No. 32766 (Amendment): R162-9-2. Determining Fitness for Course Certification

DAR File No.: 32766
Filed: 06/29/2009, 02:31
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

H.B. 86 in the 2009 General Session increased continuing education hours for real estate licensees from 12 to 18 hours. In connection with preparing for that change, the Division of Real Estate and the Real Estate Commission also updated the guidelines for approval of courses as either core or elective. (H.B. 86 (2009) is found at Chapter 352, Laws of Utah 2009, and was effective 05/12/2009.)

Summary of the rule or change:

This filing updates the specific lists of courses that may be approved by the Division of Real Estate as either core or elective courses.

State statutory or constitutional authorization for this rule:

Sections 61-2-5.5, 61-2-6, and 61-2-9

Anticipated cost or savings to:

the state budget:

None--The costs for reprinting the new rule are minimal and will not impact the state budget. The process for approving courses will not be changed.

local governments:

None--Local governments do not provide continuing education courses.

small businesses and persons other than businesses:

None--This rule filing does not change the number of hours that must be taken, and does not affect the cost to take courses.

Compliance costs for affected persons:

None--This rule filing does not change the number of hours that must be taken, and does not affect the cost to take courses.

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

This rule filing updates the list of courses that may be approved for continuing education. As indicated in the rule summary, no 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:

Thad LeVar at the above address, by phone at 801-530-6929, by FAX at 801-530-6446, 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:

08/14/2009

This rule may become effective on:

08/21/2009

Authorized by:

Thad LeVar, Deputy Director

RULE TEXT

R162. Commerce, Real Estate.

R162-9. Continuing Education.

R162-9-2. Determining Fitness for Course Certification.

9.2 The Division shall certify continuing education courses as either "core" or "elective" based on the course's intellectual and practical content and whether the course increases the licensee's competency, knowledge, professionalism and ability to protect and serve the public. The approval of courses is determined at the discretion of the Division. Course providers who have a course denied by the Division may appeal that decision to the Real Estate Commission.

9.2.1 Courses in the following subjects may be certified as "core": state approved forms/contracts, other industry used forms or contracts, ethics, agency, short sales or bank owned property sales, environmental hazards, property management, prevention of real estate and mortgage fraud, federal and state real estate laws or administrative rules, and brokers' trust accounts.

9.2.1.1 If a course regarding an industry used form or contract is approved by the Division as a "core" course, the provider of the course must:

(a) have ownership or written authorization to use the form(s) or contract(s) taught in the course; and

(b) have authority and grant permission to licensees for use of the form(s) or contract(s) used in the course by all licensees.

9.2.1.2 The owner of the form(s) or contract(s) may charge a reasonable fee for use of these form(s) or contract(s) by licensees.

9.2.2 Courses in the following subjects may be certified as "elective":

9.2.2.1 Real estate financing, including mortgages and other financing techniques; real estate investments; real estate market measures and evaluation; real estate appraising; market analysis, the measurement of homes or buildings, accounting and taxation as applied to real property; estate building and portfolio management for clients; settlement statements; real estate mathematics;

9.2.2.2 Real estate law; contract law; agency and subagency; real estate securities and syndications; regulation and management of timeshares, condominiums and cooperatives; resort and recreational properties; farm and ranch properties; real property exchanging; legislative issues that influence real estate practice; real estate license law and administrative rules;

9.2.2.3 Land development; land use, planning and zoning; construction; energy conservation in buildings; water rights; [real estate environmental issues and hazards including lead-based paint, underground storage tanks, radon, etc., and how they affect real estate; real estate inspections;]

9.2.2.4 [Property management; leasing agreements; accounting procedures; management contracts; l]Landlord/tenant relationships; property disclosure forms;

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

9.2.2.6 Commercial real estate; Tenants-in-Common;

9.2.2.7 [Using the computer, the Internet, business calculators, and other technologies to directly increase the licensee's knowledge, professionalism and ability to protect and serve the public]Courses that focus on real estate concepts, principles, or industry practices or procedures, if the courses enhance licensee professional skills and thereby advance public protection and safety;

9.2.2.8 Professional development, business success, customer relation skills, or sales promotion, including salesmanship, negotiation, sales psychology, marketing techniques related to real estate knowledge, servicing clients, communication skills;

9.2.2.9 Personal and property protection for licensees and their clients; and

9.2.2.10 Any other topic that directly relates to the real estate brokerage practice and directly contributes to the objective of continuing education.

9.2.3 Non-acceptable course subject matter includes topics such as:

9.2.3.1 Offerings in mechanical office and business skills, such as typing, speed reading, memory improvement, language report writing, advertising, technology courses with a principal focus on technology operation, software design or use, or similar offerings;

9.2.3.2 Physical well-being, personal motivation, stress management, dress-for-success, or similar offerings;

9.2.3.3 Meetings held in conjunction with the general business of the licensee and his broker, employer or trade organization, such as sales meetings, in-house staff or licensee training meetings, or member orientation for professional organizations;

9.2.3.4 Courses in wealth creation or retirement planning for licensees; and

9.2.3.5 Courses that are specifically designed for exam preparation.

 

KEY: continuing education

Date of Enactment or Last Substantive Amendment: [June 23, 2008]2009

Notice of Continuation: April 18, 2007

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