Section R162-2f-401d - School and Provider Conduct(1) Affirmative duties. A school's owners and directors shall: (a) within 15 days after the occurrence of any material change in the information provided to the division under Subsection R162-2f-206a(2)(a), give the division written notice of that change;(b)(i) provide instructors of prelicensing courses with the state-approved course outline; and(ii) ensure that any prelicensing course adheres to the topics mandated in the state-approved course outline;(c) ensure that each instructor complies with Section R162-2f-401e.(d) before accepting payment from a prospective student for a prelicensing education course: (i) provide the criminal history disclosure statement described in Subsection R162-2f-206a(3)(d);(ii) obtain the student's signature on the criminal history disclosure; and(iii) have the enrollee verify that an education waiver has not been obtained from the division;(e)(i) retain signed criminal history disclosures for a minimum of three years from the date of course completion; and(ii) make the signed criminal history disclosures available for inspection by the division upon request;(f) maintain for a minimum of three years after enrollment:(i) the registration record of each student;(ii) the attendance record of each student; and(iii) any other prescribed information regarding the offering, including exam results, if any;(g) ensure that course topics are taught only by:(i) certified instructors; or(h)(i) limit the use of approved guest lecturers to a total of 20% of the instructional hours per approved course; and(ii) before using a guest lecturer to teach a portion of a course, document for the division the professional qualifications of the guest lecturer;(i) furnish to the division an updated roster of the school's approved instructors and guest lecturers each time there is a change;(j) within ten days of teaching a course, upload course completion information for any student who: (i) successfully completes the course; and(ii) provides an accurate name or license number within seven business days of attending the course;(k) substantiate, upon request by the division, any claims made in advertising; and (1) include in all advertising materials the continuing education course certification number issued by the division.(2) Prohibited conduct. A provider may not:(a) award continuing education credit for a course that has not been certified by the division before its being taught;(b) award continuing education credit to any student who fails to: (i) attend a minimum of 90% of the required class time; or (ii) pass a prelicense course final examination;(c) accept a student for a reduced number of hours without first having a written statement from the division defining the exact number of hours the student must complete;(d) allow a student to challenge by examination any course or part of a course in lieu of attendance;(e) allow a course approved for traditional education to be: (i) taught in a private residence; or(ii) completed through home study;(f) make a misrepresentation about a competing school or continuing education provider including a misrepresentation regarding personnel, a course of instruction, or a business practice;(g) disseminate advertisements or public notices that are false or disparage the dignity and integrity of the real estate profession;(h) make false or disparaging remarks about a competitor's services or methods of operation;(i) attempt by any means to obtain or use the questions on the prelicensing examinations unless the questions have been dropped from the current exam bank;(j) give valuable consideration to a real estate brokerage or licensee for referring students to the school;(k) accept valuable consideration from a real estate brokerage or licensee for referring students to the brokerage;(l) allow real estate brokerages to solicit for agents at the school during class time, including the student break time;(m) obligate or require students to attend any event in which a brokerage solicits for agents;(n) award more than eight credit hours per day per student;(o) advertise or market a continuing education course that has not been:(i) approved by the division; and(ii) issued a current continuing education course certification number; or(p) advertise, market, or promote a continuing education course with language indicating that division certification is pending or otherwise forthcoming.Utah Admin. Code R162-2f-401d
Amended by Utah State Bulletin Number 2019-4, effective 1/23/2019Amended by Utah State Bulletin Number 2022-11, effective 5/25/2022