1301:8-5-09 Continuing education.

(A) Application for course approvals.

(1) Any person seeking to offer continuing education courses to licensees and designated salespersons shall apply to the superintendent of financial institutions for approval of the courses on forms prescribed by the superintendent. The application forms and a specified nonrefundable processing fee must be submitted to the superintendent at least thirty days prior to the initial date of the proposed course. The application form shall include the following information:

(a) The name, address and telephone number of the person proposing to offer the course, and the names and duties of all persons affiliated in an official capacity with the course;

(b) The names and addresses of the owners of the entity or association if the applicant is an entity or association;

(d) A summary of the course, including:

(i) The maximum number of participants per session;

(ii) A description of the type of training (e.g. seminar, conference, course, other);

(iii) The time, date, and location of the course. If the course will be offered more than once, the time, date, and location for each course shall be provided;

(iv) The proposed initial date of offering;

(v) Any prerequisite for admission or participation;

(vi) The duration of the course;

(vii) The form of attendance certificate;

(viii) Methods of record maintenance;

(ix) Textbooks and student materials prescribed;

(x) An outline or syllabus;

(xi) Attendance or participation fees;

(xii) A sample of any intended advertising;

(xiii) The number of credit hours. A credit hour must provide for no less than fifty minutes of instruction. One credit hour consists of fifty minutes of a sixty-minute hour. Breaks, introductions, lunches, announcements of other non-instruction time is to be excluded in calculating the credit hours requested. Each course shall be a minimum of one credit hour. Food may not be served or consumed during instruction time.

(xiv) The title of the course offering.

(e) The names and qualifications of teachers and instructors; and

(f) Any other information required by the superintendent to determine whether the proposed offering will maintain or increase a licensee’s or designated salesperson’s skill, knowledge, or competency in the pawnbroker business.

(2) Whenever there is a material change in an approved offering, the person shall promptly notify the superintendent in writing. An offering person or entity shall notify the superintendent in writing, at least ten 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 superintendent in writing at least three days in advance of all course changes including locations, times, instructors, or changes in course content.

(3) Each offering person or entity shall submit to the division of financial institutions, within fifteen days after completion of each offering, a list of licensees and individuals who successfully completed the course. The list shall include:

(a) Course title and certification number;

(b) Date conducted;

(d) Names of licensees and individuals who successfully completed the course;

(e) Pawnbroker license numbers of the licensees;

(f) Addresses (home or business) of licensees.

(B) Course approval criteria.

(1) The superintendent, when acting on an application for approval of a continuing education course, shall apply the following criteria:

(a) Courses will not be approved in segments of less than one-half credit hour. No offering will be approved in which classroom instruction exceeds six credit hours in any one day;

(b) Course instructors must meet at least one of the following qualifications approved by the superintendent:

(i) Possession of a bachelor’s degree in a field related to that in 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;

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

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

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

(i) Colleges or universities;

(ii) Communities or junior colleges;

(iii) Pawnbrokers or pawnbroker-related organizations;

(iv) State or federal agencies or commissions;

(v) Proprietary schools;

(vi) Individuals; or

(vii) Other providers approved by the division.

(d) Each continuing education course shall be open to all state-licensed pawnbrokers and their designated salespersons.

(e) Passage of an examination by a licensed pawnbroker or designated salesperson shall not be a requirement for successful completion of a continuing education course.

(f) The superintendent shall approve courses for continuing education which maintain and increase the skill, knowledge and competency of state licensed pawnbrokers and their designated salespersons and which fall within the following areas:

(i) Retail and safety and security;

(ii) Appraisal of precious stones and precious metals;

(iii) Copyright and trademark laws;

(iv) Use of the internet as it relates to the pawnbroker business;

(v) Compliance with federal laws applicable to the pawnbroker business such as firearms, bankruptcy, search and seizure and lending laws;

(vi) Compliance with state laws applicable to the pawnbroker business such as second hand dealers law, search and seizure and the pawnbroker act;

(vii) Computer software application and training relating to the pawnbroker business; and

(viii) Any other training which the superintendent deems to be relevant to the efficient and lawful operation of a pawnshop.

(g) The following courses will not be considered by the superintendent to meet the continuing education requirements for licensed pawnbrokers and their designated salespersons:

(i) Courses designed to prepare applicants for the demonstration of a working knowledge of pawnbroker practices required by section 4727.03 of the Revised Code;

(ii) Courses in mechanical and business skills such as typing, speed reading, memory improvement or language;

(iii) Sales promotion or other meetings held in conjunction with the general business of the attendee or his business associates;

(iv) Meetings which are a normal part of in-house staff training;

(v) That portion of any course devoted to breakfast, luncheon, and dinner or other refreshment;

(vi) Courses consisting entirely of videotaped information.

(2) Paragraph (B)(1)(g) of this rule does not limit the superintendent’s authority to disapprove any application that fails to meet the standards of this rule.

(1) Continuing education credit may be granted for participation, other than as a student, in continuing education courses approved by the superintendent or in other processes or programs approved by the superintendent which relate to pawnbroker practices or techniques. Participants receiving such credit may include, but are not limited to:

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

(b) An individual who has authored pawnbroker articles or textbooks may receive continuing education credit for the published article or textbook upon the submission of the following:

(i) A copy of the published article or textbook;

(ii) A summary of the article or textbook, with date of publication;

(iii) The number of copies sold or circulation of the publication carrying the article; and

(iv) An explanation of how the material published meets the criteria set forth in paragraph (B) of this rule.

(D) Pawnbroker attendees.

(1) If a corporation is licensed as a pawnbroker, the twelve hours of continuing education instruction required by section 4727.19 of the Revised Code shall be completed by the manager or the successor of the manager named in the license application submitted pursuant to section 4727.04 of the Revised Code.

(2) If a partnership is licensed as a pawnbroker, the twelve hours of continuing education instruction shall be completed by one of the partners.

(3) If a limited liability company is licensed as a pawnbroker, the twelve hours of continuing education instruction shall be completed by one of the members.

(4) If a sole proprietor is licensed as a pawnbroker, the twelve hours of continuing education instruction shall be completed by the sole proprietor.

(E) Individuals, designated salespersons, employees.

(1) The individual who completes the twelve hours of continuing education required in division (A) of section 4727.19 of the Revised Code will be considered to have satisfied the licensee’s requirement under that division for all of the licensee’s related branch pawnshops.

(2) The phrase “more than three employees” as used in division (B) of section 4727.19 of the Revised Code shall not include the individual who completed the twelve hours of continuing education required by division (A) of section 4727.19 of the Revised Code when calculating the number of employees. In a location where the individual who completed the twelve hours of continuing education is regularly present to conduct business, “more than three employees” means that a salesperson shall be designated to satisfy division (B) of section 4727.19 of the Revised Code when a fourth employee is present.

(3) If a licensee has branch pawnshops, a salesperson shall be designated to satisfy division (C) of section 4727.19 of the Revised Code when there are three or more employees present in any branch pawnshop location.

(4) In the event that the originally designated individual or salesperson is unable to comply with the continuing education requirements and has not fulfilled the continuing education requirements referenced in divisions (A) to (C) of section 4727.19 of the Revised Code, the newly designated individual or salesperson must complete any remaining required continuing education credit hours of the original designated individual or salesperson within the required period.

(5) As used in Chapter 4727. of the Revised Code and this chapter, “employee” is one who has a direct contact with the customers, whether on a full-time, part-time, or seasonal basis, such as an individual that sells or purchases merchandise or makes a loan on behalf of the pawnshop. The following individuals will not be considered by the superintendent to meet the definition of an “employee,” provided that the individual at no time sells or purchases merchandise or makes a loan on behalf of the pawnshop:

(a) Janitors:

(b) Bookkeeping personnel; or

Effective: 06/16/2005

R.C. 119.032 review dates: 11/15/2009

Promulgated Under: 119.03

Statutory Authority: 4727.13

Rule Amplifies: 4727.19