SB-0126, As Passed House, May 30, 2017

SB-0126, As Passed Senate, March 14, 2017

SENATE BILL No. 126

February 9, 2017, Introduced by Senator KOWALL and referred to the Committee on Regulatory Reform.

A bill to amend 1980 PA 299, entitled

"Occupational code,"

by amending section 2504a (MCL 339.2504a), as amended by 2016 PA

502.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 2504a. (1) ~~In each year of a license cycle, subject~~

Subject to subsection (7), a licensee ~~shall~~ must successfully

complete at least ~~6 clock~~ 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)(e), 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 ~~may select education~~

~~courses in his or her area of expertise, but~~ must complete at least

2 hours of ~~the~~ eligible continuing education courses in each year

of a license cycle ~~must~~ that involve law, rules, and court cases

regarding real estate. The licensee may select any continuing

education courses in his or her 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.

(b) At the time he or she attends an eligible continuing

education course, a licensee shall do both of the following to

confirm his or her identity:

(i) Present his or her pocket card, or provide his or her

license identification number, from the department to the course

provider.

(ii) Present his or her 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.

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 ~~credits~~ courses required in

a license cycle.

(d) If a licensee successfully completes an eligible

continuing education course, he or she does not earn additional

hours toward the requirements of this section if he or she repeats

that course.

(e) 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 2 hours of

courses involving statutes, rules, and court cases required 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 he or she has met the continuing education

requirements under this section, for at least 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.

(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) A 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 (7), 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 his or her license, any penalty imposed

by the department shall include a requirement that the licensee

must complete both of the following, if applicable:

(a) A sufficient number of additional hours of continuing

education to fulfill the requirements for the period determined by

audit to be deficient.

(b) If the period determined by the audit to be deficient is

at least 60 days, additional hours of continuing education in 1 of

the following amounts:

(i) If the deficiency period is at least 60 days and less than

120 days, 4 hours.

(ii) If the deficiency period is 120 days or more, 8 hours.

(6) Hours of additional continuing education required under

subsection (5)(b) do not apply toward continuing education required

in ~~each year of~~ a license cycle. The department may waive the

requirement for additional hours under subsection (5)(b) if the

applicant demonstrates to the department that the additional hours

would present an undue hardship on the applicant.

(7) 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.

(8) 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.

(9) 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

~~(1)~~ (2)(e) and, if successfully completed by a licensee, is counted

toward the licensee's continuing education requirements under this

section.