Chapter 1301:11-7 Continuing Education

(A) All state registered, licensed or certified real estate appraisers must satisfactorily complete fourteen classroom hours of continuing education courses within the one year period immediately following the issuance of their initial certificate of license and every year thereafter. A state registered, licensed or certified real estate appraiser shall submit to the division of real estate, on a form prescribed by the superintendent, such information as the superintendent or appraiser board may require concerning continuing education instruction completed by the individual.

(B) Beginning January 1, 2003, at least once in the succeeding two year education cycle and each two year education cycle thereafter, seven hours of the fourteen classroom hours of continuing education courses required pursuant to paragraph (A) of this rule shall be in the national uniform standards of professional appraisal practice update course, or its equivalent. Equivalency shall be determined through the appraisal qualifications board course approval program or by an alternate method established by the appraisal qualifications board.

(C) Continuing education instruction obtained in excess of fourteen classroom hours during the one year interval may not be used to meet the requirements for any future reporting period.

(D) No state registered, licensed, or certified real estate appraiser shall receive credit for more than eight classroom hours of continuing education instruction in any one calendar day.

(E) A state registered, licensed, or certified real estate appraiser may not receive credit for duplicate classroom hours of continuing education instruction completed during the term of the certificate or license being renewed.

(F) Except as provided in this paragraph, courses completed prior to being approved by the superintendent do not qualify for continuing education credit. State registered, licensed or certified real estate appraisers may receive credit for a course that has not been previously approved by the board, only when:

(1) The state registered, licensed, or certified real estate appraiser submits the course for credit within the same continuing education reporting period in which the course was taken.

(2) Each course is approved by a state appraiser regulatory agency or the appraiser qualifications board of the appraisal foundation.

(3) The state registered, licensed, or certified real estate appraiser submits an education compliance form, the course syllabus, course attendance certificate and a non-refundable twenty-five dollar course approval application fee; and

(4) The course is not a distance education course as defined in the rule 1301:11-7-03 of the Administrative Code.

Effective: 01/01/2008

R.C. 119.032 review dates: 12/22/2006 and 06/30/2011

Promulgated Under: 119.03

Statutory Authority: 4763.03, 4763.07

Rule Amplifies: 4763.03, 4763.07

Prior Effective Dates: 11/15/1991, 5/7/1993, 2/6/1996, 3/20/1999, 6/21/2002

(A) Application for course approvals.

(1) An applicant for initial course approval, additional course offerings of an approved course or renewal of a course approval shall apply to the division of real estate for approval of appraiser continuing education courses on a form prescribed by the division along with the nonrefundable fee as specified in paragraph (A)(2) of this rule. The application form and fee must be submitted to the division of real estate at least thirty days prior to the proposed initial date of the offering.

(2) A course provider which proposes to offer a continuing education course to registered, licensed, or certified appraisers shall remit to the division of real estate fees in accordance with the following schedule:

(a) For each application for initial approval of a continuing education course: fifty dollars,

(b) For each additional offering of an approved course within the same calendar year after the initial course: ten dollars, and

(c) For each continuing education course renewal: fifty dollars.

(d) For amendment of an approved course offering: ten dollars.

(B) Criteria for approval of offerings and instructors.

(1) Offerings will not be approved in segments of less than two classroom hours. No offering will be approved in which classroom instruction exceeds more than eight classroom hours in any one day. For purposes of this rule, one classroom hour consists of fifty minutes out of a sixty minute segment.

(2) Instructors who present a continuing education course must meet at least one of the following qualifications:

(a) Possession of a bachelor’s degree in a related field to that which the person is to teach, from a school listed as an institution of higher learning by the United States department of education, or from a comparable school of a foreign country,

(b) Possession of a valid teaching credential or certificate from Ohio or another state authorizing the holder to teach in the field of instruction which the person is to teach,

(c) Five years full-time experience in a profession, trade, or technical occupation in the applicable field, or

(d) Any combination of at least five years of full-time experience relevant to the applicable field and college level education.

(3) The national uniform standards of professional appraisal practice continuing education course required pursuant to paragraph (B) of rule 1301:11-7-01 of the Administrative Code shall only be awarded credit when the course is instructed by an appraisal qualifications board certified instructor(s) and by at least one residential or general state certified appraiser.

(4) Continuing education courses may be obtained from the following entities:

(a) Colleges or universities,

(b) Community or junior colleges,

(c) Real estate appraisal or real estate related organizations,

(d) State or federal agencies or commissions,

(e) Proprietary schools,

(f) Individuals, or

(g) Other providers approved by the board.

(5) Each continuing education course shall be open to all registered, licensed, or state-certified real estate appraisers on an equal basis.

(6) An examination of a registered, licensed, or certified appraiser shall not be a requirement for successful completion of a continuing education course.

(7) The superintendent of real estate may approve course offerings for continuing education which maintain and increase a registered, licensed, or certified appraiser’s skill, knowledge and competency in real estate appraising and which fall within the following areas:

(a) Ad valorem taxation,

(b) Arbitrations,

(c) Business courses related to real estate appraisal,

(d) Construction estimating,

(e) Ethics and standards of professional practice,

(f) Land use planning, zoning and taxation,

(g) Litigation,

(h) Management, leasing, brokerage, timesharing,

(i) Property development,

(j) Real estate appraisal (valuations/evaluations),

(k) Real estate financing and investment,

(l) Real estate law,

(m) Real estate litigation,

(n) Real estate appraisal related computer applications,

(o) Real estate securities and syndication,

(p) Federal, state, and municipal fair housing law, and

(q) Real property exchange.

(8) The following offerings will not be considered by the Ohio real estate appraiser board to meet continuing education requirements:

(a) Examination preparation courses,

(b) Offerings in mechanical office and business skills, including, but not limited to typing, speed reading, and memory improvement,

(c) Sales promotion or meetings held in conjunction with the general business of the attendee or his business associates,

(d) Meetings which are a normal part of in-house staff training,

(e) That portion of any offering devoted to meals or other refreshment, or

(f) Correspondence courses or distance education courses not in compliance with rule 1301:11-7-03 of the Ohio Administrative Code.

(C) Instructors of approved continuing education courses may receive continuing education credit for the number of unduplicated subject matter hours taught for each different course.

(D) Each course provider shall notify the division of real estate in writing, at least twenty days in advance of the addition of an offering date for an approved course, or change in an offering date for an approved course, and notify the division in writing at least three days in advance of all course changes including location(s), time(s), instructor(s), or change(s) in course content.

(E) The superintendent, upon application by the course sponsor or school, may waive the requirements of thirty day notification on an original application for course approval, or the twenty day application for additional offerings of an already approved course as set forth in paragraphs (A)(1) and (D) of this rule, if the superintendent determines that the offering meets the prescribed standards set forth in this rule and that any prescribed fees have been paid. The course provider must submit in writing a roster required under paragraph (H)(3) of this rule, along with a certified check or money order for the fees in accordance with the following schedule in order to be eligible for the superintendent’s waiver:

(1) For a new continuing education course offering submitted less than thirty days prior to the offering date, but not less than ten days prior to the offering… . two dollars per credit hour per attendee.

(2) For an additional offering of a course approved for that calendar year submitted less than twenty days prior to the offering date….two dollars per credit hour per attendee.

(3) For a change of location, time, instructor, or change of course content of a course approved for that calendar year, submitted less than three days prior to the offering date….two dollars per credit hour per attendee.

(F) The offering course providers must issue certificates using the correct course certification number. Any certificate incorrectly issued must be reissued to each attendee. Within thirty days of notice of the defective certificate by the offering entity using the valid certification number as assigned by the division.

(G) No approved course providers shall certify the attendance of a person who was not physically present during at least ninety per cent of the offering time. All offerings must be successfully completed.

(H) Record keeping.

(1) Offering course providers shall maintain for five years a record of attendance of each person attending an offering disclosing the following information:

(a) Ohio real estate appraiser board approval certification number,

(b) Name and business address of attendee,

(c) Offering title and description of offering.

(d) Classroom hours of attendance,

(e) Date of offering.

(f) Name, address, and signature of verifier in employ of the course provider.

(2) The course provider shall certify the items specified in paragraph (G)(1) of this rule on a certificate or transcript and furnish a copy to the attendee within thirty days after completion of the offering.

(3) Each course provider shall submit to the division of real estate, in a format prescribed by the division, within fifteen days after completion of each offering, a list of the registered, licensed, or certified appraisers who successfully completed the course. The list shall include the registered, licensed, or certified appraisers’ file numbers.

(I) Denial or withdrawal of offering:

(1) The superintendent of real estate may deny or withdraw approval of the initial application or renewal for any proposed continuing education offering if the offering does not meet the requirements of Chapter 4763. of the Revised Code or of the standards or criteria prescribed in rules 1301:11-7-01 to 1301:11-7-03 of the Ohio Administrative Code, or if the sponsoring entity has previously failed to comply with any of the provisions of this rule.

(2) The superintendent may deny or withdraw the approval as a continuing education course instructor for any person if the superintendent finds that the person does not meet the requirements of Chapter 4763. of the Revised Code or Ohio administrative code rules 1301:11-7-01 to 1301:11-7-03 of the Ohio Administrative Code.

(3) If the superintendent determines an initial offering, an offering previously approved, or an instructor does not or no longer meets prescribed standards set forth in Chapter 4763. of the Revised Code or this rule, a written notice of withdrawal of approval will be given stating the reasons therefore. Such withdrawal of approval will be effective ten days from the date of the notice of withdrawal.

(4) The party served with the withdrawal notice may file, within thirty days of the date of the withdrawal notice, a written request for hearing before the Ohio real estate appraiser board. If a request for hearing is timely filed, a hearing before the Ohio real estate appraiser board will be held within ninety days thereafter unless the party requesting the hearing shall have requested or consented to a postponement. If the hearing is not held within ninety days after a request for a hearing is received plus the period of any such postponement, or if a decision is not rendered within thirty days after the hearing, the order of denial shall be rescinded and a certificate of approval issued on request.

(J) The Ohio division of real estate shall keep a current list of approved continuing education courses which shall be available to the public.

Replaces: 1301:11-7-02

Effective: 01/01/2008

R.C. 119.032 review dates: 06/30/2011

Promulgated Under: 119.03

Statutory Authority: 4763.03, 4763.09

Rule Amplifies: 4763.07

Prior Effective Dates: 11/15/1991, 9/10/1996, 12/17/2001, 6/21/2002

(A) For purposes of this rule, the term “distance education” refers to educational programs in which instruction is accomplished through the use of interactive, electronic media and where the teacher and student are not physically in the same location at the time the course is being taught.

(B) A course provider shall apply to the division of real estate, for distance education course approval, in a form prescribed by the superintendent of real estate and include a nonrefundable processing fee of two hundred dollars. The application form and processing fee must be submitted to the division of real estate at least forty-five days prior to the proposed initial date of the offering. Distance education courses completed by a licensee prior to being approved by the Ohio real estate appraiser board will not qualify for continuing education credit.

(C) For the purposes of this rule, the term “hours of classroom education” shall mean the amount of time necessary to complete the course, without interruption;

(D) In addition to the information required on the application form prescribed by the superintendent, an application for approval for a distance education course shall include the following and any other documentation or information requested by the superintendent:

(1) A complete copy of the course on the medium that is to be used and, if requested by the superintendent, the sponsor must make available at the sponsor’s expense all software necessary for the superintendent to review the submitted course;

(2) Any other relevant information useful in determining that the course provider proposes an offering which will contribute to desired current knowledge for the purpose of protecting the consumer and improving service by state registered, licensed or certified appraisers.

(3) Summary of course design, including methods used to assure active student participation, a detailed course outline of topics covered, a time sequence for the hours requested, estimation of length of time it should take a student to complete the course;

(4) Satisfactory documentation of current approval by the appraiser qualifications board of the appraisal foundation and the international distance education certification center (IDECC) for each continuing education course for which an application is submitted.

(E) The Ohio real estate appraiser board may approve a course in distance education for continuing education credit, based upon a satisfactory review of the following criteria:

(1) The application and materials submitted pursuant to paragraph (D) of this rule;

(2) The course is designed to assure that students actively participate in the instructional process while completing the course by using techniques that require substantial student interaction with the instructor, other students or a computer program. The course design must not permit students to merely sit passively and observe instruction or read instructional materials;

(3) The course, when taken without interruption, consists of no more than seven hours of distance education;

(4) The sponsor provides the students with an orientation or information package which contains all necessary information about the course, including but not limited to information about the course subject matter and learning objective, procedures and requirements for satisfactory course completion, special requirements with regard to computer hardware and software or other equipment and the availability of instructor or technical support;

(5) The sponsor provides appropriate instructor and technical support to enable students to satisfactorily complete the course;

(6) The sponsor uses procedures that provide reasonable assurance of student identity and that the student receiving the continuing education credit for completing the course actually performed all of the work required to complete the course;

(7) The courses are designed to meet continuing education course requirements, subject areas of which are specified in paragraph (G) of this rule.

(F) Distance education shall not be approved for the appraiser qualification board national uniform standards of professional appraisal practice seven hour update or the fifteen hour class or their equivalent content as approved by the appraisers standard board of the appraisal foundation.

(G) The Ohio real estate appraiser board may approve distance education course offerings in only the following subject areas:

(1) Ad valorem taxation,

(2) Arbitrations,

(3) Business courses related to real estate appraisal,

(4) Construction estimating,

(5) Ethics and standards of professional practice,

(6) Land use planning, zoning and taxation,

(7) Litigation,

(8) Management, leasing, brokerage, timesharing,

(9) Property development,

(10) Real estate appraisal (valuations/evaluations),

(11) Real estate financing and investment,

(12) Real estate law,

(13) Real estate litigation,

(14) Real estate appraisal related computer applications,

(15) Real estate securities and syndication,

(16) Federal, state, and municipal fair housing law, and

(17) Real property exchange.

(H) The superintendent may deny an application for course approval for a distance education course that does not include institutional controls on the pace of instruction that are satisfactory to the superintendent

(I) A state registered, licensed or certified appraiser may only receive credit for completion of a distance education course in the calendar year in which the course was completed, and for which the course was approved, unless the course is renewed for the succeeding year by filing a renewal with the division.

(J) A distance education course approval may be renewed for the succeeding year by filing with the division a renewal form prescribed by the division and include a nonrefundable processing fee of one hundred dollars. The course provider shall only include information or materials that have changed since the previous year’s course approval. Failure to renew a course shall result in the automatic withdrawal of the course offering for the succeeding year, without any further action by the superintendent.

(K) A course provider may administer examinations to appraiser credential holders for the purpose of verifying participation and evaluating the effectiveness of the distance education course, but passage of an examination by an appraiser credential holder shall not be a condition for advancement to a subsequent section of the course or successful completion of the course.

Effective: 01/01/2008

R.C. 119.032 review dates: 06/30/2011

Promulgated Under: 119.03

Statutory Authority: 4763.03

Rule Amplifies: 4763.07