1301:5-7-03 Criteria for 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 on the appropriate form prescribed by the division along with the specified, nonrefundable fee specified by 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) Every course sponsor shall promptly notify the division of real estate in writing of any material change in an approved course offering.

(3) The division shall not approve or grant credit for continuing education for the following types of courses:

(a) Examination preparation courses.

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

(c) Sales promotion or other 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 entirely to meals or other refreshment or during which the course instruction is recessed or suspended.

(f) Correspondence courses or distance education not in compliance with rule 1301:5-7-04 of the Administrative Code.

(4) A course provider which proposes to offer continuing education credit to license renewal applicants shall remit to the division of real estate annual fees in accordance with the following schedule:

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

(b) For each offering of an approved course after the initial course: ten dollars;

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

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

(5) Continuing education courses shall be completed in seminars, schools, and educational institutions which are not limited to institutions providing two-year or four-year degrees but may include qualifying public or private schools, firms, associations, organizations, individuals, corporations, or similar arrangements and must be successfully completed after the effective date of this rule.

(B) Course approval criteria.

The Ohio real estate commission when acting on an application for approval of an offering will consider but not be limited to the following criteria.

(1) Information included on the application form:

(a) Name, address and telephone number of entity.

(b) Policy regarding attendance and procedure for recordkeeping of attendance.

(c) Summary of offer including minimally:

(i) Title of offering;

(ii) Maximum number of participants;

(iii) Type of training: seminar, conference, course, other;

(iv) Proposed initial date of offering;

(v) Prerequisite for admission and/or participation, if any;

(vi) Duration in time of offering;

(vii) Form of attendance certificate;

(viii) Method of record maintenance;

(ix) Textbooks and student materials prescribed;

(x) Sample of proposed advertising, if any;

(xi) Outline or syllabus;

(xii) Attendance or participation fees;

(xiii) Location of offering.

(d) Personal data indicating names and qualification of teachers and instructors.

(e) Such other information as the Ohio real estate commission may request.

(C) No offering will be approved in which classroom instruction exceeds more than eight classroom hours in any one day.

(D) No course provider shall certify to the attendance of a person who was not physically present during at least ninety per cent of the course.

(E) All offerings must be successfully completed.

(F) A course provider shall maintain for six years a record of attendance of each person attending an offering disclosing the following information:

(1) Ohio real estate commission approval certificate number.

(2) Name and business address of attendee.

(3) Offering, title and description.

(4) Classroom hours of attendance.

(5) Date of offering.

(6) Name, address, and signature of verifier in employ of entity course provider.

(G) 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.

(H) Each course provider shall submit to the division of real estate, in a format prescribed by the division, within ten days after completion of each offering, 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.

(I) Instructors, who present a continuing education course shall submit to the division of real estate evidence that they meet at least one of the following qualifications.

(1) Possession of a bachelor's degree in a related field 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, or

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

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

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

(J) If the superintendent determines an instructor, seminar or conference leader or lecturer has been disciplined by the Ohio real estate commission for a violation of Chapter 4735. of the Revised Code, the rules adopted there under, has been convicted of a felony or crime of moral turpitude, or has not established to the satisfaction of the superintendent that the person is honest, truthful, and of good reputation; the superintendent may deny or withdraw the approval to be an instructor, seminar or conference leader or lecturer for any person.

(1) A written notice of denial or withdrawal of approval will be given stating the reasons therefore. Such denial or withdrawal of approval will be effective ten days from the date of the notice.

(2) The instructor, seminar or conference leader or lecturer who wishes to appeal their denial or withdrawal of approval by the superintendent shall file a written request for hearing. Such request must be received by the division no later than thirty days after the date of the written notice of denial or withdrawal of approval. If a request for hearing is timely filed, a hearing before the Ohio real estate commission shall be scheduled.

(K) Each continuing education course shall be open to all real estate licensees.

(L) A course provider may offer its members a reasonable reduction in the fees it charges for a course provided that the reduction does not exceed the following:

(1) For a course costing non-members twenty dollars or less, a reduction of up to one hundred per cent; and

(2) For a course costing non-members over twenty dollars, a reduction of not more than fifty per cent.

(M) An instructor may receive continuing education credit for the number of unduplicated subject matter hours instructed for each different course taught, per calendar year.

(N) The Ohio real estate commission may approve course offerings for continuing education in only the following areas:

(1) Real estate ethics;

(2) Legislative issues that influence real estate practice;

(3) Real estate laws and regulations, including licensing provisions and regulatory practices;

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

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

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

(7) Land use planning and zoning;

(8) Real estate securities and syndication;

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

(10) Land and community development and revitalization;

(11) Advanced real estate appraising;

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

(13) Timeshares, condominiums and cooperatives;

(14) Brokerage office management;

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

(16) Business administration including but not limited to business operations management, human resources management and business taxation.

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

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

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

(O) The superintendent 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 (G) of this rule, if the superintendent determines that the offering meets the prescribed standards set forth in this rule. The offering entity must submit the list of licensees required under paragraph (H) of this rule, and pay penalties in accordance with the following schedule in order to request the superintendent's waiver:

(1) 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) 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) 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.

(P) The course provider shall issue certificates using the correct course certification number.

If the offering entity issues a course certification with the incorrect course certification number, the offering entity shall issue a corrected certificate to each attendee within thirty days.

(Q) The superintendent may deny the initial application or renewal for any continuing education course if the superintendent finds that the course does not meet the requirements of Chapter 4735. of the Revised Code or of rules 1301:5-7-02 to 1301:5-7-04 of the Administrative Code.

(1) If the superintendent determines an initial offering or an offering previously approved does not or no longer meets prescribed standards set forth in Chapter 4735. 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.

(2) Any applicant who wishes to appeal a denial of approval by the superintendent shall file a written request for hearing. Such request must be received by the division no later than thirty days after the date of the written notice of withdrawal of approval. If a request for hearing is timely filed, a hearing before the Ohio real estate commission shall 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.

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

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: 3/9/1980, 12/4/1981, 6/10/1985, 8/3/1987, 6/1/1989, 11/1/1996, 1/1/1997, 6/24/2004, 01/01/2008