NAC645.4434. Approved courses: Withdrawal of approval.

     1. If the Administrator determines, whether pursuant to an audit or otherwise, that an approved course does not meet the standards for such a course set forth in this chapter, the Administrator shall notify the sponsor of the course of his or her intent to withdraw approval of the course. The notice must include the specific reasons upon which the Administrator is basing the decision to withdraw approval of the course. Not later than 30 days after the date on which he or she receives the notice, the sponsor may provide a written response to the Administrator that clearly sets forth the reasons why approval of the course should not be withdrawn and outlining any corrective measures that the sponsor will undertake.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:

     (a) Withdraw approval of the course;

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

     (c) Allow the continued approval of the course.

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

     2. If the Administrator withdraws approval of a course, 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 course.

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

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

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

     (b) Suspend approval of the course 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 course.

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