, 1988.

Amended: F. June 7, 1988; eff. July 1, 1988, as specified by the Agency.

Repealed: New Rule entitled "Independent Study Courses" adopted. F. Nov. 16, 1990; eff. Dec. 6, 1990.

Amended: F. June 13, 1991; eff. July 3, 1991.

Amended: F. June 14, 1996; eff. July 4, 1996.

Amended: Rule retitled "Computer-Based Courses". F. Nov. 14, 1996; eff. Jan. 1, 1997, as specified by the Agency.

Amended: F. Feb. 14, 2002; eff. Mar. 6, 2002.

Repealed: New Rule entitled "Sanctions" adopted. F. May 2, 2005; eff. May 22, 2005.

Amended: Title changed to "Sanctions and Citations." F. Jan. 24, 2014; eff. Feb. 15, 2014, as specified by the Agency.