§ 93A-34. License required; application for license; fees; requirements for issuance of license.
§ 93A‑34. Licenserequired; application for license; fees; requirements for issuance of license.
(a) No person,partnership, corporation or association shall operate or maintain or offer tooperate in this State a private real estate school as defined herein unless alicense is first obtained from the Commission in accordance with the provisionsof this Article and the rules and regulations promulgated by the Commissionunder this Article. For licensing purposes, each branch location where a schoolconducts courses shall be considered a separate school requiring a separatelicense.
(b) Application for alicense shall be filed in the manner and upon the forms prescribed by theCommission for that purpose. The Commission may by rule set nonrefundableapplication fees not to exceed two hundred fifty dollars ($250.00) for eachschool location and fifty dollars ($50.00) for each real estate brokerprelicensing or postlicensing course. The application for a license shall beaccompanied by the appropriate fees and shall contain the following:
(1) Name and address ofthe applicant and the school;
(2) Names, biographicaldata, and qualifications of director, administrators and instructors;
(3) Description ofschool facilities and equipment;
(4) Description ofcourse(s) to be offered and instructional materials to be utilized;
(5) Information onfinancial resources available to equip and operate the school;
(6) Information onschool policies and procedures regarding administration, record keeping,entrance requirements, registration, tuition and fees, grades, studentprogress, attendance, and student conduct;
(7) Copies of bulletins,catalogues and other official publications;
(8) Copy of bondrequired by G.S. 93A‑36;
(9) Such additionalinformation as the Commission may deem necessary to enable it to determine theadequacy of the instructional program and the ability of the applicant tooperate a school in such a manner as would best serve the public interest.
(c) After dueinvestigation and consideration by the Commission, a license shall be issued tothe applicant when it is shown to the satisfaction of the Commission that theapplicant and school are in compliance with the following standards, as well asthe requirements of any supplemental regulations of the Commission regardingthese standards:
(1) The program ofinstruction is adequate in terms of quality, content and duration.
(2) The director,administrators and instructors are adequately qualified by reason of educationand experience.
(3) There are adequatefacilities, equipment, instructional materials and instructor personnel toprovide instruction of good quality.
(4) The school hasadopted adequate policies and procedures regarding administration, instruction,record keeping, entrance requirements, registration, tuition and fees, grades,student progress, attendance, and student conduct.
(5) The school publishesand provides to all students upon enrollment a bulletin, catalogue or similarofficial publication which is certified as being true and correct in contentand policy by an authorized school official, and which contains the followinginformation:
a. Identifying data andpublication date;
b. Name(s) of schooland its full‑time officials and faculty;
c. School's policiesand procedures relating to entrance requirements, registration, grades, studentprogress, attendance, student conduct and refund of tuition and fees;
d. Detailed schedule oftuition and fees;
e. Detailed courseoutline of all courses offered.
(6) Adequate records asprescribed by the Commission are maintained in regard to grades, attendance,registration and financial operations.
(7) Institutionalstandards relating to grades, attendance and progress are enforced in asatisfactory manner.
(8) The applicant isfinancially sound and capable of fulfilling educational commitments made tostudents.
(9) The school'sowner(s), director, administrators and instructors are of good reputation andcharacter.
(10) The school'sfacilities and equipment comply with all applicable local, State and federal lawsand regulations regarding health, safety, and welfare, including the Americanswith Disabilities Act and other laws relating to accessibility standards forplaces of public accommodation.
(11) The school does notutilize advertising of any type which is false or misleading, either by actualstatement, omission or intimation.
(12) Such additionalstandards as may be deemed necessary by the Commission to assure the conduct ofadequate instructional programs and the operation of schools in a manner whichwill best serve the public interest. (1979, 2nd Sess., c. 1193, s. 1; 1983, c. 81, ss. 1,2; 1989, c. 563, s. 4; 1993, c. 419, s. 12.; 2000‑140, s. 19(b); 2005‑395,s. 17.)