11:5-2.2 INSURANCE
6. No licensed school may offer a reduced tuition rate to stu- dents where eligibility for the lower tuition is contingent upon a student making a commitment to becoming licensed through a particular broker subsequent to their qualifying for licensure and no licensed school may otherwise make or imply any promise or guarantee of employment to any student.
7. No oral statements or written text referring to a licensed school may be included or contained in any advertisement by a real estate licensee, and no advertisement of a licensed school may refer to the brokerage operation or include the telephone number of any licensee except that a school which is owned by a real estate licensee or franchisor may use that name in its school name.
i. Any advertisement by a school whose name includes the name of an affiliated licensed real estate broker or franchisor shall include the following disclosure legend:
Attending this school will not obligate you to become em- ployed with our affiliated real estate broker(s), nor guarantee you an interview or a job with our affiliated real estate broker(s).
ii. No advertisement referring to a licensed school may be placed in the Help Wanted classified section of any newspaper or periodical.
8. No licensed school shall conduct prelicensure course ses- sions in any area which is part of a location which is licensed as a main or branch office of a real estate broker. For the purposes of this paragraph, an area will be considered as part of a licensed office location if any brokerage activity is conducted in that area at any time.
i. Where space on two or more floors in a multi-story build- ing is licensed as a main or branch office location, it is permis- sible for prelicensure courses to be conducted in such a building, provided that the primary means of access to and egress from the floor where the courses are conducted does not require the students to walk through any area of the licensed office location wherein brokerage activity occurs.
ii. Where only one floor in a building is licensed as a main or branch office, it is permissible for prelicensure courses to be conducted in another area on that floor, provided that there is a separate entrance to that area either from the exterior of the building or from a common foyer or lobby and provided that the primary means of access to and egress from the area wherein the courses will be conducted does not require students to walk through a portion of the licensed premises wherein brokerage activity takes place.
iii. In all situations where prelicensure courses are conducted in the same building in which brokerage activity occurs under the authority of a broker in any way affiliated with the licensed school conducting such courses, the broker shall post signs either on the exterior of the building or in any common foyer or lobby, directing students either to the separate exterior entrance to the school location or to the primary route of access to the school location from such foyer or lobby.
9. No licensed school shall allow any person to solicit stu- dents enrolled in, or considering enrolling in, a prelicensure or continuing education course to list, purchase or lease any prop- erty; or for referrals of prospective sellers, purchasers or lessees at any time while such students are on school premises.
(y) Licensed schools providing continuing education courses shall comply with all requirements imposed upon the providers of such courses as set forth in N.J.A.C. 11:5-12.
R.1972 d.127, effective June 28, 1972. See: 4 N.J.R. 71(a). Amended by R.1972 d.150, effective July 27, 1972. See: 4 N.J.R. 160(d), 4 N.J.R. 190(a). Amended by R.1980 d.441, effective October 10, 1980. See: 12 N.J.R. 341(a), 12 N.J.R 665(e). (e) and (f): New text. Amended by R.1983, d.471, effective November 7, 1983. See: 15 N.J.R. 1343(a), 15 N.J.R. 1865(c). Language simplified. Amended by R.1984, d.218, effective June 4, 1984. See: 16 N.J.R. 489(a), 16 N.J.R. 1352(a). Section substantially amended. Amended by R.1986 d.63, effective March 17, 1986. See: 17 N.J.R. 376(a), 18 N.J.R 566(b). (o)-(p) deleted; old (q) recodified to (p) with text added “instructor(s) name and . after student matriculation.”; (r)-(w) recodificd to (q)-(v). Amended by R.1988 d.409, effective September 6, 1988. See: 20 N.J.R. 1161(a), 20 N.J.R. 2298(a). Substantially amended (j) and (k); added new (1) and recodificd (1)-(v) as (m)- (w). Amended by R.1990 d.378, effective August 6, 1990. See: 22 N.J.R. 777(a), 22 N.J.R. 2323(a). Added new x. Amended by R.1993 d.11, effective January 4, 1993. See: 24 N.J.R. 3488(a), 25 N.J.R. 180(a). Subsection (e) deleted and reserved. Amended by R.1994 d.59, effective February 7, 1994 (operative July 1, 1994). See: 25 N.J.R. 4855(a), 26 N.J.R. 801(a). Amended by R.1994 d.267, effective June 20, 1994 (operative July 1, 1994). See: 26 N.J.R. 730(a), 26 N.J.R 1194(b), 26 N.J.R. 1222(a), 26 N.J.R. 2581(c). Amended by R.1998 d.497, effective October 5, 1998. See: 30 N.J.R. 2333(a), 30 N.J.R. 3646(a). Changed N.J.A.C. references throughout. Amended by R.2004 d.130, effective April 5, 2004. See: 35 N.J.R. 4812(a), 36 N.J.R. 1780(a). In (g)1, deleted “paragraph” following “set forth in”, deleted “promptly” preceding “disclosed to” and inserted “within 10 business days” following “the Commission”; in (n), inserted “prior to the payment of any fees” following “itemized by the school”. Administrative correction. See: 36 N.J.R. 5365(a). Amended by R.2011 d.184, effective July 18, 2011. See: 43 N.J.R. 369(a), 43 N.J.R. 1592(a). In the introductory paragraph of (a), inserted “prelicensure” and “and, as applicable, to the conducting of continuing education courses by such schools and instructors pursuant to N.J.A. C. 11:5-12.1”, and substituted a comma for “and” following “10.5”; in the introductory paragraph of (f), inserted “a” preceding “proper”, and substituted “evidencing compliance with” for “covering” and “New Jersey Commission on” for “State Department of’; in (f)1, inserted “prelicensure” and the last sentence; in (m), substituted “For real estate prelicensure courses, the” for “The”; rewrote the introductory paragraph of (r); in (t), inserted “prelicensure” and “Course Completion”; in the introductory paragraph of (x), inserted “and N.J.A.C. 11:5-12.15” and