HAR §16-99-68. Prohibited advertising practices

(a) No school shall provide any information to the public or to prospective students which is false, misleading, or deceptive. Information is "misleading" when there may be a possibility that it will deceive the class of persons whom it is intended to influence. §16-99-68 99-40 (b) No school shall use any name, other than the name under which it registered with the commission, for advertising or publicity purposes. (c) No school shall advertise that it is "recommended," "endorsed," "approved," or "accredited" by the commission. A school may indicate that it is "registered" with the commission to conduct courses to qualify applicants for the real estate license examination. (d) No school shall make any warranties or guarantees that a student will pass the real estate license examination by taking its course. (e) No school shall advertise that it is endorsed by business establishments, organizations, or individuals engaged in the kind of work for which training is given until written evidence of this fact is filed with the commission. (f) No school shall solicit students in "help wanted" or other employment columns in newspapers or other publications or in any other form of advertising other than that which shows itself clearly to be that of a school seeking to enroll students. (g) No school shall make or imply any guarantee of employment or income to any student or prospective student unless the school can in fact guarantee employment or income and the school does so in writing. (h) No school shall advertise a course of instruction which has not been approved by the commission unless the advertisement clearly states that it is a "proposed" or "tentative" offering, subject to the approval of the commission. No money shall be collected from any prospective student for enrollment in such a course until it has been approved by the commission. [Eff and comp 3/3/84; comp 11/3/90; comp 2/25/91; comp 5/21/01; comp 12/19/16] (Auth: HRS §§467-4, 467-25.5) (Imp: HRS §467-25.5) §16-99-69 Revocation or suspension of school registration, course approval, and instructor certification. The commission may revoke or suspend the registration of any real estate school, the approval of any real estate course, or the certification of any instructor for any of the following causes: (1) The school, instructor, or course falls below the minimum requirements established by the commission including a student exam passing percentage; (2) The school or instructor violates any ordinances, codes, statutes, or rules relating to real estate schools or instructors; (3) The school or instructor solicits information from any person for the purpose of discovering past examination questions or questions which may be used in future examinations; §16-99-75 99-41 (4) The school or instructor distributes to any person copies of examination questions or otherwise communicates to any person examination questions, without the prior written approval of the copyright owner of the examination questions so distributed or communicated; or (5) The instructor sits for a Hawaii real estate license examination during the period the instructor is certified by the commission. [Eff and comp 3/3/84; am and comp 11/3/90; comp 2/25/91; comp 5/21/01; comp 12/19/16] (Auth: HRS §§467-4, 467-25.5) (Imp: HRS §467-25.5)