Section 16 Regulation 

SECTION 16. REAL ESTATE EDUCATION.

16.1 Instructor applications; education; experience.
16.2 School applications; association applications.
16.3 Course approval requirements.
16.4 Renewals.
16.5 Monitoring.
16.6 Third party sponsors.
16.7 Distance education.
16.8 Course requirements.
16.9 Felony reporting requirements.
16.10 Maintenance of records; school or association closings.

 

16.1 Instructor applications; education; experience.

Applicants for original licensure as a Principal or Associate Instructor must apply on forms provided by the Commission, pay the application fee established by these regulations, and meet the following requirements:
   (a)  Broker pre-license and broker post-license Instructor applicants must provide proof of the following:
   (1)  Completion of not less than a high school diploma or GED;
   (2)  Successful completion of the following courses of instruction in real estate, which proof shall consist of the original certificate(s) or certified copies thereof, from the school or other organization or other documentation satisfactory to the Commission:
        (A) not less than thirty (30) classroom hours in the basic principles of real estate completed by
actual classroom attendance or completion of approved distance education courses;
        (B) not less than sixty (60) classroom hours in broker pre-license education to include not less than forty-five (45) hours of broker pre-license education developed by the Commission, completed by actual classroom attendance;
        (C) not less than eighteen (18) classroom hours in salesperson post-license education and thirty (30) hours in broker post-license education developed by the Commission, completed by actual classroom attendance;
   (3)  have in Real Estate five (5) years of work experience within the immediately preceding six (6) years; and
   (4)  hold and maintain a current active Arkansas Real Estate Broker License.
   (b)  Salesperson pre-license Instructor applicants must provide proof of the following:
   (1)  Completion of not less than a high school diploma or GED;
   (2)  Successful completion of a course or courses of instruction consisting of not less than thirty (30) classroom hours in the basic principles of real estate completed by actual classroom attendance or completion of approved distance education courses, which proof shall consist of the original certificate(s) or certified copies thereof, from the school or other organization or other documentation satisfactory to the Commission;  
   (3)  have in Real Estate five (5) years of work experience within the immediately preceding six (6) years; and
   (4)  hold and maintain a current active Arkansas Real Estate Broker License.
   (c)  Salesperson post-license Instructor applicants must provide proof of the following:
   (1)  Completion of not less than a high school diploma or GED;
   (2)  Successful completion of the following courses of instruction in real estate, which proof shall consist of the original certificate(s) or certified copies thereof, from the school or other organization or other documentation satisfactory to the Commission:
        (A) not less than thirty (30) classroom hours in the basic principles of real estate completed by
actual classroom attendance or completion of approved distance education courses;
        (B) not less than eighteen (18) classroom hours in salesperson post-license education developed by the Commission, completed by actual classroom attendance;
   (3)  have in Real Estate five (5) years of work experience within the immediately preceding six (6) years; and
   (4)  hold and maintain a current active Arkansas Real Estate Broker License.
   (d)  Continuing education Instructor applicants must provide proof of the following:
   (1)  Completion of not less than a high school diploma or GED;
   (2)  Successful completion of a course or courses of instruction consisting of not less than thirty (30) classroom hours in the basic principles of real estate completed by actual classroom attendance or completion of approved distance education courses, which proof shall consist of the original certificate(s) or certified copies thereof, from the school or other organization or other documentation satisfactory to the Commission  
   (3)  have in Real Estate five (5) years of work experience within the immediately preceding six (6) years; and
   (4)  hold and maintain a current active Arkansas Real Estate Broker License.
   (e)  Real estate Guest Speakers must:
   (1) have in the subject matter being presented five (5) years of work experience within the immediately preceding six (6) years;
   (2) register with the Commission on forms prescribed by the Commission; and
   (3) refrain from engaging in product and/or service promotion during class time.
   (f) All Instructors shall demonstrate in a manner satisfactory to the Commission a thorough, accurate and current knowledge of the subject matter being taught.
   (g) The Commission may require Instructor and Administrator attendance at an annual Educator Retreat Workshop and other semi-annual Instructor training workshops.

16.2 School applications; association applications.

Applications for a Main School, Branch School or Association license must be submitted on forms provided by the Commission and accompanied by the application fee established by these regulations and shall meet the following requirements:
   (a) Main and Branch School license applications must include:
   (1)  name and location of the school
   (2)  current roster of licensed Instructors and registered Guest Speakers
   (3)  an identified Principal Instructor;
   (4)  a signed statement that the school or association is in compliance with all local, state and federal zoning ordinances and all accessibility requirements established by the Americans with Disabilities Act (ADA); and
   (5)  copies of school policies to be filed with the Commission regarding course attendance, make-up work and refunds.
   (b)  Association license applications must include:
   (1)  name and location of the Association;
   (2)  an identified Administrator; and
   (3)  copies of Association policies to be filed with the Commission regarding course attendance, make-up work and refunds. 

16.3 Course approval requirements.

Applications for real estate education course approvals must be submitted on forms provided by the Commission and accompanied by the application fee established by these regulations and shall meet the following requirements:
   (a)  Salesperson Pre-License Courses:
   (1)  must include not less than thirty (30) classroom hours in the basic principles of real estate; and
   (2)  may be offered by classroom instruction or approved distance education.
   (b)  Broker Pre-License Courses:
   (1)  must adhere to the Commission’s approved broker pre-license education content outline, learning objectives and measurement tools;
   (2)  may not be marketed as examination preparation or “exam prep” courses; and
   (3)  must be offered by classroom instruction only.
   (c)  Salesperson and Broker Post-License Courses:
   (1)  must adhere to the Commission’s approved salesperson and broker post-license education content outlines, learning objectives and measurement tools; and
   (2)  must be offered by classroom instruction only.
   (d)  Continuing Education Courses:
   (1)  must be based upon subject matter topics identified by the Commission, as established by § 17-42-502;
   (2)  must include a course outline and learning objectives; and
   (3)  may be offered by classroom instruction or approved distance education.

16.4 Renewals.

   (a)  The renewal period for school, association and instructor licenses will be May 1 to April 30. Renewal applications accompanied by the required fee must be filed with the Commission no later than March 31. In order to be considered filed with the Commission by the deadline, the renewal applications and accompanying fees must be submitted in completion and must bear a U.S. Postal Service postmark of March 31 or be received in the Commission’s office on or before March 31. If March 31 falls on a Saturday, Sunday or legal holiday, the Commission shall accept as meeting the filing deadline those renewal applications that bear a U.S. Postal Service postmark of the first business day thereafter, and those applications received in the Commission office on the first day the office is open to the public following such Saturday, Sunday or legal holiday.
   (b)  A renewal application filed after the March 31 renewal deadline shall be treated as a late renewal application.
   (c)  A license renewal not received by April 30 will be considered an original application for licensure upon submittal to the Commission.
   (d)  The renewal period for real estate education courses will be twelve (12) months from the date of initial course approval.
   (1)  Where no substantive changes have been made to course content, course renewal applications accompanied by the required fee must be filed with the Commission no later than thirty (30) days prior to the approval’s expiration date.
   (2)  Where substantive changes have been made to course content, course renewal applications accompanied by the required fee must be filed with the Commission no later than sixty (60) days prior to the approval’s expiration date.
   (e)  A course approval renewal application received after the thirty (30) or sixty (60) day deadline shall be treated as a late renewal.
   (f)  A course approval renewal application submitted to the Commission after the course approval expiration date will be considered an original application for course approval.

16.5 Monitoring.

   (a)  The Commission or its designee shall periodically monitor all aspects of real estate education offerings. As such, a School or Association’s course schedule should at all times be readily available to the Commission.
   (b)  For any real estate class that is offered and has an attendance of over forty (40) participants, that Instructor or Administrator shall have on file with the Commission an approved monitoring plan. The plan shall be filed prior to the course offering.
   (c)  Any licensed school associated by name with a real estate firm and whose courses are conducted primarily at that firm’s place of business shall have an approved permanent monitoring plan on file with the Commission.
   (d)  For any real estate class that is offered and has instructional time devoted to luncheons, that Instructor or Administrator shall have on file with the Commission an approved monitoring plan.
   (e)  For any real estate class that is closed to a specific group of individuals, that Instructor or Administrator shall notify the Commission two (2) weeks prior to the course offering of the date, time and location of the class.
   (f)  For any real estate class that is offered with a third party sponsor’s participation, that Instructor or Administrator shall have on file with the Commission an approved monitoring plan. The plan shall be filed not less than fourteen (14) days prior to the course offering.
   (g)  Any monitoring plan filed with the Commission should include the following:
   (1)  criteria for determining one hundred percent (100%) attendance and course completion by students enrolled in the course;
   (2)  methods for monitoring students’ attendance and participation;
   (3)  a copy of the school or association’s make-up policy; and
   (4)  identification and signature(s) of the Principal Instructor and other person(s) responsible for monitoring the course and students.

16.6 Third party sponsors.

   (a)  Only Principal Instructors or Instructors designated by the Principal Instructor and approved by the Executive Director may contract with a third party sponsor to offer a continuing education course.
   (b)  Time committed to product or service promotion shall not be considered instructional time.
   (c)  Students must be notified in advance of the time during which the third party sponsor will be presenting product or service promotion to the class. Attendance will be neither monitored nor required during that time by this subchapter.
   (d)  Third party sponsors must sign a statement affirming that their sponsorship of the course is not in violation of RESPA. This statement must accompany the monitoring plan filed with the Commission.
   (e)  The Principal Instructor should obtain the signature of an authorized representative of the third party sponsor on the monitoring plan filed with the Commission.

16.7 Distance education.

   (a) Schools offering distance education must also offer classroom courses in Arkansas.
   (b) Distance education instructors must meet the requirements listed under Regulation 16.1.
   (c) Distance education instructors must hold the ARELLO® Certified Distance Education Instructor (CDEI) designation.
   (d) For every distance education course, the instructor associated with the course must actively interact with the students completing the course.
   (e)  All distance education courses must be ARELLO® certified unless the course content is developed by and the delivery method(s) is approved by the Commission.
   (f)  In any distance education course, the student must attest that they personally completed the coursework.

16.8 Course requirements.

   (a)  All real estate education courses shall be conducted in a facility that provides an appropriate learning environment. At a minimum, the classroom shall:
   (1)  be of sufficient size to comfortably accommodate all enrolled students;
   (2)  be adequately equipped with student desks, worktables with chairs or other seating having a writing surface and arranged so that the writing surface is in front of students allowing students to have an unobstructed view of the Instructor and opportunities for interaction;
   (3)  have adequate light, heat, cooling, ventilation and public address equipment; and
   (4)  be free of distractions that disrupt class sessions.
   (b)  All real estate education courses shall require one hundred percent (100%) attendance for satisfactory completion. Activities of a non-participatory nature shall not qualify as attendance. Therefore, a student’s physical presence in the classroom does not, in and of itself, establish satisfactory completion.
   (c)  It is the duty of the Principal Instructor or Administrator to immediately notify the Commission in writing of any student or real estate licensee who petitions any person associated with a licensed School or Association to falsify course attendance or completion.
   (d)  Make-up policies filed with the Commission will set forth provisions for student absences and tardiness with corresponding methods for making up any course content or assignments missed.
   (e)  A school shall issue a certificate of completion to a student who has paid the appropriate fees and complied with all attendance and make-up policy requirements for satisfactory completion of the course.
   (f)  Notwithstanding Regulation 16.7(e), nothing in this subchapter shall require an Instructor, a School or an Association to issue a certificate of completion to an individual student who, in the Instructor’s opinion, has not satisfactorily completed the course.
   (g)  The Commission shall annually establish subject matter topics acceptable for continuing education courses.
   (h)  For any topic required by the Commission under § 17-42-514(a)(2), the Commission may establish additional parameters governing course content and delivery.
   (i)  All post-license education and broker pre-license education must include learning objectives established by the Commission.

16.9 Felony reporting requirements.

   (a)  All real estate Instructors and Administrators of licensed Associations must comply with the requirements set forth in Regulation 10.16(a) and (b).
   (b)  An applicant for a real estate instructor license who has been convicted of or pleaded guilty or nolo contendere to any crime other than a traffic violation or who, after the initiation of an investigation, hearing or other administrative action has surrendered or has had a professional, vocational or occupational license, permit, certification or registration denied, revoked, suspended or canceled or who has been subjected to any sanctions, including probation, involving such a license, permit, certification or registration shall furnish the written report referred to in Regulation 10.16(a) or (b) to the Commission at the time the application is submitted.

16.10 Maintenance of records; school or association closings.

   (a)  Each Principal Instructor, school owner or Administrator must maintain complete records of all real estate education business handled by that school or association; for example, enrollment forms, attendance records, certificates of completion, etc.
   (b)  All records shall be maintained by the Principal Instructor or Administrator for three (3) years or such time as may be required by law, whichever is greater, and shall be open to inspection by and made available to the staff of the Commission at the school or association’s location or other location designated by the Commission. All records required by this regulation may be maintained in an electronic form, provided that a copy of the records can be produced as required by this regulation.
   (c)  When a School or Association ceases to offer real estate education, the last Principal Instructor or Administrator remaining with the School or Association shall be responsible for all records of the School or Association pertaining to real estate education, and at the time the School or Association ceases to offer real estate education, the Principal Instructor or Administrator shall immediately notify the Commission of the address and phone number of the place where those records are being maintained. If for any reason that Instructor or Administrator delivers custody of or responsibility for those records to another person or entity, he/she shall immediately notify the Commission of such transfer and furnish the name, address and phone number of such person or entity.
   (d)  When a School or Association closes and students have paid for education offerings not yet delivered, the Commission may arrange for completion of those students’ education through another licensed Instructor.
   (1)  The Commission may be assigned by these students all rights and claims that they may have against the School or Association involved.