Section 1450.1165  Discipline of Schools or Instructors

a)         The Advisory Council, after notice, can conduct an informal conference for the purpose of reviewing a school's or instructor's compliance with the Act and this Part. The Advisory Council may make a recommendation to the Board based upon its findings and conclusions resulting from that conference.

b)         Upon written recommendation of the Board to the Director, the Division may refuse to issue or renew a license or certificate of registration, reprimand, fine, withdraw approval, place on probation, suspend, or revoke any license or otherwise discipline any license or certificate of registration, of any pre-license school, pre-license instructor, CE school, CE instructor, course, or applicant for the license or certificate of registration when, at any time:

1)         The quality of the course, instruction or program fails to meet the established criteria as set forth in the Act and this Part.

2)         If the license approval was based upon false or deceptive information.

3)         If any other professional license, accreditation or certification of the instructor or school is suspended, revoked or otherwise disciplined.

4)         When the applicant or licensee has:

A)        subverted or attempted to subvert the integrity of any exam or course, including through improper reproduction of an exam, providing an answer key to an exam, cheating, bribery or otherwise aids and abets an applicant or licensee to subvert the integrity of any exam or course;

B)        made any substantial misrepresentation or misleading or untruthful advertising, including without limitation guaranteeing success or a "pass score" on any exam or in any course or using any trade name or insignia of membership in any educational or any real estate organization of which the applicant or licensee is not a member;

C)        taught real estate courses without being qualified, including, but not limited to, being unapproved by the Division, being unlicensed, having a nonrenewed license or being uncertified, or aids and abets an unqualified individual to teach a real estate course;

D)        failed to provide information to the Division as required under any provision of the Act or this Part; or

E)        disregarded or violated any provision of the Act or this Part.

5)         Any approved pre-license school fails to maintain an average passing rate of at least 50% for all students who take the licensure examination for the first time over a 6 month period, either January through June or July through December.

c)         Disciplinary proceedings shall be conducted by the Board as provided for in the Act and Subpart I of this Part.

d)         The Division may temporarily suspend without hearing the certificate of registration for a licensed CE school's courses for failure to comply with the Act or this Part upon recommendation of the Advisory Council. No CE credit shall be granted to any licensee for completing a CE course for which the certificate of registration has been temporarily suspended.