California Code of Regulations › Title 10 - Investment › Chapter 6 - Real Estate Commissioner › Article 24 - Private Vocational School and Supervised Course of Study Approvals › Section 3003 - Course Disapproval

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				If the commissioner determines that a course of study previously approved as
				equivalent is no longer equivalent in quality to courses offered by colleges
				and universities accredited by the Western Association of Schools and Colleges,
				or if the commissioner determines that an instructor or lecturer for the course
				is no longer qualified, or that the course sponsor has engaged in activity
				violating the provisions of Section
				3004, the commissioner shall give
				written notice of withdrawal of approval setting forth the reasons for the
				determination. If the commissioner determines, following an application for
				course approval, that the course will not provide applicants for real estate
				broker or real estate salesperson licenses with knowledge and understanding
				equivalent to that provided through courses offered by colleges and
				universities accredited by the Western Association of Schools and Colleges or
				if the commissioner determines that the instructor for the course is
				unqualified, the commissioner shall give written notice of denial of approval
				setting forth the reasons for the determination. Withdrawal or denial of
				approval will be effective 30 days after the notice of withdrawal or denial is
				received by the sponsor unless the sponsor earlier files a written request for
				hearing on the withdrawal or denial action. If the request for hearing is
				received by the commissioner before 30 days after the date of receipt of notice
				of withdrawal by the sponsor, the withdrawal or denial of approval shall not be
				effective unless and until ordered by the commissioner pursuant to findings and
				conclusions reached after hearing pursuant to Chapter 5 (commencing with
				Section 11500) of Part 1 of Division 3 of
				Title 2 of the Government Code. The hearing shall be commenced within 30 days
				after receipt of the request for hearing unless continued to a later date by
				order of the commissioner or by agreement of the parties. In a hearing on an
				order of withdrawal issued by the commissioner, the burden of proving that the
				course is no longer equivalent in quality shall be on the commissioner. In any
				hearing on an order of denial issued by the commissioner, the burden of proving
				the equivalency of the proposed course of study shall be on the
				applicant.
(b) Petition for
				Reinstatement.
(1) The sponsor of an offering
				for which approval has been withdrawn pursuant to subdivision (a) may, after a
				period of not less than one year has elapsed from the effective date of the
				withdrawal of approval, petition the commissioner in writing for reinstatement
				of approval of the offering. The petitioner shall be given the opportunity to
				present in writing argument and other evidence, statements or matters in
				support of the petition. The commissioner shall decide the petition and the
				decision shall include the reasons therefor.
(2) Upon a showing of good cause, the
				commissioner may allow the filing of a petition for reinstatement prior to the
				expiration of one year from the effective date of the withdrawal of
				approval.