CHAPTER 9. CONTINUING EDUCATION
IC 25-34.1-9
Chapter 9. Continuing Education
IC 25-34.1-9-1
"Council" defined
Sec. 1. As used in this chapter, "council" refers to the real estateeducation advisory council established by this chapter.
As added by P.L.120-1992, SEC.3.
IC 25-34.1-9-2
Real estate education advisory council; establishment
Sec. 2. The real estate education advisory council is established.
As added by P.L.120-1992, SEC.3.
IC 25-34.1-9-3
Membership
Sec. 3. (a) The council consists of the following membersappointed by the commission:
(1) Three (3) members who represent residential real estatesales practitioners.
(2) Three (3) members who represent other segments andspecialties of the real estate industry besides residential realestate sales practitioners.
(3) One (1) member who represents real estate education.
(b) The commission shall appoint members from differentgeographic areas of Indiana. Six (6) members of the council must bemembers of Indiana real estate trade organizations.
As added by P.L.120-1992, SEC.3.
IC 25-34.1-9-4
Term of office
Sec. 4. Each member of the council shall be appointed by thecommission for a two (2) year term. If a successor has not beenappointed, the current member serves until a successor is appointedand qualified.
As added by P.L.120-1992, SEC.3.
IC 25-34.1-9-5
Vacancies
Sec. 5. If a vacancy occurs on the council, the commission shallappoint an individual to serve the unexpired term of the previousmember and until a successor is appointed and qualified.
As added by P.L.120-1992, SEC.3.
IC 25-34.1-9-6
Removal for cause
Sec. 6. The commission may remove a member of the council forcause.
As added by P.L.120-1992, SEC.3.
IC 25-34.1-9-7
Chair and vice chair
Sec. 7. The council shall elect from the council's membership achairman and a vice chairman.
As added by P.L.120-1992, SEC.3.
IC 25-34.1-9-8
Meetings
Sec. 8. The council shall meet upon the call of the chairman or atthe request of the commission. The chairman shall establish the timeand place of all meetings.
As added by P.L.120-1992, SEC.3.
IC 25-34.1-9-9
Implementation and courses under this chapter
Sec. 9. The council shall make recommendations to thecommission concerning the following:
(1) Requirements for sponsors of courses under this chapter.
(2) Requirements for instructors to be used by sponsors inproviding courses under this chapter.
(3) Requirements for the curricula in providing courses underthis chapter.
(4) Rules to implement this chapter.
(5) Other issues identified by the commission to implement thischapter.
As added by P.L.120-1992, SEC.3.
IC 25-34.1-9-10
Completion of approved education requirement; exception
Sec. 10. Except for an individual who has been granted aninactive license under IC 25-34.1-3-10, an individual who is licensedas a real estate broker under IC 25-34.1-3-4.1 or a salesperson underIC 25-34.1-3-3.1 must complete the approved education requirementbefore the end of each renewal period.
As added by P.L.120-1992, SEC.3.
IC 25-34.1-9-11
Approved education requirement
Sec. 11. (a) The approved education requirement is as follows:
(1) At least six (6) hours in any of the following subjects asdetermined by the commission:
(A) License and escrow law.
(B) Anti-trust law.
(C) Civil rights law.
(D) Agency law.
(E) Listing contracts and purchase agreements.
(F) Ethics and professionals standards.
(G) Settlement procedures.
(H) Other courses approved by the commission.
(2) At least ten (10) hours of course work in any of the
following subjects as determined by the commission:
(A) Appraising.
(B) Property management.
(C) Farm property management.
(D) Commercial brokerage and leasing.
(E) Financing.
(F) Residential brokerage.
(G) Land development.
(H) Legislative issues affecting the real estate practice.
(I) Other courses approved by the commission.
(b) An attorney in good standing licensed to practice law inIndiana may satisfy the requirements of subsection (a) by completingthe number of hours required by subsection (a) in continuing legaleducation courses in the subject matters listed in subsection (a).
As added by P.L.120-1992, SEC.3. Amended by P.L.182-1996,SEC.4.
IC 25-34.1-9-12
Course sponsor; approval requirements
Sec. 12. To obtain approval as a continuing education coursesponsor, the sponsor must do the following:
(1) Provide the commission information on courses, curriculum,and facilities as determined by the commission.
(2) Limit the number of credit hours that may be offered in atwenty-four (24) hour period for the course to a number notmore than the amount established by the commission by rule.
(3) Provide each participant who successfully completes anapproved course a certificate that contains the following:
(A) The name of the participant.
(B) The name, address, and signature of the sponsor.
(C) The number of approved credit hours.
(D) The date of the program.
(E) Any other information required by the commission.
(4) Pay a fee determined by the commission.
(5) Meet any standard that the commission adopts by rule.
As added by P.L.120-1992, SEC.3.
IC 25-34.1-9-13
Approved sponsor; records
Sec. 13. A continuing education sponsor that has receivedapproval under section 12 of this chapter must maintain records forfive (5) years of the participants who successfully complete and passthe course. If the sponsor ceases operations, the owner shall place therecords in the care of a custodian that is approved by thecommission.
As added by P.L.120-1992, SEC.3.
IC 25-34.1-9-14
Expiration of sponsor approval; renewal requirements
Sec. 14. (a) The approval for a sponsor for: (1) a salesperson's course expires December 31 eachodd-numbered year; and
(2) a broker's course expires December 31 each even-numberedyear.
(b) A sponsor must submit:
(1) a letter requesting renewal of approval; and
(2) the renewal fee;
at least thirty (30) days before a sponsor's approval expires.
As added by P.L.120-1992, SEC.3.
IC 25-34.1-9-15
Inspection; approved sponsor records and facilities
Sec. 15. The commission may inspect an approved sponsor'srecords and facilities.
As added by P.L.120-1992, SEC.3.
IC 25-34.1-9-16
Advertising sponsor or course
Sec. 16. (a) A person may advertise that the sponsor or thesponsor's course is approved by the commission and fulfills therequirements of the commission.
(b) A person may not advertise that the sponsor or the sponsor'scourse is required or recommended by the commission.
As added by P.L.120-1992, SEC.3.
IC 25-34.1-9-17
Renewal period; licensee exemption from continuing educationrequirement
Sec. 17. A licensee who is initially licensed in the second year ofa renewal period is exempt from the continuing educationrequirements under this chapter for that renewal period.
As added by P.L.120-1992, SEC.3.
IC 25-34.1-9-18
Application for renewal; certification requirements
Sec. 18. An applicant for renewal must certify on the applicationthat the applicant:
(1) has complied with the continuing education requirements;
(2) is exempt from the continuing education requirementbecause the individual has been licensed for less than one (1)year; or
(3) has not complied with the continuing educationrequirements but is seeking a waiver under section 19 of thischapter.
As added by P.L.120-1992, SEC.3.
IC 25-34.1-9-19
Waiver conditions; continuing education requirement; prohibitedactivity
Sec. 19. The commission may grant an applicant a waiver from
the continuing education requirement for the renewal period if theapplicant meets one (1) of the following conditions:
(1) Was not able to fulfill the requirement due to a hardship thatresulted from any of the following:
(A) Service in the armed forces of the United States duringa substantial part of the renewal period.
(B) An incapacitating illness.
(C) Other circumstances determined by the commission.
(2) Has certified on approved forms to the commission thefollowing:
(A) That the applicant has an active license but will notperform an act that requires a salesperson or broker's license.
(B) That the applicant is affiliated with a principal broker forthe sole purpose of making referrals to a licensedsalesperson or broker.
An individual granted a waiver under this subdivision may notperform an act that requires a salesperson or broker's licenseuntil the individual has fulfilled the same continuing educationrequirements needed to reactivate an inactive license underIC 25-34.1-3-10(c) and 25-34.1-3-10(d).
As added by P.L.120-1992, SEC.3.
IC 25-34.1-9-20
Renewal license; denial
Sec. 20. Subject to IC 25-1-4, the commission may deny renewalof the license of a licensee that does not fulfill the requirements ofthis chapter.
As added by P.L.120-1992, SEC.3. Amended by P.L.157-2006,SEC.74.
IC 25-34.1-9-21
Implementation of chapter
Sec. 21. The commission may adopt rules under IC 4-22-2necessary to implement this chapter.
As added by P.L.120-1992, SEC.3.