Chapter 1301:11-7 Continuing Education

1301:11-7-01 [Effective until 1/1/2015] Continuing education requirement.

(A) 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 of continuing education 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) The requirements of this rule must be satisfied through distance education as defined in paragraph (A) of rule 1301:11-7-03 of the Administrative Code or through classroom hours of instruction. For this rule, "classroom hour" applies to instruction in a classroom setting or in a distance education setting.

(D) Distance education is acceptable if:

(1) The course provides interaction. Interaction is a reciprocal environment where the student has verbal or written communication with the instructor;

(2) And the course content is approved by: the course approval program through the appraiser qualifications board of the appraisal foundation; the superintendent or the real estate appraiser board; or an accredited college, community college or university that offers distance education programs and is approved or accredited by the commission on colleges, a regional or national accreditation association or by an accrediting agency that is recognized by the U.S. secretary of education. Non-academic credit college courses provided by a college must be approved by the appraiser qualifications board of the appraisal foundation;

(3) And the course receives course delivery mechanism approval from an approved appraiser qualifications board organization in course design and delivery; or a college that qualifies under paragraph (D)(2) of this rule that awards academic credit for the distance education course; or a qualifying college for content approval with a distance education delivery program that approves the course design and delivery that incorporates interactivity.

(E) 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.

(F) 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 unless the continuing education instruction is distance education as defined in paragraph (A) of rule 1301:11-7-03 of the Administrative Code.

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

(H) 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 the state registered, licensed, or certified real estate appraiser:

(1) Submits the course for credit within the same continuing education reporting period in which the course was taken;

(2) Submits proof the course is approved by a state appraiser regulatory agency or the appraiser qualifications board of the appraisal foundation if the course was completed through classroom hours of instruction or submits proof the course is approved by international distance education certification center (IDECC) and by the appraiser qualifications board of the appraisal foundation if the course is offered in a distance education setting; and

(3) Submits an education compliance form, the course syllabus, course attendance certificate and a non-refundable twenty-five dollar course approval application fee.

(I) Any state registered, licensed or certified real estate appraisers returning from active military duty may be placed in active status for a period up to ninety days pending the completion of all applications and continuing education requirements.

Effective: 01/27/2014
R.C. 119.032 review dates: 05/20/2016
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, 1/1/2008, 1/1/2009, 11/29/2010, 01/01/2012, 11/01/2012

1301:11-7-01 [Effective 1/1/2015] Continuing education requirement.

(A) 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 of continuing education 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) The requirements of this rule must be satisfied through distance education as defined in paragraph (A) of rule 1301:11-7-03 of the Administrative Code or through classroom hours of instruction. For this rule, "classroom hour" applies to instruction in a classroom setting or in a distance education setting.

(D) Distance education is acceptable if:

(1) The course provides interaction. Interaction is a reciprocal environment where the student has verbal or written communication with the instructor;

(2) And the course content is approved by: the course approval program through the appraiser qualifications board of the appraisal foundation; the superintendent or the real estate appraiser board; or an accredited college, community college or university that offers distance education programs and is approved or accredited by the commission on colleges, a regional or national accreditation association or by an accrediting agency that is recognized by the U.S. secretary of education. Non-academic credit college courses provided by a college must be approved by the appraiser qualifications board of the appraisal foundation;

(3) And the course receives course delivery mechanism approval from an approved appraiser qualifications board organization in course design and delivery; or a college that qualifies under paragraph (D)(2) of this rule that awards academic credit for the distance education course; or a qualifying college for content approval with a distance education delivery program that approves the course design and delivery that incorporates interactivity.

(E) 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.

(F) 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 unless the continuing education instruction is distance education as defined in paragraph (A) of rule 1301:11-7-03 of the Administrative Code.

(G) Aside from complying with the seven hour national uniform standards of professional appraisal practice update course, or its equivalent, a state registered, licensed, or certified real estate appraiser may not receive credit for duplicate hours of continuing education completed during the term of the certificate or license being renewed.

(H) 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 the state registered, licensed, or certified real estate appraiser:

(1) Submits the course for credit within the same continuing education reporting period in which the course was taken;

(2) Submits proof the course is approved by a state appraiser regulatory agency or the appraiser qualifications board of the appraisal foundation if the course was completed through classroom hours of instruction or submits proof the course satisfies the requirements found in paragraph (D) of this rule if the course is offered in a distance education setting; and

(3) Submits an education compliance form, the course syllabus, course attendance certificate and a non-refundable twenty-five dollar course approval application fee.

(I) Any state registered, licensed or certified real estate appraisers returning from active military duty may be placed in active status for a period up to ninety days pending the completion of all applications and continuing education requirements.

(J) Any state registered, licensed or certified real estate appraisers impacted by a state or federally declared disaster that occurs within ninety days prior to the end of the continuing education cycle may remain in active status for a period of up to ninety days after the end of the continuing education cycle, pending the completion of all applications and continuing education requirements.

Effective: 01/01/2015
Five Year Review (FYR) Dates: 05/20/2016
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, 1/1/2008, 1/1/2009, 11/29/2010, 01/01/2012, 11/01/2012, 01/27/2014

1301:11-7-02 [Effective until 1/1/2015] Continuing education course approvals.

(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) For this rule, "classroom hour" applies to instruction held in a classroom setting or in a distance education setting. Offerings will not be approved in segments of less than two classroom hours. Unless the continuing education instruction is distance education as defined in paragraph (A) of rule 1301:11-7-03 of the Administrative Code, 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 of instruction 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 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.

(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) Providers approved by the superintendent or the real estate appraiser board, or

(g) The appraisal foundation or its boards.

(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 which is offered in a classroom setting. A course provider may administer examinations in a continuing education course for the purpose of verifying participation and evaluating the effectiveness of the distance 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, dispute resolutions,

(c) Courses related to the practice of real estate appraisal or consulting,

(d) Developmental cost estimate,

(e) Ethics and standards of professional practice, uniform standards of professional appraisal practice,

(f) Land use planning, zoning,

(g) Management, leasing, timesharing,

(h) Property development, partial interests,

(i) Real estate financing and investment,

(j) Real estate law, easements and legal interests,

(k) Real estate litigation, damages, condemnation,

(l) Real estate appraisal related computer applications,

(m) Real estate securities and syndication,

(n) Federal, state, and municipal fair housing law.

(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 Administrative Code.

(C) Up to fifty per cent of an individual's continuing education requirement within a continuing education cycle may be granted for participation, other than as a student in appraisal education processes and programs. Activities for which credit may be granted are teaching, program development, authorship of textbooks or similar activities that are determined to be equivalent to obtaining continuing education. Credit for instructing any given course or seminar can only be awarded once during a continuing education cycle.

(D) Each course provider shall notify the division of real estate 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 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 ten 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 ten 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 one hundred 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 Administrative Code, or if the sponsoring entity or administrator have previously failed to comply with any of the provisions of this rule or been found not to be honest, truthful and of good reputation.

(2) Unless previously approved by the Ohio real estate appraiser board, the superintendent may deny or withdraw the approval of a person as continuing education course instructor for any person who is found not to be honest, truthful and of good reputation, that has been disciplined by the Ohio real estate appraiser board for a violation of Chapter 4763. of the Revised Code or fails to meet the requirements in rules 1301:11-7-01 to 1301:11-7-03 of the Administrative Code.

(3) If the superintendent determines an initial offering, an offering previously approved, or an instructor that either no longer meets prescribed standards set forth in Chapter 4763. of the Revised Code or this rule, then 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.

Effective: 06/30/2013
R.C. 119.032 review dates: 05/20/2016
Promulgated Under: 119.03
Statutory Authority: 4763.03 , 4763.07 , 4763.09
Rule Amplifies: 4763.07
Prior Effective Dates: 11/15/1991, 9/10/1996, 12/17/2001, 6/21/2002, 1/1/2008, 1/1/2009, 01/01/2012 , 11/01/2012

1301:11-7-02 [Effective 1/1/2015] Continuing education course approvals.

(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) For this rule, "classroom hour" applies to instruction held in a classroom setting or in a distance education setting. Offerings will not be approved in segments of less than two classroom hours. Unless the continuing education instruction is distance education as defined in paragraph (A) of rule 1301:11-7-03 of the Administrative Code, 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 of instruction 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 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 in good standing.

(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) Providers approved by the superintendent or the real estate appraiser board, or

(g) The appraisal foundation or its boards.

(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 which is offered in a classroom setting. A course provider may administer examinations in a continuing education course for the purpose of verifying participation and evaluating the effectiveness of the distance 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, dispute resolutions,

(c) Courses related to the practice of real estate appraisal or consulting,

(d) Developmental cost estimate,

(e) Ethics and standards of professional practice, uniform standards of professional appraisal practice,

(f) Land use planning, zoning,

(g) Management, leasing, timesharing,

(h) Property development, partial interests,

(i) Real estate financing and investment,

(j) Real estate law, easements and legal interests,

(k) Real estate litigation, damages, condemnation,

(l) Real estate appraisal related computer applications,

(m) Real estate securities and syndication,

(n) Federal, state, and municipal fair housing law.

(o) Developing opinions of real property value in appraisals that also include personal property and/or business value,

(p) Seller concessions and impact on value, or

(q) Energy efficient items and "green building" appraisals.

(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 Administrative Code.

(C) Up to fifty per cent of an individual's continuing education requirement within a continuing education cycle may be granted for participation, other than as a student in appraisal education processes and programs. Activities for which credit may be granted are teaching, program development, authorship of textbooks or similar activities that are determined to be equivalent to obtaining continuing education. Credit for instructing any given course or seminar can only be awarded once during a continuing education cycle. An instructor who has successfully completed the seven hour instructor recertification course and any required examination can use this course to satisfy the continuing education requirements found in paragraph (B) of rule 1301:11-7-01 of the Administrative Code. Credit may be granted only if the instructor recertification course is completed in the individual's continuing education cycle.

(D) Each course provider shall notify the division of real estate 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 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 ten 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 ten 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 one hundred 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 Administrative Code, or if the sponsoring entity or administrator have previously failed to comply with any of the provisions of this rule or been found not to be honest, truthful and of good reputation.

(2) Unless previously approved by the Ohio real estate appraiser board, the superintendent may deny or withdraw the approval of a person as continuing education course instructor for any person who is found not to be honest, truthful and of good reputation, that has been disciplined by the Ohio real estate appraiser board for a violation of Chapter 4763. of the Revised Code or fails to meet the requirements in rules 1301:11-7-01 to 1301:11-7-03 of the Administrative Code.

(3) If the superintendent determines an initial offering, an offering previously approved, or an instructor that either no longer meets prescribed standards set forth in Chapter 4763. of the Revised Code or this rule, then 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.

(K) The course required in paragraph (K) of rule 1301:11-3-04 and paragraph (D) of rule 1301:11-4-02 of the Administrative Code must address all of the following:

(1) The requirements established by the appraiser qualifications board and the Ohio real estate appraiser board for becoming and remaining a supervisory appraiser and a registrant;

(2) The expectations and responsibilities of being a supervisory appraiser;

(3) The expectations and responsibilities of a registrant;

(4) The responsibilities and requirements of a supervisory appraiser and a registrant in maintaining and signing registrant experience logs required under rule 1301:11-3-04 of the Administrative Code;

(5) The requirements established by the appraiser qualifications board and the Ohio real estate appraiser board for becoming and remaining an Ohio licensed or certified real estate appraiser;

(6) The processes and roles of the entities involved in establishing the qualifications for licensed, certified and registered appraisers; and

(7) The basics of "Uniform Standards of Professional Appraisal Practice."

Effective: 01/01/2015
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: 11/15/1991, 9/10/1996, 12/17/2001, 6/21/2002, 1/1/2008, 1/1/2009, 01/01/2012 , 11/01/2012, 06/30/2013

1301:11-7-03 [Effective until 1/1/2015] 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) 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.

(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.

Effective: 11/01/2012
R.C. 119.032 review 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

1301:11-7-03 [Effective 1/1/2015] 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) 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.

Effective: 01/01/2015
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

1301:11-7-04 Medical exception.

(A) The superintendent may grant a medical exception to any state registered, licensed or certified real estate appraiser for the requirements in sections 4763.06 and 4763.07 of the Revised Code provided all of the following are satisfied:

(1) The real estate appraiser registration, license or certificate has been cancelled by the division for failure to satisfy the annual renewal requirements in sections 4763.06 and 4763.07 of the Revised Code;

(2) A written request for a medical exception is filed with the division along with proof satisfactory that a medical exception is warranted. Proof shall include, but is not limited to:

(a) A signed statement by the attending physician for registrant, licensee or certificate holder describing the disability;

(b) A statement from the physician that the disability is of such a nature as to prevent the registrant, licensee or certificate holder from attending any continuing education instruction;

(c) Description of the beginning date and the duration of the disability; and

(d) The initial request for the medical exception is filed with the division within thirty days after the conclusion of the disability as described by the attending physician.

(B) A registrant, licensee or certificate holder granted a medical exception under this rule shall have thirty days from the date of the mailing of the notice granting the medical exception to file with the division with all of the following:

(1) A completed renewal application;

(2) Submitting payment of all renewal fees and late fees as set forth in section 4763.09 of the Revised Code; and

(3) A completed education compliance form along with proof of completion of all continuing education requirements. Proof of completion of the most recent edition of the seven hour national uniform standards of professional appraisal practice update course may be required.

(C) The superintendent may grant an extension for the requirements in paragraph (B) of this rule for good cause shown.

(D) Failure to satisfy the requirements in paragraph (B) of this rule or failure to obtain an extension from the superintendent in paragraph (C) of this rule shall result in the automatic withdrawal of the medical exception and the registrant, licensee or certificate holder must re-apply for a medical exception.

Effective: 08/22/2011
R.C. 119.032 review dates: 05/20/2016
Promulgated Under: 119.03
Statutory Authority: 4763.03 , 4763.06 & 4763.07
Rule Amplifies: 4763.06 & 4763.07