24 Del. Admin. Code § 2900-14.0
Current through Register Vol. 28, No. 3, September 1, 2024
Section 2900-14.0 - Continuing Education, New Licensee Education [24 Del.C. Section 2910(d)]14.1 Continuing Education (CE) Requirements14.1.1 Purpose. The CE requirement is intended to maintain Licensees' professional competence in the practice of real estate.14.1.2 Licensees must complete 21 acceptable CE hours in the following 7 Modules during the previous licensure period in order to renew their licenses: 14.1.2.1 Three (3) hours in agency and fair housing (Module 1).14.1.2.2 Three (3) hours in professional standards (Module 2).14.1.2.3 Three (3) hours in real estate documents (Module 3).14.1.2.4 Three (3) hours in office management (Module 4).14.1.2.5 Three (3) hours in legislative issues (Module 5).14.1.2.6 Three (3) hours in practices of real estate (Module 6).14.1.2.7 Three (3) hours in elective courses (Module 7).14.1.3 Courses approved for Modules 1 - 6 automatically qualify for credit for Module 7. Students are not required to submit a separate application for Module 7 approval for courses in Modules 1 - 6. This subsection does not apply to out-of-state courses.14.2 Proration. CE hours shall be prorated in accordance with the following schedule:14.2.1 No continuing education is required for fewer than six months of licensure, except that new licensees must meet the requirements set forth in subsection 14.13.14.2.2 Six (6) hours of continuing education are required after at least six months but less than twelve months of licensure. The required six hours shall consist of two different modules, as set forth in subsection 14.1.2.14.2.3 Twelve (12) hours of continuing education are required after at least twelve months but less than eighteen months of licensure. The required twelve hours shall consist of four different modules, as set forth in subsection 14.1.2.14.2.4 Eighteen (18) hours of continuing education are required after at least eighteen months but less than twenty-four months of licensure. The required eighteen hours shall consist of six different modules, as set forth in subsection 14.1.2.14.2.5 Twenty-one (21) hours of continuing education are required after twenty-four months of licensure, as set forth in subsection 14.1.2.14.3 For persons who have successfully completed either the broker or salesperson pre-licensing course but who have not yet made application: 14.3.1 Twelve (12) hours of continuing education are required more than twelve months but less than eighteen months after course completion. The required twelve hours shall consist of four different modules, as set forth in subsection 14.1.2.14.3.2 Twenty-one (21) hours of continuing education are required more than eighteen months but less than twenty-four months after course completion, in compliance with the requirements of subsection 14.1.2.14.3.3 For more than twenty-four months after course completion, twenty-one (21) hours of CE are required for each biennial renewal period, in compliance with the requirements of subsection 14.1.2.14.4 At the time of renewal, the Licensee shall attest to completion of the required CE. Attestation shall be completed electronically.14.5 The Licensee's attestation as to completion of CE does not relieve the Broker of the Broker's duty to ensure that the Licensee has completed the required CE during the licensure renewal period. Each Broker shall maintain copies of CE certificates for the Broker's Salespersons and Associate Brokers for at least three years after the conclusion of each renewal period.14.6 Audits 14.6.1 Licensees selected for random audit are required to supplement the attestation with attendance verification as provided in subsection 14.6.5.14.6.2 Random audits shall be performed by the Commission to ensure compliance with the CE requirements.14.6.3 The Commission shall notify Licensees within sixty (60) days after May 31 of each biennial renewal period that they have been selected for audit.14.6.4 Licensees selected for random audit shall be required to submit verification within twenty (20) business days of receipt of notification of selection for audit. Audit notices sent to Salespeople and Associate Broker licensees shall also be sent to that licensee's current Broker, where applicable.14.6.5 Verification shall include the continuing education log, co-signed by the Licensee's broker, where applicable, and such information necessary for the Commission to assess whether the course meets the CE requirements in Section 14.0. While course brochures may be used to verify CE hours, they are not considered to be acceptable proof for use of verification of course attendance. Verification shall include the official certificate of completion, as provided by the course provider.14.6.6 The Commission shall review all documentation submitted by Licensees pursuant to the continuing education audit. If the Commission determines that the Licensee has met the continuing education requirements, the Licensee's license shall remain in effect. If the Commission determines that the Licensee has not met the continuing education requirements, the Licensee shall be notified and a hearing may be held pursuant to the Administrative Procedures Act. The hearing will be conducted to determine if there are any extenuating circumstances justifying noncompliance with the continuing education requirements. Unjustified noncompliance with the continuing education requirements set forth in these Rules and Regulations shall constitute a violation of 24 Del.C. § 2912(a)(9).14.6.7 Sanctions for Unjustified Noncompliance. The minimum penalty for the first finding of unjustified noncompliance shall be a $250.00 monetary penalty, and any of the additional penalties specified in 24 Del.C. § 2914. The minimum penalty for the second finding of unjustified noncompliance shall be a $1,000 monetary penalty, and any of the additional penalties specified in 24 Del.C. § 2914.14.6.8 Licensees who renew their licenses under the late renewal provision shall be audited for CE completion. These Licensees shall submit documents that evidence satisfactory completion of their CE requirements for the prior licensure period.14.7 All CE activities shall be pre-approved by the Commission, pursuant to the Commission's Real Estate Education Guidelines.14.8 The Commission may waive or postpone all or part of the continuing education requirements of these Rules and Regulations if a Licensee submits a written request for a waiver and provides evidence to the satisfaction of the Commission of an illness, injury, financial hardship, family hardship, or other similar extenuating circumstance which precluded the Licensee's completion of the requirements. Application for waiver or postponement shall be made in writing to the Commission and shall be received by the Commission no later than 60 days prior to the biennial license renewal date.14.9 The Commission shall appoint an Education Committee to assist in the Commission's educational objectives.14.10 Members of the Real Estate Commission who attend at least eighty percent (80%) of Commission meetings during a biennial licensure period may receive one hour of CE for each Commission meeting attended and said hour may be applied to any CE required for licensure renewal.14.11 Completion of broker's licensing course.14.11.1 Delaware broker's licensing course: Upon successful completion of an approved Delaware broker's licensing course, a licensee shall receive 21 hours of continuing education credit. These 21 hours shall satisfy the continuing education requirements (Modules 1 - 7) for the biennial licensing period in which the course was completed. The course provider shall provide the licensee with a certificate stating that Modules 1 - 7 have been satisfied upon successful completion of the broker's licensing course.14.11.2 Out-of-state broker's licensing course: Upon successful completion of a broker's licensing course in a state outside of Delaware, consisting of at least 99 hours of education, a licensee shall receive 18 hours of continuing education credit, satisfying Modules 1 4 and 6 7, for the biennial licensing period in which the course was completed.14.12 Advanced Courses.14.12.1 Licensees successfully completing a minimum of 6 hours of a National Accreditation Program during a licensure renewal period and receiving a nationally recognized designation or providing proof of successfully completing a section towards a nationally recognized designation may submit six (6) credit hours to satisfy Modules 6 and 7. The instructor shall be considered an approved instructor.14.12.2 A Licensee may submit for review and approval a request for up to 3 continuing education credits for advanced courses, such as, but not limited to, college courses and certifications by the National Association of Realtors. Such credits may satisfy Modules 6 or 7.14.12.3 After a minimum of 3 renewal cycles, a Licensee may submit for review and approval a request for up to 18 continuing education credits for advanced courses, such as, but not limited to, college courses and certifications by the National Association of Realtors. Such credits may satisfy any continuing education module, other than Module 5.14.13 New Licensees. 14.13.1 Effective the renewal period beginning May 1, 2022, in addition to meeting the continuing education requirements set forth in Section 14.0, all newly licensed individuals, other than individuals licensed by reciprocity, shall also complete the following twelve hours of continuing education, specifically for new licensees, no later than 90 days after the date of issuance of the individual's license: 14.13.1.1 Three (3) hours in professional standards for new licensees.14.13.1.2 Three (3) hours in agreement of sale and buyer representation for new licensees.14.13.1.3 Three (3) hours in real estate documents and seller representation for new licensees.14.13.1.4 Three (3) hours in real estate professionalism for new licensees.14.13.2 The twelve hours of required continuing education for new licensees shall be in addition to the continuing education required for licensure renewal and shall be included in the biennial continuing education audit referenced in subsection 14.6.24 Del. Admin. Code § 2900-14.0
15 DE Reg. 1185 (02/01/12)
16 DE Reg. 99 (07/01/12)
17 DE Reg. 242 (8/1/2013)
17 DE Reg. 1194 (6/1/2014)
18 DE Reg. 789 (4/1/2015)
20 DE Reg. 653 (2/1/2017)
24 DE Reg. 493 (11/1/2020) (Final)