HAR §16-99-58. Faculty

(a) Each school shall designate an individual as principal. (b) The principal shall be responsible for: (1) Complying with the commission's rules relating to real estate schools; (2) Providing reports and information as may be required by the commission; (3) Informing the commission in writing five business days prior to any changes in school policies, programs, personnel, facilities, tuition, calendar, and all other matters changing the status of the school as originally licensed; (4) Advertising by the school; and (5) Directing and supervising the school staff and program. (c) Every instructor shall be biennially certified by the commission. Certification shall be obtained by each instructor for each course the instructor desires to teach. The commission may, prior to the instructor's initial certification and prior to any recertification, require the instructor to do either or both of the following: to complete a commission sponsored or approved instructor's workshop, or to appear before the commission to demonstrate the instructor's command of and ability to communicate the prelicense course. (d) Each instructor shall initially take and pass an examination with a minimum passing score of eighty-five per cent or as prescribed by the commission and shall: (1) Hold a current and unencumbered Hawaii real estate broker's license, have at least three years full-time experience in real estate in Hawaii, and fulfill the present experience requirement for a Hawaii broker's license; (2) Hold a degree in law and be an attorney licensed and in practice in the area of real estate for at least two years in this State; (3) Hold an appointment to the real estate faculty of an accredited college or university; or §16-99-59 99-35 (4) Have graduated from an accredited college or university, have at least three years full-time experience in real estate in Hawaii, and fulfill the present experience requirements for a Hawaii broker's license. (e) Each instructor shall have had one year prior teaching experience in real estate within three years preceding the application for certification and possess in addition to the requirements in subsection (d): (1) A certificate of completion from a special real estate instructor institute issued within a year immediately preceding the request for certification; (2) A certificate of completion from a professional real estate course leading to a professional designation accepted by the commission; (3) An appointment to the real estate faculty of an accredited institution of higher education; (4) A certificate of completion from an accredited salesperson and broker course; or (5) Other as the commission may determine (including successfully passing a qualifying real estate license examination). (f) School personnel shall comply with applicable state department of health requirements. (g) An instructor may not be certified if the individual has been: (1) Disciplined by the commission or any state or by any licensing regulatory body for fraud, misrepresentation, or deceit in connection with the sale, purchase, exchange, or property management of any interest in real estate or for any other conduct substantially related to the practice or profession of real estate; or (2) Convicted of a crime which substantially relates to the profession of teaching or to the practice or profession of real estate. (h) A registered school shall obtain the approval of the commission prior to scheduling the appearance of a guest lecturer or substitute teacher as an instructor for a specified topic of instruction included in its approved curriculum. A guest or substitute teacher shall not be used for more than fifty per cent of its scheduled classes. [Eff and comp 3/3/84; am and comp 11/3/90; comp 2/25/91; am and comp 5/21/01; am and comp 12/19/16] (Auth: HRS §§467-4, 467-25.5) (Imp: HRS §467-25.5)