201 KAR 30:180. Distance education standards.
RELATES TO: KRS 324A.035(3)(d), (f),
324A.050, 12 U.S.C. 3331-3351
STATUTORY AUTHORITY: KRS 324A.015(1), 324A.020,
324A.035(3)(d), (f)
NECESSITY, FUNCTION, AND CONFORMITY: KRS
324A.015(1) and 324A.020 authorize the board to promulgate administrative
regulations and perform functions and duties necessary to carry out the
provisions of KRS 324A.010 to 324A.090. KRS 324A.035(3)(d) and (f) require the
board to establish requirements for education and continuing education of
appraisers. Title XI of the Financial Institutions Reform, Recovery and
Enforcement Act of 1989, 12 U.S.C. 3331-3351, establishes the requirements for
the renewal of certification or licensure of appraisers of real property in
federally related transactions. This administrative regulation establishes the
requirements for approval of distance education courses for real estate
appraisers.
Section 1. Definitions. (1)
"Distance education course" means an organized instructional program
presented through the use of computer technology, satellite transmission, or
optical fiber transmission.
(2) "Instructor" means the
individual responsible for the dissemination of the educational information in
a distance education course.
(3) "Provider" means an organization or individual offering an education course via
computer technology, satellite transmission, or optical fiber
transmission.
Section 2. Limitations on
Distance Education Courses. A distance education course that involves less than
two (2) hours of credit shall not be approved.
Section 3. Standards for Distance
Education Course Approval. (1) To qualify for education credit, each distance
education course, with information that specifically outlines the content of
the course, shall be submitted for approval by the board in advance of the
presentation of the course in accordance with this administrative regulation.
(2) The education provider applying for
approval shall complete and submit the:
(a) Distance Education Course Approval
Application; and
(b Distance Education Instructor
Application.
(3) Board approval shall be given to a
distance education course that provides competent instruction in real estate
appraisal to establish, maintain, and increase the student’s skill, knowledge,
and competency in real estate appraising.
(4) The content of a distance education
course shall be reviewed to ensure that the course contributes to the
licensee's professional knowledge and competence and for compliance with this
administrative regulation.
(5) Course reviewers.
(a) The course shall be reviewed by a
distance education course delivery consultant and two (2) appraisal content
reviewers appointed by the board.
1. The distance education course delivery
consultant appointed shall be an academic educator with demonstrated competency
in the distance education field.
2. The appraisal content reviewer shall
be an educator who is academically qualified in appraisal subjects and who
holds a certified general real property appraisal certification.
(b) A report of findings and of the
reviewers shall be:
1. Consolidated into a recommendation for
approval or disapproval; and
2. Delivered to the board within
forty-five (45) days of receipt of a complete edition of the course.
(6) Each applicant who submits a distance
education course for approval shall submit a letter of approval, to the board,
for each class submitted, from one (1) of the following institutions:
(a) The International Distance Education
Certification Center (IDECC);
(b) A college or university that is
accredited by the Commission on Colleges; or
(c) A regional or national accrediting
agency recognized by the U.S. Secretary of Education.
(7) Every distance education course shall
include a final examination with a comprehensive assessment of the student's
overall mastery of the materials presented in the course which shall be administered
after the completion of the course by:
(a) A proctor approved by the board in
accordance with Section 5 of this administrative regulation; or
(b) Administration electronically on a
computer workstation or other device.
Section 4. Provider Approval. (1) Credit
for the classroom hour requirement for education courses delivered via distance
education may be obtained from:
(a) A college or university;
(b) A community or junior college;
(c) A real estate appraisal or real
estate related organization;
(d) A state or federal agency or
commission;
(e) A proprietary school; or
(f) An education provider approved by the
board in accordance with 201 KAR 30:150.
(2) Credit shall be granted for
continuing education distance education courses that are consistent with the
purposes of continuing education and that cover real estate appraisal related
topics including:
(a) Ad valorem taxation;
(b) Arbitration;
(c) Business courses related to the
practice of real estate appraisal;
(d) Development cost estimating;
(e) Ethics and standards of professional
practice;
(f) Land use planning, zoning, and
taxation;
(g) Management, leasing, brokerage, and
timesharing;
(h) Property development;
(i) Real estate appraisal;
(j) Real estate financing and investment;
(k) Real estate law;
(l) Real estate litigation;
(m) Real estate related computer
applications;
(n) Real estate securities and
syndication;
(o) Real property exchange;
(p) Valuation of green buildings;
(q) Impact of seller concessions;
(r) The impact of personal property on
the value of real property; or
(s) The impact of business value on real
property value.
(3) Credit shall be granted for
qualifying education distance education courses that cover Required Core
Curriculum topics listed in 201 KAR 30:190, Section 8.
Section 5. Instructors and Proctors. (1)
An instructor of a distance education course shall:
(a) Hold a Certified General Real
Property Appraiser Certification or Certified Residential Real Property
Appraiser Certification with:
1. A minimum of five (5) years of
experience; and
2. Competency in the specific area of
appraisal subject being taught;
(b) Hold a Certified Distance Education Instructor
certification from the IDECC;
(c) Not have been found by the board to
have violated the requirements of KRS 324A.050 or 201 KAR Chapter 30; and
(d) Submit a copy of the instructor’s
curriculum vitae and appraisal certification.
(2) If an instructor is replaced or
added, the credentials of the new instructor shall be submitted for approval
before that instructor may teach a course.
(3)(a) A proctor shall be the board
approved individual responsible for supervising the distance education course
examination.
(b) A proctor shall not be subject to the
same requirements as those for a distance instructor established in subsections
(1) and (2) of this section.
(c) A proctor shall not be:
1. A licensed real estate salesperson or
broker;
2. A licensed or certified real property
appraiser;
3. Professionally affiliated with a real
estate sales or real property appraisal office or business;
4. A member of the student's family; or
5. Professionally or personally
associated with the student.
(d) A proctor may be selected from
different professions, including:
1. A university, college, or community
college professor or instructor;
2. A registered public librarian;
3. A public school administrator;
4. A Notary Public;
5. An attorney; or
6. A nominee of the provider approved by
the board if the nominee has qualifications substantially equivalent to members
of the groups identified in this paragraph.
(e) The proctor shall:
1. Verify that the person taking the
examination is the person registered for the course by confirmation:
a. With a picture ID;
b. With another identification document,
including a driver’s license or student ID card; or
c. By familiarity;
2. Observe the student taking the exam;
3. Assure that the student does all the
work alone without aids of any kind, including books, notes, conversation with
others, or any other external resource;
4. Verify that the calculator used during
the exam shall be a nonprogrammable, hand-held calculator;
5. Provide for the administration of a printed
(hard copy) or CD-ROM based final examination;
6. Provide the student with the URL for
the course examination which shall be supplied by the provider if a request for
the examination is received from the student;
7. Assure that the student adheres to the
time limit requirement specified for the examination;
8. Assure that the examination shall be
completed in one (1) sitting;
9.a. Assure that, if there is an
interruption, the board shall be notified that the examination was interrupted
and the reason for the interruption; and
b. Assure that the board, or its
designee, shall approve the request to resume; and
10. Upon completion of the examination,
submit a certificate that confirms that the:
a. Proctor verified the identity of the
student;
b. Examination was completed on the date
assigned during the time permitted; and
c. Student has done all the work alone
without aids of any kind, including books, notes, conversation with others, or
any other external resource while taking the examination, including access to
Internet search engines or Web sites other than the examination.
Section 6. Course Delivery Medium. (1) A
course delivery system shall contain provisions for interactivity including:
(a) Instructor feedback with a response
time of no more than two (2) business days from student lesson assignment, quiz
submissions, and inquiries;
(b) Readily available opportunity for
student inquiry and general questions concerning the course;
(c) Timely clarification of confusing
points or errors in the study text; and
(d) Instructor's review of a student’s
activity in the course at least every thirty (30) days to assess progress and
find the cause of potential delays in the student’s completion of the course.
(2) The provider shall provide the board’s
course reviewers with:
(a) Two (2) full copies of the courseware
with free access to the course text, assignments, quizzes, and final
examination; and
(b) The URL and any username or password
required for free access, if Internet course delivery shall be used.
Section 7. Record Keeping and Reports.
(1) The provider shall furnish to the board notification identifying the
student, along with the name of the course in which the student is enrolled, as
each enrollment is received by the provider.
(2) At the conclusion of the course, the
student shall submit a Distance Education Student Independent Work
Certification for the course.
(3) Upon the completion of the final
examination, the proctor shall submit a Distance Education Proctor's
Examination Certification.
(4) A Distance Education Course
Evaluation of the student’s on-line experience during the course shall be
submitted at the conclusion of the course.
(5) A Certificate of Completion shall be
delivered to the board and the student upon successful completion of the course
and the final examination that contains:
(a) The course name and the provider’s
course number exactly as it appears on the Distance Education Course Approval
Application;
(b) The student’s name and address;
(c) Whether the student passed the
course;
(d) An original authorized signature of a
representative for the course provider;
(e) The dates and location that the
course was in session;
(f) Information that the student was in
attendance a minimum of fifty (50) minutes of each hour of instruction time
excluding lunch and breaks; and
(g) The address and telephone number of
the provider.
Section 8. Fees. A provider shall pay a
$100 nonrefundable fee in connection with each distance education course
submitted for approval by the board for the review of the distance education
delivery system and the course content.
Section 9. Incorporation by Reference.
(1) The following material is incorporated by reference:
(a) "Distance Education Course
Approval Application", 2005;
(b) "Distance Education Student
Independent Work Certification", 2005;
(c) "Distance Education Proctor’s
Examination Certification", 2005;
(d) "Distance Education Course
Evaluation", 2005; and
(e) "Distance Education Instructor
Application", 2007.
(2) This material may be inspected,
copied, or obtained, subject to applicable copyright law, at the Kentucky Real
Estate Appraisers Board, 135 W. Irvine Street, Suite
301, Richmond, Kentucky 40475, (859) 623-1658, Monday through Friday, 8
a.m. to 4:30 p.m. (31 Ky.R. 2060; Am. 32 Ky.R. 257; eff. 8-25-2005; 33 Ky.R.
4211; 34 Ky.R. 231; eff. 8-31-07; 36 Ky.R. 156; 571; eff. 10-2-2009; TAm eff.
12-28-2009; 39 Ky.R. 87; 461; eff. 10-5-2012; 41 Ky.R. 553; 1042; eff.
12-5-2014.)
