(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 or compliance with paragraph (D) of rule 1301:11-7-01 of the Administrative Code 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 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;
(4) The sponsor provides appropriate instructor and technical support to enable students to satisfactorily complete the course;
(5) 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;
(6) 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 for 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 provided or course instruction is given by at least one appraisal qualifications board certified instructor(s) and who is a residential or general state certified appraiser.
(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, dispute resolutions,
(3) Courses related to the practice of real estate appraisal or consulting,
(4) Developmental cost estimate,
(5) Ethics and standards of professional practice, uniform standards of professional appraisal practice,
(6) Land use planning, zoning,
(7) Management, leasing, timesharing,
(8) Property development, partial interests,
(9) Real estate financing and investment,
(10) Real estate law, easements and legal interests,
(11) Real estate litigation, damages, condemnation,
(12) Real estate appraisal related computer applications,
(13) Real estate securities and syndication,
(14) Federal, state, and municipal fair housing law.
(15) Developing opinions of real property value in appraisals that also include personal property and/or business value,
(16) Seller concessions and impact on value, or
(17) Energy efficient items and "green building" appraisals.
(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.
Five Year Review (FYR) Dates: 05/20/2016
Promulgated Under: 119.03
Statutory Authority: 4763.03, 4763.07, 4763.09
Rule Amplifies: 4763.07
Prior Effective Dates: 1/1/2008, 1/1/2009, 01/01/2012, 11/01/2012