Short Title: Fair Housing Course Substitute
This substantive policy statement is advisory only. A substantive policy statement does not include internal procedural documents that only affect the internal procedures of the agency and does not impose additional requirements or penalties on regulated parties or include confidential information or rules made in accordance with the Arizona Administrative Procedure Act. If you believe that this substantive policy statement does impose additional requirements or penalties on regulated parties you may petition the agency under ARS 41-1033 for a review of the statement.
Description of Practice/Procedure: Fair Housing Issues is a mandatory category for real estate license renewal: Real estate licensees must take a minimum of three credit hours in the six mandatory categories, and a total of twenty-four credit hours of Department-approved courses to apply for renewal of their real estate licenses.
Some licensees engage exclusively in specialties in which Fair Housing is not an issue, for instance, farm and ranch sales, business brokerage and commercial sales/leasing. These licensees who deal exclusively in real estate specialty areas have requested an accommodation to allow them to substitute a class applicable to their area of specialization instead of taking a course in Fair Housing.
1. A real estate renewal applicant who is engaged in a specialty that does not include residential transactions may substitute an additional class in the Real Estate Legal Issues category that has been approved for a minimum of three credit hours in place of the mandatory Fair Housing course when all of the following apply:
a. The licensee's business is exclusively in a specialty field in which the fair housing law does not apply;
b. The licensee provides proof (or has previously provided proof) of attendance at a Department-approved fair housing course; and
c. The substitute course proposed is more applicable to the licensee's real estate activities.
2. To claim the course substitution, the licensee shall file a written statement with the licensee's license renewal application that specifically states the licensee's compliance with the criteria listed in 1 above.
Authority: Attendance at continuing education classes is required of all real estate licensees for renewal of licensure. (A.R.S. § 32-2130 (A)) A.A.C. R4-28-402 (A) (5) prescribes the categories of class content areas for license renewal. The Commissioner's authority to waive a licensee's or all continuing education for license renewal is in A.R.S. § 32-2130 and A.A.C. R4-28-402 (B).
Policy Program: Education
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Effective Date: August 9, 2005