1. 02 DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION

   039 REAL ESTATE COMMISSION

   Chapter 370: CONTINUING EDUCATION

SUMMARY: This rule sets forth guidelines for review and approval of continuing education courses and sets forth limitations on clock hours which will be accepted for credit toward continuing education requirements for license renewal.

1. SECTION 1. Generally

   In reviewing and approving a course application, the Director shall consider:

   1. 1. Course content as it contributes to the ability of the licensee to serve and meet the needs of their clients and customers;
   2. 2. Course content as it assists a licensee to keep informed concerning real estate laws, regulations, and practices; and
   3. 3. Geographic availability to licensees.

   SECTION 2. Definitions

   1. 1. Asynchronous Distance Education. A continuing education course where the instructor and students engage with course content at different times and from different locations.
   2. 2. Continuing Education Course. Continuing education course shall be defined as a planned learning experience of at least one (1) hour of instruction time not including quizzes or exams, designed to promote development of knowledge, skills, and attitudes pertaining to real estate brokerage as that term is defined in Title 32, Chapter 114 of the Maine Revised Statutes.
   3. 3. Continuing Education Course Instructor. A continuing education course instructor shall be defined as an individual appointed to impart knowledge or information to licensees participating in a continuing education course.
   4. 4. Continuing Education Course Provider. A real estate continuing education course provider shall be defined as an individual, group of individuals, or organization responsible for the development, coordination, administration and delivery of a continuing education course.
   5. 5. Core Course. The core course shall be defined as a mandatory three (3) clock hour course which follows a Commission-prescribed curriculum.
   6. 6. Synchronous Distance Education. A continuing education course offered via electronics means with real time visual and audio interaction between instructor and student.

   SECTION 3. Continuing Education Course Criteria

   1. 1. Subject Matter. Consistent with 32 M.R.S. § 13197(2), the following real estate related topics shall be acceptable subject matter for continuing education courses:
      1. A. Property valuation;
      2. B. Construction;
      3. C. Contract and agency law;
      4. D. Financing and investments;
      5. E. Land use, planning, zoning and other public limitations on ownership;
      6. F. Landlord-tenant relationships;
      7. G. License laws, rules and standards of professional practice;
      8. H. Taxation;
      9. I. Timeshares, condominiums and cooperatives;
      10. J. Staff supervision and training;
      11. K. Office management;
      12. L. Brokerage-related technologies;
      13. M. Diversity, Equity, Inclusion and Fair Housing; and
      14. N. Any additional topic which is approved by the Director.
2. 2. Accepted Modes of Continuing Education Course Delivery

1. Live In-Person Classroom Education

1. A continuing education course may be presented in a live, in-person format.

1. Distance Education

1. A continuing education course may be presented through distance education, so long as it meets the following criteria:

1. Synchronous Distance Education. Synchronous distance education may be approved if the instructor or proctor can continuously view all participating students on their monitor or other viewing device or screen, or otherwise demonstrate to the Commission’s satisfaction the capability to track and record the presence and participation of students.
2. Asynchronous Distance Education. Asynchronous distance education may be approved if it includes a comprehensive examination to be completed by the licensee before a grade or credit may be awarded. A copy of the examination must accompany the application for course approval.

1. SECTION 4. Continuing Education Course Applications
   1. 1. Applications. An application for course approval adopted by the Commission shall be furnished by the Director. An application for live in-person classroom education may also seek approval to deliver the same course via synchronous distance education without submitting a separate application. The application shall be accompanied by the application fee, and at a minimum require the following information:
      1. A. Name and contact information for the real estate continuing education provider;

B. The mode of delivery of the course;

1. C. The qualifications of the real estate continuing education instructor to teach the curriculum, including a resumé;
2. D. A description of the content and methodology of the course;
3. E. A timed outline and, as applicable, a copy of the instructor manual;
4. F. A statement of learning objectives;
5. G. Assessment of learning objectives; and
   1. H. A description of what participants need for successful completion of the course.
   2. 2. Continuing Education Course Approval. The Director, within thirty (30) days of receipt of a complete application, shall notify the real estate continuing education provider, in writing, of the terms and duration of the approval or the reasons for denial.
   3. 3. Reporting Course Changes. A change in the submitted or approved real estate continuing education course application shall be reported to the Director. A change in content or instruction shall be reviewed and evaluated in advance of the scheduled course, and the Director’s decision to approve or deny the change will be communicated in writing.

SECTION 5. Course Completion, Evaluation and Renewal

1. Course Completion. The real estate continuing education provider, following course delivery, shall issue a certificate of course completion to each licensee successfully completing the course and prepare a roster of licensees successfully completing the course. The sponsor shall retain the roster of licensees completing the course. The course provider shall retain the roster of licensees completing the course for a period of not less than four (4) years.
2. Evaluation. A course evaluation shall be required, and the results shall be made available to the Director upon request. An evaluation form may be obtained from the Director. A summary of student evaluations shall be submitted when an application for renewal approval is submitted by a provider.

1. 3.. Course Renewal Application. A renewal application adopted by the Commission for course approval shall be furnished by the Director. This renewal application shall be accompanied by the renewal application fee and at a minimum require the following information:

1. Name and contact information for the real estate continuing education provider;
2. The mode of delivery of the course;

1. C. Name and contact information for real estate continuing education instructor;
   1. D. Timed outline and instructor manual (if applicable);
      1. E. Title of the continuing education course;
      2. F. Course approval number;
      3. G. List of dates, times, and locations course was held;
      4. H. List of future dates, times, and locations;
      5. I. Statement by real estate continuing education provider on the extent to which the identified learning objectives were met;
      6. J. Description of any changes implemented to ensure that the learning objectives will be met in the future; and
      7. K. Summary of student evaluations.
   2. 4. Approval Expiration. Course providers who promote and conduct continuing education courses as approved after the course approval has expired may be subject to suspension or revocation of approval of additional continuing education courses.

      SECTION 6. Course Advertisement

   Course providers shall not conduct classes for which students expect to receive continuing education credit prior to receiving written approval from the Director. An advertisement for a course shall include the following:

   1. 1. A course description sufficient to identify the subject matter to be covered;
   2. 2. Identification of course provider; and
   3. 3. Notice indicating whether the course has been approved by the Director for continuing education or is pending approval and the number of clock hours to be received upon satisfactory completion of the course.

   SECTION 7. Advance Notice to Course Participants

   Upon commencement of each course, participants shall be informed of the following:

   "This course has been approved by the Director of the Real Estate Commission for [fill in the number of hours] clock hours toward fulfillment of the educational requirements for renewal of a real estate license.”

   "The Commission is interested in the quality and delivery of continuing education courses which are offered to licensees and, therefore, welcomes and encourages comments regarding course subject matter and quality of the delivery of the course."

   SECTION 8. Clock Hours Qualifying for License Renewal or Reactivation

1. As a prerequisite of renewal of a license, applicants must complete twenty-one (21) clock hours of continuing education courses prior to the date of application. Three (3) of those clock hours must consist of the core course approved by the Commission, and the remaining eighteen (18) hours may consist of any combination of other approved continuing education courses that otherwise meet the criteria set forth in this chapter.

1. 2. A licensee shall complete a real estate continuing education course in its entirety in order to be eligible for continuing education credit.
   1. 3. A licensee, for purposes of renewal or reactivation, shall use only those clock hours which were accumulated during the preceding two (2) years. Course completion certificates may only be submitted once for the purpose of a license renewal.
   2. 4. An instructor who teaches an approved course may receive clock hour approval for that course once per license renewal period.
   3. 5. Licensees who wish to use an asynchronous continuing education distance education course to activate or renew a real estate license must complete the course with a minimum grade of 85%.

      SECTION 9. Approval of Individual Requests for Real Estate Continuing Education Courses Without Pre-Approval

   The Director shall consider, on an individual basis, a request by a licensee for approval of a course for which the provider did not seek approval, but in which the licensee participated. Approval of such a request shall be subject to the course meeting the standards and criteria required by the Director for other real estate continuing educational programs. The licensee shall be responsible for submitting to the Director a completed course application and fee.

   1. SECTION 10. Revocation or Suspension of the Approval of a Real Estate Continuing

Education Course

1. The Director may revoke or suspend their approval of a real estate continuing education course based upon a violation of this chapter. The course provider may appeal the Director’s decision to revoke or suspend approval by requesting a hearing in accordance with Chapter 350, Section 7 of Commission rules.

   STATUTORY AUTHORITY: 32 M.R.S. §§ 13065, 13069, 13194, 13197

   EFFECTIVE DATE:

   AMENDED:

   October 1, 1992 - Sections 2, 3, 4, 7 & 10

   April 1, 1994 - Section 4

   April 1, 1994 - Section 8

   EFFECTIVE DATE (ELECTRONIC CONVERSION):

   October 22, 1996

   AMENDED:

   August 5, 2002 - Sections 2(D), 3(B), 4(B, G), 7(B, E), and consequent renumbering.

   APAO ACCESSIBILITY CHECK: October 17, 2025 (no issues detected)

   REPEALED AND REPLACED:

   October 26, 2025 – filing 2025-208