Ala. Admin. Code r. 790-X-1-.17

Current through Register Vol. 43, No. 1, October 31, 2024

Section 790-X-1-.17 - Disciplinary Actions For Instructors, Administrators And Schools

(1) The Commission may take disciplinary action against an instructor, an administrator or a school in accordance with § 34-27-6 for violation of any of the following:

(a) Is a party to any falsification of any document or other information provided to the Commission.

(b) Publishes or causes to be published any advertising which is not in accordance with Commission rules.

(c) Is guilty or has been found guilty of violating or disregarding any provision of the Alabama Real Estate License Law or any rule, regulation or order of the Commission.

(d) Engages in conduct which constitutes or demonstrates dishonest dealings, bad faith or untrustworthiness.

(e) Fails to file with the Commission, either by paper or electronically, accurate and complete records or fails to furnish any documents at the request of the Commission by the required deadlines.

(f) Awards credit to any student who fails to comply with the student attendance participation standards as set forth in Commission rules.

(g) Fails to obtain a license for each location where the school offers a prelicense or post license course.

(h) Does an inadequate job of teaching the curriculum required by the Commission or submitted to be approved by the Commission as evidenced by the use of inaccurate, inappropriate and outdated teaching materials/information, student's poor performance on the state examination, student evaluations and/or Commission audits. This shall include failing to teach the content contained in the detailed content outline approved by the Commission.

(i) Takes no action to correct problems as identified in Commission audits.

(j) After receiving written warning from the Commission, continues to make inaccurate comments to students regarding course content or continues to offer opinions represented as being the law or principles of law to students which are in conflict with any material contained in a Commission prescribed or approved course.

(k) Engages in unprofessional behavior and/or inappropriate conduct in the classroom including but not limited to regular tardiness, disorganization, the use of profanity, ridicule, and sarcasm directed at subject matter, students or others, telling offensive jokes, and making inappropriate remarks unrelated to the subject matter.

(l) Fails to identify course objectives and display adequate knowledge of subject matter in presentation of information and answering of student questions.

(m) Fails to utilize a variety of teaching methods to accommodate visual, auditory, and tactile learning styles. Instructors shall not limit instruction to lecture, reading text material, utilizing audio-visual technology, or studying questions similar to those on the licensing examination which do not utilize interactive instructional techniques. Examples of interactive instructional techniques include but are not limited to role play, case studies, games, group work, etc.

(2) Any instructor, school or administrator whose license or approval has been revoked shall not be licensed or approved without meeting all current instructor or school requirements and receiving approval from Commissioners. Consideration of restoring license or approval status may proceed only after a two-year period has been completed.

Ala. Admin. Code r. 790-X-1-.17

Filed November 21, 1983. Ed Note: Formerly Rule No 790-X-1-.12 Moved in its entirety to become Rule No 790-X-1-.17 when new Rule No 790-X-1-.12 entitled "Exemptions from Continuing Education" was filed on August 27, 1986. Amended: Filed August 15, 1988 (Rule title changed Rule Previously entitled "Withdrawal of Approval."). Amended: Filed October 22, 1991. Amended: Filed: August 25, 1993; effective September 29, 1993. Amended: Filed June 9, 1994, effective July 14, 1994. Amended: Filed August 3, 1998; effective September 7, 1998. Amended: Filed August 29, 2000; effective October 3, 2000. Amended: Filed September 18, 2001; Effective October 23, 2001. Amended: Filed August 25, 2006; effective September 28, 2006. Amended: Filed June 21, 2007; effective July 26, 2007. Amended: Filed July 11, 2008; effective August 15, 2008. Amended: Filed May 27, 2009; effective July 1, 2009. Amended: Filed August 27, 2009; effective October 1, 2009. Amended: Filed August 27, 2009; effective October 1, 2009. Amended: Filed August 27, 2012; effective October 1, 2012. Amended: Filed September 6, 2013; effective October 11, 2013.

Amended by Alabama Administrative Monthly Volume XXXII, Issue No. 12, September 30, 2014, eff. 10/2/2014.

Amended by Alabama Administrative Monthly Volume XXXIV, Issue No. 11, August 31, 2016, eff. 10/1/2016.

Amended by Alabama Administrative Monthly Volume XXXVI, Issue No. 12, September 28, 2018, eff. 10/11/2018.

Author: Alabama Real Estate Commission

Statutory Authority:Code of Ala. 1975, §§ 34-27-6, 34-27-8, 34-27-33.