North Carolina General Statutes 93A-34. Certification required; application for certification; fees; requirements for certification
(a) No person, partnership, corporation, association, individual, or other entity shall operate or offer to operate in this State, whether live or in any online format, as a private real estate education provider as defined herein unless a certification is first obtained from the Commission in accordance with the provisions of this Article and the rules and regulations promulgated by the Commission under this Article. For certification purposes, each branch location where an education provider conducts courses shall be considered a separate location requiring a separate certification.
(b) Application for certification shall be filed in the manner and upon the forms prescribed by the Commission for that purpose. The Commission may by rule set nonrefundable application fees not to exceed two hundred fifty dollars ($250.00) for each education provider and fifty dollars ($50.00) for each real estate broker prelicensing or postlicensing course. The application for certification shall be accompanied by the appropriate fees.
(b1) Applications for education providers utilizing methods other than only distance education shall contain all of the following:
(1) Name and address of the applicant.
Terms Used In North Carolina General Statutes 93A-34
- Commission: means the North Carolina Real Estate Commission. See North Carolina General Statutes 93A-32
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- education provider: means any individual or real estate educational entity which is privately owned and conducting, for a profit or tuition charge, real estate broker prelicensing, postlicensing, or continuing education courses prescribed by N. See North Carolina General Statutes 93A-32
- following: when used by way of reference to any section of a statute, shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference. See North Carolina General Statutes 12-3
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3
(2) Names, biographical data, and qualifications of director, administrators, and instructors.
(3) Description of education provider school facilities and equipment, if any.
(4) Description of course or courses to be offered and instructional materials to be utilized.
(5) Information on policies and procedures regarding administration, record keeping, entrance requirements, registration, tuition and fees, grades, student progress, attendance, and student conduct.
(6) Copies of bulletins, catalogues, and other official publications.
(7) Repealed by Session Laws 2021-163, s. 1(a), effective October 6, 2021.
(8) Any additional information as the Commission may deem necessary to enable it to determine the adequacy of the instructional program and the ability of the applicant to operate in such a manner as would best serve the public interest.
(c) After due investigation and consideration by the Commission, certification shall be issued to the applicant when it is shown to the satisfaction of the Commission that the applicant and school are in compliance with the following standards, as well as the requirements of any supplemental regulations of the Commission regarding these standards:
(1) The program of instruction is adequate in terms of quality, content and duration.
(2) The director, administrators and instructors are adequately qualified by reason of education and experience.
(3) There are adequate facilities, equipment, instructional materials and instructor personnel to provide instruction of good quality.
(4) The education provider has adopted adequate policies and procedures regarding administration, instruction, record keeping, entrance requirements, registration, tuition and fees, grades, student progress, attendance, and student conduct.
(5) The education provider publishes and provides to all students upon enrollment a bulletin, catalogue or similar official publication which is certified as being true and correct in content and policy by an authorized school official, and which contains all of the following information:
a. Identifying data and publication date.
b. Name or names of education provider or providers and its full-time officials and faculty.
c. Education provider’s policies and procedures relating to entrance requirements, registration, grades, student progress, attendance, student conduct and refund of tuition and fees.
d. Detailed schedule of tuition and fees.
e. Detailed course outline of all courses offered.
(6) Adequate records as prescribed by the Commission are maintained in regard to grades, attendance, registration and financial operations.
(7) Institutional standards relating to grades, attendance and progress are enforced in a satisfactory manner.
(8) The applicant is financially sound and capable of fulfilling educational commitments made to students.
(9) The education provider’s owner(s), director, administrators and instructors are of good reputation and character.
(10) The education provider’s facilities and equipment comply with all applicable local, State and federal laws and regulations regarding health, safety, and welfare, including the Americans with Disabilities Act and other laws relating to accessibility standards for places of public accommodation.
(11) The education provider does not utilize advertising of any type which is false or misleading, either by actual statement, omission or intimation.
(12) Such additional standards as may be deemed necessary by the Commission to assure the conduct of adequate instructional programs and the operation of education providers in a manner which will best serve the public interest. (1979, 2nd Sess., c. 1193, s. 1; 1983, c. 81, ss. 1, 2; 1989, c. 563, s. 4; 1993, c. 419, s. 12; 2000-140, s. 19(b); 2005-395, s. 17; 2019-195, s. 3; 2021-163, s. 1(a).)