Section 35.362. Inspection of real estate education providers

(a) Routine inspections. No more than four times a year while classes are in session, the Commission or those authorized representatives may conduct a routine inspection of the main location or satellite location of a real estate education provider for the purpose of determining whether the real estate education provider is in compliance with § § 35.351—35.363 (relating to administration of real estate education providers).

(b) Special inspections. In addition to the routine inspections authorized by subsection (a), the Commission or its authorized representatives may conduct a special inspection of a real estate education provider’s main location or satellite location:

(1) Upon a complaint or reasonable belief that the real estate education provider is not in compliance with § § 35.351—35.363.

(2) As a follow-up to a previous inspection that revealed the real estate education provider’s noncompliance with § § 35.351—35.363.

(c) Scope of inspection. Prior to the start of a routine or special inspection, the Commission or its authorized representatives will advise the real estate education provider, director or other person in charge at the time of the inspection that the inspection is being made under this section and is limited in scope by this section.

(d) During the course of a routine or special inspection or investigation, the Commission or its authorized representatives will be permitted to:

(1) Examine real estate education provider records.

(2) Inspect all areas of the real estate education provider’s premises.

(3) Monitor the performance of instructors in classrooms.

(4) Interview the real estate education provider, director and other administrative personnel, instructors and students.

The provisions of this § 35.362 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 (201898).

Notation

Authority

The provisions of this § 35.362 issued under the Real Estate Licensing and Registration Act (63 P. S. § § 455.101—455.902).

Cross References

This section cited in 49 Pa. Code § 35.344 (relating to withdrawal of real estate provider or director approval); 49 Pa. Code § 35.351 (relating to duty of director); and 49 Pa. Code § 35.360 (relating to records).