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DAR File No. 29837

This filing was published in the 05/15/2007, issue, Vol. 2007, No. 10, of the Utah State Bulletin.

Commerce, Real Estate

R162-9

Continuing Education

FIVE-YEAR NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

DAR File No.: 29837
Filed: 04/18/2007, 01:32
Received by: NL

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

Subsections 61-2-5.5(1)(a)(ii) and (iv) require the Utah Real Estate Commission to make rules for postlicensing education of licensees and for the certification and conduct of those who provide the postlicensing education.

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

In 2002/2003, the Utah Real Estate Commission and the Division of Real Estate considered requiring the delivery method of all distance education courses to be certified by the Association of Real Estate Licensing Law Officials (ARELLO). Many opposed that proposal because of the cost of ARELLO certification. The Commission and the Division thereafter adopted rules that required either ARELLO certification of course delivery method or approval of the delivery method by the Utah Real Estate Commission.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

The Division is required to certify postlicensing education providers and courses and to regulate their conduct. It is necessary to have rules covering the procedures to follow to become certified and the standard of conduct to follow once certified. It is also necessary to have rules specifying course content and delivery method in order to ensure quality education. Therefore, this rule should be continued.

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

Commerce
Real Estate
HEBER M WELLS BLDG
160 E 300 S
SALT LAKE CITY UT 84111-2316

Direct questions regarding this rule to:

Shelley Wismer at the above address, by phone at 801-366-0145, by FAX at 801-366-0315, or by Internet E-mail at swismer@utah.gov

Authorized by:

Derek Miller, Director

ADDITIONAL INFORMATION

For questions regarding the content or application of this rule, please contact Shelley Wismer at the above address, by phone at 801-366-0145, by FAX at 801-366-0315, 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).

Last modified:  05/14/2007 5:36 PM