58-3046a. Licensure; educational requirements.
58-3046a
58-3046a. Licensure; educationalrequirements.(a) Except as provided in K.S.A. 58-3040, and amendments thereto, anypersonwho applies for an original license in this state as asalespersonshall submitevidence, satisfactory to the commission, of attendance of a principlesof real estate course, of not less than 30 hours of instruction, approvedby the commission and received within the 12 months immediately preceding thefiling of application for salesperson's license.The commission may require the evidence to befurnished to the commission with the original application for license orit may require the applicant to furnish the evidence to the testing servicedesignated by the commission as a prerequisite to taking the examinationrequired by K.S.A. 58-3039 and amendments thereto. If the evidence isfurnished to the testing service, the instruction shall have been receivedwithin12 months immediately preceding the date of the examination.
(b) Except as provided in K.S.A. 58-3040, and amendments thereto, anyperson who applies for an original license in this state as abroker shall submit evidence, satisfactory to the commission,of attendance of 24hours of instruction, approved by the commission and received within the 12months immediately preceding the filing of application for broker's license.Such hours shall be in addition to any hours of instruction used to meetthe requirements of subsection (c), (d), (e) or (f).The commission may require the evidence to befurnished to the commission with the original application for license, orit may require the applicant to furnish the evidence to the testing servicedesignated by the commission as a prerequisite to taking the examinationprovided in K.S.A. 58-3039, and amendments thereto. If the evidence isfurnished to the testing service, the instruction shall have been receivedwithin 12 months immediately preceding the date of the examination.
(c) Any person who applies for an original license in this state as asalesperson on or after July 1, 2007, shall submit evidence, satisfactory tothe commission, of attendance of a Kansas real estate practice course, of notless than 30 hours of instruction, approved by the commission and receivedwithin the six months immediately preceding the filing of the application forlicensure.
(d) Any person who applies for an original license in this state as a brokeron or after July 1, 2007, who is a nonresident of Kansas or who is a residentof Kansas applying for licensure pursuant to subsection (e) of K.S.A. 58-3040,and amendments thereto, shall submit evidence, satisfactory to the commission,of attendance of a Kansas real estate course, of not less than four hours ofinstruction and received within the six months immediately preceding the filingof the application for licensure. Such course shall be approved by thecommission and shall be specific to Kansas law with primary emphasis on issuesthat arise under the brokerage relationships in real estate transactions act,K.S.A. 58-30,101 et seq., and amendments thereto, and rules or regulationsadopted thereunder.
(e) At or prior to eachrenewal date established by the commission, any person who is licensed inthis state as a broker or as a salesperson shall submitevidence,satisfactory to the commission, of attendance of not less than12 hours of additional instructionapproved by the commissionand received during the renewal period.
(f) Any person who obtains a temporarylicense in this state asa salesperson prior to July 1, 2007,shall submitevidence, satisfactory to the commission, of attendance ofcourses of instruction approved by the commission as follows:
(1) No later than ten days prior to the expiration date ofthe temporary license, 30 hours of instruction received after thedate of licensure.
(2) At or prior to the first renewal of a license issuedpursuant to K.S.A. 58-3039, andamendments thereto, 12 hours of additional instruction receivedduring the renewal period. Such evidence shall not be requireduntil the second license renewal if the license expires less thansix months after issuance.
(3) At or prior to each license renewal thereafter, 12 hoursof additional instruction received during the renewal period.
(g) Any person who qualifies for original licensure as a salespersonpursuant to K.S.A. 58-3039, and amendments thereto, on or after July 1, 2007,shall not be required to comply with subsection (e) until the second licenserenewal period if the license expires less than six months after it isissued.
(h) Except for courses reviewed pursuant to subsection (k), courses ofinstruction required by thissection shall be courses approved by the commission and offered by:
(1) An institution whichis accredited by the north central association of colleges and secondaryschools accrediting agency;
(2) an area vocational or vocational-technical school as defined by K.S.A.72-4412, and amendments thereto;
(3) a private or out-of-state postsecondaryeducational institution which has been issued a certificate of approvalpursuant to the Kansas private and out-of-statepostsecondary educational institution act;
(4) any agency of the state of Kansas; or
(5) a similar institution, approved by the commission, in another state.
(i) The commission shall adopt rules and regulations to: (1) Prescribeminimum curricula and standards for all courses offered to fulfilleducation requirements of this act, (2) designate a course of study tofulfill any specific requirement, which may include a testingrequirement, (3) prescribe minimumqualifications for instructors of approved courses and (4) establish standardsand procedures for approval of courses and instructors, monitoring courses,advertising, registration and maintenance of records of courses, and withdrawalof approval of courses and instructors.
(j) The commission may approvedistance education coursesconsistingsolely or primarily of instruction provided online or in othercomputer-assisted formats, or by correspondence, audiotape, videotape or othermedia.For the purposes of this section, attendance of one hourof instructionshall mean50 minutes of classroom instruction or the equivalent thereof indistance education study as determined by the commission.
(k) Courses of instruction required by this section shallbe courses approved by the commissioneither before or after their completion.The commission may give credit toward the 12 hours of additional instructionrequired by subsection (e) or (f) to any licensee who submitsan application forcourse review obtained from the commission and pays the feeprescribed by K.S.A. 58-3063, and amendments thereto, if, in thejudgmentof thecommission, the course meets the objectives of continuing education.
(l) The commission shall publish annually a list ofeducational institutionsand entities and the courses offered by them in this state which are approvedby the commission.
(m) No license shall be issued or renewed unless theapplicable requirementsset forth in this section are met within the time prescribed.
History: L. 1982, ch. 231, § 1;L. 1985, ch. 188, § 3;L. 1986, ch. 209, § 8;L. 1991, ch. 163, § 2;L. 1993, ch. 241, § 4;L. 1995, ch. 149, § 4;L. 1997, ch. 65, § 10;L. 2006, ch. 66, § 1;L. 2007, ch. 88, § 6;L. 2009, ch. 7, § 2; July 1.