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Chapter 520-5 STANDARDS FOR CONTRACTS FOR EDUCATION OR RESEARCH

Rule 520-5-.01 Purpose of Chapter

The purpose of this Chapter is to delineate the rules and regulations which the Georgia Real Estate Commission will follow in entering into contracts for education and research purposes.

Rule 520-5-.02 Providers

The Commission may enter into contracts with public or private institutions or individuals to establish, continue, or expand educational opportunities or research which will benefit real estate licensees or the public in its potential dealings with licensees. The Commission shall be the sole arbiter of which programs, if any, to fund. Priority will be given to those programs which offer continuing education opportunities to real estate licensees.

Rule 520-5-.03 Amounts and Terms of Contracts for Education or Research

The amount to be paid and the duration of any contract shall be as provided for in each contract. Any amendment to a contract to increase the payment or extend the time of performance shall be at the discretion of the Commission. No provision of any contract shall be construed as obligating the Commission and period during which the grant will be used shall be at the discretion of the Commission. No provision of any contract shall be construed as obligating the Commission to make any payment beyond the fiscal year in which the Commission enters into that contract.

Rule 520-5-.04 Proposals

Proposals to enter into contracts for education or research with the Commission will be required to contain the following:

(a) a statement of the educational objective of the proposed program or research;
(b) a statement of how the program will benefit real estate licensees or the public who may deal with them;
(c) if applicable, a detailed course outline, the number of educational hours in the program, length of course, schedule of instruction, location, and anticipated number of participants;
(d) if applicable, the purpose, scope, length, and place of research work;
(e) a detailed cost analysis of the entire course or project including, but not limited to such items as source of other funding for the program; cost of advertising, administration, instructors, materials, and physical facilities; and fees charged participants;
(f) evidence of approval by the State Board of Education if the school applying is subject to the Georgia Proprietary School Act, Ga. Laws 1972, p. 156 (O.C.G.A. § 20-4-60);
(g) a list of any instructors which may be used and their credentials;
(h) any academic credit to be awarded;
(i) such other information as the Commission may require at the time of application of submission of the proposal or after reviewing the proposal.

Rule 520-5-.05 Commission Action on Proposal

(1) The Commission shall act on all proposals within sixty days of receipt of a written original or amended proposal and shall notify the applicant in writing of:
(a) the terms of acceptance of the proposal;
(b) the reason or reasons for rejection of the proposal; or
(c) any further information needed to accept or reject the proposal.
(2) Decisions of acceptance and rejection by the Commission shall be final.

Rule 520-5-.06 Reports

A full report of the expenditure of funds under any contract shall be made to the Commission within thirty days of the end of the term of the contract or at such other reasonable time or times as the Commission may require. Whenever a contract for education or research requires that the provider conduct courses, seminars, or other educational programs, the provider shall issue a certificate of attendance to all who attend any such program upon completion of the program, and shall send to the Commission within 14 days of the end of a program a list of all persons who were in attendance. All attendees of such programs shall be notified in writing by the provider that certificates of attendance will be issued and that their attendance record will be forwarded to the Commission. The Commission may direct its representatives to monitor any program at any time and the providers shall be required to supply data to those representatives upon reasonable request.

Rule 520-5-.07 Use of Commission Name

Any advertising of a program or project must indicate that a portion or all of the cost of the program is underwritten by the Georgia Real Estate Commission. Any publication or other educational material produced as the result of a contract must include indication that a portion or all of the cost of producing the material is underwritten by the Georgia Real Estate Commission. All participants in any program underwritten totally or in part by the Georgia Real Estate Commission must be clearly and affirmatively made aware of the participation of the Georgia Real Estate Commission and how they may forward comments on the program to the Commission. No other use of the name of the Commission shall be permitted without the Commission's prior approval.

Rule 520-5-.08 Changes

No substantive changes, including schedule of programs, may be made in a program under a contract for education or research without the prior approval of the Commission. Emergency changes may be made on a temporary basis with the prior approval of the Real Estate Commissioner subject to review and final approval by the Commission at a regularly scheduled meeting. All requests for changes and authorizations of change must be in writing before they may be implemented.

Rule 520-5-.09 Participants

Any course offered to real estate licensees which the Commission has underwritten part or all of the cost must be available to all persons regardless of race, color, religion, sex, handicap, familial status, national origin, age, or membership in any organization.

Rule 520-5-.10 Expenditures

Any funds not expended in the implementation of a contract for education or research shall be returned to the Commission within thirty days of the termination date of the contract or at such other time as the Commission may require.

Rule 520-5-.11 Violations

Any violation of the provisions of this Chapter, any falsification or misrepresentation in a proposal for a contract for education or research, or violation of any written agreement entered into with the Commission under this Chapter may result in a termination of the contract and the requirement that any funds paid out by the Commission be returned. Any provider under a contract for education or research found to have not properly accounted for or improperly expended any grant funds shall repay said funds plus interest at 6% per annum to the Commission and said recipient shall be ineligible to enter into any other contract for education or research with the Commission unless said recipient shall first repay said funds plus interest. Should the Commission allege any violation under this Rule, it shall provide the respondent with a formal hearing in accordance with the Administrative Procedure Act.