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Volume 43 - Issue 50 - December 12, 2024

State of Kansas

Real Estate Commission

Permanent Administrative Regulations

Article 1.—EXAMINATION AND REGISTRATION

86-1-5. Fees. (a) Each applicant shall pay a fee in an amount equal to the actual cost of the examination and the administration of the examination to the testing service designated by the commission.

(b) Each applicant shall submit the following fees for licensure to the commission:

(1) For submission of an application for an original salesperson’s license, a fee of $15;

(2) for submission of an application for an original broker’s license, a fee of $50;

(3) for an original salesperson’s license, a prorated fee based on a two-year amount of $125;

(4) for an original broker’s license, a prorated fee based on a two-year amount of $175;

(5) for renewal of a salesperson’s license, a two-year fee of $125;

(6) for renewal of a broker’s license, a two-year fee of $175;

(7) for each branch office, a fee of $100; and

(8) for each primary office of a company created or established by a supervising broker, a fee of $100.

(c)(1) Each applicant shall pay a fee of $70 to the commission for the cost of submitting the applicant’s fingerprints to the Kansas bureau of investigation (KBI) for the purpose of obtaining a criminal history check conducted by the KBI and the federal bureau of investigation and for the commission’s reasonable costs of administering the criminal history check program.

(2) Each licensee who is submitting fingerprints in connection with an investigation of that licensee shall pay a fee of $70 for the cost of submitting the licensee’s fingerprints to the KBI for the purpose of obtaining a criminal history check conducted by the KBI and the federal bureau of investigation and for the commission’s reasonable costs of administering the criminal history check program in connection with any investigation.

(d) Each military spouse of an active military service member who resides or plans to reside in this state due to the assigned military station of the individual or the individual’s spouse shall pay a fee of $0 to the commission for any licensure fees or fingerprinting fees related to licensure.

(e) Each course provider seeking course approval pursuant to K.S.A. 58-3046a, and amendments thereto, shall pay a fee of $75 to the commission.

(f) Each licensee seeking approval of a course of instruction pursuant to K.S.A. 58-3046a(j), and amendments thereto, shall pay a fee of $20 to the commission. (Authorized by K.S.A. 2023 Supp. 58-3063; implementing K.S.A. 2023 Supp. 58-3039, as amended by L. 2024, ch.15, sec. 39, K.S.A. 2023 Supp. 58-3063 and K.S.A. 2023 Supp. 48-3406, as amended by L. 2024, ch. 9, sec. 1; effective Jan. 1, 1966; amended, E-73-30, Sept. 28, 1973; amended Jan. 1, 1974; amended, E-74-50, Sept. 13, 1974; amended May 1, 1975; amended, E-81-18, July 16, 1980; amended May 1, 1981; amended May 1, 1982; amended May 1, 1983; amended, T-86-10, May 1, 1985; amended May 1, 1986; amended, T-87-32, Nov. 19, 1986; amended May 1, 1987; amended Sept. 26, 1988; amended July 31, 1991; amended Dec. 20, 1993; amended July 31, 1996; amended, T-86-10-1-97, Oct. 1, 1997; amended Oct. 24, 1997; amended March 13, 1998; amended, T-86-7-2-07, July 2, 2007; amended Nov. 16, 2007; amended Dec. 1, 2015; amended March 17, 2017; amended Dec. 21, 2018; amended Sept. 16, 2022; amended Dec. 27, 2024.)

86-1-10. Approved courses of instructions; procedure. (a) Definitions. Each of the following terms, as defined in this subsection, shall apply to K.A.R. 86-1-10 through K.A.R. 86-1-12 and K.A.R. 86-1-17:

(1) “Commission” means Kansas real estate commission.

(2) “Coordinator” means an individual who serves as the primary contact for a school and is responsible for complying with the requirements in this regulation.

(3) “Course” means instruction designed to fulfill the education requirements of K.S.A. 58-3046a, and amendments thereto.

(4) “Asynchronous distance education course” means a course for which the school provides self-paced instruction by mail or electronic transmission to students who are physically separated from the instructor for all or a portion of the course.

(5) “In-person education course” means a course provided to students who are not physically separated from the instructor.

(6) “Monitoring” means review of approved courses by commission staff to ensure that the attendance, presentation platform, instruction time, outline, and materials provided by schools meet the requirements of the commission.

(7) “School” means an entity eligible under K.S.A. 58-3046a(g), and amendments thereto, to offer courses approved by the commission.

(8) “Synchronous distance education course” means a course for which the school provides live instruction in real time by electronic transmission to students who are physically separated from the instructor for all of the course.

(b) Request for course approval. Each school seeking commission approval of a course shall submit the following information to the commission at least 45 days before the first scheduled class session:

(1) A completed course approval application obtained from the commission;

(2) a copy of all course materials, including textbooks, student workbooks, and examinations with answers;

(3) the total number of sessions, sections, or modules;

(4) the duration of each session, section, or module;

(5) the total number of requested hours for the course;

(6) the course objectives and a detailed course outline; and

(7) the course approval fee prescribed by K.A.R. 86-1-5.

(c) Additional course approval requirements for asynchronous distance education courses.

(1) In addition to meeting the requirements of subsection (b), each school requesting approval of an asynchronous distance education course shall submit the following information:

(A) The means to access the asynchronous distance education course as it will be offered to students;

(B) evidence of sufficient information technology support to enable students to complete the asynchronous distance education course;

(C) documentation on how the asynchronous distance education course will require active participation by each student and substantial interaction between the students and the instructor, other students, or a computer program; and

(D) evidence that the system used for testing students will scramble questions and items for any quizzes or examinations to ensure a random presentation.

(2) Each asynchronous distance education course certified by the association of real estate license law officials shall be presumed to meet the requirements in paragraph (c)(1).

(3) Each school offering an asynchronous distance education course approved by the commission under K.S.A. 58-3046a(e) or K.S.A. 58-3046a(f), and amendments thereto, shall require each student to answer at least 10 quiz or examination questions per credit hour.

(4) Each school offering an asynchronous distance education course approved by the commission under K.S.A. 58-3046a(a), K.S.A. 58-3046a(b), K.S.A. 58-3046a(c) or K.S.A. 58-3046a(d), and amendments thereto, shall require each student to answer at least 50 quiz or examination questions.

(5) Each school shall issue a certificate of completion of each asynchronous distance education course approved by the commission to meet any requirement of K.S.A. 58-3046a, and amendments thereto, to each student who has answered at least 90 percent of the quiz or examination questions correctly during the distance education course.

(d) Additional course approval requirements for synchronous distance education courses.

(1) In addition to meeting the requirements of subsection (b), each school requesting approval of a synchronous distance education course shall submit the following information:

(A) The means to access the synchronous distance education course as it will be offered to students;

(B) evidence of sufficient information technology support to enable students to complete the synchronous distance education course;

(C) documentation on how the synchronous distance education course will require active participation by each student and substantial interaction between the students and the instructor, other students, or a computer program;

(D) documentation on how the school will require students to have a functional video camera and be present on camera at all times;

(E) documentation on how the school will require students to be actively engaged in the course at all times without distractions; and

(F) evidence of no more than 30 students in a course unless an additional moderator is assisting with the monitoring of students.

(2) Each synchronous distance education course certified by the association of real estate license law officials shall be presumed to meet the requirements in paragraph (d)(1).

(e) Instructors. Each school coordinator shall be responsible for ensuring that the school’s instructors have the specialized preparation, training, and experience in the subject matter to be taught to ensure competent instruction.

(f) Changes to an approved course.

(1) Except as provided in paragraph (f)(2), each school shall submit a new application for course approval under subsection (b) if there is any significant change to the course content, outline, objectives, or presentation platform for an approved course.

(2) A school shall not be required to submit a new application for course approval under subsection (b) if any of the following changes:

(A) The coordinator;

(B) the location of the school;

(C) the course title; or

(D) the course schedule.

(3) Each school shall submit notification to the commission of each change described in paragraph (f)(2) at least five days before the change is scheduled to occur.

(4) Each school shall submit notification to the commission at least 15 days before the discontinuation of any course or the intent to close the school.

(g) Registration of approved courses; application for renewal.

(1) The registration of courses approved by the commission shall expire on January 31 of each year. Each application to renew the approval of a course shall be submitted on a form provided by the commission.

(2) Each application to renew approval of a course received after the expiration date shall require the submission of a new application for approval pursuant to subsection (b). (Authorized by K.S.A. 2023 Supp. 58-3046a and K.S.A. 2023 Supp. 74-4202; implementing K.S.A. 2023 Supp. 58-3046a; effective, T-83-32, Oct. 25, 1982; effective May 1, 1983; amended May 1, 1984; amended, T-86-31, Sept. 24, 1985; amended May 1, 1986; amended, T-87-32, Nov. 19, 1986; amended May 1, 1987; amended Jan. 29, 1990; amended July 16, 1990; amended Nov. 17, 1995; amended Dec. 14, 2001; amended, T-86-7-2-07, July 2, 2007; amended Nov. 16, 2007; amended July 1, 2020; amended Dec. 27, 2024.)

Erik Wisner
Executive Director
Real Estate Commission

Doc. No. 052717

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