Okla. Admin. Code § 605:10-5-1.1

Current through Vol. 42, No. 3, October 15, 2024

Section 605:10-5-1.1 - [Effective 11/1/2024] Approval of a post-license course

(a)Course approval. In accordance with Section 858-302 of the License Code, the Commission shall determine and approve the education content of the forty-five (45) clock hour post-license course content or its equivalent. Any person or entity seeking to conduct an approved course of study shall make application and submit documents, statements and forms as may reasonably be required by the Commission. The request shall include the following:

(1) Completed course application.

(2) Application fee of Two Hundred and Fifty Dollars ($250) for each course.

(3) An approved course syllabus encompassing the contents enumerated in 605:10-3-7 and divided by instructional periods, with the name, author and publisher of the primary textbook.

(b)Course offering requirements.

(1) An offering entity not conducting the approved course within any thirty-six (36) month period shall automatically be removed from approved status. In such event, the person and/or entity must re-apply as an original applicant.

(2) If a course of study is to be conducted in the name of a corporation, the application shall include the names and addresses of all directors and officers.

(3) An approved entity shall immediately report any changes of information in regards to the application previously filed with the Commission.

(c)Denied applications. No portion of the fees enumerated in this Section are refundable. If an instructor, entity or course application is not approved, the applicant may appeal the decision by filing a written request for a hearing before the Commission. The hearing procedure shall be that as outlined in 605:10-1-3 titled "Appeal of administrative decisions; procedures."

(d)Advertising course offerings. No person or entity sponsoring or conducting a course of study shall advertise the course as approved prior to the course receiving approval from the Commission. Further, no person or entity sponsoring or conducting a course of study shall advertise that it is endorsed, recommended or accredited by the Commission although such person or entity may indicate that a course of study has been approved by the Commission.

(e)Instructor application and approval requirements. An individual determined by the Commission to possess one or more of the following qualifications may be considered for approval as an instructor upon receipt of an application and evidence of education and/or experience. Each application must be accompanied by a Two Hundred Dollar ($200.00) application fee, and documentation required for compliance necessary to verify citizenship, qualified alien status, and eligibility under the Personal Responsibility and Work Opportunity Reconciliation Act of 1996. In order to qualify, an individual must possess proof of one of the following:

(1) Possession of a bachelor's degree in a related field.

(2) Possession of a valid teaching credential or certificate from Oklahoma or another jurisdiction authorizing the holder to instruct in an applicable field of instruction at the entity.

(3) Five (5) years full-time experience out of the previous ten (10) years in a profession, trade, or technical occupation in the applicable field of instruction.

(4) An individual determined by the Commission to possess a combination of education and/or experience in a field related to that in which the person is to instruct, which constitutes an equivalent to one or more of the qualifications in (1), (2) or (3) of subsection (e) of this section.

(f)Instructor renewal requirements. Commission approval of instructors shall expire thirty-six (36) months following issuance of approval. In order to maintain approved status, an instructor shall file an electronic application for renewal of approval immediately preceding expiration of approval and must complete the following:

(1) Submit a One Hundred Dollar ($100.00) renewal fee to the Commission; and either

(A) Successfully complete an Instructor Development Workshop provided by the Commission annually; or

(B) Successfully complete a Code and Rule Update Class provided by the Commission bi-annually; or

(C) Successfully pass the applicable sales or broker examination with a score of 80% or more.

(2) The Commission shall publish (i) Instructor Development Workshop and (ii) Code and Rule Update Class dates on the Commission's website.

(g)Guest instructors. Guest instructors may be utilized provided an approved instructor is also present during presentations. Total guest instruction and lectures shall not consume more than thirty percent (30%) of the total course time.

(h)Instructor and entity requirements.

(1)Instructor must be present. An approved instructor must be present in the same room during all in-person course instruction for students to receive credit toward course completion.

(2)Retention of records. An instructor/entity shall maintain enrollment records and roll sheets which include number of hours completed by each student for a period of five (5) years.

(3)Course completion certificate. Each individual successfully completing a course of study approved by the Commission shall be furnished a certificate certifying completion. The Commission shall accept from a college or university a certified transcript or a course completion certificate as prescribed by the Commission.

(4)Course notification to Commission. An entity conducting an approved post-license education offering shall, within seven (7) days of the completion thereof, successfully submit to the Commission the list of name(s), license number(s) and other personal identifiers of those licensees who have successfully completed said offering. The information shall be submitted to the Commission by way of electronic format as required by the Commission, along with other information which may reasonably be required.

(5)Commission authorized to audit and inspect records. A duly authorized designee of the Commission may audit any offering and/or inspect the records of the entity at any time during its presentation or during reasonable office hours or the entity may be required to provide the records to the Commission.

(6)Clock hours and breaks. No more than one clock hour may be registered within any one sixty (60) minute period and no more than ten (10) minutes of each hour shall be utilized for breaks.

(i)Facility requirements. The offering entity shall ensure that all classroom facilities have adequate lighting, seating space and technology to meet the needs of the student. The classroom area shall be free of distractions and noise.

(j)Disciplinary action. An approved course of study, director, and/or instructor may be withdrawn or disciplined as outlined in Title 59, O.S., Section 858-208, paragraph 6 either on a complaint filed by an interested person or the Commission's own motion, for the following reasons, but only after a hearing before the Commission and/or a Hearing Examiner appointed by the Commission:

(1) In the event the real estate license of a director is suspended or revoked, the course of study shall automatically be revoked.

(2) In the event the real estate license of an instructor is suspended or revoked.

(3) Failure to comply with any portion of the Code or the rules of this Chapter.

(4) Falsification of records and/or application(s) filed with the Commission.

(5) False and/or misleading advertisement.

(6) Any other improper conduct or activity of the director, instructor, or entity the Commission determines to be unacceptable.

(k)Post-license Course Renewal Requirements. Commission approval of post-license courses shall expire thirty-six (36) months following issuance of approval. In order to maintain approved status, an education provider shall file an electronic application for renewal of approval immediately preceding expiration of approval and must submit to the Commission:

(1) All proposed course material; and

(2) A Fifty Dollar ($50.00) renewal fee

Okla. Admin. Code § 605:10-5-1.1

Added at 14 Ok Reg 3031, eff 7-11-97; Amended at 15 Ok Reg 3322, eff 7-13-98; Amended at 16 Ok Reg 394, eff 1-1-99 (emergency); Amended at 16 Ok Reg 2561, eff 7-1-99; Amended at 18 Ok Reg 1759, eff 7-1-01; Amended at 19 Ok Reg 2410, eff 7-1-02; Amended at 22 Ok Reg 2177, eff 7-1-05; Amended at 24 Ok Reg 2321, eff 7-1-07; Amended at 27 Ok Reg 1940, eff 7-1-10; Amended at 28 Ok Reg 1812, eff 7-1-11; Amended at 29 Ok Reg 1402, eff 7-1-12; Amended at 30 Ok Reg 2050, eff 11-1-13

Amended by Oklahoma Register, Volume 31, Issue 24, September 2, 2014, eff. 9/12/2014

Amended by Oklahoma Register, Volume 38, Issue 23, August 16, 2021, eff. 11/1/2021

Amended by Oklahoma Register, Volume 41, Issue 22, August 1, 2024, eff. 11/1/2024