201 KAR 30:180. Distance education standards

Link to law: http://www.lrc.ky.gov/kar/201/030/180.htm
Published: 2015

      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)


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



       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



      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


      (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


      (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


      (f) Land use planning, zoning, and


      (g) Management, leasing, brokerage, and


      (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


      (n) Real estate securities and


      (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


      (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


      2. A licensed or certified real property


      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


      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


      (b) The student’s name and address;

      (c) Whether the student passed the


      (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.

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