Section 1450.1100  Application for Education Provider License and Other Requirements


a)         A person seeking to provide pre-license education, the 30 hour post-license broker course, and CE shall submit:


1)         a signed and completed education provider's application on forms provided by the Division;


2)         the required fee set forth in Section 1450.130;


3)         a course description, learning objectives, comprehensive timed outline and, when applicable, the final examination, answer key for each course, and final exam proctor policy; and any other information required by the Department; and


4)         applications and fees for each course, as set forth in Section 1450.1105(a).


b)         The education program for an education provider shall:


1)         Be approved by the education provider's governing and/or supervising body;


2)         Only use instructors with a valid instructor license, as set forth in the Act and Sections 1450.1115 and 1450.1145;


3)         Have a curriculum that meets the requirements of Section 1450.1105; and


4)         Administer a proctored final examination, when necessary, as outlined in Section 1450.1105.


c)         Facilities


1)         Education providers must provide an office in Illinois for the maintenance of all records, office equipment and office space necessary for customer service.


2)         Education providers must provide email or phone call assistance for customer service.


3)         The premises, equipment and facilities of the education provider shall comply with all applicable community fire codes, building codes and health and safety standards.


4)         Education providers are subject to inspection prior to licensure or at any time thereafter by the Division. The inspection shall be during regular business hours, with at least 24 hours advance notice of the inspection.


5)         No education provider shall conduct business in a private residence.


6)         Whenever an education provider intends to operate at a location other than the location of record, the education provider shall ensure compliance with Section 1450.1100(c)(3) and notify the Division, on forms approved for that notice, for each location other than the location of record.


d)         Administration


1)         No education provider shall advertise that it is endorsed, recommended or accredited by the Division. The education provider may indicate that the school is licensed by the Division.


2)         Every education provider shall submit to the Division, upon the Division's request, a schedule including location, date, time and name of each licensed pre-license or CE instructor for each licensed pre-license or CE course offered. The education provider shall notify the Division of any changes to that schedule.


3)         Education provider shall specify, in any advertising promoting pre-license or CE courses, the number of pre-license or CE credit hours that may be earned toward Illinois pre-license or CE requirements.


4)         Prior to enrollment, the education provider shall provide a prospective student with information that specifies:


A)        the course of study to be offered;


B)        the tuition to be charged;


C)        the education provider's policy regarding refund of unearned tuition when a student is dismissed or withdraws voluntarily or through hardship;


D)        any additional fee to be charged for supplies, materials or books that become the property of the student upon payment; and


E)        other matters that are material to the relationship between the education provider and the student.


5)         Each education provider shall maintain for each student a record including the course of instruction undertaken, dates of attendance and areas of study satisfactorily completed. Each student's record shall be maintained by the education provider for a period of 5 years and shall be available for inspection by the student or by the Division, or its designee, during regular business hours.


6)         The education provider shall certify on the initial application that financial resources are available to equip and maintain the school, as required by the Division.


7)         The education provider shall verify attendance at each pre-license course. No licensee shall receive pre-license credit for time not actually spent attending the pre-license course or, after July 1, 2019, if applicable, a passing score of 75% on the examination is not achieved.


8)         The education provider shall verify attendance at each CE course. No licensee shall receive CE credit for time not actually spent attending the CE course or, after July 1, 2019, if applicable, if a passing score of 75% on the examination is not achieved.


9)         The Division shall be reimbursed by any out-of-state education provider for all reasonable expenses incurred by the inspector to inspect its facilities.


e)         The Division shall notify the applicant in writing of its decision. In the event the application is denied, the basis for denial will be provided and the applicant advised that the applicant may request a hearing on the merits as set forth in Section 20-60 of the Act, and Article 10 of the Illinois Administrative Procedure Act [5 ILCS 100].


f)         The Division shall be immediately notified of all changes in ownership of an education provider.


g)         An education provider shall issue a transcript or certificate of completion, on forms provided by the Division, upon a student's successful completion of any  course. Each transcript or certificate of completion shall be authenticated by the education provider in a manner that cannot be replicated, to avoid fraud.


h)         Monthly Reports. Every licensed education provider shall submit to the Division, on or before the 15th of each month, a report of applicants or licensees passing education courses offered by the education provider during the preceding calendar month.


1)         The monthly reports shall, at a minimum, include the following information for each applicant or licensee:


A)        the applicant's or licensee's name, address and, if applicable, license number;


B)        the education provider's name and license number;


C)        the education course name, course license number, and course category.


2)         The monthly reports shall be submitted in a format prescribed by the Department, or in a computer readable format, provided by the Division.


3)         A monthly report received by the Division after the 15th of the month shall be accompanied by an administrative fee of $50.


4)         If an education provider fails to submit monthly reports and/or to pay the required late fees for three successive months, the education provider and courses offered by that education provider may be subject to discipline as set forth in Section 1450.1165 until all delinquent reports and fees are received by the Department.


i)          Education providers offering a 30 hour real estate auction certification course must comply with Section 1450.1300.


j)          Each university, college, community college, or school supported by public funds in the State of Illinois shall be deemed to qualify as an education provider, as long as each university, college, community college, or school meets the following criteria and certifies to the Department that:


1)         The facility is domiciled and supported by public funds in the State of Illinois;


2)         The instructors are approved and licensed by the Department;


3)         The courses offered are approved and licensed by the Department;


4)         The program that offers pre-license or continuing education is a not-for-profit division of the university, college, community college, or school; and


5)         The courses and curriculum meets the requirements of Section 1450.1105(a) and (b).


(Source:  Amended at 43 Ill. Reg. 1975, effective January 25, 2019)