Lawriter - OAC - 1301:5-7-04 Distance education.

1301:5-7-04 Distance education.

(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) An entity 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 commission 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 utilized 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 entity proposes an offering, which will contribute to desired current knowledge for the purpose of protecting the consumer and improving service by real estate licensees.

(3) A summary of course design, including methods used to ensure 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;

(E) The Ohio real estate commission 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 utilizing 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 utilizes 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 (F) of this rule. Courses required pursuant to section 4735.07 of the Revised Code, section 4735.09 of the Revised Code shall not be approved for offering through distance education.

(F) The Ohio real estate commission may approve distance education course offerings in only the following subject areas:

(1) Legislative issues that influence real estate practice;

(2) Advanced real estate financing, including mortgages and other financing techniques;

(3) Real estate market measurement and evaluation, including site evaluations, market data, and feasibility studies;

(4) Real property management, including leasing agreements, accounting procedures, and management contracts;

(5) Land use planning and zoning;

(6) Real estate securities and syndication;

(7) Accounting and taxation as applied to real property;

(8) Land and community development and revitalization;

(9) Advanced real estate appraising;

(10) Real estate marketing procedures related specifically to actual real estate knowledge;

(11) Timeshares, condominiums and cooperatives;

(12) Brokerage office management;

(13) Use technology and/or internet marketing as applied to the practice of real estate.

(14) Real estate law, civil rights and ethics as provided in paragraph (D) of rule 1301:5-7-02 of the Administrative Code.

(15) Personal safety issues for the real estate agent and consumer;

(16) Real estate negotiation, general negotiation and real estate business and marketing communication; and

(17) Cultural diversity as applied to the practice of real estate.

(G) Every ten days, each course provider shall submit to the division of real estate, in a format prescribed by the division, a list of licensees who successfully completed the course.

The list shall include the correct course certification number; number of approved hours; date and location the course was held; name of attendee and correctly formatted file number.

(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 distance education course approval may be renewed for the succeeding year by filing a renewal form prescribed by the division with the division. 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.

(1) An application as provided in paragraph (D) of this rule, except the entity shall only include information or materials that have changed since the previous year's course approval;

(2) A processing fee of sixty dollars.

Effective: 01/01/2013
R.C. 119.032 review dates: 06/25/2012 and 06/30/2016
Promulgated Under: 119.03
Statutory Authority: 4735.10, 4735.15(E)
Rule Amplifies: 4735.141
Prior Effective Dates: 6/21/2002, 6/24/2004, 01/01/2008