Section 1440.310  Continuing Education

 

a)         Continuing Education Requirements

 

1)         In accordance with Sections 10-30 and 25-5 of the Act, during each pre-renewal period, prior to the expiration date of the license, each auctioneer and associate auctioneer who makes application to renew his or her license must successfully complete 12 hours of auction continuing education courses approved by the Advisory Board and OBRE from a school approved by the Advisory Board and OBRE.

 

2)         Auctioneers and associate auctioneers licensed in Illinois but residing and practicing in other states shall comply with the CE requirements set forth in this Section, unless they are exempt pursuant to Section 10-30 of the Act.

 

3)         OBRE shall conduct random audits to verify compliance with this Section.

 

b)         Approved Continuing Education

 

1)         CE credit may be earned for verified attendance at or participation in an approved course that is licensed by OBRE, and is offered by an approved CE school that is licensed by OBRE, that meets the requirements set forth in Section 1440.300 of this Part.

 

2)         CE credit may also be earned for completion of a self-study course that is offered by an approved CE school that meets the requirements set forth in Section 1440.330 of this Part.

 

3)         Pursuant to Section 25-5 of the Act, the requirement that CE be obtained through a curriculum approved by the Auction Advisory Board and OBRE shall be satisfied by successful completion of the following:

 

A)        Mandatory category.  Each renewal applicant shall successfully complete 12 hours of CE, of which 6 hours shall be mandatory core subjects in the following categories:

 

i)          Illinois statutes and rules governing auctioneering;

 

ii)         federal statutes and regulations governing auctioneering;

 

iii)         auctioneering ethics;

 

iv)        escrow and trust accounts;

 

v)         contracts; and

 

vi)        other subject matter approved by the Board.

 

B)        Elective category.  Each renewal applicant may satisfy the remaining 6 hours of CE from the mandatory core subjects categorized in subsection (b)(3)(A), or may successfully complete an additional 6 hours of CE in the following elective subject categories:

 

i)          agency;

 

ii)         business courses related to auctioneering;

 

iii)         real estate related courses;

 

iv)        auction management;

 

v)         bid calling;

 

vi)        public speaking;

 

vii)        advertising;

 

viii)       specialty auction courses; or

 

ix)        other subject matter approved by the Board.

 

4)         One hour of approved CE shall include at least 50 minutes of classroom instruction and shall be exclusive of any time devoted to taking the examination set forth in subsection (b)(6) below.

 

5)         Each CE course shall include one or more subjects from either the mandatory category or elective category set forth in subsection (b)(3)(A) or (B), where the individual is in actual attendance, or participates in, or completes self-study.  All CE courses shall be a minimum of three hours and shall be offered in three-hour increments.  Each three-hour increment shall be from topics in the core or elective category.  In no case shall topics from the mandatory and elective category be combined within the same three-hour period. The CE school shall clearly indicate on the certificate of completion the number of hours earned from each CE course and identify whether the completed course was from the mandatory or elective category.

 

6)         Each CE course shall include the successful completion of an examination that measures the attendee's understanding of the course material.  A score of at least 70% is required on the examination for successful completion of any CE course.

 

A)        The examination shall be given on-site immediately following any CE course.  When a sequence of courses is offered, the examination will be given at the end of each individual course on material that covers all the aspects of the course.

 

B)        All examinations, including self-study examinations and retake examinations, shall be proctored by a representative of the approved CE school and shall include at least 25 questions for each three-hour period.

 

C)        No credit for CE shall be given to any licensee unless the examination is successfully completed.  The CE school shall allow the attendee one retake within 30 days after a failed examination in order to receive credit for CE. No more than one retake shall be allowed.  A licensee failing a retake shall not receive credit for the CE course unless the entire course is retaken and the examination is successfully completed.

 

7)         Self-study CE shall comply with all of the requirements of this Section, except that:

 

A)        Verified attendance is only required for taking the examination.

 

B)        Classroom instruction is not required for self-study CE, as the intent is for the licensees to review and learn the material on their own.

 

C)        The examination site for self-study shall be determined by the CE school and it shall be proctored by a representative of the approved sponsor. An instructor is not required to proctor the examination.

 

8)         All CE courses shall:

 

A)        Contribute to the advancement, integrity, extension and enhancement of professional skills and knowledge in the practice of auctioneering.

 

B)        Provide experiences (e.g., role playing, lectures, films) that contain subject matter and course materials relevant to that set forth in Section 25-5 of the Act.

 

C)        Be developed and presented by persons with education and/or experience in subject matter of the CE course.

 

9)         Nothing shall prohibit an approved CE school and its instructors from utilizing audio-visual aides or satellite communication with two-way voice interaction in assisting in the presentation of CE courses.

 

10)       CE credit may be earned by an instructor for teaching an approved CE course. Credit for teaching an approved CE course may only be earned one time per course during the instructor's pre-renewal period.  One hour of teaching is equal to one hour of CE.

 

11)       CE credit shall not be given for CE courses taken in Illinois from schools not pre-approved by the Board and OBRE.

 

12)       Except for self-study CE courses, no more than 6 hours of CE may be taken in any calendar day.

 

c)         Certification of Compliance with CE Requirements

 

1)         Each licensee shall certify on the renewal application full compliance with the CE requirements set forth in subsections (a) and (b) of this Section.

 

2)         OBRE may require additional evidence demonstrating compliance with the CE requirements (e.g., certificate of completion, transcript, etc.).  It is the responsibility of each renewal applicant to provide the additional evidence during an audit as proof of CE completed.

 

3)         When during an audit or compliance review, OBRE determines that a licensee may be deficient in complying with CE requirements, OBRE will notify the licensee, and the sponsoring auctioneer of the licensee, by certified or registered mail, return receipt requested, or other signature restricted delivery service, of the possible deficiency.  The licensee shall have 60 days from the date the deficiency notification is received to submit to OBRE evidence of compliance with CE requirements.

 

A)        If satisfactory evidence of compliance with CE requirements (as set forth in subsection (c)(2) of this Section)  is submitted, OBRE shall notify the licensee by first class mail that the licensee is in compliance.

 

B)        If the licensee has certified compliance with CE requirements on the licensee's most recent renewal application pursuant to subsection (c)(1) of this Section but cannot submit evidence of having been in compliance on the date the licensee made the certification, the licensee may, during the 60 days notice period, submit evidence of having attained compliance with CE requirements after the date the certification was made.  The submission of evidence of post-certification completion must be accompanied by a non-refundable administrative fee of $25 per course credit hour completed after the date the licensee originally certified compliance.  The submission of evidence will not be reviewed or considered if the proper fee does not accompany the submission.  Upon submission of the evidence and appropriate fee, the evidence will be reviewed. If the evidence is found to be satisfactory, OBRE shall notify the licensee and the sponsoring auctioneer of the licensee that the license is in compliance.  Any credit hours submitted for post-certification course completion and found satisfactory may not be used as credit for the next renewal requirements.

 

C)        If the licensee fails to submit within the 60 day notice period satisfactory evidence of compliance with CE requirements, the failure shall be evidence of a violation of Section 20-15(1) of the Act regarding false or fraudulent representation to obtain a license and of the continuing education requirements of Article 25 of the Act.  OBRE shall send notice pursuant to Section 20-5 of the Act indicating the commencement of disciplinary proceedings.  A copy of this notice shall be sent to the sponsoring auctioneer of the licensee.

 

(Source:  Added at 25 Ill. Reg. 12586, effective September 28, 2001)