Ohio Admin. Code 1301:11-7-03 - Distance education

(A) For purposes of this rule, the term "distance education" refers to educational programs in which instruction is accomplished through the use of interactive, electronic media and where the teacher and student are not physically in the same location at the time the course is being taught means any education process based on geographical separation of student and instructor. Components of distance education includes synchronous, asynchronous and hybrid.

(1) In synchronous education offerings, the instructor and students interact simultaneously online, similar to a phone call, video chat or live webinar, or web-based meeting. Synchronous courses provide for instruction and interaction substantially the same as an on-site classroom setting. Synchronous courses meet class hour requirements if the course meets the requirements found in paragraph (C) of this rule.

(2) In asynchronous education offerings, the instructor and student interaction is non-simultaneous; the students progress at their own pace and follow a structured course content and quiz/exam schedule. Asynchronous courses meet the class hour requirements if the course meets the requirements found in paragraph (C) of this rule and paragraph (D) of rule 1301:11-7-01 of the Administrative Code.

(3) Hybrid courses, also known as blended courses, are learning environments that allow for both in-person and online (synchronous or asynchronous) interaction. In-person course settings, synchronous sessions, and asynchronous sessions for hybrid courses must meet the requirements found in paragraph (C) of this rule. Asynchronous sessions for hybrid courses must also meet the requirements found in paragraph (D) of rule 1301:11-7-01 of the Administrative Code.

(B) A course provider shall apply to the division of real estate, for distance education course approval, in a form prescribed by the superintendent of real estate and include a nonrefundable processing fee of two hundred dollars. The application form and processing fee must be submitted to the division of real estate at least forty-five days prior to the proposed initial date of the offering. Distance education courses completed by a licensee prior to being approved by the Ohio real estate appraiser board will not qualify for continuing education credit.

(C) For the purposes of this rule, the term "hours of classroom education" shall mean the amount of time necessary to complete the course, without interruption; interruption. A class hour is defined as sixty minutes, of which at least fifty minutes are instruction attended by the student. The prescribed number of class hours includes time for examinations. Credit for the class hour requirements may be obtained only from the following providers: colleges or universities; community or junior colleges; real estate appraisal or real estate-related organizations; state or federal agencies or commissions; proprietary schools; providers approved by the superintendent or the real estate appraiser board; or the appraisal foundation or its boards.

(D) In addition to the information required on the application form prescribed by the superintendent, an application for approval for a distance education course shall include the following and any other documentation or information requested by the superintendent:

(1) A complete copy of the course on the medium that is to be used and, if requested by the superintendent, the sponsor must make available at the sponsor's expense all software necessary for the superintendent to review the submitted course;

(2) Any other relevant information useful in determining that the course provider proposes an offering which will contribute to desired current knowledge for the purpose of protecting the consumer and improving service by state registered, licensed or certified appraisers;

(3) Summary of course design, including methods used to assure active student participation, a detailed course outline of topics covered, a time sequence for the hours requested, estimation of length of time it should take a student to complete the course;

(4) Satisfactory documentation of current approval or compliance with paragraph (D) of rule 1301:11-7-01 of the Administrative Code for each continuing education course for which an application is submitted.

(E) The Ohio real estate appraiser board may approve a course in distance education for continuing education credit, based upon a satisfactory review of the following criteria:

(1) The application and materials submitted pursuant to paragraph (D) of this rule;

(2) The course is designed to assure that students actively participate in the instructional process while completing the course by using techniques that require substantial student interaction with the instructor, other students or a computer program. The course design must not permit students to merely sit passively and observe instruction or read instructional materials;

(3) The sponsor provides the students with an orientation or information package which contains all necessary information about the course, including but not limited to information about the course subject matter and learning objective, procedures and requirements for satisfactory course completion, special requirements with regard to computer hardware and software or other equipment and the availability of instructor or technical support;

(4) The sponsor provides appropriate instructor and technical support to enable students to satisfactorily complete the course;

(5) The sponsor uses procedures that provide reasonable assurance of student identity and that the student receiving the continuing education credit for completing the course actually performed all of the work required to complete the course;

(6) The courses are designed to meet continuing education course requirements, subject areas of which are specified in paragraph (G) of this rule.

(F) Distance education for the national uniform standards of professional appraisal practice continuing education course required pursuant to paragraph (B) of rule 1301:11-7-01 of the Administrative Code shall only be awarded credit when the course is provided or course instruction is given by at least one appraisal qualifications board certified instructor(s) and who is a residential or general state certified appraiser.

(G) The Ohio real estate appraiser board may approve distance education course offerings in only the following subject areas:

(1) Ad valorem taxation;

(2) Arbitrations, dispute resolutions;

(3) Courses related to the practice of real estate appraisal or consulting;

(4) Developmental cost estimate;

(5) Ethics and standards of professional practice, uniform standards of professional appraisal practice;

(6) Land use planning, zoning;

(7) Management, leasing, timesharing;

(8) Property development, partial interests;

(9) Real estate financing and investment;

(10) Real estate law, easements and legal interests;

(11) Real estate litigation, damages, condemnation;

(12) Real estate appraisal related computer applications;

(13) Real estate securities and syndication;

(14) Federal, state, and municipal fair housing law, valuation bias and/or equal opportunity;

(15) Developing opinions of real property value in appraisals that also include personal property and/or business value;

(16) Seller concessions and impact on value; or

(17) Energy efficient items and "green building" appraisals.

(H) The superintendent may deny an application for course approval for a distance education course that does not include institutional controls on the pace of instruction that are satisfactory to the superintendent

(I) A state registered, licensed or certified appraiser may only receive credit for completion of a distance education course in the calendar year in which the course was completed, and for which the course was approved, unless the course is renewed for the succeeding year by filing a renewal with the division.

(J) A distance education course approval may be renewed for the succeeding year by filing with the division a renewal form prescribed by the division and include a nonrefundable processing fee of one hundred dollars. The course provider shall only include information or materials that have changed since the previous year's course approval. Failure to renew a course shall result in the automatic withdrawal of the course offering for the succeeding year, without any further action by the superintendent.

(K) Asynchronous Distance distance education courses or sessions intended for use as continuing education must include at least one of the following:

(1) A written examination proctored by an official approved by the college or university, or by the sponsoring organization. Bio-metric proctoring as defined by the appraiser qualifications board for the appraisal foundation is an acceptable form of proctoring. The term "written" as used herein refers to an exam that might be written on paper or administered electronically on a computer workstation or other device. Oral exams are not acceptable; or

(2) Successful completion of prescribed course mechanisms required to demonstrate knowledge of the subject matter.

Notes

Ohio Admin. Code 1301:11-7-03

Effective: 5/31/2023
Five Year Review (FYR) Dates: 2/10/2023 and 03/31/2028
Promulgated Under: 119.03
Statutory Authority: 4763.03, 4763.07, 4763.09
Rule Amplifies: 4763.07
Prior Effective Dates: 01/01/2008, 01/01/2009, 01/01/2012, 11/01/2012, 01/01/2015, 08/18/2016, 09/01/2021