Chapter 55

Chapter 55. Real Estate Vendors; Post-License and Continuing Education

§5501. Real estate Vendor Approval; Applications and Procedures

A. This Chapter shall apply to real estate education vendors seeking approval to conduct a course of education in real estate post-license and/or continuing education subjects.

B. Any individual or entity desiring to conduct business in this state as a real estate education vendor shall file an application for certification with the commission.

C. The application shall be in such form and detail as prescribed by the commission and shall be accompanied by all documentation requested therein and the certification fee(s) prescribed in R.S. 37:1443.

D. The commission shall approve or deny a real estate education vendor application within 45 calendar days after it is received. Incomplete applications or a request from the commission for additional information may be cause for delay beyond 45 calendar days.

E. The commission may deny an application for certification as a real estate education vendor for any of the following reasons.

1. The applicant has been convicted of forgery, embezzlement, obtaining money under false pretenses, larceny, extortion, conspiracy to defraud, or theft, or has been convicted of a felony or crime involving moral turpitude in any court of competent jurisdiction.

2. An application contains a false statement of material fact.

3. A professional license or certification held by an applicant has been revoked.

AUTHORITY NOTE: Promulgated in accordance with R.S. 37:1431 et seq.
HISTORICAL NOTE: Promulgated by the Department of Economic Development, Real Estate Commission, LR 26:55 (January 2000), amended by the Office of the Governor, Real Estate Commission, LR 32:1457 (August 2006), LR 37:3018 (October 2011).

§5503. Surety Bonds

A. Applicants for certification as a real estate education vendor shall submit proof of a five thousand dollar ($5,000) surety bond issued by an insurance company that is authorized to conduct business in Louisiana.

B. Bonds shall be in favor of the state of Louisiana and conditioned for the protection of the contractual rights of students who attend real estate courses offered by the real estate education vendor.

C. Bonds shall remain effective and in force throughout the certification period of the real estate education vendor

D. Proof of bond renewal shall be provided to the commission annually.

E. Failure to maintain a bond shall be cause for revocation or suspension of a certification.

§5505. Real Estate Vendor Certifications; Initial and Renewal Certificates

A. The commission shall issue a real estate education vendor certificate to all applicants approved under this Chapter.

B. The commission shall assign a certificate number that shall be included in all advertisements of approved courses and on all forms, documents, and reports filed with the commission.

C. A vendor certification for an application that is submitted and approved after October 31 may be issued effective January 1 of the following year.

D. A vendor certification shall be issued for a maximum period of one calendar year and shall expire annually on December 31 unless an application for renewal is submitted.

E. Failure to renew a vendor certification by December 31 shall result in the automatic suspension of all course approvals issued under the certification, and the commission shall not accept any post-license education or continuing education courses for credit, if the courses were offered after the expiration of the certification.

F. Applications for delinquent renewal of a certificate of authority shall not be accepted by the commission after December 31. Failure to renew an expired Certificate of Authority during the prescribed delinquent period of October 1 through December 31 shall result in the forfeiture of renewal rights. Any real estate school that becomes ineligible to renew a Certificate of Authority shall apply as an initial applicant.

AUTHORITY NOTE: Promulgated in accordance with R.S. 37:1431 et seq.
HISTORICAL NOTE: Promulgated by the Department of Economic Development, Real Estate Commission, LR 26:52 (January 2000), amended by the Office of the Governor, Real Estate Commission, LR 32:1456 (August 2006), LR 37:3014 (October 2011), amended LR 49:656 (April 2023).

§5507. Designated Contact Person; Duties

A. All real estate education vendors shall designate a contact person, whose duty it shall be to ensure that the operations of the vendor, and all training locations, adhere to the requirements of the Louisiana Real Estate License Law and the rules and regulations of the commission, and who shall be held responsible to the commission for any violations thereof.

B. The commission shall be notified in writing within 10 days if the designated contact person for a real estate education vendor is changed.

C. The designated contact person shall coordinate and disseminate information pertaining to amendments in the license law, rules and regulations, or policies and procedures of the commission to all staff, instructors, and employees.

AUTHORITY NOTE: Promulgated in accordance with R.S. 37:1431 et seq.
HISTORICAL NOTE: Promulgated by the Department of Economic Development, Real Estate Commission, LR 26:56 (January 2000), amended by the Office of the Governor, Real Estate Commission, LR 32:1458 (August 2006), LR 37:3019 (October 2011).

§5509. Inspections and Monitoring of Approved Vendors and Courses

A. Real estate education vendors shall provide adequate space, seating, equipment, and instructional material to accommodate the number of enrolled students.

B. The commission may inspect any facility used by a real estate education vendor at any time during regular business hours.

C. Real estate education vendors shall be subject to periodic audits and reviews, as determined by the commission, to ensure that courses are conducted in accordance with the provisions set forth in R.S. 37:1460 and this Chapter. This may include the observation and evaluation of classroom activities, course content, instructor proficiency, and/or the audit of reporting/attendance records.

D. If the real estate education vendor is found deficient in any part of this Section, the commission shall prepare a report specifying the areas of deficiency.

E. Any real estate education vendor that receives a report of deficiencies shall correct the deficiencies by the date designated by the commission and shall submit a signed, written report to the commission that outlines the corrective action.

F. Failure to respond to a report of deficiencies, in accordance with the deadline designated by the commission, may result in payment of a fine, or the suspension or revocation of any certificate for a vendor found to be in violation of this requirement.

AUTHORITY NOTE: Promulgated in accordance with R.S. 37:1435.
HISTORICAL NOTE: Promulgated by the Department of Economic Development, Real Estate Commission, LR 26:56 (January 2000), amended by the Office of the Governor, Real Estate Commission, LR 32:1459 (August 2006), LR 37:3019 (October 2011).

§5511. Record Keeping

A. Real estate education vendors shall maintain accurate and properly indexed records on all students for at least five years after course completion and shall produce those records for inspection upon request of the commission. Electronic records shall be maintained in a readily available format that does not prohibit, delay, or otherwise impede inspection.

B. Real estate education vendors shall maintain the following records on each student:

1. complete name, as licensed with the commission, and address;

2. course title, as approved by the commission;

3. credit hours received;

4. dates of attendance;

5. test scores or pass/fail indications.

C. Real estate education vendors shall provide any student who requests it with a duplicate copy of his/her course completion records. The real estate education vendor shall determine any fee associated with providing the records.

§5513. Post-License and Continuing Education Instructors

A. No person shall act as a post-license/continuing education instructor, and no real estate vendor shall hire or otherwise permit any person to act as a post-license/continuing education instructor, unless that person has been approved by the commission.

B. The application to become approved as a real estate post-license/continuing education instructor shall be in such form and detail as prescribed by the commission and shall be accompanied by any documentation requested therein and the certification fee(s) prescribed in R.S. 37:1443.

1. Approval as a post-license/continuing education instructor shall be required per vendor course and shall not qualify an approved instructor to instruct any other post-license/continuing education courses.

2. The expiration of an approved post-license/continuing education course shall result in the automatic expiration of all instructor approvals issued for that course.

C. The commission shall approve or deny a post-license/continuing education instructor application within 45 calendar days after it is received. Incomplete applications, or a request from the commission for additional information, may be cause for delay beyond 45 calendar days.

D. The commission may deny an application for approval as a post-license/continuing education instructor for any of the following reasons.

2. An application contains a false statement of material fact.

3. A professional license or certification held by an applicant has been revoked.

4. The applicant fails to meet the minimum requirements prescribed by the commission.

AUTHORITY NOTE: Promulgated in accordance with R.S. 37:1431 et seq.
HISTORICAL NOTE: Promulgated by the Office of the Governor, Real Estate Commission, LR 37:3020 (October 2011), amended LR 38:3172 (December 2012).

§5515. Supplemental Post-License/Continuing Education Instructors

A. Real estate vendors may hire or otherwise permit a supplemental course instructor to participate with a primary instructor in the instruction of an approved post-license/continuing education course, provided the supplemental course instructor is named as such in the application for post-license/continuing education instructor submitted by the primary instructor.

B. A supplemental course instructor shall work under the direct supervision of the approved primary course instructor and shall be limited to no more than 25 percent of the total course instruction. In instances where there is more than one supplemental course instructor, the supplemental course instructors shall be limited to a combined total of no more than 25 percent of the total course instruction.

§5519. Vendor Advertising

A. Advertising by real estate education vendors shall not be false or misleading.

B. Advertisements shall state that the vendor is certified by the Louisiana Real Estate Commission and shall include the vendor certification number.

C. The commission may require a real estate education vendor to furnish proof of any advertising claims. The commission may order the retraction of advertising that violates the provisions of this Section. Such retractions shall be published in the same manner as the original claim and shall be paid for by the real estate education vendor.

AUTHORITY NOTE: Promulgated in accordance with R.S. 37:1431 et seq.
HISTORICAL NOTE: Promulgated by the Office of the Governor, Real Estate Commission, LR 37:3021 (October 2011).

§5521. Investigations and Hearings

A. The commission shall have the authority on its own motion, or following receipt of a complaint, to investigate any real estate education vendor to determine compliance with the Louisiana Real Estate License Law and the rules and regulations of the commission.

B. If an investigation by the commission determines that a violation has occurred, the commission shall follow the provisions of R.S. 37:1456 and the Louisiana Administrative Procedure Act, R.S. 49:950, et seq.

AUTHORITY NOTE: Promulgated in accordance with R.S. 37:1431 et seq.
HISTORICAL NOTE: Promulgated by the Office of the Governor, Real Estate Commission, LR 37:3021 (October 2011).

§5523. Suspension or Revocation of a Vendor Certification or Post-License/Continuing Education Instructor Approval

A. The commission may impose fines, and/or suspend or revoke a vendor certification and/or post-license/continuing education instructor approval for the following acts committed by a vendor, employee, or approved post-license/continuing education instructor:

1. violation of any rule or regulation promulgated by the commission;

2. conviction of a felony or entering a plea of guilty or nolo contendere to a felony charge;

3. refusal to appear or testify under oath at any hearing held by the commission;

4. false certification of course attendance hours for any student;

5. suspension or revocation of a salesperson, broker, or timeshare interest salesperson license by the commission;

6. failure of a real estate vendor contact person to inform post-license/continuing education instructors on changes to the Louisiana Real Estate License Law or commission rules and regulations.

7. using designated course instruction time to teach, promote, advance, encourage, or further personal opinion, information, data, statistics, facts, figures, material, news, reports, intelligence, or knowledge that is not included in the approved course curriculum.

B. Suspension or revocation of a post-license/continuing education instructor approval shall include all courses for which the post-license/continuing education instructor approval has been granted.

AUTHORITY NOTE: Promulgated in accordance with R.S. 37:1431 et seq.
HISTORICAL NOTE: Promulgated by the Office of the Governor, Real Estate Commission, LR 37:3021 (October 2011), amended LR 38:3172 (December 2012).

§ 5525. Course Approval; Applications and Procedures

A. Courses approved by the commission for instruction by real estate education vendors shall be classed in the following categories:

1. post-license education;

2. continuing education.

B. Real estate education vendors shall file a course approval application with the commission for each course that will be offered for credit toward renewal of a real estate license. Real estate vendors shall not advertise as approved by the commission, or otherwise schedule or offer a course, prior to receiving course approval from the commission.

C. The course approval application shall be in such form and detail as prescribed by the commission and shall be accompanied by the processing fee prescribed in R.S. 37:1443.

D. The commission shall approve or deny a course approval application within 45 calendar days after it is received. Incomplete applications or a request from the commission for additional information may be cause for delay beyond 45 calendar days.

E. Each course approved by the commission shall remain active for three years and shall expire on December 31 of the third year unless a renewal application for course approval is filed with the commission. The commission shall not accept credit for a non-renewed course that is presented after the date of expiration.

F. The commission shall assign a tracking number to each approved course that shall be used with the approved course title on all forms, documents, reports, and/or correspondence filed with the commission.

G. Real estate education vendors shall not amend the title or outline of any approved course without first obtaining the written approval of the commission.

1. All requests to amend a course shall be accompanied by the new course outline and the processing fee prescribed in R.S. 37:1443.

2. It shall be the responsibility of the real estate education vendor to amend each course as necessary so as to provide for any applicable law or rule change that is enacted during the course approval period. A fee shall not be required when a real estate course is amended to accommodate law or rule changes.

AUTHORITY NOTE: Promulgated in accordance with R.S. 37:1431 et seq.
HISTORICAL NOTE: Promulgated by the Office of the Governor, Real Estate Commission, LR 37:3021 (October 2011).

§5527. Post License Education Courses

A. Post-license education courses offered by real estate education vendors shall be developed in accordance with the content outline prescribed by the commission.

B. Real estate education vendors shall not issue credit for any post-license education course unless the student has passed an examination on the course content. Post-license hours shall be secured through and reported by one approved vendor.

C. Post-license education courses shall be open to all licensees regardless of broker affiliation.

§5529. Continuing Education Courses

A. Real estate education vendors may offer continuing education course topics that include, but are not limited to, appraisal, finance, taxes, zoning, Louisiana Real Estate License Law/commission rules and regulations, environmental quality, property management, and federal laws affecting real estate such as HUD and fair housing regulations.

B. Continuing education courses offered by real estate education vendors shall be a minimum of two hours. A classroom hour is defined as sixty minutes, of which fifty minutes are instruction. The prescribed number of classroom hours may include time devoted to examinations if a required part of the course. Time devoted to breakfasts, luncheons, dinners, or other refreshments shall not be counted as instruction time.

C. Licensees shall not receive duplicate credit for attending the same continuing education course from the same vendor in the same year. It shall be the responsibility of the real estate education vendor to advise licensees that credit shall not be awarded for completing duplicate courses within the same license period.

D. Course work completed by licensees through non-approved providers will be considered for credit by the commission on an individual basis. Licensees seeking approval for course work obtained through non-approved providers shall apply for such approval by submitting documentation of attendance, hours completed, date of attendance, and detailed course content information.

E. Continuing education courses shall be open to all licensees regardless of broker affiliation.

AUTHORITY NOTE: Promulgated in accordance with R.S. 37:1431 et seq.
HISTORICAL NOTE: Promulgated by the Office of the Governor, Real Estate Commission, LR 37:3022 (October 2011), amended LR 38:3172 (December 2012).

§5531. Mandatory Courses

A. The commission shall mandate an annual four-hour continuing education course topic and curriculum that licensees shall complete during each license period as a requirement for license renewal.

B. Real estate education vendors shall not offer the mandatory course for credit unless a course approval application has been approved by the commission.

C. There shall be no substitute curriculum for the mandatory course, including any previously approved course that is similar in name and/or content, without prior commission approval.

D. Any instructor used in the presentation of the mandatory course shall have first completed the annual Train the Trainer instructor workshop developed specifically for each mandatory course topic. Completion of a prior year Train the Trainer instructor workshop shall not be substituted for completion of the current year workshop.

§5533. Methods of Instruction

A. Live classroom training that is led by an instructor and held in a physical location, or delivered via a network, may be used to present post-license and continuing education courses and shall be in such format and detail as prescribed by the commission.

B. Distance education, for the purpose of this Chapter, shall mean any of the following methods of instruction:

1. interactive Internet-based instruction;

2. correspondence courses.

C. Correspondence courses, for the purpose of this Chapter shall be in such format and detail as prescribed by the commission for post- license or continuing education distance learning credit hours only. Passage of an examination on course content is a requirement for all correspondence courses.

D. Real estate education vendors that offer distance education courses shall apply for course approval as follows.

1. Distance education courses shall be submitted to the commission for content approval prior to any course offering.

2. Distance education courses that have been approved by the commission for course content shall be submitted to the Association of Real Estate License Law Officials (ARELLO) for certification of the delivery method prior to any course offering. Loss of ARELLO certification for courses approved under this Section shall automatically suspend commission approval of the course content.

E.1 Final examinations for distance education courses shall consist of multiple choice questions with four possible answers (a, b, c and d) as follows:

a. a minimum of 20 questions for each two hours of continuing education credit; or

b. a minimum of 150 questions for each post- license final exam.

2. The examination that a student submits for grading shall include a signed and dated statement that the student has personally completed the course and examination.

F. All courses submitted for approval shall be in the exact format in which they will be sold to licensees for post- license or continuing education credit.

G. Real estate education vendors shall not grade any written assignment or examination if it is presented for grading before the time frame for course completion has been reached.

H. Real estate education vendors shall not grade any examination that does not contain the signed certification required in Paragraph E.2 of this Section.

I. Real estate education vendors shall certify students as successfully completing a course only if the student completes any written assignments and passes the required examination on course content.

AUTHORITY NOTE: Promulgated in accordance with R.S. 37:1431 et seq.
HISTORICAL NOTE: Promulgated by the Office of the Governor, Real Estate Commission, LR 37:3022 (October 2011).

§5535. Certificates of Completion

A. Real estate education vendors shall issue certificates containing the following information to students:

1. complete name of the real estate education vendor and the vendor certification number;

2. name of the student as licensed with the commission;

3. real estate license number;

4. number of credit hours completed;

5. course title as approved by the commission

6. date of course completion;

7. signature of authorized representative;

8. indication of delivery method.

AUTHORITY NOTE: Promulgated in accordance with R.S. 37:1435.
HISTORICAL NOTE: Promulgated by the Office of the Governor, Real Estate Commission, LR 37:3023 (October 2011).

§5537. Course Reporting; Schedules and Attendance

A. Real estate education vendors shall submit continuing education and post-license education course schedules and attendance verification reports to the commission.

B. Course schedules shall be received by the commission at least 10 calendar days prior to the beginning of each month.

C. Course schedules and attendance verification reports shall be submitted in such form and detail as prescribed by the commission.

AUTHORITY NOTE: Promulgated in accordance with R.S. 37:1431 et seq.
HISTORICAL NOTE: Promulgated by the Office of the Governor, Real Estate Commission, LR 37:3023 (October 2011).

§5539. Non-certified Real Estate Education Vendors

A. Non-certified real estate education vendors may request commission approval to offer continuing education courses under the following conditions.

1. Non-certified real estate education vendors shall comply with the course approval and course reporting procedures specified in Section 5537.A-C of this Chapter.

2. No more than two course approvals may be granted to each non-certified real estate education vendor within a one-year period.

3. Each course approval issued to a non-certified real estate education vendor shall be limited to a maximum of three presentations in locations that shall be specified in the request for approval. The commission shall not grant credit for any course presentation that exceeds the maximum specified in this Part.

AUTHORITY NOTE: Promulgated in accordance with R.S. 37:1431 et seq.
HISTORICAL NOTE: Promulgated by Office of the Governor, Real Estate Commission, LR 37:3023 (October 2011).