Chapter 520-5 STANDARDS FOR CONTRACTS FOR EDUCATION OR RESEARCH
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.
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.
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.
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. |
| (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. |
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.
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.
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.
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.
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.
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.
