Chapter 520-2 STANDARDS FOR REAL ESTATE COURSES
The purpose of this Chapter is to delineate the rules and
regulations that the Georgia Real Estate Commission will follow in approving
and regulating all real estate schools, instructors, and courses as provided
for by O.C.G.A. Section
43-40-8.
| (1) |
Timetable for Approval. The Commission shall approve, disapprove,
or request additional data on any application for a school approval within
sixty days of the receipt of a complete application meeting the requirements of
Rule 520-1-.04(4) and
containing the data required by this Rule. The Commission shall deem an
application abandoned if the applicant fails to respond to a request for
additional or revised data within one hundred twenty days after the Commission
has sent such a request to the address of the applicant listed on the
application. In the event an application is abandoned, a new application and
fee will be required to reinstate the application. The Commission, in its
discretion, may elect not to process an incomplete application as defined by
Rule 520-1-.04(4) unless
and until all the requirements of that paragraph are met. |
| (2) |
Application Requirements for
Approval. Applicants for school approval must file with the Commission
an application and a fee as provided by Rule
520-1-.04. The application must set
forth in terms acceptable to the Commission the following:
| (a) |
Identification. The name and address of
the school, the name of the school director and the school coordinator as well
as any other identifying criteria that the Commission may require. The school
director and/or coordinator shall be responsible for certifying student
completion of all courses covered under this Chapter. |
| (b) |
Records Management. A detailed proposal
of records management for retaining for at least five years records of student
attendance, the scores earned by all students on all graded exercises and
examinations, and any student certifications required by this
Chapter; |
| (c) |
Nonpublic
Postsecondary Education Certificate. If the applicant is subject to the
Nonpublic Postsecondary Educational Institutions Act of 1990, O.C.G.A. § 20-3-250.1 et. seq., a copy of the
current certificate issued by the Nonpublic Postsecondary Education
Commission; |
| (d) |
School Directors
and Owners. The name and address of the owner if the school is a sole
proprietorship, the names and addresses of the partners if the school is a
partnership, the names and addresses of the members if the school is a limited
liability company (if a member is a corporation, the names and addresses of the
officers of the corporation member), and the names and addresses of each
officer if the school is a corporation. |
| (e) |
Attendance Make-up Policy. Any make-up
policy regarding attendance that the school has adopted; |
| (f) |
Entrance Qualifications. A list of any
entrance qualifications for students; |
| (g) |
Media Equipment. A statement that the
school can make available to its students materials the Commission may require
for use in a particular course or courses and that it has video or audio
equipment available to present Commission required material; |
| (h) |
Learning Environment. A statement that
the school will conduct in-class courses in environments that are appropriate
for learning; |
| (i) |
Electronic
Registration and Transmission Capability. A statement that the school has the
capability to follow Commission authorized procedures for (1) electronically
registering its students for qualifying examinations with the Commission's
approved vendor, (2) to communicate electronically any required student course
completion information to that vendor, and (3) to communicate electronically
any required student course completion information to the Commission. |
| (j) |
Compliance with the Americans with
Disabilities Act (ADA). A statement that the school will comply with all
relevant provisions of the Americans with Disabilities Act (ADA). |
| (k) |
Nondiscrimination. A statement that the
school will not discriminate in its fees, enrollment, or completion policies on
the basis of race, color, sex, religion, national origin, familial status, or
handicap; |
| (l) |
Course Outlines. A
detailed outline(s) of course(s) to be offered with hours to be spent on each
subject area to be covered in the course(s) and a description of all planned
in-class and homework exercises; |
| (m) |
Bibliography. A bibliography of all texts
and reference materials for use in the course(s); |
| (n) |
Student Evaluations. A comprehensive
description of the measures and standards the school will employ to evaluate
student performance in order to determine whether a student successfully
completes a course. |
| (o) |
Learning
Objectives. A description of the learning objectives for each instructional
hour of the course(s). A learning objective is part of the overall goal of the
course. An objective states, in measurable terms, what the student should be
able to do, explain, or demonstrate upon mastery of the content of each hour of
instruction; |
| (p) |
Instructors. A
list of all proposed instructors; |
| (q) |
Course Schedule. A list of the course(s)
for which the school seeks approval; and |
| (r) |
Notice to Students. A copy of the Notice
to Students required by this Rule. |
|
| (3) |
Renewal of Approval. In
order to renew any school approval, the Commission must receive an application
from the school requesting renewal prior to the expiration of the current
approval. The application requesting renewal must be on a form authorized by
the Commission and accompanied by the required renewal fee established in Rule
520-1-.04(1). |
| (4) |
Minimum Standards for Students.
Approved schools must adopt and enforce standards for students that at
least meet the minimums described in this Rule.
| (a) |
Attendance. In order for a school to
certify a student as passing a course, the student must attend all of the
required number of hours of in-class instruction for which the school offers
the course. |
| (b) |
Required Exercises
and Examinations. In order for a school to certify a student as passing a
course, the student must complete and pass all graded exercises and/or
examinations required by the school. |
| (c) |
Makeup Policy. A school director may
establish a makeup policy for students who are unable to attend all the
scheduled hours of instruction required for a course. Such makeup may allow a
student who misses one or more sessions of a course to makeup those sessions by
attending similar sessions of the same course. A student who enrolls in a
school which offers the seventy-five hour salesperson's prelicense qualifying
course, the sixty hour broker's prelicense qualifying course, or the
twenty-five hour community association manager prelicense qualifying course in
a series of courses each of whose total number of hours is fewer than the
required seventy-five, sixty, or twenty-five hours may not transfer credit for
a course or courses completed in that series to another school unless the new
school offers the identical series of courses
Schools shall utilize no more than thirty minutes of audio or
video material toward meeting any required or make-up hours of in-class
instruction unless the Commission grants written authorization for such
material prior to its use. |
| (d) |
Certification Requirements. In order for
a school to certify a student as passing a course, the student must meet any
minimum grading and conduct standards established by this Chapter and the
school. On graded exercises and examinations for which this Chapter sets
specific requirements, the school's policy must at least equal those
requirements. [See
520-2-.04 (11) ] Other grading
standards must be in accordance with generally accepted educational standards.
Schools must publish these standards and give them to the students in a written
form at the beginning of the course. |
|
| (5) |
Notice to Students. Upon a
student's enrollment or prior to the beginning of instruction in any course,
the school shall provide that student a written Notice to Students containing
the following information about the course.
| (a) |
Approval Details. The Notice must state
that the Commission has approved the school and disclose the following:
| 1. |
its end of renewal date; |
| 2. |
the number of hours of education credit of
the course; |
| 3. |
whether the course
is an in-class course or a computer-based course or other type of distance
education course; |
| 4. |
whether the
course meets prelicense, postlicense, or continuing education credit;
and |
| 5. |
if the course is a
prerequisite for licensure as a community association manager salesperson or
broker, whether it satisfies all or part of the hours required for that
license, and if only a part of those hours, how many hours it meets and what
other course(s) the student must complete to fulfill all of the
requirements. |
|
| (b) |
Instructors. The Notice must list the instructors who will teach the
course(s). |
| (c) |
Grading and
Certification Policy. The Notice must describe the school's grading policies
for exercises, homework, examinations, and any other work on which the school
will base a student's grade. |
| (d) |
Attendance. The Notice must describe the school's attendance requirements,
including notice that the student must be on time and present for all in-class
hours in order to receive credit for the course, and a statement indicating how
students will makeup absences if the school has established a makeup
policy. |
| (e) |
Prohibition of
Recruitment Notice. The Notice must include the prohibition of recruitment
statement required by Rule
520-2-.02(10) and
outline the manner in which students must report any efforts of
recruitment; |
| (f) |
Computer-based
Courses. If the course is a computer-based course, the Notice to Students must
also include:
| 1. |
the name and address of the
approved school; |
| 2. |
the order in
which the student must submit homework assignments; |
| 3. |
a statement that the student must
personally complete all instructional modules required to demonstrate mastery
of the material and sign the certification statements required by this
Rule; |
| 4. |
a statement that the
student must successfully complete all assignments before receiving credit for
the course or before attending any required in-class instruction; and |
| 5. |
an explanation of when and where to
complete any required in-class instruction; and |
|
| (g) |
Preliminary Decisions. For Prelicense
Courses, the Notice must include a description of the Commission's Preliminary
Decision option for persons with criminal convictions. [See Substantive
Regulation
520-1-.04 (11).] |
| (h) |
Continuing Education Credit. The Notice
must include a statement that the student may not receive credit for any
continuing education course that he or she has taken within the previous
calendar year. |
| (i) |
Any other
information that the Commission may require. |
|
| (6) |
Reporting. All approved
schools must report the following information to the Commission or its
designee.
| (a) |
Changes. Schools must
immediately report to the Commission in writing changes in its
director/coordinator, its name, its phone number, or its location or mailing
address. The school must notify the Commission immediately if it terminates its
relationship with an instructor because of the instructor's violation of any
provision of this Chapter. |
| (b) |
Prelicense Student Registrations and Completions. Schools must electronically
register students for qualifying examinations with the Commission's approved
vendor and promptly communicate electronically to that vendor any required
student course completion information. |
| (c) |
Student Completions in Post License and
CE Courses. Schools must communicate electronically to the Commission all
student completion information in postlicense and continuing education courses
as directed by the Commission. |
|
| (7) |
Evaluation of Instructors.
The school coordinator/director shall be responsible for consistent and
regular evaluation of the school's instructors. The coordinator/director must
provide each student with an opportunity to make unsigned, written evaluations
of instructors. Upon receipt of a sworn written request for an investigation or
at its own discretion, the Commission may request, and the coordinator/director
shall supply additional student and coordinator/director evaluations on
specific individual instructors in question. The Commission may use these
evaluations to determine what action to take to improve the quality of
instruction. |
| (8) |
Maintenance
of Records. All approved schools must maintain for at least five years
and upon reasonable request must make available to any authorized
representative of the Commission the following documents.
| (a) |
Examinations. Schools must retain copies
of all examinations given and the answer keys for those examinations. |
| (b) |
Texts and materials. Schools must
maintain copies of all texts or other instructional materials used in
courses. |
| (c) |
Attendance. Each
school must maintain records that reflect the attendance (or for computer-based
courses the completion of each module of instruction) and scores earned by each
student on all graded, written exercises and examinations used to determine
whether the student passed a course. |
| (d) |
Instructor Resumes. Schools must maintain
resumes or other biographical information documenting such knowledge and
experience for all postlicense and continuing education instructors who have
not qualified as approved instructors under the standards of Chapter
520-2. |
| (e) |
Computer-based Courses.
For all computer-based courses, each school must maintain for at least five
years, in a form that the Commission authorizes, records that reflect the
following:
| 1. |
the student's name, the course
title, the number of hours authorized for the course, and the particular
software version of the course; |
| 2. |
a Commission authorized system of verification of the completion of each module
of instruction within the computer-based course and the date of completion of
the course; and |
| 3. |
the scores for
each student for all final examinations for those courses requiring such
examinations; |
|
|
| (9) |
Advertising. This Rule
regulates advertising whether done by an approved school, an approved
instructor, or the provider of approved courses or through any media. The term
"media" includes, but is not limited to, print, photographic, broadcast, and
computer media including, but not limited to, such examples as newspapers,
magazines, flyers, posters, radio, television, signs, newsletters, and internet
web sites.
| (a) |
Use of Commission Name. If a
school, after approval, wishes to use the name of the Georgia Real Estate
Commission in its advertising, it must indicate that the Georgia Real Estate
Commission has approved the school as meeting the requirements of Georgia laws.
Such advertising may not indicate in any fashion that the Georgia Real Estate
Commission has any interest in the school other than insuring that it complies
with the standards imposed by Georgia law. In no event can the phrase "Georgia
Real Estate Commission" appear anywhere in the advertisement in larger type
than the words and phrases preceding or following the phrase "Georgia Real
Estate Commission." |
| (b) |
Use of the
Name of a Licensed Firm. Whenever an approved school advertises that it is
offering any prelicense, postlicense or continuing education at the location of
a real estate firm or other organization that is not an approved school, the
school must include in the advertisement the school's name and school approval
number as registered with the Commission and the name of the school and the
approval number must appear in equal or greater size, prominence, and frequency
than the name of the firm or organization. Personnel of the approved school
must:
| 1. |
give students and prospective
students information concerning course offerings, except that the school may
allow other persons to distribute written information prepared by the school's
director/coordinator. Such printed information shall include no telephone
number other than the school's number and the following statement:
"This information provided by (name of school). Direct any
questions concerning this information to (name of school)." |
| 2. |
administer the registration and enrollment
of students, except that the school may allow other persons to register and
enroll students under the direction of the school's
director/coordinator. |
| 3. |
certify
the students' completion of the course; and |
| 4. |
maintain all records required by the
Commission. |
|
| (c) |
Disclosure of Type of Course. Any advertising of a course must state within the
body of the advertisement that the course is an in-class course or a
computer-based course whichever is applicable. |
| (d) |
Use of School's Passing Percentage
Statistics. An approved school may not advertise that successful completion of
its courses will assist an individual in passing either of the Commission's
licensing examinations unless it includes its passing percentage in the
advertisement in type as large as the reference to passing the examination. In
calculating and advertising its passing percentage, an approved school must
include the following information:
| 1. |
the
passing rate of its students:
| (i) |
on the
examination(s) to which the advertisement refers, |
| (ii) |
expressed as a specific percentage
(language such as "more than 80% passing" is not acceptable), |
| (iii) |
based on only first-time examinees and
so state in the advertisement, and |
| (iv) |
for the calendar year prior to the
advertisement (the school must identify the year in the
advertisement); |
|
| 2. |
whether the passing rate is for the salesperson's examination or the broker's
examination (salesperson and broker passing rates may not be
combined); |
| 3. |
the actual number of
its students taking the examination in the calendar year cited; and |
| 4. |
the actual number of its students passing
the examination during the calendar year cited.
An approved school that advertises courses that do not qualify
an individual to sit for an examination but that the school holds out to the
public as assisting an individual to pass the examination must comply with the
requirements of this paragraph in advertising those courses. |
|
|
| (10) |
Prohibition
of Recruiting. No school coordinator/director shall allow anyone to use the
school's premises or classroom to recruit new affiliates for any company one
hour before, one hour after, or during an instruction period. The school
coordinator/director shall cause the following statement to be distributed in
written materials to all students at the beginning of the course: "No recruiting for employment opportunities for any real estate
brokerage firm is allowed in this class or on the school premises. Report
promptly any effort to recruit on behalf of a brokerage firm by anyone
including a fellow student to (name of school
coordinator/director) at (phone number and/or office
location) or the Georgia Real Estate Commission." Instructors and
school coordinators/directors must promptly report to the Commission any
efforts to recruit students in violation of this paragraph. |
| (11) |
Exceptions. Schools may
request exceptions, modifications, or exemptions to the requirement of this
Chapter whenever sound educational reasons exist for such a request. Schools
must submit such requests in writing with supporting rationales and may
implement them only after receiving written authorization from the
Commission. |
| (1) |
Approved Instructors. Only instructors approved by name by the
Commission or guest instructors as provided for in paragraph (5) of this Rule
may teach Community Association Managers Prelicense, Salespersons Prelicense,
and Brokers Prelicense Courses. |
| (2) |
Timetable for Approval. The Commission shall approve, disapprove,
or request further information on all applications for instructor approval
within sixty days of the receipt of a complete application meeting the
requirements of Rule
520-1-.04 and containing the data
required by this Rule. The Commission, in its discretion, may elect not to
process an incomplete application as defined by Rule
520-1-.04(4) unless
and until all the requirements of that paragraph are met. |
| (3) |
Application Required for
Approval. Applicants for instructor approval must file with the
Commission an application and a fee as provided in Rule
520-1-.04. The applicant must sign the
application and must include the status of any real estate license held by the
applicant, a resume of the applicant's background, and the following
information:
| (a) |
Teaching Experience. A
description of the applicant's teaching experience. |
| (b) |
Formal Education. A summary of the
applicant's formal education including any degrees earned. |
| (c) |
Real Estate Education. A list of all
pre-license and continuing education courses in real estate and any college
real estate courses completed by the applicant. |
| (d) |
Real Estate Experience. A description of
the applicant's real estate experience, membership in professional real estate
associations, experience with auxiliary fields, training in real estate
brokerage and education, and specific numbers and types of brokerage
transactions in which the applicant has participated. |
| (e) |
Criminal Background Report. No more than
sixty days prior to making application, each applicant for an instructor
approval shall obtain, at the applicant's expense, and attach to the
applicant's application for approval:
| 1. |
a
certified criminal history report issued by the Georgia Crime Information
Center of the Georgia Bureau of Investigation, indicating whether the applicant
has any record of a criminal history or |
| 2. |
for applicants for approved instructor who
have not lived in Georgia, a certified criminal history report from their
resident state, province, or territory that is equivalent to the report
required in sub-paragraph (e) of this sub-section. If that report indicates
that the applicant has a record in another jurisdiction, or if the applicant is
unable to obtain a report as set forth in sub-paragraph (e) 2. of this
sub-section, the applicant must, at the applicant's expense, provide a Federal
Crime Information Center report from the Federal Bureau of
Investigation. |
|
| (f) |
Required Courses. The application must provide evidence of the applicant's
having successfully completed, within one year prior to making an application
for instructor approval, the following:
| 1. |
a
Commission approved instructor development workshop and |
| 2. |
a Salespersons Prelicense Course including
the passing of the course examination; and |
|
| (g) |
such other biographical information as
the Commission may require. |
|
| (4) |
Approval Criteria. In
approving the applicant, the Commission shall consider qualifications from
paragraph (3) above. The Commission may approve a non-resident instructor that
another jurisdiction's real estate regulatory body has approved and who can
provide evidence of having actively taught prelicense courses as an approved
instructor for at least five years. The Commission shall be the final
determinant of approval of instructors. |
| (5) |
Guest Instructors. Schools
may utilize guest instructors with expertise in particular areas in any
approved course provided a properly approved instructor is present at the time
of their presentation. Schools may, however, utilize guest instructors without
an approved instructor's being present with the prior written approval of the
Commission. |
| (6) |
Renewal of
Instructor Approval. All instructors must apply for renewal of approval
by December 31 of the year in which their approval expires. Renewal
applications must be on forms supplied the Commission and accompanied by:
| (b) |
evidence of teaching 60 instructional
hours to students in a Commission approved school during the current renewal
period; and |
| (c) |
evidence of
successfully completing 36 hours of instructor continuing education during the
current renewal period from the following:
| (1) |
a minimum of 12 hours from the
Commission's annual meetings for approved schools and instructors; |
| (2) |
course(s) that meet the requirements of
this Chapter that an approved instructor teaches; or |
| (3) |
course(s) which the Commission approvers
for instructor continuing education. |
|
| (d) |
the effective date of this amendment
shall be December 31, 2017. |
|
| (1) |
Developing and Offering Courses.
| (a) |
Purpose. The Commission intends that all
courses offered by its approved schools to meet the requirements of this
Chapter shall be educational in nature. Schools should not specifically orient
courses to the passing of state licensing examinations or other examinations.
The courses should introduce students to the language of the profession and
basic theory underlying the duties and responsibilities of real estate
licensees. They should also seek to improve licensee's skills in handling the
normal business activities of a licensee. Courses must require practice in the
skills being taught and provide a significant number of exercises for practice
of those skills. All courses should make students aware of the need for further
study and the perfection of practical skills. |
| (b) |
Course Code. An approved school may not
hold out a course as meeting the requirements of this Chapter until the course
is posted on the Commission's electronic record of the school's courses or the
school receives other written authorization from the Commission. |
|
| (2) |
Instructors. Only
instructors approved by the Commission under the standards of this Chapter may
instruct Salespersons Prelicense, Brokers Prelicense, or Community Association
Managers Prelicense courses. Only instructors with appropriate experience and
knowledge of the content areas of Salespersons Postlicense or continuing
education courses may teach these courses. |
| (3) |
Hours of Instruction. For
all courses under the requirements of this chapter, an "instructional hour"
means a period of time of at least fifty minutes of instruction or other
learning activity. In-class instruction and testing in any course shall not
exceed seven and one-half hours per day. The school shall hold all in-class
instruction between the hours of 7:00 a.m. and 10:00 p.m. with breaks totaling
at least fifteen minutes every two hours. The schedule must allow reasonable
time for preparation for each classroom session. All in-class instruction for
Brokers Prelicense course students shall be separate from all in-class
instruction for Salespersons Prelicense course students. Instructors shall
utilize no more than thirty minutes of audio or video material toward meeting
any required in-class (or makeup) hours of instruction unless the Commission
grants written authorization for such material prior to its use. |
| (4) |
Prelicense Courses.
| (a) |
Documentation Required for Offered
Courses. For each prelicense course, the approved school must maintain and make
readily available to an authorized representative of the Commission the
following documentation:
| (1) |
Course Outline.
A detailed course outline that identifies the hours to be spent on each subject
area to be covered in the course and all planned exercises that students are
required to complete. |
| (2) |
Learning
Objectives. A detailed list of learning objectives for each instructional hour
of the course. A learning objective is part of the overall goal of the course.
An objective states, in terms that are measurable, what the student should be
able to do, explain, or demonstrate upon mastery of the content of each hour of
instruction. |
| (3) |
Texts. A list of
text materials utilized in the course; |
| (4) |
Evaluation Materials. Copies of daily
tests, final examinations, or other materials used to evaluate student
performance; |
| (5) |
Student Records.
Records that identify each student and the student's attendance record and
final grade for any course; and |
| (6) |
Course Evaluations. Written summaries of student evaluations of the
courses. |
| (7) |
Ethics. Every course
offered by an approved school for prelicense credit must include acknowledgment
and coverage of the ethical implications of the subject matter of the
course. |
| (8) |
Additional Subjects.
Schools may offer units of instruction on subjects other than those required
for courses cited in this Rule only with prior written authorization from the
Commission. |
| (9) |
Reading Assignments
and Exercises. For all prelicense courses cited in this Rule, schools must
include with each instructional unit appropriate reading assignments for
completion out of class. The school shall also require that students complete
out of class extensive written exercises that the school grades. |
| (10) |
Student Certifications. Each out of
class written assignment a student submits for grading must include the
following:
I certify that I have personally completed this
assignment. __________ ___________________________ Date Student's Signature The school shall refuse to grade any out of class written
assignment on which the student does not sign this statement. |
| (11) |
An approved instructor and/or the school
coordinator/director must grade the written course work required of
students. |
|
| (b) |
Community
Association Managers Prelicense Course. A Community Association Managers
Prelicense Course must provide for a minimum of twenty five instructional
hours. Schools may not count time students spend on breaks as part of in-class
instruction time. Time students spend in taking graded exercises and tests or
final examinations may not constitute more than ten percent of in-class
instruction time. The course must cover fundamentals in the following areas:
| 1. |
property law including Georgia laws on
common interest ownership, public rights and limitations, and fair housing
laws; |
| 2. |
forms of ownership
including planned unit development (PUD), homeowner's associations,
condominiums, cooperatives, timeshares, townhouses, and master association
relationships and how to interpret community association governing
documents; |
| 3. |
contracts and
transaction documents including the content and negotiation of management
agreements, the nature and content of insurance documents, and resale
certificates; |
| 4. |
real estate
instruments and conveyances including notices, proxies, and liens and
amendments to documents and the requirements for reinstatement; |
| 5. |
law of agency including identifying and
understanding agency relationships and duties between community association
managers and association boards, members, and tenants of members; single and
dual agency; and agency disclosure; |
| 6. |
financing instruments and basic accounting
practices including principles of accounting for trust accounts, for common
interest associations, and for lender requirements for
recertification; |
| 7. |
Georgia real
estate license law; |
| 8. |
ethics in
community association management; |
| 10. |
safety precautions; and/or |
| 11. |
such other areas as the Commission may
from time to time require or authorize. |
|
| (c) |
Salespersons Prelicense Course. A
Salespersons Prelicense Course must provide for a minimum of seventy-five
instructional hours. Schools may not count time students spend on breaks as
part of the required instruction time. Time students spend in taking graded
exercises and tests or final examinations may not constitute more than ten
percent of the required instruction time. The course must cover fundamentals in
the following areas:
| 1. |
real estate contracts
including completing and presenting form real estate sales contracts with
extensive practice with problems involving new FHA, VA, and conventional loans;
loan assumptions; brokerage engagements; and leases (students must demonstrate
proficiency in completing such form contracts by passing a school developed and
administered test or by satisfying such other assessment measurements
established by the school as the Commission may authorize); |
| 2. |
real estate instruments and
conveyances; |
| 3. |
closing procedures
(RESPA) including a salesperson's responsibilities at a loan closing conducted
by someone else and an explanation of standard closing procedures and documents
used in the salesperson's services area; |
| 4. |
law of agency including agency
disclosure; |
| 5. |
pricing real
property (students must demonstrate proficiency in preparing forms which
document such pricing by passing a school developed and administered test or by
satisfying such other assessment measurements established by the school as the
Commission may authorize); |
| 6. |
real
estate financing including extensive practice in estimating costs of selling
and purchasing property and estimating monthly payments (students must
demonstrate proficiency in completing forms which document such estimates by
passing a school developed and administered test or by satisfying such other
assessment measurements established by the school as the Commission may
authorize); |
| 7. |
Georgia's
Residential Mortgage Fraud law and methods for identifying possible fraud in
transactions and properly reporting alleged fraud; |
| 8. |
community association management
activities and property management activities; |
| 11. |
city and urban development; |
| 15. |
Georgia's real estate license law;
and/or |
| 16. |
such other areas as the
Commission may from time to time require or authorize. |
|
| (d) |
Brokers Prelicense Course. A Brokers
Prelicense Course must provide for a minimum of sixty instructional hours.
Schools may not count time students spend on breaks as part of the required
instruction time. Time students spend in taking graded exercises and tests or
the final examination may not constitute more than ten percent of the required
instruction time. The Brokers Prelicense Course must review all subject areas
covered in the Salespersons Prelicense Course so that students may learn
advanced concepts in those areas. In addition, the course must include
significant components covering conducting loan closings, real estate office
management, personnel policies, trust account record keeping, discharging a
broker's responsibility for associate licensees, and/or such other areas as the
Commission may from time to time require or authorize. |
|
| (5) |
Sales Postlicense Course.
| (a) |
Documentation Required for Offered
Courses. For each postlicense course, the school must maintain and make readily
available to an authorized representative of the Commission the following
documentation:
| (1) |
Course Outline. A detailed
course outline that identifies the hours to be spent on each subject area to be
covered in the course and all planned exercises that students are required to
complete; |
| (2) |
Learning Objectives.
A detailed list of learning objectives for each instructional hour of the
course. A learning objective is part of the overall goal of the course. An
objective states, in terms that are measurable, what the student should be able
to do, explain, or demonstrate upon mastery of the content of each hour of
instruction; |
| (3) |
Texts. A list of
text materials utilized in the course; |
| (4) |
Evaluation Materials. Copies of daily
tests, final examinations, or other materials used to evaluate student
performance; |
| (5) |
Student Records.
Records that identify each student and the student's attendance record;
and |
| (6) |
Course Evaluations. Written
summaries of student evaluations of the courses. |
| (7) |
Ethics. Every course offered by an
approved school for postlicense credit must include acknowledgment and coverage
of the ethical implications of the subject matter of the course. |
|
| (b) |
A Sales Postlicense Course
must provide for a minimum of twenty five instructional hours. Schools may not
count time students spend on breaks as part of the required instruction time.
Time students spend in taking graded exercises and tests or final examinations
may not constitute more than ten percent of the required instruction time. The
curriculum of the course must focus on legal fundamentals and/or basic
practices in sales or management of residential, agricultural, commercial, or
industrial properties. If the subject matter of the course addresses
residential sales, then the course must include a component on Georgia's
Residential Mortgage Fraud law and methods for identifying possible fraud in
transactions and properly reporting alleged fraud. |
|
| (6) |
Continuing Education
Courses. Every approved school must offer every calendar year a course
designed to help licensees meet the continuing education requirements of
O.C.G.A. § 43-40-8(e). This
course or courses shall be in addition to the Community Association Managers
Prelicense, Salespersons Prelicense, Sales Postlicense, or Brokers Prelicense
Course.
| (a) |
Documentation Required for
Offered Courses. For each continuing education, course, the approved school
must maintain and make readily available to an authorized representative of the
Commission the following documentation:
| (1) |
Course Outline. A detailed course outline that identifies the hours to be spent
on each subject area to be covered in the course and all planned exercises that
students are required to complete |
| (2) |
Learning Objectives. A detailed list of
learning objectives for each instructional hour of the course. A learning
objective is part of the overall goal of the course. An objective states, in
terms that are measurable, what the student should be able to do, explain, or
demonstrate upon mastery of the content of each hour of instruction. |
| (3) |
Texts. A list of text materials utilized
in the course; |
| (4) |
Student Records.
Records that identify each student and the student's attendance record;
and |
| (5) |
Course Evaluations. Written
summaries of student evaluations of the courses. |
|
| (b) |
Duration of Classes. No school may offer
a continuing education course of fewer than three credit hours. A credit hour
is defined as an "instructional hour" means a period of time of at least fifty
minutes of instruction or other learning activity. In-class instruction and
testing in any course must not exceed seven and one-half clock hours per
day. |
| (c) |
Subject Areas. In order to
provide reasonable guidelines for approved schools but without defining every
area or topic of continuing education, the Commission has identified the
following areas or topics of continuing education that are considered
appropriate for continuing education in addition to the areas or topics found
in paragraph (4) of this Rule. These areas or topics of continuing education
are:
| 1. |
all forms of real estate including
agricultural, commercial, and industrial; |
| 2. |
real estate development and
construction |
| 3. |
real estate legal
descriptions, plats, and surveys; |
| 5. |
property management, landlord/tenant
issues; |
| 6. |
real estate ad valorem
taxes; |
| 7. |
real estate title
issues; |
| 9. |
real estate income tax issues; |
| 10. |
real estate inspections; |
| 12. |
real estate auctions; |
| 14. |
such other subjects as the Commission may
deem appropriate. |
The Commission has identified the following areas or topics
that may not be considered appropriate areas or topics of continuing education
unless the area or topic has the prior written authorization of the Commission.
Courses designed for the personal growth, business development, or to
specifically benefit the real estate licensee are discouraged. The areas or
topics of continuing education that may not be considered appropriate for
continuing education include, but are not limited to:
| 1. |
the psychology of selling; |
| 2. |
personality assessments; |
| 4. |
personal real estate investing; |
| 6. |
personal or business branding such as
dress and presentation techniques; |
| 7. |
motivational classes or
seminars; |
| 8. |
time management
classes; |
| 9. |
sales and marketing
techniques unrelated to real estate; |
| 10. |
instruction in the use of technology,
computers, or other devices; and |
| 11. |
training in social media;
Courses that have already been issued a course approval code
may continue until such time as further approval may be
required. |
|
| (d) |
Courses Exceeding Twenty-Four Hours. The Commission will accept any course for
continuing education credit that exceeds twenty-four classroom hours in length
only if such course also meets all requirements for approval as a Sales
Postlicense course. |
| (e) |
Repeating
Courses. A licensee who has successfully completed a course to meet any part of
such licensee's continuing education credit may not repeat that course unless
at least one full year has passed since the completion of that
course. |
| (f) |
Any course developed to
qualify as a continuing education course on the topic of license law under Rule
520-1-.05(1)(e) shall
have a minimum of three credit hours and shall contain a review of material
that covers all the following areas of license law to wit:
| (2) |
Requirements of a qualifying broker and
an affiliated licensee upon transfer of a license from one firm to another
under O.C.G.A.
43-40-19 and Rule
520-1-.07(5); |
| (3) |
Requirements of a qualifying broker and
affiliate licensee concerning trust or escrow accounts under O.C.G.A. § 43-40-20 and under Rule
520-1-.08; |
| (8) |
Handling real estate transactions under
Rule 520-1-.10;
and |
|
|
| (7) |
Teaching Methods.
While instructors may use such teaching methods as lecture, discussion,
questions and answers, etc. in in-class sessions, instruction should also
include role play, simulations, or other similar instructional techniques
designed to assist students in mastering such skills as writing offers,
presenting offers, calculating costs, pricing property, and complying with fair
housing laws. |
| (8) |
Interactive
Instruction Required. Schools must present courses to students through
interactive instructional techniques. Examples of interactive instruction
include such teaching techniques as providing a student (1) the opportunity for
immediate exchange with an instructor in a classroom setting and (2) immediate
assessment and remediation through computer assisted or other audio or
audiovisual interactive instruction. Schools shall not attempt to provide
instruction primarily by having students (a) read text material, (b) listen to
audio tapes, (c) watch video tapes or films, or (d) study questions similar to
those on the state licensing examinations or by combining elements of (a)
through (d) above. |
| (9) |
Distance Education Courses. Distance education is comprised of
courses in which instruction does not take place in a traditional classroom
setting but rather through other media in which distance and time separate
teacher and student. Schools generally deliver distance education courses
through such media as telecommunications or by computer. The Commission
approves distance education courses:
| (a) |
that
meet all of the requirements of this chapter, or |
| (b) |
for which the applicant provides
satisfactory documentation that the Association of Real Estate License Law
Officials (ARELLO) has certified the course as meeting its distance education
standards. Any Commission approval based on such an ARELLO certification will
cease immediately upon notice from ARELLO that ARELLO has discontinued
suchcertification of the course for any reason. Synchronous Internet Courses or
"Webinar" Courses require ARELLO certification. In distance education courses,
a credit hour is defined as sixty minutes of instruction. |
|
| (10) |
Computer-Based Courses. The
Commission approves the offering of computer-based courses that meet the
specific standards of this Rule and all other applicable requirements of this
Chapter.
| (a) |
Teach to Mastery. Every course
offered under this Rule must teach to mastery. Teaching to mastery means that
the course must, at a minimum:
| 1. |
divide the
material into major units as approved by the Commission; |
| 2. |
divide each of the major units of content
into modules of instruction for delivery on a computer; |
| 3. |
specify the learning objectives for each
module of instruction. The learning objectives must be comprehensive enough to
insure that if all the objectives are met, the student will master the entire
content of the course; |
| 4. |
specify
an objective, quantitative criterion for mastery used for each learning
objective; |
| 5. |
implement a
structured learning method by which each student is able to attain each
learning objective; |
| 6. |
provide
means of diagnostic assessment of each student's performance on an ongoing
basis during each module of instruction. This assessment process must measure
what each student has learned and not learned at regular intervals throughout
each module of instruction, and the diagnostic assessment must specifically
assess the mastery of each concept covered in the content material. |
| 7. |
provide a means of tailoring the
instruction to the needs of each student as identified in (10) (a) 5. above.
The process of tailoring the instruction must insure that each student receives
adequate remediation for specific deficiencies identified by the diagnostic
assessment; |
| 8. |
continue the
appropriate remediation on an individualized basis until the student
demonstrates achievement of each mastery criterion; |
| 9. |
require that the student demonstrate
mastery of all material covered by the learning objectives for the module
before the student completes the module; and |
| 10. |
consist of interactive computer-based
instructional material which will reasonably require a student completing the
course to expend the number of hours for which the school offers the
course. |
|
| (b) |
Documentation of Methodology. Prior to the development of specific
computer-based courses to be offered to meet prelicense, postlicense, and
continuing education requirements, a school must submit to the Commission for
its approval satisfactory documentation of the method by which the course will
accomplish each element of mastery in paragraph (a) of this Rule. If the
Commission authorizes that method, the school may utilize that method in
developing any courses it may offer to meet licensees' education requirements
under this chapter. The school must base the rationale for the educational
processes implemented with computer-based study on sound instructional
strategies systematically designed and proven effective through educational
research and development. The school must specify the basis and rationale for
any proposed instructional approach in any request for approval. |
| (c) |
Required Testing and Evaluation of
Courses. Courses offered under this Rule must also meet the criteria outlined
in this Rule except those covering in-class instruction. Except where the
Commission has granted permission in writing to do otherwise, persons
developing computer-based courses must:
| 1. |
when developing prelicense courses for salespersons and community association
managers, utilize at least nine persons in testing programs in order to
evaluate for the developer the quality of content and the user friendliness of
software and hardware. Of those nine persons, at least three must be
unlicensed, at least three must be licensed salespersons or community
association managers, and at least six must be non-educators. Persons
developing any other courses for education credit for licensees must utilize at
least six persons in testing programs in order to evaluate for the developer
the quality of the content and the user friendliness of software and hardware.
Of those six persons at least four must be non-educators and no more than two
may be brokers, unless the course will only be offered to brokers. Persons
developing such courses must document that those testing the programs have
varying skill and knowledge levels of computers and real estate; and |
| 2. |
make reasonably available to an authorized
representative of the Commission documentation on the development and testing
processes utilized in its computer-based courses. |
|
| (d) |
The Commission has determined that the
following types of programs do not meet the requirements of this Rule:
| 1. |
those programs that consist primarily of
text material presented on a computer or other audio or audiovisual programs
rather than in printed material; |
| 2. |
those programs that consist primarily of questions similar to those on the
state licensing examination; |
| 3. |
Those programs that consist primarily of combinations of the elements in 1. and
2. above. |
|
| (e) |
An
approved instructor and/or the school coordinator/director must supervise the
grading of the written course work required of students in computer-based
courses. |
| (f) |
Every computer-based
course for the Community Association Managers Prelicense Course must consist of
interactive computer-based programs that will reasonably require the student to
expend at least twenty-five hours in completing the content areas identified in
paragraph (4) of this Rule. Every computer-based course for the Salespersons
Prelicense course must consist of interactive computer-based programs that will
reasonably require the student to expend seventy-five hours in completing the
content areas identified in paragraph (4) of this Rule. Every computer-based
course for the Sales Postlicense Course must consist of interactive
computer-based programs that will reasonably require the student to expend
twenty-five hours in completing the content areas identified in paragraph (4)
of this Rule. Every computer-based course for the Brokers Prelicense course
must consist of interactive computer-based programs that will reasonably
require the student to expend sixty hours in completing the content areas
identified in paragraph (4) of this Rule. Every computer-based course for
continuing education must consist of interactive computer-based instructional
material that will reasonably require the student completing the course to
expend the number of hours for which the school offers the course. |
| (g) |
Every school offering a computer-based
course under the requirements of this Chapter must offer those courses under an
instructor. For the Community Association Managers, Salespersons Prelicense,
and Brokers Prelicense courses, the school must offer those courses under an
approved instructor. Every instructor in a computer-based course must:
| 1. |
be available to answer students' questions
or provide them assistance as necessary; |
| 2. |
provide reasonable oversight of students'
work in order to insure that the student who completes the work is the student
who is enrolled in the course; |
| 3. |
certify students as successfully completing a computer-based course only if the
student:
| (i) |
has completed all instructional
modules required to demonstrate mastery of the material, |
| (ii) |
has attended any hours of live
instruction and/or testing required for a given course, and |
| (iii) |
has passed the final examination for
the Community Association Managers, Salespersons Prelicense, Sales Postlicense,
Brokers Prelicense or any test required by a continuing education
course. |
|
| 4. |
obtain from
each student the following certification statement:
I certify that I have personally completed each assigned module
of instruction. I understand that if any other person has completed any module
of instruction or any part of this course required for completion of the
course, the school may not award credit for the course or may withdraw credit
already awarded for the course. _________________ _____________________ Date Student's Signature A school or instructor may permit a student to complete this
statement in an electronic or internet format in any computer-based or distance
learning course. A school must provide prior documentation or demonstration to
the Commission of the method by which the school will acquire this statement.
The Commission must authorize the method of requiring this
certification. |
|
| (h) |
Schools may provide homework exercises,
contract forms, or other assessment exercises required in courses in a
computer-based or internet delivery format. A school must provide prior
documentation or demonstration to the Commission of the delivery methods prior
to offering such exercises or assessments. The Commission must authorize the
delivery method offered by the school. |
| (i) |
Schools may permit students in
computer-based or distance-learning courses to complete written homework
exercises, standard forms, or other assessment exercises. Each written
assignment a student submits for completion of a computer-based or distance
learning course must include the following:
"I certify that I have personally completed this assignment. I
understand that if any other person has completed any assignment, contract
form, or other written assessment required for completion of the course, the
school may not award credit for the course or may withdraw credit already
awarded for the course." _________________ _____________________ Date Student's Signature |
|
| (11) |
Course Examinations. Every
Community Association Managers Prelicense, Salespersons Prelicense, Sales
Postlicense, and Brokers Prelicense Courses must conclude with an examination
administered by the approved school.
| (a) |
Scheduling. Schools shall administer final examinations for every Salesperson
Prelicense and Brokers Prelicense Courses on a day when the course holds no
in-class instruction. Schools may administer final examinations for every
Community Association Managers Prelicense Course and Salespersons Postlicense
Course on the last day of in-class instruction. |
| (b) |
Passing Score. On final examinations
administered for Community Association Managers Prelicense, Salespersons
Prelicense, Sales Postlicense, and Brokers Prelicense Courses, schools must
require that students achieve a passing score on the final examination that is
consistent with the passing score required on state qualifying examinations for
these licenses unless a school has first obtained the written permission of the
Commission to require a different passing score. |
| (c) |
Retaking a Course Examination. Schools
may elect to allow any student who fails to achieve a passing score to take
another examination on another day without repeating instruction. If a student
fails to achieve a passing score on a second final examination, the student
must repeat all instruction of that course before taking another
examination. |
| (d) |
Security. Schools
must maintain at least two forms of a final examination for each course and
must provide the Commission, upon its request, with reasonable assurances that
examinations are secure from distribution to students except upon
administration of an examination. These final examinations are evaluation
tools, not teaching tools. While schools may supply students with information
regarding their individual proficiency in areas of the examination, they must
not review specific questions from these examinations with students. The
Commission may impose any sanction permitted by law on the approval of any
school and/or instructor that fails to provide proper security for
examinations. |
| (e) |
Content Areas for
Salespersons Prelicense Examination. The final examination for the Salespersons
Prelicense Course must include at least five questions each on (a) brokerage
engagements, (b) legal descriptions and legal aspects of contracts, (c) methods
of payment and earnest money, (d) special stipulations and writing sales
contracts, (e) leases and fair housing, (f) licensees acting as principals, (g)
anti-trust laws, (h) basic finance, (i) loan types, (j) pricing property, (k)
seller's costs, (l) qualifying purchasers and purchaser's costs, (m) contract
closing, and (n) such other matters as the Commission may from time to time
require or authorize. |
| (f) |
Examination Formats. Final Examinations for prelicense and postlicense courses
should attempt to measure the student's competence in the knowledge or skills
taught in the course. A school need not submit a course final examination to
the Commission if:
| (1) |
the examination
consists of multiple choice questions with a minimum of four choices of answers
for each question; |
| (2) |
the final
examination for the Salespersons Prelicense Course and the Brokers Prelicense
Course consists of no fewer than one hundred questions; and |
| (3) |
the final examination for the Community
Association Managers Prelicense Course and the Sales Postlicense Course
consists of no fewer than fifty questions. A school must submit to the
Commission for approval any course final examination that does not meet the
above criteria prior to the examination's being administered for the
course. |
|
| (g) |
Proctoring.
Schools must provide proctors for all final examinations for prelicense and
postlicense courses and for any continuing education courses that require the
passing of a final examination in order to receive credit for the course. The
school director, coordinator, approved instructor, or other person designated
by the school director or coordinator may administer or proctor final
examinations in courses. The school director or coordinator must insure that
examinations are conducted according to the requirements of this
chapter. |
|
| (12) |
Alternatives for Meeting Prelicense Course Requirements.
| (a) |
College Courses. Applicants for
examination may qualify to sit for examination by presenting college
transcripts that show courses in real estate subjects of at least ten quarter
hours or sixsemester hours if the application is for the salesperson's
examination or fifteen quarter hours or nine semester hours if the application
is for the broker's examination. Applicants for the community association
manager's examination may qualify to sit for the examination by presenting
college transcripts that show real estate courses of at least four quarter
hours or two semester hours with a concentration in community associations and
community association management.
| 1. |
Applicants must submit an official transcript at the time of making application
for examination; and the applicant may be required to provide a description of
the course or courses from the school's catalogue or bulletin. |
| 2. |
Only courses which count towards the
student's obtaining a major in the field of real estate or courses dealing with
principles, fundamentals, or essentials of real estate and only courses in
agency, real property law, and contract law at a school of law will satisfy
this requirement. College correspondence courses and courses that qualify for
continuing education units do not satisfy the requirements of this
Rule. |
|
| (b) |
Credits for
Instructors. The Commission shall approve as meeting the education requirements
for examination any instructor who submits satisfactory proof that he or she
has taught a course or courses named in this Rule within two years prior to
making application to sit for an examination. |
| (c) |
Sales I, Sales II, and Sales III.
Applicants who successfully completed all three of the Sales I, Sales II, and
Sales III courses prior to January 1, 1993, may present certificates of
completion of those courses from approved schools in order to sit for the
qualifying examination for a salesperson's license. |
| (d) |
Courses Approved by Other Jurisdictions.
Prelicense education courses for community association managers, salespersons,
and brokers authorized by the regulatory body that regulates real estate
licensees in any state, district, territory, possession, or province of the
United States or Canada are approved as meeting the corresponding prelicense
education requirements in Georgia provided that such courses are similar in
credit hours earned to Commission required prelicense courses and are offered
through classroom instruction or through computer-based instruction that is
consistent with the standards of these regulations. |
|
| (13) |
Alternatives for Meeting
Continuing Education Requirements. The Commission shall deem a licensee to have met the continuing
education requirement of O.C.G.A. § 43-40-8(e)for a
renewal period if the licensee successfully completes in a renewal period any
of the following courses that have at least the total number hours of
instruction the law requires the licensee to complete:
| (a) |
Prelicense and Post-license Courses.
Licensees may obtain continuing education credits by successfully completing
during a renewal period a Community Association Managers Prelicense,
Salespersons Prelicense, Sales Post-license, or Brokers Prelicense course.
Salespersons who complete the twenty-five hour Sales Post-license course in
their first year of licensure may count that course as meeting nine (9) hours
of the continuing education requirement for the first renewal period. |
| (b) |
College Courses. A licensee may obtain
continuing education credit for a renewal period by completing at an accredited
college or university any course of four quarter hours or two semester hours
| 1. |
which counts toward obtaining a major in
the field of real estate or courses dealing with principles, fundamentals, or
essentials of real estate; |
| 2. |
which
counts toward obtaining a major in business administration, accounting,
finance, or marketing offered by a college or university accredited by one the
regional accrediting associations recognized by the United States Department of
Education; and |
| 3. |
in courses in
agency, real property law, and contract law at an accredited school of law.
Licensees may not use college correspondence courses or college continuing
education courses to qualify under this Rule. |
|
| (c) |
Credits for Instructors. The Commission
shall deem the continuing education requirement for a real estate renewal
period as met by any instructor who submits satisfactory written proof that he
or she has taught any of the courses offered under the requirements of this
Chapter for a total of the hours required under Rule
520-1-.05(1) (d)
during the renewal period in which the instructor is applying for a renewal of
a real estate license. |
| (d) |
Non-resident Licensees. The Commission shall deem the continuing education
requirement as met by any nonresident licensee who submits satisfactory written
proof that he or she has met the continuing education requirement of his or her
state of residence during the renewal period in which the licensee is applying
for a renewal of a real estate license. If the state of residence of a
nonresident licensee does not require continuing education, then such
nonresident licensee must meet the continuing education requirements of a
resident licensee. |
| (e) |
Courses
Approved by Other Jurisdictions. Licensees may use continuing education courses
authorized by the regulatory body that regulates real estate licensees in any
state, district, territory, possession, or province of the United States or
Canada to count toward meeting the continuing education requirement for real
estate licensees in Georgia. The Commission deems such courses as meeting
continuing education requirements only if a school offers the courses through
classroom instruction or through computer based instruction that is consistent
with the standards for computer based courses or distance education described
in this Rule and only if the course is for three or more credit
hours. |
|
| (14) |
Verification of Course Completion. The Commission may require licensees completing courses under
this Rule to submit transcripts or other verification of completion that the
Commission deems necessary and adequate. |
| (1) |
Violations.Any violation of the provisions of this Chapter, any
falsification or misrepresentation on the application for approval or renewal,
or any falsification or misrepresentation of any other reports, certifications,
or applications required to be submitted by this Chapter may result in
withdrawal of approval or any other sanction permitted by O.C.G.A. Section
43-40-25 or any citation permitted
by O.C.G.A. Section 43-40-25.2. |
| (2) |
Schools. Any prelicensing school whose annual percentage of
students passing the real estate examination falls ten percentage points or
more below the percent of total examinees passing the state real estate
examination in any calendar year may have its approval withdrawn or have one of
the sanctions allowed by O.C.G.A. § 43-40-25 imposed on it or any
citation permitted by O.C.G.A. § 43-40-25.2. |
| (3) |
Instructors. If an
instructor or an application for instructor has a real estate license and that
license is sanctioned by the Commission, such sanction may be grounds for
Commission withdrawal of approval or denial of approval as an
instructor. |
| (4) |
Hearings.
Before imposing any sanction for a violation of this Chapter, the
Commission shall afford a hearing in accordance with the "Georgia
Administrative Procedure Act" O.C.G.A. Chapter 50-13 to the school or
instructor allegedly violating this Chapter. see also O.C.G.A. §§ 43-40-2,
43-40-8, &
43-40-25. |
