††††† 815 KAR 6:040. Home inspector prelicensing and continuing education providers.

 

††††† RELATES TO: KRS 198B.712, 198B.722, 198B.724

††††† STATUTORY AUTHORITY: KRS 198B.706, 198B.712(2)(c), 198B.724

††††† NECESSITY, FUNCTION AND CONFORMITY: KRS 198B.706(15) requires the Kentucky Board of Home Inspectors to promulgate administrative regulations necessary to enforce the provisions of KRS 198B.700 to 198B.738 and to establish requirements for continuing education. KRS 198B.712(2)(c) requires an applicant to complete a board-approved training program or course of study. KRS 198B.724 requires the board to establish continuing education requirements. This administrative regulation establishes the procedures for being approved as a prelicensing or a continuing education provider.

 

††††† Section 1. Definitions. (1) "Board" is defined in KRS 198B.700(2).

††††† (2) "Contact hours" means fifty (50) minutes of instruction, exclusive of any breaks, recesses, or other time not spent in instruction.

††††† (3) "Continuing education provider" means the person or legal entity who is registered pursuant to this administrative regulation and who is responsible for conducting a continuing education course approved pursuant to this administrative regulation.

††††† (4) "Prelicensing course provider" means the person or legal entity who is registered pursuant to this administrative regulation and who is responsible for conducting a course approved pursuant to this administrative regulation.

 

††††† Section 2. Registration Requirements. (1) Applicants to be a prelicensing course provider shall submit the following:

††††† (a) A properly completed "Application for Approval as a Pre-Licensing Course Provider for Home Inspectors", Form KBHI 3;

††††† (b) A nonrefundable fee of $500;

††††† (c) Information required to demonstrate that its course meets the requirements of 815 KAR 6:010, Section 2(8); and

††††† (d) A surety bond in a form acceptable to the board and in the amount of $50,000.

††††† (2) Applicants to be a continuing education course provider shall submit the following:

††††† (a) A properly completed "Application for Approval as a Continuing Education Course Provider for Home Inspectors", Form KBHI 4; and

††††† (b) A nonrefundable fee of $100.

 

††††† Section 3. Renewals. (1) Provider registration shall expire every two (2) years.

††††† (2) To renew its registration, each provider shall submit the application and fee required for initial registration.

 

††††† Section 4. Required records. (1) Each provider shall maintain the following records with respect to each course:

††††† (a) The time, date, and place each course is completed;

††††† (b) The name, address, and qualifications of each instructor who teaches any portion of the course and whether each instructor has been approved by the board;

††††† (c) The name, address, and license number, if applicable, of each person who registered for the course;

††††† (d) The original sign-in sheet used at the site of the course to register persons who attend each course. The sign-in sheet shall require every person to print their name, list their license number, if applicable, and sign their name;

††††† (e) The course syllabus used for each course; and

††††† (f) The course evaluations.

††††† (2) The provider shall issue to each person who successfully completes an approved course, a certificate of completion containing the following:

††††† (a) The name of the attendee;

††††† (b) The license number, if applicable, of the attendee;

††††† (c) The name of the provider;

††††† (d) The course name;

††††† (e) The course number;

††††† (f) The date of the course; and

††††† (g) The total number of contact hours successfully completed in each subject covered by the course.

††††† (3) Each provider shall maintain its records for at least three (3) years after the completion of each course. These records shall be submitted to the board or its agents upon request.

††††† (4) Each provider shall submit to the board, in writing, notice of any changes in the information provided in the initial registration of the provider. The notification shall be made within thirty (30) days following the date the change is effective.

 

††††† Section 5. Approval of Continuing Education Courses. (1) A continuing education provider shall submit a request for approval of a continuing education course which shall include the following:

††††† (a) The total number of contact hours;

††††† (b) The course syllabus;

††††† (c) A detailed outline of the contents of the course;

††††† (d) The name and qualifications of all instructors known at the time of the request for approval; and

††††† (e) The minimum qualifications of any instructors not known at the time of the request for approval.

††††† (2) The fee for course approvals shall be twenty-five (25) dollars per class, per date offered. A continuing education provider shall not pay in excess of $250 in course approval fees in any one (1) year.

††††† (3) The board shall approve continuing education courses which:

††††† (a) Appropriately relate to the general business skills or the technical skills required of licensees;

††††† (b) Contain sufficient educational content to improve the quality of licensee performance;

††††† (c) Are taught by qualified instructors; and

††††† (d) Have a course evaluation.

††††† (4) Continuing education course approval shall be valid for two (2) years from date of issue if no substantial change is made in the course and if the registration of the provider has not expired or been suspended or revoked. Substantial changes made in any course shall require a new approval of that course. A provider shall reapply for course approval ninety (90) days prior to the date of expiration of the previous course approval.

††††† (5) A course which has been denied may be resubmitted to the board with modifications.

††††† (6) If a course is approved, the board shall assign the course a number. The course provider shall use the course number in the course syllabus, in all other course materials used in connection with the course, and in all written advertising materials used in connection with the course.

 

††††† Section 6. Qualifications of Course Instructors. (1) All course instructors shall be qualified, by education or experience, to teach the course, or parts of a course, to which the instructor is assigned.

††††† (2) Any person with a four (4) year college degree or graduate degree shall be qualified to teach a continuing education or prelicensing course in their field of study.

††††† (3) A licensee whose license is suspended or revoked as a result of board discipline shall not teach or serve as a course instructor during the time the license is suspended or revoked.

††††† (4) A course provider may request prior approval by the board regarding the qualifications of a particular instructor for a particular course.

 

††††† Section 7. Course Syllabus. (1) Each course shall have a course syllabus that identifies:

††††† (a) The name of the course;

††††† (b) The number of the course assigned by the board;

††††† (c) The name and address of the provider; and

††††† (d) A description or outline of the contents of the course.

††††† (2) Each person who registers for a course shall be given the course syllabus prior to the beginning of the course. The syllabus may be distributed when the person registers their attendance at the course.

 

††††† Section 8. Course Advertising. (1) A provider shall not advertise a course as one approved until the approval is granted by the board.

††††† (2) A provider shall not include any false or misleading information regarding the contents, instructors, or number of contact hours of any course approved under this administrative regulation.

††††† (3) A provider shall include its provider number and course numbers in all advertising.

 

††††† Section 9. Disciplinary Matters. (1) The board may deny, suspend, or revoke the registration of any prelicensing course or continuing education provider for any of the following acts or omissions:

††††† (a) Obtaining or attempting to obtain registration or approval through fraud, deceit, false statements, or misrepresentation;

††††† (b) Failing to provide complete and accurate information in the initial registration or in any notification of change in information;

††††† (c) Failing to timely notify the board of a change in the information required for registration of the provider;

††††† (d) Falsifying of any records regarding the courses conducted by the provider or the persons who attended the courses offered;

††††† (e) Failing to maintain any required records regarding course offerings conducted by the provider or the persons who attended the course;

††††† (f) Failing to adequately train the staff responsible for taking attendance at any approved course;

††††† (g) Failing to provide the board with copies of any document or other information required to be maintained by the provider pursuant to this administrative regulation;

††††† (h) Advertising that a provider has been approved by the board prior to the date the approval is granted;

††††† (i) Failing to include provider and course numbers in advertisements;

††††† (j) Failing to maintain a record of instructors;

††††† (k) Failing to resolve attendance reporting problems; and

††††† (l) Failing to comply with any other duty imposed on providers in this administrative regulation.

††††† (2) Disciplinary action shall be initiated by the board by written notice to the provider by certified mail, return receipt requested, to the providerís address on file with the board.

††††† (3) A provider may appeal a proposed disciplinary action by notifying the board in writing within ten (10) days of its desire to appeal.

††††† (4) All appeals shall be governed in accordance with KRS Chapter 13B.

††††† (5) A provider whose registration has been revoked shall not reapply for registration for two (2) years from the date of revocation.

 

††††† Section 10. Incorporation by Reference. (1) The following material is incorporated by reference:

††††† (a) "Application for Approval as a Prelicensing Course Provider for Home Inspectors, Form KBHI 3", April, 2006; and

††††† (b) "Application for Approval as a Continuing Education Course Provider for Home Inspectors, Form KBHI 4", April, 2006

††††† (2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Office of Housing, Buildings and Construction, 101 Sea Hero Road, Suite 100, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m. (32 Ky.R. 2405; 33 Ky.R. 781; eff. 10-6-2006.)