reglab/statecodes huggingface dataset:
Indiana Administrative Code › Title 876 - INDIANA REAL ESTATE COMMISSION › Article 6 - REAL ESTATE SCHOOLS; PRELICENSING EDUCATION; EXAMINATION › Rule 3 - Instructors › Section 3-3 - Instructors; prohibitions

Current through July 10, 2024
Authority: IC 25-34.1-2-5; IC 25-34.1-5-13
Affected: IC 25-34.1-5
Sec. 3.
A real estate school is prohibited from hiring or retaining in its employ, an instructor who has:
(1) had his or her real estate license revoked or suspended by any jurisdiction;
(2) obtained or used, or attempted to obtain or use, in any manner, Indiana real estate licensing examination questions to be used on future examinations, unless authorized by law;
(3) been convicted of a crime that has a direct bearing on the individual's ability to competently instruct including, but not necessarily limited to, violations of real estate laws and abuse of fiduciary responsibilities;
(4) falsely certified hours of attendance or grades for any student;
(5) violated 876 IAC 6-5-1 concerning recruiting during the educational process; or
(6) unless allowed by law, refused to appear or testify under oath, or both, at any hearing held by the commission.
Indiana Administrative Code › Title 876 - INDIANA REAL ESTATE COMMISSION › Article 6 - REAL ESTATE SCHOOLS; PRELICENSING EDUCATION; EXAMINATION › Rule 4 - Conduct of Courses › Section 4-2 - Breaks

Current through July 10, 2024
Authority: IC 25-34.1-2-5
Affected: IC 25-34.1-5
Sec. 2.
There shall be at least a ten (10) minute break after every two (2) hours of instruction.
Indiana Administrative Code › Title 876 - INDIANA REAL ESTATE COMMISSION › Article 6 - REAL ESTATE SCHOOLS; PRELICENSING EDUCATION; EXAMINATION › Rule 4 - Conduct of Courses › Section 4-3 - Attendance

Current through July 10, 2024
Authority: IC 25-34.1-2-5
Affected: IC 25-34.1-5
Sec. 3.
(a) A student in a broker course session who is not in attendance for at least eighty percent (80%) of the required hours shall not be permitted to complete the course.
(b) A student may receive attendance credit under subsection (a) by attending another class that covers the same material as a missed class, and is sponsored by the same school that offered the missing class;
shall not be permitted to complete the course.
(c) Each instructor shall maintain accurate attendance records and report to the school director when any student has exceeded the maximum number of absences.
Indiana Administrative Code › Title 876 - INDIANA REAL ESTATE COMMISSION › Article 6 - REAL ESTATE SCHOOLS; PRELICENSING EDUCATION; EXAMINATION › Rule 4 - Conduct of Courses › Section 4-4 - Examinations

Current through July 10, 2024
Authority: IC 25-34.1-2-5
Affected: IC 25-34.1-5
Sec. 4.
(a) A broker course shall be required to have three (3) written examinations with each examination consisting of one hundred (100) questions. A total of two hundred twenty-five (225) points from the three (3) examinations is required to pass the broker course.
(b) Dates of all examinations must be announced to the students at least one (1) day in advance, and examinations shall be evenly spaced throughout the course.
(c) All examinations must be administered in the scheduled class session under the supervision of the course instructor. Take home examinations may not be credited toward the required passing score in the course.
(d) The total score to pass a course can be based only on scores earned on the required in-class examinations. Class recitations and quizzes cannot be used to supplement or take the place of examination grades.
(e) Total security shall be provided for all examinations prior to, during, and after administration. Questions may not be distributed to students or discussed in class in advance. Students shall be prohibited from copying an examination after it has been administered.
(f) Any examination and the answers for each student shall be retained by the sponsoring school for at least one (1) year. Examinations may be made available to students only for personal review in a supervised situation after the examinations have been graded and scores recorded.
(g) Examinations administered in broker courses shall not be taken from the school premises under any circumstances.
(h) Administration of makeup examinations shall be at the discretion of the course instructor. If makeup examinations are permitted, and the student is taking the examination prior to other students in the class, the same examination that will be used for the class shall be administered. If the student will be taking a makeup examination after other students in the class, a different examination shall be used; however, the examination must cover the same subject content.
(i) Each real estate school shall establish a written policy prohibiting cheating in its approved courses.
Indiana Administrative Code › Title 876 - INDIANA REAL ESTATE COMMISSION › Article 6 - REAL ESTATE SCHOOLS; PRELICENSING EDUCATION; EXAMINATION › Rule 4 - Conduct of Courses › Section 4-5 - Course evaluations

Current through July 10, 2024
Authority: IC 25-34.1-2-5
Affected: IC 25-34.1-5
Sec. 5.
(a) Schools are required to survey their students at the end of each course session or after the students have taken the state licensing examination.
(b) The survey should include information regarding the quality of instruction, appropriateness of materials, and other information that will properly evaluate the course.
(c) Evaluations must be made available for inspection by the commission upon request.
Indiana Administrative Code › Title 876 - INDIANA REAL ESTATE COMMISSION › Article 6 - REAL ESTATE SCHOOLS; PRELICENSING EDUCATION; EXAMINATION › Rule 5 - Real Estate Schools; Miscellaneous Prohibitions › Section 5-1 - Recruiting; prohibitions

Current through July 10, 2024
Authority: IC 25-34.1-2-5
Affected: IC 25-34.1-5
Sec. 1.
(a) No broker, representative of a broker, school, representative of a school, or instructor shall engage in recruiting within the classroom and any other area that the student would have access to during the time class is in session, including breaks, such as the restroom and hallway. For purposes of this rule, "recruiting" means any solicitation of a broker or prospective broker for employment or association by any licensed individual, partnership, or corporation, or the promotion of such an entity to induce employment or association.
(b) The distribution of any material that would identify a broker constitutes a violation of subsection (a).
(c) Responding to an inquiry from a student does not constitute a violation of subsection (a).
(d) If any individual violates subsection (a), schools and instructors shall order violators to stop recruiting and report the activity to the commission for possible action against the violator.
Indiana Administrative Code › Title 876 - INDIANA REAL ESTATE COMMISSION › Article 6 - REAL ESTATE SCHOOLS; PRELICENSING EDUCATION; EXAMINATION › Rule 5 - Real Estate Schools; Miscellaneous Prohibitions › Section 5-2 - Requirements concerning recruiting

Current through July 10, 2024
Authority: IC 25-34.1-2-5
Affected: IC 25-34.1-5
Sec. 2.
(a) The school shall distribute the following statement in writing to each student at the beginning session of the course: "No recruiting for employment or association opportunities for any real estate broker is allowed in this class. You may report any effort to recruit to (name of school director) at (telephone number and/or office address) or the Indiana real estate commission.".
(b) Before beginning any duties on behalf of the school, all employees, including instructors, shall be required to sign a nonrecruiting agreement, on a form obtained from the commission, agreeing not to violate section 1 of this rule. The nonrecruitment agreement shall be retained by the school and available to the commission upon request.
Indiana Administrative Code › Title 876 - INDIANA REAL ESTATE COMMISSION › Article 6 - REAL ESTATE SCHOOLS; PRELICENSING EDUCATION; EXAMINATION › Rule 5 - Real Estate Schools; Miscellaneous Prohibitions › Section 5-3 - Student lists

Current through July 10, 2024
Authority: IC 25-34.1-2-5
Affected: IC 25-34.1-5
Sec. 3.
Unless required by law, no school may provide any name or e-mail address or list of names or e-mail addresses of any potential broker or brokers or student or students whether potential or enrolled in any real estate school to anyone other than the commission, without the individual's written consent.
Indiana Administrative Code › Title 876 - INDIANA REAL ESTATE COMMISSION › Article 6 - REAL ESTATE SCHOOLS; PRELICENSING EDUCATION; EXAMINATION › Rule 5 - Real Estate Schools; Miscellaneous Prohibitions › Section 5-4 - Advertising; requirements

Current through July 10, 2024
Authority: IC 25-34.1-2-5
Affected: IC 25-34.1-5
Sec. 4.
(a) Schools shall not engage in false or misleading advertising.
(b) If a school's advertisement contains representations concerning the number or percentage of its students who pass the commission's broker examination, the school shall retain information including the raw data and the calculation substantiating the accuracy of the representations and make it available to the commission upon request.
(c) The method of calculation of passing percentage under subsection (b) shall be as follows:
(1) Advertisement must state the period for which passing percentages are reported.
(2) Percentages must be based on first-time candidates taking the state licensing examinations for the period reported.
Indiana Administrative Code › Title 876 - INDIANA REAL ESTATE COMMISSION › Article 6 - REAL ESTATE SCHOOLS; PRELICENSING EDUCATION; EXAMINATION › Rule 5 - Real Estate Schools; Miscellaneous Prohibitions › Section 5-5 - Real estate schools; prohibitions

Current through July 10, 2024
Authority: IC 25-34.1-2-5
Affected: IC 25-34.1-5
Sec. 5.
Real estate schools are prohibited from the following:
(1) Giving materially inaccurate or misleading information in an application for course approval or annual report.
(2) Deliberately falsifying or misrepresenting any information supplied to the commission or public.
(3) Possessing, claiming to possess, revealing, or distributing any questions used in the commission's broker or salesperson examinations.
(4) Having substantially failed to comply with the provisions of any contract or agreement entered into with a student.
(5) Failing to allow the commission or its designee to inspect the school or its records or failing to make available such information as required by IC 25-34.1-5 and this article.
(6) Having been convicted, or one (1) of its owners having been convicted, of a crime that has a direct bearing on the school's ability to conduct a real estate course including, but not necessarily limited to, violation of real estate laws and abuse of fiduciary responsibilities.
(7) Violating IC 25-34.1 or this title.
(8) Failing to notify the commission within thirty (30) days of the termination of its relationship with an instructor for cause.
(9) Paying or receiving a rebate or referral fee to any broker to recruit students.
Indiana Administrative Code › Title 876 - INDIANA REAL ESTATE COMMISSION › Article 6 - REAL ESTATE SCHOOLS; PRELICENSING EDUCATION; EXAMINATION › Rule 5 - Real Estate Schools; Miscellaneous Prohibitions › Section 5-6 - Real estate schools; performance standard

Current through July 10, 2024
Authority: IC 25-34.1-2-5
Affected: IC 25-34.1-5-9
Sec. 6.
(a) For any approved course, a school shall not have a percentage of its students in any year who pass the broker or salesperson course in their first attempt at a rate of less than fifty percent (50%) of the performance record of all first-time examinees.
(b) The method of calculation of a passing percentage under subsection (a) shall be the percentage of first-time candidates taking the state licensing examination for the year reported.
(c) If a school is in violation of subsection (a), it shall be given notice of the discovered violation and shall have six (6) months to come into compliance with subsection (a), before any action is taken under IC 25-34.1-5-9.
Indiana Administrative Code › Title 876 - INDIANA REAL ESTATE COMMISSION › Article 6 - REAL ESTATE SCHOOLS; PRELICENSING EDUCATION; EXAMINATION › Rule 6 - Licensing Examination › Section 6-1 - Requirements for admission to examination

Current through July 10, 2024
Authority: IC 25-34.1-2-5
Affected: IC 25-34.1-3-4.1
Sec. 1.
(a) Prior to sitting for the broker examination, an applicant for a broker license must have completed the educational requirements established by IC 25-34.1-3-4.1(a)(3) and 876 IAC 6-1 through 876 IAC 6-5.
(b) An applicant who does not pass the applicable examination within one (1) year of completion of the broker course must again comply with the educational requirements established by IC 25-34.1-3-4.1(a)(3) and 876 IAC 6-1 through 876 IAC 6-5 before being entitled to any further taking of the examination.
Indiana Administrative Code › Title 876 - INDIANA REAL ESTATE COMMISSION › Article 6 - REAL ESTATE SCHOOLS; PRELICENSING EDUCATION; EXAMINATION › Rule 6 - Licensing Examination › Section 6-2 - Application for examination; fee

Current through July 10, 2024
Authority: IC 25-1-8-2; IC 25-34.1-2-5
Affected: IC 25-34.1-3-4.1
Sec. 2.
Applicants for licensure as a broker who have completed all requirements for licensure except passing the applicable examination may take the examination upon payment of the applicant's cost of purchasing the examination, payable to the examination service.
Indiana Administrative Code › Title 876 - INDIANA REAL ESTATE COMMISSION › Article 6 - REAL ESTATE SCHOOLS; PRELICENSING EDUCATION; EXAMINATION › Rule 6 - Licensing Examination › Section 6-3 - Examinations; passing score

Current through July 10, 2024
Authority: IC 25-34.1-2-5
Affected: IC 25-34.1-3-3.1; IC 25-34.1-3-4.1
Sec. 3.
(a) The broker examination shall be a standardized examination for the testing of real estate brokers. The examination required of all applicants for licensure shall be divided into the following two (2) sections:
(1) General real estate practices.
(2) Indiana licensure law.
Indiana Administrative Code › Title 876 - INDIANA REAL ESTATE COMMISSION › Article 6 - REAL ESTATE SCHOOLS; PRELICENSING EDUCATION; EXAMINATION › Rule 7 - Transition Requirements for Certain Inactive Brokers to Activate and Certain Referral Status Brokers to be Removed from Referral Status › Section 7-1 - License transition; scope of rule

Current through July 10, 2024
Authority: IC 25-34.1-2-5
Affected: IC 25-34.1-3-10; IC 25-34.1-3-10.5
Sec. 1.
(a) As used in this section, "referral status" has the meaning set forth in IC 25-34.1-3-10.5(a).
(b) As used in this section, "salesperson" has the meaning set forth in IC 25-34.1-3-10.5(b).
(c) This rule establishes the educational and examination requirements for brokers who held:
(1) an inactive salesperson license on June 30, 2014, that became an inactive broker license on July 1, 2014, under IC 25-34.1-3-10(e); or
(2) a salesperson license on referral status on June 30, 2014, that became a broker license on referral status on July 1, 2014, under IC 25-34.1-3-10.5(d);
to activate the inactive license or remove the license from referral status.
Indiana Administrative Code › Title 876 - INDIANA REAL ESTATE COMMISSION › Article 6 - REAL ESTATE SCHOOLS; PRELICENSING EDUCATION; EXAMINATION › Rule 7 - Transition Requirements for Certain Inactive Brokers to Activate and Certain Referral Status Brokers to be Removed from Referral Status › Section 7-2 - Educational requirements

Current through July 10, 2024
Authority: IC 25-34.1-2-5
Affected: IC 25-34.1-4.5
Sec. 2.
(a) This section and sections 3 and 4 of this rule establish the educational requirements for brokers described in section 1(c) of this rule.
(b) The educational course shall be twenty-four (24) hours as provided for in this rule.
Indiana Administrative Code › Title 876 - INDIANA REAL ESTATE COMMISSION › Article 6 - REAL ESTATE SCHOOLS; PRELICENSING EDUCATION; EXAMINATION › Rule 7 - Transition Requirements for Certain Inactive Brokers to Activate and Certain Referral Status Brokers to be Removed from Referral Status › Section 7-3 - Applicability of broker course provisions

Current through July 10, 2024
Authority: IC 25-34.1-2-5
Affected: IC 25-34.1-5-4; IC 25-34.1-5-8
Sec. 3.
(a) The broker course requirements stated in 876 IAC 6-1 through 876 IAC 6-5 shall apply to the twenty-four (24) hour educational course under this rule except for the following, which shall not apply:
(1)
										876 IAC 6-4-1.
(2)
										876 IAC 6-4-4.
(3)
										876 IAC 6-5-6.
Indiana Administrative Code › Title 876 - INDIANA REAL ESTATE COMMISSION › Article 6 - REAL ESTATE SCHOOLS; PRELICENSING EDUCATION; EXAMINATION › Rule 7 - Transition Requirements for Certain Inactive Brokers to Activate and Certain Referral Status Brokers to be Removed from Referral Status › Section 7-4 - Education course; subject matter and hour requirements

Current through July 10, 2024
Authority: IC 25-34.1-2-5
Affected: IC 25-34.1-4.5
Sec. 4.
The subject matter and hour requirements for the twenty-four (24) hour educational course under this rule are as follows:
Subject Area
Number of Hours
BROKERAGE OPERATIONS
Broker Business Operations/Relationships
2
Agency Relationships
1
Law of Contract
2
Listing/Purchase Agreements/Other Forms
2
Closing the Transaction/Procedures/Issues
2
Trust Account Management
1
FINANCING AND APPRAISING
Broker Price Opinion (BPO)/Uniform Standards of Professional Appraisal Practice
2
Financing and Lending Markets
1
Mortgage Fraud
1
Loan Types: Mortgage Markets
1
Credit Scoring
1
GOVERNMENT REGULATIONS
Consumer Legislation
1
Land Use Controls/Environmental Issues
1
INDIANA LICENSE LAW AND PROFESSIONAL STANDARDS
Indiana Real Estate License Law
4
Ethics in Real Estate
2
Indiana Administrative Code › Title 876 - INDIANA REAL ESTATE COMMISSION › Article 6 - REAL ESTATE SCHOOLS; PRELICENSING EDUCATION; EXAMINATION › Rule 7 - Transition Requirements for Certain Inactive Brokers to Activate and Certain Referral Status Brokers to be Removed from Referral Status › Section 7-5 - Examination

Current through July 10, 2024
Authority: IC 25-34.1-2-5
Affected: IC 25-34.1-4.5
Sec. 5.
(a)
									876 IAC 6-6 shall not apply to examinations under this rule.
(b) The examination under this rule shall be an examination for the testing of real estate brokers.
(c) The examination will be administered by the commission's duly appointed agent.
(d) Prior to sitting for the examination under this rule, a broker must have completed the twenty-four (24) hour course under this rule.
(e) An applicant shall be deemed to have passed the examination upon attaining a score of at least seventy percent (70%).
(f) An applicant who does not pass the examination under this rule in three (3) attempts must again complete the course under this rule.
Indiana Administrative Code › Title 876 - INDIANA REAL ESTATE COMMISSION › Article 6 - REAL ESTATE SCHOOLS; PRELICENSING EDUCATION; EXAMINATION › Rule 7 - Transition Requirements for Certain Inactive Brokers to Activate and Certain Referral Status Brokers to be Removed from Referral Status › Section 7-6 - Application

Current through July 10, 2024
Authority: IC 25-34.1-2-5
Affected: IC 25-34.1-3-4.1
Sec. 6.
To activate an inactive license or remove a license from referral status, the broker must:
(1) file an application establishing that the broker meets the requirements of this rule and IC 25-34.1-3-4.1; and
(2) pay the activation of an inactive license fee under 876 IAC 5-3-1.
Indiana Administrative Code › Title 876 - INDIANA REAL ESTATE COMMISSION › Article 6 - REAL ESTATE SCHOOLS; PRELICENSING EDUCATION; EXAMINATION › Rule 7 - Transition Requirements for Certain Inactive Brokers to Activate and Certain Referral Status Brokers to be Removed from Referral Status › Section 7-7 - Miscellaneous provisions

Current through July 10, 2024
Authority: IC 25-34.1-2-5
Affected: IC 25-34.1-4.5
Sec. 7.
(a) An applicant under this rule must have completed either the:
(1) twenty-four (24) hour educational course; or
(2) broker transitional course under 876 IAC 2-15.1 (before its repeal);
no later than one (1) year before the date of application.
Indiana Administrative Code › Title 876 - INDIANA REAL ESTATE COMMISSION › Article 7 - MANAGING BROKER EDUCATION; POSTLICENSURE EDUCATION; CONTINUING EDUCATION; INSTRUCTOR EDUCATION › Rule 1 - Scope of Article › Section 1-1 - Scope of article

Current through July 10, 2024
Authority: IC 25-34.1-9-21
Affected: IC 25-34.1-5
Sec. 1.
This article establishes educational requirements for individuals who hold broker or instructor licenses. It addresses postlicensing education, managing broker education, and continuing education for brokers, managing brokers, and instructors.
Indiana Administrative Code › Title 876 - INDIANA REAL ESTATE COMMISSION › Article 7 - MANAGING BROKER EDUCATION; POSTLICENSURE EDUCATION; CONTINUING EDUCATION; INSTRUCTOR EDUCATION › Rule 2 - Sponsors of Courses; Approval › Section 2-1 - Scope of rule

Current through July 10, 2024
Authority: IC 25-34.1-9-21
Affected: IC 25-1-4; IC 25-34.1-5
Sec. 1.
(a) This rule establishes requirements for the approval of sponsors of courses for postlicensing education, managing broker education, and continuing education for brokers, managing brokers, and instructors.
(b) All education described in subsection (a) is generically continuing education and therefore subject to the requirements applicable to continuing education found in IC 25-1-4, IC 25-34.1, this title, and any other applicable statute or rule except to the extent that the context requires otherwise.
Indiana Administrative Code › Title 876 - INDIANA REAL ESTATE COMMISSION › Article 7 - MANAGING BROKER EDUCATION; POSTLICENSURE EDUCATION; CONTINUING EDUCATION; INSTRUCTOR EDUCATION › Rule 2 - Sponsors of Courses; Approval › Section 2-2 - "Continuing education year" defined

Current through July 10, 2024
Authority: IC 25-34.1-9-21
Affected: IC 25-34.1-5
Sec. 2.
As used in this article, "continuing education year" means the one (1) year period between July 1 of one (1) calendar year and June 30 of the following calendar year.
Indiana Administrative Code › Title 876 - INDIANA REAL ESTATE COMMISSION › Article 7 - MANAGING BROKER EDUCATION; POSTLICENSURE EDUCATION; CONTINUING EDUCATION; INSTRUCTOR EDUCATION › Rule 2 - Sponsors of Courses; Approval › Section 2-3 - "Course" defined

Current through July 10, 2024
Authority: IC 25-34.1-9-21
Affected: IC 25-34.1-5
Sec. 3.
As used in this article, "course" refers to approved postlicensing education, managing broker education, or continuing education provided by a sponsor.
Indiana Administrative Code › Title 876 - INDIANA REAL ESTATE COMMISSION › Article 7 - MANAGING BROKER EDUCATION; POSTLICENSURE EDUCATION; CONTINUING EDUCATION; INSTRUCTOR EDUCATION › Rule 2 - Sponsors of Courses; Approval › Section 2-4 - "Sponsor" defined

Current through July 10, 2024
Authority: IC 25-34.1-9-21
Affected: IC 25-34.1-5
Sec. 4.
As used in this article, "sponsor" means any person or other entity who has been approved by the commission to provide approved courses to brokers or instructors.
Indiana Administrative Code › Title 876 - INDIANA REAL ESTATE COMMISSION › Article 7 - MANAGING BROKER EDUCATION; POSTLICENSURE EDUCATION; CONTINUING EDUCATION; INSTRUCTOR EDUCATION › Rule 2 - Sponsors of Courses; Approval › Section 2-5 - Sponsors; approval

Current through July 10, 2024
Authority: IC 25-34.1-9-21
Affected: IC 25-34.1-5
Sec. 5.
Credit for fulfillment of managing broker education, postlicensing education, and continuing education will be granted only to brokers who have successfully completed courses offered by sponsors approved by the commission.
Indiana Administrative Code › Title 876 - INDIANA REAL ESTATE COMMISSION › Article 7 - MANAGING BROKER EDUCATION; POSTLICENSURE EDUCATION; CONTINUING EDUCATION; INSTRUCTOR EDUCATION › Rule 2 - Sponsors of Courses; Approval › Section 2-6 - Application for sponsor of continuing education courses

Current through July 10, 2024
Authority: IC 25-34.1-9-21
Affected: IC 25-34.1-5
Sec. 6.
(a) Applicants for sponsor approval who do not conduct broker prelicensing courses under IC 25-34.1-5 shall submit the following information:
(1) The:
(A) name;
(B) address;
(C) telephone number;
(D) facsimile (FAX) number (if any); and
(E) e-mail address;
of the sponsor.
Indiana Administrative Code › Title 876 - INDIANA REAL ESTATE COMMISSION › Article 7 - MANAGING BROKER EDUCATION; POSTLICENSURE EDUCATION; CONTINUING EDUCATION; INSTRUCTOR EDUCATION › Rule 2 - Sponsors of Courses; Approval › Section 2-7 - Significant changes

Current through July 10, 2024
Authority: IC 25-34.1-9-21
Affected: IC 25-34.1
Sec. 7.
(a) Any significant changes in the operation of the approved sponsor must be approved by the commission prior to the effective date of the change. Any change in the course outline of a previously approved course or request for approval of a new course must be approved by the commission prior to the course being offered or given. The commission shall review the changes to determine whether or not the sponsor shall continue to be approved. All requests for approval shall be submitted to the commission in electronic format.
(b) Significant changes shall include the following:
(1) Change in ownership of the sponsor.
(2) A new school director.
(3) Any change in course outline.
(4) Any new course to be added.
Indiana Administrative Code › Title 876 - INDIANA REAL ESTATE COMMISSION › Article 7 - MANAGING BROKER EDUCATION; POSTLICENSURE EDUCATION; CONTINUING EDUCATION; INSTRUCTOR EDUCATION › Rule 2 - Sponsors of Courses; Approval › Section 2-8 - Course availability

Current through July 10, 2024
Authority: IC 25-34.1-9-21
Affected: IC 25-34.1
Sec. 8.
All courses shall be available to all brokers.
Indiana Administrative Code › Title 876 - INDIANA REAL ESTATE COMMISSION › Article 7 - MANAGING BROKER EDUCATION; POSTLICENSURE EDUCATION; CONTINUING EDUCATION; INSTRUCTOR EDUCATION › Rule 2 - Sponsors of Courses; Approval › Section 2-9 - Sponsor renewal

Current through July 10, 2024
Authority: IC 25-34.1-9-21
Affected: IC 25-34.1-9-14
Sec. 9.
Under IC 25-34.1-9-14(b), a sponsor of courses shall submit by December 1 of each even-numbered year the following to obtain approval for renewal:
(1) A letter requesting such renewal.
(2) The renewal fee provided for in 876 IAC 5-3-1.
Indiana Administrative Code › Title 876 - INDIANA REAL ESTATE COMMISSION › Article 7 - MANAGING BROKER EDUCATION; POSTLICENSURE EDUCATION; CONTINUING EDUCATION; INSTRUCTOR EDUCATION › Rule 2 - Sponsors of Courses; Approval › Section 2-10 - Facilities

Current through July 10, 2024
Authority: IC 25-34.1-9-21
Affected: IC 25-34.1-5
Sec. 10.
(a) Courses shall be taught in a facility with adequate:
(1) space;
(2) seating;
(3) equipment; and
(4) instructional material;
to accommodate the number of students enrolled.
Indiana Administrative Code › Title 876 - INDIANA REAL ESTATE COMMISSION › Article 7 - MANAGING BROKER EDUCATION; POSTLICENSURE EDUCATION; CONTINUING EDUCATION; INSTRUCTOR EDUCATION › Rule 2 - Sponsors of Courses; Approval › Section 2-11 - School directors

Current through July 10, 2024
Authority: IC 25-34.1-9-21
Affected: IC 25-34.1-5
Sec. 11.
(a) Each sponsor, upon application for sponsor approval, shall designate one (1) individual as its school director.
(b) A sponsor is prohibited from hiring or retaining in its employ, a school director who:
(1) has had real estate license revoked or suspended by any jurisdiction;
(2) has been convicted of a crime that has a direct bearing on the individual's ability to competently be a school director, including, but not necessarily limited to, violations of real estate laws and abuse of fiduciary responsibilities; or
(3) unless authorized by law, refused to appear or testify under oath at any hearing held by the commission.
Indiana Administrative Code › Title 876 - INDIANA REAL ESTATE COMMISSION › Article 7 - MANAGING BROKER EDUCATION; POSTLICENSURE EDUCATION; CONTINUING EDUCATION; INSTRUCTOR EDUCATION › Rule 2 - Sponsors of Courses; Approval › Section 2-12 - Instructors; compliance with rule required

Current through July 10, 2024
Authority: IC 25-34.1-2-5; IC 25-34.1-9-22
Affected: IC 25-34.1-5
Sec. 12.
(a) All courses given by a sponsor must be taught by instructors who hold an instructor permit as required by IC 25-34.1-9-22 and meet the requirements of this rule.
(b) Guest speakers shall be allowed in a continuing education course. However, the instructor shall be present at all times the guest speaker is presenting and shall supervise the guest speaker. A guest speaker shall not be required to hold an instructor permit.
Indiana Administrative Code › Title 876 - INDIANA REAL ESTATE COMMISSION › Article 7 - MANAGING BROKER EDUCATION; POSTLICENSURE EDUCATION; CONTINUING EDUCATION; INSTRUCTOR EDUCATION › Rule 2 - Sponsors of Courses; Approval › Section 2-13 - Sponsor approval date

Current through July 10, 2024
Authority: IC 25-34.1-9-21
Affected: IC 25-34.1
Sec. 13.
Sponsors of courses shall be considered approved as of the date of approval by the commission, and therefore courses predating the approval date do not qualify.
Indiana Administrative Code › Title 876 - INDIANA REAL ESTATE COMMISSION › Article 7 - MANAGING BROKER EDUCATION; POSTLICENSURE EDUCATION; CONTINUING EDUCATION; INSTRUCTOR EDUCATION › Rule 2 - Sponsors of Courses; Approval › Section 2-14 - Course outline

Current through July 10, 2024
Authority: IC 25-34.1-9-21
Affected: IC 25-34.1
Sec. 14.
A course outline shall be prepared and distributed to the attendees. The outline shall state the number of hours offered as approved by the commission.
Indiana Administrative Code › Title 876 - INDIANA REAL ESTATE COMMISSION › Article 7 - MANAGING BROKER EDUCATION; POSTLICENSURE EDUCATION; CONTINUING EDUCATION; INSTRUCTOR EDUCATION › Rule 2 - Sponsors of Courses; Approval › Section 2-15 - Record retention

Current through July 10, 2024
Authority: IC 25-34.1-9-21
Affected: IC 25-34.1
Sec. 15.
(a) The sponsor shall retain a record of attendance for all courses showing date, place, and attendee's name.
(b) The sponsor shall maintain for five (5) years the course records required by subsection (a) and section 6(b)(1) through 6(b)(3) of this rule.
(c) The sponsor may be asked to provide to the commission copies of records required by subsections (a) and (b), section 6(b)(1) through 6(b)(3) of this rule, and section 14 of this rule.
Indiana Administrative Code › Title 876 - INDIANA REAL ESTATE COMMISSION › Article 7 - MANAGING BROKER EDUCATION; POSTLICENSURE EDUCATION; CONTINUING EDUCATION; INSTRUCTOR EDUCATION › Rule 3 - Managing Broker Education and Designation › Section 3-1 - Scope of rule

Current through July 10, 2024
Authority: IC 25-34.1-2-5; IC 25-34.1-4-0.5
Affected: IC 25-34.1-3-4.1
Sec. 1.
This rule establishes requirements for managing broker courses required under IC 25-34.1-4-0.5.
Indiana Administrative Code › Title 876 - INDIANA REAL ESTATE COMMISSION › Article 7 - MANAGING BROKER EDUCATION; POSTLICENSURE EDUCATION; CONTINUING EDUCATION; INSTRUCTOR EDUCATION › Rule 3 - Managing Broker Education and Designation › Section 3-2 - Managing broker designation

Current through July 10, 2024
Authority: IC 25-34.1-2-5; IC 25-34.1-4-0.5
Affected: IC 25-34.1-3-4.1
Sec. 2.
To become a managing broker, an individual must:
(1) hold a broker license for at least two (2) years preceding the date of application;
(2) take and pass twenty-four (24) hours of broker management courses as outlined in section 2 of this rule; and
(3) submit to the commission proof of the courses required by subdivision (2).
Indiana Administrative Code › Title 876 - INDIANA REAL ESTATE COMMISSION › Article 7 - MANAGING BROKER EDUCATION; POSTLICENSURE EDUCATION; CONTINUING EDUCATION; INSTRUCTOR EDUCATION › Rule 3 - Managing Broker Education and Designation › Section 3-3 - Managing broker courses

Current through July 10, 2024
Authority: IC 25-34.1-2-5; IC 25-34.1-4-0.5
Affected: IC 25-34.1-3-4.1
Sec. 3.
To comply with the requirements of section 2 of this rule to become a managing broker, a broker shall complete a total of twenty-four (24) hours of broker management courses consisting of the following instruction:
(1) Eight (8) hours of instruction in introduction to brokerage management that includes the following:
(A) One-half (.5) hour in brokerage business to include:
(i) Primary function of the firm.
(ii) Residential, commercial, leasing, investment.
(iii) Organization structure.
(iv) Licensing (business).
(v) Services to provide.
Indiana Administrative Code › Title 876 - INDIANA REAL ESTATE COMMISSION › Article 7 - MANAGING BROKER EDUCATION; POSTLICENSURE EDUCATION; CONTINUING EDUCATION; INSTRUCTOR EDUCATION › Rule 3 - Managing Broker Education and Designation › Section 3-4 - Managing broker courses

Current through July 10, 2024
Authority: IC 25-34.1-2-5; IC 25-34.1-4-0.5
Affected: IC 25-34.1-3-4.1
Sec. 4.
The twenty-four (24) hours of managing broker education described in section 3 of this rule may be taken in one (1) twenty-four (24) hour course or in three (3) separate eight (8) hour courses with one (1) course consisting of the content required in section 3(1) of this rule, a second course consisting of the content required in section 3(2) of this rule, and a third course consisting of the content required in section 3(3) of this rule.
Indiana Administrative Code › Title 876 - INDIANA REAL ESTATE COMMISSION › Article 7 - MANAGING BROKER EDUCATION; POSTLICENSURE EDUCATION; CONTINUING EDUCATION; INSTRUCTOR EDUCATION › Rule 4 - Postlicensing Education › Section 4-1 - Scope of rule

Current through July 10, 2024
Authority: IC 25-34.1-2-5; IC 25-34.1-3-10
Affected: IC 25-34.1-3-4.1; IC 25-34.1-3-10.5
Sec. 1.
This rule establishes requirements for postlicensing education required under IC 25-34.1-3-4.1(f).
Indiana Administrative Code › Title 876 - INDIANA REAL ESTATE COMMISSION › Article 7 - MANAGING BROKER EDUCATION; POSTLICENSURE EDUCATION; CONTINUING EDUCATION; INSTRUCTOR EDUCATION › Rule 4 - Postlicensing Education › Section 4-2 - Postlicensing education required

Current through July 10, 2024
Authority: IC 25-34.1-2-5; IC 25-34.1-3-10
Affected: IC 25-1-4; IC 25-34.1-9
Sec. 2.
(a) An individual issued a broker license after June 30, 2014, must, during the first two (2) years after the license was issued, take and pass thirty (30) hours of commission approved postlicensing education as provided for in section 3 of this rule.
(b) Failure of a broker to complete the thirty (30) hours of commission approved postlicensing education required by subsection (a) will subject the broker to action under IC 25-1-4.
(c) Completion of thirty (30) hours of postlicensing education as provided for in this rule fully satisfies any continuing education that otherwise would have been required under IC 25-34.1-9 and 876 IAC 7-5 for two (2) continuing education years. The continuing education year during which the broker is initially licensed shall not count toward calculating the two (2) continuing education years. Therefore, the broker shall not be required to obtain continuing education under IC 25-34.1-9 and 876 IAC 7-5 until the third continuing education year after the continuing education year in progress when the broker is initially licensed.
Indiana Administrative Code › Title 876 - INDIANA REAL ESTATE COMMISSION › Article 7 - MANAGING BROKER EDUCATION; POSTLICENSURE EDUCATION; CONTINUING EDUCATION; INSTRUCTOR EDUCATION › Rule 4 - Postlicensing Education › Section 4-3 - Approved postlicensing educational courses

Current through July 10, 2024
Authority: IC 25-34.1-2-5; IC 25-34.1-3-10
Affected: IC 25-34.1-3-4.1; IC 25-34.1-3-10.5
Sec. 3.
A broker must complete within the first two (2) years of licensure thirty (30) hours of approved postlicensing education consisting of the following:
(1) Six (6) hours of instruction in Indiana real estate transactions that includes the following:
(A) Unauthorized practice of law as follows:
(i) The dangers of unauthorized practice of law by real estate brokers.
(ii) Penalties.
(iii) Indiana State Bar Association vs. Indiana Real Estate Association, 1963.
Indiana Administrative Code › Title 876 - INDIANA REAL ESTATE COMMISSION › Article 7 - MANAGING BROKER EDUCATION; POSTLICENSURE EDUCATION; CONTINUING EDUCATION; INSTRUCTOR EDUCATION › Rule 4 - Postlicensing Education › Section 4-4 - Postlicensure education required

Current through July 10, 2024
Authority: IC 25-34.1-2-5; IC 25-34.1-3-10
Affected: IC 25-34.1-3-4.1; IC 25-34.1-3-10.5
Sec. 4.
The thirty (30) hours of postlicensing education described in section 3 of this rule may be taken in one (1) thirty (30) hour course or in five (5) separate courses with:
(1) one (1) course consisting of the content required in section 3(1) of this rule;
(2) a second course consisting of the content required in section 3(2) of this rule;
(3) a third course consisting of the content required in section 3(3) of this rule;
(4) a fourth course consisting of the content required by section 3(4) of this rule;
(5) a fifth course consisting of the content required by section 3(5) of this rule; and
(6) a sixth course consisting of the content required by section 3(6) of this rule.
Indiana Administrative Code › Title 876 - INDIANA REAL ESTATE COMMISSION › Article 7 - MANAGING BROKER EDUCATION; POSTLICENSURE EDUCATION; CONTINUING EDUCATION; INSTRUCTOR EDUCATION › Rule 5 - Broker Continuing Education; Managing Broker Continuing Education; Instructor Continuing Education › Section 5-1 - Continuing education requirements

Current through July 10, 2024
Authority: IC 25-34.1-9-21
Affected: IC 25-34.1
Sec. 1.
(a) Every licensed real estate broker who has not been granted:
(1) an inactive license under IC 25-34.1-3-10; or
(2) a waiver under IC 25-34.1-9-19; must complete at least twelve (12) hours per continuing education year of approved education courses under IC 25-34.1-9-11 and this article that are given by commission-approved sponsors.
Indiana Administrative Code › Title 876 - INDIANA REAL ESTATE COMMISSION › Article 7 - MANAGING BROKER EDUCATION; POSTLICENSURE EDUCATION; CONTINUING EDUCATION; INSTRUCTOR EDUCATION › Rule 5 - Broker Continuing Education; Managing Broker Continuing Education; Instructor Continuing Education › Section 5-2 - Continuing education requirements for managing brokers

Current through July 10, 2024
Authority: IC 25-34.1-9-21
Affected: IC 25-34.1-9-11
Sec. 2.
(a) Under IC 25-34.1-9-11, at least four (4) hours of the twelve (12) hours a broker that holds a managing broker designation is required to obtain in a continuing education year must be dedicated to the necessary business and management skills and legal knowledge needed by a managing broker.
(b) The four (4) hour requirement under subsection (a) shall apply in any continuing education year that the broker functions as a managing broker for any period of time.
Indiana Administrative Code › Title 876 - INDIANA REAL ESTATE COMMISSION › Article 7 - MANAGING BROKER EDUCATION; POSTLICENSURE EDUCATION; CONTINUING EDUCATION; INSTRUCTOR EDUCATION › Rule 5 - Broker Continuing Education; Managing Broker Continuing Education; Instructor Continuing Education › Section 5-3 - Continuing education requirements for instructors

Current through July 10, 2024
Authority: IC 25-34.1-9-21
Affected: IC 25-34.1
Sec. 3.
(a) As provided for by IC 25-34.1-5-13 and IC 25-34.1-9-12, an individual who holds a prelicensing instructor permit under IC 25-34.1-5-13 or a continuing education instructor permit under IC 25-34.1-9-22 shall complete a minimum of four (4) hours per continuing education year of continuing education specific to providing real estate instruction.
(b) Continuing education completed to satisfy this section shall also count toward the continuing education requirement for a broker under IC 25-34.1-9-11.
(c) Provisions in 876 IAC 7-2, this rule, and 876 IAC 7-6 that apply to broker continuing education shall apply to instructor continuing education unless the context clearly requires otherwise.
Indiana Administrative Code › Title 876 - INDIANA REAL ESTATE COMMISSION › Article 7 - MANAGING BROKER EDUCATION; POSTLICENSURE EDUCATION; CONTINUING EDUCATION; INSTRUCTOR EDUCATION › Rule 5 - Broker Continuing Education; Managing Broker Continuing Education; Instructor Continuing Education › Section 5-4 - Curricula for brokers under IC 25-34.1-9-11(a)(1)

Current through July 10, 2024
Authority: IC 25-34.1-9-21
Affected: IC 25-34.1-9-11
Sec. 4.
(a) This section establishes the twelve (12) hour per continuing education year continuing education requirement under IC 25-34.1-9-11(a)(1) for brokers.
(b) To qualify for license renewal, brokers must have completed continuing education courses approved by the commission in any of the following subjects:
(1) The subjects listed in IC 25-34.1-9-11(a).
(2) Environmental issues.
(3) Ethics and standards.
(4) Time-shares, condominiums, and cooperatives.
(5) Investment real estate analysis.
(6) Any other course approved by the commission relating to real estate practices that is designed to directly enhance the broker's knowledge and skill in providing real estate services.
Indiana Administrative Code › Title 876 - INDIANA REAL ESTATE COMMISSION › Article 7 - MANAGING BROKER EDUCATION; POSTLICENSURE EDUCATION; CONTINUING EDUCATION; INSTRUCTOR EDUCATION › Rule 5 - Broker Continuing Education; Managing Broker Continuing Education; Instructor Continuing Education › Section 5-5 - Course qualifications

Current through July 10, 2024
Authority: IC 25-34.1-9-21
Affected: IC 25-34.1-5
Sec. 5.
(a) All courses must be instructional and contribute to professional competence in the practice of real estate by being designed to directly enhance the broker's knowledge and skill in providing real estate services.
(b) The following courses do not qualify:
(1) Examination preparation.
(2) Sales meetings.
(3) In-house training sessions.
(4) Correspondence.
(5) Motivational classes or seminars.
Indiana Administrative Code › Title 876 - INDIANA REAL ESTATE COMMISSION › Article 7 - MANAGING BROKER EDUCATION; POSTLICENSURE EDUCATION; CONTINUING EDUCATION; INSTRUCTOR EDUCATION › Rule 5 - Broker Continuing Education; Managing Broker Continuing Education; Instructor Continuing Education › Section 5-6 - Renewal applications

Current through July 10, 2024
Authority: IC 25-34.1-9-21
Affected: IC 25-1-4; IC 25-1-11; IC 25-34.1
Sec. 6.
(a) An applicant for license renewal shall certify on the application that the applicant has complied with the continuing education requirements under IC 25-34.1 and this article for each continuing education year during the three (3) year licensure period that ends on the expiration date of the license if it were not renewed.
(b) The commission may request verification of any information submitted by the applicant and may request the applicant to submit evidence supporting the course credit claimed.
(c) It is the responsibility of each broker to retain sponsor course attendance verification to support the courses taken by the broker for three (3) years after the end of the three (3) year licensure period for which the continuing education is claimed.
(d) The commission may request applicants to prove information as provided in subsection (c) in order to verify continuing education hours claimed in the application. Failure to do so shall subject a broker to the action under IC 25-1-4.
Indiana Administrative Code › Title 876 - INDIANA REAL ESTATE COMMISSION › Article 7 - MANAGING BROKER EDUCATION; POSTLICENSURE EDUCATION; CONTINUING EDUCATION; INSTRUCTOR EDUCATION › Rule 5 - Broker Continuing Education; Managing Broker Continuing Education; Instructor Continuing Education › Section 5-7 - Commission review of continuing education compliance

Current through July 10, 2024
Authority: IC 25-34.1-9-21
Affected: IC 25-1-4; IC 25-1-11; IC 25-34.1-9
Sec. 7.
(a) If, as the result of an audit or other review, the commission determines that the continuing education hours a broker has claimed do not meet the requirements of IC 25-34.1-9 and this article, the commission may take action under IC 25-1-4.
(b) A broker who submits false information under section 6 of this rule or this section shall be subject to action under IC 25-1-4 or sanctions provided for under IC 25-1-11, or both, as appropriate.
Indiana Administrative Code › Title 876 - INDIANA REAL ESTATE COMMISSION › Article 7 - MANAGING BROKER EDUCATION; POSTLICENSURE EDUCATION; CONTINUING EDUCATION; INSTRUCTOR EDUCATION › Rule 5 - Broker Continuing Education; Managing Broker Continuing Education; Instructor Continuing Education › Section 5-8 - Inactive license

Current through July 10, 2024
Authority: IC 25-34.1-9-21
Affected: IC 25-34.1-3-10
Sec. 8.
(a) A broker applying for license renewal may request an inactive license under IC 25-34.1-3-10 by complying with that section and certifying under penalty of perjury that the applicant will not perform and does not intend to perform an act that requires a broker license.
(b) Brokers, both assigned and unassigned, may request an inactive license under subsection (a). By doing so, they are removed from their previous status and become holders of inactive licenses.
Indiana Administrative Code › Title 876 - INDIANA REAL ESTATE COMMISSION › Article 7 - MANAGING BROKER EDUCATION; POSTLICENSURE EDUCATION; CONTINUING EDUCATION; INSTRUCTOR EDUCATION › Rule 5 - Broker Continuing Education; Managing Broker Continuing Education; Instructor Continuing Education › Section 5-9 - License activation

Current through July 10, 2024
Authority: IC 25-34.1-9-21
Affected: IC 25-34.1-9-11
Sec. 9.
(a) In order to reactivate an inactive license at the time of license renewal, the broker must have obtained all hours of continuing education that would have been required for renewal had the license been active.
(b) In order to reactivate an inactive license during a three (3) year licensure period, the broker must obtain the twelve (12) hours for the current continuing education year and pay the activation fee established in 876 IAC 5-3-1.
(c) A broker who has reactivated the broker's license during a three (3) year licensure period under subsection (b) must obtain the twelve (12) hours of continuing education for each full continuing education year remaining in the licensure period.
Indiana Administrative Code › Title 876 - INDIANA REAL ESTATE COMMISSION › Article 7 - MANAGING BROKER EDUCATION; POSTLICENSURE EDUCATION; CONTINUING EDUCATION; INSTRUCTOR EDUCATION › Rule 5 - Broker Continuing Education; Managing Broker Continuing Education; Instructor Continuing Education › Section 5-10 - License reinstatements; continuing education requirements

Current through July 10, 2024
Authority: IC 25-34.1-9-21
Affected: IC 25-34.1-3-3.1; IC 25-34.1-3-4.1
Sec. 10.
To reinstate an expired license, a broker must have obtained thirty-six (36) hours of continuing education within the three (3) years prior to applying for reinstatement. However, if the application for reinstatement is filed three (3) years or less after the expiration of the license, any continuing education obtained during the last licensure period the broker was licensed may count toward this requirement.
Indiana Administrative Code › Title 876 - INDIANA REAL ESTATE COMMISSION › Article 7 - MANAGING BROKER EDUCATION; POSTLICENSURE EDUCATION; CONTINUING EDUCATION; INSTRUCTOR EDUCATION › Rule 6 - Distance Learning Continuing Education › Section 6-1 - "Distance learning continuing education" defined

Current through July 10, 2024
Authority: IC 25-34.1-9-21
Affected: IC 25-34.1
Sec. 1.
"Distance learning continuing education" means education designed for licensed professional learners who choose to complete continuing education outside the normal classroom setting as allowed by this rule. The term includes enrollment and study with an educational institution that provides organized, formal learning opportunities for professionals seeking to remain current on the high standards of their profession and abreast of the changes in their field. Presented in a sequential and logical order, the instruction:
(1) is offered wholly or primarily by distance study, through virtually any media; and
(2) may incorporate or make use of various media formats, including, but not limited to:
(A) printed materials;
(B) communication technologies; and
(C) Internet based delivery systems.