Chapter 4781-9 | Continuing Education

Rule 4781-9-01 | Continuing education general provisions; fees for continuing education.

• Effective: January 20, 2020
• Promulgated Under: 119.03

(A) Generally.

(1) Continuing education courses for manufactured homes installers and certified inspectors shall ensure that licensees possess the knowledge, skills, and competence necessary to function as manufactured homes installers or certified inspectors in a manner that protects and serves the public interest. The knowledge or skills taught in any continuing education course shall enable the licensee or certified inspector to better serve manufactured homes consumers and shall be directly related to manufactured homes installation or inspection operations.

(2) Any continuing education course that is conducted in Ohio or primarily for the benefit of Ohio licensees or inspectors shall accurately and completely address any unique Ohio laws, codes, rules, customary practices, or approved methods, relevant to the subject matter being taught.

(3) No continuing education course instructor shall instruct students in any manner or on any subject that contradicts any statute, court decision, administrative rule, or order that has been issued by the division.

(4) Continuing education may include any division-approved classroom, independent, distance, or field study. A course that includes field coursework shall also include at least two continuing education credit units of home installation or inspection with hands-on, direct experience using all tools, customary practices, and approved methods, specifically relevant to the installation or inspection of manufactured homes, as well as instruction as to the safe use of such procedures and tools. To be considered for approval as a field safety course, at least two hours of continuing education units shall be devoted to field safety practices.

(5) "Good cause" waivers or extensions.

(a) The division may waive any portion of the continuing education hours requirements or the rules promulgated thereunder in cases of certified illness, disability, military service, foreign residence, or for good cause that prevents the attendance of approved continuing education courses by a person holding a license or certification pursuant to Chapter 4781. of the Revised Code or extend the time for the licensee or inspector to complete the required continuing education requirements if the licensee or inspector has substantially met the other renewal requirements as set forth in Chapter 4781. of the Revised Code and the rules promulgated thereunder. Continuing education waivers or extensions of time to complete the required continuing education requirements shall be determined by the division or its designee on a case-by-case basis.

(b) If the division grants an extension of time to complete the continuing education requirements and the license has expired, such license shall not be reissued until the licensee has completed the required continuing education requirements.

(c) For the purpose of this rule, "good cause" means any non-reoccurring facts or circumstances outside the control of the licensee or inspector that hindered or prevented the licensee from completing the required hours of continuing education for the renewal of the license or certification by the expiration of the license or certification.

(6) Pursuant to Chapter 4781. of the Revised Code, if the continuing education requirements are not timely met by an individual on or before the expiration date set forth on the license or certification, the license or certification shall be suspended automatically without the taking of any action by the division or its superintendent. Failure to reactivate the license or certification as provided in this rule shall result in automatic revocation of the license without the taking of any action by the division or superintendent.

(B) Courses qualifying for continuing education credit.

(1) Credit shall be given only for courses that have been approved by the division. Courses approved by the division for continuing education for installers shall also meet the continuing education requirements for certified manufactured home inspectors.

(2) Notwithstanding paragraph (B)(1) of this rule, a licensee or inspector may request that the division award continuing education credit for a course or related educational activity that has not been pre-approved by the division. The licensee or inspector seeking such approval shall submit documentation to the division consisting of all the required information set forth in paragraph (B)(2) of rule 4781-8-02 of the Administrative Code. The licensee or inspector seeking approval shall also submit a nonrefundable fee not to exceed fifty dollars for each course or related educational activity to be reviewed. The fee may be paid by check or money order made payable to the "Treasurer, State of Ohio," or by credit card. Any payment of fees may be subject to a convenience fee as charged to the division.

(3) Continuing education hours obtained by individuals holding a license or certification pursuant to Chapter 4781. of the Revised Code and the rules promulgated thereunder may carry forward course credit from one year to another within the same renewal period.

(C) A prospective training agency shall obtain written approval from the division before the training agency may offer, conduct, advertise, or otherwise represent that the course is or may be approved by the division for continuing education credit in Ohio.

(D) Prospective training agencies for manufactured home installers and inspectors shall submit a completed application form with the following information:

(1) Name, address, email address, facsimile, and telephone number of the training agency;

(2) Name, address, email address, facsimile, and telephone number of the owner(s) of the training agency;

(3) Information on whether the owner of the training agency is a local or state inspector and whether the owner's participation would create a conflict of interest as opined by the Ohio ethics commission advisory opinion 98-005;

(4) A description of the purpose of the agency;

(5) Policy regarding attendance and procedure for record keeping of attendance;

(6) Acknowledgment that the training agency will adhere to the division's rules, procedures, and standards; and

(7) Any other information that the division deems necessary.

(E) The division shall maintain a current listing of all approved training agencies that provide continuing education for manufactured home installers.

(F) The division or its designee shall notify the training agency of its approval or disapproval of the training agency's application within sixty business days after receipt of the application. A training agency is approved for a period of one year.

(G) An approved training agency shall pay the annual fees required pursuant to rule 4781-9-05 of the Administrative Code. Such fees shall be submitted to the division with the attendance reports.

(H) A training agency shall file its renewal application for approval not more than sixty days nor less than thirty days prior to the expiration of the previous approval.

(I) No training agency shall advertise or otherwise notify any licensee that a course of study or program of instruction has been approved by the division until such course or program has been approved.

(J) Any training agency that fails to comply with this rule or rules 4781-9-02 to 4781-9-06 of the Administrative Code may have its approval revoked or not renewed. Any training agency that has been revoked or not renewed may appeal the decision pursuant to Chapter 119. of the Revised Code.

(K) Accommodations for students with disabilities.

Training agencies shall comply with the "Americans with Disabilities Act of 1990," 104 Stat. 327, 42 U.S.C. 12101, or other laws requiring training agencies to accommodate persons with disabilities.

Supplemental Information

Authorized By: 4781.04, 4781.10, 4781.14
Amplifies: 4781.04, 4781.08, 4781.10, 4781.14
Five Year Review Date: 1/20/2025
Prior Effective Dates: 6/2/2011

Rule 4781-9-02 | Continuing education requirements - reporting.

• Effective: January 20, 2020
• Promulgated Under: 119.03

(A) An approved training agency shall provide to the division a roster of all individuals holding a license pursuant to Chapter 4781. of the Revised Code that completed an approved continuing education course or program of instruction and the fees required by rule 4781-9-05 of the Administrative Code. The roster and the required fees must be submitted within fourteen business days of the date of completion of the course or program of instruction. The roster shall be provided to the division on the form prescribed by division or via any other means of electronic transmission that the division deems appropriate. The training agency shall maintain a copy of every roster for a period of three years after each course is held. Failure to properly report may result in revocation of approval or non-renewal of a training agency.

(B) An individual holding a license or certificate pursuant to Chapter 4781. of the Revised Code that falsifies information pertaining to the completion of the continuing education requirements may be subject to disciplinary action against their license or certification pursuant to rule 4781-8-03 or 4781-7-02 of the Administrative Code, respectively.

(C) An approved training agency that fails to notify the division of the date, time, and place of the continuing education course/program; falsely reports attendance; or falsely reports the number of hours attended by a licensee or completion of an approved continuing education course/program by a licensee may be removed from the approved training agency list maintained by the division or its designee.

Supplemental Information

Authorized By: 4781.04, 4781.10, 4781.14
Amplifies: 4781.04, 4781.09, 4781.10, 4781.14
Five Year Review Date: 1/20/2025
Prior Effective Dates: 9/15/2006

Rule 4781-9-03 | Continuing education course approval.

• Effective: January 20, 2020
• Promulgated Under: 119.03

(A) Continuing education course criteria:

(1) The division shall approve a course of study or program of instruction offered for continuing education purposes only if the training agency has met the requirements of this rule and the training agency submits the nonrefundable fee as set forth in rule 4781-9-05 of the Administrative Code. No training agency may conduct the course of study or program of instruction for credit for licensed manufactured home installers or certified inspectors unless the division has approved that training agency;

(2) The training agency shall submit its application for course approval not less than thirty days nor more than one year prior to the date of the course or program offering. If the training agency fails to submit its course application as set forth in this rule, consideration of the application may be delayed. The application shall be on forms prescribed and furnished by the division;

(3) The application for approval of a course of study or program of instruction shall contain the following:

(a) Name, address, email address, facsimile, and telephone number of the training agency;

(b) The policy regarding attendance and the procedure used for record keeping of attendance;

(c) The date(s), location, and time that the course/program will be offered;

(d) Name, address, email address, facsimile, telephone number, and occupation of proposed instructors;

(e) Resume of the proposed instructors detailing their experience and qualifications and the resume of any alternate proposed instructors;

(f) The content of the course/program, including:

(i) Title of the course/program;

(ii) Educational objective of the course/program;

(iii) Textbooks and student materials prescribed;

(iv) Outline or syllabus that contains a brief description of the course/program; and

(v) Duration of the course/program.

(g) Sample of the proposed advertising or written notice;

(h) Fee for the course/program;

(i) A description of the physical facility in which the course or program of instruction is offered; and

(j) Such other information as the division may request.

(4) An application for a computer-based course of study or program of instruction shall not be approved by the division unless it complies with paragraph (A)(3) of this rule; and

(a) The course is designed to ensure that participants are actively engaged in the instructional process while completing the course by utilizing techniques that require participant interaction with the computer program;

(b) If in each unit of instruction there is no activity from the participant after thirty minutes of instruction time, the course will shut down and the participant will have to begin from the beginning of the unit;

(c) The provider utilizes procedures that provide reasonable assurance of participant identity and that the participant receiving the continuing education credit for completing the course actually performed all of the work required to complete the course; and

(d) The provider utilizes a clock or timer on each screen that accurately records the course completion time to insure course time equals the amount of continuing education credit hours received.

(B) Time limit. No course of study or program of instruction will be approved by the division in which classroom instruction exceeds ten classroom hours of instruction in any one day.

(C) Approval duration. The approval of a course of study or program of instruction shall be valid for one year, provided that the training agency is certified throughout the course of that year.

(D) Instructors. No continuing education course will be approved if an instructor of a proposed course is a local or state inspector and the instructor's participation would create a conflict of interest as opined by the Ohio ethics commission advisory opinion 98-005.

(E) Upon approval of a course of study or program of instruction by the division, the division shall notify the training agency of the approval.

(F) Instructors may receive continuing education credit for the number of unduplicated subject matter hours they instruct.

(G) An approved training agency shall provide the division with a roster of attendees of a provided course or program within fourteen business days of completion of the course or program. The roster shall be provided to the division by a posting on the department of commerce website in a manner and form prescribed by the division or via any other means of electronic transmission that the division deems appropriate.

(H) An approved training agency shall notify the division in writing, within fourteen business days of the date of an approved course offering, of any cancellation, changes to the course date, or any change in the time or location of a course or program. If the training agency is proposing to change the content of a course or program or an approved instructor with an instructor that has not been approved for the course or program, the training agency shall comply with paragraph (K) of this rule before such course or program shall be offered.

(I) Any staff member of the division or member of the Ohio construction industry licensing board may attend a course or program being offered by an approved training agency in order to determine whether the course or program is being conducted in accordance with approved guidelines and procedures established in this rule.

(J) Any training agency that fails to comply with rules 4781-9-01 to 4781-9-06 of the Administrative Code may have its approval revoked or not renewed. Any training agency that has had its approval revoked or not renewed may appeal the division's decision pursuant to Chapter 119. of the Revised Code.

(K) If the change to the approved course/program materially alters the contents of the course/program initially approved by the division, or if an approved instructor is not available to teach the course or program, the training agency shall not hold that course/program until the training agency receives approval for the changes from the division.

Supplemental Information

Authorized By: 4781.04, 4781.10, 4781.14
Amplifies: 4781.04, 4781.10, 4781.14
Five Year Review Date: 1/20/2025
Prior Effective Dates: 1/1/2010

Rule 4781-9-04 | Instructor requirements.

• Effective: January 20, 2020
• Promulgated Under: 119.03

(A) All continuing education instructors shall possess the ability to:

(1) Present instruction in a thorough, accurate, logical, orderly, and understandable manner;

(2) Use varied instructional techniques in addition to straight lecture, such as class discussion and role-playing; and

(3) Use instructional aids, such as computer-based slide shows, an overhead projector, or the like to enhance learning.

(B) Instructors shall ensure that class sessions are started on time and are conducted for the full amount of time that is scheduled. Instructors shall also ensure that each continuing education course is taught according to the course outline and plan that was approved by the division, including the furnishing of approved student materials.

(C) Instructors shall be knowledgeable in the area that they are teaching and have one or more of the following:

(1) Five years' experience in the industry as an installer, or in a management, supervisory, inspection, or quality assurance capacity.

(2) A license, registration, or certification from a national certification agency or a state agency.

(3) A degree from an accredited educational institution.

(4) Other professional qualifications as approved by the division or its designee.

Supplemental Information

Authorized By: 4781.04, 4781.10, 4781.14
Amplifies: 4781.04, 4781.10, 4781.14
Five Year Review Date: 1/20/2025

Rule 4781-9-05 | Continuing education fees.

• Effective: January 20, 2020
• Promulgated Under: 119.03

(A) The fees for each continuing education course and for the annual approval of each training agency are as follows:

(1) A nonrefundable fee of ten dollars plus one dollar per credit hour for each course application submitted but not to exceed one hundred fifty dollars;

(2) A nonrefundable renewal fee, not to exceed seventy-five dollars, for the annual renewal of course approval;

(3) A nonrefundable fee of one dollar per credit hour of instruction per attendee; and

(4) A nonrefundable fee of twenty-five dollars for each training agency application submitted.

(B) Fees shall be made payable by check or money order to "Treasurer, State of Ohio" or by credit card. Any payment of fees may be subject to a convenience fee as charged to the division.

Supplemental Information

Authorized By: 4781.04, 4781.10, 4781.14
Amplifies: 4781.04, 4781.10, 4781.14
Five Year Review Date: 1/20/2025
Prior Effective Dates: 1/1/2010

Rule 4781-9-06 | Non-resident licensees and continuing education credit.

• Effective: January 20, 2020
• Promulgated Under: 119.03

(A) A non-resident licensee shall meet the requirements for continuing education as set forth in rule 4781-9-01 of the Administrative Code. If a non-resident licensee resides in a state requiring continuing education for a manufactured home installer license, the courses or continuing education in the state of residence may be considered by the division for approval in Ohio on a course-by-course basis.

(B) Any non-resident licensee who seeks to have the division consider non-division approved courses, including those that have taken place outside of the state of Ohio, may apply to the division to receive credit for the continuing education obtained in another state, by submitting an application on a form prescribed by the division. The application shall contain all of the information as required under paragraph (B) to rule 4781-8-02 of the Administrative Code and shall be accompanied by a nonrefundable fee in the amount of fifty dollars, by check or money order, made payable to the "Treasurer, State of Ohio," or by credit card. Any payment of fees may be subject to a convenience fee as charged to the division.

Supplemental Information

Authorized By: 4781.04, 4781.10, 4781.14
Amplifies: 4781.04, 4781.08, 4781.10, 4781.14
Five Year Review Date: 1/20/2025
Prior Effective Dates: 9/15/2006, 1/1/2010