21 NCAC 04B .0804 APPROVAL OF CONTINUING EDUCATION INSTRUCTORS

(a) Approval of course instructors shall occur at the time of the approval of the course sponsor. Approval of a course instructor authorizes the instructor to teach the course only for the approved course sponsor. An approved course instructor may not conduct a course unless the instructor is conducting the course under the supervision of an approved course sponsor.

(b) An entity seeking original approval as a course sponsor shall submit an application for each instructor for the course on a form prescribed by the Board, which may be obtained from the Board using the information in Rule .0102 of this Chapter. The application requires:

(1) the instructor's name;

(2) the instructor's postal mail and email addresses;

(3) the instructor's telephone number;

(4) the instructor's education and experience; and

(5) the instructor's signature.

No additional application fee is required.

(d) The instructor(s) shall be qualified under one or more of the following standards:

(1) Possession of a baccalaureate or higher degree with a major in the field of marketing, finance, or business administration;

(2) Possession of a current North Carolina auctioneer or auction firm license, three years experience in auctioneering within the previous 10 years, and 30 classroom hours of auction education, excluding prelicensing education, within the past three years, such education covering topics that are in compliance with these Rules;

(3) Possession of a current North Carolina real estate broker license, three years experience in the real estate business within the previous 10 years, and experience teaching real estate prelicensing and continuing education courses;

(4) Possession of a license to practice law in North Carolina and three years experience in law practice within the previous 10 years; or

(5) Possession of qualifications found by the Board to be equivalent to one or more of the standards set forth in this Rule.

(e) The Board shall deny or withdraw approval of any course instructor upon finding that:

(1) The course sponsor or the instructor made any false statements or presented false information in connection with an application for approval;

(2) The instructor failed to meet the criteria for approval described in Paragraph (d) of this Rule or refused or failed to comply with any other provisions of this Subchapter;

(3) The instructor failed to demonstrate, during the teaching of courses, teaching skills described in Rule .0815 of this Section; or

(4) The instructor provided false or incorrect information in connection with any reports a course sponsor submitted to the Board.

(f) If a licensee who is an approved course instructor engages in any dishonest, fraudulent, or improper conduct in connection with the licensee's activities as an instructor, the licensee shall be subject to disciplinary action pursuant to G.S. 85B-8 and G.S. 85B-9.

(g) Upon the written request of the Board, an approved course instructor shall submit to the Board a video recording depicting the instructor teaching the course. The video recording shall have been made within 12 months of the date of submission, shall be in electronic format, and shall identify the instructor and the date of the presentation.

(h) An approved instructor who is a licensee of the Board shall receive continuing education credit hours for instruction at a rate of one hour for every one-half hour of approved course taught.

History Note: Authority G.S. 85B-4(e1);

Eff. July 1, 1999;

Temporary Amendment Eff. October 12, 2001;

Temporary Amendment Expired July 29, 2002;

Amended Eff. April 1, 2003;

Readopted Eff. July 1, 2020.