REAL ESTATE COMMISSION 11:5-12.16
6. Providers of distance learning courses shall use procedures that provide reasonable assurance of student identity and verification that the student receiving the continuing education credit for completing the course is actually the individual who performed all of the work required to complete the course;
7. Distance learning courses shall be equipped with a time- default mechanism for inactivity so that a student is not credited when not actively participating in the program; and
8. The provider of a distance learning course shall obtain, electronically or through other means, a signed and dated statement from each student certifying that he or she personally completed the course.
11:5-12.15 Denials, suspension or revocation of approvals
(a) The Commission may conduct investigations as may be necessary to enforce the provisions of N.J.S.A. 45:15-16.2a et seq. and this subchapter and may deny an application for approval and issue a reprimand to or suspend or revoke the approval of a real estate continuing education provider, instructor, including an instructor otherwise deemed approved pursuant to N.J.A.C. 11:5- 12.10, or course, as applicable, if it is determined that:
1. An applicant, an instructor or a provider, individually or through any of the provider’s employees, has failed to comply with applicable law or this subchapter;
2. A course submitted for approval or previously approved does not adequately reflect and present current and accurate information;
3. The provider or instructor or applicant for approval has engaged in misrepresentation in advertising or otherwise;
4. The provider or instructor has failed to timely and accurately download data on course completion;
5. The provider or instructor or applicant for approval has included false information in an application or reported false data to the Commission or its designee;
6. The provider or instructor is affiliated with a real estate broker or broker-salesperson licensee that has used or threatened to use a penalty or other form of coercion to compel a licensee to take a continuing education course from the affiliated provider or instructor;
7. A payment to the Commission was dishonored or, if made by credit card, reversed;
8. The provider or instructor has been disciplined by the Commission or any other occupational licensing agency in New Jersey or another jurisdiction;
9. The provider has collected money from licensees for a continuing education course, but refused or failed to provide the promised instruction; or
10. The provider or instructor has provided to a licensee any false or misleading information related to real estate licensing or education matters or to the licensee’s education needs or license status.
(b) In the event that a provider or instructor who is also a New Jersey real estate licensee is found to have engaged in any of the conduct set forth in (a) above, the provider or instructor shall also be subject to discipline pursuant to N.J.S.A. 45:15-17 or 45:15-10.11, as applicable.
(c) If an application for approval is denied or disciplinary action is initiated, written notice of the grounds for denial, suspension or revocation of approval shall be issued by the Commission to the affected party. The applicant or respondent shall thereafter have the opportunity to be heard by the Commission in accordance with the provisions of the Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq.
11:5-12.16 Appeals of initial denials of applications for continuing education course, instructor and provider approval and of applications for a waiver of the continuing education requirement
(a) Complete applications for continuing education course, instructor and provider approval shall be reviewed by the Voluntary Advisory Committee. Should the Voluntary Advisory Committee recommend denial of the application, the Executive Director of the Commission shall so notify the applicant in writing, which notification shall include the specific grounds on the basis of which the Voluntary Advisory Committee determined to recommend the denial of the application. Such a notification shall constitute an initial denial of the application and shall advise the applicant of their opportunity to appeal the initial denial to the Real Estate Commission as set forth in this section.
(b) Applications for a waiver of the continuing education requirement shall be initially reviewed by the Commission staff. Should it be determined that an applicant does not qualify for such a waiver, the Executive Director of the Commission shall issue an initial denial in writing so notifying the applicant. The initial denial shall include the specific grounds on the basis of which it was determined that the applicant did not qualify for a waiver and shall advise the applicant of their opportunity to appeal the initial denial to the Real Estate Commission as set forth in this section.
(c) An applicant may appeal an initial denial as referenced in (a) or (b) above to the Commission by submitting an original and two copies of a written submission requesting such an appeal.
1. All appeal submissions shall include a copy of the initial denial of the Executive Director denying the application.
2. Appeal submissions may include any other relevant written material tending to support the appeal.