58-3046a. Educational requirements.

1. Except as provided in K.S.A. 58-3040 and amendments thereto, any person who applies for an original license in this state as a salesperson shall submit evidence, satisfactory to the Commission, of attendance of a principles of real estate course, of not less than 30 hours of instruction, approved by the Commission and received within the 12 months immediately preceding the filing of application for salesperson's license. The Commission may require the evidence to be furnished to the Commission with the original application for license or it may require the applicant to furnish the evidence to the testing service designated by the Commission as a prerequisite to taking the examination required by K.S.A. 58-3039 and amendments thereto. If the evidence is furnished to the testing service, the instruction shall have been received within 12 months immediately preceding the date of the examination.
2. Except as provided in K.S.A. 58-3040 and amendments thereto, any person who applies for an original license in this state as a broker shall submit evidence, satisfactory to the Commission, of attendance of 24 hours of instruction, approved by the Commission and received within the 12 months immediately preceding the filing of application for broker's license. Such hours shall be in addition to any hours of instruction used to meet the requirements of subsection (c), (d), (e) or (f). The Commission may require the evidence to be furnished to the Commission with the original application for license, or it may require the applicant to furnish the evidence to the testing service designated by the Commission as a prerequisite to taking the examination provided in K.S.A. 58-3039 and amendments thereto. If the evidence is furnished to the testing service, the instruction shall have been received within 12 months immediately preceding the date of the examination.
3. Except as provided in subsections (d), (e) and (f), at or prior to each renewal date established by the Commission, any person who is licensed in this state as a broker or as a salesperson shall submit evidence, satisfactory to the Commission, of attendance of not less than 12 hours of additional instruction approved by the Commission and received during the renewal period.
4. Any person who obtained an original license in this state as a salesperson after July 1, 1988, and before July 1, 1991, shall submit evidence, satisfactory to the Commission, of attendance of courses of instruction approved by the Commission at or prior to each renewal date established by the Commission as follows:
1. At or prior to the first license renewal, 50 hours of instruction received after the date of licensure. Such evidence shall not be required until the second license renewal if the original license expires less than six months after issuance.
2. At or prior to each license renewal thereafter, 12 hours of additional instruction received during the renewal period.
   
   Any salesperson who obtains a broker's license in this state prior to completing the 50 hours of instruction required by this subsection shall submit the same evidence to renew the broker's license that would have been required to renew the salesperson's license.
5. Any person who obtains an original license in this state as a salesperson on or after July 1, 1991 and before October 1, 1997, shall submit evidence, satisfactory to the Commission, of attendance of courses of instruction approved by the Commission at or prior to each renewal date established by the Commission as follows:
1. At or prior to the first license renewal, 30 hours of instruction received after the date of licensure. Such evidence shall not be required until the second license renewal if the original license expires less than six months after issuance.
2. At or prior to each license renewal thereafter, 12 hours of additional instruction received during the renewal period.
   
   Any salesperson who obtains a broker's license in this state prior to completing the 30 hours of instruction required by this subsection shall submit the same evidence to renew the broker's license that would have been required to renew the salesperson's license.
6. Any person who obtains a temporary license in this state as a salesperson on and after October 1, 1997, shall submit evidence, satisfactory to the Commission, of attendance of courses of instruction approved by the Commission as follows:
1. No later than ten days prior to the expiration date of the temporary license, 30 hours of instruction received after the date of licensure.
2. At or prior to the first renewal of a license issued pursuant to subsection (f)(2) or (4) of K.S.A. 58-3039, and amendments thereto, 12 hours of additional instruction received during the renewal period. Such evidence shall not be required until the second license renewal if the license expires less than six months after issuance.
3. At or prior to each license renewal thereafter, 12 hours of additional instruction received during the renewal period.
7. Except for courses reviewed pursuant to subsection (j), on and after January 1, 1994, courses of instruction required by this section shall be courses approved by the Commission and offered by:
1. An institution which is accredited by the north central association of colleges and secondary schools accrediting agency;
2. an area vocational or vocational-technical school as defined by K.S.A. 72-4412 and amendments thereto;
3. a proprietary school which has been issued a certificate of approval pursuant to the Kansas proprietary school act;
4. any agency of the state of Kansas; or
5. a similar institution, approved by the Commission, in another state.
8. The Commission shall adopt rules and regulations to:
1. Prescribe minimum curricula and standards for all courses offered to fulfill education requirements of this act,
2. designate a course of study to fulfill any specific requirement, which may include requiring that licensees pass a test as prescribed by the Commission for any course designated by the Commission in rules and regulations as a mandatory core requirement,
3. prescribe minimum qualifications for instructors of approved courses and
4. establish standards and procedures for approval of courses and instructors, monitoring courses, advertising, registration and maintenance of records of courses, and withdrawal of approval of courses and instructors.
9. The Commission may approve nontraditional courses consisting solely or primarily of home study, videotaped or computer-assisted instruction. For the purpose of this section, attendance of one hour of instruction shall mean 50 minutes of classroom instruction or the equivalent thereof in nontraditional study as determined by the Commission.
10. Courses of instruction required by this section shall be courses approved by the Commission either before or after their completion. The Commission may give credit toward the 12 hours of additional instruction required by subsection (c), (d), (e) or (f) to any licensee who submits an application for course review obtained from the Commission and pays the fee prescribed by K.S.A. 58-3063 and amendments thereto if, in the judgment of the Commission, the course meets the objectives of continuing education.
11. The Commission shall publish annually a list of educational institutions and entities and the courses offered by them in this state which are approved by the Commission.
12. No license shall be issued or renewed unless the applicable requirements set 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; Oct. 1.)