Michigan Laws 339.2504a – Continuing education
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Terms Used In Michigan Laws 339.2504a
- associate real estate broker: means an individual who meets the requirements for licensure as a real estate broker under this article and who is licensed as an associate real estate broker under section 2505 to provide real estate brokerage services as an employee or independent contractor of a real estate broker. See Michigan Laws 339.2501
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- License cycle: means the term of a license issued under this article. See Michigan Laws 339.2501
- Pocket card: means the pocket card that contains information about the license that the department provides under section 2506 when it issues a license under this article. See Michigan Laws 339.2501
- Professional designation: means a certification from a real estate professional association that demonstrates that an individual has attained proven skills or education in a real estate occupational area and may include the right to use a title or letters after the licensee's name that represent the designation awarded by the certifying entity. See Michigan Laws 339.2501
- Real estate broker: means an individual or business entity that, with intent to collect or receive a fee, compensation, or valuable consideration, sells or offers for sale, buys or offers to buy, provides or offers to provide market analyses of, lists or offers or attempts to list, or negotiates the purchase, sale, or exchange of real estate; that negotiates the mortgage of real estate; that negotiates for the construction of a building on real estate; that leases or offers or rents or offers for rent real estate or the improvements on the real estate for others, as a whole or partial vocation; that engages in property management as a whole or partial vocation; that sells or offers for sale, buys or offers to buy, leases or offers to lease, or negotiates the purchase or sale or exchange of a business, business opportunity, or the goodwill of an existing business for others; or that, as owner or otherwise, engages in the sale of real estate as a principal vocation. See Michigan Laws 339.2501
- Sponsor: means a person that represents to the public that the courses it conducts for purposes of this article fulfill the requirements of section 2504a for continuing education. See Michigan Laws 339.2501
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o
(1) Subject to subsection (6), a licensee must successfully complete at least the following number of hours of eligible continuing education courses in each license cycle:
(a) Beginning with the license cycle after the effective date of the rules promulgated under subsection (2)(f), the number of hours determined by the department by rule.
(b) In each license cycle before the license cycle described in subdivision (a), 18 clock hours.
(2) All of the following apply to the continuing education requirement described in subsection (1):
(a) In completing the appropriate number of hours of eligible continuing education courses, a licensee must complete the following number of hours of eligible continuing education courses in each year of a license cycle:
(i) Not less than 2 hours of courses that involve laws, rules, and court cases regarding real estate.
(ii) Not less than 1 hour of courses that involve compliance with local, state, or federal fair housing laws.
(b) After accounting for the hours required under subdivision (a), a licensee may select any continuing education courses in the licensee’s area of expertise to complete the remaining hours of eligible continuing education courses required under subsection (1) and may complete those hours at any time during the license cycle.
(c) At the time a licensee attends an eligible continuing education course, the licensee shall do both of the following to confirm the licensee’s identity:
(i) Present the licensee’s pocket card, or provide the licensee’s license identification number, from the department to the course provider.
(ii) Present the licensee’s operator’s license or chauffeur’s license issued under the Michigan vehicle code, 1949 PA 300, MCL 257.1 to 257.923, an official state personal identification card issued under 1972 PA 222, MCL 28.291 to 28.300, or other government-issued photo identification to the course provider.
(d) If a licensee successfully completes an education course to obtain a professional designation, the number of hours of that course is counted toward the total number of hours of continuing education courses required in a license cycle.
(e) If a licensee successfully completes an eligible continuing education course, the licensee does not earn additional hours toward the requirements of this section if the licensee repeats that course.
(f) The department by rule shall do all of the following:
(i) Determine and provide for the publication of the number of hours of eligible continuing education courses a licensee must successfully complete in a license cycle, including the required hours in each year of a license cycle under subdivision (a). The department shall determine the number of hours that are required in a license cycle by multiplying the number of years in the license cycle by 6.
(ii) Establish the standards for determining if a continuing education course is an eligible continuing education course for purposes of this section.
(3) An applicant for license renewal under section 2502a shall certify compliance with subsections (1) and (2) to the department. A licensee shall retain evidence acceptable to the department that demonstrates the licensee has met the continuing education requirements under this section, for not less than 4 years after the date of that certification, and shall produce the following information at the request of the department:
(a) The name and contact information of the continuing professional education program sponsor.
(b) The participant’s name.
(c) The course title and course field of study.
(d) The date the course was offered or completed.
(e) If applicable, the location of the course.
(f) Verification by a representative of the continuing professional education program sponsor of the participant’s completion of the course.
(g) The number of hours of instruction included in the course and a time statement from the continuing professional education program sponsor that states that continuing professional education credits for the course were granted on a 50-minute hour.
(4) An applicant for license renewal under section 2502a is subject to audit by the department for compliance with subsections (1) and (2), or (6), and may be required to submit the documentation described in subsection (3) to the department on request.
(5) If the department finds as the result of an audit under subsection (4) that an applicant for license renewal under section 2502a did not complete sufficient hours of eligible continuing education courses to renew the licensee’s license, any penalty imposed by the department must include a requirement that the licensee complete a sufficient number of additional hours of continuing education to fulfill the requirements for the period determined by audit to be deficient.
(6) If a real estate broker, associate real estate broker, or salesperson receives a license that is issued after the beginning of the current license cycle for that license, the department may prorate the number of hours of eligible continuing education that licensee is required to complete under subsections (1) and (2) for the year of the license cycle in which the license is issued.
(7) Course credits used to meet continuing education requirements under this section do not apply toward the real estate broker’s license prelicensure education requirements under section 2504, and course credits successfully completed under real estate broker’s license prelicensure education requirements under section 2504 do not apply toward the continuing education requirements of this section.
(8) As used in this section, “eligible continuing education course” means a continuing education course that meets the standards established by the department by rule under subsection (2)(f) and, if successfully completed by a licensee, is counted toward the licensee’s continuing education requirements under this section.