NAC645.427. Instructors: Withdrawal of approval.

     1. The Administrator may withdraw the approval of an instructor who:

     (a) Does an inadequate job of teaching the subject matter of a course as evidenced by student evaluations or an audit conducted by the Division.

     (b) Has been determined in any administrative or judicial proceeding to have violated any statute, rule, regulation or order pertaining to real estate.

     (c) Has been convicted of, or entered a plea of guilty or nolo contendere to, any crime involving fraud, deceit, misrepresentation or moral turpitude; or

     (d) Engages in inappropriate behavior in the classroom as evidenced by an audit conducted by the Division.

     2. Before withdrawing approval of the instructor of a course, the Administrator must notify the sponsor of the course of his or her intent to withdraw approval of the instructor. The notice must include the specific reasons upon which the Administrator is basing the decision to withdraw the approval of the instructor. Not later than 30 days after the date on which he or she receives the notice, a sponsor may provide a written response to the Administrator that clearly sets forth the reasons why the approval of the instructor should not be withdrawn and outlining any corrective measures that the sponsor will undertake. After the 30-day period has elapsed, the Administrator shall review the notice and any response submitted by the sponsor and shall:

     (a) Withdraw approval of the instructor;

     (b) Allow the instructor to remain approved if certain specific enumerated conditions are met; or

     (c) Allow the continued approval of the instructor.

Ê If the Administrator decides to withdraw approval of the instructor, the withdrawal of approval of the instructor becomes effective upon the mailing of the Administrator’s decision to the sponsor of the course taught by the instructor by certified mail, return receipt requested, to the sponsor’s last known business address.

     3. If the Administrator withdraws approval of an instructor, the Division shall give credit to a student for completing the course if the student began the course before the sponsor received written notice of the withdrawal of approval of the instructor.

     4. The sponsor may appeal the decision of the Administrator to withdraw approval of an instructor by filing an appeal with the Commission not later than 30 days after the date on which the withdrawal of the approval of the instructor becomes effective.

     5. If the sponsor files a timely appeal, the Commission will, as soon as practicable, hold a hearing concerning the withdrawal of approval of the instructor at a regularly scheduled meeting and will:

     (a) Affirm the decision of the Administrator to withdraw approval of the instructor;

     (b) Suspend approval of the instructor for a limited period and under such conditions as the Commission deems appropriate; or

     (c) Reverse the decision of the Administrator to withdraw approval of the instructor.

     (Added to NAC by Real Estate Comm’n by R031-04, eff. 11-30-2004)