Current through Register Vol. XLI, No. 50, December 13, 2024
Section 174-3-4 - Audits of approved providers, courses and instructors; Report and response required; Investigations4.1. All approved providers, courses and instructors shall be subject to audit by the Commission or its authorized representative(s) to ensure compliance with the West Virginia Real Estate License Act and the Commission's rules. 4.2 In the event of such an audit, all documentation and information requested and deemed necessary to complete the audit, shall be made available to the Commission or its representative(s). This may include, but is not limited to: 4.2.b. Attendance records;4.2.c. Course completion records and certificates of course completion;4.2.d. Advertisements, including information published on social media;4.2.e. Course materials used in conducting the course; and4.2.f. Any additional documentation reasonably requested by the Commission.4.3. The Commission representative(s) may make photocopies of any documentation the approved education provider or instructor has submitted relative to the audit and required to maintain by the Commission.4.4. The Commission representative(s) conducting the audit shall make report that is provided to the approved provider within sixty (60) days of the audit.4.5. The Commission will review and approve the written audit report prior to being delivered by certified mail, to the audited real estate course provider or instructor.4.6. The real estate course provider or instructor will receive a written warning and be given a specified amount of time to correct the issues, if there is an audit violation of any of the following:4.6.a. Does an inadequate job of teaching the curriculum required by the Commission as evidenced by the use of inaccurate, inappropriate or outdated teaching materials and strategies, students' poor performance on the licensing examination, student evaluations, and/or Commission audits. This shall include failing to teach the content contained in the detailed content outline(s) approved by the Commission;4.6.b. Engages in unprofessional behavior and/or inappropriate conduct in the classroom including but not limited to regular tardiness or excessive disorganization; the use of profanity or ridicule; making inappropriate or offensive remarks; or engaging in conduct prohibited by local, state or federal law relating to human rights, anti-discrimination and similar laws;4.6.c. Fails to display adequate knowledge of the subject matter in the presentation of information or in answering questions related to the subject matter;4.6.d. Fails to utilize a variety of teaching methods to accommodate visual, auditory and tactile learning styles;4.6.e. Makes inaccurate comments to students regarding course content or West Virginia real estate law to students which are in conflict with the West Virginia Real Estate License Act, the Commission's rules, or any material contained in a Commission approved course.4.7. The audited real estate course provider and/or instructor shall submit a written response to the Commission, at the end of the time specified in the written warning, outlining the actions taken to resolve the issues.4.8. Failure to respond or take the necessary corrective measures may result in non-renewal and/or disciplinary action set forth in this rule.4.9. The Commission may investigate any approved course provider and/or instructor, regarding matters of concern in the areas set forth in this section.