Terms Used In Louisiana Revised Statutes 37:1460.1

  • Commission: means the Louisiana Real Estate Commission. See Louisiana Revised Statutes 37:1431
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Real estate: shall mean and include condominiums and leaseholds, as well as any other interest in land, with the exceptions of oil, gas and other minerals and whether the real estate is situated in this state or elsewhere. See Louisiana Revised Statutes 37:1431
  • Uphold: The decision of an appellate court not to reverse a lower court decision.

            A. A vendor which has been licensed by the Louisiana Real Estate Commission to provide continuing education courses to licensees of the commission shall be exempt from the continuing education approval processes as set forth in the Louisiana Administrative Code or prescribed by the commission when seeking approval of the following:

            (1) Courses offered to obtain certifications or designations awarded by the National Association of REALTORS or its affiliated institutes, societies, and councils.

            (2) Live courses offered once a year in any one location and in conjunction with a conference, meeting, forum, or similar event held or sponsored by a state or local real estate trade association, or any institutes, societies, or councils affiliated with a state or local real estate trade association.

            B. In order for licensees to earn continuing education credit for courses delineated in Subsection A of this Section, the vendor of the course shall submit the course for approval pursuant to the process set forth in this Section.

            C.(1) To obtain approval for continuing education credit for the courses delineated in Subsection A of this Section, a vendor shall submit the following information to the executive director of the commission by electronic mail at least forty-five days prior to the planned date of the course:

            (a)(i) The date, location, and time the course will be provided.

            (ii) If the date, location, or time of the course has not been finalized, the vendor shall state reasons for the uncertainty and submit the omitted information at least ten days before the course is taught.

            (b)(i) For courses described in Paragraph (A)(1) of this Section, for initial approval, the vendor shall submit either the course materials, course syllabus, or both, if available. In applications for renewal, the vendor shall submit a brief summary of the course content.

            (ii) For courses described in Paragraph (A)(2) of this Section, the vendor shall submit either the course content or a brief summary of the course content.

            (c) The name and qualifications of every instructor involved in conducting the course.

            (d) The number of credit hours.

            (2) The executive director shall notify the vendor of whether the course has been approved or denied approval within seven calendar days of submission for approval.

            (3) If approval is denied by the executive director, the question of approval shall be placed on the agenda of the next regularly scheduled meeting of the commission. At the meeting, the commissioners shall vote to either uphold the decision of the executive director or to approve the course for continuing education credit.

            D.(1) Any course described in Paragraph (A)(1) of this Section and approved pursuant to the provisions of this Section shall be valid for continuing education credit for three years from the date of approval or renewal.

            (2) If a course described in Paragraph (A)(1) of this Section has not been approved for renewal before the expiration of the three-year time period, it shall not be acceptable for use as continuing education credit.

            E.(1) Any state department, office, board, or commission may offer any course for continuing education credit for real estate licensees without being licensed as a real estate education vendor.

            (2) Any state department, office, board, or commission seeking to offer any course for continuing education credit for real estate licensees shall submit the course for approval pursuant to the provisions of this Section and shall be exempt from course and instructor approval requirements provided for in the Louisiana Administrative Code or prescribed by the commission.

            F. The following shall apply to any course submitted for approval or approved for continuing education pursuant to the provisions of this Section:

            (1) The commission shall not require a separate process to approve the instructor of the course.

            (2) If there is a change in the instructor, the vendor shall provide the executive director with the name of the new instructor and a brief statement as to why the instructor is qualified to conduct the course, at least seven days prior to the course.

            (3) Neither the commission nor any third-party contractor shall require or request that the vendor or instructor provide an instructor guide, a narrative of the information to be presented in the course, a detailed course outline, time allotment for topics, detailed learning objectives, or instructional methods or aids, when the vendor is seeking approval or renewal of approval of a course.

            (4) Neither the commission nor any third party shall require the vendor or instructor to submit additional information about the course content, delivery method, or instructor unless for use in addressing a formal written complaint that may be received by the commission about the course or instructor.

            Acts 2019, No. 110, §1.