Chapter 4781-9 Continuing Education

4781-9-01 Continuing education general provisions; fees for continuing education.

(A) Generally.

(1) Continuing education courses for manufactured homes installers and certified inspectors shall assure that licensees possess the knowledge, skills, and competence necessary to function as manufactured homes installers or certified inspectors in a manner that protects and serves the public interest. The knowledge or skills taught in any continuing education course shall enable the licensee or certified inspector to better serve manufactured homes consumers and shall be directly related to manufactured homes installation or inspection operations.

(2) Any continuing education course that is conducted in Ohio or primarily for the benefit of Ohio licensees or inspectors, shall accurately and completely address any unique Ohio laws, codes, rules, customary practices, or approved methods, relevant to the subject matter being taught.

(3) No continuing education course instructor shall instruct students in any manner or on any subject that contradicts any statute, court decision, administrative rule, or order that has been issued by the commission.

(4) Continuing education may include any commission-approved classroom, independent, distance or field study. A course that includes field coursework shall also include at least two continuing education credit units of home installation or inspection with hands-on, direct experience using all tools, customary practices, and approved methods specifically relevant to the installation or inspection of manufactured homes and instruction as to the safe use of such procedures and tools. To be considered for approval as a field safety course, at least two hours of continuing education units shall be devoted to field safety practices.

(5) "Good cause" waivers or extensions.

(a) The commission may waive any portion of the continuing education hours requirements or the rules promulgated thereunder in cases of certified illness, disability, military service, foreign residence, or for good cause that prevents the attendance of approved continuing education courses by a person holding a license or certification pursuant to Chapter 4781. of the Revised Code or extend the time for the licensee or inspector to complete the required continuing education requirements if the licensee or inspector has substantially met the other renewal requirements as set forth in Chapter 4781. of the Revised Code and the rules promulgated thereunder. Continuing education waivers or extension of time to complete the required continuing education requirements shall be determined by the commission or its designee on a case-by-case basis.

(b) If the commission grants an extension of time to complete the continuing education requirements and the license has expired, such license shall not be reissued until the licensee has completed the required continuing education requirements.

(c) For the purpose of this rule, "good cause" means any non-reoccurring facts or circumstances outside the control of the licensee or inspector that hindered or prevented the licensee from completing the required hours of continuing education for the renewal of the license or certification by the expiration of the license or certification.

(6) Pursuant to Chapter 4781. of the Revised Code, if the continuing education requirements are not timely met by an individual on or before the expiration date set forth on the license or certification the license or certificate shall be suspended automatically without the taking of any action by the commission or its executive director. Failure to reactivate the license or certification as provided in this rule shall result in automatic revocation of the license without the taking of any action by the commission or executive director.

(B) Courses qualifying for continuing education credit.

(1) Credit shall be given only for courses that have been approved by the commission.

(2) Notwithstanding paragraph (B)(1) of this rule, a licensee or inspector may request that the commission award continuing education credit for a course or related educational activity that has not been pre-approved by the commission. The licensee or inspector seeking such approval shall submit documentation to the commission consisting of all the required information set forth in paragraph (B)(2) of rule 4781-8-02 of the Administrative Code. The licensee or inspector seeking approval shall also submit a nonrefundable feenot to exceed fifty dollars for each course or related educational activity to be reviewed. The fee may be paid by check or money order made payable to the "Treasurer, State of Ohio," or by credit card. Any online credit card payment may be subject to a convenience fee.

(3) Continuing education hours obtained by individuals holding license or certification pursuant to Chapter 4781. of the Revised Code and the rules promulgated thereunder may carry forward course credit from one year to another within the same renewal period.

(4) Continuing education hours for inspectors and installers may be obtained from commission approved continuing education courses for up to, but not exceeding, one half of the total commission required continuing education hours. The inspector and installer must submit a copy of the course attendance certificate which indicates the date the course was attended, the name of the attendee, the number of continuing education credit hours, and a check for five dollars per credit hour plus five dollars per credit hour for an administrative fee. A check or money order, or payment by credit card shall be made payable to "Treasurer - State of Ohio." Any on-line payment made by credit card may be subject to a convenience fee. The continuing education course must be attended during the period of the inspector or installer current license period.

(C) Fees for continuing education.

(1) The sponsor of an approved continuing education course may establish the amount of the fee to be charged to students taking the course. The established fee shall be an all-inclusive fee, and no separate or additional fee may be charged to students for providing course materials, providing course completion certificates, reporting course completion to the commission, or for recouping similar routine administrative expenses. The total amount of any fees to be charged shall be conspicuously noted in any advertising or promotional materials for the course.

(D) Class enrollment; facility requirements.

(1) All continuing education courses shall be open to licensees or inspectors on a first-come, first-served basis. The sponsor of a course that has a bona-fide educational or experience prerequisite may refuse admission to a licensee or inspector who does not satisfy the prerequisite.

(2) A classroom in which a course is provided shall:

(a) Accommodate all enrolled students;

(b) Be equipped with student desks, worktables with chairs, or other seating arrangement which provides a surface whereby each student can sit and write, except if the course is conducted in a field setting;

(c) Have sufficient light, heat, cooling, and ventilation, except if a course is conducted in a field setting;

(d) Have a public address system such that all students can hear the instructor clearly, if needed;

(e) Provide a direct, unobstructed line of sight from each student to the instructor and all teaching aids; and

(f) Be free of distractions that would disrupt class sessions.

(3) No class shall exceed sixty students without prior approval of the commission.

(E) Accommodations for students with disabilities.

(1) Course sponsors shall comply with the "Americans with Disabilities Act of 1990," 104 Stat. 327, 42 U.S.C. 12101 , or other laws requiring sponsors to accommodate persons with disabilities.

Effective: 06/02/2011
R.C. 119.032 review dates: 10/01/2014
Promulgated Under: 119.03
Statutory Authority: 4781.04 , 4781.07
Rule Amplifies: 4781.04 , 4781.07 , 4781.10 , 4781.11 , 4781.12 , 4781.14
Prior Effective Dates: 09/15/2006, 01/01/2010

4781-9-02 Continuing education sponsors.

(A) A prospective sponsor of any continuing education course shall obtain written approval from the commission before the sponsor may offer, conduct, advertise or otherwise represent that the course is or may be approved by the commission for continuing education credit in Ohio.

Any course sponsor who has been approved by the board of building standards and/or the Ohio construction industry licensing board may apply to the commission for approval, on a form prescribed by the commission for approval of the course only and shall submit a fee not to exceed fifty dollars for each course and a copy of the curriculum or may apply to be a course sponsor in accordance with this rule.

(B) Prospective sponsors of continuing education courses for manufactured home installers shall submit a nonrefundable fee of one hundred and fifty dollars in the form of a check or money order payable to "Treasurer, State of Ohio," or by credit card, which if used to make an online payment may be subject to a convenience fee, and a completed application form with the following information:

(1) The nature and purpose of the course;

(2) The course objectives and goals;

(3) The outline of the course including the number of training hours for each segment;

(4) Copies of all handouts and materials to be furnished to the course attendees;

(5) The identity, qualifications, and experience of each course instructor;

(6) Sponsor ownership.

(a) Contact information.

(i) The name, address, and telephone number of both the course sponsor and the employer, if any, of the course sponsor. Where the course sponsor is a business which has a physical address, the address and telephone number of the business shall also be provided.

(ii) If any of the employers, owners, shareholders, partners, limited liability companies and/or directors with a five per cent share or larger of the course sponsorship business currently has or has previously sponsored a commission approved course under a different official name than the official name on the current application for course sponsorship, then the previous official name shall be provided as well as the names and addresses of the owners, shareholders, partners, limited liability companies and/or directors with a five per cent share or larger. Where owners, shareholders, partners, limited liability companies and/or directors who have previously sponsored courses under a different name are corporately owned, the names and addresses must include the natural peoples' names through each layer of ownership.

(b) Provide notification of any felony conviction(s) to the commission for all owners, partners, director and shareholders with a five per cent share or larger, as required by the commission on a form provided by the commission. Owners, partners, directors or share holders having a felony conviction may be denied as course sponsors by the commission.

(7) A statement regarding conflict of interest pursuant to the Ohio ethics commission advisory opinion 98-005; and

(8) Inclement weather policies for courses conducted outdoors. (C) Review of application.

(1) The commission or its designee shall review completed applications from prospective sponsors or approval of a course under paragraph (A)(1) of this rule and shall determine whether the materials contain the requisite information as set forth in this rule, whether the course is pertinent to the industry, if the course meets its stated objectives, and if the instructors meet the requirements of rule 4781-9-04 of the Administrative Code.

(2) If the commission determines that the application meets the requirements of this rule, then a written document of approval shall be issued to the course sponsor with a course number.

(3) If there is a change to the approved course which materially alters the contents of the course initially approved by the commission or its designee, or if an approved instructor(s) is (are) not available to teach the course; the course sponsor shall not hold that course until the course sponsor receives approval for the changes from the commission or its designee.

(4) Incomplete applications will be held open for ninety days following notification of incomplete requirements by regular mail, facsimile, or email. After sixty days, a final notice of incomplete application will be mailed by certified mail, return receipt requested. If by the end of the ninety day period, the application remains incomplete, it will be considered abandoned and the applicant will be required to submit a new application, including any fees.

(D) An approved sponsor of a continued education course shall use its official name as follows:

(1) The official name to be used by any course sponsor in connection with the offering of an approved continuing education course shall clearly distinguish the sponsor from any other previously approved continuing education sponsor.

(2) Any advertisement or promotional material used by an approved course sponsor shall include the sponsor's official name only.

(3) Violations of this rule shall result in revocation of course approval.

(E) The commission shall deny or withdraw approval of any course or course sponsor upon a finding of any of the following:

(1) The course sponsor has made false statements or presented false information in connection with an application for course or sponsor approval or renewal of approval;

(2) The course sponsor or any official or instructor employed by, or under contract with, that sponsor, has refused or failed to comply with any of the provisions of this chapter;

(3) The course sponsor or any official or instructor employed by, or under contract with, that sponsor has provided false or incorrect information in connection with any reports the course sponsor, instructor, or employee is required to submit to the commission;

(4) The course sponsor has engaged in a pattern of consistently canceling scheduled courses;

(5) The course sponsor has paid fees with an invalid check or a check that has been dishonored;

(6) An instructor employed by, or under contract with, the sponsor fails to conduct approved courses in a manner that demonstrates compliance with the instructor requirements of rule 4781-9-04 of the Administrative Code;

(7) Any court of competent jurisdiction has found the course sponsor to have violated, in connection with the offering of continuing education courses, any applicable federal or state law or regulation prohibiting discrimination on the basis of disability, requiring places of public accommodation to be in compliance with prescribed accessibility standards, or requiring that the courses related to licensing or certification for professional or trade purposes be offered in a place and manner accessible to persons with disabilities;

(8) The course sponsor has failed to comply with the cancellation and refund policies as set forth in rule 4781-9-01 of the Administrative Code; or

(9) The course sponsor has failed to comply with Chapter 4781. of the Revised Code or the rules promulgated thereunder.

(F) Advertisements.

(1) Course sponsors shall not use false or misleading advertisements.

(2) If the number of continuing education credit hours awarded by the commission for a course is less than the number of scheduled hours for a course, then any advertisements or promotional materials must clearly specify the number of commission awarded credit hours for that course.

(3) Course sponsors shall provide any prospective student a written description of the course content if requested.

(4) Sponsors and instructors may have unapproved materials, pamphlets, and brochures available for purchase by a student, but classroom time may not be used to promote or sell any materials, or to solicit membership or affiliation in any business or organization.

(G) A sponsor may contract with an organization such as a manufactured home installation company, dealership, or trade organization to conduct approved continuing education courses for licensees affiliated with the organization.

(H) Course sponsors shall provide licensees enrolled in each continuing education course an opportunity to complete an evaluation for each approved continuing education course. Sponsors shall submit the completed evaluation forms to the commission along with the reports that verify the completion of a continuing education course.

(I) All course sponsors shall retain records of student registration, attendance and course completion for each session of a continuing education course. Such records shall be retained for not less than five years and these records shall be available to the commission upon request.

(J) Change in sponsor ownership.

The approval granted to a course sponsor may be transferred to a new or different person, firm, or corporation or owner only with the prior approval of the commission. The commission shall approve the transfer if the transferee satisfies the requirements as specified in these rules. All requests for commission approval of transfers or changes in ownership shall be in writing and shall be accompanied by a nonrefundable fee, by check or money order, of one hundred fifty dollars, payable to "Treasurer, State of Ohio," or by credit card. Any online payment made by credit card may be subject to a convenience fee.

(K) Monitoring by the commission; investigation of complaints.

(1) A course sponsor shall admit authorized representatives of the commission to monitor any continuing education class without prior notice and shall not charge a fee to the commission representatives in order to attend. Commission representatives shall not be reported as having completed the course.

(2) If the commission receives a complaint or has concerns about the quality of a course or instructor, the commission may, through written request, require that the sponsor of the course provide the commission with a video that is forty-five to sixty minutes in length, depicting the course being taught by a particular instructor or instructors specified by the commission. A video produced within twelve months preceding the commission's request is acceptable; but if no responsive video exists, then it shall be completed at the next course meeting. The cost of producing and shipping such videos shall be the sole responsibility of the sponsor. A commission member or designee may audit a course on their own action or based upon a complaint.

Within ten days of the request or within two weeks after course completion, the sponsor shall provide a video that meets the following criteria:

(a) Contains a clear label identifying the course instructor and date of the video production;

(b) Depicts an unedited and continuous block of instruction covering manufactured home installer requirements and operations;

(c) Cleary shows at least a portion of the course audience; and

(d) Video shall be of a superior visual and sound quality so that the reviewers are easily able to see and hear the instructor.

(3) An approved course sponsor shall notify the commission or its designee, in writing, fourteen business days prior to of the date of an approved course, of any cancellation, changes to the course, course date, or any change in the time, or location of a course . If the course sponsor is proposing to change the content of a course, or an approved instructor with an instructor who has not been approved for the course, the course sponsor shall request approval of the instructor by the commission or its designee not less than three business days prior to the course being conducted.

(L) If the commission determines to deny or withdraw approval of a course or course sponsor, the hearing shall be conducted in accordance with Chapter 119. of the Revised Code.

(M) Course sponsor renewals A renewal fee not to exceed seventy-five dollars is charged to the sponsor of each course, for the annual renewal of said course.

Effective: 01/01/2010
R.C. 119.032 review dates: 10/16/2009 and 10/01/2014
Promulgated Under: 119.03
Statutory Authority: R.C. 4781.04 , 4781.07
Rule Amplifies: R.C. 4781.04 , 4781.07 , 4781.10 , 4781.11 , 4781.12 ,
4781.14 Prior Effective Dates: 9/15/2006

4781-9-03 Continuing education coordinator; duties and responsibilities.

(A) Every sponsor of a continuing education course shall designate one person to serve as the continuing education coordinator for all commission-approved continuing education courses offered by the sponsor. The continuing education coordinator shall serve as the sponsor's official contact person and shall be responsible for monitoring the attendance and conduct of all students for the duration of each class session. The continuing education coordinator may delegate classroom monitoring duties to a designee. Nothing in this rule prohibits the coordinator from also being the course instructor for courses having fewer than twenty students.

(B) The continuing education coordinator or its designee shall monitor student attendance and shall:

(1) Ensure that all students reported as satisfactorily completing a course have attended at least ninety per cent of the scheduled classroom hours; and

(2) Ensure that no student is admitted to the class session after ten percent of the scheduled classroom hours for that day have been conducted; and

(3) Refuse to allow a student to sign a course attendance roster report or receive a course completion certificate unless the student fully satisfies the attendance requirements; and

(4) Not report that a student has completed the course to the commission unless the student fully satisfies the attendance requirements.

(C) Except for self-paced learning courses, the continuing education coordinator or its designee shall, ensure compliance with the following:

(1) Courses shall not exceed eight classroom hours in any given day. A classroom hour shall consist of at least fifty minutes of instruction.

(2) The maximum permissible classroom session without a break is limited to ninety minutes.

(3) Courses scheduled for more than four hours in a day shall include a meal break of at least one hour.

(D) The continuing education coordinator or its designee shall assist instructors in monitoring compliance with the student participation requirements. An instructor or education coordinator may dismiss any student who fails to comply with student participation requirements.

(E) The continuing education coordinator or its designee shall be responsible for monitoring student check-in at all continuing education courses. At check-in, each student shall be required to provide his or her license number and a photo identification issued by a federal, state or local government. Any student providing false information to a course sponsor shall not receive continuing education credits for the course, shall not be entitled to a refund of course fees, and may be subject to disciplinary action by the commission.

(F) The continuing education coordinator shall be responsible for providing course reports to the commission's continuing education administrator. All reports shall be received by the commission's continuing education administrator within fifteen calendar days of completion of a course.

(1) For each student who has satisfactorily completed the course, the coordinator shall prepare and submit a report that includes:

(a) The licensee's name and license number;

(b) The date of course completion;

(c) The number of credit hours to be granted to the licensee;

(d) A course completion certificate signed by at least one instructor of that course;

(e) Confirmation that the same course was not repeated and reported for credit by the licensee within the previous three year period. No required fees shall be issued for any course credits that are rejected for this reason; and

(f) A fee of five dollars plus a five dollar administrative fee per credit hour per licensee made payable by check or money order to "Treasurer, State of Ohio," or by credit card. Any online credit card payment may be subject to a convenience fee.

(G) Sponsors shall assure that, if necessary, adequate personnel in addition to the instructor are present during all class sessions to assist the instructor, coordinator, or designee in monitoring attendance and in performing administrative tasks associated with conducting a course. Sponsors shall make sure that the time required for administrative tasks does not interfere with the designated instruction time.

Effective: 01/01/2010
R.C. 119.032 review dates: 10/16/2009 and 10/01/2014
Promulgated Under: 119.03
Statutory Authority: R.C. 478l.04, 4781.07
Rule Amplifies: R.C. 4781.04 , 4781.07 , 4781.10 , 4781.11 , 4781.12 ,
4781.14 Prior Effective Dates: 9/15/2006

4781-9-04 Instructor requirements.

(A) All continuing education instructors shall possess the ability to:

(1) Present instruction in a thorough, accurate, logical, orderly, and understandable manner;

(2) Use varied instructional techniques in addition to straight lecture, such as class discussion and role-playing; and

(3) Use instructional aids, such as computer-based slide shows, overhead projector, or the like to enhance learning.

(B) Instructors shall ensure that class sessions are started on time and are conducted for the full amount of time that is scheduled. Instructors shall also ensure that each continuing education course is taught according to the course outline and plan that was approved by the commission, including the furnishing of approved student materials.

(C) Instructors shall be knowledgeable in the area which they are teaching and meet one or more of the following:

(1) Five years experience in the industry as an installer, or in a management, supervisory, inspection or quality assurance capacity.

(2) A license, registration, or certification from a national certification agency or a state agency.

(3) A degree from an accredited educational institution.

(4) Other professional qualifications as approved by the commission or its designee.

(D) Continuing education credit for commission staff or instructors.

(1) Commission members or commission staff may receive continuing education credit for the number of unduplicated subject matter hours he or she instructs provided that the member does not receive compensation from the course sponsor.

(2) Commission members and its staff shall not receive compensation for teaching commission approved courses but the commission member or staff may have their expenses covered for travel, hotel and meals for the time period they are teaching a course.

(3) Course instructors may receive continuing education credit for the number of unduplicated subject matter hours he or she instructs.

Effective: 01/01/2010
R.C. 119.032 review dates: 10/16/2009 and 10/01/2014
Promulgated Under: 119.03
Statutory Authority: R.C. 478104, 4781.07
Rule Amplifies: R.C. 4781.07 , 4781.10 , 4781.10 , 4781.11 , 4781.12 ,
4781.14 Prior Effective Dates: 9/15/2006

4781-9-05 Distance learning.

(A) A sponsor may request that the commission approve a distance learning course for either a continuing education or an initial licensing course. A sponsor seeking approval from the commission for a distance learning course shall meet all the requirements of this chapter, and shall demonstrate that the proposed distance learning course meets the following criteria:

(1) Designed to assure that students have clearly defined learning objectives, and means by which those objectives will be met. The course shall also provide for direct interaction between the student and instructor, if required by the nature of the subject matter;

(2) Testing processes appropriate to ensure student mastery of the subject matter if the course does not provide for continuous audio and visual communication between the students and instructor;

(3) If a self-paced study shall be designed to take a student of average ability at least the same amount of time as it would take for an average student to complete in a comparable on site class covering the same or similar materials. All self-paced study courses must utilize a system that assures that students have actually performed all the tasks required for completion of the course and mastery of the subject material;

(4) Technical support must be made available to the students to ensure their ability to satisfactorily complete the course;

(5) Instructor shall be reasonably available to respond in a timely manner to student questions and shall have appropriate training in the proper use of the instructional delivery method, including the use of computer hardware and software and other equipment and systems;

(6) Students shall receive an orientation information packet containing all information regarding requirements that are unique to a distance learning course, including, but not limited to, requirements for specific computer hardware, software or other equipment and systems. The orientation packet shall also specify how the student can access technical support and instructor assistance during the course;

(7) Establish procedures that provide reasonable assurance that the student has actually completed the work required for completion of the course before that student can receive credit for the course. For self-paced and independent study courses, the student shall be required to certify in writing, or by means of a specific electronic certification program, that the student completed all the required coursework. The sponsor must keep a record of all student certifications.

(B) No distance learning course shall be approved by the commission unless the commission also receives a complete copy of the course in the medium that is to be utilized, including any software that will be used in instructing students or administering tests. If the course is internet-based, the commission shall be provided with access to the course via internet and shall not be charged a fee for such access.

(C) The course sponsor shall report to the commission in accordance with paragraph (F)

of rule 4781-9-03 of the Administrative Code. No student shall be reported as having successfully completed a distance learning course unless the student has provided the written certification set forth in paragraph (A)(7) of this rule.

(D) Fees.

(1) The non-refundable fee for commission review of a distance learning course shall be one hundred fifty dollars made payable by check or money order to "Treasurer, State of Ohio" or by credit card. A renewal fee not to exceed seventy-five dollars is charged to the sponsor of each course, for the annual renewal of each course.

(2) The course sponsor shall pay a fee of five dollars per credit hour plus a five dollar per credit hour administrative fee per licensee. The fee shall be made payable by check or money order to "Treasurer, State of Ohio" or by credit card.

(3) Any online payment made by credit card may be subject to a convenience fee.

Effective: 01/01/2010
R.C. 119.032 review dates: 10/16/2009 and 10/01/2014
Promulgated Under: 119.03
Statutory Authority: R.C. 4781.04 , 4781.07
Rule Amplifies: R.C. 4781.07 , 4781.10 , 4781.11 , 4781.12 , 4781.14
Prior Effective Dates: 9/15/2006

4781-9-06 Non-resident licensees and continuing education credit.

(A) A non-resident licensee shall meet the requirements for continuing education as set forth in rule 4781-9-01 of the Administrative Code. If a non-resident licensee resides in a state requiring continuing education for a manufacturedhomeinstaller license, the courses or continuing education in the state of residence may be considered by the commission for approval in Ohio on a course-by-course basis.

(B) Any non-resident licensee who seeks to have the commission consider non-commission approved courses, including those which have taken place outside of the state of Ohio, may apply to the commission to receive credit for the continuing education obtained in another state, by submitting an application on a form prescribed by the commission. The application shall contain all of the information as required under paragraph (B) to rule 4781-8-02 of the Administrative Code and shall be accompanied by a nonrefundable fee in the amount of fifty dollars, by check or money order, made payable to the"Treasurer, State of Ohio," or by credit card. Any online payment made by credit card may be subject to a convenience fee.

(C) Upon approval of submitted course stated in paragraph (B) of rule 4781-9-06 of the Administrative Code, non-resident licensee shall pay a five dollars per credit hour fee plus a five dollar administrative fee per credit hour, by check or money order, made payable to the"Treasurer, State of Ohio," or by credit card. Any on-line payment made by credit card may be subject to a convenience fee.

Effective: 01/01/2010
R.C. 119.032 review dates: 10/16/2009 and 10/01/2014
Promulgated Under: 119.03
Statutory Authority: R.C. 4781.04 , 4781.07
Rule Amplifies: R.C. 4781..04, 4781.07 , 4781.10 , 4781.11 , 4781.12 ,
4781.14 Prior Effective Dates: 9/15/2006