Section 645.427 - [Effective 7/1/2025] Instructors: Withdrawal of approval1. The Administrator may withdraw the registration of an instructor who: (a) Does an inadequate job of teaching the subject matter of a course as evidenced by a student evaluation, a complaint received by the Division or an audit conducted by the Division;(b) Has been determined in any administrative or judicial proceeding to have violated any statute, rule, regulation or order pertaining to real estate;(c) Has been convicted of, or entered a plea of guilty or nolo contendere to, any crime involving fraud, deceit, misrepresentation or moral turpitude;(d) Engages in inappropriate behavior in the classroom as evidenced by a student evaluation, a complaint received by the Division or an audit conducted by the Division; or(e) Fails to fulfill his or her duties pursuant to NAC 645.428.2. Before withdrawing the registration of an instructor, the Administrator must notify the instructor of the Administrator's intent to withdraw the registration of the instructor. The notice must include the specific reasons upon which the Administrator is basing the decision to withdraw the registration of the instructor. Not later than 30 days after the date on which the instructor receives the notice, the instructor may provide a written response to the Administrator that clearly sets forth the reasons why the registration of the instructor should not be withdrawn and outlining any corrective measures that the instructor will undertake. After the 30-day period has elapsed, the Administrator shall review the notice and any response submitted by the instructor and shall: (a) Withdraw the registration of the instructor;(b) Allow the instructor to remain registered if certain specific enumerated conditions are met, including, without limitation, requiring the instructor to retake the instructor workshop offered by the Division pursuant to paragraph (c) of subsection 10 of NAC 645.426; or(c) Allow the continued registration of the instructor.3. If the Administrator decides to withdraw the registration of an instructor, the Administrator shall send to the instructor by certified mail, return receipt requested, written notice of the decision. Withdrawal of the registration of the instructor becomes effective 30 days after the instructor receives notice of the withdrawal pursuant to this subsection unless the instructor appeals the decision within the time prescribed in subsection 5 for an appeal.4. If the Administrator withdraws the registration of an instructor, the Division shall give credit to a student for completing the course if the student began the course before the withdrawal of the registration of the instructor becomes effective.5. The instructor may appeal the decision of the Administrator to withdraw his or her registration by filing an appeal with the Commission not later than 30 days after the date on which the instructor receives notice of the withdrawal pursuant to subsection 3.6. If the instructor files a timely appeal, the Commission will, as soon as practicable, hold a hearing concerning the withdrawal of the registration of the instructor at a regularly scheduled meeting and will:(a) Affirm the decision of the Administrator to withdraw the registration of the instructor;(b) Suspend the registration of the instructor for a limited period and under such conditions as the Commission deems appropriate, including, without limitation, requiring the instructor to retake the instructor workshop offered by the Division pursuant to paragraph (c) of subsection 10 of NAC 645.426; or(c) Reverse the decision of the Administrator to withdraw the registration of the instructor.7. If the Commission affirms the decision of the Administrator to withdraw the registration of the instructor, the withdrawal becomes effective on the date specified by the Commission.8. If the instructor fails to file an appeal of the decision of the Administrator within the time prescribed by subsection 5 for an appeal, or if the Commission affirms the decision of the Administrator to withdraw the registration of the instructor, the Administrator shall send notice by certified mail, return receipt requested, to the last known business address of each sponsor of an approved course taught by the instructor.9. Each sponsor notified pursuant to subsection 8 shall:(a) Upon receipt of the notice, ensure the instructor is no longer associated with any of the approved courses of the sponsor by, without limitation, removing the name of the instructor from all course materials and taking appropriate action to ensure the instructor does not continue to teach any such approved courses; and(b) Notify the Division within 15 days after removing the name of the instructor from all applicable course materials pursuant to paragraph (a).Nev. Admin. Code § 645.427
Added to NAC by Real Estate Comm'n by R031-04, eff. 11-30-2004; A by R060-20A, eff. 12/29/2020; A by R199-22A, eff. 7/1/2025