Current through Register Vol. XLI, No. 50, December 13, 2024
Section 174-3-3 - Real estate courses, course providers and instructors3.1. Approval by Commission. -- Unless exempted by statute, all real estate courses, course providers and instructors must be approved by and registered with the Commission prior to advertising or offering pre-license or continuing education courses, although a provider may advertise a course submitted for approval prior to approval by including a plain, visible statement that the course has not yet been approved by the Commission. Applications for approval shall be on forms prescribed by the Commission and through a process prescribed by the Commission. The required approval fees, set forth in Series 2 of these rules, must be submitted with the application. Application fees are non-refundable. Post-secondary education institutions are approved education providers and must go through a modified approval process prescribed by the Commission.3.2. Renewal; failure to renew. 3.2.a. To remain active, all course, course provider, and instructor approvals shall be renewed on an annual basis. Such renewal shall be on forms and through a process as prescribed by the Commission. The required, non-refundable, renewal application fee, set forth in Series 2 of these rules, must be submitted with the application.3.2.b. All pre-license course, course provider, and instructor approvals shall be renewed no later than December 31 of each calendar year. Real estate pre-license courses which have not been renewed by this deadline may no longer be offered. Real estate pre-license course providers and instructors, who have not renewed by this deadline, may no longer offer or teach pre-license real estate courses. Any real estate pre-license course, course provider or instructor not renewed by this deadline will need to be approved following the process set out in 3.1 of this rule. Approved and renewed instructors may not teach under a pre-license provider who has not renewed.3.2.c. All continuing education course, course provider, and instructor approvals shall be renewed no later than June 30 of each fiscal year. The Commission, by policy, may add a grace period and late fee for renewal after June 30. Real estate continuing education courses, which have not been renewed by this deadline, may no longer be offered. Real estate continuing education course providers and instructors, who have not renewed by this deadline, may no longer offer or teach continuing education courses. Any real estate continuing education course, course provider or instructor not renewed by this deadline will need to be approved following the process set out in 3.1 of this rule. Approved and renewed instructors may not teach under a continuing education provider who has not renewed.3.2.d. To be eligible to renew, all pre-license and continuing education instructors shall complete annual instructor development workshops when offered by the Commission, unless the attendance is waived by the Commission.3.3. Out-of-state providers. -- Out-of-state education providers must register with the West Virginia Secretary of State prior to offering any education services in the State and take all other necessary steps to legally conduct business in West Virginia prior to their application with the Commission.3.4. Pre-License education. 3.4.a. The ninety hours (six college credit hours) course prescribed for applicants for a salesperson's license shall consist of: 30 clock hours -- Real Estate Principles and Practice
20 clock hours -- Real Estate Law
20 clock hours -- Real Estate Finance
20 clock hours -- Real Estate Appraisal
3.4.b. The additional ninety hours (six college credit hours) course prescribed for applicants for a broker's license shall consist of: 30 clock hours -- Brokerage Operation and Management
25 clock hours -- Human Resources Management and Interpersonal Skills
35 clock hours -- West Virginia-Specific Real Estate for Brokers
3.4.c. In order to sit for the real estate examination, the applicant must score 70% or higher in each subject area.3.4.d. After a student has successfully completed an approved pre-license education course, the approved provider shall supply the student with a certificate of course completion which certifies the student's name and address, 90% attendance but for absences excused in accordance with Commission policy, the course completion date, the number of hours in each subject area, and the score of 70% or higher.3.4.e. All approved providers shall maintain records indicating the students who have registered for each course, the completion date of the course and the final results of their attendance. These records must be maintained for a minimum period of five (5) years and are subject to inspection by the Commission or its authorized representative. On December 31 of each year, every approved education provider shall compile a list of the students completing each class during the previous calendar year and submit the information to the Real Estate Commission's digital education tracking system or on a form prescribed by the Commission prior to January 31 of the succeeding year.3.4.f. The Commission will accept pre-license education courses approved by the real estate regulatory agency of any other licensing jurisdiction in meeting West Virginia pre-license education requirements if the jurisdiction offers the same privilege to West Virginia. The Commission will not give credit for classroom hours earned in excess of the number of hours awarded by the other jurisdiction.3.4.g. The Commission will prepare and supply a suggested course outline of the material to be taught in the pre-license courses and will supply supplemental material when the Commission deems it necessary. In addition, the Commission may recommend suggested textbooks to be used in the courses.3.5. Continuing education. 3.5.a. Guidelines. 3.5.a.1. All continuing education courses shall cover real estate subjects which the Commission finds relevant to fulfilling the statutory duty or best practices of licensees, and contribute directly to the professional competence of the individual.3.5.a.2 Course content and all course materials should be developed by qualified individuals for use with specified teaching methods. 3.5.a.3. Program content must be current. 3.5.b. Approved providers shall make application to the Commission for approval of every continuing education course. The application shall be accompanied by a copy of all course materials proposed to be used in the course, a copy of any proposed advertisements, and any other information that may be required by the Commission.3.5.c. The minimum length of a continuing education course will be three (3) hours with each hour equaling fifty (50) minutes of instruction. The Commission shall determine the amount of credit to be awarded for each course.3.5.d. The Commission may approve courses that deal with real estate related subjects, including but not limited to real estate law, agency, ethics, civil rights, equal opportunity, appraisal, contract law, finance, and principal/agent relationships.3.5.e. When approved instructional elements (videos, interactive exercises, external links, assessments, etc) are used, the instructor must be present at all times while class is in session.3.5.f. Instructors of continuing education courses who are also licensees_may obtain credit toward the continuing education requirement in the same amount as the number of hours awarded to the students but only for the first time the course is taught. No continuing education credit shall be given for subsequent teaching of the same course.3.5.g. Each approved education provider approved to offer continuing education courses shall maintain records indicating the student's name and address, the completion date of the course, the course title, and the number of hours awarded. These records must be maintained for a minimum period of five (5) years and shall be open to inspection by the Commission or its authorized representative. Each approved provider shall annually report to the Commission's digital continuing education tracking system or on a form prescribed by the Commission a comprehensive list of all students who have completed a course in continuing education at their institution during the fiscal year July 1 through June 30 no later than July 15 of the succeeding fiscal year.3.6. Distance education.3.6.a. Real estate pre-license and continuing education may be offered through distance education formats. Real estate courses offered through distance education must be well-structured and allow monitoring.3.6.b. All distance education courses of both the primary and the secondary provider shall be approved by the Commission in accordance with such policy as shall be adopted by the Commission.3.6.c. The design and delivery of each distance learning course shall be certified by the Association of Real Estate License Law Officials or by another institution whose certification standards are deemed equivalent by the Commission. The credit hours for a certified distance learning course shall be based upon the same number of hours that would be credited for an equivalent live course and must include a commission-approved comprehensive assessment.3.6.d. Each distance education course must contain a comprehensive final exam that includes a sufficient number of questions to assure the student has a thorough knowledge of the course material.3.6.e. The minimum passing score on the final comprehensive examination shall be 70%.3.7. Instructors of Pre-license and Continuing Education Courses.3.7.a. The approval requirement set forth in 3.1. of this rule shall not apply to any guest speaker or to any professor of a post-secondary educational institution teaching real estate or related college courses.3.7.b. An instructor will be approved by the Commission only if he or she:3.7.b.1. Is an attorney at law with a minimum of five (5) years of active practice in the area of study he or she proposes to teach;3.7.b.2. Holds a degree in real estate from an accredited college or university;3.7.b.3. Is a licensed real estate broker, associate broker, or salesperson with a minimum of five (5) years experience in the area of study he or she proposes to teach;3.7.b.4. Holds a degree from an accredited college or university and has at least (2) years of teaching experience and possesses a minimum of two hundred (200) classroom hours in the area of study he or she proposes to teach; or3.7.b.5. Has a minimum of five (5) years of professional or teaching experience in the area of study he or she proposes to teach.3.8. Instructors of distance education courses shall obtain Distance Education Instructor Certification from IDECC (International Distance Education Certification Center) prior to their application for approval by the Commission and must submit verification of the certification.3.9. All approved pre-license and continuing education instructors shall complete annual instructor development workshops when offered by the Commission, unless the attendance is waived by the Commission or the individual is an out-of-state instructor who a) is approved by the National Association of Realtors (NAR) or b) holds a Distinguished Real Estate Instructor (DREI) designation.3.10. No product or service may be promoted or sold during a real estate pre-license or continuing education offering.