Chapter 520-2 STANDARDS FOR REAL ESTATE COURSES
The purpose of this Chapter is to delineate the rules and regulations that the Georgia Real Estate Commission will follow in approving and regulating all real estate schools, instructors, and courses as provided for by O.C.G.A. Section 43-40-8.
|(1)||Timetable for Approval. The Commission shall approve, disapprove, or request additional data on any application for a school approval within sixty days of the receipt of a complete application meeting the requirements of Rule 520-1-.04(4) and containing the data required by this Rule. The Commission shall deem an application abandoned if the applicant fails to respond to a request for additional or revised data within one hundred twenty days after the Commission has sent such a request to the address of the applicant listed on the application. In the event an application is abandoned, a new application and fee will be required to reinstate the application. The Commission, in its discretion, may elect not to process an incomplete application as defined by Rule 520-1-.04(4) unless and until all the requirements of that paragraph are met.|
|(2)||Application Requirements for
Approval. Applicants for school approval must file with the Commission
an application and a fee as provided by Rule
520-1-.04. The application must set
forth in terms acceptable to the Commission the following:
|(3)||Renewal of Approval. In order to renew any school approval, the Commission must receive an application from the school requesting renewal prior to the expiration of the current approval. The application requesting renewal must be on a form authorized by the Commission and accompanied by the required renewal fee established in Rule 520-1-.04(1).|
|(4)||Minimum Standards for Students.
Approved schools must adopt and enforce standards for students that at
least meet the minimums described in this Rule.
|(5)||Notice to Students. Upon a
student's enrollment or prior to the beginning of instruction in any course,
the school shall provide that student a written Notice to Students containing
the following information about the course.
|(6)||Reporting. All approved
schools must report the following information to the Commission or its
|(7)||Evaluation of Instructors. The school coordinator/director shall be responsible for consistent and regular evaluation of the school's instructors. The coordinator/director must provide each student with an opportunity to make unsigned, written evaluations of instructors. Upon receipt of a sworn written request for an investigation or at its own discretion, the Commission may request, and the coordinator/director shall supply additional student and coordinator/director evaluations on specific individual instructors in question. The Commission may use these evaluations to determine what action to take to improve the quality of instruction.|
of Records. All approved schools must maintain for at least five years
and upon reasonable request must make available to any authorized
representative of the Commission the following documents.
|(9)||Advertising. This Rule
regulates advertising whether done by an approved school, an approved
instructor, or the provider of approved courses or through any media. The term
"media" includes, but is not limited to, print, photographic, broadcast, and
computer media including, but not limited to, such examples as newspapers,
magazines, flyers, posters, radio, television, signs, newsletters, and internet
No school coordinator/director shall allow anyone to use the school's premises or classroom to recruit new affiliates for any company one hour before, one hour after, or during an instruction period. The school coordinator/director shall cause the following statement to be distributed in written materials to all students at the beginning of the course:
"No recruiting for employment opportunities for any real estate brokerage firm is allowed in this class or on the school premises. Report promptly any effort to recruit on behalf of a brokerage firm by anyone including a fellow student to (name of school coordinator/director) at (phone number and/or office location) or the Georgia Real Estate Commission." Instructors and school coordinators/directors must promptly report to the Commission any efforts to recruit students in violation of this paragraph.
|(11)||Exceptions. Schools may request exceptions, modifications, or exemptions to the requirement of this Chapter whenever sound educational reasons exist for such a request. Schools must submit such requests in writing with supporting rationales and may implement them only after receiving written authorization from the Commission.|
|(1)||Approved Instructors. Only instructors approved by name by the Commission or guest instructors as provided for in paragraph (5) of this Rule may teach Community Association Managers Prelicense, Salespersons Prelicense, and Brokers Prelicense Courses.|
|(2)||Timetable for Approval. The Commission shall approve, disapprove, or request further information on all applications for instructor approval within sixty days of the receipt of a complete application meeting the requirements of Rule 520-1-.04 and containing the data required by this Rule. The Commission, in its discretion, may elect not to process an incomplete application as defined by Rule 520-1-.04(4) unless and until all the requirements of that paragraph are met.|
|(3)||Application Required for
Approval. Applicants for instructor approval must file with the
Commission an application and a fee as provided in Rule
520-1-.04. The applicant must sign the
application and must include the status of any real estate license held by the
applicant, a resume of the applicant's background, and the following
|(4)||Approval Criteria. In approving the applicant, the Commission shall consider qualifications from paragraph (3) above. The Commission may approve a non-resident instructor that another jurisdiction's real estate regulatory body has approved and who can provide evidence of having actively taught prelicense courses as an approved instructor for at least five years. The Commission shall be the final determinant of approval of instructors.|
|(5)||Guest Instructors. Schools may utilize guest instructors with expertise in particular areas in any approved course provided a properly approved instructor is present at the time of their presentation. Schools may, however, utilize guest instructors without an approved instructor's being present with the prior written approval of the Commission.|
Instructor Approval. All instructors must apply for renewal of approval
by December 31 of the year in which their approval expires. Renewal
applications must be on forms supplied the Commission and accompanied by:
|(1)||Developing and Offering
|(2)||Instructors. Only instructors approved by the Commission under the standards of this Chapter may instruct Salespersons Prelicense, Brokers Prelicense, or Community Association Managers Prelicense courses. Only instructors with appropriate experience and knowledge of the content areas of Salespersons Postlicense or continuing education courses may teach these courses.|
|(3)||Hours of Instruction. For all courses under the requirements of this chapter, an "instructional hour" means a period of time of at least fifty minutes of instruction or other learning activity. In-class instruction and testing in any course shall not exceed seven and one-half hours per day. The school shall hold all in-class instruction between the hours of 7:00 a.m. and 10:00 p.m. with breaks totaling at least fifteen minutes every two hours. The schedule must allow reasonable time for preparation for each classroom session. All in-class instruction for Brokers Prelicense course students shall be separate from all in-class instruction for Salespersons Prelicense course students. Instructors shall utilize no more than thirty minutes of audio or video material toward meeting any required in-class (or makeup) hours of instruction unless the Commission grants written authorization for such material prior to its use.|
|(5)||Sales Postlicense Course.
Courses. Every approved school must offer every calendar year a course
designed to help licensees meet the continuing education requirements of
O.C.G.A. § 43-40-8(e).
This course or courses shall be in addition to the Community Association
Managers Prelicense, Salespersons Prelicense, Sales Postlicense, or Brokers
|(7)||Teaching Methods. While instructors may use such teaching methods as lecture, discussion, questions and answers, etc. in in-class sessions, instruction should also include role play, simulations, or other similar instructional techniques designed to assist students in mastering such skills as writing offers, presenting offers, calculating costs, pricing property, and complying with fair housing laws.|
|(8)||Interactive Instruction Required. Schools must present courses to students through interactive instructional techniques. Examples of interactive instruction include such teaching techniques as providing a student (1) the opportunity for immediate exchange with an instructor in a classroom setting and (2) immediate assessment and remediation through computer assisted or other audio or audiovisual interactive instruction. Schools shall not attempt to provide instruction primarily by having students (a) read text material, (b) listen to audio tapes, (c) watch video tapes or films, or (d) study questions similar to those on the state licensing examinations or by combining elements of (a) through (d) above.|
|(9)||Distance Education Courses. Distance education is comprised of
courses in which instruction does not take place in a traditional classroom
setting but rather through other media in which distance and time separate
teacher and student. Schools generally deliver distance education courses
through such media as telecommunications or by computer. The Commission
approves distance education courses:
|(10)||Computer-Based Courses. The
Commission approves the offering of computer-based courses that meet the
specific standards of this Rule and all other applicable requirements of this
|(11)||Course Examinations. Every
Community Association Managers Prelicense, Salespersons Prelicense, Sales
Postlicense, and Brokers Prelicense Courses must conclude with an examination
administered by the approved school.
|(12)||Alternatives for Meeting Prelicense Course Requirements.
|(13)||Alternatives for Meeting
Continuing Education Requirements.
The Commission shall deem a licensee to have met the continuing education requirement of O.C.G.A. § 43-40-8(e)for a renewal period if the licensee successfully completes in a renewal period any of the following courses that have at least the total number hours of instruction the law requires the licensee to complete:
|(14)||Verification of Course
The Commission may require licensees completing courses under this Rule to submit transcripts or other verification of completion that the Commission deems necessary and adequate.
|(1)||Violations.Any violation of the provisions of this Chapter, any falsification or misrepresentation on the application for approval or renewal, or any falsification or misrepresentation of any other reports, certifications, or applications required to be submitted by this Chapter may result in withdrawal of approval or any other sanction permitted by O.C.G.A. Section 43-40-25 or any citation permitted by O.C.G.A. Section 43-40-25.2.|
|(2)||Schools. Any prelicensing school whose annual percentage of students passing the real estate examination falls ten percentage points or more below the percent of total examinees passing the state real estate examination in any calendar year may have its approval withdrawn or have one of the sanctions allowed by O.C.G.A. § 43-40-25 imposed on it or any citation permitted by O.C.G.A. § 43-40-25.2.|
|(3)||Instructors. If an instructor or an application for instructor has a real estate license and that license is sanctioned by the Commission, such sanction may be grounds for Commission withdrawal of approval or denial of approval as an instructor.|
|(4)||Hearings. Before imposing any sanction for a violation of this Chapter, the Commission shall afford a hearing in accordance with the "Georgia Administrative Procedure Act" O.C.G.A. Chapter 50-13 to the school or instructor allegedly violating this Chapter.|