3003. Course Disapproval.

3003. Course Disapproval.
(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(1) The sponsor of an offering for which approval has been withdrawn pursuant to subdivision (a) may, after a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.