N.M. Code R. § 16.61.15.12 – Approval of Instructors

A. Commission approved course instructors. Instructors must be approved by the commission before teaching courses. The following requirements apply to all commission approved instructors.
1. (1) Be honest, truthful, reputable, professional, and competent.
(2) Submit a commission-approved application before presenting the course to the committee.
1. (3) Complete a commission approved instructor training course within one year of being initially approved as an instructor and every three years thereafter. Instructors who fail to submit documentation of completion of the instructor-training course will not be re-certified.
2. (4) Provide copies of student handouts during their course presentation.
3. (5) Make a minimum 15 minute presentation to the committee exhibiting their teaching skills and knowledge of the subject matter, and be prepared to answer questions. Presentations must conform to the generally accepted principles of education (GAPE) as established by the real estate educators’ association (REEA).
B. Pre-licensing instructors. Pre-licensing courses include: real estate law, real estate principles and practices, broker basics and brokerage office administration. In addition to Subsection A. above, these instructor candidates must:
1. (1) pass the New Mexico broker’s examination with a minimum score of 84 within the previous three years from the date of application;
2. (2) audit the course they wish to teach before being approved as an instructor for that course; documentation of having audited the course must be submitted with the candidate’s application;
3. (3) broker basics: be approved to teach real estate law and real estate principles and practice;
4. (4) brokerage office administration: be approved to teach real estate law and real estate principles and practice and broker basics; in addition, candidates must also have two-year’s experience as a qualifying broker in New Mexico or another licensing jurisdiction.
C. Core course instructors. In addition to Subsection A. above core course instructor candidates must:
1. (1) Successfully complete a core course training class recommended by the committee and approved by the commission; and
2. (2) Teach the current core course twice for no compensation; teamed with two different approved core course instructors designated by the commission executive secretary or commission education administrator; and receive “above average” evaluations in both courses, and
3. (3) Appear before and be approved by the committee, including presentation to the committee of a component of the current year’s core class; and
4. (4) Appear before the commission, and be sworn in, and
5. (5) Ensure that the core course materials the applicant presents includes the materials approved by the commission for the current calendar year that is being taught.
D. Qualifying broker refresher course instructors. In addition to Subsection A above, qualifying broker refresher course instructor candidates must comply with one of the following:
1. (1) be a currently approved instructor for real estate law and real estate principles and practice and broker basics and be a qualifying broker or would qualify to be one; or
2. (2) be approved to teach the core course and be a qualifying broker.
E. New broker business practices post-licensing course instructors. In addition to Subsection A above, new broker business practices course instructors must:
1. (1) have two years’ experience as an active qualifying broker with supervisory responsibilities or two years actively licensed as an associate broker and served in the capacity as a trainer for the brokerage, or two years actively licensed as an associate broker and be approved as a continuing education instructor;
2. (2) attend, when offered, a commission approved train-the-trainer on how to instruct the post-licensing course and attend, when offered, a periodic update of the course offered by the commission or the commission contractor; and
F. Committee approval process. The committee will make its recommendation to the commission to grant or deny instructor approval. If the application is denied, a written evaluation to the candidate will provide specific reasons for denial and recommendations for improvement. An instructor candidate not recommended for approval by the committee may ask the commission to review the committee’s unfavorable recommendation.
G. Post-approval requirements. After approval all instructors must comply with the following:
1. (1) pay applicable fee(s);
2. (2) conduct all classes in accordance with commission rules and educational policies;
3. (3) ensure all instruction is free from all misrepresentation, solicitations of products and recruitment;
4. (4) conform to commission-approved course content requirements; and
5. (5) allow access to any class to any duly appointed representative of the commission.
H. Instructor approval expiration and re-certification.
1. (1) Expiration. Instructor approvals expire on the same three-year cycle as the instructor’s broker’s license. If an instructor is not a real estate broker, then the expiration will be three years from the date of initial approval.
2. (2) Re-certification. Instructors seeking re-certification shall:
  1. (a) submit the commission-approved form;
  2. (b) submit documentation of having completed a commission-approved instructor training course;
  3. (c) an instructor who has not taught a course in the preceding three year instructor renewal cycle will not be recertified to teach that course; an instructor may submit at the time of renewal, a written request to the committee to be re-certified to teach that course; the written request must specify how the instructor has remained current on the course material, and must include the course outline and course material.
I. Failure to comply with this part may result in the loss of instructor approval.
HISTORY OF 16.61.15 NMAC:
Pre-NMAC History:
The material in this part was derived from that previously filed with the state records center and archives under: Rule No. 7, Education: Accreditation of Sponsors/ Courses/Instructors, filed 12/18/1987;
NMREC Rule 7, Education: Accreditation of Sponsors/Courses/Instructors, filed 10/3/1994.
History of Repealed Material:
16 NMAC 61.15, Continuing Education: Accreditation of Sponsors; Courses; Instructors (filed 6/25/1997) repealed 1/1/2000.
16.61.15 NMAC, Continuing Education: Approval of Sponsors, Courses, and Instructors (filed 11/30/2001) repealed 1/1/2006.
16.61.15 NMAC, Continuing Education: Approval of Sponsors, Courses, and Instructors (filed 11/16/2005) repealed 1/1/2007.
16.61.15 NMAC, Approval of Real Estate Courses, Sponsors, and Instructors (filed 11/16/2006) repealed 1/1/2012.
Other History:
NMREC Rule 7, Education: Accreditation of Sponsors/Courses/Instructors (filed 10/3/1994) was reformatted, renumbered, and replaced by 16 NMAC 61.15, Continuing Education: Approval of Sponsors, Courses, Instructors, effective 8/15/1997.
16 NMAC 61.15, Continuing Education: Accreditation of Sponsors; Courses; Instructors (filed 6/25/1997) was replaced by 16 NMAC 61.15, Continuing Education: Approval of Sponsors, Courses, Instructors, effective 1/1/2000.
16 NMAC 61.15, Continuing Education: Approval of Sponsors, Courses, and Instructors (filed 12/10/1999) reformatted, amended, renumbered, and replaced by 16.61.15 NMAC, Continuing Education: Approval of Sponsors, Courses, and Instructors, effective 1/1/2002.
16.61.15 NMAC, Continuing Education: Approval of Sponsors, Courses, and Instructors (filed 11/30/2001) replaced by 16.61.15 NMAC, Continuing Education: Approval of Sponsors, Courses, and Instructors, effective 1/1/2006.
16.61.15 NMAC, Continuing Education: Approval of Sponsors, Courses, and Instructors (filed 11/16/2005) replaced by 16.61.15 NMAC, Approval of Real Estate Courses, Sponsors, and Instructors, effective 1/1/2007.
16.61.15 NMAC, Approval of Real Estate Courses, Sponsors, and Instructors (filed 11/16/2006) replaced by 16.61.15 NMAC, Approval of Real Estate Courses, Sponsors, and Instructors, effective 1/1/2012.

[16.61.15.12 NMAC - Rp, 16.61.15.12 NMAC, A 1/1/2017; A, 1/1/2019]