No. 28225 (Amendment): R162-9-3. Course Certification Criteria

DAR File No.: 28225
Filed: 09/13/2005, 12:21
Received by: NL

 

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Real Estate Commission would like to broaden the types of courses that are acceptable for continuing education purposes for real estate agents and brokers.

 

Summary of the rule or change:

Professional development and customer relations skills are added to the list of topics that are acceptable for continuing education purposes. The Division of Real Estate is given the discretion to decide whether or not the subject matter of a course is acceptable for continuing education credit, but an appeals process is provided whereby a course provider may appeal an adverse decision to the Real Estate Commission.

 

State statutory or constitutional authorization for this rule:

Subsection 61-2-5.5(1)(a)(v)

 

Anticipated cost or savings to:

the state budget:

None--The State budget is not affected by the list of acceptable/unacceptable topics for real estate agent and broker continuing education because State government is not a real estate agent or broker.

 

local governments:

None--Local government is not affected by the list of acceptable/unacceptable topics for real estate agent and broker continuing education because local governments are not real estate agents or brokers.

 

other persons:

The only persons who are affected by which topics are acceptable for real estate agent and broker continuing education credit are the real estate agents and brokers, and their providers of continuing education. The liberalization of continuing education topics will not cost these persons any money, but may save real estate agents and brokers money in that more courses that they may have taken for other reasons may also qualify for continuing education credit. The acceptability of additional topics may provide additional revenue opportunities for the providers of continuing education.

 

Compliance costs for affected persons:

The only persons who are affected by which topics are acceptable for real estate agent and broker continuing education credit are the real estate agents and brokers, and their providers of continuing education. The liberalization of continuing education topics will not cost these persons any money.

 

Comments by the department head on the fiscal impact the rule may have on businesses:

This rule filing broadens the type of courses acceptable for continuing education and provides an appeal process when the Division of Real Estate denies certification of a course. No fiscal impact to businesses is anticipated by this filing. Jason P. Perry, Acting Deputy Director

 

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Commerce
Real Estate
HEBER M WELLS BLDG
160 E 300 S
SALT LAKE CITY UT 84111-2316

 

Direct questions regarding this rule to:

Shelley Wismer at the above address, by phone at 801-530-6761, by FAX at 801-530-6749, or by Internet E-mail at [e-mail]

 

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

10/31/2005

 

This rule may become effective on:

11/01/2005

 

Authorized by:

Dexter Bell, Director

 

 

RULE TEXT

R162. Commerce, Real Estate.

R162-9. Continuing Education.

R162-9-3. Course Certification Criteria.

9.3 Courses submitted for certification shall have significant intellectual or practical content and shall serve to increase the professional competence of the licensee, thereby meeting the objective of the protection of and service to the public.

9.3.1 Three hours shall be comprised of "core course" curricula, the subjects of which will be determined by the division and the Real Estate Commission. The subject matter of these courses will be for the purpose of keeping a licensee current in changing practices and laws. These courses may be provided by the division or by private education providers but, in all cases, will have prior certification by the division.

9.3.1.1 Principal brokers and associate brokers may use the Division's Trust Account Seminar to satisfy the "core" course requirement once every three renewal cycles.

9.3.2 The remaining nine hours shall be in substantive areas dealing with the practice of real estate. Acceptable course [criteria]subject matter shall include the following:

9.3.2.1 Real estate financing, including mortgages and other financing techniques; real estate investments; accounting and taxation as applied to real property; estate building and portfolio management; closing statements; real estate mathematics;

9.3.2.2 Real estate law; contract law; agency and subagency; real estate securities and syndications; regulation and management of timeshares, condominiums and cooperatives; real property exchanging; real estate legislative issues; real estate license law and administrative rules;

9.3.2.3 Land development; land use, planning and zoning; construction; energy conservation;

9.3.2.4 Property management; leasing agreements; accounting procedures; management contracts; landlord/tenant relationships;

9.3.2.5 Fair housing; affirmative marketing; Americans with Disabilities Act;

9.3.2.6 Real estate ethics.

9.3.2.7 Using the computer, the Internet, business calculators, and other technologies to enhance the licensee's service to the public.

9.3.2.8 Offerings concerning professional development, customer relations skills, or sales promotion, including salesmanship, negotiation, sales psychology, marketing techniques, servicing your clients, or similar offerings.

9.3.2.9 Offerings in personal and property protection for the licensee and his clients.

9.3.3 Non-acceptable course [criteria]subject matter shall include courses similar to the following:

9.3.3.1 Offerings in mechanical office and business skills, such as typing, speed reading, memory improvement, language report writing, advertising, or similar offerings;

9.3.3.2 Offerings concerning physical well-being or personal development, such as personal motivation, stress management, time management, dress-for-success, or similar offerings;

9.3.3.3 Meetings held in conjunction with the general business of the licensee and his broker or employer, such as sales meetings, in-house staff or licensee training meetings;

9.3.4 The determination about whether or not the subject matter of a course is acceptable for continuing education credit shall be made by the Division.

9.3.4.1 If the Division has denied certification to a course on a finding that the subject matter is not acceptable, the course provider may request that the Commission conduct a new review of the course. All requests for a new review of a course shall be made in writing within 30 days after issuance of the Division's decision. The Commission will thereafter review the course and issue a written decision about whether or not the subject matter of the course is acceptable for continuing education credit. The decision of the Commission shall be subject to agency review by the Executive Director of the Department of Commerce.

9.3.5 The minimum length of a course shall be one credit hour or its equivalency. A credit hour is defined as 50 minutes within a 60-minute time period.

 

KEY: continuing education

[October 21, 2004]2005

Notice of Continuation June 26, 2002

61-2-5.5