CONSTITUTION. AS TO ITS DAILY OPERATION, THE UNIVERSITY OF OKLAHOMA IS UNDER THE FURTHER JURISDICTION OF THE BOARD OF REGENTS OF THE UNIVERSITY OF OKLAHOMA, PURSUANT TO ARTICLE XIIIA, SECTION 8 OF THE OKLAHOMA CONSTITUTION.
EVEN IF THE OKLAHOMA STATE REGENTS FOR HIGHER EDUCATION AND HAVE EXCLUSIVE JURISDICTION OVER THE UNIVERSITY OF OKLAHOMA, IT WOULD NOT BE A "SCHOOL OF REAL ESTATE . . . APPROVED BY THE REAL ESTATE COMMISSION" BECAUSE ITS OFFERED COUR SES DO NOT MEET THE SPECIFIC REQUIREMENTS ESTABLISHED IN COMMISSION RULES 102.1 AND 102.2.
PURSUANT TO 59 O.S. 858-208(10), THE OKLAHOMA REAL ESTATE COMMISSION HAS THE POWER AND DUTY "TO PROMULGATE RULES AND REGULATIONS GOVERNING THE APPROVAL OF ORGANIZATIONS OFFERING COURSES OF STUDY IN REAL ESTATE."
THE COMMISSION HAS PROMULGATED RULE 102.1 WHICH SPECIFIES THE REQUIREMENTS FOR ANY PERSON OR GROUP SEEKING TO CONDUCT A COURSE OF STUDY WHICH CAN BE APPROVED BY THE COMMISSION. APPROVAL AS A REAL ESTATE SCHOOL WILL NOT BE GIVEN UNLESS:
"1. THE REQUESTOR SUBMITS "SUCH DOCUMENTS, STATEMENTS AND FORMS AS MAY REASONABLY BE REQUIRED BY THE COMMISSION RELATED TO THE QUALIFICATIONS OF INSTRUCTORS, THE TEXT(S), CONTENT AND APPROACH RELATING TO THE PROPOSED COURSE OF STUDY," INCLUDING A COURSE SYLLABUS AND A RECORD OF EACH STUDENT AS TO ATTENDANCE AND THE NUMBER OF HOURS COMPLETED;
2. THE MAXIMUM NUMBER OF HOURS DOES NOT EXCEED SIX (6) HOURS PER CALENDAR DAY OR EIGHTEEN (18) HOURS PER WEEK;
3. THE STUDENT/INSTRUCTOR RATIO DOES NOT EXCEED 60 TO 1; AND
4. THE INSTRUCTORS ATTEND A REFRESHER COURSE EVERY TWENTY FOUR (24) MONTHS."
IN ADDITION, THE COMMISSION HAS PROMULGATED RULE 102.2 WHICH SPECIFIES ADDITIONAL REQUIREMENTS IN ORDER FOR AN ENTITY TO CONDUCT CONTINUING EDUCATION COURSES WHICH ARE APPROVED BY THE COMMISSION.
IT SHOULD BE NOTED THAT THE REAL ESTATE COMMISSION IS REQUIRED TO ACCEPT CERTIFIED TRANSCRIPTS FROM INSTITUTIONS OF HIGHER EDUCATION AS EVIDENCE THAT A CANDIDATE FOR LICENSURE HAS SUCCESSFULLY COMPLETED THE BASIC AND ADVANCED REAL ESTATE COURSES REQUIRED BY THE COMMISSION, PURSUANT TO 59 O.S. 859-304. IN ADDITION, THE COMMISSION MUST PUBLISH A LIST OF THE INSTITUTIONS AND ASSOCIATES AND THE COURSES OFFERED BY THEM IN THIS STATE WHICH ARE APPROVED BY THE COMMISSION, PURSUANT TO 59 O.S. 848-307.2(B)(2). ACCORDING TO THE OKLAHOMA REAL ESTATE COMMISSION COMMENT, VOLUM 22 RTO 2, THE APPROVED COURSES FOR CONTINUING EDUCATION, AS OF DECEMBER 10, 1987, INCLUDE COURSES OFFERED BY NUMEROUS INSTITUTIONS OF HIGHER EDUCATION LOCATED IN OKLAHOMA, INCLUDING THE UNIVERSITY OF OKLAHOMA.
FROM THE FOREGOING, IT CAN BE ARGUED THAT INSTITUTIONS OF HIGHER EDUCATION ARE DEEMED BY THE LEGISLATURE TO BE REAL ESTATE SCHOOLS APPROVED BY THE REAL ESTATE COMMISSION; HOWEVER, I DO NOT BELIEVE THAT THE LEGISLATURE INTENDED SUCH A RESULT. A BETTER INTERPRETATION IS THAT THE REAL ESTATE COMMISSION'S ACCEPTANCE OF CERTIFIED TRANSCRIPTS FROM INSTITUTIONS OF HIGHER EDUCATION IS EVIDENCE THAT AN APPLICANT FOR LICENSURE HAS SUCCESSFULLY COMPLETED A REAL ESTATE COURSE WHICH MEETS THE COMMISSION'S REQUIREMENTS; HOWEVER, THE COMMISSION'S ACCEPTANCE OF SUCH A TRANSCRIPT IS NOT EQUIVALENT TO "APPROVING" THAT PARTICULAR INSTITUTION AS