DAR File No. 40856

Commerce, Real Estate

Rule R162-2f

Real Estate Licensing and Practices Rules

Notice of Proposed Rule

(Amendment)

DAR File No.: 40856
Filed: 10/06/2016 11:02:41 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

In Section R162-2f-206c, the filing changes fair housing from a continuing education elective topic to a core topic. In Section R162-2f-501 in Appendix 2, the filing changes the experience point values relative to property management agreements.

Summary of the rule or change:

In Section R162-2f-206c, the continuing education topic of fair housing is changed from an elective topic to a core topic. In Section R162-2f-501 in Appendix 2, the property management experience table is amended to clarify the experience value for representation of a client under a property management agreement and by providing experience points for residential and commercial properties with fewer than five units.

Statutory or constitutional authorization for this rule:

• Section 61-2f-203
• Section 61-2f-103
• Section 61-2f-206
• Section 61-2f-204

Anticipated cost or savings to:

the state budget:

The division has the staff and budget in place to administer this proposed amendment. It is not expected that the proposed amendment will affect those resources or result in any cost or savings to the state budget.

local governments:

Local governments are not required to comply with or enforce the real estate licensing and practices rules. No fiscal impact to local government is expected from the proposed amendment.

small businesses:

The proposed amendment does not create new obligations for small business nor does it increase the cost associated with any existing obligation. No fiscal impact to small business is expected from the proposed amendment.

persons other than small businesses, businesses, or local governmental entities:

The proposed amendment does not create new obligations for persons other than small businesses, businesses, or local government entities nor does it increase the cost associated with any existing obligation. No fiscal impact to persons other than small businesses, businesses, or local government entities is expected from the proposed amendment.

Compliance costs for affected persons:

The proposed amendment does not create new obligations for affected persons. No fiscal impact to affected persons is expected from the proposed amendment.

Comments by the department head on the fiscal impact the rule may have on businesses:

The amendment to Section R162-2f-206c merely changes fair housing from a continuing education elective topic to a core topic. No fiscal impact to business is anticipated. The amendment to Section R162-2f-501 permits the accumulation of experience points for additional real estate activities not previously recognized. No fiscal impact to business is anticipated.

Francine A. Giani, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Office of Administrative Rules, or at:

Commerce
Real Estate
HEBER M WELLS BLDG
160 E 300 S
SALT LAKE CITY, UT 84111-2316

Direct questions regarding this rule to:

• Justin Barney at the above address, by phone at 801-530-6603, by FAX at , or by Internet E-mail at justinbarney@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

12/15/2016

This rule may become effective on:

12/22/2016

Authorized by:

Jonathan Stewart, Director

R162. Commerce, Real Estate.

R162-2f. Real Estate Licensing and Practices Rules.

R162-2f-206c. Certification of Continuing Education Course.

(1)(a) The division may not award continuing education credit for a course that is advertised in Utah to real estate licensees unless the course is certified prior to its being taught.

(b) A licensee who completes a course that is not required to be certified pursuant to this Subsection (1)(a), and who believes that the course satisfies the objectives of continuing education pursuant to this Subsection (2)(f), may apply to the division for an award of continuing education credit after successfully completing the course.

(2) To certify a continuing education course for traditional education, a person shall, no later than 30 days prior to the date on which the course is proposed to begin, provide the following to the division:

(a) name and contact information of the course provider;

(b) name and contact information of the entity through which the course will be provided;

(c) description of the physical facility where the course will be taught;

(d) course title;

(e) number of credit hours;

(f) statement defining how the course will meet the objectives of continuing education by increasing the participant's:

(i) knowledge;

(ii) professionalism; and

(iii) ability to protect and serve the public;

(g) course outline including a description of the subject matter covered in each 15-minute segment;

(h) a minimum of three learning objectives for every three hours of class time;

(i) name and certification number of each certified instructor who will teach the course;

(j) copies of all materials to be distributed to participants;

(k) signed statement in which the course provider and instructor(s):

(i) agree not to market personal sales products;

(ii) allow the division or its representative to audit the course on an unannounced basis; and

(iii) agree to upload, within ten business days after the end of a course offering, to the database specified by the division, the following:

(A) course name;

(B) course certificate number assigned by the division;

(C) date(s) the course was taught;

(D) number of credit hours; and

(E) names and license numbers of all students receiving continuing education credit;

(l) procedure for pre-registration;

(m) tuition or registration fee;

(n) cancellation and refund policy;

(o) procedure for taking and maintaining control of attendance during class time;

(p) sample of the completion certificate;

(q) nonrefundable fee for certification as required by the division; and

(r) any other information the division requires.

(3) To certify a continuing education course for distance education, a person shall:

(a) comply with this Subsection (2);

(b) submit to the division a complete description of all course delivery methods and all media to be used;

(c) provide course access for the division using the same delivery methods and media that will be provided to the students;

(d) describe specific frequent and periodic interactive events included in the course and appropriate to the delivery method that will contribute to the students' achievement of the stated learning objectives and encourage student participation;

(e) describe how and when certified instructors will be available to answer student questions; and

(f) provide an attestation from the sponsor of the availability and adequacy of the equipment, software, and other technologies needed to achieve the course's instructional claims.

(4) Minimum standards.

(a) Except for distance education courses, all courses shall be taught in an appropriate classroom facility and not in a private residence.

(b) The minimum length of a course shall be one credit hour.

(c) Except for online courses, the procedure for taking attendance shall be more extensive than having the student sign a class roll.

(d) The completion certificate shall allow for entry of the following information:

(i) licensee's name;

(ii) type of license;

(iii) license number;

(iv) date of course;

(v) name of the course provider;

(vi) course title;

(vii) number of credit hours awarded;

(viii) course certification number;

(ix) course certification expiration date;

(x) signature of the course sponsor; and

(xi) signature of the licensee.

(5) Certification procedures.

(a) Upon receipt of a complete application for certification of a continuing education course, the division shall, at its own discretion, determine whether a course qualifies for certification.

(b) Upon determining that a course qualifies for certification, the division shall determine whether the content satisfies core or elective requirements.

(c) Core topics include the following:

(i) state approved forms and contracts;

(ii) other industry used forms or contracts;

(iii) ethics;

(iv) agency;

(v) short sales or sales of bank-owned property;

(vi) environmental hazards;

(vii) property management;

(viii) prevention of real estate and mortgage fraud;

(ix) federal and state real estate laws;

(x) fair housing;

(xi)[(x)] division administrative rules;

(xii)[(xi)] broker trust accounts; and

(xiii)[(xii)] water law, rights and transfer.

(d) If a course regarding an industry used form or contract is approved by the division as a core course, the provider of the course shall:

(i) obtain authorization to use the form(s) or contract(s) taught in the course;

(ii) obtain permission for licensees to subsequently use the form(s) or contract(s) taught in the course; and

(iii) if applicable, arrange for the owner of each form or contract to make it available to licensees for a reasonable fee.

(e) Elective topics include the following:

(i) real estate financing, including mortgages and other financing techniques;

(ii) real estate investments;

(iii) real estate market measures and evaluation;

(iv) real estate appraising;

(v) market analysis;

(vi) measurement of homes or buildings;

(vii) accounting and taxation as applied to real property;

(viii) estate building and portfolio management for clients;

(ix) settlement statements;

(x) real estate mathematics;

(xi) real estate law;

(xii) contract law;

(xiii) agency and subagency;

(xiv) real estate securities and syndications;

(xv) regulation and management of timeshares, condominiums, and cooperatives;

(xvi) resort and recreational properties;

(xvii) farm and ranch properties;

(xviii) real property exchanging;

(xix) legislative issues that influence real estate practice;

(xx) real estate license law;

(xxi) division administrative rules;

(xxii) land development;

(xxiii) land use;

(xxiv) planning and zoning;

(xxv) construction;

(xxvi) energy conservation in buildings;

(xxvii) water rights;

(xxviii) landlord/tenant relationships;

(xxix) property disclosure forms;

(xxx) Americans with Disabilities Act;

[(xxxi) fair housing;]

(xxxi)[(xxxii)] affirmative marketing;

(xxxii)[(xxxiii)] commercial real estate;

(xxxiii)[(xxxiv)] tenancy in common;

(xxxiv)[(xxxv)] professional development;

(xxxv)[(xxxvi)] business success;

(xxxvi)[(xxxvii)] customer relation skills;

(xxxvii)[(xxxviii)] sales promotion, including:

(A) salesmanship;

(B) negotiation;

(C) sales psychology;

(D) marketing techniques related to real estate knowledge;

(E) servicing clients; and

(F) communication skills;

(xxxviii)[(xxxix)] personal and property protection for licensees and their clients;

(xxxix)[(xl)] any topic that focuses on real estate concepts, principles, or industry practices or procedures, if the topic enhances licensee professional skills and thereby advances public protection and safety;

(xl)[(xli)] any other topic that directly relates to the real estate brokerage practice and directly contributes to the objective of continuing education; and

(xli)[(xlii)] technology courses that utilize the majority of the time instructing students how the technology:

(A) directly benefits the consumer; or

(B) enables the licensee to be more proficient in performing the licensee's agency responsibilities.

(f) Unacceptable topics include the following:

(i) offerings in mechanical office and business skills, including:

(A) typing;

(B) speed reading;

(C) memory improvement;

(D) language report writing;

(E) advertising; and

(F) technology courses with a principal focus on technology operation, software design, or software use;

(ii) physical well-being, including:

(A) personal motivation;

(B) stress management; and

(C) dress-for-success;

(iii) meetings held in conjunction with the general business of the licensee and the licensee's broker, employer, or trade organization, including:

(A) sales meetings;

(B) in-house staff meetings or training meetings; and

(C) member orientations for professional organizations;

(iv) courses in wealth creation or retirement planning for licensees; and

(v) courses that are specifically designed for exam preparation.

(g) If an application for certification of a continuing education course is denied by the division, the person making application may appeal to the commission.

(6)(a) A continuing education course certification expires 24 months from the date of issuance and must be renewed before the expiration date in order to remain active.

(b) To renew a continuing education course certification, an applicant shall:

(i) complete a renewal application as provided by the division; and

(ii) pay a nonrefundable renewal fee.

(c) To reinstate an expired continuing education course certification within 30 days following the expiration date, a person shall:

(i) comply with all requirements for a timely renewal; and

(ii) pay a nonrefundable late fee.

(d) To reinstate an expired continuing education course certification after 30 days and within six months following the expiration date, a person shall:

(i) comply with all requirements for a timely renewal; and

(ii) pay a non-refundable reinstatement fee.

(e) A certification that is expired for more than six months may not be reinstated. To obtain a certification, a person must apply as a new applicant.

(f) If a deadline specified in this Subsection (6) falls on a day when the division is closed for business, the deadline shall be extended to the next business day.

 

R162-2f-501. Appendices.

When calculating experience points from Tables 1 and 2, experience points are limited to points for those activities which require a real estate license and comply with R162-2f-401a. A minimum of one-half of the points in Tables 1 and 2 must derive from transactions of properties located in the state of Utah.

 

TABLE 1

APPENDIX 1 - REAL ESTATE SALES TRANSACTIONS

EXPERIENCE TABLE

RESIDENTIAL - points can be accumulated from either the selling

or the listing side of a real estate closing:

  (a)
 One unit dwelling                           2.5 points

  (b)
 Two- to four-unit dwellings                   5 points

  (c)
 Apartments, 5 units or over                  10 points

  (d)
 Improved lot                                  2 points

  (e)
 Vacant land/subdivision                      10 points



COMMERCIAL

  (f)
 Hotel or motel                               10 points

  (g)
 Industrial or warehouse                      10 points

  (h)
 Office building                              10 points

  (i)
 Retail building                              10 points

 

TABLE 2

APPENDIX 2 - LEASING TRANSACTIONS AND PROPERTY MANAGEMENT

EXPERIENCE TABLE

RESIDENTIAL

  (a) Each 
property management                  1 point per unit[master agreement of 5 units]

      [or more]agreement                         
unit up to 5 points

  (b)
Each unit leased                          1.25 points


                                          
       per unit

  *(c)
All other property management            0.25 pt/month



COMMERCIAL - hotel/motel, industrial/warehouse, office, or

retail building

  (a) Each 
property management[master agreement of 5 units or more]                     
1 point per[5 points]

      agreement                                    unit up to 5 points

  (b)
Each unit leased                            1.25 points


                                                   per unit

  *(c)
All other property management              1 pt/month



     *When calculating experience points from Table 2, the

total combined monthly experience credit claimed for "All other

property management" combined, both residential and commercial,

may not exceed 25 points in any application to practice as a

real estate broker.

 

TABLE 3

APPENDIX 3 - OPTIONAL EXPERIENCE TABLE

Real Estate Attorney                             1 pt/month

CPA-Certified Public Accountant                  1 pt/month

Mortgage Loan Officer                            1 pt/month

Licensed Escrow Officer                          1 pt/month

Licensed Title Agent                             1 pt/month

Designated Appraiser                             1 pt/month

Licensed General Contractor                      1 pt/month

Bank Officer in Real Estate Loans                1 pt/month

Certified Real Estate Prelicensing Instructor    .5 pt/month

 

KEY: real estate business, operational requirements, trust account records, notification requirements

Date of Enactment or Last Substantive Amendment: [May 31], 2016

Notice of Continuation: August 12, 2015

Authorizing, and Implemented or Interpreted Law: 61-2f-103(1); 61-2f-105; 61-2f-203(1)(e); 61-2f-206(3); 61-2f-206(4)(a); 61-2f-306; 61-2f-307