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(1) Request for prelicensing education course and instructor approval must be made on forms approved by the board and submitted 60 days prior to the initial course offering date.

(2) Expiration of course approval or instructor approval is three years from the date of approval, but may be revoked for cause.

(3) Distance education courses may be approved if the board determines that:

(a) an appropriate and complete application has been filed and approved by the board;

(b) the distance education course meets the content requirements as established under this rule;

(c) the distance education course is certified by the Association of Real Estate License Law Officials (ARELLO) and the course provider has provided appropriate documentation that the ARELLO certification is in effect. Approval will cease immediately should the ARELLO certification be discontinued for any reason; and

(d) the distance education course meets all other requirements as prescribed in the statutes and rules that govern the operation of approved courses.

(4) Instructors teaching more than 25 percent of a prelicensing course must be approved by the board as prelicensing instructors.

(5) The course provider is responsible for the actions and representations of all instructors who aid or assist in the instruction of the prelicensing education course.

(6) No more than eight hours of instruction may be offered per day. Examination time does not count as hours of instruction.

(7) Approved instructors must have:

(a) a bachelor's degree in a field traditionally associated with the subject matter being taught; or

(b) advanced training on instruction methods and adult learning; and

(c) one year of experience in property management education.

(8) A property management application must provide evidence of successfully completing a minimum of 30 hours of prelicensure education approved by the board.

(9) The prelicensure curriculum must consist of the following topics:

(a) landlord tenant law (Title 70, chapter 24, MCA);

(b) federal and state fair housing laws;

(c) Americans with Disabilities Act;

(d) state licensing law and rules;

(e) trust accounts;

(f) accounting procedures;

(g) definitions;

(h) contract law;

(i) agency; and

(j) leasing principles.


History: 37-1-131, 37-51-203, MCA; IMP, 37-51-202, 37-51-601, 37-51-603, MCA; NEW, 1993 MAR p. 1909, Eff. 8/13/93; AMD, 2001 MAR p. 789, Eff. 1/1/02; TRANS, from Commerce, 2005 MAR p. 2455; AMD, 2007 MAR p. 1329, Eff. 9/7/07; AMD, 2010 MAR p. 532, Eff. 2/26/10.

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