Idaho Code
Chapter 20 - IDAHO REAL ESTATE LICENSE LAW
Section 54-2033 - INSTRUCTOR QUALIFICATIONS.

54-2033. INSTRUCTOR QUALIFICATIONS. (1) Qualified instructors at degree-granting institutions. A qualified or full-time instructor or professor of an accredited college or university in any state or jurisdiction and who teaches real estate-related courses is deemed to be an approved instructor of such courses, in Idaho, for the purposes of this chapter.
(2) Other instructor applicants. All other individuals wishing to teach any real estate courses for credit toward Idaho prelicense requirements, including the business conduct and office operations course, or the post license or the commission continuing education core course requirements, must first meet the following additional qualifications and receive separate certification for each course to be taught:
(a) Unless this requirement is waived upon special review of the commission in the manner stated below, no individual instructor seeking certification may have had a real estate or other professional or occupational license suspended or revoked for disciplinary reasons or have been refused a renewal of a license issued by the state of Idaho or any other state or jurisdiction. Further, the individual may not have been convicted, issued any fine, placed on probation, received a withheld judgment, or completed any sentence of confinement for or on account of any felony, or any misdemeanor involving fraud, misrepresentation, or dishonest or dishonorable dealing, in a court of proper jurisdiction. The failure of a certified instructor to maintain the qualifications required by this subsection shall be grounds for the commission to withdraw or cancel the instructor’s certificate as provided in section 54-2025(3), Idaho Code.
(b) Each applicant for certification shall also:
(i) Submit a completed application for instructor certification in the form and manner required by the commission, with all required fees;
(ii) File an executed "irrevocable consent to service of process" in the manner and form prescribed by the commission and according to section 54-2012(1)(k), Idaho Code;
(iii) Qualify as at least one (1) of the following:
1. An attorney at law actively licensed in any state or jurisdiction with at least five (5) years of active practice in the areas of study proposed to be taught, and who has also successfully completed a commission-approved instructor training course or procedure, including an assistant teaching period;
2. An individual currently approved or certified and in good standing as a real estate instructor for the same or similar course material in any other state or jurisdiction;
3. An individual who is appointed to teach a nationally recognized real estate course which is generally accepted in other states or jurisdictions; or
4. An individual with at least five (5) years active real estate-related experience who has also successfully completed a commission-approved instructor training procedure, including an assistant teaching period.
(3) Instructor teaching standards. An instructor certified to teach any real estate course for credit toward the requirements of this chapter shall comply with the minimum teaching standards established by the commission. A certified instructor shall not teach the course in a manner that is detrimental to the purpose of educating licensees.

History:
[54-2033, added 2000, ch. 285, sec. 3, p. 928; am. 2003, ch. 66, sec. 5, p. 225; am. 2004, ch. 120, sec. 4, p. 408; am. 2005, ch. 107, sec. 10, p. 350; am. 2006, ch. 166, sec. 7, p. 512; am. 2008, ch. 142, sec. 5, p. 414; am. 2010, ch. 212, sec. 4, p. 460; am. 2015, ch. 51, sec. 7, p. 119.]

Structure Idaho Code

Idaho Code

Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES

Chapter 20 - IDAHO REAL ESTATE LICENSE LAW

Section 54-2001 - SHORT TITLE.

Section 54-2002 - LICENSURE REQUIRED.

Section 54-2003 - EXCEPTIONS TO LICENSURE — ACTIVE LICENSEES — TRANSACTIONS INVOLVING PERSONAL PROPERTY.

Section 54-2004 - DEFINITIONS.

Section 54-2005 - THE IDAHO REAL ESTATE COMMISSION.

Section 54-2006 - QUALIFICATIONS OF COMMISSIONERS — TERM AND ORGANIZATION.

Section 54-2007 - COMPENSATION, POWERS AND DUTIES OF COMMISSION.

Section 54-2008 - ESTABLISHMENT OF IDAHO REAL ESTATE EDUCATION COUNCIL.

Section 54-2009 - COUNCIL APPOINTMENT, QUALIFICATIONS AND TERM.

Section 54-2010 - COMPENSATION.

Section 54-2011 - TYPES OF LICENSES.

Section 54-2012 - MINIMUM REQUIREMENTS FOR AN INDIVIDUAL PRIMARY IDAHO LICENSE.

Section 54-2013 - ERRORS AND OMISSIONS INSURANCE.

Section 54-2014 - LICENSE EXAMS.

Section 54-2015 - INDIVIDUALS ACTIVELY LICENSED IN ANOTHER STATE OR JURISDICTION SEEKING PRIMARY IDAHO LICENSURE.

Section 54-2016 - PRIMARY IDAHO LICENSES FOR LEGAL BUSINESS ENTITIES, SOLE PROPRIETORSHIPS AND BRANCH OFFICES — ADDITIONAL REQUIREMENTS.

Section 54-2017 - COOPERATIVE LICENSES.

Section 54-2018 - LICENSE RENEWALS — INACTIVE LICENSE STATUS — PERSONAL CHANGES — EFFECTIVE DATES — FEES NONREFUNDABLE.

Section 54-2019 - DENIAL OF LICENSE APPLICATIONS.

Section 54-2020 - FEES.

Section 54-2021 - OCCUPATIONAL LICENSES FUND — RECEIPTS AND DISBURSEMENTS.

Section 54-2022 - REAL ESTATE EDUCATION — PRELICENSE REQUIREMENTS.

Section 54-2023 - CONTINUING EDUCATION REQUIREMENTS.

Section 54-2024 - PURPOSE OF CERTIFICATION.

Section 54-2025 - CERTIFICATION REQUIREMENTS.

Section 54-2026 - CERTIFICATION OF COURSE PROVIDERS.

Section 54-2027 - DUTIES AND REQUIREMENTS OF ALL CERTIFIED COURSE PROVIDERS.

Section 54-2028 - TERM OF PROVIDER CERTIFICATION AND RENEWAL.

Section 54-2029 - NOTICE OF POTENTIAL EXPIRATION OF CERTIFICATION.

Section 54-2030 - EXPIRATION OR WITHDRAWAL OF PROVIDER CERTIFICATION — NOTICE TO STUDENTS.

Section 54-2031 - WITHDRAWAL OF IDAHO CERTIFICATION FOR CAUSE — PROCESS.

Section 54-2032 - CERTIFICATION OF INSTRUCTORS.

Section 54-2033 - INSTRUCTOR QUALIFICATIONS.

Section 54-2034 - SPECIAL CONSIDERATION — DISCRETION OF THE COMMISSION.

Section 54-2035 - TERM OF INSTRUCTOR CERTIFICATION AND RENEWAL.

Section 54-2036 - CERTIFICATION OF COURSES AND COURSE CONTENT.

Section 54-2037 - TERM OF COURSE CERTIFICATION AND RENEWAL.

Section 54-2038 - DESIGNATED BROKER — GENERAL RESPONSIBILITIES — BROKER PRICE OPINIONS.

Section 54-2039 - BROKER AND BRANCH MANAGER.

Section 54-2040 - MAIN OFFICE OR BUSINESS LOCATION.

Section 54-2041 - TRUST ACCOUNTS AND ENTRUSTED PROPERTY.

Section 54-2042 - CREATION OF NONINTEREST-BEARING TRUST ACCOUNTS — REQUIREMENTS.

Section 54-2043 - INTEREST-BEARING TRUST ACCOUNTS.

Section 54-2044 - TRUST ACCOUNT RECORDKEEPING — FORMAT OF RECORDS REQUIRED.

Section 54-2045 - TRUST ACCOUNT DEPOSITS AND RECEIPT OF CONSIDERATION.

Section 54-2046 - TRUST ACCOUNT DISBURSEMENTS.

Section 54-2047 - DISPUTED EARNEST MONEY.

Section 54-2048 - RESPONSIBLE BROKER FOR THE TRANSACTION — DUTIES AND RECORDKEEPING.

Section 54-2049 - RECORD RETENTION SCHEDULES.

Section 54-2050 - BROKERAGE REPRESENTATION AGREEMENTS — REQUIRED ELEMENTS.

Section 54-2051 - OFFERS TO PURCHASE.

Section 54-2052 - ELECTRONICALLY GENERATED AGREEMENTS.

Section 54-2053 - ADVERTISING.

Section 54-2054 - COMPENSATION, COMMISSIONS AND FEES — PROHIBITED CONDUCT.

Section 54-2055 - LICENSEES DEALING WITH THEIR OWN PROPERTY.

Section 54-2056 - TERMINATING OR CHANGING LICENSED BUSINESS RELATIONSHIPS.

Section 54-2057 - DEATH OR INCAPACITY OF A DESIGNATED BROKER.

Section 54-2058 - AUTHORITY TO INVESTIGATE AND DISCIPLINE.

Section 54-2059 - DISCIPLINARY POWERS — REVOCATION, SUSPENSION OR OTHER DISCIPLINARY ACTION.

Section 54-2060 - GROUNDS FOR DISCIPLINARY ACTION.

Section 54-2061 - ADDITIONAL GROUNDS FOR DISCIPLINARY ACTION — COURT ACTIONS — LICENSEE TO REPORT TO COMMISSION.

Section 54-2062 - ADDITIONAL GROUNDS FOR DISCIPLINARY ACTION — OTHER ADMINISTRATIVE ACTIONS — LICENSEE TO REPORT TO COMMISSION.

Section 54-2063 - DISCIPLINARY PROCEDURE AND REVIEW OF AGENCY ACTION.

Section 54-2064 - PROOF OF COMPLAINT — PROSECUTION BY COUNTY PROSECUTING ATTORNEY.

Section 54-2065 - PENALTY FOR ACTING AS A BROKER OR SALESPERSON WITHOUT LICENSE.

Section 54-2066 - INJUNCTIVE RELIEF.

Section 54-2067 - CEASE AND DESIST ORDERS.

Section 54-2068 - WITNESSES — DEPOSITIONS — FEES — SUBPOENAS.

Section 54-2069 - REAL ESTATE RECOVERY FUND ESTABLISHED.

Section 54-2070 - AUGMENTATION OF FUND.

Section 54-2071 - RECOVERY FROM FUND — PROCEDURE — GROUNDS — AMOUNT — HEARING.

Section 54-2072 - COMMISSION MAY ANSWER PETITION — COMPROMISE OF CLAIMS.

Section 54-2073 - COURT ORDER REQUIRING PAYMENT FROM RECOVERY FUND.

Section 54-2074 - AUTOMATIC SUSPENSION OF BROKER’S, ASSOCIATE BROKER’S OR SALESPERSON’S LICENSE ON PAYMENT BY COMMISSION — CONDITION FOR LICENSE REINSTATEMENT.

Section 54-2075 - ORDER OF PAYMENT OF CLAIMS IF RECOVERY FUND BALANCE INSUFFICIENT — INTEREST.

Section 54-2076 - COMMISSION’S RIGHT TO SUBROGATION.

Section 54-2077 - WAIVER OF RIGHTS.

Section 54-2078 - DISCIPLINARY ACTION AGAINST LICENSEES NOT RESTRICTED FOR VIOLATIONS OF LAW OR RULES.

Section 54-2079 - TERMINATION OF SALES ASSOCIATE FOR VIOLATION OF DISCIPLINARY PROVISIONS — STATEMENT TO BE FILED WITH COMMISSION.

Section 54-2080 - RECORDS — DISCLOSURE TO PUBLIC.

Section 54-2082 - SHORT TITLE.

Section 54-2083 - DEFINITIONS.

Section 54-2084 - BROKERAGE AGENCY RELATIONSHIPS — CREATION.

Section 54-2085 - DISCLOSURE AND WRITING REQUIREMENTS — AGENCY DISCLOSURE BROCHURE AND REPRESENTATION CONFIRMATION.

Section 54-2086 - DUTIES TO A CUSTOMER.

Section 54-2087 - DUTIES TO A CLIENT.

Section 54-2088 - LIMITED DUAL AGENCY AND ASSIGNED AGENCY PERMITTED.

Section 54-2089 - BROKER COMPENSATION.

Section 54-2091 - DURATION OF AGENCY RELATIONSHIP.

Section 54-2092 - DUTIES AND OBLIGATIONS OWED AFTER TERMINATION OF REPRESENTATION.

Section 54-2093 - VICARIOUS LIABILITY ABOLISHED.

Section 54-2094 - REPRESENTATION NOT FIDUCIARY IN NATURE.

Section 54-2095 - CONFLICTS WITH OTHER LAW.

Section 54-2096 - SEVERABILITY.

Section 54-2097 - RULEMAKING AUTHORITY OF THE COMMISSION.