Wyo. Code R. 018-0002-5
Effective Date: 07/11/2011 to 11/07/2011
Rule Type: Expired Emergency Rules & Regulations
Reference Number: 018.0002.5.07112011
'Emergency rules are no longer in effect 120 days after filing with the Secretary of State.'
(a) Licenses expire at midnight December 31. Those licensees who fail to renew by the December 31 deadline shall have an additional 60 days to renew by paying a $75 late renewal fee in addition to the fee required for renewal. All applications for renewal shall be postmarked on or before December 31 or within the 60-day grace period ending on or before March 1. Licenses not renewed by December 31 lapse and the licensee shall not perform or engage in real estate activity until renewed.
(b) All licensees are required to complete and show proof of at least forty-five (45) hours of continuing education during each three (3) year renewal period. Twenty-four (24) hours of continuing education hours must be obtained through satisfactory completion of specific courses selected by the commission and posted on the commission web site as 'required courses'. The remaining hours may be obtained through satisfactory completion of other 'elective' courses approved by the commission.
(i) An inactive licensee will not have to furnish proof of continuing education until such time as licensee requests the activation of an inactive license.
(ii) Licensed individuals instructing commission approved courses may submit said class for continuing education hours toward their renewal.
(iii) Licensees may submit the following courses physically attended in another state for 'elective' continuing education:
(A) Any course in real estate, or a directly related area, approved by the commission or by any real estate regulatory body in any state or province or having a current ARELLO certification which is not less than three (3) clock hours.
(B) Any course in real estate, or a directly related area, offered by any institution accredited by a regional accrediting agency which is recognized by the Office of Education of the United States Department of Health, Education and Welfare.
(iv) Distance education and online courses must have been approved by the Commission.
(c) A responsible broker who renews a license which expires in 2012 or thereafter is required to complete a commission approved broker management course during each licensing period in addition to the continuing education required in section 1 (b) above.
(i) An approved broker management course must be:
(A) Rated an eight (8) hour course
(B) Cover the learning objectives, posted on the commission website.
(C) Meet all other requirements of this chapter.
(d) An approved broker management course can be used for continuing education credit by licensees not using it as a requirement for becoming a responsible broker or renewing a responsible broker's license.
(e) Courses may not be taken for continuing education credit more than once during any renewal cycle.
(a) Prior to offering elective real estate continuing education courses, a course provider desiring course approval by the commission shall make application on forms prescribed by the commission which require information concerning course(s) offered, course outlines, examination(s), instructor(s) and pay the appropriate application fee.
(b) The following will be used in determining whether to approve a course;
(i) The course must be at least three (3) clock hours in duration;
(ii) Standards:
(A) If the course deals with real estate, or a directly related area, and it is approved by any real estate regulatory body in any state or province and has a current ARELLO certification, the course will be favorably considered.
(B) If the course deals with real estate, or a directly related area, and is offered by any institution accredited by a regional accrediting agency which is recognized by the Office of Education of the United States Department of Health, Education and Welfare, the course will be favorably considered.
(C) Courses falling into the following categories will also be considered:
(XXI) Water rights;
(XXII) Negotiation skills;
(iii) Other Topics. Upon written request, the commission may also approve any other topic that directly relates to real estate practice and that directly contributes to the accomplishment of the primary purpose of raising the standards of practice.
(c) The course provider requesting approval of a course shall apply for approval at least sixty (60) days before conducting the proposed course.
(d) A course provider which offers a course approved for continuing education shall notify the commission if there is a substantial change in the approved offering, which changes must be approved by the commission prior to implementation.
(e) Staff may approve courses which clearly meet the requirements of Chapter 5, Section 2(b).
(f) Distance education courses must be certified by the Association of Real Estate License Law Officials (ARELLO) or be specifically approved by the commission (i.e., commission owned distance education courses). Proof must be supplied that the student completed the course within one year of the date of enrollment.
(g) Elective continuing education course approval expires two (2) years from the date of approval
(h) A Wyoming Real Estate commission member may monitor any class and the course fee will be waived. That member will not receive continuing education credit for attending such class.
(j) If the commission determines a course of study previously approved no longer meets the prescribed standards, a written notice of withdrawal of approval shall be given stating the reasons for the withdrawal. The withdrawal becomes effective twenty (20) days from the date of notice unless the person or entity giving the course files a written request for a hearing with the commission before the withdrawal becomes effective. If a request for a hearing is filed, the withdrawal of approval will not become effective unless ordered by the commission within (90) days after the hearing.
(k) The commission must be notified of each offering, to include date, place, and time.
(m) The course location must meet ADA requirements.
(n) Records of attendance and course evaluation forms must be submitted to the commission by the course provider within ten (10) days after the course and maintained by the course provider for five (5) years and must indicate:
(i) The name of each participant
(ii) The hours and dates each licensee attended the course.
(iii) The title and description of the course attended.
(iv) The name of the instructor
(o) The course provider must certify that the licensee attended at least 90 percent of the approved course hours of instruction.
(i) Should an approved instructor feel that a student is disrupting the class, he, at his discretion, may ask the student to leave.
(p) Actual clock hours are required to award credit to a student. No credit will be given for only taking an examination.
(q) A course evaluation form must be provided to each participant at the end of each course for submission to the commission.
(r) The course provider must agree to participate in the commission's education electronic tracking system and enter information within ten (10) days of the offering.
(s) A clock hour is at least 50 minutes of instructional time per hour.
(a) Those who instruct a commission approved education course shall meet at least one of the following qualifications, unless granted a special exception by the commission:
(i) Completion of an instructor training certification course of not less than four (4) hours within the last three (3) years.
(ii) Five (5) years of current experience in the subject instructed;
(b) Those who instruct required continuing education courses or commission developed courses shall agree to the conditions stated in (a) above and below unless granted a special exception by the commission:
(i) Participate in the maintenance and updating of the required course or commission developed courses as needed;
(ii) Achieve favorable evaluations following a commission audit of the instructor teaching the required or commission developed course;
(iii) Agree that discipline of an instructor's real estate license may be a basis for denial or suspension of that instructor's approval.
(iv) Agree any new material an instructor wants to teach must first be approved by the commission and, if approved, the material will be disbursed by the commission staff to all approved instructors to be included in the course outline.
(A) The commission may continue to provide recent consent orders for instructors to utilize at the instructors discretion.
(v) A pre-license instructor may take the salesman license exam only once every two years.
(c) Instructors shall not promote products during instructional hours. This includes specific verbal reference, print media or product display in the course delivery area.
(d) Instructors must audit a commission developed course prior to obtaining approval to instruct said course or obtain special permission from the commission.
(e) Printed handouts of commission sponsored courses will be provided to instructors. If the instructor chooses to expand the course outline, the additional information must be approved by the commission, and the instructor will have to bear the costs of printing the new handouts.