24 Del. Admin. Code § 2925-9.0

Current through Register Vol. 28, No. 5, November 1, 2024

Section 2925-9.0 - Provider Responsibilities

9.1 The organization receiving approval of a course or program must maintain a record of the course for not less than three years from the date of the course offering. The record shall include the documents as listed in "Maintenance and Availability of Records".

9.1.1 Maintenance and Availability of Records - An individual record of participation must be maintained by the sponsoring organization for a period of not less than three (3) years from the date of the course and upon request made readily available as an official statement to each student of his or her participation. Information which must be included as part of this record is:

9.1.1.1 Name and address of the organization offering the course

9.1.1.2 Name of course topic

9.1.1.3 Title of the course

9.1.1.4 Name and instructor approval of each instructor

9.1.1.5 Completion date of the course offering

9.1.1.6 Number of approved credit hours

9.1.1.7 A detailed outline of the course

9.1.1.8 A copy of the course approval letter received from the Commission

9.1.1.9 A copy of the individual instructor(s) approval(s) letter(s) issued by the Commission.

9.1.1.10 A copy of the individual student evaluations on forms provided by the Commission.

9.1.1.11 A copy of the course sign in sheet, with the licensees printed name, signatures of the students, license numbers, and their completion status, e.i., satisfactory or unsatisfactory.

9.2 Organization and Facilities - The sponsoring organization must have a designated individual responsible for the administration and coordination of the education program. That designee shall be responsible to report to the Commission and/or the Committee for the proper conduct of each such program. Facilities - The sponsoring organization must provide or arrange for appropriate educational facilities, and when necessary, library and reference materials and all instructional aids and equipment consistent with the content, format, and objective of each learning experience.

9.3 Sponsors or providers of all education courses shall be wholly and completely responsible for the qualifications, including Commission approval status, and conduct of course instructors.

9.4 Advertising: Course sponsors or providers shall either advertise a course only after the course and all instructors have been approved by the Commission or specify clearly in the advertisement that approval is pending.

9.5 A course may be approved for a period of two (2) calendar years, provided the course is conducted by the sponsor or provider making application, the curriculum and course length remains exactly as approved, and approved instructors are utilized. The Education Committee may recommend a shorter or probationary approval where good cause for limited approval can be demonstrated. Courses cannot be automatically renewed. Sponsors or providers will need to reapply by the course expiration date before conducting further courses. The Education Committee may recommend to the Commission that a provider's privilege of conducting an approved course be revoked for the remainder of the approval period, if the Education Committee determines that the provider is not maintaining the standards.

9.6 Sponsors or providers of all education courses shall be wholly and completely responsible for the conduct of their attendees, including faithful and complete student attendance as well as facilities management. Faithful and complete attendance is attentive presence for at least fifty (50) minutes of each credit hour. The course sponsor or provider shall determine whether students may use electronic devices during the course. Students shall be advised whether electronic devices are permitted before the course begins. A student who arrives after the instruction has begun or leaves before instruction is complete shall not be given continuing education credit.

9.6.1 Sponsors and providers shall arrange for an on-site monitor in addition to the approved instructor for each course. At no time will self-monitoring be permitted for Continuing Education Course.

9.6.2 Monitors are appointed to assist the course sponsors or providers and instructors. As a minimum, monitors will ensure students provide their own signatures on the course roster and advise the provider of those students who do not comply with faithful and complete attendance.

9.6.3 Monitors may be students for educational credit for that course.

9.6.4 The course sponsor or provider will supply to the student at the completion of the course or program, a Commission approved certificate of completion. This certificate must contain, but is not limited to, the following information:

*	Student Name

*	Sponsors Name

*	Module Number

*	Course Title

*	Date course was completed

*	Number of Credit Hours

*	Course Approval Number

*	Instructor Name(s)

*	Instructor Approval Number(s)

*	Student License Number

*	Licensure Period

9.7 The organization offering the course, shall, within fifteen (15) days after the completion of the course, provide a list of participants, their real estate license numbers (if applicable) and a copy of each student's course and instructor evaluation form and an evaluation summary report form to the Commission's Office. The evaluation summary report form shall be signed by any instructors who participated in the delivery of the course thus indicating each has had the opportunity to review the evaluation result. Failure of the organization to provide this information may be grounds to suspend the approval of that course or educational course, in the absence of a showing of good cause for that failure.

9.8 Where the provider is a prelicensing school, the administrator thereof is responsible to apply to the Delaware Department of Education for certification and to maintain such certification. Proof of current certification must be attached to the application for course approval submitted to the Education Committee.

9.9 By the second class meeting, Prelicensing schools are to solicit the names of students interested in being contacted by recruiters. Any students joining after the first class must be informed of the opportunity to be a part of the recruiting roster at the first class attended. Schools must supply the recruiting roster, on a Commission approved form, within seven (7) days of receiving a request from a broker.

9.10 At no time during periods of instruction, including breaks and the time immediately preceding or following instruction, shall any person involved in any approved real estate educational course, use, or attempt to use, the position of instructor, sponsor or provider etc., to solicit employees or licensees. Prior to commencement of instruction, students shall be notified of this prohibition and each student shall review and sign a recruiting acknowledgement log on a Commission approved form, which shall be retained by the provider for at least two years.

9.11 Where the provider is a prelicensing school, the administrator thereof is responsible to apply to the Delaware Department of Education for certification and to maintain such certification. Proof of current certification must be attached to the application for course approval submitted to the Education Committee.

9.12 Prior to admitting a student, and accepting payment of tuition, a prelicensing school, for salespeople or brokers, shall provide the prospective student with written notice that a criminal history may impact or be a bar to licensure. The written notice shall include a copy of the appropriate Commission Regulation listing the crimes substantially related to the practice of real estate services. The school shall obtain signed acknowledgment from the prospective student that the notice and list have been received and said acknowledgment shall be retained by the school for at least two years. This Section applies to both traditional courses and distance prelicensing courses. The written, signed acknowledgement shall include at minimum the following: "I understand that a criminal history may impact or be a bar to licensure in the real estate profession. I have received a copy of the Commission Regulation listing the crimes substantially related to the practice of real estate services."

9.13 Prelicensing schools will also furnish each student with current information regarding the prelicensing examination to include the "Real Estate Candidate Handbook" which is available to prelicensing schools through the testing service for this purpose.

9.14 Members of the Real Estate Commission, Education Committee or Division of Professional regulation staff shall have the right to audit any approved course without notice.

24 Del. Admin. Code § 2925-9.0

17 DE Reg. 1195 (6/1/2014)
19 DE Reg. 1028 (5/1/2016)
23 DE Reg. 777 (3/1/2020) (Final)