201 KAR 11:230. Continuing education
requirements.
RELATES TO: KRS 324.010(7), (8),
324.046(5), 324.085(1), (2), 324.090, 324.160(1)(c), 324.160(4)(u), 324.281(7)
STATUTORY AUTHORITY: KRS 324.085(1),
324.160(1)(c), 324.160(4)(u), 324.281(5), (7), (8), 324.282
NECESSITY, FUNCTION, AND CONFORMITY: KRS
324.085(1) requires an actively-licensed agent, except an agent licensed prior
to June 19, 1976, to successfully complete six (6) hours of mandatory
continuing education each year as a condition of license renewal and requires
that three (3) of the six (6) hours pertain to the study of real estate law.
This administrative regulation establishes the requirements relating to continuing
education and sets the amount of the fine for failure to comply with the requirements.
Section 1. Mandatory Continuing
Education. (1) An active licensee, licensed by the commission on or after June
19, 1976, shall meet the requirements of KRS 324.085(1) by attending and
successfully completing six (6) hours of continuing education courses that are
sponsored or approved by the commission by December 31 of each calendar year. An active license shall
receive continuing education credit for any approved course taken, if he or she
files with the commission a certificate of completion for each course for which
credit is sought by December 31 of each calendar year. These courses may be
taken in one (1) to six (6) hour increments. An active license shall not be renewed unless
the licensee has complied with the provisions of this administrative regulation.
(2) An active licensee shall attend a
commission-approved core course once every four (4) years. The core course
shall:
(a) Satisfy the licensee's mandatory
continuing education requirement for the year in which the course is taken; and
(b) Be a six (6) hour comprehensive
review of the requirements of KRS Chapter 324, 201 KAR Chapter 11, common and
federal law relating to real estate, and the standards of practice for a real
estate licensee.
(3) When a licensee is first licensed in
Kentucky, his or her year of compliance shall be assigned by the commission
based upon the following schedule:
(a) If the licensee's birth month is
January, February, or March, the licensee shall take the core course in the
first year of a four (4) year cycle.
(b) If the licensee's birth month is
April, May, or June, the licensee shall take the core course in the second year
of a four (4) year cycle.
(c) If the licensee's birth month is
July, August, or September, the licensee shall take the core course in the
third year of a four (4) year cycle.
(d) If the licensee's birth month is
October, November, or December, the licensee shall take the core course in the
fourth year of a four (4) year cycle.
(4) Continuing education hours exceeding
the amount required shall not be carried forward to the next year's requirements
or used to reactivate a license in the next calendar year.
(5) Hours of instruction in prelicense
real estate education courses, unless it is the licensee’s year to complete the
core course, shall be credited to the mandatory continuing education
requirements for the calendar year in which it is taken and completed. The
licensee shall submit a transcript or course completion certificate for the prelicense
course in order to receive credit toward the continuing education requirements
for that calendar year.
Section 2. Exemptions from the Mandatory
Continuing Education Requirement. (1) The provisions of this administrative
regulation shall not apply to any person licensed by the commission prior to
June 19, 1976.
(2) A licensee shall not be required to
attend a continuing education course during the first calendar year in which he
or she is first licensed in Kentucky.
(3)(a) An escrowed licensee shall not be
required to attend continuing education courses while the license remains in escrow.
(b) Before a license is changed from
escrow to active status, a licensee shall provide the commission with
documentation of the completion of the current calendar year's continuing
education requirements.
(c) If the licensee has not completed the
core course in the previous four (4) years as required, the core course shall
become the current calendar year's continuing education requirement for a
license changing from escrow to active.
Section 3. Continuing Education Course
Criteria. (1) One (1) hour of continuing education shall be allowed for each
fifty (50) minutes of actual attendance.
(2) To receive approval, courses shall:
(a) Be in hourly
increments from one (1) to six (6) hours;
(b) Be real estate
specific;
(c) Consist of
topics that shall:
1. Enable the
student to better understand the brokerage business; and
2. Serve the
public.
(3) A course that is motivational or
considered to be personal development in nature shall not be approved.
(4) All course approvals shall expire on
December 31 of each calendar year.
(5) All primary or secondary providers
wishing to offer online or other distance education courses, as outlined in 201
KAR 11:240, shall be certified by the Association of Real Estate License Law
Officials (ARELLO) or the International Distance Education Certification Center
(IDECC) as to format and delivery systems of the program. The commission shall
review the content to ensure that it meets the requirements outlined in 201 KAR
11:240.
Section 4. Continuing Education Course
Provider Requirements. (1) An education course shall be sponsored by:
(a) An accredited institution;
(b) A school that has been given a
certificate of approval by the Kentucky State Board of Proprietary Education;
(c) An appropriate governmental
regulatory body; or
(d) An approved real estate school as
defined in KRS 324.010(7)(b).
(2) To apply for approval of a continuing
education course, a provider shall submit a:
(a) Completed Continuing Education Provider
Application, which shall:
1. Include a completed Course Outline
form, broken into fifteen (15) minute increments, to include learning objectives
for the course, teaching methods, auxiliary aids, materials, and the policies
of the provider; and
2. Be signed by the sponsor's
administrator to indicate compliance with applicable law and the requirements
of this administrative regulation;
(b) Copy of the Certificate of Approval
from the Kentucky State Board for Proprietary Education, or the Kentucky Department
of Education, unless the provider is an accredited college or university; or an
approved real estate school as defined in KRS 324.010(7).
(c) Completed Real Estate Instructor
Application for each instructor who will teach the course, as required by 201
KAR 11:175; and
(d) Copy of all advertising or brochures
advertising the continuing education course.
(3) The course provider shall agree that
all instructors shall abide by the Generally Accepted Principles of Education
as adopted by the Real Estate Educators Association and the commission as the
standard for classroom performance and comply with the KREC Guidelines for
Classroom Management.
(4) The commission education director
shall submit the information to the commission for approval or rejection of the
course at their regularly scheduled meeting.
(5) A course and instructor that have
been previously approved within the calendar year may be conducted by another
provider, upon the submission of a short form application and approval by the
commission staff.
(6) A provider shall:
(a) At least thirty (30) days prior to
the scheduling of a continuing education course, submit to the commission a
completed Continuing Education Schedule that identifies the course provider,
course title and number, instructor, date, time, and location of each class;
(b) Give to each attendee listed on the
roster a completed Continuing Education Completion Certificate;
(c) Within ten (10) days of a continuing
education course, submit to the commission:
1. A completed Continuing Education
Attendance Roster, which shall include the full legal name, residence address,
and other identifying information required by the commission, in alphabetical
order;
2. Continuing Education Course Evaluation
completed by each attendee listed on the roster; and
3. A completed CE Course Evaluation
Transmittal Form;
(d) Permit monitoring of the courses and
inspection of the records by the commission; and
(e) Make the course available to all
licensed agents, subject only to space limitations.
(7) The providers’ approval to conduct
continuing education courses may be withdrawn by the commission for:
(a) A violation of the classroom
management guidelines;
(b) Falsification of attendance
information submitted to the commission;
(c) Allowing an instructor to solicit
business or sell materials to students in the classroom;
(d) Failure to provide the commission the
required materials in accordance with this administrative regulation; or;
(e) Conducting courses that were not
approved prior to being offered.
Section 5. Instructor Requirements. (1) A
course instructor shall:
(a) Have adequate education, knowledge
and experience in the topic to be presented;
(b) Have prior teaching experience; and
(c) Be an "approved instructor"
under the requirements established in 201 KAR 11:175.
(2) A licensee who teaches an approved
continuing education course shall be entitled to credit on a hour-for-hour
basis. To obtain continuing education credit, the instructor's name shall be
added to the attendance roster for the course. However, the instructor shall
not receive credit more than once in a calendar year for teaching a specific
course.
(3) An instructor of an approved real
estate course shall receive credit toward his or her continuing education requirements.
The instructor’s supervisor shall provide the commission with a written notice
requesting teaching credit, to include the instructor’s name, name of course,
dates the course was conducted, and be signed by the approved school or
institution’s authorized representative.
Section 6. Out-Of-State Continuing
Education Requirements. A licensee who attends continuing education in another
state may receive approval for continuing education courses completed in another
state provided:
(1) The regulatory jurisdiction where the
continuing education course is held accepts courses held in Kentucky for
continuing education credit in the jurisdiction;
(2) The real estate regulatory agency of
the state where the course is held approved the course for real estate
continuing education credit;
(3) The course shall be taken and
completed during the calendar year for which continuing education credit is
sought in Kentucky;
(4) The course enables the licensee to
better understand the real estate brokerage business and meets the content
criteria prescribed by the commission;
(5) The licensee submits proof of
completion of the out-of-state course to the Kentucky Real Estate Commission
through a Course Completion Certificate issued by the provider, and an Out of
State Continuing Education Compliance Form. The documentation shall provide
the:
(a) Name and residence address of the
licensee seeking continuing education credit and other identifying information
as required by the commission;
(b) Name and date of the course for which
credit is sought;
(c) Course number if one exists;
(d) Number of hours completed for which
credit is sought;
(e) Continuing education provider’s name;
(f) A signature from a representative of
the continuing education provider documenting the licensee’s course attendance;
(g) Regulatory jurisdiction where the
course is approved for continuing education credit; and
(h) An outline of the course for which
continuing education credit is sought if the outline is specifically requested
by the commission;
(6) The completion documentation
certificate and other forms shall be provided to the commission for review
within fourteen (14) days of the licensee’s receipt of the certificate from the
approved education provider; and
(7) If after review of the materials
submitted, the commission determines the course does not merit continuing
education credit, the commission may deny continuing education credit for the
course. The commission shall notify the licensee of this denial and a brief
explanation of the reasons for denial.
Section 7. Compliance and Delinquency. (1)
The time requirements established in this administrative regulation may be
extended by the commission if:
(a) A true hardship or other good cause
clearly warrants relief; and
(b) The request for extension and any
required documentation, is received in writing on or before February 15 of the
calendar year immediately following the year in which continuing education
requirements were not fulfilled.
(2) If a licensee fails to comply with the
provisions of this administrative regulation, the executive director or his
representative shall notify the licensee as soon as practical on or after January
15 of the next calendar year of the failure to comply. If the licensee
fulfilled the continuing education requirements in the previous year, proof of
completion shall be forwarded to the commission on or before February 15.
(3) A license shall not be cancelled for
nonfulfillment of the continuing education requirements if the licensee takes
one (1) of the following steps by February 15:
(a) Places his license in escrow; or
(b) Agrees in writing to a delinquency
plan, which includes completion of the delinquent continuing education
requirements for the previous calendar year on or before June 15; and
(c) Submits a $500 fine which shall be
assessed against each licensee who fails to complete the continuing education
requirements outlined in KRS 324.085(1) by the end of the calendar year.
(4) A licensee who places his license in
escrow under the provisions of this section shall not reactivate his license
unless he has:
(a) First completed the core course or
the current year's mandatory continuing education requirements as outlined in
Section 2(2) of this administrative regulation; and
(b) Paid the fees required by KRS 324.287
and under this administrative regulation.
(5) A licensee who fails to place his
license in escrow or file the delinquency plan on or before February 15
immediately following the year in which continuing education requirements were
not fulfilled, shall have his license cancelled as of that date and shall not
be eligible to renew.
(6) If a licensee fails to complete the
requirements of the delinquency plan:
(a) The commission shall notify the
licensee of the deficiency on or after July 1;
(b) The deficiency notice shall advise
that the licensee may request a hearing for the commission to consider whether
the license should be suspended for noncompliance with the delinquency plan;
(c) Failure to request a hearing shall
result in a default order of suspension; and
(d) Any suspension ordered by the
commission for noncompliance with the continuing education delinquency plan
shall be for a period of six months.
(7) If the commission suspends the
license as a result of a default order or after hearing, the licensee shall not
be allowed to activate his license unless, within ninety (90) days of the
expiration of the suspension, the licensee;
(a) First completes the current year’s
continuing education requirements;
(b) Submits the required documents to
reinstate the license; and
(c) Pays all necessary renewal and
transfer fees as required by KRS 324.287.
(8) If the licensee does not reinstate
the license within ninety (90) days following the completion of the suspension
period, the license shall be cancelled and the licensee shall meet the requirements
for initial licensure, including retaking the examination.
Section 8. Records Maintenance. (1) Each
continuing education provider shall maintain the following records in a file
for two (2) years following the end of each calendar year:
(a) A copy of the roster submitted to the
commission of licensees attending the course;
(b) A copy of the Course Evaluation
Transmittal form;
(c) The sign in sheet or registration
list used by the provider to track attendance; and
(d) Any other documentation regarding
student attendance.
(2) Records containing licensee
information shall be destroyed by the provider.
Section 9. Incorporation by Reference. (1)
The following material is incorporated by reference:
(a) "Continuing Education Provider
Application", 09/07 edition;
(b) "Course Outline", 09/07
edition;
(c) "Real Estate Instructor
Application", 09/07 edition;
(d) "Continuing Education
Schedule", 09/07 edition;
(e) "Continuing Education Attendance
Roster", 09/07 edition;
(f) "CE Course Evaluation
Transmittal Form", 09/07 edition;
(g) "Continuing Education Course
Evaluation", 09/07 edition;
(h) "Kentucky Continuing Education
Completion Certificate", 09/07 edition;
(i) "Continuing Education Short Form
Application", 09/07 edition;
(j) "KREC Guidelines for Classroom
Management", 09/07 edition;
(k) "Generally Accepted Principles
of Education", as adopted by the Real Estate Educators Association and the
Kentucky Real Estate Commission, 09/07 edition;
(l) "Kentucky Core Course Provider
Application", 09/07 edition;
(m) "Kentucky Real Estate Commission
Out-of-State Continuing Education Compliance Form", 09/07 edition.
(2) This material may be inspected,
copied, or obtained, subject to applicable copyright law, at the Kentucky Real
Estate Commission, 10200 Linn Station Road, Suite 201, Louisville, Kentucky
40223, Monday through Friday, 8 a.m. to 4:30 p.m. (17 Ky.R. 2297; Am. 2693;
eff. 3-8-91; 18 Ky.R. 2592; eff. 3-25-92; 24 Ky.R. 2752; 25 Ky.R. 297; eff.
8-17-98; 25 Ky.R. 1681; eff. 4-14-99; 27 Ky.R. 1516; 2711; eff. 4-9-2001; 34
Ky.R. 838; 1940; eff. 3-7-2008; 36 Ky.R. 143; eff. 10-2-2009.)
