DAR File No. 28173

Commerce, Real Estate

R162-9-1

Objective and Specific Hour Requirements

NOTICE OF PROPOSED RULE

DAR File No.: 28173
Filed: 08/26/2005, 11:23
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The reason for the change is to harmonize Subsections R162-9-1(9.1.2.1.1) and R162-9-1(9.1.2.1.2) with the practice of the Division in considering courses certified under Subsection R162-9-5(9.5.3) to be "live" education.

Summary of the rule or change:

The rule is changed to reflect that continuing education courses that have received Distance Education certification from the Division of Real Estate or from the Association of Real Estate Licensing Law Officials (ARELLO) are considered to be "live" courses.

State statutory or constitutional authorization for this rule:

Subsection 61-2-5.5(1)(a)(v)

Anticipated cost or savings to:

the state budget:

None--The rule change is for the purpose of clarification only and does not change the manner in which the rule is enforced. Therefore, there is no anticipated cost or savings from this rule change.

local governments:

None--Local governments do not license real estate agents or brokers, nor do they monitor their continuing education.

other persons:

None--The rule change is for the purpose of clarification only and does not change the manner in which the rule is enforced. Therefore, there is no anticipated cost or savings from this rule change.

Compliance costs for affected persons:

There is no cost or savings to real estate agents or brokers, or to real estate education providers, in changing Subsection R162-9-1(9.1.1) to reflect the Division's current practice of considering courses certified under Subsection R162-9-5(9.5.3) to be "live" courses.

Comments by the department head on the fiscal impact the rule may have on businesses:

This rule filing amends definitions of "live" and "passive" continuing education with the purpose of consistency with other provisions. No fiscal impact to businesses is anticipated by this filing. Jason P. Perry, Acting Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Direct questions regarding this rule to:

Shelley Wismer at the above address, by phone at 801-530-6761, by FAX at 801-530-6749, or by Internet E-mail at swismer@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

10/17/2005

This rule may become effective on:

10/18/2005

Authorized by:

Dexter Bell, Director

RULE TEXT

R162. Commerce, Real Estate.

R162-9. Continuing Education.

R162-9-1. Objective and Specific Hour Requirements.

9.1.1 Objective. Through education, the licensee shall be reasonably current in real estate knowledge and shall have improved ability to provide greater protection and service to the real estate consumer, thereby meeting the Real Estate Commission's primary objective of protection of and service to the public.

9.1.2 Specific Hour Requirements. A minimum of three of the 12 hours of continuing education required by Section 61-2-9(2)(a) must be taken in a "core" course, the subject of which will be designated by the Division to keep a licensee current in changing practices and laws.

9.1.2.1 Definitions.

9.1.2.1.1 For the purposes of this rule, "live" continuing education is defined as: a) live, in-class instruction; [or ]b) videotapes, computer courses, or other education in which the instructor and the student are separated by distance and sometimes by time, so long as the education takes place in a school or industry association office with a Division-certified prelicensing instructor present to answer questions; or c) ARELLO-certified courses or other courses that have received Distance Education Certification from the Division as provided in Subsection 9.5.3 of these rules.

9.1.2.1.2 For the purposes of this rule and except for courses that have received Distance Education Certification from the Division as provided in Subsection 9.5.3 of these rules, "passive" continuing education is defined as videotapes, computer courses, or other education in which the instructor and student are separated by distance and sometimes by time if viewed in a location where no Division-certified prelicensing instructor is present.

9.1.2.2 A minimum of 6 hours of the 12 hours of continuing education required to renew must be live continuing education. The balance of up to 6 hours may be passive continuing education.

KEY: continuing education

[October 21, 2004]2005

Notice of Continuation June 26, 2002

61-2-5.5

ADDITIONAL INFORMATION

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For questions regarding the content or application of this rule, please contact Shelley Wismer at the above address, by phone at 801-530-6761, by FAX at 801-530-6749, or by Internet E-mail at swismer@utah.gov

For questions about the rulemaking process, please contact the Division of Administrative Rules (801-538-3764). Please Note: The Division of Administrative Rules is NOT able to answer questions about the content or application of these administrative rules.