Utah Administrative Code
Topic - Commerce
Title R162 - Real Estate
Rule R162-2f - Real Estate Licensing and Practices Rule
Section R162-2f-206c - Certification of Continuing Education Course
Universal Citation: UT Admin Code R 162-2f-206c
Current through Bulletin 2023-24, December 15, 2023
(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;
(d) course title;
(e) number of credit hours;
(f) statement defining how the course will
meet the objectives of continuing education by increasing the participant's:
(i) knowledge;
(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:
(A) course
name;
(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:
(i) licensee's name;
(ii) type of license;
(iii) license number;
(iv) date of course;
(v) name of the course provider;
(vi) course title;
(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;
(iii) ethics;
(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
(xiv) multiple
offers.
(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;
(v) market
analysis;
(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;
(xi) real
estate law;
(xii) contract
law;
(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;
(xxii) land
development;
(xxiii) land
use;
(xxiv) planning and
zoning;
(xxv)
construction;
(xxvi) energy
conservation in buildings;
(xxvii)
water rights;
(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;
(xxxv) business
success;
(xxxvi) customer relation
skills;
(xxxvii) sales promotion,
including:
(A) salesmanship;
(B) negotiation;
(C) sales psychology;
(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:
(A) typing;
(B) speed reading;
(C) memory improvement;
(D) language report writing;
(E) advertising; and
(F) technology courses with a principal focus
on technology operation, software design, or software use;
(ii) physical well-being, including:
(A) personal motivation;
(B) stress management; and
(C) dress-for-success;
(iii) meetings held in conjunction with the
general business of the licensee and the licensee's broker, employer, or trade
organization, including:
(A) sales
meetings;
(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.
Amended by Utah State Bulletin Number 2015-4, effective 1/21/2015
Amended by Utah State Bulletin Number 2017-2, effective 12/22/2016
Amended by Utah State Bulletin Number 2021-12, effective 6/8/2021
Amended by Utah State Bulletin Number 2022-11, effective 5/25/2022
Amended by Utah State Bulletin Number 2023-17, effective 8/16/2023
Disclaimer: These regulations may not be the most recent version. Utah may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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