Title 19 Part 177

No renewal license shall be issued to any real estate broker or salesperson for any license period commencing on or after 11/1/95 unless such licensee shall provide evidence of completion of 22½ hours of approved continuing education within the two-year period immediately preceding such renewal. However, such continuing education requirement shall not apply to any licensed real estate broker who is engaged full-time in the real estate business and who has been licensed prior to July 1, 2008 for at least 15 consecutive years immediately preceding such renewal.

No offering of a course of study in the real estate field for the purpose of compliance with the continuing education requirements of subdivision 3 of section 441 of the Real Property Law shall be acceptable for credit unless such course of study shall have been approved by the department under the provisions of this Part.

Continuing education real estate courses and offerings may be given by any college or university accredited by the Commissioner of Education of the State of New York or by a regional accrediting agency approved by said Commissioner of Education; public or private vocational schools; real estate boards; and real estate-related professional societies and organizations. Courses, including sales or technology, that increase the competency of a licensee as it relates to the real estate transaction shall be acceptable as meeting continuing education requirements subject to the restrictions set forth in subdivision (d) of this section. No real estate course of study seeking approval may be affiliated with or controlled by a real estate broker, salesperson, firm or company or real estate franchise, or controlled by a subsidiary of any real estate broker or real estate franchise. The following types of instruction shall not be acceptable as meeting continuing education requirements:

The following applies to courses to be presented in a class-room setting where the instructor is present with the class. Requests for approval of courses of study in the real estate field to be given to satisfy the requirements for continuing education under the provisions of this Part shall be made 60 days before the proposed course is to be given, and on a form prescribed by the department which shall include the following:

A licensee who shall teach an approved real estate course pursuant to Part 176 of this Subchapter or an approved subject offered for continuing education shall be credited with two hours for each hour of actual teaching performed. Records of such teaching shall be maintained by the person or organization presenting the course and certified on forms prescribed by the department. The records of such teaching shall be deemed records of attendance for all purposes of these rules.

The department may grant a waiver for up to two years to any licensee who evidences bona fide hardship precluding completion of the continuing education requirements prior to the time the renewal application is to be filed. A licensee seeking such a waiver shall file the appropriate renewal application, together with the evidence demonstrating such hardship, together with a written request for such waiver.

To meet the minimum statutory requirement, attendance shall be computed on the basis of an hour equalling 50 minutes.

A duly authorized designee of the department may audit any course offered and may verify attendance and inspect the records of attendance of the course at any time during its presentation or thereafter.

There shall be no change or alteration in any approved course of study of any subject or in any instruction staff without prior written notice to, and approval by, the department.

Within 45 days after the receipt of the application for approval of an offering, the department shall inform the entity as to whether the offering has been approved, denied, or whether additional information is needed to determine the acceptability of the offering. The department may deny, suspend or revoke the approval of a real estate course or a real estate instructor, if it is determined that they are not in compliance with the law and rules or if the offering does not adequately reflect and present current real estate knowledge as a basis for a level of real estate practice. If disciplinary action is taken, a written order of suspension, revocation, or denial of approval will be issued. Anyone who objects to such denial, suspension or revocation shall have the opportunity to be heard by the Secretary of State or his designee.

All courses approved pursuant to this Part shall be open to all members of the public regardless of the membership of the prospective student in any real estate board, or real estate-related professional society or organization.

Each course shall be presented in such premises and in such facilities as shall be necessary to properly present the course. No course shall be presented in any real estate broker's office or the office of any association of real estate brokers, except as otherwise may be permitted under these rules.

A person intending to present an approved course shall first be qualified pursuant to section 176.11 of this Title.

Each registration or renewal period for approved programs or courses shall be for 12 months or a part thereof, said period to commence on January 1st or date thereafter and to continue until December 31st.

Distance education is defined as any educational process based on the geographical separation of instructor and learner (

e.g.,

CD-ROM, disk, on-line learning, etc.). Educational providers who wish to offer distance learning programs must have their programs evaluated and approved in accordance with the provisions of this Part, including specifically sections 177.21 and 177.22.

Each request for approval of a distance learning program shall be made at least 60 days before the proposed course is to be offered and shall include the following:

To be approved, a distance learning program must meet the following criteria:

Reserved ]