Investigation and Review of Accredited Schools

and Approved Courses PURPOSE: This rule outlines additional requirements for approved schools offering distance delivered courses. (1) The commission may, upon its own motion, or upon written complaint filed by any person, investigate the school, courses, course delivery and/or records maintained by an accredited school. (2) In conducting such investigation, the commission shall have the power to hold an investigatory hearing to determine whether there is a probability that the school, or any person acting on its behalf, has performed or attempted to perform any act or practice in violation of the statutes and regulations. (3) The commission may also investigate approved or proposed course offerings by conferring with sponsors and instructors, by visiting (with or without prior notice), or by surveys to participants, instructors and/or the school administrator. (4) The commission may deny, suspend, revoke or place on probation the accreditation of any school if it is determined that the school, administrator, staff, instructor(s) or any person associated in any way have violated any of the requirements of Chapter 7 of these regulations or have performed or attempted to perform any acts identified in 20 CSR 2250-7.090(5). (5) The commission may cause a complaint against the school to be filed with the Administrative Hearing Commission as provided by law when the commission believes there is a probability that a school or any person acting on its behalf has performed or attempted to perform any of the following acts: (A) Fails to maintain the standards set out in Chapter 7 of these regulations; (B) Is a party to any falsification of any document or other information provided to, or maintained at the request of the commission; (C) Makes any false statement or substantial misrepresentation in applying for accreditation; (D) Submits an application or supporting material that contains false or misleading statements or substantial misrepresentations; (E) Has an accumulative pass rate for firsttime examinees taking the school’s Salesperson Pre-Examination Course or Broker PreExamination Course that falls below forty percent (40%) for three (3) of the last six (6) months; (F) Causes, permits or otherwise encourages the communication of any advertising or solicitation of any kind, whether written or oral, designed to induce or encourage students, enrolled or to be enrolled at the school to enter into employment with any broker; (G) Permits any person or entity to recruit students enrolled at the school by means of coercion, pressure tactics, free offerings, rebates or similar means; (H) Engages in conduct which constitutes or demonstrates dishonest dealings, bad faith or untrustworthiness; (I) Engages in inappropriate conduct in the classroom including but not limited to the use of profanity, telling of offensive jokes, and making inappropriate remarks unrelated to the subject matter; (J) Fails to file with the commission, accurate, timely, and complete records; (K) Awards credit to any student who has either not taken the course or who has failed to satisfactorily complete the course; (L) Makes false statements regarding and/or promotes specific real estate related business models, organization structures, or organizations and fee structures; and/or (M) As a real estate licensee violates the statutes or regulations that govern the practice of real estate in this state. AUTHORITY: section 339.045, RSMo 2000 and sections 339.090 and 339.120, RSMo Supp. 2007.* This rule originally filed as 4 CSR 250-7.090. Original rule filed April 6, 2006, effective Sept. 30, 2006. Moved to 20 CSR 2250-7.090, effective Aug. 28, 2006. Amended: Filed Oct. 12, 2007, effective April 30, 2008. *Original authority: 339.045, RSMo 1978, amended 1981, 1983; 339.090, RSMo 1941, amended 1978, 2001; and 339.120, RSMo 1941, amended 1963, 1967, 1981, 1988, 1993, 1995, 1999, 2004.