1. (1) Affirmative duties. A school's owners and directors shall:

   1. (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;

   2. (b)(i) provide instructors of prelicensing courses with the state-approved course outline; and

      1. (ii) ensure that any prelicensing course adheres to the topics mandated in the state-approved course outline;
   3. (c) ensure that each instructor complies with Section R162-2f-401e.

   4. (d) before accepting payment from a prospective student for a prelicensing education course:

      1. (i) provide the criminal history disclosure statement described in Subsection R162-2f-206a(3)(d);
      2. (ii) obtain the student's signature on the criminal history disclosure; and
      3. (iii) have the enrollee verify that an education waiver has not been obtained from the division;

   5. (e)(i) retain signed criminal history disclosures for a minimum of three years from the date of course completion; and

      1. (ii) make the signed criminal history disclosures available for inspection by the division upon request;

   6. (f) maintain for a minimum of three years after enrollment:

      1. (i) the registration record of each student;
      2. (ii) the attendance record of each student; and
      3. (iii) any other prescribed information regarding the offering, including exam results, if any;

   7. (g) ensure that course topics are taught only by:

      1. (i) certified instructors; or
      2. (ii) guest lecturers;

   8. (h)(i) limit the use of approved guest lecturers to a total of 20% of the instructional hours per approved course; and

      1. (ii) before using a guest lecturer to teach a portion of a course, document for the division the professional qualifications of the guest lecturer;
      2. (i) furnish to the division an updated roster of the school's approved instructors and guest lecturers each time there is a change;

   9. (j) within ten days of teaching a course, upload course completion information for any student who:

      1. (i) successfully completes the course; and
      2. (ii) provides an accurate name or license number within seven business days of attending the course;

   10. (k) substantiate, upon request by the division, any claims made in advertising; and

       1. (l) include in all advertising materials the continuing education course certification number issued by the division.

2. (2) Prohibited conduct. A provider may not:

   1. (a) award continuing education credit for a course that has not been certified by the division before its being taught;

   2. (b) award continuing education credit to any student who fails to:

      1. (i) attend a minimum of 90% of the required class time; or
      2. (ii) pass a prelicense course final examination;
   3. (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;
   4. (d) allow a student to challenge by examination any course or part of a course in lieu of attendance;

   5. (e) allow a course approved for traditional education to be:

      1. (i) taught in a private residence; or
      2. (ii) completed through home study;
   6. (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;
   7. (g) disseminate advertisements or public notices that are false or disparage the dignity and integrity of the real estate profession;

   8. (h) make false or disparaging remarks about a competitor's services or methods of operation;

      1. (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;
   9. (j) give valuable consideration to a real estate brokerage or licensee for referring students to the school;

   10. (k) accept valuable consideration from a real estate brokerage or licensee for referring students to the brokerage;

       1. (l) allow real estate brokerages to solicit for agents at the school during class time, including the student break time;
   11. (m) obligate or require students to attend any event in which a brokerage solicits for agents;
   12. (n) award more than eight credit hours per day per student;

   13. (o) advertise or market a continuing education course that has not been:

       1. (i) approved by the division; and
       2. (ii) issued a current continuing education course certification number; or
   14. (p) advertise, market, or promote a continuing education course with language indicating that division certification is pending or otherwise forthcoming.

KEY: real estate business, operational requirements, trust account records, notification requirements

Date of Last Change: August 16, 2023

Notice of Continuation: February 5, 2025

Authorizing, and Implemented or Interpreted Law: 61-2f-103(1); 61-2f-105; 61-2f-203(1)(e); 61-2f-206(3); 61-2f-206(4)(a); 61-2f-306; 61-2f-307