NAC645F.570. Instructors: Denial or withdrawal of approval; appeal.

     1. The Commissioner may deny or withdraw the approval of an instructor who:

     (a) Does not meet the standards prescribed in NAC 645F.565;

     (b) Does an inadequate job of teaching the subject matter of an approved course, as evidenced by student evaluations or an audit conducted by the Commissioner;

     (c) Has been determined in any administrative or judicial proceeding to have violated any statute, rule, regulation or order pertaining to mortgage lending or real estate or the practice of covered service providers, foreclosure consultants or loan modification consultants;

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

     (e) Engages in inappropriate behavior in the classroom as evidenced by an audit conducted by the Commissioner.

     2. Before denying or withdrawing the approval of the instructor of an approved course, the Commissioner will notify the provider of the approved course of the Commissioner’s intent to deny or withdraw approval of the instructor. The notice must include the specific reasons upon which the Commissioner is basing the decision to deny or withdraw the approval of the instructor. Not later than 20 days after the date on which the provider receives the notice, the provider may provide a written response to the Commissioner that clearly sets forth the reasons why the approval of the instructor should not be denied or withdrawn and outlining any corrective measures that the provider will undertake. After the 20-day period has elapsed, the Commissioner will review the notice and any response submitted by the provider and will:

     (a) Deny or withdraw the approval of the instructor;

     (b) Approve the instructor or 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 Commissioner decides to deny or withdraw the approval of the instructor, the denial or withdrawal of approval of the instructor becomes effective upon the mailing of the Commissioner’s decision to the provider of the approved course taught or proposed to be taught by the instructor by certified mail, return receipt requested, to the provider’s last known business address.

     3. If the Commissioner withdraws the approval of an instructor, the Commissioner will give credit to a student for completing the approved course if the student began the approved course before the provider received written notice of the withdrawal of approval of the instructor.

     4. The instructor may appeal the decision of the Commissioner to deny or withdraw the approval of the instructor 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 instructor becomes effective, and the instructor will have the right to a hearing.

     5. The Commissioner has the right to be awarded and recover costs and attorney’s fees from the instructor related to a hearing in which the hearing officer affirms the denial or withdrawal of approval of an instructor.

     (Added to NAC by Comm’r of Mortgage Lending by R052-09, eff. 8-25-2009)