HAR §16-99-99. Application for registration as a continuing education provider

(a) A continuing education provider shall be responsible for the administration of the course offering. An application for registration as a continuing education provider shall be made to the commission on a form prescribed by the commission. The application shall be submitted with a nonrefundable application fee in an amount as provided in rules adopted by the director of commerce and consumer affairs pursuant to chapter 91, HRS, and include at least the following: (1) The complete legal name of the provider, telephone number, current mailing address, and the provider's administrative office address; (2) The form of ownership of the provider, whether sole proprietorship, partnership, corporation, or limited liability company, and the name, telephone number, and current address of the provider's owner. When the owner of the continuing education provider is not an individual, the names, titles, and addresses of the directors, officers, members, managers, or partners of the entity together with a stamped filed copy of the articles of incorporation or partnership agreement on file with the State business registration division must be submitted to the commission; (3) The name, address, and telephone number of the provider's administrator; (4) A statement that all classroom facilities comply with the county building department, county fire department, and the State department of health requirements; (5) A statement certifying that the provider has a student attendance policy and procedures for monitoring attendance and record keeping for a minimum of four years; (6) A statement certifying that the provider has a policy for a refund, issuance of a certificate of completion of course, and the means by which the statement of policies shall be provided to a student prior to registering for the course; (7) A surety bond conditioned for the protection of the contractual rights of real estate students in an amount not less than $2,000 issued by a surety authorized to do business in the State; provided that no bond shall be required if the course is delivered electronically or as approved by the commission; and (8) Other additional information as may be required by the commission. (b) A nonrefundable application fee and the posting of a bond pursuant to this section shall not be required of a provider that is a college or university accredited by an accrediting organization approved by the Council of Post Secondary Accreditation or the United States Department of Education (USDOE) as §16-99-99 99-50 an institution of higher learning. [Eff and comp 2/25/91; am and comp 5/21/01; am and comp 12/19/16] (Auth: HRS §§467-4, 467-4.5, 467-11.5) (Imp: HRS §§467- 4.5, 467-11.5) §16-99-100 Criteria for approving and certifying continuing education courses. (a) The commission may approve and certify a continuing education course when the course satisfies all of the following: (1) Is for a core or elective course designed for any one of the following purposes: (A) Protecting the general public in its real estate transactions; (B) Enabling the licensee to serve the objectives of the consumer in a real estate transaction; or (C) Enabling the licensee to develop and improve a licensee's competency and professionalism in a changing marketplace; (2) Qualifies as either a consumer protection or professional standards and practice course as defined in this subchapter; (3) Is developed for a knowledge and abilities level beyond "professional entry"; (4) Includes in the course clearly defined course objectives; (5) Specifies course objectives in terms of student performance; for example, when the student completes the course the student can analyze, summarize, identify, and provide resolutions to ethical issues for a specific real estate transaction; (6) Consists of a minimum of three clock hours; (7) Issues upon the completion of the course offering a certificate of course completion; (8) Requires the completion of the course within the license biennium; (9) Is offered by a registered continuing education provider; (10) Is delivered live, or by other means of communication as approved by the commission; (11) Has a course outline detailing the sequence of topics, amount of time allotted to each topic, and reading assignments; and (12) Meets such other conditions as requested by the commission. (b) In making a determination pursuant to this section, the commission may consult with an advisory committee of real estate educators and practitioners having specialized knowledge and practical experience with the subject matter of the proposed course. Where the commission deems necessary, the commission may also retain a consultant to assist the commission in making a determination pursuant to this section. The consultant shall be compensated by moneys provided from the §16-99-102 99-51 real estate education fund. [Eff and comp 2/25/91; am and comp 5/21/01; am and comp 12/19/16] (Auth: HRS §§467-4, 467-4.5, 467-11.5) (Imp: HRS §§467-4.5, 467-11.5) §16-99-101 Courses not acceptable for continuing education course certification. The commission may not certify a continuing education course, or any portion thereof, which: (1) Does not directly relate to real estate law or real estate practice; (2) Is related to passing a prelicense real estate salesperson or broker exam; (3) Teaches general office skills, such as word processing, basic internet skills, computer software or other technology, personal motivation, and time management; (4) Includes sales or promotions of a product or service or other meetings held in conjunction with general real estate brokerage activity; (5) Is devoted to meals or refreshments; (6) Is less than three clock hours in duration; and (7) Does not meet the definition of continuing education as determined by the commission. [Eff and comp 2/25/91; am and comp 5/21/01; am and comp 12/19/16] (Auth: HRS §§467-4, 467-4.5, 467-11.5) (Imp: HRS §§467-4.5, 467-11.5)