No. 29224 (Amendment): R162-9. Continuing Education

DAR File No.: 29224
Filed: 11/14/2006, 03:58
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The reasons for the changes are: 1) the providers of continuing education courses maintain that it is very difficult to submit an application for approval of a course 60 days in advance of the date that a course will be offered because sometimes the course outline has not yet been finalized that far in advance of the course offering. The Division of Real Estate has determined that it does not need 60 days to process applications for certification of continuing education courses and instructors, and that 30 days would be sufficient, and so is willing to change the deadline to accommodate the interests of the course providers; 2) outdated language that is no longer needed is deleted. Specific fee amounts are also deleted since fees are set in the Division's fee schedules and since fees tend to change over time; and 3) there will be an additional means of proving continuing education credit. In addition to issuing to the student a paper course completion certificate, the course provider will upload course completion data electronically to the Division of Real Estate database.

Summary of the rule or change:

The amendment changes "60 days" to "30 days" in Subsections R162-9-4(9.4) and R162-9-5(9.5). Language concerning an effective date that has long since passed is also deleted from Subsections R162-9-5(9.5.1) and R162-9-6(9.6.5). Specific fee amounts are also deleted from Subsection R162-9-5(9.5.1). Continuing education providers will be required to upload course completion data to the Division of Real Estate database, provided the student gives the course provider the information that is necessary for the course provider to accomplish the upload of information for that student. Section R162-9-8 on continuing education banking is added.

State statutory or constitutional authorization for this rule:

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

Anticipated cost or savings to:

the state budget:

With respect to the change in the deadline for submission of continuing education courses, the Division does not anticipate any cost or savings. The Division of Real Estate has determined that it will be able to evaluate and act on applications for continuing education certification within 30 days without hiring additional staff. Therefore, no cost to the State budget is anticipated. Because only the turn-around time is being changed, not the process that the Division goes through to evaluate applications, no savings are anticipated either. With respect to the continuing education data upload by course providers, it is anticipated that this will save the Division money in two ways: 1) on most license renewals, the licensing personnel will no longer have to assemble and examine the paper course completion certificates that are currently submitted with a renewal form. The information will be available electronically in the Division database; and 2) it will be easier for the Division to conduct spot-checks of licensee continuing education, and therefore, the Division will save investigative costs. However, the amount of any savings cannot be accurately estimated.

local governments:

Local governments generally do not act as providers of continuing education for real estate agents and do not apply to the Division of Real Estate for certification of real estate continuing education courses or instructors. The Division does not anticipate any cost or savings to any local government entities who do apply to the Division of Real Estate for certification of courses as a result of the liberalization of the deadline for submission of continuing education courses. With respect to the rule change requiring upload of continuing education data by course providers, if any local government entities act as providers of certified real estate continuing education, the Division believes that the cost to them of uploading course data will be minimal.

other persons:

The only other persons who are impacted by the turn-around time for certification of real estate continuing education courses and instructors are the providers of the education courses. Changing the deadline for applying for certification by allowing the providers to submit applications closer to the time the courses will be given should not cost the providers any money. It is possible that the liberalization of the deadline may save the course providers money somehow, but the Division cannot anticipate whether there would be any savings or estimate how much that savings might be. With respect to the rule change requiring upload of continuing education data, the only other persons affected by this rule change are the providers of continuing education courses. The Division does not anticipate that the provisions requiring upload of continuing education data will save the course providers any money. There may be some cost to course providers in uploading the information to the Division, but the Division believes this cost will be minimal.

Compliance costs for affected persons:

Changing the deadline for applying for certification of continuing education courses and instructors by allowing course providers to submit applications closer to the time the courses will be given should not cost the providers any money. There may be some cost to uploading course completion data to the Division of Real Estate database, but the Division believes this cost would be minimal.

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

This filing makes technical amendments, provides continuing education course providers more flexibility in submitting their course certification applications to the Division for approval, and requires providers to upload course completion data electronically to the Division. The shorter time frame for submitting course certification applications could balance any costs for uploading course completion data. No further fiscal impact to businesses is anticipated. Francine A. Giani, Executive 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:

01/02/2007

This rule may become effective on:

01/10/2007

Authorized by:

Derek Miller, Director

RULE TEXT

R162. Commerce, Real Estate.

R162-9. Continuing Education.

R162-9-4. Instructor Certification Criteria.

9.4 Instructors for continuing education purposes will be evaluated and approved separately from the continuing education courses. All instructors must apply for certification from the Division not less than [60]30 days prior to the anticipated date of the first class that they intend to teach.

9.4.1 The instructor applicant must meet the same requirements as a certified prelicensing instructor as defined in R162-8.4.1; and

9.4.2 The instructor applicant must demonstrate knowledge of the subject matter by submission of proof of the following:

9.4.2.1 At least five years experience in a profession, trade or technical occupation in a field directly related to the course which the applicant intends to instruct; or

9.4.2.2 A bachelors or postgraduate degree in the field of real estate, business, law, finance, or other academic area directly related to the course which applicant intends to instruct; or

9.4.2.3 Any combination of at least five years of full-time experience and college-level education in a field directly related to the course which the applicant intends to instruct, or

9.4.3 The instructor applicant must demonstrate evidence of the ability to communicate the subject matter by the submission of proof of the following:

9.4.3.1 A state teaching certificate or showing successful completion of appropriate college courses in the field of education; or

9.4.3.2 A professional teaching designation from the National Association of Realtors or the Real Estate Educators Association; or

9.4.3.3 Evidence, such as instructor evaluation forms or letters of reference, of the ability to teach in schools, seminars, or in an equivalent setting.

9.4.4 An original continuing education instructor certification shall expire twenty-four months after issuance. Instructor certifications may be renewed by submitting a properly completed application for renewal prior to the expiration of the instructor's current certification, using the form required by the Division. The term of a renewed instructor certification is twenty-four months.

9.4.4.1 If the instructor does not submit a properly completed renewal prior to the expiration date of the instructor's current certification, the certification shall expire. For a period of thirty days after the expiration of an instructor certification, the instructor may apply for reinstatement of the certification by complying with all of the requirements for a timely renewal and, in addition, paying a non-refundable late fee.

9.4.4.2 After this thirty day period, and until three months after the expiration date, an instructor certification may be reinstated upon payment of a non-refundable late fee and completion of 6 classroom hours of education related to real estate or teaching techniques in addition to complying with all of the requirements for a timely renewal.

9.4.4.3 After the certification has been expired for three months, an instructor may not reinstate an expired certification and must apply for a new certification following the same procedure as an original applicant for certification.

 

R162-9-5. Submission of Course for Certification.

9.5 An applicant shall apply for consideration of certification of a course to the Division of Real Estate not less than [60]30 days prior to the anticipated date of the first class.

9.5.1 [Until January 1, 2005, the application shall include a non-refundable filing fee of $35.00 and an instructor certification fee of $15.00 per course per instructor. Beginning January 1, 2005, t]The application shall include [a]the non-refundable course certification fee [of $70.00 ]and [a]the non-refundable instructor certification fee [of $30.00 ]per course per instructor. Both fees shall be made payable to the Division of Real Estate.

9.5.2 The application shall be made on the form approved by the Division which shall include the following information:

9.5.2.1 Name, phone number and address of the sponsor of the course, including owners and the coordinator or director responsible for the offering;

9.5.2.2 The title of the course offering including a description of the type of training; for example, seminar, conference, correspondence course, or similar offering;

9.5.2.3 A copy of the course curriculum including a course outline of the comprehensive subject matter. Except for courses approved for specific distance education delivery, the course outline shall include the length of time to be spent on each subject area broken into segments of no more than 15 minutes each, the instructor for each segment, and the teaching technique used in each segment;

9.5.2.4 Three to five learning objectives for every three hours or its equivalency of the course and the means to be used in assessing whether the learning objectives have been reached;

9.5.2.5 A complete description of all materials to be distributed to the participants;

9.5.2.6 The date, time and locations of each course;

9.5.2.7 The procedure for pre-registration, the tuition or registration fee and a copy of the cancellation and refund policy;

9.5.2.8 Except for courses approved for specific distance education delivery, the procedure for taking and maintaining control of attendance during class time, which procedure shall be more extensive than having the student sign a class roll;

9.5.2.9 The difficulty level of the course categorized by beginning, intermediate or advanced;

9.5.2.10 A sample of the proposed advertising to be used, if any;

9.5.2.11 An instructor application on a form approved by the Division including the information as defined in R162-9.4;

9.5.2.12 A signed statement agreeing to allow the course to be randomly audited on an unannounced basis by the Division or its representative;

9.5.2.13 A statement defining how the course will meet the objectives of continuing education by providing education of a current nature and how it will improve the licensees ability to provide greater protection of and service to the public;

9.5.2.14 A signed statement agreeing not to market personal sales product.

9.5.2.15 A sample of the completion certificate, or the completion certificate required by the division, if any, that will be issued which shall bear the following information:

(a) Space for the licensee's name, type of license and license number, date of course

(b) The name of the course provider, course title, hours of credit, certification number, and certification expiration date;

(c) Space for signature of the course sponsor and a space for the licensee's signature.

9.5.2.16 Signature of the course coordinator or director.

9.5.3 Continuing education courses in which the instruction does not take place in a traditional classroom setting, but rather through other media where teacher and student are separated by distance and sometimes by time, may be certified by the Division provided the delivery method of the course has been certified by either the Commission or the Association of Real Estate Licensing Law Officials (ARELLO).

9.5.3.1 If a course is certified by ARELLO, only the delivery method will be certified by ARELLO. The subject matter of the course will be certified by the Division.

9.5.3.2. Education providers making application for Distance Education Certification based on ARELLO certification shall provide appropriate documentation that the ARELLO certification is in effect and that the course meets the content requirements of R162-9.3.2 along with other applicable requirements of this rule.

9.5.3.2.1. Approval under this paragraph will cease immediately should ARELLO certification be discontinued for any reason.

9.5.3.3. Courses approved for distance education delivery shall justify the classroom hour equivalency as is required by ARELLO standards.

9.5.4. The Real Estate Commission reserves the right to consider alternative certification methods and/or procedures for non-ARELLO certified Distance Education Courses.

 

R162-9-6. Conditions to Certification.

9.6.1 Upon completion of the educational program the course sponsor shall provide a certificate of completion in the form required by the Division.

9.6.1.1 Certificates of completion will be given only to those students who attend a minimum of 90% of the required class time of a live lecture. Within 10 days of the end of the course, the sponsor shall provide to the Division a roster of students and their license numbers for whom certificates were issued.

9.6.2 A course sponsor shall maintain for three years a record of registration of each person completing an offering and any other prescribed information regarding the offering, including exam results, if any.

9.6.2.1 Students registered for a distance education course shall complete the course within one year of the registration date.

9.6.3 Whenever there is a material change in a certified course, for example, curriculum, course length, instructor, refund policy, the sponsor shall promptly notify the Division in writing.

9.6.4 Until January 1, 2005, all course certifications shall be valid for one year after date of approval by the Division. Beginning January 1, 2005, all original course certifications and all renewed course certifications shall be issued with an expiration date of twenty-four months after approval by the Division.

9.6.4.1 If a course is not renewed within three months after its expiration date, the course provider will be required to apply for a new certification for the course.

9.6.4.2 After a course has been renewed for three times, the course provider will be required to make application as for a new certification.

9.6.5 [Until January 1, 2005, instructor certifications shall expire December 31 of each year. Until January 1, 2005, instructors who certify for the first time by September 30 shall renew December 31 of that same year. Until January 1, 2005, instructors who certify for the first time after October 1 shall renew December 31 of the following year. Beginning January 1, 2005, r]Renewed instructor certifications shall be issued for a term of twenty-four months.

9.6.5.1 To renew instructor certification an instructor must teach, during the year prior to renewal, a minimum of one class in each course for which certification is sought.

9.6.5.2 If the instructor has not taught during the year and wishes to renew certification, written explanation shall be submitted outlining the reason for not instructing the course, including documentation satisfactory to the Division as to the present level of expertise in the subject matter of the course.

 

R162-9-8. Continuing Education Banking.

9.8 For the purposes of this rule, "continuing education banking" is defined as the upload by a course provider of such information as specified by the Division to the Division's data base concerning the students who have successfully completed a continuing education course, including the name of the course, the certificate number assigned to the course by the Division, the date the course was taught, and the names and license numbers of all students who successfully completed the course.

9.8.1 Except as provided in Subsection 9.8.2, all course providers shall bank continuing education for all students who successfully completed a course within ten days after the course was taught.

9.8.2 If a course provider is unable to bank a student's continuing education credit because the student has either failed to furnish the name registered with the Division and/or the student's license number, or has furnished an incorrect license number or incorrect name to the course provider, the course provider shall not be disciplined by the Division for failure to bank the student's continuing education due to the reasons specified above.

9.8.3 A student who fails to provide an accurate license number and the name registered with the Division to a course provider within 7 days of course attendance shall not receive continuing education credit for the course attended.

 

KEY: continuing education

Date of Enactment or Last Substantive Amendment: [October 19, 2006]2007

Notice of Continuation: June 26, 2002

Authorizing, and Implemented or Interpreted Law: 61-2-5.5