NAC116A.285. Courses: Responsibilities of sponsor; renewal of approval; review and audit; grounds for withdrawing or refusing to renew approval; discipline of sponsor.

     1. The sponsor of an approved course:

     (a) Shall not allow a holder of a certificate to pass the course by taking an examination without having the required attendance;

     (b) Shall admit:

          (1) Authorized personnel of the Division to audit and evaluate the presentation of the course; and

          (2) Each member of an education audit committee selected by the Administrator pursuant to NAC 116A.180 to assist the Division with the review and audit of the course.

     (c) Shall notify the Division within 15 days after making any material change in the course;

     (d) Shall not present a course for the main purpose of selling products or services and shall limit the announcement of products or services during the course to not more than 2 minutes; and

     (e) If the course is a course of instruction in a classroom, shall provide notice of the course to the Division not later than 15 days before the course is offered.

     2. The sponsor must apply for renewal on a form provided by the Division and describe on that form any changes in the course. An application for renewal must be filed at least 2 weeks before the previous approval expires. If the sponsor does not timely file the application for renewal, the sponsor must apply for an original approval.

     3. Each approved course and instructor is subject to review and audit by the Division or an education audit committee selected by the Administrator pursuant to NAC 116A.180 to assist the Division with the review and audit of the course. If the Division or education audit committee conducts such a review or audit, the sponsor shall make available to the Division or education audit committee, whichever is applicable, all records requested which are necessary to the review. The Division may decide in its discretion whether to provide notice to the sponsor and instructor of a course of the review and audit of the course.

     4. Each of the following acts and conditions is a ground for the Commission to withdraw or refuse to renew its approval of a course:

     (a) The curriculum or instruction, as shown by evaluations or audits, is of poor quality.

     (b) The violation of any provision of this chapter relating to continuing education.

     (c) The course is not taught within the last period for which the course is approved.

     (d) The sponsor of the course has made a false statement or has presented any false information in connection with an application for the approval of the course, the renewal of such approval or the approval of the sponsor.

     (e) The sponsor of the course or any official or instructor employed by the sponsor has refused or failed to comply with any provision of this chapter, chapter 116 of NAC or chapter 116, 116A or 116B of NRS.

     (f) The sponsor of the course or any official or instructor employed by the sponsor has provided false or incorrect information in connection with any report the sponsor is required to submit to the Commission.

     (g) The sponsor of the course has engaged in a pattern of consistently cancelling scheduled courses.

     (h) The sponsor of the course has remitted to the Division in payment for required fees a check which was dishonored by a bank.

     (i) An instructor employed by the sponsor of an approved course fails to conduct approved courses in a manner that demonstrates possession of the teaching skills described in this chapter.

     (j) A court of competent jurisdiction has found the sponsor of the approved course or any official or instructor employed by the sponsor to have violated, in connection with the offering of education courses, any applicable federal or state law or regulation:

          (1) Prohibiting discrimination on the basis of disability;

          (2) Requiring places of public accommodation to be in compliance with prescribed standards relating to accessibility; or

          (3) Requiring that courses related to certification for professional or trade purposes be offered in a place and manner accessible to persons with disabilities.

     (k) The sponsor of the course or any official or instructor employed by the sponsor has been disciplined by the Commission or any other occupational certification agency in this State or any other jurisdiction.

     (l) The sponsor of the course or any official or instructor employed by the sponsor has collected money for an educational course but has refused or failed to provide the promised instruction.

     5. A holder of a certificate who is the sponsor of an approved course is subject to disciplinary action pursuant to the provisions of this chapter for any dishonest, fraudulent or improper conduct by the holder of a certificate, or an instructor of the approved course employed by the holder of a certificate, in connection with activities related to the approved course.

     6. As used in this section, “disability” means:

     (a) A physical or mental impairment that substantially limits one or more of the major life activities of the person;

     (b) A record of such an impairment; or

     (c) Being regarded as having such an impairment.

     (Added to NAC by Comm’n for Common-Interest Communities by R129-04, eff. 4-14-2005; A by Comm’n for Common-Interest Communities & Condo. Hotels by R166-09, 5-5-2011)—(Substituted in revision for NAC 116.274)