La. Admin. Code tit. 46 § LXVII-5319

Current through Register Vol. 50, No. 12, December 20, 2024
Section LXVII-5319 - Pre-license Instructors; Initial and Renewal Applications; Guest Lecturers
A. No person shall act as pre-license instructor at any real estate school, and no real estate school shall hire or otherwise permit any person to act as a pre-license instructor for the school, unless that person has been certified as such by the commission.
B. The application to become certified as a pre-license instructor shall be in such form and detail as prescribed by the commission and shall be accompanied by all documentation requested therein and the certification fee(s) prescribed in R.S. 37:1443.
C. Applicants for a pre-license instructor certification shall provide proof of instructor experience and shall have satisfied at least one of the following qualifications:
1. bachelor's degree with a major in real estate from an accredited college or university;
2. bachelor's degree from an accredited college or university and at least two years experience in real estate brokerage;
3. real estate broker license and a minimum of five years experience in the area of proposed instruction;
4. juris Doctorate degree or the equivalent from an accredited law school and a minimum of three years experience in the area of proposed instruction;
5. two years experience as a qualified instructor or professor in the business, finance or economics department of an accredited college or university;
6. any qualifications determined by the commission to be the equivalent of at least one of the qualifications prescribed in Paragraphs 1-5 of this Section, or any combination thereof.
D. Upon a determination by the commission that a pre-license real estate instructor applicant has met the minimum requirements, as prescribed in §5319. C 1-6, the applicant shall be required to pass the real estate pre-license instructor assessment examination specified by the commission. The application shall not be considered complete, and a certification number shall not be issued, until such time that the applicant submits the examination results to the commission.
E. The commission shall approve or deny a pre-license instructor application within 45 calendar days after it is received. Incomplete applications, or a request for additional information, may be a cause for delay beyond 45 calendar days.
F. The commission may deny an application for certification as a pre-license instructor if:
1. the applicant has been convicted of forgery, embezzlement, obtaining money under false pretenses, larceny, extortion, conspiracy to defraud, or theft, or has been convicted of a felony or crime involving moral turpitude in any court of competent jurisdiction;
2. an application contains a false statement of material fact;
3. a professional license or certification held by an applicant has been revoked;
4. the applicant fails to meet the minimum requirements prescribed in Section 5319. C 1-6;
5. the applicant fails to meet the qualifying score on the pre-license instructor assessment examination.
G. A pre-license instructor certificate shall be issued for a maximum period of one calendar year and shall expire annually on December 31, unless an application for renewal is submitted.
1. Renewal of a pre-license instructor certificate shall require annual completion of 12 hours of approved continuing education during the current certification period. The 12 hours shall include four hours in the mandatory topic prescribed by the commission.
2. Completed continuing education hours shall not include actual instruction hours.
H. Failure to renew a pre-license instructor certificate by December 31 shall result in the following action:
1. Approval to provide real estate instruction shall be automatically suspended;
2. The commission shall not accept any education courses for credit if the courses were instructed after the expiration of the pre-license instructor certificate;
3. Delinquent applications for renewal of a pre-license instructor certificate shall not be accepted by the commission after December 31. Failure to renew during the prescribed delinquent period of October 1 through December 31 shall result in the forfeiture of renewal rights. Any pre-license instructor that becomes ineligible to renew shall be required to apply as an initial applicant.
I. A guest lecturer shall meet at least one of the following qualifications:
1. a college or university professor in real estate, finance, economics, or a related field;
2. a specialist with a degree or professional designation with expertise in the specific topic of instruction;
3. a real estate licensee with at least five years experience in the area of proposed instruction.
J. Guest lecturers shall not instruct any pre-license course pertaining to the Louisiana Real Estate License Law or the commission rules and regulations.
K. Guest lecturers shall not provide more than two presentations of pre-license education for a certified real estate school in a calendar year.

La. Admin. Code tit. 46, § LXVII-5319

Promulgated by the Office of the Governor, Real Estate Commission, LR 37:3015 (October 2011), amended LR 38:3171 (December 2012), Amended LR 49657 (4/1/2023).
AUTHORITY NOTE: Promulgated in accordance with R.S. 37:1431 et seq.