DAR File No. 28899

Commerce, Real Estate

R162-9-2

Education Providers

NOTICE OF PROPOSED RULE

DAR File No.: 28899
Filed: 07/27/2006, 02:54
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

Currently, a provider of real estate continuing education may spend the time and money to register a proposed school name with the Division of Corporations, only to later find out that the name is not acceptable to the Division of Real Estate when they apply to the Division of Real Estate for certification of their real estate school.

Summary of the rule or change:

The providers of continuing education who want their schools to be certified by the Division of Real Estate will be required to seek approval of the school name from the Division of Real Estate before registering the name with the Division of Corporations.

State statutory or constitutional authorization for this rule:

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

Anticipated cost or savings to:

the state budget:

None--It is doubtful that any State government entity that offers real estate continuing education would do so under an assumed name instead of the name of the government entity. However, if an entity chose to obtain an assumed name for a real estate school, this rule would neither cost nor save the entity any money since the rule affects only the timing of name approval of an assumed name.

local governments:

None--It is also doubtful that a local government entity that offers real estate continuing education would do so under an assumed name instead of the name of the government entity. However, if an entity chose to obtain an assumed name for a real estate school, this rule would neither cost nor save the entity any money since the rule affects only the timing of name approval of an assumed name.

other persons:

The only other persons who are affected by this rule change are private providers of real estate continuing education. This rule will not cost them any money and may actually save them money since they will be required to obtain name approval from the Division of Real Estate before they incur the expense of registering with the Division of Corporations a school name that they may not be permitted to use.

Compliance costs for affected persons:

Since this rule merely changes the timing of obtaining name approval from the Division of Real Estate, the rule change will not result in additional costs for the providers of real estate continuing education.

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

No fiscal impact to businesses is anticipated by this filing other than a possible cost-savings to real estate schools as indicated in the rule summary. Francine A. Giani, 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:

09/14/2006

This rule may become effective on:

09/22/2006

Authorized by:

Derek Miller, Director

RULE TEXT

R162. Commerce, Real Estate.

R162-9. Continuing Education.

R162-9-2. Education Providers.

9.2. Continuing education providers who provide education courses specifically tailored for, or marketed to, Utah real estate, appraiser, or mortgage licensees, and who intend that real estate licensees shall receive continuing education credit for such courses, are required to apply to the Division for course certification prior to the courses being taught to students. Except as may be provided in Subsections 9.2.4, the Division will not grant continuing education credit to students who have taken courses that have not been certified by the Division in advance of the courses being taught to students.

9.2.1 Approved providers may include accredited colleges and universities, public or private vocational schools, national and state real estate related professional societies and organizations, real estate boards, and proprietary schools or instructors.

9.2.2 Application procedure. Except as provided in Subsection 9.2.[3]4, education providers shall make application to the Division following the procedures set for in Section 9.5.

9.2.3 Name approval. A real estate school shall obtain approval of the name under which it intends to provide continuing education courses prior to registering that name with the Division of Corporations of the Department of Commerce as a real estate education provider.

9.2.[3]4 A real estate education provider who provides proof to the division that the provider's course offering has been certified for continuing education credit in a minimum of three other states and that the provider has specific standards in place for development of courses and approval of instructors may be granted course certification by filling out the form required by the Division and including with the application:

(a) a copy of the provider's standards used for developing curricula and for approving instructors;

(b) evidence that the course is certified in at least three states;

(c) a sample of the course completion certification bearing all information required by Section 9.5.2.15; and

(d) all required fees, which shall be nonrefundable.

9.2.[4]5 Individual licensees may apply to the Division for continuing education credit for a non-certified real estate course that was not required by these rules to be certified in advance by the Division by filling out the form required by the Division and providing all information concerning the course required by the Division. If the licensee is able to demonstrate to the satisfaction of the Division that the course will likely improve the licensee's ability to better protect or serve the public and improve the licensee's professional licensing status, the Division may grant the individual licensee continuing education credit for the course.

9.2.[4]5.1 Provided the subject matter of the course taken is not exclusive to the other state or jurisdiction, a course approved for continuing education in another state or jurisdiction may be granted Utah continuing education credit on a case by case basis.

KEY: continuing education

Date of Enactment or Last Substantive Amendment: [November 16, 2005]2006

Notice of Continuation: June 26, 2002

Authorizing, and Implemented or Interpreted Law: 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.