reglab/statecodes huggingface dataset:
Indiana Administrative Code › Title 876 - INDIANA REAL ESTATE COMMISSION › Article 4 - REAL ESTATE CONTINUING EDUCATION (REPEALED) › Rule 1 - Sponsors of Courses; Approval › Section 1-6 - Facilities

Current through July 10, 2024
Authority: IC 25-34.1-9-21
Affected: IC 25-34.1-5
Sec. 6.
(a) No course
				shall be conducted in a facility that is also used as a broker or salesperson
				office, except for an approved distance learning continuing education
				program.
(b) 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Administrative Code › Title 876 - INDIANA REAL ESTATE COMMISSION › Article 4 - REAL ESTATE CONTINUING EDUCATION (REPEALED) › Rule 1 - Sponsors of Courses; Approval › Section 1-7 - School directors

Current through July 10, 2024
Authority: IC 25-34.1-9-21
Affected: IC 25-34.1-5
Sec. 7.
(a) Each
				continuing education course sponsor, upon application for continuing education
				course sponsor approval, shall designate one (1) individual as its school
				director.
(b) A continuing
				education course 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 which 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Administrative Code › Title 876 - INDIANA REAL ESTATE COMMISSION › Article 4 - REAL ESTATE CONTINUING EDUCATION (REPEALED) › Rule 1 - Sponsors of Courses; Approval › Section 1-8 - Instructors; qualifications

Current through July 10, 2024
Authority: IC 25-34.1-9-21
Affected: IC 25-34.1-5
Sec. 8.
(a)
				Continuing education course sponsors shall affirm, upon application for
				continuing education course sponsor approval, that the course instructors shall
				possess at least one (1) of the following minimum qualifications:
(1) An instructor of real estate courses who
				is or has been engaged in the practice of teaching at an accredited institution
				of higher education.
(2) An
				instructor for a broker or salesperson course approved under IC
				25-34.1-5.
(3) Possession of a
				bachelor's degree from a college or university in a related field to that in
				which the person is to teach or a comparable degree from a school of a foreign
				country.
(4) Five (5) years
				full-time experience in a profession, trade, or technical occupation in the
				real estate field.
(5) A
				combination of a total of five (5) years of:
(A) full-time experience relevant to the real
				estate field; and
(B) a college
				level education.
The combination may include no more than three (3) years of
				  such education.
(6) Member of the state bar of Indiana who is
				engaged in the field of real estate related law.
Indiana Administrative Code › Title 876 - INDIANA REAL ESTATE COMMISSION › Article 4 - REAL ESTATE CONTINUING EDUCATION (REPEALED) › Rule 1 - Sponsors of Courses; Approval › Section 1-9 - Sponsor approval date

Current through July 10, 2024
Authority: IC 25-34.1-9-21
Affected: IC 25-34.1
Sec. 9.
Sponsors of both salesperson or broker continuing education
				  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 4 - REAL ESTATE CONTINUING EDUCATION (REPEALED) › Rule 1 - Sponsors of Courses; Approval › Section 1-10 - Course outline

Current through July 10, 2024
Authority: IC 25-34.1-9-21
Affected: IC 25-34.1
Sec. 10.
A course outline shall be prepared and distributed to the
				  attendees. The outline shall state the number of continuing education hours
				  offered.
Indiana Administrative Code › Title 876 - INDIANA REAL ESTATE COMMISSION › Article 4 - REAL ESTATE CONTINUING EDUCATION (REPEALED) › Rule 1 - Sponsors of Courses; Approval › Section 1-11 - Record retention

Current through July 10, 2024
Authority: IC 25-34.1-9-21
Affected: IC 25-34.1
Sec. 11.
(a) The
				sponsor shall retain a record of attendance for all courses showing date,
				place, and attendee's name. This record must be signed by the
				instructor.
(b) The sponsor shall
				maintain for five (5) years the course records required by subsection (a) and
				section 2(b)(1) through 2(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
				2(b)(1) through 2(b)(3) of this rule, and section 10 of this rule.
Indiana Administrative Code › Title 876 - INDIANA REAL ESTATE COMMISSION › Article 4 - REAL ESTATE CONTINUING EDUCATION (REPEALED) › Rule 2 - Course Requirements › Section 2-1 - Continuing education requirements

Current through July 10, 2024
Authority: IC 25-34.1-9-21
Affected: IC 25-34.1-3-10; IC 25-34.1-9-11; IC
				  25-34.1-9-19
Sec. 1.
(a) Every
				licensed real estate broker and salesperson 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 during each two (2) year licensure period at
				  least sixteen (16) hours of the approved education requirements under IC
				  25-34.1-9-11 and this article that are given by commission-approved sponsors of
				  courses in order to qualify for license renewal.
Indiana Administrative Code › Title 876 - INDIANA REAL ESTATE COMMISSION › Article 4 - REAL ESTATE CONTINUING EDUCATION (REPEALED) › Rule 2 - Course Requirements › Section 2-2 - Curricula for salesperson 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. 2.
(a) This
				section establishes the six (6) hour continuing education requirement under IC
				25-34.1-9-11(a)(1) for salespersons.
(b) To qualify for license renewal,
				salespersons must have two (2) hours of continuing education instruction in
				three (3) of the following:
(1) Indiana
				licensure and escrow law.
(2)
				Indiana agency law.
(3) Fair
				housing and civil rights law.
(4)
				Listing contracts and purchase agreements.
(5) Settlement procedures.
(6) Antitrust.
(7) Environmental issues.
(8) Ethics and standards.
Indiana Administrative Code › Title 876 - INDIANA REAL ESTATE COMMISSION › Article 4 - REAL ESTATE CONTINUING EDUCATION (REPEALED) › Rule 2 - Course Requirements › Section 2-3 - 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. 3.
(a) This
				section establishes the six (6) hour continuing education requirement under IC
				25-34.1-9-11(a)(1) for brokers.
(b) To qualify for license renewal, brokers
				must have two (2) hours of continuing education instruction in three (3) of the
				following:
(1) Indiana licensure and escrow
				law.
(2) Indiana agency
				law.
(3) Fair housing and civil
				rights law.
(4) Listing contracts
				and purchase agreements.
(5)
				Settlement procedures.
(6)
				Antitrust.
(7) Environmental
				issues.
(8) Ethics and
				standards.
Indiana Administrative Code › Title 876 - INDIANA REAL ESTATE COMMISSION › Article 4 - REAL ESTATE CONTINUING EDUCATION (REPEALED) › Rule 2 - Course Requirements › Section 2-3.1 - Curricula for brokers under IC 25-34.1-9-11.1

Current through July 10, 2024
Authority: IC 25-34.1-9-21
Affected: IC 25-34.1-9-11.1
Sec. 3.1.
(a) This
				section establishes requirements for the eight (8) hours of continuing
				education that real estate brokers are required by IC 25-34.1-9-11.1 to obtain
				between July 1, 2013, and June 30, 2014.
(b) At least two (2) hours of the eight (8)
				hours of continuing education required by IC 25-34.1-9-11.1 shall be in Indiana
				real estate licensure law. Those two (2) hours must address the legislative
				changes enacted in P.L. 127-2012 (Senate Enrolled Act No. 275).
Indiana Administrative Code › Title 876 - INDIANA REAL ESTATE COMMISSION › Article 4 - REAL ESTATE CONTINUING EDUCATION (REPEALED) › Rule 2 - Course Requirements › Section 2-3.5 - Outline for curricula for salespersons and 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. 3.5.
(a) Except
				as allowed by subsection (b), the subject areas required in sections 2 and 3 of
				this rule shall be taught under the following recommended outlines:
(1) The following under the Indiana licensure
				and escrow law:
(A) Purpose and basic
				provisions of licensing statutes and administrative rules.
(B) Real estate broker and salesperson
				licensure requirements.
(C)
				Educational requirements.
(D)
				Enforcement of statutes and rules.
(E) Seller agency.
(F) Buyer agency.
(G) Limited agency.
(H) Disclosure issues.
(I) Unlicensed assistants.
(J) Current topics of importance.
Indiana Administrative Code › Title 876 - INDIANA REAL ESTATE COMMISSION › Article 4 - REAL ESTATE CONTINUING EDUCATION (REPEALED) › Rule 2 - Course Requirements › Section 2-4 - Curricula under IC 25-34.1-9-11(2)

Current through July 10, 2024
Authority: IC 25-34.1-9-21
Affected: IC 25-34.1-9-11
Sec. 4. In addition to the subjects listed in IC
				  25-34.1-9-11(2), the following course subjects shall be allowed toward meeting
				  the required ten (10) hours of course work:
(1) Subjects listed in IC
				25-34.1-9-11(1).
(2) Property
				management, including lease agreements, accounting procedures, and management
				contracts.
(3) Timeshares,
				condominiums, and cooperatives.
(4)
				Industrial brokerage and leasing.
(5) Investment real estate
				analysis.
(6) Any course approved
				by the commission relating to real estate practices.
Indiana Administrative Code › Title 876 - INDIANA REAL ESTATE COMMISSION › Article 4 - REAL ESTATE CONTINUING EDUCATION (REPEALED) › Rule 2 - Course Requirements › Section 2-5 - 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.
(b) The
				following courses do not qualify:
(1) Real
				estate broker or salesperson prelicensing courses under IC 25-34.1-Sec.
				5.
(2) Examination
				preparation.
(3) Sales
				meetings.
(4) In-house training
				sessions.
(5)
				Correspondence.
(6) Motivational
				classes or seminars.
Indiana Administrative Code › Title 876 - INDIANA REAL ESTATE COMMISSION › Article 4 - REAL ESTATE CONTINUING EDUCATION (REPEALED) › Rule 2 - Course Requirements › Section 2-6 - Renewal applications

Current through July 10, 2024
Authority: IC 25-34.1-9-21
Affected: 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.
(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 licensee to retain sponsor course attendance
				verification to support the courses taken by the licensee for four (4) years
				after the end of the biennial 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 licensee to the sanctions provided for under IC
				25-1-11.
Indiana Administrative Code › Title 876 - INDIANA REAL ESTATE COMMISSION › Article 4 - REAL ESTATE CONTINUING EDUCATION (REPEALED) › Rule 2 - Course Requirements › Section 2-7 - Commission review of continuing education compliance

Current through July 10, 2024
Authority: IC 25-34.1-9-21
Affected: 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
				continuing education hours a licensee has claimed do not meet the requirements
				of IC 25-34.1-9 and this article, the commission shall notify the licensee of
				that determination.
(b) A licensee,
				who has been notified under subsection (a), may within thirty (30) days submit
				information to the commission giving all the substantive reasons in support of
				the licensee's position that an adequate number of hours has been
				obtained.
(c) A licensee who
				submits false information under section 6 of this rule or this section shall be
				subject to the sanctions provided for under IC 25-1-11.
Indiana Administrative Code › Title 876 - INDIANA REAL ESTATE COMMISSION › Article 4 - REAL ESTATE CONTINUING EDUCATION (REPEALED) › Rule 2 - Course Requirements › Section 2-8 - Inactive license

Current through July 10, 2024
Authority: IC 25-34.1-9-21
Affected: IC 25-34.1-3-10
Sec. 8.
(a) An
				applicant 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 salesperson license or broker license.
(b) Brokers who are broker salespersons and
				both assigned and unassigned salespersons 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 4 - REAL ESTATE CONTINUING EDUCATION (REPEALED) › Rule 2 - Course Requirements › Section 2-9 - 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 licensee
				must have obtained all sixteen (16) 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 two (2) year licensure period, the licensee must obtain the
				six (6) hours of continuing education required by IC 25-34.1-9-11(a)(1) for
				that two (2) year licensure period and pay the transfer fee established in
				876 IAC
				2-18-1.
(c) A licensee who has reactivated the
				licensee's license during a two (2) year licensure period under subsection (b)
				must obtain the ten (10) hours of continuing education required by IC
				25-34.1-9-11(a)(2) in order to renew the license at the end of the two (2) year
				licensure period.
Indiana Administrative Code › Title 876 - INDIANA REAL ESTATE COMMISSION › Article 4 - REAL ESTATE CONTINUING EDUCATION (REPEALED) › Rule 2 - Course Requirements › Section 2-10 - 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.
A licensee who does not obtain the required continuing
				  education hours during a two (2) year licensure period does not qualify for
				  renewal of the license unless the licensee has a waiver under section 8 of this
				  rule. However, such licensee may cure that deficiency by obtaining the
				  continuing education hours in the next two (2) year licensure period and
				  applying for reinstatement of the license under the provisions of IC
				  25-34.1-3-3.1(f) or IC 25-34.1-3-4.1(h). Continuing education hours obtained to
				  cure a deficiency in a prior two (2) year licensure period shall not be double
				  counted by also being included in the licensing period in progress when they
				  are obtained.
Indiana Administrative Code › Title 876 - INDIANA REAL ESTATE COMMISSION › Article 4 - REAL ESTATE CONTINUING EDUCATION (REPEALED) › Rule 2 - Course Requirements › Section 2-11 - Waiver of continuing education requirements due to hardship

Current through July 10, 2024
Authority: IC 25-34.1-9-21
Affected: IC 25-34.1-9-11; IC 25-34.1-9-19
Sec. 11.
(a) An
				applicant for license renewal who was unable to fulfill the continuing
				education requirements under IC 25-34.1-9-11 may be granted a waiver of the
				continuing education requirement by the commission under IC
				25-34.1-9-19(1).
(b) An applicant
				requesting a waiver of continuing education requirements under subsection (a)
				shall certify under penalty of perjury that the applicant was unable to fulfill
				the continuing education due to a hardship resulting from the following:
(1) Service in the armed forces of the United
				States for one (1) year or more of the two (2) year licensure period.
(2) An incapacitating illness which has
				prevented either part-time or full-time employment for at least twelve (12)
				months of the two (2) year licensure period.
Indiana Administrative Code › Title 876 - INDIANA REAL ESTATE COMMISSION › Article 4 - REAL ESTATE CONTINUING EDUCATION (REPEALED) › Rule 3 - Distance Learning Continuing Education › Section 3-1 - "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 live at a distance from the
				  teaching institution or education provider. 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.
Indiana Administrative Code › Title 876 - INDIANA REAL ESTATE COMMISSION › Article 4 - REAL ESTATE CONTINUING EDUCATION (REPEALED) › Rule 3 - Distance Learning Continuing Education › Section 3-2 - Distance learning continuing education requirements

Current through July 10, 2024
Authority: IC 25-34.1-9-21
Affected: IC 25-34.1
Sec. 2.
(a) Distance
				learning courses must meet the requirements of section 3 of this rule and at
				least one (1) of the following:
(1) Courses
				that meet the requirements of section 4 of this rule.
(2) Courses for which the applicant provides
				satisfactory documentation that the continuing education course offered has
				been certified by a national accrediting organization. Any commission approval
				based on such certification will cease immediately upon notice from the
				accrediting organization that certification of the continuing education course
				has been discontinued for any reason.
(3) Courses completed for academic credit at
				an accredited university or college.
Indiana Administrative Code › Title 876 - INDIANA REAL ESTATE COMMISSION › Article 4 - REAL ESTATE CONTINUING EDUCATION (REPEALED) › Rule 3 - Distance Learning Continuing Education › Section 3-3 - Distance learning continuing education courses

Current through July 10, 2024
Authority: IC 25-34.1-9-21
Affected: IC 25-34.1
Sec. 3.
The commission shall approve a distance learning continuing
				  education course if the commission determines to its satisfaction the
				  following:
(1) The distance learning
				continuing education course serves to protect the public by contributing to the
				maintenance and improvement of the quality of the real estate services provided
				by the real estate licensees to the public.
(2) An appropriate and complete application
				has been filed with the commission.
(3) The distance learning continuing
				education course meets the content requirements as prescribed in
				876
				IAC 4-2-2 and
				876 IAC
				4-2-3.
(4)
				The course complies with sections 5 through 7 of this rule as
				applicable.
(5) The distance
				learning continuing education course meets all other requirements as prescribed
				in IC 25-34.1-9 and this article.
Indiana Administrative Code › Title 876 - INDIANA REAL ESTATE COMMISSION › Article 4 - REAL ESTATE CONTINUING EDUCATION (REPEALED) › Rule 3 - Distance Learning Continuing Education › Section 3-4 - Approval of distance learning continuing education

Current through July 10, 2024
Authority: IC 25-34.1-9-21
Affected: IC 25-34.1
Sec. 4.
In order for a distance learning continuing education course
				  to meet the requirements of section 2(a)(1) of this rule, the provider shall
				  submit the following information:
(1)
				Mission and objectives, as follows:
(A) A
				statement that clearly defines the mission of the provider's educational
				programs.
(B) The specific
				curricular objectives for the course.
(C) A plan for periodic review of the
				following:
(i) The mission
				statement.
(ii) Curricular
				objectives.
Indiana Administrative Code › Title 876 - INDIANA REAL ESTATE COMMISSION › Article 4 - REAL ESTATE CONTINUING EDUCATION (REPEALED) › Rule 3 - Distance Learning Continuing Education › Section 3-5 - Distance learning continuing education courses by correspondence

Current through July 10, 2024
Authority: IC 25-34.1-9-21
Affected: IC 25-34.1
Sec. 5.
Licensees may take distance learning continuing education
				  courses by correspondence so long as the courses meet the following criteria:
(1) All courses must provide a test,
				and the participant must score at least seventy-five percent (75%) to pass and
				receive credit for the course.
(2)
				Tests must have multiple choice questions with at least twenty (20) questions
				per two (2) hours of instruction. The following types of questions are not
				allowed:
(A) True or false.
(B) Essay.
Indiana Administrative Code › Title 876 - INDIANA REAL ESTATE COMMISSION › Article 4 - REAL ESTATE CONTINUING EDUCATION (REPEALED) › Rule 3 - Distance Learning Continuing Education › Section 3-6 - Video instruction distance learning continuing education

Current through July 10, 2024
Authority: IC 25-34.1-9-21
Affected: IC 25-34.1
Sec. 6.
Licensees may take distance learning continuing education
				  courses by video instruction so long as the courses meet the following
				  criteria:
(1) All courses must provide
				a test, and the participant must score at least seventy-five percent (75%) to
				pass and receive credit for the course.
(2) Tests must have multiple choice questions
				with at least twenty (20) questions per two (2) hours of instruction. The
				following types of questions are not allowed:
(A) True or false.
(B) Essay.
Indiana Administrative Code › Title 876 - INDIANA REAL ESTATE COMMISSION › Article 4 - REAL ESTATE CONTINUING EDUCATION (REPEALED) › Rule 3 - Distance Learning Continuing Education › Section 3-7 - Internet distance learning continuing education

Current through July 10, 2024
Authority: IC 25-34.1-9-21
Affected: IC 25-34.1
Sec. 7.
Licensees may take continuing education courses via the
				  Internet so long as the courses meet the following criteria:
(1) All courses must provide a test, and the
				participant must score at least seventy-five percent (75%) to pass and receive
				credit for the course.
(2) Tests
				must have multiple choice questions with at least twenty (20) questions per two
				(2) hours of instruction. The following types of questions are not allowed:
(A) True or false.
(B) Essay.
Indiana Administrative Code › Title 876 - INDIANA REAL ESTATE COMMISSION › Article 5 - GENERAL PROVISIONS › Rule 1 - Authority; Purpose › Section 1-1 - Authority; purpose

Current through July 10, 2024
Authority: IC 25-34.1-2-5
Affected: IC 25-1-11; IC 25-34.1
Sec. 1.
The fundamental and primary purpose of the commission is to safeguard the public interest through the following:
(1) Encouraging and requiring high standards of knowledge.
(2) Encouraging ethical practices.
(3) Disciplining of brokers who engage in dishonest, fraudulent, or criminal activities.
(4) Causing the discipline of persons who violate IC 25-1-11, IC 25-34.1, or this title.
Indiana Administrative Code › Title 876 - INDIANA REAL ESTATE COMMISSION › Article 5 - GENERAL PROVISIONS › Rule 2 - Definitions › Section 2-1 - Definitions

Current through July 10, 2024
Authority: IC 25-34.1-2-5; IC 25-34.1-2-5.1
Affected: IC 25-34.1-3-2; IC 25-34.1-5
Sec. 1.
The definitions in this rule apply throughout this title.
Indiana Administrative Code › Title 876 - INDIANA REAL ESTATE COMMISSION › Article 5 - GENERAL PROVISIONS › Rule 2 - Definitions › Section 2-2 - "Branch manager" defined

Current through July 10, 2024
Authority: IC 25-34.1-2-5; IC 25-34.1-2-5.1
Affected: IC 25-34.1-3-2; IC 25-34.1-5
Sec. 2.
"Branch manager" means an individual broker who manages a branch office.
Indiana Administrative Code › Title 876 - INDIANA REAL ESTATE COMMISSION › Article 5 - GENERAL PROVISIONS › Rule 2 - Definitions › Section 2-3 - "Branch office" defined

Current through July 10, 2024
Authority: IC 25-34.1-2-5; IC 25-34.1-2-5.1
Affected: IC 25-34.1-3-2; IC 25-34.1-5
Sec. 3.
"Branch office" means a broker company's office other than its principal place of business.
Indiana Administrative Code › Title 876 - INDIANA REAL ESTATE COMMISSION › Article 5 - GENERAL PROVISIONS › Rule 2 - Definitions › Section 2-4 - "Broker" defined

Current through July 10, 2024
Authority: IC 25-34.1-2-5; IC 25-34.1-2-5.1
Affected: IC 25-34.1-3-2; IC 25-34.1-5
Sec. 4.
"Broker" refers to a person who holds a valid broker license issued by the commission to practice real estate as described in IC 25-34.1-3-2.
Indiana Administrative Code › Title 876 - INDIANA REAL ESTATE COMMISSION › Article 5 - GENERAL PROVISIONS › Rule 2 - Definitions › Section 2-5 - "Broker company" defined

Current through July 10, 2024
Authority: IC 25-34.1-2-5; IC 25-34.1-2-5.1
Affected: IC 25-34.1-3-2; IC 25-34.1-5
Sec. 5.
"Broker company" means any business licensed as a broker to practice real estate as described in IC 25-34.1-3-2 whether as a sole proprietorship, partnership, limited liability company, or corporation. For sole proprietorships, the sole proprietor's individual broker license is the business license.
Indiana Administrative Code › Title 876 - INDIANA REAL ESTATE COMMISSION › Article 5 - GENERAL PROVISIONS › Rule 2 - Definitions › Section 2-6 - "Commission" defined

Current through July 10, 2024
Authority: IC 25-34.1-2-5; IC 25-34.1-2-5.1
Affected: IC 25-34.1-2-1
Sec. 6.
"Commission", unless the context clearly requires otherwise, means the Indiana real estate commission established by IC 25-34.1-2-1.
Indiana Administrative Code › Title 876 - INDIANA REAL ESTATE COMMISSION › Article 5 - GENERAL PROVISIONS › Rule 2 - Definitions › Section 2-7 - "Course approval" defined

Current through July 10, 2024
Authority: IC 25-34.1-2-5; IC 25-34.1-2-5.1
Affected: IC 25-34.1-3-2; IC 25-34.1-5
Sec. 7.
"Course approval" means approval of a broker course granted under IC 25-34.1-5 and 876 IAC 2, which is not expired, suspended, or revoked.
Indiana Administrative Code › Title 876 - INDIANA REAL ESTATE COMMISSION › Article 5 - GENERAL PROVISIONS › Rule 2 - Definitions › Section 2-8 - "License" defined

Current through July 10, 2024
Authority: IC 25-34.1-2-5; IC 25-34.1-2-5.1
Affected: IC 25-34.1-3-2; IC 25-34.1-5
Sec. 8.
"License" means a right to perform, for compensation, any of the acts provided in IC 25-34.1-3-2.
Indiana Administrative Code › Title 876 - INDIANA REAL ESTATE COMMISSION › Article 5 - GENERAL PROVISIONS › Rule 2 - Definitions › Section 2-9 - "Licensee" defined

Current through July 10, 2024
Authority: IC 25-34.1-2-5; IC 25-34.1-2-5.1
Affected: IC 25-34.1-3-2; IC 25-34.1-5
Sec. 9.
"Licensee" means a person who holds a valid broker license issued by the commission.
Indiana Administrative Code › Title 876 - INDIANA REAL ESTATE COMMISSION › Article 5 - GENERAL PROVISIONS › Rule 2 - Definitions › Section 2-10 - "Licensing agency" defined

Current through July 10, 2024
Authority: IC 25-34.1-2-5; IC 25-34.1-2-5.1
Affected: IC 25-34.1-3-2; IC 25-34.1-5
Sec. 10.
"Licensing agency" means the Indiana professional licensing agency.
Indiana Administrative Code › Title 876 - INDIANA REAL ESTATE COMMISSION › Article 5 - GENERAL PROVISIONS › Rule 2 - Definitions › Section 2-11 - "Listing broker" defined

Current through July 10, 2024
Authority: IC 25-34.1-2-5; IC 25-34.1-2-5.1
Affected: IC 25-34.1-3-2; IC 25-34.1-5
Sec. 11.
"Listing broker" means a broker company who has a written contract with an owner, allowing the broker company to:
(1) sell;
(2) buy;
(3) trade;
(4) exchange;
(5) option;
(6) lease;
(7) rent;
(8) manage;
(9) list; or
(10) appraise;
real estate.
Indiana Administrative Code › Title 876 - INDIANA REAL ESTATE COMMISSION › Article 5 - GENERAL PROVISIONS › Rule 2 - Definitions › Section 2-12 - "Managing broker" defined

Current through July 10, 2024
Authority: IC 25-34.1-2-5; IC 25-34.1-2-5.1
Affected: IC 25-34.1-1-2
Sec. 12.
"Managing broker" has the meaning set forth in IC 25-34.1-1-2.
Indiana Administrative Code › Title 876 - INDIANA REAL ESTATE COMMISSION › Article 5 - GENERAL PROVISIONS › Rule 2 - Definitions › Section 2-13 - "Owner/seller" defined

Current through July 10, 2024
Authority: IC 25-34.1-2-5; IC 25-34.1-2-5.1
Affected: IC 25-34.1-3-2; IC 25-34.1-5
Sec. 13.
"Owner/seller" means that person or persons of record who has an interest in the property or their duly authorized representative.
Indiana Administrative Code › Title 876 - INDIANA REAL ESTATE COMMISSION › Article 5 - GENERAL PROVISIONS › Rule 2 - Definitions › Section 2-14 - "Person" defined

Current through July 10, 2024
Authority: IC 25-34.1-2-5; IC 25-34.1-2-5.1
Affected: IC 25-34.1-3-2; IC 25-34.1-5
Sec. 14.
"Person" means:
(1) an individual;
(2) a partnership;
(3) a limited liability company; or
(4) a corporation.
Indiana Administrative Code › Title 876 - INDIANA REAL ESTATE COMMISSION › Article 5 - GENERAL PROVISIONS › Rule 2 - Definitions › Section 2-15 - "Real estate" defined

Current through July 10, 2024
Authority: IC 25-34.1-2-5; IC 25-34.1-2-5.1
Affected: IC 25-34.1-3-2; IC 25-34.1-5
Sec. 15.
"Real estate" means any right, title, or interest in real property.
Indiana Administrative Code › Title 876 - INDIANA REAL ESTATE COMMISSION › Article 5 - GENERAL PROVISIONS › Rule 2 - Definitions › Section 2-16 - "Referral" defined

Current through July 10, 2024
Authority: IC 25-34.1-2-5; IC 25-34.1-2-5.1
Affected: IC 25-34.1-3-2; IC 25-34.1-5
Sec. 16.
"Referral" means the act of recommending or referring a sales lead to a broker.
Indiana Administrative Code › Title 876 - INDIANA REAL ESTATE COMMISSION › Article 5 - GENERAL PROVISIONS › Rule 2 - Definitions › Section 2-17 - "Referral service" defined

Current through July 10, 2024
Authority: IC 25-34.1-2-5; IC 25-34.1-2-5.1
Affected: IC 25-34.1-3-2; IC 25-34.1-5
Sec. 17.
"Referral service" means a company or part of a company or franchise system established for the purpose of recommending or referring client or customer leads to other brokers.
Indiana Administrative Code › Title 876 - INDIANA REAL ESTATE COMMISSION › Article 5 - GENERAL PROVISIONS › Rule 2 - Definitions › Section 2-18 - "Selling broker" defined

Current through July 10, 2024
Authority: IC 25-34.1-2-5; IC 25-34.1-2-5.1
Affected: IC 25-34.1-3-2; IC 25-34.1-5
Sec. 18.
"Selling broker" means a broker company that:
(1) is acting on behalf of the buyer or tenant; and
(2) provides an accepted offer to purchase to the seller or accepted lease agreement to the landlord.
Indiana Administrative Code › Title 876 - INDIANA REAL ESTATE COMMISSION › Article 5 - GENERAL PROVISIONS › Rule 3 - Fee Schedule › Section 3-1 - Fee schedule

Current through July 10, 2024
Authority: IC 25-1-8-2; IC 25-34.1-2-5
Affected: IC 25-34.1-8-7.5
Sec. 1.
(a) The fee schedule is as follows:
(1) Application for real estate broker license: $50
(2) Renewal of real estate broker license: $50
(3) Reassignment of license: $10
(4) Activation of inactive license: $10
(5) Application for continuing education course sponsor: $50
(6) Renewal of continuing education course sponsor: $50
(7) Application for continuing education course instructor permit: $10
(8) Renewal of continuing education course instructor permit: $10
(9) Application for real estate (prelicensing) school permit: $50
(10) Renewal of real estate (prelicensing) school permit: $50
(11) Application for prelicensing course instructor permit: $10
(12) Renewal of prelicensing course instructor permit: $10
Indiana Administrative Code › Title 876 - INDIANA REAL ESTATE COMMISSION › Article 6 - REAL ESTATE SCHOOLS; PRELICENSING EDUCATION; EXAMINATION › Rule 1 - Definitions; General Provisions › Section 1-1 - Scope

Current through July 10, 2024
Authority: IC 25-34.1-2-5
Affected: IC 25-34.1-5
Sec. 1.
(a) This rule and 876 IAC 6-2 through 876 IAC 6-5 establish requirements for the education of applicants for licensure as a broker and establish requirements for broker courses under IC 25-34.1-5.
(b) The definitions in this rule apply throughout this article.
Indiana Administrative Code › Title 876 - INDIANA REAL ESTATE COMMISSION › Article 6 - REAL ESTATE SCHOOLS; PRELICENSING EDUCATION; EXAMINATION › Rule 1 - Definitions; General Provisions › Section 1-2 - "Course session" defined

Current through July 10, 2024
Authority: IC 25-34.1-2-5
Affected: IC 25-34.1-5
Sec. 2.
"Course session" means a particular broker course conducted by a real estate school.
Indiana Administrative Code › Title 876 - INDIANA REAL ESTATE COMMISSION › Article 6 - REAL ESTATE SCHOOLS; PRELICENSING EDUCATION; EXAMINATION › Rule 1 - Definitions; General Provisions › Section 1-3 - "Real estate school" defined

Current through July 10, 2024
Authority: IC 25-34.1-2-5
Affected: IC 25-34.1-5
Sec. 3.
"Real estate school" means any person or other entity that has, or is seeking to have, broker course approval from the commission under IC 25-34.1-5 and this article.
Indiana Administrative Code › Title 876 - INDIANA REAL ESTATE COMMISSION › Article 6 - REAL ESTATE SCHOOLS; PRELICENSING EDUCATION; EXAMINATION › Rule 1 - Definitions; General Provisions › Section 1-4 - "School" defined

Current through July 10, 2024
Authority: IC 25-34.1-2-5
Affected: IC 25-34.1-5
Sec. 4.
"School" means real estate school.
Indiana Administrative Code › Title 876 - INDIANA REAL ESTATE COMMISSION › Article 6 - REAL ESTATE SCHOOLS; PRELICENSING EDUCATION; EXAMINATION › Rule 1 - Definitions; General Provisions › Section 1-5 - "School director" defined

Current through July 10, 2024
Authority: IC 25-34.1-2-5
Affected: IC 25-34.1-5
Sec. 5.
"School director" means the individual responsible for real estate school administrative matters such as the following:
(1) Program development.
(2) Scheduling of classes.
(3) Advertising.
(4) Maintaining facilities and equipment.
(5) Record keeping.
(6) General supervision of the instructional program.
Indiana Administrative Code › Title 876 - INDIANA REAL ESTATE COMMISSION › Article 6 - REAL ESTATE SCHOOLS; PRELICENSING EDUCATION; EXAMINATION › Rule 1 - Definitions; General Provisions › Section 1-6 - Violations of statute and rules

Current through July 10, 2024
Authority: IC 25-34.1-2-5
Affected: IC 4-21.5-3; IC 4-21.5-4; IC 25-34.1-5-7
Sec. 6.
(a) Failure of a real estate school to comply with the provisions of IC 25-34.1-5 and this article shall subject it to denial of course approval or revocation or suspension of course approval as appropriate.
(b) If a real estate school fails to meet the requirements for course approval renewal established in IC 25-34.1-5-7 and 876 IAC 6-2-5, the renewal shall be denied.
(c) Under subsections (a) and (b), real estate schools shall be responsible for the actions of their employees and other agents.
(d) Notices of denials of course approval or renewals and administrative review of such denials are governed by IC 4-21.5-3 4 and IC 4-21.5-3-7.
(e) Institution of proceedings to revoke or suspend course approval is governed by IC 4-21.5-3-8. Emergency suspensions may be issued, where appropriate, under IC 4-21.5-4.
Indiana Administrative Code › Title 876 - INDIANA REAL ESTATE COMMISSION › Article 6 - REAL ESTATE SCHOOLS; PRELICENSING EDUCATION; EXAMINATION › Rule 1 - Definitions; General Provisions › Section 1-7 - Revocation, suspension, or denial of renewal of course approval; completion of courses

Current through July 10, 2024
Authority: IC 25-34.1-2-5
Affected: IC 25-34.1-5
Sec. 7.
In the event it suspends, revokes, or denies renewal of course approval, the commission may, at its discretion, allow any course already in progress to be completed.
Indiana Administrative Code › Title 876 - INDIANA REAL ESTATE COMMISSION › Article 6 - REAL ESTATE SCHOOLS; PRELICENSING EDUCATION; EXAMINATION › Rule 1 - Definitions; General Provisions › Section 1-8 - Bonding

Current through July 10, 2024
Authority: IC 25-34.1-2-5
Affected: IC 25-34.1-5
Sec. 8.
A real estate school shall submit a bond meeting the requirements of IC 25-34.1-5.
Indiana Administrative Code › Title 876 - INDIANA REAL ESTATE COMMISSION › Article 6 - REAL ESTATE SCHOOLS; PRELICENSING EDUCATION; EXAMINATION › Rule 1 - Definitions; General Provisions › Section 1-9 - Payments of bond proceeds

Current through July 10, 2024
Authority: IC 25-34.1-2-5
Affected: IC 25-34.1-5
Sec. 9.
(a) If the commission does not allow completion of a course under section 7 of this rule or if a course cannot be completed by the school for any other reason, each student enrolled in the course, who has a valid legal cause of action against the school, would be entitled to reimbursement for the enrollment fee and the cost of any required text or material if not included in the enrollment fee (provided the student presents proof of payment in connection with the uncompleted course) from the school's bond proceeds if said money cannot be recovered from the school.
(b) Because the commission is obligee under the bonds of schools, payments from the proceeds of the bond shall be distributed to qualifying students by direction of the commission.
Indiana Administrative Code › Title 876 - INDIANA REAL ESTATE COMMISSION › Article 6 - REAL ESTATE SCHOOLS; PRELICENSING EDUCATION; EXAMINATION › Rule 1 - Definitions; General Provisions › Section 1-10 - Application for course approval; content

Current through July 10, 2024
Authority: IC 25-34.1-2-5
Affected: IC 25-34.1-5-2; IC 25-34.1-5-15
Sec. 10.
(a) Any real estate school seeking approval of a broker course shall make written application for approval and shall submit such documents, statements, and forms as required by IC 25-34.1-5-2 and this article, and as may be reasonably necessary to establish whether the school complies with the requirements of IC 25-34.1-5 and this article.
(b) The application shall state the name and address of the school's owner.
(c) The application shall list all instructors who will be teaching the course.
(d) The course approval under IC 25-34.1-5 and this article, and the real estate school permit under IC 25-34.1-5-15, shall be considered one and the same.
Indiana Administrative Code › Title 876 - INDIANA REAL ESTATE COMMISSION › Article 6 - REAL ESTATE SCHOOLS; PRELICENSING EDUCATION; EXAMINATION › Rule 2 - Real Estate Schools; General Requirements › Section 2-1 - School directors

Current through July 10, 2024
Authority: IC 25-34.1-2-5
Affected: IC 25-34.1-5
Sec. 1.
(a) Each school shall designate one (1) individual as its school director.
(b) A real estate school is prohibited from hiring or retaining in its employ, a school director 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 be a school director 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 authorized 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 2 - Real Estate Schools; General Requirements › Section 2-2 - Unavailability of school director

Current through July 10, 2024
Authority: IC 25-34.1-2-5
Affected: IC 25-34.1-5-8
Sec. 2.
If a school director:
(1) dies;
(2) becomes incapacitated; or
(3) leaves the employ of the school;
all course sessions then in session may be completed. However, further course sessions may not be commenced until there is a new school director (who has been approved by the commission under IC 25-34.1-5-8 and section 8 of this rule).
Indiana Administrative Code › Title 876 - INDIANA REAL ESTATE COMMISSION › Article 6 - REAL ESTATE SCHOOLS; PRELICENSING EDUCATION; EXAMINATION › Rule 2 - Real Estate Schools; General Requirements › Section 2-3 - Student fees; cancellation of course sessions

Current through July 10, 2024
Authority: IC 25-34.1-2-5
Affected: IC 25-34.1-5
Sec. 3.
(a) The cost of textbooks, supplemental texts, and required materials shall be included in the course fee. However, colleges or universities of learning (institutions offering two (2) or four (4) year courses of study culminating in the issuance of an associate's or bachelor's degree) offering the broker course for undergraduate or graduate credit may follow their normal institutional procedures and charge separately for tuition and books and required materials. Disclosure of the full cost of the course (including tuition and books and required materials) must be made to the student before enrollment.
(b) Each approved course shall establish a refund policy that is included in all printed material related to the offering of the course. The refund policy shall be available for review and acceptance by the student at the time of enrollment.
(c) If a course session is cancelled, the school must notify all individuals who have enrolled in it at least three (3) days in advance of the first scheduled class.
Indiana Administrative Code › Title 876 - INDIANA REAL ESTATE COMMISSION › Article 6 - REAL ESTATE SCHOOLS; PRELICENSING EDUCATION; EXAMINATION › Rule 2 - Real Estate Schools; General Requirements › Section 2-4 - Course records

Current through July 10, 2024
Authority: IC 25-34.1-2-5
Affected: IC 25-34.1-5-4
Sec. 4.
As specified in IC 25-34.1-5-4(a)(7), each school offering approved courses must maintain records of students who successfully complete and pass the course of study for a minimum of five (5) years. The records must include attendance records, examination score records, and duplicate copies of completion certificates or the ability to reproduce duplicate completion certificates.
Indiana Administrative Code › Title 876 - INDIANA REAL ESTATE COMMISSION › Article 6 - REAL ESTATE SCHOOLS; PRELICENSING EDUCATION; EXAMINATION › Rule 2 - Real Estate Schools; General Requirements › Section 2-5 - Course renewal

Current through July 10, 2024
Authority: IC 25-34.1-2-5
Affected: IC 25-34.1-5
Sec. 5.
The approval of courses and the real estate school permit expire on December 31 of each calendar year. To obtain renewal of course approval, the school must submit the following to the commission:
(1) A letter requesting renewal.
(2) A bond that is in the amount of twenty percent (20%) of the preceding year's gross tuition but not less than ten thousand dollars ($10,000) or more than fifty thousand dollars ($50,000).
(3) An annual report.
(4) The fee established by 876 IAC 5-3-1.
Indiana Administrative Code › Title 876 - INDIANA REAL ESTATE COMMISSION › Article 6 - REAL ESTATE SCHOOLS; PRELICENSING EDUCATION; EXAMINATION › Rule 2 - Real Estate Schools; General Requirements › Section 2-6 - Annual report

Current through July 10, 2024
Authority: IC 25-34.1-2-5
Affected: IC 25-34.1-5
Sec. 6.
(a) The annual report shall include the following:
(1) A written list of the current textbooks and other resource and study materials utilized in the course.
(2) A list of all approved course locations.
(3) A list of all instructors teaching the course.
Indiana Administrative Code › Title 876 - INDIANA REAL ESTATE COMMISSION › Article 6 - REAL ESTATE SCHOOLS; PRELICENSING EDUCATION; EXAMINATION › Rule 2 - Real Estate Schools; General Requirements › Section 2-7 - Review and investigation of real estate schools

Current through July 10, 2024
Authority: IC 25-34.1-2-5
Affected: IC 25-34.1-5
Sec. 7.
(a) In addition to its review or investigation, or both, of a school for annual renewal of its broker course approval, the commission or its designee may, at any time, review or investigate, or both, any matter concerning an approved course, or applicant for course approval to determine compliance with IC 25-34.1-5 and this article.
(b) The method of review shall be determined by the commission in each case and will generally consist of the following:
(1) Consideration of information available from federal, state, or local agencies, private organizations or agencies, or interested persons.
(2) Conferences with the school director and other representatives of the school involved, or with former students of the school.
Indiana Administrative Code › Title 876 - INDIANA REAL ESTATE COMMISSION › Article 6 - REAL ESTATE SCHOOLS; PRELICENSING EDUCATION; EXAMINATION › Rule 2 - Real Estate Schools; General Requirements › Section 2-8 - Significant changes in course

Current through July 10, 2024
Authority: IC 25-34.1-2-5
Affected: IC 25-34.1-5-8
Sec. 8.
(a) The following shall be deemed significant changes in broker courses under IC 25-34.1-5-8:
(1) Any change in the ownership of a real estate school.
(2) Any change in the location, including classroom location, of an approved real estate course.
(3) A new school director.
(4) Any new instructor.
(5) Any change in the curriculum or delivery method.
Indiana Administrative Code › Title 876 - INDIANA REAL ESTATE COMMISSION › Article 6 - REAL ESTATE SCHOOLS; PRELICENSING EDUCATION; EXAMINATION › Rule 2 - Real Estate Schools; General Requirements › Section 2-9 - Facilities

Current through July 10, 2024
Authority: IC 25-34.1-2-5
Affected: IC 25-34.1-5-4
Sec. 9.
(a) Real estate schools shall use classroom facilities and shall be conducive to classroom environment.
(b) There shall be at all times 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 6 - REAL ESTATE SCHOOLS; PRELICENSING EDUCATION; EXAMINATION › Rule 3 - Instructors › Section 3-1 - Instructors; compliance with rule required

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. 1.
(a) Instructors who teach courses given by real estate schools must hold an instructor permit as required by IC 25 34.1-5-13 and meet the requirements of this rule.
(b) Guest speakers shall be allowed in a broker 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 6 - REAL ESTATE SCHOOLS; PRELICENSING EDUCATION; EXAMINATION › Rule 3 - Instructors › Section 3-2 - Instructors; examination

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. 2.
In addition to the requirements of IC 25-34.1-5-13, an individual shall have passed an instructor assessment program examination as specified by the commission with a score of seventy-five percent (75%) or higher in order to qualify for an instructor permit.