Section R162-2f-206c - Certification of Continuing Education Course(1)(a) The division may not award continuing education credit for a course that is advertised in Utah to real estate licensees unless the course is certified before its being taught.(b) A licensee who completes a course that is not required to be certified pursuant to Subsection (1)(a), and who believes that the course satisfies the objectives of continuing education pursuant to Subsection (2)(f), may apply to the division for an award of continuing education credit after successfully completing the course.(2) To certify a continuing education course for traditional education, a person shall, no later than 30 days before the date on which the course is proposed to begin, provide the following to the division:(a) name and contact information of the course provider;(b) name and contact information of the entity that will provide the course;(c) description of the physical facility where the course will be taught;(e) number of credit hours;(f) statement defining how the course will meet the objectives of continuing education by increasing the participant's: (ii) professionalism; and(iii) ability to protect and serve the public;(g) course outline including a description of the subject matter covered in each 15-minute segment;(h) a minimum of three learning objectives for every three hours of class time;(i) name and certification number of each certified instructor who will teach the course;(j) copies of materials to be distributed to participants;(k) signed statement in which the course provider and each instructor: (i) agree not to market personal sales products;(ii) allow the division or its representative to audit the course on an unannounced basis; and(iii) agree to upload, within ten business days after the end of a course offering, to the database specified by the division, the following: (B) course certificate number assigned by the division;(C) dates the course was taught;(D) number of credit hours; and(E) names and license numbers of each student receiving continuing education credit;(l) procedure for preregistration;(m) tuition or registration fee;(n) cancellation and refund policy;(o) procedure for taking and maintaining control of attendance during class time;(p) sample of the completion certificate;(q) nonrefundable fee for certification as required by the division; and(r) any other information the division requires.(3) To certify a continuing education course for distance education, a person shall: (a) comply with Subsection (2);(b) submit to the division a complete description of the course delivery methods and the media to be used;(c) provide course access for the division using the same delivery methods and media that will be provided to the students;(d) describe specific, frequent, and periodic interactive events included in the course and appropriate to the delivery method that will contribute to the students' achievement of the stated learning objectives and encourage student participation;(e) describe how and when certified instructors will be available to answer student questions; and(f) provide an attestation from the sponsor of the availability and adequacy of the equipment, software, and other technologies needed to achieve the course's instructional claims.(4) To certify a continuing education course for virtual-live continuing education, a person shall: (a) comply with Subsection (2);(b) submit to the division a complete description of the course delivery methods and the media to be used;(c) provide course access for the division using the same delivery methods and media that will be provided to the students;(d) describe specific, frequent, and periodic interactive events included in the course and appropriate to the delivery method that will contribute to the students' achievement of the stated learning objectives and encourage student participation;(e) describe how and when certified instructors will be available to answer student questions; and(f) provide an attestation from the sponsor of the availability and adequacy of the equipment, software, and other technologies needed to achieve the course's instructional claims.(5)(a) Traditional continuing education courses shall be taught in an appropriate classroom facility and not in a private residence.(b) Except for a division approved virtual-live single session convention continuing education course as provided for in Subsection (5)(c), virtual-live continuing education courses are restricted as follows:(i) each course with a class size of one to 50 students shall have at least one non-instructor monitoring assistant;(ii) each course with a class size of between 51 and 100 students shall have at least two non-instructor monitoring assistants;(iii) the division may not approve a virtual-live continuing education course for more than 100 students, regardless of the number of non-instructor monitoring assistants;(iv) each student shall participate in the course with an adequately functioning microphone and live camera that is monitored by a non-instructor monitoring assistant; and(v) the course instructor shall instruct using an adequately functioning microphone and live camera such that the instructor may be heard and seen during instruction by student participants.(c) The division may approve a virtual-live single session convention continuing education course on a per course basis that is designed to meet the needs of students without limitation of the number of participating students.(d) The minimum length of a course shall be one credit hour.(e) The procedure for taking attendance shall be more extensive than having the student sign a class roll.(f) The completion certificate shall include the following information: (v) name of the course provider;(vii) number of credit hours awarded;(viii) course certification number;(ix) course certification expiration date;(x) signature of the course sponsor; and(xi) signature of the licensee.(6) Certification procedures.(a) Upon receipt of a complete application for certification of a continuing education course, the division shall, at its own discretion, determine whether a course qualifies for certification.(b) Upon determining that a course qualifies for certification, the division shall determine whether the content satisfies core or elective requirements.(c) Core topics include the following: (i) state-approved forms and contracts; (ii) other industry used forms or contracts;(iv) agency, agency agreements, and fiduciary duties;(v) short sales or sales of bank-owned property;(vi) environmental hazards;(vii) property management;(viii) prevention of real estate and mortgage fraud, including wire fraud;(ix) federal and state real estate laws;(x) fair housing, diversity, identifying bias, promoting equity, and inclusion;(xi) division administrative rules;(xii) broker trust accounts;(xiii) water law, rights and transfer; and(d) If a course regarding an industry used form or contract is approved by the division as a core course, the provider of the course shall: (i) obtain authorization to use each form or contract taught in the course;(ii) obtain permission for licensees to subsequently use each form or contract taught in the course; and(iii) if applicable, arrange for the owner of each form or contract to make it available to licensees for a reasonable fee.(e) Elective topics include the following: (i) real estate financing, including mortgages and other financing techniques;(ii) real estate investments;(iii) real estate market measures and evaluation;(iv) real estate appraising;(vi) measurement of homes or buildings;(vii) accounting and taxation as applied to real property;(viii) estate building and portfolio management for clients;(ix) settlement statements;(x) real estate mathematics;(xiii) agency and sub-agency;(xiv) real estate securities and syndications;(xv) regulation and management of timeshares, condominiums, and cooperatives;(xvi) resort and recreational properties;(xvii) farm and ranch properties;(xviii) real property exchanging;(xix) legislative issues that influence real estate practice;(xx) real estate license law;(xxi) division administrative rules;(xxiv) planning and zoning;(xxvi) energy conservation in buildings;(xxviii) landlord-tenant relationships;(xxix) property disclosure forms;(xxx) Americans with Disabilities Act;(xxxi) affirmative marketing;(xxxii) commercial real estate;(xxxiii) tenancy in common;(xxxiv) professional development;(xxxvi) customer relation skills;(xxxvii) sales promotion, including: (D) marketing techniques related to real estate knowledge;(E) servicing clients; and(F) communication skills;(xxxviii) personal and property protection for licensees and their clients;(xxxix) any topic that focuses on real estate concepts, principles, or industry practices or procedures, if the topic enhances licensee professional skills and thereby advances public protection and safety;(xl) any other topic that directly relates to the real estate brokerage practice and directly contributes to the objective of continuing education; and(xli) technology courses that utilize the majority of the time instructing students how the technology: (A) directly benefits the consumer; or(B) enables the licensee to be more proficient in performing the licensee's agency responsibilities.(f) Mandatory Courses include the following: (i) the Mandatory Residential Course;(ii) the Mandatory Property Management Course; or(iii) the Mandatory Commercial Course.(g) Unacceptable topics include the following: (i) offerings in mechanical office and business skills, including: (D) language report writing;(F) technology courses with a principal focus on technology operation, software design, or software use;(ii) physical well-being, including: (B) stress management; and(iii) meetings held in conjunction with the general business of the licensee and the licensee's broker, employer, or trade organization, including: (B) in-house staff meetings or training meetings; and(C) member orientations for professional organizations;(iv) courses in wealth creation or retirement planning for licensees; and(v) courses that are specifically designed for exam preparation.(g) If an application for certification of a continuing education course is denied by the division, the person making application may appeal to the commission.(7)(a) A continuing education course certification expires 24 months after the date of issuance and must be renewed before the expiration date to remain active.(b) To renew a continuing education course certification, an applicant shall:(i) complete a renewal application as provided by the division; and(ii) pay a nonrefundable renewal fee.(c) To reinstate an expired continuing education course certification within 30 days following the expiration date, a person shall: (i) comply with the requirements for a timely renewal; and(ii) pay a nonrefundable late fee.(d) To reinstate an expired continuing education course certification after 30 days and within six months following the expiration date, a person shall: (i) comply with the requirements for a timely renewal; and(ii) pay a nonrefundable reinstatement fee.(e) A certification that is expired for more than six months may not be reinstated. To obtain a certification, a person must apply as a new applicant.(f) If a deadline specified in this section falls on a day when the division is closed for business, the deadline shall be extended to the next business day.Utah Admin. Code R162-2f-206c
Amended by Utah State Bulletin Number 2015-4, effective 1/21/2015Amended by Utah State Bulletin Number 2017-2, effective 12/22/2016Amended by Utah State Bulletin Number 2021-12, effective 6/8/2021Amended by Utah State Bulletin Number 2022-11, effective 5/25/2022Amended by Utah State Bulletin Number 2023-17, effective 8/16/2023