PROPOSED RULEMAKING
STATE REAL ESTATE COMMISSION
[49 PA. CODE CH. 35]
Education
[33 Pa.B. 4571] The State Real Estate Commission (Commission) proposes to amend Chapter 35 to read as set forth in Annex A.
A. Effective Date
The proposed rulemaking will be effective upon publication of the final-form rulemaking in the Pennsylvania Bulletin.
B. Statutory Authority
The amendments are proposed under the authority of sections 402, 404, 404.1 and 513 of the Real Estate Licensing and Registration Act (RELRA) (63 P. S. §§ 455.402, 455.404, 455.404a and 455.513).
C. Purpose and Background
As part of its on-going review of its regulations, the Commission amended §§ 35.201--35.327 at 30 Pa.B. 5954 (November 18, 2000). This proposed rulemaking will amend and update the remaining regulations (§§ 35.252--35.392), many of which were last amended at 19 Pa.B. 781 (February 25, 1989) and 24 Pa.B. 2904 (June 11, 1994).
The Commission proposes to amend § 35.252 (relating to termination of business of deceased broker with sole proprietorship) and add §§ 35.253 and 35.254 (relating to replacement of broker of record due to death; and substitution of broker or broker of record due to illness or injury) to address practice when the broker or broker of record dies or is incapacitated for a significant time due to illness or injury. The Commission also proposes to address licensees' and applicants' desire to complete their prelicensure and continuing education requirements at a date, place and time most convenient to them. Under current regulations, these education requirements may only be satisfied in a traditional classroom setting. Given the importance of the Internet to real estate practice as well as the trend in other real estate licensing jurisdictions to permit distance education, the Commission proposes liberalizing the delivery system for real estate prelicensure and continuing education courses (§§ 35.201 and 35.358 (relating to definitions; and administration of curriculum)).
Lastly, the Commission proposes consolidating duplicative prelicensure and continuing education provisions and revising outdated, burdensome and unnecessary provider requirements (§§ 35.203, 35.228, 35.229, 35.271--35.273, 35.275, 35.341--35.344, 35.351--35.363 and 35.381--35.392).
D. Description of Proposed Amendments
1. Death or injury of broker/broker of record
Section 35.252 addresses the termination of a sole proprietorship when the broker dies. Subsection (b) contains the rules which must be followed by an appointed broker during the termination period. Paragraph (3) requires that all agreements of sale or lease pending at the time of the sole proprietor's death consummate within the 90-day period. Currently, pending agreements or leases that do not consummate within this time frame have to be terminated and transferred to another broker resulting in unreasonable delay for the parties in the transaction. To eliminate the delay and unnecessary paperwork, the Commission proposes permitting pending agreements of sale or lease to proceed to consummation beyond the 90-day termination period. Because paragraph (1) prohibits the appointed broker from entering into new agreements, the Commission believes that there will not be any harm, but rather convenience, to the public by extending the termination period.
New §§ 35.253 and 35.254 address the instances when the broker of record of a corporation or partnership dies or is incapacitated due to illness or injury. Both track the requirements of § 35.252(a) and do not require that the business be terminated. Rather, as in the case of a sole proprietorship, the proposed sections would require a partner or corporate officer to notify the Commission of the broker of record's death, illness or injury and appoint another broker of record, in the case of death, or an interim broker, in the case of illness or injury.
2. Prelicensure and Continuing Education
Section 402 of the RELRA grants the Commission authority over real estate schools and the courses taught at the schools. In addition, section 404.1(c) of the RELRA grants the Commission authority over the courses, materials, locations and instructors for continuing education.
A. Consolidation
Currently, the regulations relating to real estate education are divided into two separate subchapters: Subchapter F (relating to real estate schools) addresses the prelicensure requirements and Subchapter H (relating to continuing education) addresses the continuing education requirements. Because many of the provisions are either substantially similar or redundant, the Commission proposes to consolidate these provisions into one subchapter and replace all references to real estate ''schools'' with real estate ''education providers.'' The following chart outlines the consolidation.
Current Section Subject Matter Consolidated
Into
§ 35.387 Administration of curriculum § 35.358 § 35.388 Facilities § 35.352 § 35.389 Instructors § 35.353 § 35.390 Advertising, solicitation and promotion §§ 35.354 and 35.355 § 35.391 Course transcripts and certificates of instruction § 35.359 § 35.392 Inspections § 35.362 Provisions specifically applicable only to continuing education remain in Subchapter H.
B. Simplify/Liberalize Processes
As part of this proposed rulemaking, the Commission proposes to streamline the approval process for educational providers, permit applicants for licensure and licensees to complete their educational requirements by traditional and distance education learning programs and liberalize the continuing education requirements for all licensees.
(i) Real Estate Education Providers
Section 35.341(5) (relating to approval of real estate school) requires providers to post a surety bond for the greater of $10,000 or the maximum number of students expected to be enrolled on any one day in the first year of operation times the amount of the tuition. The Commission proposes eliminating the per-student calculation and simply requiring providers to post a $10,000 bond. The Commission believes that this amount sufficiently protects the student's contractual rights.
Section 35.341(6)(i)(D) and (ii)(B) requires providers to provide the Commission with complete details about any criminal convictions on their applications for approval. Upon being notified of the conviction, the Commission requests certified copies of the conviction documents. To streamline the process, the Commission proposes requiring applicants to provide the conviction documents at the time of the application. Similarly, current paragraph (6)(vi)--(viii) and (xi) requires providers to attach copies of student enrollment agreements, transcripts, a statement of prerequisites and a photograph or sketch of the sign with their application. Because the inspector reviews this information again during the inspection prior to licensure, the Commission proposes eliminating this duplicative requirement.
Section 35.342 (relating to approval of school director) addresses the approval of the director. The regulations are silent, however, on whether a provider may continue operation when the director dies, withdraws or is terminated. To provide guidance to providers on this issue, the Commission proposes adding subsection (d). This provision would permit an interim director, upon notice to the Commission, to operate for up to 90 days following the death, withdrawal or termination of the director. The interim director would not be permitted to make changes to the curriculum, testing or facilities. After 90 days, continued operation is contingent upon approval of a director under subsection (a) or (b).
The Commission also proposes technical amendments to § 35.344(b)(1) and (5) (relating to withdrawal of school or director approval). Rather than simply using the term ''incompetency'' to describe when the Commission may withdraw a director's approval, paragraph (1) would delineate that the conduct must demonstrate bad faith, dishonesty, untrustworthiness or incompetency. Similarly, rather than simply using the terms ''involving moral turpitude,'' paragraph (5) would be modified to parallel the language in section 604(a)(14) of the RELRA (63 P. S. § 455.604(a)(14)), regarding convictions.
Current §§ 35.351 and 35.351a (relating to duty of school director; and assistant school director) address the requirements for a director and assistant director. In the proposed rulemaking, the Commission seeks to clarify the requirements of a director and eliminate the regulation governing assistant directors. The Commission believes that because the RELRA does not contain provisions delineating the qualifications or responsibilities for assistant directors, no regulation is necessary. In addition, since the director has the ultimate responsibility for the education provider, the director may decide which responsibilities to delegate to the assistant director.
The Commission also proposes to eliminate unnecessary facility requirements in § 35.352 (relating to location and facilities). So long as the location or facility is suitable for classroom space and does not share office, instruction or common space with a real estate franchise, network or organization, the Commission believes that it is unnecessary to regulate the amount of floor or air space mentioned in paragraphs (5) and (6). Similarly, the Commission proposes to remove the requirement in subsection (c) that a lease be in effect when the school is in session as this is a private contractual matter between the school and the landlord.
Current § 35.353 (relating to selection of instructors) assigns a complicated point system in the selection of instructors. The proposed rulemaking would eliminate the point system and the dual teaching and experience requirement and reduce the number of years of teaching or practical experience needed from 5 years to 3 years. The Commission believes that the current requirement is confusing, onerous and does not guarantee better instruction. The Commission is satisfied that an instructor who has an undergraduate, graduate or postgraduate degree or 3 years of practical or teaching experience in the subject matter of the course to be taught is sufficiently qualified.
The Commission also seeks to simplify the documentation that an instructor must provide to the Commission. Current § 35.353(c) requires instructors to submit certified documents from educational institutions and real estate organizations attesting to the applicant's acquisition of diplomas, degrees and industry designations and completion of continuing education programs and courses as well as letters from teaching supervisors certifying the applicant's past satisfactory performance as an instructor. Since these documents are viewed during the educational provider's inspection, the Commission would amend this provision to simply require providers to maintain documentation substantiating education or experience rather than submit them to the Commission.
Current § 35.354(b) (relating to prohibited forms of advertising and solicitation) requires the educational provider to post a sign advising students that recruiting for employment opportunities is prohibited. However, the Commission understands that instruction often occurs in multiple locations. Therefore, the Commission proposes eliminating the sign requirement and instead requiring that students be provided with written documentation about this prohibition with the other course materials.
Current § 35.357 (relating to student enrollment agreements) sets forth a sample student enrollment agreement. To avoid private contractual matters between providers and students and because the agreement is exemplary and not mandatory, the Commission proposes deleting this section.
(ii) Traditional and Distance Education
In addition to consolidating the prelicensure and continuing education requirements, the Commission proposes increasing the types of programs that licensees and applicants may complete to meet their educational requirements. Currently, applicants and licensees may only complete these requirements by means of traditional methods--in a live classroom setting. This proposed rulemaking would permit applicants and licensees to learn by means of traditional and distance education learning programs.
Distance education is currently accepted in the majority of jurisdictions in the United States and Canada. In 39 of these jurisdictions, 34 within the United States, course content is reviewed and approved by the jurisdiction while the delivery system is reviewed and approved by the Association of Real Estate License Law Officials (ARELLO).
Like traditional learning programs, distance learning programs fall into two categories: instructor-led learning and independent learning. The distinction between the categories depends upon the amount of interactivity between instructors, students/learners and content in the learning process. Instructor-led learning provides significant ongoing interactive feedback from the instructor to the participant during the learning process, while independent learning permits the participant to learn a real estate subject with no contact with the instructor.
To account for the various learning methods, the Commission proposes amending § 35.358. Subsection (a)(1) would be amended to clarify that instructor-led learning may not exceed 7 1/2 hours of instruction per day. Subsection (a)(2), which permits home study and correspondence courses in Commission-permitted instances, would be deleted since these courses fall within distance learning. Subsection (a)(3) and (6) would be moved to new subsection (b), which deals exclusively with prelicensure requirements.
The Commission also proposes to add subsection (a)(4). Like the 39 other jurisdictions that permit distance learning, the new provision would require that the course content comply with § 35.384 (relating to qualifying courses; required and elective topics) and that the delivery system be approved by ARELLO or another certifying body with similar approval standards approved by the Commission. Although there are currently no other certifying bodies, in drafting this proposed rulemaking, the Commission wants to ensure that if another acceptable certifying body becomes available the regulations would not have to be amended further.
(iii) Continuing education.
Current continuing education requirements are found in Subchapter H. Section 35.383 (relating to waiver of continuing education requirement) requires licensees seeking to renew their licenses, with the exception of those listed in § 35.383, to complete 14 hours of continuing education from an approved sponsor specified in current § 35.385 (relating to approved continuing education providers). The 14 hours are currently broken down into a 7 1/2-hour mandatory course developed by the Commission and a 7 1/2-hour elective described in § 35.384(b) and (c).
The Commission proposes to shorten the length of the continuing education programs. Under the current regulation, licensees are required to complete their continuing education in 7 1/2-hour increments. In this proposed rulemaking, the Commission proposes reducing the minimum hours in § 35.384(a) from 7 1/2 hours to 3 1/2 hours. The Commission believes that the reduced hours will enable licensees to learn more efficiently.
In addition, the Commission proposes to eliminate the mandatory course requirement in § 35.384(b) in all but prenotified instances and replace it with all elective courses. Except for instances where the RELRA or the regulations have been substantively modified or where, in the Commission's view, licensees require specific Commission-guidance, the Commission believes that licensees should be able to take continuing education in subjects that directly benefit their practice or interest.
Under current § 35.385, an applicant for a waiver of the continuing education requirement submits a request with the biennial renewal application. In the event that the Commission would deny the request, the applicant must cease practice until the continuing education is completed. The Commission proposes changing the deadline for submission of the waiver request to March 31, rather than at the time of the renewal. By adjusting the submission deadline, the Commission would be able to approve or deny the applications at its April meeting and advise each applicant in time for the applicant to complete the missing hours prior to the May 31 renewal deadline. The Commission believes that this time frame would be of assistance to applicants because they would be able to obtain the requisite hours without having to cease practice.
The Commission also proposes to expand the list of acceptable topics in § 35.384 to include real estate investment analysis, management of real estate brokerage operations, property development, real estate securities and syndication, real property exchange, broker courses encompassing supervisory duties and standards of conduct and practice contained in Subchapter E (relating to standards of conduct and practice), marketing promotion and advertising of real estate inventory and use of technology in delivering real estate services. The Commission believes that these courses are valuable given licensees' current practice.
E. Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on September 3, 2003, the Board submitted a copy of this proposed rulemaking and a copy of a Regulatory Analysis Form to the Independent Regulatory Review Commission (IRRC) and to the Chairpersons of the Senate Consumer Protection and Professional Licensure Committee and the House Professional Licensure Committee. A copy of this material is available to the public upon request.
Under section 5(g) of the Regulatory Review Act, IRRC may convey any comments, recommendations or objections to the proposed rulemaking within 30 days of the close of the public comment period. The comments, recommendations or objections shall specify the regulatory review criteria which have not been met. The Regulatory Review Act specifies detailed procedures for review, prior to final publication of the rulemaking, by the Board, the General Assembly and the Governor of comments, recommendations or objections raised.
F. Fiscal Impact and Paperwork Requirements
The proposed rulemaking should have no fiscal impact on the Commonwealth, its political subdivisions or the public, that is, the regulated community. The proposed rulemaking should reduce the legal, accounting, reporting or other paperwork requirements on the regulated community.
G. Public Comment
Interested persons are invited to submit written comments, recommendations or objections regarding the proposed rulemaking to Judith Pachter Schulder, Counsel, State Real Estate Commission, 116 Pine Street, P. O. Box 2649, Harrisburg, PA 17105-2649 within 30 days following publication of this proposed rulemaking in the Pennsylvania Bulletin.
HELEN M. BILLAK,
ChairpersonFiscal Note: 16A-561. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 49. PROFESSIONAL AND VOCATIONAL STANDARDS
PART I. DEPARTMENT OF STATE
Subpart A. PROFESSIONAL AND OCCUPATIONAL AFFAIRS
CHAPTER 35. STATE REAL ESTATE COMMISSION
Subchapter B. GENERAL PROVISIONS § 35.201. Definitions.
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
* * * * * Distance education--Real estate instruction delivered in an independent or instructor-led format during which the student and the instruction are separated by distance and sometimes time.
* * * * * Independent learning--An interactive educational program, including computer-based technology courses, that provides no contact with an instructor.
* * * * * Instructor-led learning--An interactive educational program, including a classroom or simulated classroom, that provides significant ongoing contact from the instructor to the participant during the learning process.
* * * * * Real estate [school] education provider--[An individual or entity that conducts classes in] A person or institution who offers real estate [subjects. The term does not include a college, university or institute] education regardless of whether the learning is instructor-led or independent, excluding colleges, universities or institutes of higher learning accredited by the Middle States Association of Colleges and Secondary Schools or equivalent accreditation.
* * * * * § 35.203. Fees.
The following fees are charged by the Commission:
* * * * * Approval of real estate [school] education provider $120
Reinspection of real estate [school] education provider after first failure $65
Annual renewal of approval of real estate [school] education provider $250 plus $10 for each satellite location, course and instructor* * * * * Change of ownership or directorship of real estate [school] education provider $75
Change of name of real estate [school] education provider $45
Change of location of real estate [school] education provider $70
Addition of satellite location or instructor for real estate [school] education provider $20
Addition of course for real estate [school] education provider $25* * * * *
Subchapter C. LICENSURE
LICENSURE REQUIREMENTS § 35.228. Licensure as campground membership salesperson.
(a) An individual who wants to obtain a Pennsylvania campground membership salesperson's license shall:
* * * * * (2) Have successfully completed the one-credit (15 hours), Commission-developed course titled Campground Membership Sales, provided the following conditions are met:
* * * * * (ii) The course was taught at an accredited college, university or institute of higher learning in this Commonwealth or a real estate [school] education provider in this Commonwealth approved by the Commission.
* * * * * § 35.229. Licensure as time-share salesperson.
(a) An individual who wants to obtain a Pennsylvania time-share salesperson's license shall:
* * * * * (2) Have successfully completed the two-credit (30 hours), Commission-developed course titled Time Share Sales, provided the following conditions are met:
* * * * * (ii) The course was taught at an accredited college, university or institute of higher learning in this Commonwealth or a real estate [school] education provider in this Commonwealth approved by the Commission.
* * * * *
STATUS OF LICENSURE § 35.252. Termination of business of deceased broker with sole proprietorship.
(a) Within 15 days following the death of a broker with a sole proprietorship, the deceased broker's estate [may] shall notify the Commission that [it] the estate has appointed another licensed broker to supervise the termination of the deceased broker's business [for 90 days following the appointment]. The appointment is subject to verification that the appointed broker has a current license.
(b) The appointed broker shall observe the following rules during the [90-day] termination period:
* * * * * (2) Unexpired listing agreements may be promoted unless the seller or lessor elects to cancel the agreement. Unexpired listings will expire automatically [at the conclusion of the 90-day termination period] 90 days after the broker dies and may not be renewed.
* * * * * § 35.253. Replacement of broker of record due to death.
Within 15 days following the death of a broker of record, a partner or corporate officer shall file an application with the Commission designating another individual to serve as broker of record.
§ 35.254. Substitution of broker or broker of record due to illness or injury.
If a broker with a sole proprietorship or broker of record is unable to act as a broker/broker of record due to illness or injury, the broker's attorney or another with power of attorney for the broker in a sole proprietorship, a corporate officer or partner shall notify the Commission within 15 days that it has appointed another licensed broker to act as the interim broker/broker of record for the corporation, partnership or sole proprietorship until the broker/broker of record is able to resume his responsibilities.
Subchapter D. LICENSING EXAMINATIONS § 35.271. Examination for broker's license.
* * * * * (b) The Commission will apply the following standards in determining whether an examination candidate has met the education requirement of subsection (a)(4):
* * * * * (3) To be counted toward the education requirement, a real estate course shall have been offered by:
* * * * * (ii) A real estate [school] education provider in this Commonwealth approved by the Commission.
(iii) A real estate [school] education provider outside this Commonwealth that has been approved by the real estate licensing authority of the jurisdiction where the [school] provider is located. The course transcript or certificate of completion shall state that the course is approved by the licensing authority of the jurisdiction where the [school] provider is located.
* * * * * (6) Two credits will be allowed for each year of active practice the candidate has had as a licensed broker in another jurisdiction during the 10-year period immediately preceding the submission of the examination application.
§ 35.272. Examination for salesperson's license.
* * * * * (b) The Commission will apply the following standards in determining whether an examination candidate has met the education requirement of subsection (a)(2):
* * * * * (2) Credits will be allowed for each of the Commission-developed real estate courses--Real Estate Fundamentals and Real Estate Practice--when offered by:
* * * * * (ii) A real estate [school] education provider in this Commonwealth approved by the Commission.
(3) Credits will be allowed for acceptable basic real estate courses when offered by:
* * * * * (ii) A real estate [school] education provider outside this Commonwealth that has been approved by the real estate licensing authority of the jurisdiction where the [school] provider is located.
* * * * * § 35.273. Examination for cemetery broker's license.
* * * * * (b) The Commission will apply the following standards in determining whether an examination candidate has met the education requirement of subsection (a)(3):
* * * * * (2) Credits will be allowed for each of the Commission-developed real estate courses--Real Estate Fundamentals and Real Estate Practice--when offered by:
* * * * * (ii) A real estate [school] education provider approved by the Commission in this Commonwealth.
(3) Credits will be allowed for cemetery courses when offered by:
* * * * * (ii) A real estate [school] education provider in this Commonwealth approved by the Commission.
(4) Credits will be allowed for acceptable basic real estate courses when offered by:
* * * * * (ii) A real estate [school] education provider outside this Commonwealth that has been approved by the real estate licensing authority of the jurisdiction where the [school] provider is located.
* * * * * § 35.275. Examination for rental listing referral agent's license.
* * * * * (b) The Commission will apply the following standards in determining whether an examination candidate has met the education requirement of subsection (a)(2):
* * * * * (2) Credits will be allowed for each of the Commission-developed real estate courses--Real Estate Fundamentals and Real Estate Practice--when offered by:
* * * * * (ii) A real estate [school] education provider in this Commonwealth approved by the Commission.
(3) Credits will be allowed for acceptable basic real estate courses when offered by:
* * * * * (ii) A real estate [school] education provider outside this Commonwealth that has been approved by the real estate licensing authority of the jurisdiction where the [school] provider is located.
* * * * *
Subchapter F. REAL ESTATE [SCHOOLS] EDUCATION PROVIDERS
APPROVAL OF [SCHOOLS AND SCHOOL DIRECTORS] EDUCATION PROVIDERS§ 35.341. Approval of real estate [school] education provider.
A real estate [school] education provider shall obtain the Commission's approval before commencing operations in this Commonwealth. To obtain approval from the Commission, the [school] provider shall:
(1) Be owned by persons who [are 21 years of age or older and] possess [a] good moral character, or, if the owner is a corporation, have officers and directors who meet [these requirements] this requirement.
* * * * * (3) Have a director of [school] operations who meets the requirements of § 35.342 (relating to approval of [school] director).
(4) Designate a person or entity [located in this Commonwealth] to serve as custodian of [school] records if the [school] provider were to terminate operations.
(5) Post a surety bond of $10,000 to the Commonwealth for the protection of the contractual rights of the [school's] provider's students[, the amount of which shall be the greater of $10,000 or the maximum number of students expected to be enrolled at any one day in the first year of operation times the amount of the tuition].
(6) Submit a completed [school] provider approval application to the Commission with:
(i) A completed [school] provider owner application with:
(A) A resume of the applicant's experience in owning, administrating or teaching in, a college[,] or university or as a real estate [school] education provider.
* * * * * (C) [A notarized pro forma profit and loss statement and balance sheet.
(D) Complete details of] Certified copies of court documents related to a conviction of, or plea of guilty or nolo contendere to, a felony or misdemeanor and the sentence imposed.
(ii) A completed [school] provider director application with:
* * * * * (B) [Complete details of] Certified copies of court documents related to conviction of, or plea of guilty or nolo contendere to, a felony or misdemeanor and the sentence imposed.
(iii) A fictitious name registration, if the [school] provider has a fictitious name.
(iv) A certificate of incorporation, if the [school] provider is a corporation.
* * * * * (vi) [A copy of the student enrollment agreement.
(vii) A copy of the school transcript.
(viii) A statement of the prerequisites for admission.
(ix)] A statement of policy regarding refund of tuition and other fees.
[(x)] (vii) * * *
[(xi) For the main school location and each proposed satellite location, a sketch or photograph of the school sign.]
§ 35.342. Approval of [school] educational director.
(a) A real estate [school] education provider shall obtain the Commission's approval of its director before commencing operations in this Commonwealth. The applicant for director shall have a combination of experience in teaching, supervision and educational administration [to be able] which, in the opinion of the Commission, will enable the applicant to competently administer a real estate education program in areas that include, but are not limited to, the following: evaluation of instructor performance; evaluation of curriculum and specific course content; analysis of course examinations; and management of [school] records and [school] facilities.
* * * * * (c) An approved [school] education provider shall obtain the Commission's approval before changing directors. The prospective director shall submit to the Commission the information required by § 35.341(6)(ii) (relating to approval of real estate [school] education provider).
(d) If the director dies, withdraws or is terminated, an approved education provider will not lose its approved status, nor will it be required to terminate operations within this Commonwealth provided that:
(1) The provider shall submit the name of an interim director to the Commission within 15 days of the death, withdrawal or termination of the director.
(2) The interim director is authorized to operate for up to 90 days following the death, withdrawal or termination of the director. Thereafter, continued operation is contingent upon approval of a director under subsection (a) or (b).
(3) No changes may be made to the curriculum, testing or facilities until the new director is approved by the Commission.
§ 35.343. Renewal of [school] education provider approval.
An approved real estate [school] education provider shall renew its approval annually. To obtain renewal of approval, [a school] an education provider shall submit a completed renewal of approval application to the Commission with:
(1) A notarized certification of compliance with this chapter signed by the [school] director.
(2) A copy of the $10,000 surety bond showing coverage for the upcoming renewal period[, the amount of which shall be the greater of $10,000 or the maximum number of students enrolled at any one day during the previous year times the amount of the tuition].
* * * * * § 35.344. Withdrawal of [school] education provider or director approval.
(a) The Commission may, following notice and hearing under 2 Pa.C.S. §§ 501--508 (relating to practice and procedure of Commonwealth agencies), withdraw the approval of a real estate [school] education provider that it finds guilty of:
* * * * * (2) Failing to maintain compliance with § 35.341 (relating to approval of real estate [school] education provider).
(3) Violating a requirement of §§ 35.351--35.363 (relating to administration of [schools] education providers).
(b) The Commission may, following notice and hearing under 2 Pa.C.S. §§ 501--508, withdraw the approval of a [school] director that it finds guilty of:
(1) [Incompetency] Any conduct in connection with the administration of an education provider which demonstrates bad faith, dishonesty, untrustworthiness or incompetency.
(2) Failing to [ensure the schools] maintain compliance with [the requirements of §§ 35.351--35.363] § 35.341 (relating to approval of real estate education provider).
* * * * * (4) Having been convicted of, or having pled guilty or nolo contendere to[,] a felony [or].
(5) Having been convicted of, or having pled guilty or nolo contendere to a misdemeanor [involving moral turpitude] related to the practice of real estate, forgery, embezzlement, obtaining money under false pretenses, bribery, larceny, extortion, conspiracy to defraud or any similar offense.
ADMINISTRATION OF [SCHOOLS] EDUCATION PROVIDERS § 35.351. Duty of [school] director.
The director [of] for a real estate [school] education provider is responsible for [the] day-to-day administration [of the school], including [the school's] evaluation of instructor performance, evaluation of curriculum and specific course content, analysis of course examinations, management of records and facilities and otherwise assuring compliance with §§ 35.352--35.363.
§ 35.351a. [Assistant school director] (Reserved).
[(a) A school may, upon notification to the Commission, appoint an approved instructor under § 35.353 (relating to selection of instructors) to serve as assistant school director.
(b) An assistant school director may not become a school director without the Commission's approval under § 35.342 (relating to approval of school director).]
§ 35.352. Location and facilities.
(a) A real estate [school] education provider shall have a main location [within this Commonwealth] that contains its [administration] administrative offices, its records, and a telephone with a listed number for the [school's] provider's exclusive use. [Classes may be taught at the main location or at satellite locations.]
(b) The [main] location [and each satellite location] where classes are taught shall:
(1) Be [designed primarily for classroom purposes or, in the case of a meeting hall, convention hall or motel/hotel facility, be] suitable for classroom space.
(2) Not share office space, [classroom] instruction space or a common [entrance] space with a real estate franchise, network or organization. This paragraph does not apply to a real estate trade association.
* * * * * [(4) Have adequate illumination on horizontal work surfaces in each classroom.
(5) Have 15 square feet of floor space per student in each classroom.
(6) Have 150 cubic feet of airspace per student in each classroom.
(c) If the school rents facilities for its main or satellite location, the lease agreement shall be in effect for the period when the school is in session at that location.]
§ 35.353. Selection of instructors.
(a) Qualified instructors.
[(1)] A real estate [school] education provider shall employ instructors who are qualified to teach the [curriculum] courses for which the instructors have been hired. The [school] provider may consider an individual qualified to teach a course if the individual satisfies one of the following criteria:
[(i) Has accumulated a minimum of 75 total points under the points system in subsection (b), with a minimum of 30 education points (including points in both formal and continuing education), three industry experience points and 20 teaching experience points.
(ii) Has accumulated a minimum of 53 total points under the points system in subsection (b), with a minimum of 30 education points (including points in both formal and continuing education) and three industry experience points.
(iii)] (1) Possesses an undergraduate, graduate or postgraduate degree [and has 2 years of practical experience] in the subject matter of the course to be taught. [The experience requirement does not apply when the individual holds a teaching certificate in the subject matter of the course to be taught.]
[(iv)] (2) Has [5] 3 years of [full-time] practical or teaching experience in a profession, trade or occupation directly related to the subject matter of the course to be taught.
[(2) If the school determines that an individual is qualified as an instructor under paragraph (1)(ii), the school shall require the individual to acquire at least 20 teaching experience points within 3 years after commencing employment as an instructor for the school.
(b) Point system. A school shall award points for education, industry experience and teaching experience as follows:
(1) Education. Education requirements are as follows:
(i) Formal education.
(A) High school or general equivalency diploma--five points.
(B) Degrees--only one degree may be considered for points:
(I) Associate's degree, or its equivalent, in any area--five points.
(II) Bachelor's or master's degree in any area--10 points.
(III) Bachelor's or master's degree in real estate--15 points.
(IV) Doctorate degree in any area--15 points.
(ii) Industry designations. Ten points for each industry-awarded designation earned in the area of study to be taught, up to a maximum of 30 points.
(iii) Continuing education programs. One point for each Continuing Education Unit/Program (CEUP) in the area of study to be taught. For purposes of this clause, a CEUP is defined as 10 hours of classroom participation as a student.
(iv) Continuing education courses. One point for each Continuing Education Unit/Course (CEUC) earned in the area of study to be taught. For purposes of this clause, a CEUC is defined as 10 hours of classroom participation as a student.
(2) Industry experience. One point for each year of industry-related experience in the area of study to be taught, up to a maximum of 15 years.
(3) Teaching experience. One point for each Continuing Teaching Unit (CTU) earned in the area of study to be taught. For purposes of this paragraph, a CTU is defined as 10 hours of classroom participation as an instructor in an industry-related curriculum.
(c)] (b) Proof of qualifications. [A school] An education provider shall [require an instructor applicant to prove qualifications by the submission of:] maintain documentation substantiating the instructor's education and experience.
[(1) Certified documents from educational institutions and real estate organizations attesting to the applicant's acquisition of diplomas, degrees and industry designations and completion of continuing education programs and courses.
(2) Letters from teaching supervisors certifying the applicant's past satisfactory performance as an instructor.]
§ 35.354. Prohibited forms of advertising and solicitation.
(a) A real estate [school] education provider may not:
(1) Hold itself out under a name other than the name approved for it by the Commission under § 35.341 (relating to approval of real estate [school] education provider).
(2) Hold itself out as being recommended or endorsed by the Commission, the Department of Education or other agency of the Commonwealth, except that the [school] education provider may advertise that it has been approved by the Commission to provide instruction in real estate courses and that credits earned in certain named courses will be accepted by the Commission toward fulfillment of the professional education prerequisite for taking the Pennsylvania real estate licensing examinations.
(3) Hold itself out to be an educational institution that conforms to the standards and requirements prescribed for colleges and universities by the Department of Education, unless the [school] education provider meets those standards and requirements.
* * * * * (9) Permit an instructor or guest lecturer while on [school] the provider's premises to wear any identification relating to the name of the real estate licensee or a real estate organization, franchise or network.
* * * * * (b) A [school] real estate education provider may not allow its main or satellite locations to be used by others for the solicitation or recruitment of students for employment or affiliation with a real estate licensee or a real estate organization, franchise or network. [The following sign] Students shall be informed of this prohibition through a written statement which shall [be conspicuously displayed in each classroom whenever a class is in session] contain the following:
* * * * * § 35.355. Prospectus materials.
(a) A real estate [school] education provider shall provide copies of catalogs, bulletins, pamphlets and other prospectus materials to the Commission upon request. Prospectus materials shall state the following in clear and unambiguous terms:
* * * * * § 35.356. Tuition and other fees.
A real estate [school] education provider shall charge tuition that bears a reasonable relationship to the quality and quantity of instructional services rendered. If additional fees are charged for books, supplies and other materials needed for coursework, the [school] provider shall itemize the fees and the books, supplies and materials, upon payment therefor, shall become the property of the student.
§ 35.357. [Student enrollment agreements] (Reserved).
[(a) A real estate school shall require each of its students to enter into a student enrollment agreement that has been approved by the Commission. The agreement shall itemize the tuition and other fees and the services and materials to be received from them. The agreement also shall state the school's policy regarding the refund of tuition and fees if the student were to withdraw or be dismissed or if the school were to terminate operations before the end of the academic year. The agreement also shall contain the Bureau's toll-free telephone number, 1(800) 822-2113, that the student may call to obtain information about filing a complaint against the school.
(b) The following real estate school enrollment agreement is exemplary of the requirements of subsection (a):
REAL ESTATE SCHOOL STUDENT
ENROLLMENT AGREEMENTIn consideration of (Name of School) (hereinafter the ''School'') accepting me as a student and giving me the instruction specified in its (Name of Course) (Fall or Spring Session) (Day or Evening Class) (Year) according to the curriculum of the School, I, (Name of Student) (hereinafter the ''Student''), agree to pay the School tuition in the amount of $ ____ , $ ____ of which shall be paid at the signing and execution of this agreement and the balance paid in (Weekly or Monthly) installments of $ ____ .
The School and the Student agree that the portion of the tuition paid at the time of the signing and execution of this agreement is nonrefundable. The Student agrees to acquire all books, tools and supplies required for the course, according to the current catalog, for which a fee of $ ____ shall be paid at the signing and execution of this agreement.
The Student agrees to abide by the rules and regulations of the School as may be established from time to time in connection with the course.
The School shall have the right to cancel this agreement at any time if the student shall (i) violate a rule or regulation established by the School in connection with course; (ii) fail to advance satisfactorily in the course; or (iii) refuse to take the instruction offered. In the event of cancellation, the School shall refund the unearned portion of the tuition paid, in accordance with the refund schedule in the current catalog.
The School shall have the right to substitute any study or laboratory work in connection with the course when changing conditions in the field of study require such substitution in the School's judgment.
The School shall not be bound by any agreement or representation other than those specified in this contract and the current catalog.
IN WITNESS WHEREOF, I (We) have hereunto set my (our) hand(s) and seal(s) this (Date) day of (Month) (Year)
______ ______
(Witness) (Name of Student)______ _________________
(Date) (Parents or Guardian, if
Student is a minor)The (Name of School) herewith agrees to enroll (Name of Student) for the (Name of Course) (Fall or Spring Session) (Day or Evening Class) (Year).
_________________
(School Director)]§ 35.358. Administration of curriculum.
(a) [A real] Real estate [school] education providers shall observe the following standards in the administration of [its] prelicensure and continuing education curriculum:
(1) [No day of the academic year] Instructor-led learning may not exceed 7 1/2 clock hours of instruction per day. For purposes of this section, a clock hour is defined as a 60-minute period comprising 50 minutes of [inspection] instruction and a 10-minute break. A student may not be required to attend class for more than 90 consecutive minutes without a break.
(2) [A correspondence or home study course may be offered to students whom the Commission certifies as being unable to attend classes.
(3) A course shall be assigned one credit for 15 clock hours, two credits for 30 clock hours, three credits for 45 clock hours or, if the course is a combination of Real Estate Fundamentals and Real Estate Practice, four credits for 60 clock hours.
(4)] The substantive content of the course, as evidenced by the course outline, text and other instructional materials, shall adequately reflect the stated purpose of the course, as evidenced by the course title and course description. [If the course purports to offer instruction] Instruction in a Commission[-developed] required course[, the course outline] shall [be substantially the same as] conform to the content or the outline developed by the Commission for the course.
[(5) If copyrighted test materials are to be used in a course that purports to be a review for a Pennsylvania real estate licensing examination, the school shall obtain permission to use the materials from the Commission and the testing service that administers the examination.
(6) A course shall be graded by written examination, except when a student's handicap or disability would make grading by written examination impractical. In the case of a home study course, at least 50% of the student's grade shall be determined by the proctored written examination.
(7)] (3) Unless [enrolled in a correspondence or home study course] the course is taught by means of distance education, a student shall be physically present during at least 80% of the classroom instruction for a [pre-licensure] prelicensure course and during at least 90% of the classroom instruction for a continuing education course, [in order] to receive [a passing grade] credit. [A sign-in/sign-out attendance roster shall be maintained for each class session.] The provider shall be responsible for verifying student attendance.
[(8) Each class shall be taught via live presentation by the instructor. An instructor's live presentation may be augmented by the use of an audiotape, videotape or other audio/visual aid.]
(4) Courses delivered by distance education, in addition to meeting the content requirements in § 35.384 (relating to qualifying courses), shall be approved by the Association of Real Estate License Law Officials or another certifying body with similar approval standards approved by the Commission.
(b) In addition to the requirements in subsection (a), an education provider shall observe the following standards in the administration of its prelicensure curriculum:
(1) A prelicensure course shall be assigned one credit for every 15 clock hours of instruction.
(2) A prelicensure course shall be graded by written examination, except when a student's handicap or disability would make grading by written examination impractical.
§ 35.359. Course transcripts.
(a) Prelicensure. Within 30 days after a course has been taught, a real estate [school] education provider shall provide each student in the course with an official course transcript that contains the information in § 35.360(a)(5) (relating to records) and is signed by the [school] director.
(b) Continuing education. Effective with the renewal period commencing June 1, 2004, within 30 days after a continuing education course has ended, the continuing education provider shall provide the Commission with a roster in a format approved by the Commission, listing each licensee who satisfactorily completed/taught the course. Continuing education providers shall be required to issue course transcripts/certificates of instruction to students only upon request.
§ 35.360. Records.
(a) A real estate [school] education provider shall maintain complete and accurate records in the following areas:
(1) Financial. The [school's] provider's assets and liabilities and the sources and amounts of its income.
(2) Physical plant. For the main location and for each satellite location, the following:
(i) [A detailed floor plan depicting offices, classrooms, restrooms, entrances, halls, doors and windows, including the size and seating capacity of each classroom.
(ii) A certificate of occupancy issued by the Department of Labor and Industry under the act of April 27, 1927 (P. L. 465, No. 299), known as the Fire and Panic Act (35 P. S. §§ 1221--1235) or, if the location is in Philadelphia, Pittsburgh or Scranton, proof that the building being used by the school has been approved for fire safety by that city's Bureau of Fire Inspections.] Copies of documentation showing compliance with applicable building, fire safety and sanitary requirements imposed by state, county or municipal governments.
[(iii)] (ii) A copy of the lease or rental agreement, if the [school] provider does not own the building being used.
(3) Personnel. The [point] qualifications of each instructor and the documentary evidence of those qualifications. See § 35.353 (relating to selection of instructors).
(4) Curriculum. For each course the [school] provider has offered, the following:
* * * * * (5) Scholastic. An academic transcript for each student [that includes the following information for each course taken by the student] which shall contain:
(i) The [school] provider's name and Commission approval number.
* * * * * (v) [The semester in which the course was taught.
(vi)] The date that the student completed the course.
[(vii)] (vi) * * *
[(viii) The number of sessions that the student was present and the number that he was absent, except for a home study course.]
[(ix)] (vii) The student's final grade in the course, if an examination is required for the course.
[(x)] (viii) * * *
[(xi)] (ix) * * *
[(xii) The fact that the course will be accepted by the Commission towards fulfillment of the education requirement for either the real estate broker's examination or real estate salesperson's examination, as the case may be.]
(6) Attendance. [A daily attendance record for each student.]
(b) [A school] An education provider shall store its records at its main location. Upon termination of operations, a [school] provider shall transfer its records to the designated custodian of records. The [school] provider shall notify the Commission whenever it changes the custodian of records.
(c) [A school] An education provider shall produce its records for examination by the Commission or its representatives upon written request or pursuant to an inspection under § 35.362 (relating to inspection of [school] education providers).
(d) [A school] An education provider shall make copies of a student's scholastic and attendance records available to the student upon request.
(e) [A school] An education provider shall retain attendance and scholastic records [pertaining to continuing] as follows:
(1) Continuing education records shall be maintained for 4 years [and all].
(2) All other [attendance and scholastic] records shall be retained for 10 years.
§ 35.361. Display of documents and approved name.
(a) A real estate [school's] education provider's certificate of approval shall be displayed prominently at the [school's] provider's main location. A copy of the certificate shall be displayed prominently at each satellite location.
(b) [A school's] An education provider's approved name shall be displayed prominently [outside] at each [school] location where courses are taught.
(c) The [school director's] education provider's letter of approval shall be displayed prominently at the [school's] provider's main location. A copy of the letter shall be displayed prominently at each satellite location.
(d) [An alphabetical list of all courses currently offered by the school, together with their instructors, shall be displayed prominently at each school location.
(e)] An alphabetical list of the [school's] education provider's satellite locations shall be displayed prominently at the [school's] provider's main location.
§ 35.362. [Inspection of school] Inspections.
(a) Routine inspections. No more than [4] four times a year while classes are in session, the Commission or its authorized representatives may conduct a routine inspection of the main location or satellite location of a real estate [school] education provider for the purpose of determining whether the [school] provider is in compliance with §§ 35.351--35.363 (relating to administration of [schools] education providers).
(b) Special inspections. In addition to the routine inspections authorized by subsection (a), the Commission or its authorized representatives may conduct a special inspection of [a school's] an education provider's main location or satellite location:
(1) Upon a complaint or reasonable belief that the [school] provider is not in compliance with §§ 35.351--35.363.
(2) As a follow-up to a previous inspection that revealed the [school's] provider's noncompliance with §§ 35.351--35.363.
(c) Scope of inspection. Prior to the start of a routine or special inspection, the Commission or its authorized representatives will advise the [school owner] education provider, [school] director or other person in charge at the time of the inspection that the inspection is being made under this section and is limited in scope by this section.
(d) During the course of a routine or special inspection or investigation, the Commission or its authorized representatives will be permitted to:
(1) Examine [school] provider records.
(2) Inspect all areas of the [school] provider's premises.
* * * * * (4) Interview the [school owner] provider, [school] director and other administrative personnel, instructors and students.
§ 35.363. Termination of operations.
A real estate [school] education provider that desires to terminate operations shall submit to the Commission, within 60 days of the planned termination, a termination plan that includes the following:
* * * * * (2) The date that [school] provider records will be transferred to the designated records custodian.
* * * * *
Subchapter H. CONTINUING EDUCATION § 35.381. [Purposes and goals] (Reserved).
[The purposes and goals of continuing education are to provide an education program through which a licensee may obtain the knowledge and skills to:
(1) Maintain and Increase competency to engage in licensed real estate activities.
(2) Keep a licensee abreast of changes in laws, regulations, practices and procedures that affect the real estate business.
(3) Better ensure that the public is protected from incompetent practice by licensees.]
§ 35.382. Requirement.
(a) Condition precedent to renewal of current license. [Beginning with the 1994-1996 biennial license period and continuing with each biennial license period thereafter, a] A broker or salesperson who desires to renew a current license shall, as a condition precedent to renewal, complete 14 hours of Commission-approved continuing education during the preceding license period. The continuing education shall be completed by the May 31 renewal deadline.
(b) Condition precedent to reactivation and renewal of noncurrent license. [Effective March 1, 1994, a] A broker or salesperson who desires to reactivate and renew a noncurrent license shall, as a condition precedent to reactivation and renewal, complete 14 hours of Commission-approved continuing education during the 2-year period preceding the date of submission of the reactivation application. A broker or salesperson may not use the same continuing education coursework to satisfy the requirements of this subsection and subsection (a).
* * * * * (d) Documentation. A licensee shall provide the Commission with information necessary to establish the licensee's compliance with this subchapter.
§ 35.383. Waiver of continuing education requirement.
(a) The Commission may waive all or part of the continuing education requirement of § 35.382 (relating to requirement) upon proof that the licensee seeking the waiver is unable to fulfill the requirement because of illness, emergency or hardship. [Subsections (b)--(d)] The following are examples of situations in which hardship waivers will be granted[. Hardship waivers will be granted in other situations for good cause shown.]:
[(b)] (1) * * *
[(c)] (2) * * *
[(d)] (3) A licensee who is a qualified continuing education instructor will be deemed eligible[, on the basis of hardship,] for the waiver of 1 hour of continuing education for each hour of actual classroom instruction in an approved continuing education topic [that the instructor is qualified to teach]. Duplicate hours of instruction in the same topic during the same biennial license period will not be considered for waiver purposes.
(b) Requests to waive the continuing education requirement shall be filed with the Commission on or before March 31 of the renewal year unless the applicant proves to the satisfaction of the Commission that it was impracticable to do so.
§ 35.384. Qualifying courses[; required and elective topics].
(a) [Qualifying courses. A] Except as provided in subsection (b), a licensee [may satisfy the continuing education requirement by doing one of the following:] shall complete 14 hours of continuing education in acceptable topics in a minimum of 3 1/2-hour increments.
[(1) Completing a 14-hour continuing education course comprising 5-to-8 hours in required topics and 6-to-9 hours in elective topics.
(2) Completing a 5-to-8 hour continuing education course in required topics and one of the following courses:
(i) A 6-to-9 hour continuing education course in elective topics.
(ii) A course approved by the Commission for broker licensure if 6-to-9 hours are in elective topics.]
(b) [Required topics. A minimum of 5 and a maximum of 8 hours shall be in required topics. A minimum of 2 hours shall be in the act and this chapter and a minimum of 3 hours shall be in fair housing laws and practices.] The Commission may, for a given biennial license period and with adequate notice to licensees, require [up to 3 hours] that all or part of the 14 hours be completed in [a topic that address a critical issue of current relevance to licensees] required topics.
(c) [Elective topics. The balance of the 14 hours shall be in elective topics that have significant intellectual and practical content to increase the competency of licensees. A minimum of 2 hours shall be in each elective topic. The elective topics may address either real estate specialties or matters of general interest to licensees.
(1)] Acceptable [elective] topics include:
[(i)] (1) * * *
[(ii) New laws] (2) Laws affecting real estate.
[(iii)] (3) Real estate financing and mathematics.
[(iv)] (4) * * *
[(v)] (5) * * *
[(vi)] (6) * * *
[(vii)] (7) * * *
[(viii)] (8) * * *
[(ix)] (9) * * *
[(x)] (10) * * *
[(xi)] (11) * * *
[(xii)] (12) * * *
[(xiii)] (13) * * *
[(xiv)] (14) * * *
[(xv)] (15) * * *
[(xvi)] (16) * * *
[(xvii)] (17) * * *
(18) Real estate investment analysis.
(19) Management of real estate brokerage operations.
(20) Property development.
(21) Real estate securities and syndication.
(22) Real property exchange.
(23) Broker courses encompassing supervisory duties and standards of conduct and practice contained in Subchapter E (relating to standards of conduct and practice).
(24) Marketing promotion and advertising of real estate inventory.
(25) Use of technology in delivering real estate services.
[(2)] (d) Unacceptable elective topics include:
[(i) Mechanical] mechanical office and business skills; for example, typing, speed writing, preparation of advertising copy, development of sales promotional devices, word processing, calculator and computer operation[.
(ii) Office] and office management and related internal operations procedures that do not have a bearing on the public interest.
[(iii) Real estate mathematics.]
§ 35.385. [Approved continuing] Continuing education providers.
The following providers [are approved to] may offer instruction for continuing education:
* * * * * (2) A real estate [school] education provider in this Commonwealth approved by the Commission.
(3) A real estate [school] education provider outside this Commonwealth that has been approved by the real estate licensing authority of the jurisdiction where the [school] provider is located.
[(4) A real estate industry organization outside this Commonwealth, if the Commission has given its prior approval to the industry organization's continuing education curriculum.]
§ 35.386. [Course content outlines and course titles] (Reserved).
[(a) Course outlines. The Commission will develop content outlines for the required continuing education topics and make them available to continuing education providers within a reasonable time prior to the biennial license period during which the required topics are taught. Each continuing education provider is responsible for developing content outlines for the elective continuing education topics.
(b) Course titles. The Commission will specify the titles for continuing education courses authorized under § 35.384(a)(1) and (2)(i) (relating to qualifying courses; required and elective topics).]
§ 35.387. [Administration of curriculum] (Reserved).
[A continuing education provider shall comply with the requirements of § 35.358 (relating to administration of curriculum) except for paragraphs (3), (5) and (6).]
§ 35.388. [Facilities] (Reserved).
[A continuing education course shall be taught at a facility that conforms to § 35.352(b) (relating to location and facilities).]
§ 35.389. [Instructors] (Reserved).
[A continuing education course shall be taught by an instructor who meets the requirements of § 35.353 (relating to selection of instructors).]
§ 35.390. [Advertising, solicitation and promotion] (Reserved).
[A continuing education provider shall comply with the requirements in §§ 35.354 and 35.355 (relating to prohibited forms of advertising and solicitation; and prospectus materials).]
§ 35.391. [Course transcripts and certificates of instruction] (Reserved).
[(a) Within 30 days after a continuing education course has ended, the continuing education provider shall issue a course transcript to each licensee who satisfactorily completed the course and a certificate of instruction to the course instructor if the instructor is also a licensee. The course transcript and certificate of instruction shall contain, to the extent applicable, the information in § 35.360(a)(5) (relating to records), as well as the licensee's license numbers.
(b) A continuing education provider shall retain attendance rosters, course transcripts and certificates of instruction for 4 years and shall issue a duplicate transcript or certificate to the licensee or the Commission upon request.
(c) A licensee shall provide the Commission with information necessary to establish the licensee's compliance with this subchapter.]
§ 35.392. [Investigations and inspections] (Reserved).
[(a) Investigations. Continuing education providers and licensees shall cooperate with investigations conducted by the Commission or its authorized representatives to ensure compliance with this subchapter.
(b) Routine and special inspections. No more than 4 times a year while classes are in session, the Commission or its authorized representatives may conduct a routine inspection of the facilities of a continuing education provider for the purpose of determining whether the provider or a licensee is in compliance with this subchapter. In addition to the routine inspections, the Commission or its authorized representatives may conduct a special inspection of the facilities of a provider upon a complaint or reasonable belief that the provider is not in compliance with this subchapter or as a follow-up to a previous inspection that revealed the provider's noncompliance with this subchapter.
(c) Scope of inspection. Prior to the start of a routine or special inspection, the Commission or its authorized representatives will advise the person in charge at the time of the inspection that the inspection is being made under this section and is limited in scope by this section. During the course of a routine or special inspection, the Commission or its authorized representatives will be permitted to:
(1) Examine continuing education records.
(2) Inspect all areas of the facility where continuing education courses are taught.
(3) Monitor the performance of continuing education instructors in classrooms.
(4) Interview the director of the continuing education program, the instructors and the students.
(d) Combined inspections. The Commission or its authorized representatives may combine an inspection under this section with an inspection under § 35.362 (relating to inspection of school).]
[Pa.B. Doc. No. 03-1792. Filed for public inspection September 12, 2003, 9:00 a.m.]
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