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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsOctober 2018


Regulatory Flexibility Act Form

Authenticated PDF Version

24 DE Admin. Code 2925
Pursuant to 24 Del.C. §2906(a)(1), the Delaware Real Estate Commission has proposed revisions to the Real Estate Commission Education Guidelines (the "Guidelines").
The Delaware Real Estate Commission has the governing powers to approve or disapprove educational course offerings and instructor approval and reserves the right to suspend or revoke the privilege of conducting any educational course to any course provider(s) or instructor(s) who fail to adhere to the educational guidelines as established by the Commission. Any Commission decision pursuant to this Section shall be subject to a written request for reconsideration. A request for reconsideration shall be submitted to the Commission no later than 30 days after the date of the letter setting forth the Commission's decision. The Commission's decision on a request for reconsideration is final and not subject to further review.
3.3.1 With the expiration of the terms of the members of the Committee in office as of the effective date of this Rule, each appointment shall be for three (3) full years. Each appointed committee member may succeed himself or herself for one (1) additional term. Committee members in office as of April 11, 2013, may serve an additional three (3) year term after completion of their current terms. No person who has been appointed to the Committee shall again be appointed to the Committee until an interim period of at least one (1) year has passed since such person last served.
3.3.2 As of the effective date of this Rule Guideline, a majority of the members holding appointed office at any given time members shall constitute a quorum; and no recommendation shall be effective without the affirmative vote of a majority of the quorum. Any member who fails to attend three (3) consecutive regular business meetings without a valid excuse, or who fails to attend at least half of all regular business meetings during any calendar year, shall automatically upon such occurrence be deemed to have resigned from office and a replacement shall be appointed by the Commission.
3.4.43.4.5 The Education Committee shall undertake such other duties and responsibilities directly related to education as the Commission shall direct from time to time.
3.4.53.4.6 Committee meeting times and places shall be as necessary, but in all cases within two weeks prior to the next regularly scheduled meeting of the Commission. Committee meetings shall be conducted in accordance with the Administrative Procedures Act.
3.4.63.4.7 Notwithstanding any rule, regulation, or guideline to the contrary, members of the Education Committee who attend at least eighty percent (80%) of the meetings of the Education Committee during a biennial licensure period may receive one hour of continuing education for each meeting attended and said hour may be applied to any continuing education required for renewal.
5.14 Instruction: Instruction
5.14.1 Three The following three individuals, each of whom shall have at least five years' experience in their area of expertise, are preferred required for instruction of the course:
5.14.15.14.1.1 a Delaware attorney whose practice has an emphasis on real estate transactions, who has been practicing in the area of Delaware real estate law;
5.14.25.14.1.2 a practicing Delaware licensed resident broker with a minimum of 5 years of experience as a Delaware licensee, or a practicing Delaware licensed nonresident broker with 5 years broker practice experience or Delaware associate broker; and
5.14.35.14.1.3 an individual knowledgeable in performing real estate business mathematics. computations
5.14.2 When a specialized topic is presented, it is encouraged that a specialist be used for that particular session, e.g., an environmentalist to cover environmental concerns including soil analysis, septic systems, etc.
5.14.55.14.4 Because there is some overlapping of material among the three major topics, it is desirable, where appropriate, that the course coordinator schedule a meeting of the instructors prior to orientation to: (1) coordinate the presentation of material, and (2) decide who will give major emphasis to specific topics. During this meeting, it must be remembered that some of the students may not, because of exemption, be attending the mathematics portion of the course.
5.21 Evaluation: At the conclusion of the course, the course coordinator shall conduct a student evaluation of the course, facilities, instructors and the coordination of the course on the form approved by the Commission. They shall submit those evaluations to the Delaware Real Estate Commission’s Education Committee within fifteen (15) days of completion of the course with the evaluation summary report form mandated by Education Guideline subsection 9.5. Prelicensing providers will also conduct a regular post prelicensing survey on the form following as the final page of this course guideline. Completed forms received by the provider must be retained for a two year period. The provider must furnish the forms upon request from the Commission.
5.24 The License Law and the Rules and Regulations of the Commission are readily available on the Commission's web site at www.dpr.delaware.gov. The current Delaware Code is available on line at www.delcode.state.de.us www.delcode.delaware.gov. The Real Estate Candidate Handbook is available from the testing service at www.pearsonvue.com.
7.4 Programs shall be a minimum of one (1) hour three (3) hours and delivered in one (1) three (3) hour increments.
9.39.5 A course may be approved for a period of two (2) calendar years, provided the course is conducted by the sponsor or provider making application, the curriculum and course length remains exactly as approved, and approved instructors are utilized. The Education Committee may recommend a shorter or probationary approval where good cause for limited approval can be demonstrated. Courses cannot be automatically renewed. Sponsors or providers will need to reapply by the course expiration date before conducting further courses. The Education Committee may recommend to the Commission that a provider's privilege of conducting an approved course be revoked for the remainder of the approval period, if the Education Committee determines that the provider is not maintaining the standards.
9.49.6 Sponsors or providers of all education courses shall be wholly and completely responsible for the conduct of their attendees, including faithful and complete student attendance as well as facilities management. Faithful and complete attendance is attentive presence for at least fifty (50) minutes of each credit hour. The course sponsor or provider shall determine whether students may use electronic devices during the course. Students shall be advised whether electronic devices are permitted before the course begins. A student who arrives after the instruction has begun or leaves before instruction is complete shall not be given continuing education credit.
9.4.19.6.1 Sponsors and providers shall arrange for an on-site monitor in addition to the approved instructor for each course. At no time will self-monitoring be permitted for Continuing Education Course.
9.4.29.6.2 Monitors are appointed to assist the course sponsors or providers and instructors. As a minimum, monitors will ensure students provide their own signatures on the course roster and advise the provider of those students who do not comply with faithful and complete attendance.
9.4.39.6.3 Monitors may be students for educational credit for that course.
9.4.49.6.4 The course sponsor or provider will supply to the student at the completion of the course or program, DREC approved certificate of completion. This certificate must contain, but is not limited to, the following information:
9.59.7 The organization offering the course, shall, within fifteen (15) days after the completion of the course, provide a list of participants, their real estate license numbers (if applicable) and a copy of each student's course and instructor evaluation form and an evaluation summary report form to the Commission's Office. The evaluation summary report form shall be signed by any instructors who participated in the delivery of the course thus indicating each has had the opportunity to review the evaluation result. Failure of the organization to provide this information may be grounds to suspend the approval of that course or educational course, in the absence of a showing of good cause for that failure.
9.69.8 Where the provider is a prelicensing school, the administrator thereof is responsible to apply to the Delaware Department of Education for certification and to maintain such certification. Proof of current certification must be attached to the application for course approval submitted to the Education Committee.
9.79.9 By the second class meeting, Prelicensing schools are to solicit the names of students interested in being contacted by recruiters. Any students joining after the first class must be informed of the opportunity to be a part of the recruiting roster at the first class attended. Schools must supply the recruiting roster within seven (7) days of receiving a request from a broker.
9.89.10 Prelicensing schools will also furnish each student with current information regarding the prelicensing examination to include the "Real Estate Candidate Handbook" which is available to prelicensing schools through the testing service for this purpose.
9.99.11 Members of the Real Estate Commission, Education Committee or Division of Professional regulation staff shall have the right to audit any approved course without notice.
10.110.2 It is the stated policy of the Delaware Real Estate Commission that qualified Qualified instructors must be directly involved in presenting any professional educational course. Qualifications are determined by:
10.1.110.2.1 Competence in the subject matter. Factors demonstrating competence include, but are not limited to,(may be evidenced by experience in which command of the subject matter is as recognized by the individual's peers, and/or by a formal education or training, and/or by demonstrated knowledge through publication in professional journals or appropriate media); ability to demonstrate knowledge and skill in the instructional methodology. and
10.1.210.2.2 Ability to demonstrate knowledge and skill in instructional methodology and ability to effectively communicate the educational material to the participants. Factors demonstrating these abilities include, but are not limited to, as determined by student evaluations and/or test results from previous instructional assignments and/or teaching experience;
10.210.3 The person applying for instructor approval must have a minimum of five years full time experience in a their real estate related topic in their area of expertise, plus one of the following:
10.2.110.3.1 A Bachelor's degree, with the exception of pre-licensing law which must have a Juris Doctorate degree except that a person teaching real estate law, either for pre-licensing, the broker course or continuing education, must be an active member of the Delaware Bar for at least five years; or
10.2.210.3.2 A Broker's or Associate Broker Brokers’ License; or
10.2.310.3.3 Possession of a valid teaching credential or certificate issued in the State of Delaware (or any State with qualifications that are equal to, or that exceed the qualification standards of the State of Delaware), and/or five (5) years of teaching experience in an accredited public, private, or parochial school; and/or five (5) years teaching experience in an accredited junior college, college or university.
10.310.4 The Commission may waive or make an exception of the above requirements contingent upon review of proof of collateral experience in related fields of real estate. The Commission reserves the right to exercise its discretion in denying any applicant who has had a disciplinary action taken against him/her either by the Commission or by another real estate licensing authority.
10.410.5 In addition to the qualifications listed above, the Commission shall take into consideration evaluations from previous programs that the applicant has instructed. The Commission will also take into consideration recommendations or absence thereof of course providers, course coordinators, administrators and institutions that have employed the applicant.
11.4 The Education Committee shall have the right to recommend to the Commission that an approved instructor lose their approval for the remainder of the approval period should the Education Committee determines that the instructor is not maintaining the standards and/or policies required in these guidelines Guidelines. If the Commission accepts the Education Committee's recommendation, the instructor may submit a written request for reconsideration to the Commission. Such request for reconsideration shall be submitted to the Commission no later than 30 days after the date of the Commission's notification letter to the instructor. The Commission's decision on a request for reconsideration is final and not subject to further review.
11.5 It is the Stated Policy of the Delaware Real Estate Commission that at At no time during periods of instruction shall any person involved in any approved real estate educational course, use, or attempt to use, the position of instructor, sponsor or provider etc., to solicit employees or licensees.
Last Updated: December 31 1969 19:00:00.
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