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PRELIMINARY AND CONTINUING EDUCATION - REGULATIONS only. The course provider shall establish the maximum time permitted for the examination, but in no case shall the time be less than thirty (30) minutes for each five (5) questions. (b) No licensee shall be permitted to acquire more than six (6) clock hours of continuing education by challenges. The combination of challenges and approved equivalency pursuant to Section 5316 of this subchapter shall not exceed 50 percent of total clock hour requirements for any one (1) person. (c) Course challenge examinations, if permitted, shall be submitted along with the Application for Course Provider and/or Course Approval, form HCD OL 122 Part A (Rev. 06/09), which is incorporated by reference, as specified in Section 5342 of this subchapter. § 5316. Claims of Equivalency (a) The department may grant continuing education clock hour credits for activities which have provided educational opportunities at least equivalent to attendance at approved continuing education courses as prescribed in this section. (b) Acceptable alternative activities may include, but are not limited to the following: (1) Instruction at an approved preliminary or continuing education course. (2) Development or research of information or materials associated with an approved continuing education course or unapproved course if the curriculum would otherwise meet the requirements of this subchapter for a continuing education program. (3) Authorship of published articles, periodicals or books on subjects relating to the requirements in laws or regulations governing manufactured housing sales. (4) Instruction of, or attendance at, an education program not approved by the department for continuing education, but which is sufficiently related to manufactured housing activities. (c) The department may grant up to a maximum of two (2) hours of continuing education clock hour credits for every one (1) hour of equivalent activity. (d) No licensee shall be granted clock hour credits for equivalents totalling in excess of fifty (50) percent of the licensee's total clock hour requirements. The combination of total clock hour credits earned by both challenges and equivalents shall not exceed fifty (50) percent of the total clock hour requirements. (e) Applications for equivalency approval shall comply with Section 5352 of this subchapter and be received by the department at least six (6) months before the license expiration date. Qualifying activities performed within the last six (6) months of the licensure term shall be applied to the next license renewal. § 5318. Exemptions (a) As prescribed in law and this section, the department may grant exemptions from the continuing education requirement and renew an expiring license where the required clock hour credits have not been earned and one (1) or more qualifying conditions exist. (b) Qualifying conditions are those which are beyond the control of the licensee and have made it impossible for the licensee to acquire the required clock hour credits over the last six (6) months of the licensure term including: (1) Health conditions or prescribed treatment of health conditions which are verified in writing by a physician and which have not allowed the licensee to work in the licensed capacity. (2) Active duty in the military service with assignment to duty outside the state. (c) Conditions relating to the convenience of the licensee such as travel and time needed to attend courses or disruption of employment will not be considered for exemption. (d) Any licensee granted an exemption shall earn the clock hours originally required at the time of renewal, within ninety (90) calendar days of the elimination of the condition which warranted the exemption and shall submit a revised application for license renewal to the department. (e) Applications for exemption shall comply with Section 5354 of this subchapter. § 5320. Required Changes to Approved Courses a) Whenever an approved course becomes inaccurate because of statutory or regulatory changes enacted after the course approval, the department shall provide the course provider a written notice of the change. The notice shall order the course provider to review the approved course and make appropriate changes. (b) When changes to approved courses are ordered, the course provider shall be provided thirty (30) calendar days to make the ordered changes or discontinue the use of the course. (c) Course changes pursuant to this section shall be submitted to the department on an Application to Change an Approved Course, form HCD OL ED 128 (Rev. 06/09), which is incorporated by reference, as specified in Section 5346 of this subchapter. § 5322. Certificates of Completion (a) Within five (5) calendar days of the completion of preliminary and continuing education courses, including correspondence courses and course challenges, course providers shall complete and issue a Certificate of Completion, form HCD OL ED 125 (Rev. 06/09), which is incorporated by reference, to each participant completing the course. Course providers shall provide the following information: (1) A serial number. (2) The course provider name, address and approval number(s). (3) The instructor's name and approval number. (4) The title and approval number of the course. (5) The date and address of the course location, except for correspondence courses. (6) The clock hour credit earned. 108
PRELIMINARY AND CONTINUING EDUCATION - REGULATIONS (7) The participant's name. (8) The license number of licensees. (b) In addition to the requirements of Subsection (a) of this section, within five (5) calendar days of the completion of each preliminary or continuing education course, including correspondence courses and course challenges, the course provider shall complete and submit a Certification of Course Presentation, form HCD OL ED 126 (Rev. 06/09), which is incorporated by reference. The course provider shall provide the following information along with the fee specified in Section 5360 of this subchapter: (1) The course provider name and address. (2) The instructor name and approval number. (3) The title and approval number of the course. (4) The type of course, either preliminary, or continuing education by correspondence, classroom or challenge. (5) The date and address of the course or challenge, except for correspondence courses. (6) The name of each person completing the course. (7) The license number of each licensee. (8) The clock hour credits earned. (9) Any other information reasonably required by the department in order to assure compliance with this subchapter. § 5324. Expiration of Course Approval (a) All preliminary and continuing education course approvals shall expire on the last day of the twenty-fourth (24th) month following the month of the original approval. No expired course shall be offered or presented. (b) Course providers applying for renewal of course approvals shall make any amendments necessary to bring the course curriculum or material into compliance with statutory or regulatory changes enacted after the date of approval. (c) Applications for renewal of course approval shall comply with Section 5344 of this subchapter. (d) Applications should be received by the department ninety (90) calendar days before the expiration date in order to allow processing and any review of course changes. § 5326. Instructor Qualifications (a) Instructors for preliminary and continuing education courses shall meet at least one (1) of the following qualifications: (1) A bachelor's degree in a related field to that in which the person is to teach, from a college or university with accreditation approved by the U.S. Department of Education. (2) Five (5) years full-time experience in the applicable field or course subject matter. (3) Any combination of at least five (5) years of full-time experience and college level education in the applicable field or course subject matter. (b) No licensee shall be approved as an instructor who has a record of license revocation, suspension, probation, or orders to pay fines or penalties pursuant to a hearing or stipulation and waiver resulting from departmental action against the licensee. (c) No person having been convicted of a felony, a misdemeanor involving moral turpitude, or misdemeanor associated with manufactured housing sales, shall be approved as an instructor. (d) Applications for instructor approval shall comply with Section 5348 of this subchapter. § 5328. Expiration of Instructor Approval (a) Instructor approvals shall expire on the last day of the twenty-fourth (24th) month following the month of the original approval. (b) Instructors with expired approval shall not make preliminary or continuing education course presentations. (c) Applications for instructor approval renewal shall comply with Section 5350 of this subchapter. § 5330. Advertising Requirements Except for general advertisements of the availability of approved preliminary or continuing education courses, all specific advertisements for courses, whether printed or broadcasted, shall include the following: (a) Course provider and instructor name(s). (b) Course title. (c) Course approval number issued by the department. (d) The number of clock hours to be earned. § 5332. Course Provider Notice Requirement Except for correspondence courses and course challenges, course providers shall notify the department of all course offerings at least ten (10) calendar days prior to the starting date of each course by submittal of a Notification of Intent to Present a Preliminary or Continuing Education Course, form HCD OL ED 127 (Rev. 06/09), which is incorporated by reference. The course provider shall provide the following information: (a) Course provider and instructor name(s). (b) Course title and approval number issued by the department. (c) The scheduled date, time and location of the course presentation. § 5334. Access and Denial to Course Offerings (a) No person shall be prohibited from attending approved courses because of their affiliations, memberships, or employment. 109
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PRELIMINARY AND CONTINUING EDUCATION - REGULATIONS<br />
(7) The participant's name.<br />
(8) The license number <strong>of</strong> licensees.<br />
(b) In addition to the requirements <strong>of</strong> Subsection (a) <strong>of</strong> this section, within five (5) calendar days <strong>of</strong> the completion <strong>of</strong><br />
each preliminary or continuing education course, including correspondence courses <strong>and</strong> course challenges, the course<br />
provider shall complete <strong>and</strong> submit a Certification <strong>of</strong> Course Presentation, form<br />
HCD OL ED 126 (Rev. 06/09), which is incorporated by reference. The course provider shall provide the following<br />
information along with the fee specified in Section 5360 <strong>of</strong> this subchapter:<br />
(1) The course provider name <strong>and</strong> address.<br />
(2) The instructor name <strong>and</strong> approval number.<br />
(3) The title <strong>and</strong> approval number <strong>of</strong> the course.<br />
(4) The type <strong>of</strong> course, either preliminary, or continuing education by correspondence, classroom or challenge.<br />
(5) The date <strong>and</strong> address <strong>of</strong> the course or challenge, except for correspondence courses.<br />
(6) The name <strong>of</strong> each person completing the course.<br />
(7) The license number <strong>of</strong> each licensee.<br />
(8) The clock hour credits earned.<br />
(9) Any other information reasonably required by the department in order to assure compliance with this<br />
subchapter.<br />
§ 5324. Expiration <strong>of</strong> Course Approval<br />
(a) All preliminary <strong>and</strong> continuing education course approvals shall expire on the last day <strong>of</strong> the twenty-fourth (24th)<br />
month following the month <strong>of</strong> the original approval. No expired course shall be <strong>of</strong>fered or presented.<br />
(b) Course providers applying for renewal <strong>of</strong> course approvals shall make any amendments necessary to bring the<br />
course curriculum or material into compliance with statutory or regulatory changes enacted after the date <strong>of</strong> approval.<br />
(c) Applications for renewal <strong>of</strong> course approval shall comply with Section 5344 <strong>of</strong> this subchapter.<br />
(d) Applications should be received by the department ninety (90) calendar days before the expiration date in order to<br />
allow processing <strong>and</strong> any review <strong>of</strong> course changes.<br />
§ 5326. Instructor Qualifications<br />
(a) Instructors for preliminary <strong>and</strong> continuing education courses shall meet at least one (1) <strong>of</strong> the following<br />
qualifications:<br />
(1) A bachelor's degree in a related field to that in which the person is to teach, from a college or university with<br />
accreditation approved by the U.S. <strong>Department</strong> <strong>of</strong> Education.<br />
(2) Five (5) years full-time experience in the applicable field or course subject matter.<br />
(3) Any combination <strong>of</strong> at least five (5) years <strong>of</strong> full-time experience <strong>and</strong> college level education in the applicable<br />
field or course subject matter.<br />
(b) No licensee shall be approved as an instructor who has a record <strong>of</strong> license revocation, suspension, probation, or<br />
orders to pay fines or penalties pursuant to a hearing or stipulation <strong>and</strong> waiver resulting from departmental action<br />
against the licensee.<br />
(c) No person having been convicted <strong>of</strong> a felony, a misdemeanor involving moral turpitude, or misdemeanor<br />
associated with manufactured housing sales, shall be approved as an instructor.<br />
(d) Applications for instructor approval shall comply with Section 5348 <strong>of</strong> this subchapter.<br />
§ 5328. Expiration <strong>of</strong> Instructor Approval<br />
(a) Instructor approvals shall expire on the last day <strong>of</strong> the twenty-fourth (24th) month following the month <strong>of</strong> the<br />
original approval.<br />
(b) Instructors with expired approval shall not make preliminary or continuing education course presentations.<br />
(c) Applications for instructor approval renewal shall comply with Section 5350 <strong>of</strong> this subchapter.<br />
§ 5330. Advertising Requirements<br />
Except for general advertisements <strong>of</strong> the availability <strong>of</strong> approved preliminary or continuing education courses, all<br />
specific advertisements for courses, whether printed or broadcasted, shall include the following:<br />
(a) Course provider <strong>and</strong> instructor name(s).<br />
(b) Course title.<br />
(c) Course approval number issued by the department.<br />
(d) The number <strong>of</strong> clock hours to be earned.<br />
§ 5332. Course Provider Notice Requirement<br />
Except for correspondence courses <strong>and</strong> course challenges, course providers shall notify the department <strong>of</strong> all course<br />
<strong>of</strong>ferings at least ten (10) calendar days prior to the starting date <strong>of</strong> each course by submittal <strong>of</strong> a Notification <strong>of</strong> Intent to<br />
Present a Preliminary or Continuing Education Course, form HCD OL ED 127 (Rev. 06/09), which is incorporated by<br />
reference. The course provider shall provide the following information:<br />
(a) Course provider <strong>and</strong> instructor name(s).<br />
(b) Course title <strong>and</strong> approval number issued by the department.<br />
(c) The scheduled date, time <strong>and</strong> location <strong>of</strong> the course presentation.<br />
§ 5334. Access <strong>and</strong> Denial to Course Offerings<br />
(a) No person shall be prohibited from attending approved courses because <strong>of</strong> their affiliations, memberships, or<br />
employment.<br />
109
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