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This website publishes administrative rules on their effective dates, as designated by the adopting state agencies, colleges, and universities.

Chapter 1301:5-7 | Continuing Education

 
 
 
Rule
Rule 1301:5-7-02 | Continuing education requirements.
 

(A) All real estate licensees, except as provided in paragraph (D) of this rule, are required to certify completion of thirty hours of continuing education courses every three years. If a licensee is licensed as a broker, broker on deposit, or acts as a management level licensee, a three hour course on the duties of a principal broker and other issues involved in operating a real estate brokerage must be included within the required thirty hours of continuing education courses.

The superintendent may have an audit conducted of any licensee to determine whether the licensee is in compliance with this rule. All licensees must maintain proof of compliance for six years and shall make such records available for audit.

(B) Licensees must certify completing the thirty hours of continuing education on or before the licensee's date of birth three years after the licensee's date of initial licensure and every three years thereafter.

(C) Where a licensee fails to meet the continuing education requirements of section 4735.141 of the Revised Code because the license was inactive due to military service, the licensee must submit proof of completing the thirty hours of continuing education, on or before the date required by section 4735.13 of the Revised Code. The continuing education submitted shall satisfy the continuing education requirements for the first renewal filed following the date of honorable discharge or separation under honorable conditions from the armed forces.

(D) Each licensee, who is seventy years of age or older shall submit proof of completing the hours of continuing education listed in paragraph (E) of this rule on or before the licensee's date of birth and every three years thereafter. Each licensee with an inactive license, or broker license on deposit, who is seventy years of age or older, is exempt from the continuing education requirements specified in paragraph (E) of this rule.

Regardless of age, if a licensee is licensed as a broker, broker on deposit, or acts as a management level licensee, the licensee shall submit proof of completing a three hour course on the duties of a principal broker and other issues involved in operating a real estate brokerage on or before the licensee's date of birth and every three years thereafter.

(E) For every three-year reporting period, licensees shall complete pursuant to the statutory continuing education requirement in division (A) of section 4735.141 of the Revised Code:

(1) Three classroom hours minimum in a course devoted exclusively to instruction in current municipal, state and federal civil rights laws; civil rights case law; desegregation issues; methods for eliminating the effects of prior discrimination; and strategies for affirmatively furthering fair housing.

(2) Three classroom hours minimum in a course on current state and federal legislation affecting the real estate industry, which may include, but not be limited to, relevant state real estate licensing laws and regulations, court decisions and related reports. Certified attendance of an entire monthly meeting of the Ohio real estate commission may satisfy this requirement.

(3) Three classroom hours minimum in a course on the canons of ethics for the real estate industry as adopted by the Ohio real estate commission and section 4735.18 of the Revised Code.

(F) The licensee shall submit to the superintendent of real estate and professional licensing proof of completion on a form prescribed by the superintendent.

(G) For the purposes of this rule, the term hour of continuing education shall consist of sixty minutes.

(H) A maximum of ten continuing education hours, obtained in excess of the required thirty credits for a three year reporting period, may be transferred to help meet the requirements of the subsequent reporting period. No licensee shall receive credit for more than eight classroom hours of continuing education instruction taken in any one calendar day.

(I) Except as provided in this paragraph, courses completed prior to being certified by the division of real estate and professional licensing do not qualify for continuing education credit. Licensees may receive credit for a course that has not been previously certified by the commission, only when:

(1) The course is not required pursuant to paragraph (E) of this rule;

(2) The course is taken outside the state of Ohio;

(3) The course meets the requirements as set forth in rule 1301:5-7-03 of the Administrative Code.

(4) The licensee submits the course for credit within the same continuing education reporting period of which the course was taken;

(5) For each course, the licensee submits an out-of-state education compliance form, the course syllabus, course attendance certificate and a one hundred dollar course approval application fee.

Supplemental Information

Authorized By: 4735.10
Amplifies: 4735.141
Five Year Review Date: 11/26/2023
Prior Effective Dates: 11/22/2004
Rule 1301:5-7-03 | Criteria for course approvals.
 

(A) 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) An applicant for initial course approval, additional course offerings of an approved course, or renewal of a course approval shall apply to the division for approval on the appropriate form prescribed by the division along with the nonrefundable fee in accordance with rule 1301:5-7-06 of the Administrative Code. The initial application form and fee must be submitted to the division at least forty-five days prior to the proposed initial date of the offering.

(C) An initial course approval shall be valid for the calendar year in which the course was approved. Re-certification of a course approval shall be filed with the division no later than December thirty-first of the calendar year of initial approval and every year thereafter on forms prescribed by the division along with the nonrefundable fee in accordance with rule 1301:5-7-06 of the Administrative Code. Any re-certification for a course approval filed after January thirty-first shall be considered an initial application course and require approval through the submission of a course application along with the nonrefundable fee in accordance with rule 1301:5-7-06 of the Administrative Code. A new application for an approved course shall be submitted every three years.

(D) Upon notice from the division that an application for initial course approval or additional course offering is incomplete or incorrect as filed, the applicant shall within thirty days of the date of the divisions notice of deficiency, submit to the division a corrected application or the additional information requested. Failure to timely submit such corrected application or additional information shall constitute just cause for the application to be withdrawn and the superintendent to impose a forfeiture of the application fee.

(E) The division, 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 offering, including, but not limited to:

(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 as required by rule 1301:5-7-04 of the Administrative Code;

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

(F) No offering will be approved in which instruction is less than one classroom hour or exceeds more than eight classroom hours in any one day.

(G) Each provider shall notify the division on the appropriate form proscribed by the division at least fifteen days in advance of the addition of an offering date for an approved course or change in an offering date for an approved course. Each provider shall notify the division in writing at least three days in advance of all course content changes, all changes of location(s), time(s) or instructor(s). A fee in accordance with rule 1301:5-7-06 of the Administrative Code shall also be submitted. The superintendent shall have the discretion to waive the advance notification requirements upon good cause shown.

Changes to an already approved course making up more than one-third of the course hours shall be considered a new course and the provider shall be required to file for an initial course approval along with the appropriate application form and the fee in accordance with rule 1301:5-7-06 of the Administrative Code.

(H) The division 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, regulatory practices, and attendance at a full monthly meeting of the Ohio real estate commission;

(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.

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

(1) Examination preparation courses;

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

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

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

(5) The portion of any offering devoted entirely to meals or other refreshment or during which the course instruction is recessed or suspended; and

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

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

(K) A 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.

(L) The division shall keep a current list of approved continuing education courses which shall be available to licensees and the public.

Last updated November 29, 2021 at 4:14 PM

Supplemental Information

Authorized By: 4735.15(E), 4735.10
Amplifies: 4735.14, 4735.141
Five Year Review Date: 11/26/2023
Prior Effective Dates: 6/10/1985, 1/1/1997, 6/24/2004, 1/1/2008
Rule 1301:5-7-04 | Continuing Education Course Completion and Certificates.
 

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

(B) The provider shall issue a certificate to a licensee who successfully completed the course. The certificate shall include the following information:

(1) The correct course certification number as issued by the division of real estate and professional licensing;

(2) Licensees full name;

(3) Licensees formatted credential number;

(4) Date of course attendance;

(5) Course hours completed;

(6) Course title;

(7) Instructors full name;

(8) Providers name and address; and

(9) Providers attendance verifiers name and signature.

(C) If the provider issues a course certification with the incorrect information required in paragraph (B) of this rule, the provider shall issue a corrected certificate to each licensee in attendance within thirty days.

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

(1) The course certification number as issued by the division;

(2) Name and address of licensees;

(3) Offering, title and description;

(4) Classroom hours of attendance;

(5) Date of offering; and

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

(E) Each provider shall submit to the division, 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 licensee, and correctly formatted file number.

Last updated November 29, 2021 at 4:14 PM

Supplemental Information

Authorized By: 4735.15(E), 4735.10
Amplifies: 4735.141
Five Year Review Date: 11/26/2023
Rule 1301:5-7-05 | Continuing Education Course Denials.
 

(A) 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.

(B) 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.

(C) 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 denial or withdrawal of approval. If a request for hearing is timely filed, a hearing before the Ohio real estate commission shall be scheduled.

Supplemental Information

Authorized By: 4735.15(E), 4735.10
Amplifies: 4735.141
Five Year Review Date: 11/26/2023
Rule 1301:5-7-06 | Continuing Education Course Fees and Penalties.
 

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

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

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

(3) For each continuing education course renewal: twenty dollars;

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

(B) The superintendent of the division may waive the requirements of the forty-five day notification on an original application for course approval or the fifteen day notification for additional offerings of an already approved course as set forth in paragraphs (B) and (G) of rule 1301:5-7-03 of the Administrative Code, if the superintendent determines that the offering meets the prescribed standards set forth in rule 1301:5-7-03 of the Administrative Code. The offering provider must submit the list of licensees required under paragraph (E) of rule 1301:5-7-04 of the Administrative Code, 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 forty-five days prior to the offering date, but not less than fifteen 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 fifteen 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.

Supplemental Information

Authorized By: 4735.15(E), 4735.10
Amplifies: 4735.141
Five Year Review Date: 11/26/2023
Rule 1301:5-7-07 | Continuing Education Instructors.
 

(A) Persons seeking approval to be an instructor of a continuing education course shall submit to the division of real estate and professional licensing on the appropriate form prescribed by the division certifying 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;

(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;

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

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

(B) The superintendent has the right to request evidence supporting the applicants statement that the applicant meets one of the qualifications listed in paragraph (A) of this rule.

(C) Only one application per calendar year is required for persons seeking approval to be an instructor of a continuing education course. The instructor must reapply each calendar year by submitting a new application seeking approval to be an instructor of a continuing education course.

(D) 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 or the rules adopted there under, been disciplined by the Ohio appraiser board for a violation of Chapter 4763. of the Revised Code or 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.

(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.

Supplemental Information

Authorized By: 4735.15(E), 4735.10
Amplifies: 4735.141
Five Year Review Date: 11/26/2023
Rule 1301:5-7-08 | Distance education.
 

(A) For purposes of this rule, the term "distance education" refers to educational programs in which instruction is accomplished through the use of interactive, electronic media and where the teacher and student are not physically in the same location at the time the course is being taught.

(B) An entity shall apply to the division of real estate and professional licensing 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 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 will not qualify for continuing education credit.

(C) For the purposes of this rule, the term "hours of classroom education" shall mean the amount of time necessary to complete the course, without interruption.

(D) In addition to the information required on the application form prescribed by the superintendent, an application for approval for a distance education course shall include the following and any other documentation or information requested by the superintendent:

(1) A complete copy of the course on the medium that is to be utilized and, if requested by the superintendent, the sponsor must make available at the sponsor's expense all software necessary for the superintendent to review the submitted course;

(2) Any other relevant information useful in determining that the entity proposes an offering which will contribute to desired current knowledge for the purpose of protecting the consumer and improving service by real estate licensees;

(3) A summary of course design, including methods used to ensure active student participation, a detailed course outline of topics covered, a time sequence for the hours requested, estimation of length of time it should take a student to complete the course;

(E) The superintendent 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 ensure that students actively participate in the instructional process while completing the course by utilizing techniques that require substantial student interaction with the instructor, other students or a computer program. The course design must not permit students to merely sit passively and observe instruction or read instructional materials;

(3) The provider 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 provider provides appropriate instructor and technical support to enable students to satisfactorily complete the course;

(5) The provider utilizes procedures that provide reasonable assurance of student identity and that the student receiving the continuing education credit for completing the course actually performed all of the work required to complete the course.

(F) The superintendent may approve distance education course offerings in only the subject areas specified in paragraph (H) of rule 1301:5-7-03 of the Administrative Code.

(G) Upon notice from the division that an application for initial distance education course approval or additional course offering is incomplete or incorrect as filed, the applicant shall within thirty days of the date of the divisions notice of deficiency submit to the division a corrected application or the additional information requested. Failure to timely submit such corrected application or additional information shall constitute just cause for the application to be withdrawn and the superintendent to impose a forfeiture of the application fee.

(H) Every ten days, each provider shall submit to the division, in a format and submission method prescribed by the division, a list of licensees who successfully completed the course.

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

(I) The provider shall issue a certificate to a licensee who successfully completed the course. The provider shall comply with the requirements set forth in paragraphs (B) and (C) of rule 1301:5-7-04 of the Administrative Code.

(J) 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.

(K) Initial distance education course approval shall be valid for the calendar year in which the course was approved. Renewal for a distance education course approval shall be filed with the division no later than December thirty-first of the calendar year of initial approval and every year thereafter on forms prescribed by the division along with a nonrefundable fee processing fee of sixty dollars. Any renewal for a course approval filed after January thirty-first shall be considered a new course and require approval through the submission of a course application along with the nonrefundable fee in accordance with paragraph (B) of this rule.

Supplemental Information

Authorized By: 4735.15(E), 4735.10
Amplifies: 4735.141
Five Year Review Date: 11/26/2023
Prior Effective Dates: 6/24/2004
Rule 1301:5-7-09 | Post-licensing education.
 

(A) Post-licensing education courses for brokers and salespeople 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.

(B) Providers of the post-licensing education for brokers shall use the curriculum approved by the Ohio real estate commission. Providers of the post-licensing education for salespersons shall, at a minimum, use the course learning objectives approved by the Ohio real estate commission.

(C) An applicant for provider approval shall apply to the division of real estate and professional licensing for approval on the appropriate form prescribed by the division. The initial application form must be submitted to the division at least ninety (90) days prior to the proposed initial date of the offering.

(D) The commission will act on all applications to provide post-licensing education for brokers. The superintendent will act on all applications to provide post-licensing education for salespersons. When acting on an application for approval of a post-education provider consideration will be given, but not be limited to, the following criteria:

(1) Information included on the application form:

(a) Name, address and telephone number of provider;

(b) Name and contact information for person(s) authorized to act on behalf of provider;

(c) Policy regarding attendance and procedure for recordkeeping of attendance;

(d) A summary including but not limited to:

(i) Brief description of the provider and its educational standard;

(ii) Form of attendance certificate;

(iii) Method of record maintenance;

(iv) Sample of proposed advertising, if any;

(v) Attendance or participation fees;

(vi) Location of offering;

(e) Such other information as the Ohio real estate commission or superintendent may request;

(2) Personal data indicating names of teachers and instructors and evidence that they meet at least one of the following qualifications:

(a) Possession of a bachelor's degree in a field related to that in which the person is to teach, from a school listed as an institution of higher learning by the United States department of education, or from a comparable school of a foreign country;

(b) 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;

(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.

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

(F) The provider shall issue a certificate to a licensee who successfully completed the course. The certificate shall include the following information:

(1) Licensees full name;

(2) Licensees formatted credential number;

(3) Date of course attendance;

(4) Course hours completed;

(5) Course title;

(6) Instructors full name;

(7) Providers name and address;

(8) Providers attendance verifiers name and signature.

(G) If the provider issues a course certification with the incorrect information required in paragraph (F) of this rule, the provider shall issue a corrected certificate to each licensee within thirty days.

(H) A provider shall maintain for three years a record of attendance of each licensee attending an offering disclosing the following information:

(1) Name and address of licensees;

(2) Classroom hours of attendance;

(3) Date of offering; and

(4) Name, address, and signature of verifier in employ of the provider.

(I) The division shall keep a current list of approved post education providers, which shall be available to licensees and the public.

Last updated November 29, 2021 at 4:14 PM

Supplemental Information

Authorized By: 4735.15(E), 4735.10
Amplifies: 4735.141
Five Year Review Date: 11/26/2023