NAC645A.085. Approval of provider; appeal of denial of approval.

     1. A provider that wishes to offer approved courses to meet the educational requirements for licensure or continuing education under this chapter and chapter 645A of NRS must apply to the Commissioner before offering any approved courses and annually thereafter on or before December 31 for approval on a form prescribed by the Commissioner. The application must include, without limitation:

     (a) The name and address of the provider;

     (b) The type of provider and a description of its facilities;

     (c) Any information requested by the Commissioner concerning the ownership of the provider, including the business organization and the names and addresses of all directors, principals, officers and others having interests as owners;

     (d) A list of the instructors;

     (e) A list of the courses to be offered and a hard copy of course materials for each course;

     (f) The allotment of time for each subject;

     (g) A tentative schedule of courses;

     (h) The titles, authors and publishers of all required textbooks;

     (i) A copy of each examination to be used and the correct answer for each question;

     (j) A statement of:

          (1) The purpose of the provider;

          (2) The fees to be charged;

          (3) The days, times and locations of classes;

          (4) The number of quizzes and examinations for each course;

          (5) The grading systems, including the methods of testing and standards of grading for each course;

          (6) The requirements for attendance; and

          (7) The location of the students’ records;

     (k) A statement as to whether the provider or any instructor employed by the provider has been disciplined by any governmental agency in this State or any other state; and

     (l) A statement that educational courses will not be provided free of charge as an inducement for students or their employers to use the services of the provider for any activities related to escrow agencies.

     2. A provider that wishes to offer approved courses to meet the educational requirements for licensure under this chapter and chapter 645A of NRS must be licensed by the Commission on Postsecondary Education pursuant to the provisions of chapter 394 of NRS, unless otherwise exempt.

     3. The Commissioner may waive the requirements of this section for courses offered by or through a federal or state governmental agency.

     4. If the application of the provider is denied, the provider may appeal the decision of the Commissioner to deny approval of the provider by filing an appeal with the Commissioner not later than 20 days after the date on which the denial or withdrawal of the approval of the provider becomes effective, and the provider will have a right to a hearing.

     5. The Commissioner may recover costs and attorney’s fees from the provider related to a hearing in which the hearing officer affirms the denial or withdrawal of approval of a provider.

     (Added to NAC by Comm’r of Mortgage Lending by R143-08, eff. 4-20-2010)