reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter D - Real Estate Brokers And Salesmen › Part 176 - Approval Of Real Estate Courses › Section 176.2 - Request for approval of courses of study

Current through Register Vol. 46, No. 28, July 10, 2024
Applications for approval to conduct courses of study to
					 satisfy the requirements for licensed real estate salesperson and broker shall
					 be made 60 days before the proposed course is to be conducted. The application
					 shall be prescribed by the department to include the following:
(a) name and business address of the proposed
				  school which will present the course;
(b) if applicant is a partnership, the names
				  and home addresses of all the partners of the entity;
(c) if applicant is a corporation, the names
				  and home addresses of persons who own five percent or more of the stock of the
				  entity;
(d) the name, home and
				  business address and telephone number of the education coordinator that will be
				  responsible for administering the regulations contained in this Part;
(e) locations where classes will be
				  conducted;
(f) title of each course
				  to be conducted;
(g) final
				  examination to be presented for each course, including the answer
				  key;
(h) all times included on each
				  test form must be consistent with content specifications indicated for each
				  course. Weighing of significant content areas should fall within the weight
				  ranges indicated. All reference sources used to support each correct answer
				  must be included. Linkage to each answer must be indicated with a footnote
				  showing page number, subject matter, etc.;
(i) description of materials that will be
				  distributed;
(j) the books that
				  will be used for the outline and the final exams; and
(k) detailed outline for local concerns when
				  applying for broker course approval.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter D - Real Estate Brokers And Salesmen › Part 176 - Approval Of Real Estate Courses › Section 176.3 - Subjects for study-real estate salespersons

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				  following are the required subjects to be included in the course of study in
				  real estate for licensure as a real estate salesperson, and the required number
				  of hours to be devoted to each subject:
Salesperson's Course
Salesperson's Course Subject Matter:
Hours:
License Law and Regulations
3
Law of Agency
11
Legal Issues
10
The Contract of Sales and Leases
3
Real Estate Finance
5
Land Use Regulations
3
Construction and Environmental Issues
5
Valuation Process and Pricing Properties
3
Human Rights and Fair Housing
4
Real Estate Mathematics
1
Municipal Agencies
2
Property Insurance
1
License Safety
1
Taxes and Assessments
3
Condominiums and Cooperatives
4
Commercial and Investment Properties
10
Income Tax Issues in Real Estate Transactions
3
Mortgage Brokerage
1
Property Management
2
Instruction
75
Final Examination
3
TOTAL
78
(b)
				  All approved courses must use this course syllabus in conducting their
				  programs.
The amended version of this section by
					 New
					 York State Register December 7, 2022/Volume XLIV, Issue 49, eff.
					 12/21/2022 is not
					 yet available
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter D - Real Estate Brokers And Salesmen › Part 176 - Approval Of Real Estate Courses › Section 176.4 - Subjects for study-real estate broker

Current through Register Vol. 46, No. 28, July 10, 2024
The education qualifications for real estate broker's
					 license requires the completion of:
(a) an approved real estate salesperson's
				  course except that a salesperson who was licensed prior to November 1, 1979,
				  may substitute 75 hours of approved continuing education in lieu of a
				  salesperson's course; and
(b) an
				  approved real estate broker's course
Before enrolling a student into an approved broker's
					 course, the education coordinator must be provided with evidence of a signed
					 statement from the student indicating that he/she has successfully completed
					 the salesperson's course. Proof of the student's completion of the prerequisite
					 course must be kept on file by the education coordinator. The following are the
					 required subjects to be included in the course of study in real estate for
					 licensure as a real estate broker and the required number of hours to be
					 devoted to each subject:
Broker's Course Subject Matter
Hours
Agency Law, License Law and Operating a Real
								  Estate Office
16 hours
Real Estate Finance
2 hours
Real Property Investment
4 hours
General Business Law
3 hours
Construction and Development
3 hours
Conveyance of Real Property
1 hour
Real Property Management
4 hours
Taxes and Assessments
1 hour
Advanced Fair Housing and Fair Lending
3 hours
Achieving Transactional Agreements through
								  Transaction Analysis
6 hours
Local Issues and Concerns *
2 hours
* Cease and desist regulations
* Nonsolicitation orders
* Illegal entities/conversions
* Rent regulations (rent control, rent
					 stabilization)
* Farm land
* Forestry
* Sign ordinances
* Zoning
* Waterfront property
* Wetlands/restrictions
* Environment problems in an area
* Role of real estate professionals in the community
* Property values impact on the economy
* Impact of government on property values
Instruction
45 hours
Final examination
3 hours
48 hours
* Program coordinators are not limited to these topics.
					 They must, however, submit an outline and learning objectives for the two hours
					 that will be presented to students. The outline and learning objectives must
					 explain how local issues and concerns impact property values.
All approved instructors must use this course syllabus in
					 conducting their program.
The amended version of this section by
					 New
					 York State Register December 7, 2022/Volume XLIV, Issue 49, eff.
					 12/21/2022 is not
					 yet available
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter D - Real Estate Brokers And Salesmen › Part 176 - Approval Of Real Estate Courses › Section 176.5 - Computation of instruction time

Current through Register Vol. 46, No. 28, July 10, 2024
To meet the minimum statutory requirement, attendance shall
					 be computed on the basis of an hour equaling 50 minutes. For every 50 minutes
					 of instruction there shall be an additional 10 minute break. The time of the
					 breaks shall be left to the discretion of the individual education coordinator.
					 Breaks shall not be considered optional, nor are they to be used to release the
					 class earlier than scheduled.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter D - Real Estate Brokers And Salesmen › Part 176 - Approval Of Real Estate Courses › Section 176.6 - Attendance and examinations

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No
				  licensed person shall receive credit for any course or course module presented
				  in a class room setting if he or she is absent from the class room during any
				  instructional period, for a period or periods totaling more than 10 percent of
				  the time prescribed for the course or course module pursuant to sections 176.3
				  and 176.4 of this Title, and no
				  licensed person shall be absent from the class room except for a reasonable and
				  unavoidable cause.
(b) Students who
				  fail to attend the required scheduled class hours may, at the discretion of the
				  approved entity, make up the missed subject matter during subsequent classes
				  presented by the approved entity.
(c) Final examinations may not be taken by
				  any student who has not satisfied the attendance requirement.
(d) A make up examination may be presented to
				  students at the discretion of the approved entity. Make up examinations must be
				  submitted for approval to the department in accordance with guidelines noted in
				  section 176.2(g) and (h)
				  of this Part.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter D - Real Estate Brokers And Salesmen › Part 176 - Approval Of Real Estate Courses › Section 176.8 - Facilities

Current through Register Vol. 46, No. 28, July 10, 2024
Each course shall be presented in such premises and in such
					 facilities as shall be necessary to properly present the course. No course
					 shall be presented in any real estate broker's office or the office of any
					 association of real estate brokers except as otherwise may be permitted under
					 this Part.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter D - Real Estate Brokers And Salesmen › Part 176 - Approval Of Real Estate Courses › Section 176.9 - Examination requirement and record retention

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All organizations conducting approved
				  courses of study shall retain the attendance records, the final examinations
				  and a list of students who successfully complete each course for a period of
				  three years after completion of each course. All documents shall at all times
				  during such period be available for inspection by duly authorized
				  representatives of the Department of State.
(b) All examinations required for course work
				  shall be written and given within a reasonable time after the course work has
				  been conducted. The failure of the final exam shall constitute failure of the
				  course.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter D - Real Estate Brokers And Salesmen › Part 176 - Approval Of Real Estate Courses › Section 176.10 - Change in approved course of study

Current through Register Vol. 46, No. 28, July 10, 2024
There shall be no change or alteration in any approved
					 course of study of any subject or in any instruction staff without prior
					 written notice to and approval by the department.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter D - Real Estate Brokers And Salesmen › Part 176 - Approval Of Real Estate Courses › Section 176.11 - Faculty

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each
				  instructor, as certified by the Department of State, for an approved real
				  estate course of study, shall submit a resume to the department and meet the
				  following criteria, and shall achieve at least 100 points based on the
				  following scale which includes real estate brokerage/ specialty experience,
				  instructional experience and academic achievement.
(b) In order to receive approval as an
				  instructor, an individual must achieve 100 points in the system employed below:
1. Section One
A maximum of 50 points can be claimed in this
					 section.
(a) Licensed as a real estate
				  broker or salesperson
Each year of experience =10 points .......
or
					 .........................................................................................
(b) Work experience in a specialized field
				  directly related to real estate
Each year of experience = 10 points .......
or
					 .........................................................................................
(c) Attorney, admitted to New York State Bar
Each year of experience = 10 points .......
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter D - Real Estate Brokers And Salesmen › Part 176 - Approval Of Real Estate Courses › Section 176.14 - Auditing

Current through Register Vol. 46, No. 28, July 10, 2024
A duly authorized designee of the department may audit any
					 course offered, and may verify attendance and inspect the records of attendance
					 of the course at any time during its presentation or
					 thereafter.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter D - Real Estate Brokers And Salesmen › Part 176 - Approval Of Real Estate Courses › Section 176.15 - College degree major in real estate

Current through Register Vol. 46, No. 28, July 10, 2024
Evidence satisfactory to the department of the successful
					 completion of a course of study at any accredited college or university in the
					 United States of America, approved by the Commissioner of Education of the
					 State of New York or by a regional accrediting agency accepted by said
					 Commissioner of Education, which has a program leading to a recognized
					 collegiate degree, which includes therein a major in real estate, may be deemed
					 acceptable for the educational credit under sections 176.3 and
					 176.4 of this Part, provided
					 attendance at such real estate course is not less than 120 hours in the case of
					 an applicant for licensure as a real estate broker, and 75 hours in the case of
					 an applicant for licensure as a real estate salesperson, and the applicant
					 presents evidence of the issuance of a bachelor's degree and that he has passed
					 the required course in real estate.
The amended version of this section by
					 New
					 York State Register December 7, 2022/Volume XLIV, Issue 49, eff.
					 12/21/2022 is not
					 yet available
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter D - Real Estate Brokers And Salesmen › Part 176 - Approval Of Real Estate Courses › Section 176.16 - Suspensions and denials of course approval

Current through Register Vol. 46, No. 28, July 10, 2024
Within 45 days after the receipt of the application for
					 approval of an offering, the department shall inform the entity as to whether
					 the offering has been approved, denied, or whether additional information is
					 needed to determine the acceptability of the offering. The department may deny,
					 suspend, or revoke the approval of a real estate course or a real estate
					 instructor, if it is determined that they are not in compliance with the law
					 and rules, or if the offering does not adequately reflect and present current
					 real estate knowledge as a basis for a level of real estate practice. If
					 disciplinary action is taken, a written order of suspension, revocation or
					 denial of approval will be issued. Anyone who objects to such denial,
					 suspension or revocation shall have the opportunity to be heard by the
					 Secretary of State or his designee.
The amended version of this section by
					 New
					 York State Register December 7, 2022/Volume XLIV, Issue 49, eff.
					 12/21/2022 is not
					 yet available
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter D - Real Estate Brokers And Salesmen › Part 176 - Approval Of Real Estate Courses › Section 176.17 - Open to public

Current through Register Vol. 46, No. 28, July 10, 2024
All courses approved pursuant to this Part shall be open to
					 all members of the public regardless of the membership of the prospective
					 student in any real estate board, or real estate related professional society
					 or organization.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter D - Real Estate Brokers And Salesmen › Part 176 - Approval Of Real Estate Courses › Section 176.20 - Certificate of completion

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Evidence of successful completion of the course must be furnished to students
				  in certificate form. The certificate must indicate the following: name of the
				  entity; Real Estate Salesperson's Course, 75 hours, or Real Estate Broker's
				  Course, 45 hours; code number of the entity; a statement that the student, who
				  shall be named, has satisfactorily completed a course of study in real estate
				  subjects approved by the Secretary of State in accordance with the provisions
				  of chapter 868 of the Laws of 1977, and that his or her attendance record was
				  satisfactory and in conformity with the law, and that such course was completed
				  on a stated date. The certificate must be signed by the owner or course
				  coordinator and dated, and must have affixed thereto the official seal of the
				  school or entity.
(b) A list of all
				  the names of students who successfully complete each course of study must be
				  submitted to the Department of State within 15 days of completion.
The amended version of this section by
					 New
					 York State Register December 7, 2022/Volume XLIV, Issue 49, eff.
					 12/21/2022 is not
					 yet available
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter D - Real Estate Brokers And Salesmen › Part 176 - Approval Of Real Estate Courses › Section 176.21 - Fees

Current through Register Vol. 46, No. 28, July 10, 2024
Each school or entity shall pay an annual registration fee
					 of $300 for each 12 months or part thereof, and an additional registration fee
					 of $150 for each 12 months or part thereof for each location in excess of one
					 where courses are to be given, said period to run from each September 1 to the
					 subsequent August 31. For each teacher employed to teach the Real Estate
					 Broker's or Real Estate Salesperson's course, each school or entity shall pay a
					 one-time registration fee of $25. Fees shall be payable on submission of the
					 application or applications, and are nonrefundable.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter D - Real Estate Brokers And Salesmen › Part 176 - Approval Of Real Estate Courses › Section 176.22 - Distance learning programs

Current through Register Vol. 46, No. 28, July 10, 2024
Distance education is defined as any educational process
					 based on the geographical separation of instructor and learner (for example,
					 CD-ROM, disk, on-line learning). Educational providers who wish to offer
					 distance learning programs must have their programs evaluated and approved in
					 accordance with the provisions of this Part, specifically sections
					 176.23, 176.24 and
					 176.25 of this
					 Part.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter D - Real Estate Brokers And Salesmen › Part 176 - Approval Of Real Estate Courses › Section 176.23 - Distance learning program requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The material of a distance learning
				  program must be divided into major units;
(b) the contents of major units must be
				  divided into modules of instruction;
(c) the distance learning program must
				  contain a time-default mechanism for inactivity so that a student is not
				  credited when not actively participating in the program;
(d) the school or other person offering the
				  program must obtain from each student a signed and dated statement that he or
				  she personally completed each module of the learning program;
(e) the school or other person offering the
				  program must retain a record of each student's participation in and completion
				  of the distance-learning program for a period of three years, and such records
				  must be available for review and inspection by the Department of
				  State;
(f) the educational provider
				  must have an instructor approved pursuant to section
				  176.11 of this Part available to
				  students, during reasonable business hours, to answer questions pertaining to
				  the qualifying course content;
(g)
				  the course must include a proctored final examination which must be held at a
				  location within New York State approved by the department.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter D - Real Estate Brokers And Salesmen › Part 176 - Approval Of Real Estate Courses › Section 176.24 - Request for approval of distance learning programs

Current through Register Vol. 46, No. 28, July 10, 2024
Applications for approval to conduct distance learning
					 courses of study to satisfy the requirements for licensed real estate
					 salesperson and broker shall be made 60 days before the proposed course is to
					 be conducted. The application shall be prescribed by the department to include
					 the following:
(a) name, business
				  address and telephone number of the proposed school which will present the
				  course;
(b) if applicant is a
				  partnership, the names and home addresses of the partners in the entity; if a
				  corporation, the names and home addresses of any persons who own five percent
				  or more of the stock of the entity;
(c) the name, home and business address and
				  telephone number of the education coordinator that will be responsible for
				  administering the regulations contained in this part;
(d) locations where the final examination
				  will be conducted;
(e) title of
				  each course to be conducted;
(f)
				  final examination to be presented for each course, including the answer
				  key;
(g) all times included on each
				  test form must be consistent with content specifications indicated for each
				  course. Weighing of significant content areas should fall within the weight
				  ranges indicated. All reference sources used to support each correct answer
				  must be included. Linkage to each answer must be indicated with a footnote
				  showing page number, subject matter, etc.;
(h) the books that will be used for the
				  outline and the final exams;
(i) an
				  explanation of the means for monitoring and verifying each student's active
				  participation, on an ongoing basis, during each module of
				  instruction;
(j) a brief
				  description of the hardware and software to be used by the student;
(k) a plan for providing technical support to
				  the student;
(l) a detailed course
				  outline divided into major units; the contents of major units must be divided
				  into modules of instruction;
(m) a
				  detailed outline for local concerns when applying for broker course
				  approval.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter D - Real Estate Brokers And Salesmen › Part 176 - Approval Of Real Estate Courses › Section 176.25 - Course completion for distance learning courses

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The student must successfully complete a
				  distance learning course within 12 months of starting the program. This
				  includes the passing of the school's final examination.
(b) A list of the names of students who
				  successfully complete each course of study must be submitted to the Department
				  of State within 15 days of completion.
(c) The school or other person offering the
				  program must provide evidence of successful completion of the course to each
				  student in certificate form. The certificate must indicate the following: name
				  of the entity; Real Estate Salesperson's Course, 75 hours, or Real Estate
				  Broker's Course, 45 hours; code number of the entity; a statement that the
				  student, who shall be named, has satisfactorily completed a course of study in
				  real estate subjects approved by the Secretary of State in accordance with the
				  provisions of chapter 868 of the Laws of 1977, and that his or her attendance
				  record was satisfactory and in conformity with the law, and that such course
				  was completed on a stated date. The certificate must be signed by the owner or
				  course coordinator and dated, and must have affixed thereto the official seal
				  of the school or entity.
The amended version of this section by
					 New
					 York State Register December 7, 2022/Volume XLIV, Issue 49, eff.
					 12/21/2022 is not
					 yet available
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter D - Real Estate Brokers And Salesmen › Part 176 - Approval Of Real Estate Courses › Section 176.26 - 30 hour supplemental course

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Applicants for licensure as a real estate
				  broker who successfully completed the 45 hour salesperson qualifying course
				  prior to July 1, 2008 may take a 30 hour supplemental course which, if
				  successfully completed, may be used by said applicant in conjunction with the
				  45 hour salesperson qualifying course towards satisfying the salesperson
				  educational requirements for licensure as a real estate broker, as provided in
				  section 176.4(a) of this
				  Part.
(b) The following are the
				  required subjects to be included in the 30 hour supplemental course and the
				  required number of hours to be devoted to each such subject:
Contract preparation
								..............................................
1 hour
Predatory lending
								..................................................
1 hour
Pricing properties
								..................................................
1 hour
Municipal agencies
								..................................................
2 hours
Property insurance
								..................................................
2 hours
Taxes and assessments
								.........................................
3 hours
Condominiums and cooperatives
								...........................
4 hours
Commercial and investments properties
								................
10 hours
Income tax issues and real estate transactions
								.......
3 hours
Mortgage brokerage
								.................................................
1 hour
Property management
								..............................................
2 hours
Total
								........................................................................
30 hours
Final Exam
								..............................................................
2 hours
TOTAL
								....................................................................
32 hours
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter D - Real Estate Brokers And Salesmen › Part 177 - Continuing Education › Section 177.1 - General requirement

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Renewals. No renewal license shall be issued to any real estate broker or
				  salesperson for any license period commencing on or after 11/1/95 unless such
				  licensee shall provide evidence of completion of 221/2 hours of approved
				  continuing education within the two-year period immediately preceding such
				  renewal. However, such continuing education requirement shall not apply to any
				  licensed real estate broker who is engaged full-time in the real estate
				  business and who has been licensed prior to July 1, 2008 for at least 15
				  consecutive years immediately preceding such renewal.
(b) Course approval. No offering of a course
				  of study in the real estate field for the purpose of compliance with the
				  continuing education requirements of subdivision 3 of section 441  of the Real
				  Property Law shall be acceptable for credit unless such course of study shall
				  have been approved by the department under the provisions of this
				  Part.
The amended version of this section by
					 New
					 York State Register December 7, 2022/Volume XLIV, Issue 49, eff.
					 12/21/2022 is not
					 yet available
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter D - Real Estate Brokers And Salesmen › Part 177 - Continuing Education › Section 177.2 - Approved entities

Current through Register Vol. 46, No. 28, July 10, 2024
Continuing education real estate courses and offerings may
					 be given by any college or university accredited by the Commissioner of
					 Education of the State of New York or by a regional accrediting agency approved
					 by said Commissioner of Education; public or private vocational schools; real
					 estate boards; and real estate related professional societies and
					 organizations. Courses, including sales or technology, that increase the
					 competency of the licensee as it relates to the real estate transaction shall
					 be acceptable as meeting continuing education requirements subject to the
					 restrictions set forth in paragraph (d) of this section. No real estate course
					 of study seeking approval may be affiliated with or controlled by a real estate
					 broker, salesperson, firm or company or real estate franchise, or controlled by
					 a subsidiary of any real estate broker or real estate franchise. The following
					 types of instruction shall not be acceptable as meeting continuing education
					 requirements:
(a) general training or
				  education to prepare a student for passing a real estate broker's or
				  salespersons' examination which is not part of an approved course under Part
				  176 of this Title;
(b) offerings
				  in mechanical office and business skills, such as typing, basis computer skills
				  training, instructional navigation of the world wide web, instructional use of
				  generic computer software, speed reading, memory improvement, report writing,
				  personal motivation, salesmanship and sales psychology;
(c) sales promotion meetings; and
(d) subjects that are not real estate
				  related.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter D - Real Estate Brokers And Salesmen › Part 177 - Continuing Education › Section 177.3 - Request for approval of course of study in class-room setting

Current through Register Vol. 46, No. 28, July 10, 2024
The following applies to courses to be presented in a
					 class-room setting where the instructor is present with the class. Requests for
					 approval of courses of study in the real estate field to be given to satisfy
					 the requirements for continuing education under the provisions of this Part
					 shall be made 60 days before the proposed course is to be given, and on a form
					 prescribed by the department which shall include the following:
(a) name, address and telephone number of the
				  applicant;
(b) if applicant is a
				  partnership, the names of the partners in the entity; if a corporation, the
				  names of any persons who own five percent or more of the stock of the
				  entity;
(c) title of each course to
				  be offered;
(d) date and location
				  of each course offered;
(e)
				  duration and time of each course offered;
(f) procedure for taking
				  attendance;
(g) a detailed outline
				  of the subject matter of each course or seminar containing at least 221/2 hours
				  of instruction, or of each course module containing at least one hour of
				  instruction, together with the time sequence of each segment thereof, the
				  faculty for each segment, and teaching techniques used in each
				  segment;
(h) description of
				  materials to be distributed to the participants.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter D - Real Estate Brokers And Salesmen › Part 177 - Continuing Education › Section 177.4 - Successful completion of course in class-room setting

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any subject course for continuing
				  education shall be accepted for credit on the basis of attendance only. The
				  course administrator must submit to the department within 15 days the names and
				  license registration numbers of all individuals who successfully completed the
				  approved course.
(b) Evidence of
				  successful completion of the course must be furnished to student in certificate
				  form. The certificate must indicate the following: the name of the approved
				  entity, the name of the course, the code number of the course, and that the
				  student who shall be named has satisfactorily completed a continuing education
				  course approved by the Department of State and the number of hours earned. The
				  certificate must be signed and dated by the owner or course
				  coordinator.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter D - Real Estate Brokers And Salesmen › Part 177 - Continuing Education › Section 177.5 - Credit for teaching

Current through Register Vol. 46, No. 28, July 10, 2024
A licensee who shall teach an approved real estate course
					 pursuant to Part 176 of this Subchapter or an approved subject offered for
					 continuing education shall be credited with two hours for each hour of actual
					 teaching performed. Records of such teaching shall be maintained by the person
					 or organization presenting the course and certified on forms prescribed by the
					 department. The records of such teaching shall be deemed records of attendance
					 for all purposes of these rules.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter D - Real Estate Brokers And Salesmen › Part 177 - Continuing Education › Section 177.6 - Extension of time to complete courses

Current through Register Vol. 46, No. 28, July 10, 2024
The department may grant a waiver for up to two years to
					 any licensee who evidences bona fide hardship precluding completion of the
					 continuing education requirements prior to the time the renewal application is
					 to be filed. A licensee seeking such a waiver shall file the appropriate
					 renewal application, together with the evidence demonstrating such hardship,
					 together with a written request for such waiver.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter D - Real Estate Brokers And Salesmen › Part 177 - Continuing Education › Section 177.7 - Computation of instruction time

Current through Register Vol. 46, No. 28, July 10, 2024
To meet the minimum statutory requirement, attendance shall
					 be computed on the basis of an hour equaling 50 minutes.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter D - Real Estate Brokers And Salesmen › Part 177 - Continuing Education › Section 177.8 - Attendance

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No licensed
				  person shall receive credit for any course or course module presented in a
				  classroom setting if he or she is absent from the classroom, during any
				  instruction period, for a period or periods totaling more than 10 percent of
				  the time prescribed for the course or course module pursuant to section
				  177.3(g)  or
				  177.21(e) of this
				  Part, and no licensed person shall be absent from the classroom except for a
				  reasonable and unavoidable cause. If a course or course module is computer
				  based and is not presented in a classroom setting, no licensed person shall
				  receive credit for the course or course module if he or she fails to complete
				  any portion of the course or course module.
(b) The person or organization conducting the
				  course shall certify to the department the name of each licensed person who
				  successfully completed the course of study and his or her license registration
				  number, and shall maintain its attendance records and a copy of such report for
				  three years and, in addition, shall maintain the following record concerning
				  the course:
(1) the approval number issued by
				  the department for the course;
(2)
				  the offering, title and description of the course;
(3) the dates and hours the course was given;
				  and
(4) the names of the persons
				  who took the course and whether they passed or failed.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter D - Real Estate Brokers And Salesmen › Part 177 - Continuing Education › Section 177.9 - Video Recording and Record Preservation

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Every
				  entity approved to provide instruction pertaining to fair housing and/or
				  discrimination in the sale or rental of real property or an interest in real
				  property shall cause a recording to be created of each course in its entirety.
				  Such recording shall contain both video and audio of the instruction.
(b) The recording required by paragraph (a)
				  of this section shall be maintained by the approved entity for at least one
				  year following the date such course was provided to an enrolled student. If the
				  entity knows or suspects that the recording is or will be the subject of
				  litigation, then the approved entity shall maintain such recording as required
				  by law.
(c) The recording required
				  by paragraph (a) of this section may be subject to audit by the Department
				  pursuant to section
				  177.11 of this part.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter D - Real Estate Brokers And Salesmen › Part 177 - Continuing Education › Section 177.11 - Auditing

Current through Register Vol. 46, No. 28, July 10, 2024
A duly authorized designee of the department may audit any
					 course offered and may verify attendance and inspect the records of attendance
					 of the course at any time during its presentation or
					 thereafter.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter D - Real Estate Brokers And Salesmen › Part 177 - Continuing Education › Section 177.13 - Change in approved course of study

Current through Register Vol. 46, No. 28, July 10, 2024
There shall be no change or alteration in any approved
					 course of study of any subject or in any instruction staff without prior
					 written notice to, and approval by, the department.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter D - Real Estate Brokers And Salesmen › Part 177 - Continuing Education › Section 177.14 - Suspensions and denials of course approval

Current through Register Vol. 46, No. 28, July 10, 2024
Within 45 days after the receipt of the application for
					 approval of an offering, the department shall inform the entity as to whether
					 the offering has been approved, denied, or whether additional information is
					 needed to determine the acceptability of the offering. The department may deny,
					 suspend or revoke the approval of a real estate course or a real estate
					 instructor, if it is determined that they are not in compliance with the law
					 and rules or if the offering does not adequately reflect and present current
					 real estate knowledge as a basis for a level of real estate practice. If
					 disciplinary action is taken, a written order of suspension, revocation, or
					 denial of approval will be issued. Anyone who objects to such denial,
					 suspension or revocation shall have the opportunity to be heard by the
					 Secretary of State or his designee.
The amended version of this section by
					 New
					 York State Register December 7, 2022/Volume XLIV, Issue 49, eff.
					 12/21/2022 is not
					 yet available
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter D - Real Estate Brokers And Salesmen › Part 177 - Continuing Education › Section 177.15 - Open to public

Current through Register Vol. 46, No. 28, July 10, 2024
All courses approved pursuant to this Part shall be open to
					 all members of the public regardless of the membership of the prospective
					 student in any real estate board, or real estate-related professional society
					 or organization.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter D - Real Estate Brokers And Salesmen › Part 177 - Continuing Education › Section 177.16 - Facilities

Current through Register Vol. 46, No. 28, July 10, 2024
Each course shall be presented in such premises and in such
					 facilities as shall be necessary to properly present the course. No course
					 shall be presented in any real estate broker's office or the office of any
					 association of real estate brokers, except as otherwise may be permitted under
					 these rules.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter D - Real Estate Brokers And Salesmen › Part 177 - Continuing Education › Section 177.17 - Faculty

Current through Register Vol. 46, No. 28, July 10, 2024
A person intending to present an approved course shall
					 first be qualified pursuant to section
					 176.11 of this
					 Title.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter D - Real Estate Brokers And Salesmen › Part 177 - Continuing Education › Section 177.18 - Continuing education credit

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A
				  salesperson who has received credit for a broker qualifying course pursuant to
				  Part 176 of this Title during a period of time as defined in section 441 (3)(a) 
				  of the Real Property Law, shall receive continuing education credit for such
				  course for such period.
(b) A
				  salesperson may receive 19 1/2 hours of continuing education credit for
				  successfully completing the approved 30 hour supplemental course as described
				  in section
				  176.26 of this Title, provided,
				  however, that in order to complete the 22 1/2 hours of continuing education
				  required in Real Property Law section 441(3)(a), such salesperson must also
				  complete three hours of instruction pertaining to fair housing and/or
				  discrimination in the sale or rental of real property or an interest in real
				  property.
(c) No continuing
				  education course will be considered for continuing education credit more than
				  once within the two-year cycle of renewal.
The adopted version of this section by
					 New
					 York State Register December 7, 2022/Volume XLIV, Issue 49, eff.
					 12/21/2022 is not
					 yet available
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter D - Real Estate Brokers And Salesmen › Part 177 - Continuing Education › Section 177.19 - Registration period

Current through Register Vol. 46, No. 28, July 10, 2024
Each registration or renewal period for approved programs
					 or courses shall be for 12 months or a part thereof, said period to commence on
					 January 1st or date thereafter and to continue until December
					 31st.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter D - Real Estate Brokers And Salesmen › Part 177 - Continuing Education › Section 177.20 - Distance learning programs-computer based

Current through Register Vol. 46, No. 28, July 10, 2024
Distance education is defined as any educational process
					 based on the geographical separation of instructor and learner (e.g., CD-ROM,
					 disk, on-line learning, etc.). Educational providers who wish to offer distance
					 learning programs must have their programs evaluated and approved in accordance
					 with the provisions of this Part, including specifically sections 177.21 and
					 177.22.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter D - Real Estate Brokers And Salesmen › Part 177 - Continuing Education › Section 177.21 - Request for approval of distance learning programs

Current through Register Vol. 46, No. 28, July 10, 2024
Each request for approval of a distance learning program
					 shall be made at least 60 days before the proposed course is to be offered and
					 shall include the following:
(a) name,
				  address and telephone number of the applicant;
(b) if applicant is a partnership, the names
				  of the partners in the entity, if a corporation, the names of any persons who
				  own five percent or more of the stock of the entity;
(c) title of each course to be
				  offered;
(d) duration and time of
				  each course offered;
(e) a detailed
				  outline of the subject matter of each course, together with the time sequence
				  of each major unit and module;
(f)
				  the disk or CD-ROM for the course or access to the on-line course;
(g) an explanation of the means for
				  monitoring and verifying each student's active participation, on an ongoing
				  basis, during each module of instruction;
(h) a brief description of the hardware and
				  software to be used by the student; and
(i) a plan for providing technical support to
				  the student.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter D - Real Estate Brokers And Salesmen › Part 177 - Continuing Education › Section 177.22 - Distance learning program requirements

Current through Register Vol. 46, No. 28, July 10, 2024
To be approved, a distance learning program must meet the
					 following criteria:
(a) the material of
				  a distance learning program must be divided into major units;
(b) the contents of major units must be
				  divided into modules of instruction;
(c) the distance learning program must
				  contain a time-default mechanism for inactivity so that a student is not
				  credited when not actively participating in the program;
(d) the school or other person offering the
				  program must obtain from each student a signed and dated statement that he or
				  she personally completed each module of the learning program;
(e) the school or other person offering the
				  program must retain a record of each student's participation in and completion
				  of the distance-learning program for a period of three years, and such record
				  must be available for reveiw and inspection by the Department of
				  State;
(f)-(g)
				  [
Reserved
]
(h) the
				  school or other person offering the program must provide evidence of successful
				  completion of the course to each student in certificate form. The certificate
				  must indicate the following: the name of the approved entity, the name of the
				  course, the code number of the course, and that the student, who shall be
				  named, has satisfactorily completed the continuing education course approved by
				  the Department of State and the number of hours earned. The certificate must be
				  signed and dated by the owner or course coordinator and must have affixed
				  thereto the official seal of the school or other person offering the program;
				  and
(i) the school or other person
				  offering the program must submit to the Department of State within 15 days the
				  names and license registration numbers of all individuals who successfully
				  completed the approved course.