Section 35.342. Approval of real estate educational director

(a) A real estate education provider shall obtain the Commission’s approval of its director before commencing operations in this Commonwealth. The applicant for director shall have a combination of experience in teaching, supervision and educational administration which, in the opinion of the Commission, will enable the applicant to competently administer a real estate education program in areas that include, but are not limited to, the following: evaluation of instructor performance; evaluation of curriculum and specific course content; analysis of course examinations; and management of records and facilities.

(b) The Commission may provisionally approve an otherwise qualified applicant for director who lacks sufficient background in teaching, supervision or educational administration. A provisionally approved director shall obtain the requisite qualifications in the time and manner prescribed by the Commission.

(c) An approved real estate education provider shall obtain the Commission’s approval before changing directors. The prospective director shall submit to the Commission the information required by § 35.341(6)(ii) (relating to approval of real estate education provider).

(d) If the director dies, withdraws or is terminated, an approved real estate education provider will not lose its approved status, nor will it be required to terminate operations within the Commonwealth provided that:

(1) The real estate education provider shall submit the name of an interim director to the Commission within 15 days of the death, withdrawal or termination of the director.

(2) The interim director is authorized to operate for up to 90 days following the death, withdrawal or termination of the director. Thereafter, continued operation is contingent upon approval of a director under subsection (a) or (b).

(3) No changes may be made to the curriculum, testing or facilities until the new director is approved by the Commission.

The provisions of this § 35.342 adopted February 24, 1989, effective February 25, 1989, 19 Pa.B. 781; amended December 10, 2004, effective December 11, 2004, 34 Pa.B. 6530. Immediately preceding text appears at serial page (263899).

Notation

Authority

The provisions of this § 35.342 issued under the Real Estate Licensing and Registration Act (63 P. S. § § 455.101—455.902).

Notes of Decisions

Experience

The Commission’s conclusion that applicant’s term as a school board director did not provide applicant with sufficient experience in educational supervision and administration to run a real estate school was not arbitrary and capricious. Black v. Barnes, 776 F. Supp. 1000 (3rd Cir. 1991).

Cross References

This section cited in 49 Pa. Code § 35.341 (relating to approval of real estate education provider); and 49 Pa. Code § 35.351a (relating to assistant school director).