(A) Application for course approvals.
(1) An applicant for initial course
approval, additional course offerings of an approved course or renewal of a
course approval shall apply to the division of real estate for approval of
appraiser continuing education courses on a form prescribed by the division
along with the nonrefundable fee as specified in paragraph (A)(2) of this rule.
The application form and fee must be submitted to the division of real estate
at least thirty days prior to the proposed initial date of the offering. Upon
notice from the division of real estate that an application is incomplete or
incorrect as filed, the applicant shall, within thirty days of the date of the
last such notice, submit to the division the additional requested information
or the corrected application. Failure to timely submit the additional requested
information or the corrected application shall constitute just cause for the
superintendent to void the application.
(2) A course provider which proposes to
offer a continuing education course to registered, licensed, or certified
appraisers shall remit to the division of real estate fees in accordance with
the following schedule:
(a) For each application for initial approval of a continuing
education course: fifty dollars;
(b) For each additional offering of an approved course within the
same calendar year after the initial course: ten dollars;
(c) For each continuing education course renewal: fifty dollars;
and
(d) For amendment of an approved course offering: ten
dollars.
(B) Criteria for approval of offerings and
instructors.
(1) For this rule, "classroom
hour" applies to instruction held in a classroom setting or in a distance
education setting. Offerings will not be approved in segments of less than two
classroom hours. Unless the continuing education instruction is distance
education as defined in paragraph (A) of rule 1301:11-7-03 of the
Administrative Code, no offering will be approved in which classroom
instruction exceeds more than eight classroom hours in any one day. For
purposes of this rule, one classroom hour consists of fifty minutes of
instruction out of a sixty minute segment.
(2) Instructors who present a continuing
education course, shall submit documentation to the division through a form
prescribed by the division demonstrating the instructor meets at least one of
the following qualifications:
(a) Possession of a bachelor's degree or higher in a related
field to that which the person is to teach, from a school listed as an
institution of higher learning by the United States department of education, or
from a comparable school of a foreign country;
(b) Possession of a valid teaching credential or certificate from
Ohio or another state authorizing the holder to teach in the field of
instruction which the person is to teach;
(c) Five years full-time experience in a profession, trade, or
technical occupation in the applicable field; or
(d) Any combination of at least five years of full-time
experience relevant to the applicable field and college level
education.
(3) The national uniform standards of
professional appraisal practice continuing education course required pursuant
to paragraph (B) of rule 1301:11-7-01 of the Administrative Code shall only be
awarded credit when the course is provided or course instruction is given by at
least one appraisal qualifications board certified instructor(s) and who is a
residential or general state certified appraiser in good standing.
(4) Continuing education courses may be
obtained from the following entities:
(a) Colleges or universities;
(b) Community or junior colleges;
(c) Real estate appraisal or real estate related
organizations;
(d) State or federal agencies or commissions;
(e) Proprietary schools;
(f) Providers approved by the superintendent or the real estate
appraiser board; or
(g) The appraisal foundation or its boards.
(5) Each continuing education course
shall be open to all registered, licensed, or state-certified real estate
appraisers on an equal basis.
(6) An examination of a registered,
licensed, or certified appraiser shall not be a requirement for successful
completion of a continuing education course which is offered in a classroom
setting. Notwithstanding paragraph (K) of rule 1301:11-7-03 of the
Administrative Code, a course provider may administer examinations in a
continuing education course for the purpose of verifying participation and
evaluating the effectiveness of the course in sychronous education
offerings.
(7) The superintendent of real estate may
approve course offerings for continuing education which maintain and increase a
registered, licensed, or certified appraiser's skill, knowledge and
competency in real estate appraising and which fall within the following
areas:
(a) Ad valorem taxation;
(b) Arbitrations, dispute resolutions;
(c) Courses related to the practice of real estate appraisal or
consulting;
(d) Developmental cost estimate;
(e) Ethics and standards of professional practice, uniform
standards of professional appraisal practice;
(f) Land use planning, zoning;
(g) Management, leasing, timesharing;
(h) Property development, partial interests;
(i) Real estate financing and investment;
(j) Real estate law, easements and legal interests;
(k) Real estate litigation, damages, condemnation;
(l) Real estate appraisal related computer
applications;
(m) Real estate securities and syndication;
(n) Federal, state, and municipal fair housing law, valuation
bias and/or equal opportunity;
(o) Developing opinions of real property value in appraisals that
also include personal property and/or business value;
(p) Seller concessions and impact on value; or
(q) Energy efficient items and "green building"
appraisals.
(8) The following offerings will not be
considered by the Ohio real estate appraiser board to meet continuing education
requirements:
(a) Examination preparation courses;
(b) Offerings in mechanical office and business skills,
including, but not limited to typing, speed reading, and memory
improvement;
(c) Sales promotion or meetings held in conjunction with the
general business of the attendee or his business associates;
(d) Meetings which are a normal part of in-house staff
training;
(e) That portion of any offering devoted to meals or other
refreshment; or
(f) Correspondence courses or distance education courses not in
compliance with rule 1301:11-7-03 of the Administrative Code.
(C) Up to fifty per cent of an individual's continuing
education requirement within a continuing education cycle may be granted for
participation, other than as a student in appraisal education processes and
programs. Activities for which credit may be granted are teaching, program
development, authorship of textbooks or similar activities that are determined
to be equivalent to obtaining continuing education. Credit for instructing any
given course or seminar can only be awarded once during a continuing education
cycle.
(D) Each course provider shall notify the division of real estate
in writing, at least ten days in advance of the addition of an offering date
for an approved course, or change in an offering date for an approved course,
and notify the division in writing at least three days in advance of all course
changes including location(s), time(s), instructor(s), or change(s) in course
content.
(E) The superintendent, upon application by the course sponsor or
school, may waive the requirements of thirty day notification on an original
application for course approval, or the ten day application for additional
offerings of an already approved course as set forth in paragraphs (A)(1) and
(D) of this rule, if the superintendent determines that the offering meets the
prescribed standards set forth in this rule and that any prescribed fees have
been paid. The course provider must submit in writing a roster required under
paragraph (H)(3) of this rule, along with a certified check or money order for
the fees in accordance with the following schedule in order to be eligible for
the superintendent's waiver:
(1) For a new continuing education course
offering submitted less than thirty days prior to the offering date, but not
less than ten days prior to the offering, the fee is two dollars per credit
hour per attendee.
(2) For an additional offering of a
course approved for that calendar year submitted less than ten days prior to
the offering date, the fee is two dollars per credit hour per
attendee.
(3) For a change of location, time,
instructor, or change of course content of a course approved for that calendar
year, submitted less than three days prior to the offering date, the fee is two
dollars per credit hour per attendee.
(F) The offering course providers must issue certificates using
the correct course certification number. Any certificate incorrectly issued
must be reissued to each attendee within thirty days of notice of the defective
certificate by the offering entity using the valid certification number as
assigned by the division.
(G) No approved course providers shall certify the attendance of
a person who was not physically present during one hundred per cent of the
offering time. All offerings must be successfully completed.
(H) Record keeping.
(1) Offering course providers shall
maintain for five years a record of attendance of each person attending an
offering disclosing the following information:
(a) Ohio real estate appraiser board approval certification
number;
(b) Name and business address of attendee;
(c) Offering title and description of offering;
(d) Classroom hours of attendance;
(e) Date of offering; and
(f) Name, address, and signature of verifier in employ of the
course provider.
(2) The course provider shall certify the
items specified in paragraph (H)(1) of this rule on a certificate or transcript
and furnish a copy to the attendee within thirty days after completion of the
offering.
(3) Each course provider shall submit to
the division of real estate, in a format prescribed by the division, within
fifteen days after completion of each offering, a list of the registered,
licensed, or certified appraisers who successfully completed the course. The
list shall include the registered, licensed, or certified appraisers'
file numbers and names, the course certification number, the number of approved
hours and the date and location the course was held.
(I) Denial or withdrawal of offering:
(1) The superintendent of real estate may
deny or withdraw approval of the initial application or renewal for any
proposed continuing education offering if the offering does not meet the
requirements of Chapter 4763. of the Revised Code or of the standards or
criteria prescribed in rules 1301:11-7-01 to 1301:11-7-03 of the Administrative
Code, or if the sponsoring entity or administrator have previously failed to
comply with any of the provisions of this rule or been found not to be honest,
truthful and of good reputation.
(2) Unless previously approved by the
Ohio real estate appraiser board, the superintendent may deny or withdraw the
approval of a person as continuing education course instructor for any person
who is found not to be honest, truthful and of good reputation, that has been
disciplined by the Ohio real estate appraiser board for a violation of Chapter
4763. of the Revised Code or fails to meet the requirements in rules
1301:11-7-01 to 1301:11-7-03 of the Administrative Code.
(3) If the superintendent determines an
initial offering, an offering previously approved, or an instructor that either
no longer meets prescribed standards set forth in Chapter 4763. of the Revised
Code or this rule, then a written notice of withdrawal of approval will be
given stating the reasons therefore. Such withdrawal of approval will be
effective ten days from the date of the notice of withdrawal.
(4) The party served with the withdrawal
notice may file, within thirty days of the date of the withdrawal notice, a
written request for hearing before the Ohio real estate appraiser board. If a
request for hearing is timely filed, a hearing before the Ohio real estate
appraiser board will be held within ninety days thereafter unless the party
requesting the hearing shall have requested or consented to a postponement. If
the hearing is not held within ninety days after a request for a hearing is
received plus the period of any such postponement, or if a decision is not
rendered within thirty days after the hearing, the order of denial shall be
rescinded and a certificate of approval issued on request.
(J) The Ohio division of real estate shall keep a current list of
approved continuing education courses which shall be available to the
public.
(K) The course required in paragraph (K)
of rule 1301:11-3-04 and paragraph (D) of rule 1301:11-4-02 of the
Administrative Code must address all of the following:
(1) The requirements
established by the appraiser qualifications board and the Ohio real estate
appraiser board for becoming and remaining a supervisory appraiser and a
registrant;
(2) The expectations and
responsibilities of being a supervisory appraiser;
(3) The expectations and
responsibilities of a registrant;
(4) The responsibilities
and requirements of a supervisory appraiser and a registrant in maintaining and
signing registrant experience logs required under rule 1301:11-3-04 of the
Administrative Code;
(5) The requirements
established by the appraiser qualifications board and the Ohio real estate
appraiser board for becoming and remaining an Ohio licensed or certified real
estate appraiser;
(6) The processes and
roles of the entities involved in establishing the qualifications for licensed,
certified and registered appraisers; and
(7) The basics of
"Uniform Standards of Professional Appraisal Practice."
