§ 35.360. Records.
(a) A real estate education provider shall maintain complete and accurate records in the following areas:
(1) Financial. The real estate education 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) Copies of documentation showing compliance with applicable building, fire safety and sanitary requirements imposed by state, county or municipal governments.
(ii) A copy of the lease or rental agreement, if the real estate education provider does not own the building being used.
(3) Personnel. The 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 real estate education provider has offered, the following:
(i) The course title.
(ii) The course prerequisites.
(iii) The course objectives.
(iv) The course outline.
(v) The requirements for successful completion of the course.
(vi) Copies of texts and other instructional materials used in teaching the course.
(vii) The supplies required of students for the course.
(viii) The course schedule.
(ix) Copies of published descriptions of the course.
(x) The course instructor.
(5) Scholastic. An academic transcript for each student which must contain the following:
(i) The real estate education provider’s name and Commission approval number.
(ii) The location at which the course was taught.
(iii) The name of the student.
(iv) The course title.
(v) The date that the student completed the course.
(vi) The number of hours of the course.
(vii) The student’s final grade in the course, if an examination is required for the course.
(viii) The date that the transcript was issued.
(ix) 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 care may be.
(6) Attendance.
(b) A real estate education provider shall store its records at its main location. Upon termination of operations, a real estate education provider shall transfer its records to the designated custodian of records. The real estate education provider shall notify the Commission whenever it changes the custodian of records.
(c) A real estate 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 real estate education providers).
(d) A real estate education provider shall make copies of a student’s scholastic and attendance records available to the student upon request.
(e) A real estate education provider must retain attendance and scholastic records as follows:
(1) Continuing education records must be maintained for 4 years.
(2) All other records must be retained for 10 years.
Authority The provisions of this § 35.360 issued under the Real Estate Licensing and Registration Act (63 P. S. § § 455.101—455.902).
Source The provisions of this § 35.360 adopted February 24, 1989, effective February 25, 1989, 19 Pa.B. 781; amended June 10, 1994, effective June 11, 1994, 24 Pa.B. 2904; amended December 10, 2004, effective December 11, 2004, 34 Pa.B. 6530. Immediately preceding text appears at serial pages (201895) to (201897).
Cross References This section cited in 49 Pa. Code § 35.344 (relating to withdrawal of real estate education provider or director approval); 49 Pa. Code § 35.351 (relating to duty of director); 49 Pa. Code § 35.359 (relating to course documentation); and 49 Pa. Code § 35.362 (relating to inspection of school).
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