790-X-1-.17. Disciplinary Actions For Instructors and Schools


For instructors who also hold a real estate license the Commission may take disciplinary action against the real estate license and/or the instructor approval of any instructor as provided in §34-27-36 when the instructor is found guilty of any of the provisions set out below. For instructors who do not hold a real estate license and for schools the Commission may revoke or suspend or may warn of the possibility of revoking or suspending the approval of any instructor or school found guilty of any of the provisions set out below. These shall apply when the accused:
(1) Is a party to any falsification of any document or other information provided to the Commission.
(2) Does an inadequate job of teaching the curriculum required by the Commission or submitted to be approved by the Commission as evidenced by the use of inaccurate, inappropriate and outdated teaching materials/information, student's poor performance on the state examination, student evaluations and/or Commission audits.
(3) Fails to utilize interactive instructional techniques by providing instruction primarily through lecture, reading text material, listening to audio tapes, watching video tapes, studying questions similar to those on the licensing exam, or a combination of the above.
(4) Publishes or causes to be published any advertising which is not in accordance with Rule 790-X-1-.15.
(5) Is guilty or has been found guilty of violating or disregarding any provision of the Alabama Real Estate License Law or any rule, regulation or order of the Commission.
(6) After receiving written warning from the Commission, continues to make inaccurate comments to students regarding course content or continues to offer opinions represented as being the law on principles of law to students which are in conflict with any material contained in a Commission prescribed or approved course.
(7) Engages in conduct which constitutes or demonstrates dishonest dealings, bad faith or untrustworthiness.
(8) Engages in unprofessional behavior and/or inappropriate conduct in the classroom including but not limited to regular tardiness, disorganization, the use of profanity, telling offensive jokes, and making inappropriate remarks unrelated to the subject matter.
(9) Fails to file with the Commission, either by paper or electronically, accurate and complete records or fails to furnish any documents at the request of the Commission by the required deadlines.
(10) Awards credit to any student who fails to comply with the student attendance participation standards as set forth in Rule 790-X-1-.14.
(11) Fails to comply with the classroom facilities requirement set forth in Rule 790-X-1-.19 and/or teaches prelicense/post license courses in locations other than the one submitted to and approved by the Commission.
(12) A revocation of instructor approval shall be for a period of two years. Any instructor whose approval has been suspended or revoked shall not be reapproved without meeting all current instructor requirements and being approved by the Commission.

Statutory Authority:

Code of Ala. 1975, §§ 34-27-6, 34-27-8, 34-27-33.
History:

Filed November 21, 1983. Ed. Note: Formerly Rule No 790-X-1-.12 Moved
in its entirety to become Rule No 790-X-1-.17 when new Rule No 790-X-1-.12
entitled ''Exemptions from Continuing Education'' was filed on August 27, 1986.
Amended: Filed August 15, 1988 (Rule title changed Rule Previously entitled
''Withdrawal of Approval.''). Amended: Filed October 22, 1991. Amended: Filed:
August 25, 1993; effective September 29, 1993. Amended: Filed June 9, 1994,
effective July 14, 1994. Amended: Filed August 3, 1998; effective September 7, 1998.
Amended: Filed August 29, 2000; effective October 3, 2000. Amended: Filed September 18, 2001;
Effective October 23, 2001. Amended: Filed August 25, 2006; Effective October 1, 2006