NAC645.4432. Duties of sponsor of approved course; period and renewal of approval of course; review and audit by Division; grounds for withdrawal of or refusal to renew approval of course; disciplinary action against licensee who sponsors approved course.

     1. The sponsor of an approved course:

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

     (b) Shall admit authorized personnel of the Division to audit and evaluate the presentation of the course;

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

     (d) Shall not present a course for the main purpose of selling products and shall limit the announcement of products during the course to not more than 1 minute for each credit hour.

     2. The Commission’s approval of:

     (a) A course to meet the educational requirements for an original license;

     (b) A course for postlicensing education; and

     (c) A course for continuing education,

Ê is effective for 1 year after the original approval or a renewal.

     3. The school or 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 school or sponsor does not timely file the application for renewal, the school or sponsor must apply for an original approval.

     4. Each approved course and instructor is subject to review and audit by the Division. If the Division conducts such a review or audit, the sponsor shall make available to the Division all records requested which are necessary to the review.

     5. The Division shall renew the approval of a course if the information concerning the course has been updated and there is no material change in the content of the course.

     6. 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 or chapter 645 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 Commission 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 licensing or 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 licensing 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.

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

     [Real Estate Adv. Comm’n, § X subsec. F pars. 13 & 14, 4-20-78]—(NAC A by Real Estate Comm’n, 8-21-81; 12-16-82; 4-27-84; 6-3-86; A by Real Estate Div., 3-1-96; A by Real Estate Comm’n by R031-04, 11-30-2004)—(Substituted in revision for NAC 645.465)