The Missouri Land Title Institute

Professional Certification Program

Operational Policies and Procedures

ØPolicy and Procedure 1: Members’ Rights, Duties & Responsibilities

1) Every person shall, upon notification of his qualification as a Certified Member, be deemed to have entered into an agreement to abide by these Standing Rules, Administrative Rules, Operational Polices and Procedures and the Standards of Professional Conduct and amendments thereto.

2) The rights, privileges and obligations of members as prescribed herein shall be common to all members of the Certification Program, except as otherwise stated.

3) All currently Certified Members, except those whose financial obligations, if any, are in arrears, as provided herein, shall be entitled to receive notice of, be present at and vote for Executive Officers and Executive Council Members at the Annual Meetings.

4) Each Certified Member shall receive a membership certificate or plaque or other indicia of the professional certification designation earned by such member, which indicia may vary from certification level to certification level, but which shall be consistent within each of the three certification levels provided for by the Program. Any such certificate, plaque or other indicia of certified status shall be delivered to the exclusive possession of the member, but shall remain the permanent property of the Professional Certification Program, subject to recall in the event of revocation or lapse of the Certified Member’s certification status. No such recall shall occur when a Certified Member attains certification at a higher level, at which time the Certified Member shall be entitled to possession of the indicia of certification designated for that level of certification in addition to any other membership certificate, plaque or other indicia of certified status awarded for lower levels of certification. The nature of the certificate, plaque or other indicia of certified status shall be within the discretion of the Executive Council, which may delegate the discretionary authority to any committee of the Certification Program.

5) Members shall not be required to pay any annual dues for membership in the Professional Certification Program.

6) Assessments not paid by members within 30 days after due date shall bring a reminder from the Certification Program. The Executive Council shall be notified of any members not paying after notification, and it shall have the power, after a suitable second reminder by letter, to terminate the defaulter's certification and request return of the certificate, plaque or other indicia of certified status issued to the former Certified Member.

7) The Executive Council may, at its discretion, reinstate any Certified Member whose certification was terminated under the provision of the forgoing paragraph, should it find good reason.

8) A Certified Member who is in arrears of payment of assessments shall not be eligible for nomination or election to office.

The Missouri Land Title Institute

Professional Certification Program

ØPolicy and Procedure 2: The Standards of Professional Conduct

“Our first obligation is to our credibility --that is, to the public at large and not to any single individual, customer or client, or to any business or special interest. Certified title and escrow professionals should avoid any activity that would impair their integrity or jeopardize the public’s trust in the honesty, skill, knowledge, competence and expertise of those individuals engaged in the Missouri land title and escrow industry.”

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Preamble:

As members of The Missouri Land Title Institute Professional Certification Program, we recognize the importance of codifying and making known to the profession and to the general public the ethical principles that guide our work as land title and escrow professionals.

These Standards of Professional Conduct offer a set of values and principles to guide decision-making and conduct when ethical issues arise. They do not provide a set of rules that prescribe how title and escrow professionals should act in all situations. Specific applications of the Standards must take into account the context in which the Standards are being considered and the possibility of conflicts among the Standards’ values and principles. The principles of these Standards are expressed in broad statements to guide ethical decision-making. These statements provide a framework; they cannot and do not dictate conduct to cover particular situations.

These Standards of Professional Conduct do not specify which values and principles are most important or which Standards ought to outweigh others in instances when they conflict. Reasonable differences of opinion can and do exist among title and escrow professionals with respect to the ways in which values, ethical principles, and ethical standards should be ranked when they conflict. Ethical decisions made in a given situation must apply the informed judgment of the individual and should also consider how the issues would be judged in a peer review process where the ethical standards of the profession would be applied.

Ethical conduct and decision making is a process. There are many instances where simple answers are not available to resolve complex ethical issues. Title and escrow professionals should take into consideration all the values and principles in these Standards that are relevant to any situation in which ethical judgment is warranted. The decisions and actions of title and escrow professionals should be consistent with the spirit as well as the letter of these Standards.

Title and escrow professionals should be aware of any conflicts between personal and professional values and deal with them responsibly. Instances may arise when the certified professional’s ethical obligations conflict with employer policies or relevant laws or regulations. When such conflicts occur, the title or escrow professional must make a responsible effort to resolve the conflict in a manner that is consistent with the values and principles expressed in these Standards. If a reasonable resolution of the conflict does not appear possible, the title or escrow professional should seek proper consultation before making a decision.

Violation of the Standards does not automatically imply legal liability or violation of the law. Such determination can only be made in the context of legal and judicial proceedings. Alleged violations of the Standards would be subject to a peer review process. Such processes are separate from legal or administrative procedures and insulated from legal review or proceedings to allow the profession to counsel and discipline its own members.

Standards such as these cannot guarantee ethical behavior. Moreover, no set of standards can resolve all ethical issues or disputes or capture the richness and complexity involved in striving to make responsible choices within a moral community. Rather, The Standards of Professional Conduct set forth values, ethical principles, and ethical standards to which certified professionals aspire and by which their actions can be judged. The certified title or escrow professional’s ethical behavior should result from his or her personal commitment to engage in ethical practice.

The Standards of Professional Conduct of The Missouri Land Title Institute Professional Certification Program have been adopted to promote and maintain the highest standards of professional service and personal conduct among Certified Members. Adherence to these practices is expected from all Certified Members, and serves to assure public confidence in the integrity of and the services provided by all individuals holding a certification designation.

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I confirm that I will adhere to the following

Standards of Professional Conduct:

¨ The First Standard

Maintain the highest standard of personal conduct.

¨ The Second Standard

Actively promote and encourage the highest level of ethics within the Missouri real estate title and escrow professions.

¨ The Third Standard

Maintain loyalty to The Missouri Land Title Institute Professional Certification Program and pursue its objectives in ways that are compatible with the public interest.

¨The Fourth Standard

Recognize and discharge my responsibility to uphold all laws and regulations relating to my professional and personal activities.

¨The Fifth Standard

Strive for excellence in all aspects of my profession and in my actions as a Certified Member.

¨The Sixth Standard

Use only legal and ethical means in all Certification Program and business dealings.

¨The Seventh Standard

Serve all members of the public impartially and not discriminate on any basis including race, creed, color, national origin, age, sex or disability.

¨The Eighth Standard

Maintain the confidentiality of privileged information entrusted to me by virtue of any office I may hold in the certification Program or which I may acquire by virtue of my involvement with customers and clients.

¨The Ninth Standard

Refuse to engage in or condone activities for personal gain at the expense of the Certification Program or at the expense of the integrity of the Missouri real estate title and escrow professions.

¨The Tenth Standard

Protect the documents and funds that may be entrusted to my care as a fiduciary for my customers and clients.

¨The Eleventh Standard

Always communicate information concerning The Missouri Land Title Institute Professional Certification Program or other Certified Members in a truthful and accurate manner, free of malice, by verifying that the data and information upon which such statements are based is true.

¨The Twelfth Standard

Cooperate in every reasonable and proper way with other Certified Members and work with them in the advancement of the professionalism of the Missouri real estate title and escrow industry.

¨The Thirteenth Standard

Use every opportunity to improve public understanding of the certification process and its value.

¨The Fourteenth Standard

Comply with all ethical and professional standards adopted by those professional or trade organizations or associations in which I hold membership.

¨The Fifteenth Standard

Avoid criticism of or retaliation against any co-worker or employee for any loss of business resulting from adherence to these Standards and undertake that no co-worker or employee will suffer as a consequence of bringing to my attention or to the attention of management or to the attention of the Officers of the Certification Program a breach or suspected breach of these Standards.

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The Missouri Land Title Institute

Professional Certification Program

ØPolicy and Procedure 3: Privacy Policy

Policy and Procedure on Privacy

INTRODUCTION: The Missouri Land Title Institute Professional Certification Program (referred to in this Policy and Procedure on Privacy as "the Certification Program" or “program”) recognizes the importance of protecting the privacy of all information provided by applicants for certification or by Certified Members of the Certification Program or by parties seeking additional information about the Certification Program. The Certification Program created this privacy policy in order to meet a goal of respecting the privacy rights of those individuals interested in or who have obtained the certification designation offered under the Certification Program. This Policy and Procedure on Privacy employs the term “users” to refer to such individuals. The Certification Program’s policy on privacy was developed with the following guidelines¨ in mind:

¨There should be limits to the collection of personal data, and any such data should be obtained by lawful and fair means and, where appropriate, with the knowledge or consent of the data subject.

¨Personal data should be relevant to the purposes for which they are to be used, and, to the extent necessary for those purposes, should be accurate, complete and kept up-to-date.

¨The purposes for which personal data are collected should be specified not later than at the time of data collection and the subsequent use limited to the fulfillment of those purposes.

¨Personal data should not be disclosed, made available or otherwise used for purposes other than those specified except: a) with the consent of the data subject; or b) by the authority of law.

¨Personal data should be protected by reasonable security safeguards against such risks as loss or unauthorized access, destruction, use, modification or disclosure of data.

¨There should be a general policy of openness about developments, practices and policies with respect to personal data. Means should be readily available for establishing the existence and nature of personal data, and the main purposes of their use.

¨An individual should have the right:

a) to obtain confirmation of whether or not the data controller has data relating to him;
b) to have communicated to him data relating to him within a reasonable time; at a charge, if any, that is not excessive; in a reasonable manner; and in a form that is readily intelligible to him;
c) to be given reasons if a request made under subparagraphs (A) and (B) is denied, and to be able to challenge such denial; and
d) to challenge data relating to him and, if the challenge is successful to have the data erased, rectified, completed or amended.

¨“Personal data" is a very broad expression, which means "any information relating to an identified or an identifiable individual (data subject)." Personal data would include:

· Personal details such as nickname, date of birth/age, place of birth, nationality;

· Physical description such as height, weight, distinguishing characteristics;

· Family characteristics such as, marriage, partnership, dependants;

· Education and skills such as academic records, professional interests;

· Life style or personal tastes such as details of consumption of goods or services, leisure activities and sport, personal or family behavior, smoking, drinking, favorite color, food;

· Financial resources such as salary/income, property;

· Financial identifiers such as credit card number, bank account number; and

· Identifiers assigned by public bodies such as Social Security number or state identity number or insurance license number.

¨An indication of the name of the data controller is required. The “Data Controller” means whoever decides about the contents and use of personal data regardless of whether or not such data are collected, stored, processed or disseminated by that party or by an agent on its behalf. Therefore the "data controller" may be a legal or natural person, for example, a public authority, an organization, a department within an organization, a board of directors, or an individual.

¨Depending on the service links of a given Web site, personal data on users may be collected by other users or by third parties’ Web servers. Users may not be aware of such third party collection of data, and such facts or possibilities should be made clear.

¨Collection of personal data from individuals may be carried out both on-line, for example by storing an individual's email address, and off-line, for example by recording the information that individuals may provide in correspondence with an organization. Personal data may be collected both on and off-line on from order forms, application forms for registration or competitions, questionnaires or surveys.

¨It is implicit that the collection of personal data from sources such as public records and publications, public bodies or authorities, or private organizations should be limited exclusively to the organization’s users. Disclosure that such information may be gathered should be made.

¨Disclosure should be made if parts of the data are used to enhance, evaluate, or otherwise review the Web site, service, product, or market. Note that this may include personal data used to tailor or modify the content to the specific individual or data used to evaluate, target, profile or contact the individual.

¨Disclosure should be made if parts of the data are used for the provision of information, communications, or transaction services, for example to forward email, to place an order, or to make deliveries to the user. In particular, if financial data are used to check a user’s registration qualifications, credit card, or to bill consumers for a service or product, that fact should be disclosed. The data might also be used to contact users when necessary, and disclosure is advisable.

¨Disclosure should be made if the intention may be to release information to third parties in the future.

¨Disclosure should be made if parts of the data are collected and processed with the intention of selling them to other organizations.

¨Disclosure should be made that parts of the data can also be used for other purposes, such as automatic scoring (e.g. for solvency or credit rating) or the data may be required by law (e.g. identification details if transactions have certain characteristics, or age verification requirements on certain adult services).

¨The personal data listed below are regarded as sensitive and their use restricted.

· Racial or ethnic origin;

· Political opinions;

· Religious or philosophical beliefs;

· Trade union membership;

· Health/Medical data;

· Sex life; and

· Police/Justice data such as civil/criminal actions brought by or against the subject.

¨Seeking consent from users for disclosure of their personal data for new purposes is necessary. Personal data should not be disclosed, made available or otherwise used for purposes other than those specified.

¨An "Opt in" means providing the individual with the opportunity to give positive consent, i.e., an individual's personal data can only be disclosed to a third party where the individual has indicated that they agree to that type of disclosure - without that indication the individual's personal data should not be disclosed to third parties.

¨An "Opt out" means providing the individual with the opportunity to object. This means that an individual may receive information such as promotional or advertising information unless or until they have indicated that they do not wish to receive such material. It may also mean that their personal data may be disclosed to third parties unless and until they have indicated their objection to that disclosure.

I. INFORMATION COLLECTION AND USE

Children Under 18: Do not send any information about yourself to the Certification Program -- including information such as your name, address, or email address. The Certification Program does not knowingly collect personally identifiable information from children under 18. Children under 18 may not apply for or be granted certified status by the Certification Program. In the event that the Certification Program learns it has collected any personal information from a child under the age of 18, that information will deleted from the Program’s database as quickly as possible.

The Certification Program collects information from individuals who contact our website posting on the MLTA web page, from applicants for certification or continued certification and from Certified Members of the Certification Program. This section of the privacy policy describes the type of information collected and how it is used. The Certification Program does not collect personally identifying information about any individual Web site user except when knowingly provided by such individual. For example, a user may be asked for information when registering for a contest or survey or to receive future literature on the Program. The user always has the option not to provide the information requested. If the user chooses not to provide the information, most of the Certification Program posting is still available for review, but access to certain options and information may be restricted.

A. Requests for Additional Information

When using our website and requesting additional information about the Certification Program users may be required to give their contact information (such as name, email address, mailing address and phone number). We also may collect demographic information (such as job title, company information and other professional certifications). For internal purposes, the Certification Program uses this information to communicate with users and provide requested information. Requests for information may be forwarded as needed to best respond to a specific request. The Certification Program uses aggregate demographic information about those expressing an interest in the Program to improve our service, for advertising purposes and/or industry reporting purposes.

B. Email Notifications

If users wish to subscribe to email notifications sent by the Certification Program, contact information (such as name, email address and, occasionally, demographic information) is once again collected. The Program uses this information in the same manner as it uses contact information in the information request process described above. Recipients of email notifications from the Certification Program can unsubscribe using the instructions listed at the end of the email notices.

C. Surveys and Contests

From time to time the Certification Program will invite users to provide information via surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether to disclose requested contact information (such as name and mailing address) and demographic information (such as zip code or job title or salary). In addition to other uses set forth in this policy, contact information collected in connection with surveys and contests will be used to notify the winners and award prizes, to monitor or improve the use and satisfaction of the site, to develop improvements in the certification process, and may be shared with Certified Members of the Certification Program who have responsibilities for the administration of such contests or who may be charged with the modifications and on-going efforts to improve the certification process. The Certification Program may retain emails and other information sent to it for our internal administrative purposes, and to help further improve the Program. The information may be forwarded as necessary to Certified Members of the Certification Program for administrative convenience.

D. “Please Notify a Third Party” Feature

The Certification Program may create a referral service whereby users can request that the Program forward information about the Certification Program to third parties. If users elect to use this referral service for informing some one else about the Certification Program, they will be asked to provide names, job titles and email addresses. The Certification Program will store and use this information to send third party notices about the Program. This information may also be used for advertising purposes by the Certification Program. Third parties may contact us to request that no further communications be sent.

E. Applications

Individuals seeking to obtain certified status or continued certified status through the Certification Program will be asked to complete application forms. These may be completed on line or sent to the Certification Program’s Eligibility Standards Commission by some other means. On the application form the individual may be asked to disclose information regarding age, citizenship or legal alien status, phone numbers, post office address, email address, past work experience, current employment, job titles, job responsibilities, education and degrees, criminal convictions, memberships in other associations, activities conducted for the benefit of other associations or clubs and involvement in the Missouri Land Title Association. Applicants may be asked to provide social security numbers or license numbers issued by the Missouri Department of Insurance. This information will be processed by the Eligibility Standards Commission of the Certification Program to verify that the applicant has met the minimum eligibility requirements for the certification level desired. The information may be used to obtain third party verification of the contents of the application. Access to this information and third party verification information may be made available to all members of the Certification Program for ease and efficiency in processing applications. The information on the application may also be made available to the members of the Certification Program who may be charged with the modifications and on-going efforts to improve the certification process for their use in arriving at recommendations for modifications to the eligibility requirements. Information from any specific application will not be disseminated to the public at large; however, aggregate information from application forms, such as the number of applicants who are Certification Program graduates, or the number of applicants seeking certification at a given level, may be reported as statistical data and published on the Certification Program’s website or in brochures or other advertising literature.

F. Examinations

Each qualified applicant will sit for an examination. At the time of the examination, the Certification Program will require proof of identity through a satisfactory government-issued picture ID. The ID will be displayed to Examination Supervisors, but no information from the ID (other than the type of ID displayed) will be recorded by the Certification Program.

G. Eligibility Review Procedures/ Censure, Suspension or Revocation Procedures (Sanctions)

In the course of an Eligibility Review Process over eligibility requirements or a censure, suspension or revocation procedure or any other review which may be provided for under the Rules and Policies and Procedures of the Certification Program, an Appellant might disclose personal data beyond those items specified in this Policy and Procedure on Privacy. The Administrative Rules and Operational Policies and Procedures of the Certification Program set out in detail how such disclosures might be made and to whom, and how the Certification Program will deal with, report and record such personal data. All such disclosures, and the Eligibility Review Process itself, as well as an appeal of an action imposing sanctions, are voluntary by the party making disclosure. Reference to the Administrative Rules and Operational Policies and Procedures is advised for any one wishing to obtain further information on the privacy and disclosure issues which might be involved in a review procedure or a sanctions procedure.

H. Information the Certification Program Will Not Solicit or Collect

The Missouri Certification Program of Real Estate Title and Escrow Professionals, unless otherwise disclosed in this Policy and Procedure on Privacy, will not solicit, collect or retain information on the following:

§ Racial or ethnic origin;

§ Political opinions;

§ Religious or philosophical beliefs;

§ Health/Medical data;

§ Sex life;

§ Physical description such as height, weight, distinguishing characteristics;

§ Family characteristics such as, marriage, partnership, dependants;

§ Life style or personal tastes such as details of consumption of goods or services, leisure activities and sport, personal or family behavior, smoking, drinking, favorite color, food;

§ Financial resources such as salary/income, property;

§ Financial identifiers such as credit card number, bank account number or credit references or credit ratings; and

§ Identifiers assigned by public bodies such as Social Security number or state identity number; except, however, the title insurance license number might be solicited and retained.

II. Communications from the Certification Program

In order to administer the Certification Program efficiently and to comply with the Rules and Policies governing the operation of the Certification Program, notices will be sent to Certified Members regarding continued certification deadlines, Annual Meeting dates and location and assessment due dates. The Certification Program will collect email addresses and mailing addresses for these purposes. Certified Members may be given the option to use credit cards for the payment of assessments. If so, the Program will also collect credit card information (such as account name, number and expiration date), which is used for billing purposes only, and is not otherwise shared. Notification will be sent regarding eligibility requirements to applicants for certification or continued certification, about examination dates and locations and about examination results. The Certification Program may send updates that contain important information about the website posting or about modifications to the Certification Program. Applicants will be notified by mail, email or by phone concerning eligibility requirements. Mailing addresses, email addresses and phone numbers will be collected for this purpose. The Certification Program may send newly-certified or re-Certified Members a welcoming message. The Certification Program may also communicate with a user via email, phone or regular mail. Addresses and phone numbers may be solicited for this purpose.

III. WITH WHOM USER INFORMATION IS SHARED

The Missouri Land Title Institute Certification is an adjunct to the Missouri Land Title Association (MLTA). The MLTA exercises control and direction over the operations of the Certification Program. Information and data provided to the Certification Program is shared with the Board of Directors of the MLTA. Such information may be shared in open meetings of the MLTA Board and/or may be incorporated in the Minutes of the MLTA Board Meetings. As such, the information becomes available to the general membership of the MLTA. It is not anticipated that information or data on specific applicants or individual Certified Members will be made available to the MLTA through such means; however aggregate statistical reports will be communicated to the MLTA Board, including financial data on the Program operations.

The names, employers and business addresses of newly Certified Members will be posted on our website and notices containing the same information may be disseminated to the public at large and to the news media. Press releases may list all newly-Certified Members or may be specific as to any one individual Member. Press releases may contain information on current and past employment, educational background, association memberships and city/town of residence (but not mailing address). Lists of all Certified Members and their addresses and employers and job titles, if applicable, will be maintained on the Program’s website and available to examination by the general public.

For purposes of the efficient administration of the Certification Program, or for general purposes of convenience, any Certified Member of the Certification Program may serve on any committee, board, panel or commission with access to individual applications or adverse eligibility decisions or decisions regarding the revocation of certified status. All such Certified Members will, therefore, have access to specific individual’s information and data.

In the event certified status should be accepted by any regulatory body as satisfactory compliance with any educational or other requirement, the Program will share Certified Members lists with such regulatory bodies. To the extent the regulatory body requires additional verification data in order to accept certified status as satisfactory completion of any requirement imposed by that body, such verification information or data, to the extent it is available from the records of the Certification Program will be shared; provided, however, the Certification Program has first provided sufficient notice to Certified Members about such disclosure and provided ample opportunity for Certified Members who choose to do so to opt out of any such verification information disclosure process. Presently no such regulatory body disclosure is anticipated.

Other than as set forth above, he Certification Program will not share personally identifiable information with other companies, associations, persons firms or entities. The Certification Program respects the privacy of those individuals seeking information on certification or who seek to become or are certified and shall not disclose, distribute or rent its email address list or mailing list to any third party, nor shall it permit anyone else to do so.

The Certification Program will disclose information when required to do so by law, for example, in response to a court order or a subpoena or other legal obligation, in response to a law enforcement agency's request, or in special cases when the Certification Program has reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) the Certification Program’s rights or property. Users should also be aware that courts of equity, such as U.S. Bankruptcy Courts, might have the authority under certain circumstances to permit personal information to be shared or transferred to third parties without permission.

The Certification Program may share aggregate information, which is not personally identifiable, with others. Such aggregate data may be used for purposes of the Program’s marketing materials or may be used to attract and retain advertisements of third party goods or services. This information may include usage and demographic data, but it will not include personal information.

IV. POLICY ON THE RELEASE OF APPLICANT AND CERTIFICANT INFORMATION

The Archives Committee of the Missouri Certification Program of Real Estate Title and Escrow Professionals maintains all records concerning applicants and certified individuals participating in the Certified Member Program. All information contained in records of applicants for certification or continued certification is confidential.

In the event that the Certification Program receives an inquiry regarding the certification status of a particular individual, the only information that will be released is whether an individual currently is or is not certified, together with the certification level. An individual’s point in the certification process (i.e., has applied; needs to recertify; needs more information submitted, was once certified, etc.) will not be discussed with anyone other than the actual candidate.

Due to the confidential nature of all applicant and certificant information, the names, addresses and/or telephone numbers of applicants for a particular examination will not be released to any individual other than the official examination Proctor, who in most cases will be a Certified Member of the Certification Program. The Certification Program requires Proctors to keep any and all materials surrounding an examination confidential. Test scores will not be released to any party; however, the applicant may be provided with test score results should such a Policy and Procedure be adopted by the Certification Program in the future.

No information concerning a revocation of certified status will be released to any person. The fact of revocation will not be released. Parties inquiring in connection with revoked certifications will be advised only that the former certificant is not certified by the Certification Program. Should an applicant’s or a certificant’s employer or prospective employer require information on the status of an application or verification of former certification, such information will only be released following receipt of a signed, written request from the applicant or certificant to furnish a specific party with the requested information. The applicant or Certified Member may authorize the release of any such information to any party by use of a written authorization form. A satisfactory form of such authorization appears in Appendix G.

V. CORRECTING/UPDATING PERSONAL INFORMATION

If a user's personally identifiable information changes (such as email address, mail address, phone number, employer, etc.), or if a user no longer desires information or updates on the Certification Program, the Certification Program will provide a way to correct or update that user's personal data. Please note that the Certification Program will endeavor to implement requests within a reasonable time, although for a time users may continue to receive mailings, etc., transmitted prior to the implementation of the request. Certified Members will continue to receive information directly related to their certified status and membership privileges and obligations so they always are kept informed.

VI. PERMISSION

Applicants for certification are required to grant the Certification Program access to all records or information reasonably necessary to verify information contained in the individual’s application. Such permission may be acted upon by the Certification Program either at the time of eligibility verification or thereafter for so long as the individual retains certified status or has not formally withdrawn the application for certification. Any such verification data will become part of the records maintained by the Certification Program. The information and data thus obtained are subject to all of the provisions of this Policy on Privacy, just as if it were information provided by the applicant. From time to time the Program may seek to disclose certain personally identifiable information to third parties. Users will have the opportunity to choose whether to have such personal information released before any dissemination of personally identifiable information is made. Instructions for how to exercise this choice (opt-out) will be contained in emails sent by the Certification Program, or in mass mailings or included in the web posting for the Certification Program.

VII. SECURITY

The Certification Program uses reasonable precautions to protect users' personal information and to store it securely. Access to all of our users' information is restricted to the appropriate committee, board, panel or commission. Only Certified Members who need the information to perform a specific administrative function for the Program are granted access to personally identifiable information.

VIII. NOTIFICATION and CHANGES

If the Certification Program changes its privacy policy, any such change will be reflected in this Policy and Procedure so that users are always aware of what information is collected, how it is used, and under what circumstances it is disclosed, and to whom. Regardless of later updates, the Certification Program will never use the information submitted under this current policy in a new way without first providing users an opportunity to either opt-out and prevent that use or to opt-in and allow the use.

IX. CONTACT INFORMATION

The Missouri Land Title Institute Professional Certification Program welcomes user comments regarding this Policy on Privacy. If you believe that the Certification Program has not adhered to this policy, please contact the Certification Program by email or regular mail, and we will use commercially reasonable efforts to promptly determine and remedy the problem. Please send email to mlta@mlta.com with a subject line reading “privacy policy.” Please do not hesitate to contact the Certification Program with any questions you may have, whether involving the Policy on Privacy or otherwise, either by email at the address above, or by regular mail at the address below:

The Missouri Land Title Institute Professional Certification Program

ATTN: Certification Privacy

P.O. Box 620
Bonne Terre, MO  63628

The Missouri Land Title Institute

Professional Certification Program

ØPolicy and Procedure 4: Educational Requirements for Continued Certification

The Missouri Land Title Institute Professional Certification Program shall create and administer a Continuing Certification Education program (CCE) designed to ensure that Certified Members remain current on new developments in Missouri real estate law, new underwriter policy and endorsement forms, new Department of Insurance regulatory or statutory directives or requirements, or ethical behaviors in the land title and escrow industries. The CCE program shall constitute the sole and exclusive method whereby Certified Members may satisfy the educational hours requirement for Continuing Certification; however, the CCE program will be available to any party desiring to attend. The fee for the CCE course shall be established by the Executive Council by the adoption of a Policy and Procedure once the program becomes operative.

Until the CCE program is established, Certified Members may satisfy the education hours requirement for continuing certification by earning 100 points in the categories from Appendix A in the Education Classification, other than Associate, Bachelors or Masters or other advanced degrees. Those points must be accrued in each five year interval following the member’s original certification date.

The Missouri Land Title Institute

Professional Certification Program

ØPolicy and Procedure 5: Fees

The Executive Council of the MLTI Certification Program is authorized to adopt reasonable application and examination fees at a later date in all the following categories and such other categories as may then be reasonably necessary for the effective operation of the Certification Program.

(a) Initial Certification Fees:

SCHEDULE OF FEES:	REGULAR RATE	MLTA MEMBER* DISCOUNTed rate
Introductory Title/Escrow: Non-refundable Application Fee Examination Fee see (d)i below for refund policy otherwise	$_________ $_________ + $______ non-refundable processing fee	$_________ $_________ + $______ non-refundable processing fee
Advanced Title/ Escrow: Non-refundable Application Fee Examination Fee see (d)i below for refund policy otherwise	$_______ $_______ + $______ non-refundable processing fee	$_______ $_______ + $______ non-refundable processing fee
SCHEDULE OF FEES:	MLTA MEMBER RATE
Master Title/Escrow: Non-refundable Application Fee Examination Fee see (d)i below for refund policy	$_______ $______ + $______ non-refundable processing fee Discount Reference Not Applicable (MLTA membership required)

*Note: to qualify for the MLTA member discount, the applicant must have been a member or affiliate member of the MLTA in good standing as of the date of application and continued to be a member in good standing through the first testing date. No Silver Shield discount applies.

(b) Conversion: The Advanced Member shall pay a certification conversion fee of $___________ for each certification designation sought to be converted to Master Level under Rule 4.2.

(c) Emeritus: The retiring member shall pay a one time fee of $_________ for each level of certification for which Emeritus status is sought pursuant to Rule 4.4.B.

(d) Miscellaneous Application and Examination Fee Regulations

i. Refund Policy: There shall be no refunds of any fees paid in connection with the application for certification. Pre-paid fees in connection with the examination shall be refunded in full only in the event the Eligibility Standards Commission determines the applicant has not met all of the necessary prerequisites for the examination; however, the processing fee component of the examination fee is non-refundable. Failure to appear for the examination or arriving after the examination sequence has begun will not entitle the applicant to a refund of the examination fee; but see iii. below.

ii. Re-Applying: In the event the Eligibility Standards Commission requires additional documentation or verification in connection with any application, there shall be no additional charge for resubmitting the application with such documentation or verification within the time frame established by the Eligibility Standards Commission. A determination that the applicant has not met all the prerequisites for the examination shall not entitle the applicant to any refund of the application fee.

iii. Number of Examination Sequences: Any applicant who fails to achieve a successful outcome on the examination may register for and take the examination one additional time within the 12 months immediately following the date of the unsuccessful exam sequence without incurring any obligation for a second examination fee. However an additional processing fee as set out in the Chart in section (a) above must be paid each time the applicant sits for the exam. An applicant who has paid the examination fee, but fails to appear for the exam sequence or arrives after the exam sequence has commenced, and is therefore unable to sit for the exam, shall be entitled to register for the next available exam sequence offered by the Certification Program without incurring any obligation for a second exam fee. However an additional processing fee as set out in the Chart in section (a) above must be paid each time the applicant sits for the exam. In the event such an applicant fails to achieve a successful outcome on the examination, he or she may register for and take the examination one additional time within the 12 months immediately following the date of the unsuccessful exam sequence without incurring any obligation for a second examination fee. However an additional processing fee as set out in the Chart in section (a) above must be paid each time the applicant sits for the exam. Failing to appear or arriving late for the second scheduled exam sequence FOR ANY REASON shall result in a forfeiture of the examination fee.

(e) Charge for Certificate: No fee shall be charged for the initial awarding of the certification membership certificate or plaque or other indicia of certified status; however, a charge shall be made to cover the actual cost of replacing any that may be lost or destroyed, together with an administrative surcharge of 10% thereof. Any Certified Member whose certification converts from Master Level to Advanced Level shall pay the actual cost of a new certificate or plaque or other indicia of the new certified status as may be provided for at the Advanced Level at the time, together with a $____ conversion fee.

The Missouri Land Title Institute

Professional Certification Program

ØPolicy and Procedure 6: The Examination/Scoring Process

I. Goal:

The goal of this Policy and Procedure is to establish a reliable and verifiable assessment process free of individual bias in scoring and to preserve the privacy of applicants in connection with individual examination results. The scoring procedures are designed to eliminate any prejudicial error in the scoring process and to certify successful completion of the examination for as many applicants as possible.

II. Definitions:

A. Any phrase, word or term defined elsewhere in the Standing Rules, Administrative Rules or Operational Policies and Procedures shall have the meaning assigned there when used in the Examination/Scoring Process Policy and Procedure.

B. The following phrases, words and terms are defined as:

(1) cut score: the minimum score which an applicant may achieve and still be regarded as having successfully completed the examination process

(2) examination sequence: any examination period scheduled to occur without breaks or divisions. An examination sequence shall be determined to have commenced or begun when applicants are instructed to open examination booklets.

(3) examination booklet: any format in which the written examination may be produced for distribution to applicants during an examination sequence, whether in actual booklet form or otherwise

(4) examination number: a number assigned to each applicant to be employed as identification in each examination sequence in order to protect the applicant against any personal bias in the scoring process

(5) scoring results log: a record keeping device designed

(a) to register successful and unsuccessful scores indexed against examination numbers to be employed by the Examination Supervisor in transferring examination results to the roll of successful applicants and to determine to which applicants notice of unsuccessful completion must be sent; and

(b) to protect to the greatest extent possible the identities of applicants who do not achieve successful results in the examination process

(6) proctor: an Examination Supervisor or Assistant Examination Supervisor present during any examination sequence charged with the application and enforcement of the of the procedures governing the examination sequence

C. Any reference in this Examination/Scoring Process to potential examination topics is informational only and is used merely as description. Such listing or inclusion does not guarantee the content or subject matter of any examination. Examinations may not cover all the topics so listed and may include questions regarding any number of other topics or subject matters.

III. Examination Procedures:

A. Prior to the examination date, the Examination Supervisor shall assign each applicant whose eligibility has been verified an examination number for each examination sequence the applicant will complete. The creation and system for the assignment of the examination numbers shall be within the discretion of the Examination Supervisor. The Examination Supervisor shall assign the exam numbers personally, and shall not delegate this duty to any Assistant Examination Supervisor. The assignment of examination numbers will remain the exclusive knowledge of the Examination Supervisor and will not be disclosed to any other person, other than the applicant, and other than as may be reasonably necessary in the verification of examination results by an assistant Examination Supervisor. Due to the possibility of emergency, the Examination Supervisor shall maintain a back up copy of the exam number assignments, and this back up copy, either in written or electronic form, shall be delivered to the Chairman of the Executive Council for safe keeping.

B. At the beginning of any examination sequence, there shall be a registration process in which each applicant shall be required to:

(1) produce satisfactory picture identification; and

(2) sign a non-disclosure agreement certifying that he or she will not reveal any specific test questions to any other person after the exam (see Appendix B); and

(3) sign a “Truth in Examination” certification that he or she has not been provided with any specific examination question or answer (see Appendix B).

C. The applicant shall be given his or her examination number in a sealed envelope which will have been prepared in advance by the Examination Supervisor. The applicant shall enter the examination number on the examination booklet when and as instructed, and the examination number shall be the exclusive means of identifying the applicant in relation to the examination and scoring process from that point forward.

D. Applicants shall not be allowed to bring any item to the examination, including cell phones or pagers. (Cell phones and pagers on “mute” or “vibrate” will not be allowed in the examination room). A non-programmable calculator will be allowed. Purses, brief cases, portfolios, cell phones, palm pilots, lap top computers, folders, books, pamphlets, newspapers, miscellaneous papers and any such other item which an applicant might have in their possession when they arrive for the exam shall be checked at the door before the applicant is allowed to enter the examination room. The Examination Supervisor shall be charged with the responsibility of creating and implementing a reliable system to identify the personal property of applicants at the exam. This system may vary from exam site to exam site. An applicant who arrives at the examination site with such prohibited personal property will bear the risk that such property might be lost or damaged once out of the applicant’s possession (see Appendix B).

E. No applicant may leave the examination room once he or she has completed the registration process until the applicant has completed the examination sequence. Leaving the examination room for any reason unaccompanied by a proctor (as set out below) shall be conclusively interpreted as having completed the examination sequence, and the applicant will not be allowed to return to the examination room at any time during the remainder of that examination sequence. In the event of personal emergency, an applicant who must leave the examination room prior to completion of the exam sequence shall be accompanied by a proctor. Conversation between the applicant and the proctor will be limited to the nature of the personal emergency. In no event will the proctor discuss any element of the examination process with the applicant. The applicant shall be allowed to return to the examination room without registration; however, no period of time in addition to the scheduled length of the exam sequence will be allowed to the applicant for completion of the examination sequence. An applicant who leaves the examination room for any reason shall not be entitled to any refund of the examination fee.

F. Proctors will answer no questions about the exam in general, about specific questions on the exam or about the exam process during or after the examination sequence. Proctors will not explain procedures or clarify exam questions once the examination sequence has commenced.

G. Conversation of any kind between applicants during the examination sequence shall be grounds for expelling the conversing applicants from the examination room. Any applicant who engages in any inappropriate behavior or otherwise distracts other applicants shall be expelled from the examination room.

H. A Chief Examination Supervisor will be named by the Examination Supervisor for each examination sequence. The Chief Examination Supervisor and other Assistant Examination Supervisors will be present at each examination sequence. Whenever possible, all Examination Supervisors shall be Certified Members certified at a level equal to or above the level of the examination sequence each proctors. The Examination Supervisor may recruit as many Examination Supervisors per examination sequence as he or she may deem necessary or advisable. Certified Members are expected to cooperate and comply with requests to serve as Assistant Examination Supervisors. The Examination Supervisor shall implement necessary training to assure that Assistant Examination Supervisors are familiar with all examination procedures.

I. An explanation of the examination procedure and specific instructions regarding the examination sequence shall be delivered by the Chief Examination Supervisor at the beginning of each exam sequence. The explanation shall include the cut score for the exam as a whole. This explanatory presentation will be uniform from examination sequence to examination sequence and from examination date to examination date. Applicant questions will be entertained at that time.

J. In order to ensure that adequate time is available for each examination sequence, the Examination Supervisor will establish registration times and commencement times which allow for adequate time in which the registration process may be completed and in which the Chief Examination Supervisor may deliver the explanation in I. above and answer questions, without reducing the allowed time for completing the examination sequence.

K. An applicant who arrives late for an exam sequence will not be allowed to enter the examination room if the examination sequence has begun. No refund will be allowed to any such applicant; however that exam sequence shall not be counted in determining the number of times the applicant may sit for the exam for the paid examination fee. The applicant will incur additional charges for the processing fee set out in the Chart in Policy and Procedure 5 (a) each time the applicant sits for an exam.

IV. Scoring Procedures:

A. An Assistant Examination Supervisor shall not have any role in the scoring of exams taken in any examination sequence during which he or she served as proctor. No person may score an exam required for a certification level above the level at which that individual is certified.

B. The scoring process will consist of the following:

(i) In the first phase of scoring, should the score of any exam meet or exceed the cut score, the scoring of that exam shall be considered final, and the Examination Supervisor or an Assistant Supervisor shall enter on a scoring results log devised for that purpose by examination number only that a successful score was obtained. The actual score on each exam will be recorded.

(ii) In the second phase of scoring, any exams which did not meet or exceed the cut score in the first phase shall be re-scored by different Examination Supervisors to eliminate prejudicial error in the first phase scoring. Should the revised score of an exam in the second phase of scoring meet or exceed the cut score, the scoring of that exam shall be considered final, and the Examination Supervisor or Assistant Supervisor shall enter on the scoring results log that a successful score was obtained. No reference to re-grading will be recorded; however, the actual score on each such exam shall be recorded.

(iii) The scoring results on any exam which did not meet or exceed the cut score in the first two scoring phases will be entered on the log as an unsuccessful completion, without any reference to re-scoring, but with the actual scores.

(iv) Any applicant who failed to attend the examination session shall be disregarded on the scoring results log since no examination number will have been entered on an examination booklet. Any applicant who was expelled from the examining room shall automatically be entered on the scoring results log as having an unsuccessful score. No scoring shall be done of any part of a completed or partially completed examination by such an applicant.

C. Following the second phase scoring, all exams shall be delivered to the Examination Supervisor. Scores reflected on the exams shall be compared to the scoring results log, which will be verified for accuracy. In the event any discrepancy is detected, all exams will be re-scored through both scoring phases and a new scoring results log created. No reference to the verification re-scoring process shall be recorded.

D. Once the scoring results log has been finally verified, the Examination Supervisor will transfer from the score results log to the name of the applicant corresponding with the examination number shown on the log. An Assistant Examination Supervisor will then confirm the transfer of scores from numbered entries to entries against the names of the applicants. Once verification is completed, the examination number assignments made by the Examination Supervisor under II, A above shall be destroyed. The Chairman of the Executive Council shall be notified to destroy the emergency copy delivered to him or her for safe keeping. The test results log shall be destroyed.

E. The Examination Supervisor shall certify the roll of applicants who successfully completed the exam process. The Assistant Examination Supervisor shall certify that he or she verified the list for accuracy.

F. Once the certified list is completed, all exams will be destroyed. No applicant will be allowed under any set of circumstances to review any scored test, including his or her own.

G. The certified roll of successful applicants shall forthwith be delivered to the Chair of the Eligibility Standards Commission and to the Chair of the Archives Committee, who will enter the successful completion in the appropriate records. Actual scores will not be entered on any record maintained by the Archivist. The Eligibility Standards Commission Chair will send or cause to be sent notifications to each applicant regarding successful completion of the exam, along with the actual score attained, and confirming enrollment as a Certified Member at a specific level. No record will be maintained by the Eligibility Standards Commission Chair of unsuccessful results.

H. The Examination Supervisor will, at or about the same time as the certified roll is delivered to the Chair of the Eligibility Standards Commission, send or cause to be sent to each applicant with unsuccessful results on the examination, notice that such applicant did not earn a score equal to or greater than the cut score in the examination sequence and as a result will not be granted certified status. The specific score attained by that applicant will be provided. Such notice will advise the applicant in general terms how many more times he or she may sit for the exam based on the examination fee paid to date. Such advice may be in the form of a copy of any applicable provisions of any Operational Policy or Procedure governing fees.

V. Statistical Data

Nothing herein shall be construed or interpreted to preclude the Examination Supervisor from compiling statistical reports reflecting the total number of applicants who achieved successful scores or the total number of applicants who received unsuccessful scores in any examination sequence, or in converting those numbers to percentages, or in recording the highest score achieved in any examination sequence (provided the applicant is not identified in any such report), or the average score among all applicants, or the number of applicants who achieved scores above or below the average score, or any other compiled statistical data which does not directly identify any specific applicant.

VI. Cut Score:

A. Explanation: The examination shall not be graded on a curve or by any other method dependent upon scores achieved in any individual examination sequence. As a result, no applicant will be disadvantaged because overall scores in that applicant’s examination sequence were higher than in other examination sequences, and no applicant will receive an unfair advantage because overall scores were lower in that applicant’s examination sequence than in other examination sequences. Additionally, as an assessment tool for overall proficiency, the exam cannot be scored on the curve, just as job performance is not scored on the curve: an objective minimal score must be applied to all applicants. As a result, it is possible that in some examination sequences, no applicant will achieve a successful score. It is also possible that in some examination sequences all applicants will achieve a successful score. The exam, itself, has been designed to retain the same degree of difficulty irrespective of the differing versions of the exam that may be employed on different examination dates. Each applicant, however, will receive the identical examination booklet in any given examination sequence. As the level of certification increases, the difficulty of the examination increases. The cut score is designed to reflect the minimal levels of proficiency at such increasing difficulty levels.

B. Established Cut Scores:

1. Introductory Level: At this level of certification the applicant is expected to have a basic understanding of legal descriptions, conveyance documents, present estates in land, state and federal judgment liens, legal entities such as corporations, partnerships and limited liability companies, searching, examining and insuring Missouri real estate titles or of the settlement process involved in the sale, purchase and refinancing of residential Missouri real estate, including title commitment exceptions and requirements, RESPA and the “Good Funds” law. The examination designed to assess proficiency and understanding in these areas is geared toward the very basics of the knowledge and expertise expected of an applicant with minimal experience in the industry. In other words, the examination at this level is the least difficult, but the entire examination consists of “key concept” questions. Because the examination is designed to assess minimal levels of knowledge and skill, an applicant is expected to perform to a higher standard than if the assessment were of some advanced level of understanding and experience. Therefore the cut score for this examination is high: an applicant must correctly answer 80% of the questions in order to achieve a successful score.

2. Advanced or Master Level: At this level of certification the applicant is expected to have a thorough understanding of all aspects of searching, examining and insuring Missouri real estate titles, including endorsements and title insurance regulatory and underwriting requirements, title insurance coverages, exclusions and claims procedures and of complex estates in real property, leasehold estates, future interests, condominiums, corporations, partnerships, limited liability companies, unincorporated associations, mechanic’s liens, broker’s liens, federal tax liens, the Missouri Court system and elements of the Missouri Civil Procedure Rules, the bankruptcy code and/or of the settlement process involved in the sale, purchase, leasing and refinancing of all Missouri real estate (residential, commercial, agricultural or industrial), including title commitment exceptions, endorsements and their underwriting requirements, complex lender instructions, the “Good Funds” law, 1031 exchanges and reverse 1031 exchanges, RESPA and the Foreign Investment in Real Property Tax Act. At the same time, the applicant is expected to retain the basic skill and knowledge expected from an individual with limited experience in the industry. The examination for this level, then, is designed to assess a much higher proficiency and understanding in these areas than that expected of an applicant with minimal experience in the industry. The examination sequence for Advanced and Master applicants involves much more complex issues and questions and a great deal of theoretical application of established basic principles. Many of the applications may involve “once in a career” fact patterns. In other words, the examination at this level is much more difficult and applicants are also expected to perform to higher standards than Introductory candidates. The cut score on the second examination sequence is therefore 85%.

The Missouri Land Title Institute

Professional Certification Program

ØPolicy and Procedure 7: Examination Instructions

The following instructions shall be read to the applicants at each testing sequence by the Chief Examination Supervisor or his or her designated representative prior to the commencement of the exam:

You are sitting for the [Level 1 / Level 2] [title / escrow] (as appropriate) examination sequence.

For Level 1: The Level 1 examination sequence is the only examination necessary for certification as an [Introductory Title Professional/Introductory Escrow Professional] (as appropriate). If you are not sitting for the correct examination sequence, please leave the room now. The monitor outside the door will direct you to the correct testing location.

For Level 2: The Level 2 examination is the only examination sequence necessary for certification as an [Advanced Title or Master Title or Advanced Escrow or Master Escrow Professional] (as appropriate). If you are not sitting for the correct examination sequence, please leave the room now. The monitor outside the door will direct you to the correct testing location or otherwise explain your options to you.

For all levels:

Here are the examination room rules.

You may not leave the examination room until you have completed the examination sequence. Leaving the examination room for any reason unaccompanied by a proctor, as explained later, will be conclusively interpreted as having completed the examination sequence and you will not be allowed to return to the examination room at any time during the remainder of the examination sequence.

In the event of personal emergency that requires that you must leave the examination room prior to completion of the exam sequence with the intent to return, you must be accompanied by a proctor. Conversation between you and the proctor will be limited to the nature of the personal emergency. In no event will the proctor discuss any element of the examination process with you. You will be allowed to return to the examination room; however, you will not receive any additional time to complete the examination beyond the regularly scheduled period.

If you leave the examination room for any reason, you will not be entitled to any refund of the examination fee.

Proctors will not answer questions about the exam in general, about specific questions on the exam or about the exam process during or after the examination sequence. Proctors will not explain procedures or clarify exam questions once the examination sequence has commenced.

Conversation of any kind between applicants during the examination sequence shall be grounds for expelling the conversing applicants from the examination room. If you engage in any inappropriate behavior or otherwise distract other applicants, you will be expelled from the examination room.

Are there any questions on the rules governing your conduct in the examination room?

Here is the information on scoring procedures.

In order to preserve confidentiality in the scoring process, none of the proctors serving in this examination sequence will have any role in the scoring of your examinations.

Your examinations will be scored, and the scoring of any examination resulting in a successful score will be regarded as final.

Any exams which did not meet or exceed the minimum successful score will be re-scored by different Examination Supervisors to eliminate prejudicial error in the first phase scoring. Should the revised score of an exam in the second phase of scoring meet or exceed the minimum successful score, the scoring of that exam shall be considered final.

The scoring results on any exam which did not meet or exceed the minimum successful score in the two scoring phases will be entered as an unsuccessful completion.

Any applicant who was expelled from the examining room shall automatically be entered as having an unsuccessful score. No scoring shall be done of any part of a completed or partially completed examination by such an applicant.

The Examination Supervisor shall certify the roll of applicants who successfully completed the exam process. An Assistant Examination Supervisor shall certify that he or she verified the list for accuracy.

Once the certified list is completed, all exams will be destroyed. No applicant will be allowed under any set of circumstances to review any scored test, including his or her own.

Each Applicant will be notified by mail of successful and unsuccessful examination results. The specific score attained by that applicant will be provided.

The Certification Program may create statistical reports reflecting the total number of applicants who achieved successful scores or the total number of applicants who received unsuccessful scores in any examination sequence, or in converting those numbers to percentages, or in recording the highest score achieved in any examination sequence (provided the applicant is not identified in any such report), or the average score among all applicants, or the number of applicants who achieved scores above or below the average score, or any other compiled statistical data which does not directly identify any specific applicant.

The minimum successful score is also referred to as a cut score. The cut score is not based on a curve or by any other method dependent upon scores achieved in any individual examination sequence. As a result, no applicant will be disadvantaged because overall scores in that applicant’s examination sequence were higher than in other examination sequences, and no applicant will receive an unfair advantage because overall scores were lower in that applicant’s examination sequence than in other examination sequences. As a result, it is possible that in some examination sequences, no applicant will achieve a successful score. It is also possible that in some examination sequences all applicants will achieve a successful score. The exam, itself, has been designed to retain the same degree of difficulty irrespective of the differing versions of the exam that may be employed on different examination dates. However, each of you will receive the identical examination booklet.

This is the information on the established cut scores.

For the Level 1 Examination Sequence:

At the Introductory Level of certification, the cut score for the examination is high: an applicant must correctly answer 80% of the questions in order to achieve a successful score. The examination is geared toward the very basics of the knowledge and expertise expected of an applicant with minimal experience in the industry. In other words, the examination at this level is the least difficult, but the entire examination consists of “key concept” questions.

For the Level 2 Examination Sequence:

This examination sequence for Advanced and Master Applicants involves much more complex issues and questions and a great deal of theoretical application of established basic principles. Many of the questions may involve “once in a career” fact patterns. In other words, the examination at this level is much more difficult than the exam for Level 1. Advanced or Master level applicants are expected to perform at higher levels than Introductory applicants even on more difficult questions. The cut score on the second examination sequence is therefore 85%.

Are there any questions on the scoring procedures?

Examination booklets are being distributed now. Do not open or turn over the booklet until you are instructed to do so.

The examination booklet contains a number of multiple choice questions, matching questions, true and false questions, and single-answer questions. Some questions may have more than one correct answer. You are to select the best answer to the question. Be sure your answers are clearly marked. In the event the scorer must guess as to your answer, the wrong answer will be presumed.

You are not penalized for wrong answers. Therefore you should answer all of the questions even if your answers are mere guesses.

Many of the questions may be based on facts you are provided. You should not assume the existence of any fact not set out in the question unless the question instructs you to do so. Other questions may be based on documents which accompany the question. You should not assume the existence of any document which is not provided unless the question instructs you do to so. You have received a more specific set of General Instructions as to assumptions you should make when answering the questions in addition to your examination booklet. Review those instructions now. Any question regarding the General Instructions will be answered now. You may not ask further questions about the General Instructions once the examination has begun.

Level 1: You will have ________ hours in which to complete the examination. Some Applicants may choose to leave the examination early without finishing. No one should become discouraged because others appear to be finishing more quickly. And each applicant is advised to use the full time allotment to double-check his or her answers.

Level 2: You will have ________ hours in which to complete the examination. Some Applicants may finish well in advance of the set time. Some may choose to leave the examination early without finishing. No one should become discouraged because others appear to be finishing more quickly. And each applicant is advised to use the full time allotment to double-check his or her answers.

Each of you received a sealed envelope when you registered for the examination sequence. That envelope contained your Examination ID number. That is the only identifying information necessary on your examination.

Please open/turn your examination booklets over and enter your Examination number on the front page where indicated. Do not review/open your examination booklets until instructed to do so.

The examination will start promptly at _____. At that time you will be instructed to open your examination booklets and begin the test. The Examination Supervisor will track the allotted time. When the Examination Supervisor determines that the time is up, you will be told to close your examination booklets and set your pencils down. There are additional pencils at your seat. If, however, you need a new pencil any time during the exam, please hold your pencil up and a proctor will bring you a new one. Do not shout out or flail your arms in an effort to secure the attention of a proctor. Doing so will be grounds to have you expelled from the examination room. Do not ask your neighbor for a pencil. Doing so may result in both of you being expelled from the examination room.

[Proctor waits until official starting time, then:] You may open your examination booklets and begin the examination.

The Missouri Land Title Institute

Professional Certification Program

ØPolicy and Procedure 8: Preliminary Approval of Eligibility

It is the express policy of the Certification Program to take all reasonable steps to avoid any perception of a lack of fairness at any stage of the program. At the Master Level, there are designated categories for Professional Participation Points which involve a certain amount of discretion by the Eligibility Standards Commission. There is also a non-refundable application fee required. The Program intends that no person forfeit his or her application fee due to an exercise of discretion by the Eligibility Standards Commission. As a result, the Program has adopted this Policy and Procedure on preliminary approval of eligibility.

Although the categories below were stated as narrowly as possible in order to minimize subjective judgments, these categories inherently involve the exercise of discretion by the Standards Compliance Commission:

· 6. Substantive, educational articles on real estate–related topics published in an MLTA publication or on the MLTA website

· 25. Attendance at an Approved Real Estate/ Real Estate Law curriculum related to Missouri other than those sponsored by the MLTA

· 27. Officer, director, board member or committee chair or co-chair of, or instructor/ presenter/panel member/speaker at an educational meeting for, an approved real-estate related, allied professional organization

· 29. Substantive, educational articles on real estate–related topics published in industry-related publications, including underwriter newsletters or newspapers or magazines of general circulation

As a result, applicants for Master Level Certification may submit---without the payment of any application fee---those items intended to evidence compliance with the above categories for pre-approval by the Eligibility Standards Commission. The Eligibility Standards Commission will then determine whether the submitted information constitutes compliance in the above categories and shall notify the applicant in writing, which shall be deemed to include email notification, of its decision. A determination that the submitted materials do constitute compliance shall be irrevocable.

Pre-approval in the above categories is available for initial certification, continued certification or conversion from Advance Level to Master Level.

Nothing in this Policy and Procedure shall excuse the Applicant from presenting a full and complete application and the payment of the appropriate fee therefor, including re-submission of the pre-approved materials with a copy of the written pre-approval obtained in order to simplify the application review, if the Applicant intends to establish eligibility for the Master Level Examination(s) or to obtain continued certified status or to convert Advance Level Certification to Master Level Certification.

In no other category or categories may the Applicant seek pre-approval.

Nothing herein shall be construed to preclude the necessary exercise of discretion by the Eligibility Standards Commission in any other category.

No Applicant may invoke the Eligibility Review Process (Administrative Rule 5.2) until he or she has submitted a full application, together with the appropriate non-refundable fee therefor.

Attendees at courses, lectures, seminars or other instructional programs approved for Professional Participation Point credit under Policy and Procedure 9 below need not submit a pre-approval request for Category 25 credit for any such approved course, lecture or seminar, but may request confirmation that such approval has not been suspended or revoked.

Instructors or speakers at courses, lectures, seminars or other instructional programs approved for Professional Participation Point credit under Policy and Procedure 9 below need not submit a pre-approval request for Category 27 instructor credit for such approved course, lecture or seminar, but may request confirmation that such approval has not been suspended or revoked.

The Missouri Land Title Institute

Professional Certification Program

ØPolicy and Procedure 9: Preliminary Approval of Professional Participation Point Credit: Guidelines, Procedures and Requirements for Submitting Courses for Approval and Determination of Professional Participation Point Credit

The MLTI Professional Certification Program may approve those courses, lectures, seminars, or other instructional programs which would be beneficial in improving the product or operational knowledge or service capability of applicants for certification at the Master Level.

Any person, company, trade association, agents association, college, insurance education institution, or other person or corporation may submit courses for approval.

♦Professional Participation Point Count Calculations

The Certification Program may approve such courses, lectures, seminars, or other instructional programs for Professional Participation Point Credit at 20 points per initial hour (50 minutes) of instruction, and subsequent 50-minute hours, in Category 25 (Attendance at an Approved Real Estate/Real Estate Law Curriculum related to Missouri other than those sponsored by the MLTA). Points will be allowed for no less than full half hour (30 minute) increments over and above the initial one hour period. For example, a 90 minute course will result in 30 Professional Participation Points, 20 for the initial 50-minute hour and 10 for the subsequent 40 minutes. To qualify for 40 points the course must be at least 100 minutes long. Partial credit is not granted for partial attendance at an approved course.

A person teaching or lecturing an approved course shall qualify for 35 Professional Participation Points in Category 27 for the initial hour (50 minutes) of instruction. No less than full half hour (30 minute) increments over and above the initial hour will be recognized. Additional half hour periods of instruction shall qualify for 17 points in Category 27. See the example for a 90 minute course, above, resulting in speaker credit of 52 points. A 100 minute course would result in 70 Professional Participation Points. An instructor or speaker may not obtain points in both Category 25 and Category 27 for the same course topic, but an Instructor who attends other topic sessions in the same seminar series may obtain Category 25 credit for such attendance.

♦Procedure and Guidelines

òDeadlines

A course, program, or seminar must be submitted to the Professional Certification Program for approval prior to being offered. Requests for approval are to be submitted to the Professional Certification Program 30 days in advance of an offering. Courses cannot be advertised in any manner as approved unless approval has been granted in writing.

òFee

A non-refundable fee of $____ must be remitted with each request for approval of a new or revised education training program.

òDuration

A course topic submitted for approval must consist of a minimum of one hour of course instruction. For this purpose, each 50 minutes of instruction shall qualify as one hour. Additional half hours shall be full 30 minute half hours. No Professional Participation Point Credit will be approved for periods in addition to the initial 50 minute hour of less than 30 minutes. Course topics of any duration in excess of 50 minutes may be submitted, however.

òInformation To Be Provided

The following information must be submitted with each request for approval:

ØName of course sponsor

ØAddress

ØName and phone number of contact person, who can but need not be the sponsor’s official representative

ØCourse title

ØDate course will be offered, if known*

ØLocation where course will be offered, if known*

ØSubject matter covered

ØMethod used to verify attendance

ØLength of course

ØClass schedule

ØName and qualification of instructors

ØSignature of course sponsor’s official representative, whose signature must also appear on all attendance verification forms

ØTotal number of Professional Participation Points requested

* If possible, the date, time and place where the course will be given should be included with the submission. If this information will not be known until a later date, the course may be submitted for approval and the Professional Certification Program advised later when and where the course will be given and the names of previously approved instructors who will be conducting the course. Once a program has been approved, it is necessary to submit two weeks advance written notification to the Professional Certification Program of the time, date and location of any presentations of the course if credit is to be granted.

òTopical Outline

The topics covered in the course must be listed individually, and each separate topic should reflect a summary of the instruction given and the material covered under that particular topic heading. The time allotted for each topic must also be shown, along with the number of Category 25 Professional Participation Points requested for approval. If a series of courses are to be offered on the same day, the total Professional Participation Points of the entire series must also be provided. A list of the subjects covered, with no other details, would not be acceptable. An example of a satisfactory outline structure would be as follows:

I. 9:00 a.m. – 9:50 a.m. Smith (Instructor*) 50 min. –- 20 points

History of Title Insurance

Explanation of when, how and why title insurance came into being and how it grew into a national industry

II. 10:00 a.m. – 10:30 a.m. Brown (Instructor) 30 min --- 0 points

ALTA Environmental Protection Lien Endorsement 8.1

Explanation of coverage provided; issuing guidelines

III. 10:45 a.m. – 12:00 p.m. Jones (Instructor) 75 min.—20 points

Joint Tenancy & Tenants in Common

Explanation of the differences of joint tenants with rights to survivorship and tenants in common with regard to ownership in real estate.

IV. 1:00 p.m. – 1:50 p.m. Harris (Instructor) 50 min. –-20 points

Corporate & Partnership Structures

Explanation of the corporation structure, and requirements for corporate conveyances.

Discussion of General Partnerships with a comparison to Limited Partnerships with explanation of requirements for valid conveyances by each.

V. 2:00 p.m. – 2:50 p.m.; 3:00 – 3:50 p.m. Robertson (Instructor) 100 min. --- 40 points

Title Insurance Claims

Claims fact patterns and avoidance techniques will be discussed, along with Department of Insurance Regulations governing claims handling

VI. Total Points for Seminar: 100

* The qualifications and experience of each instructor must also be listed individually in the request for course approval.

òMiscellaneous

It is necessary to indicate on the outline any breaks given as points are allocated on the basis of a 50 minute hour. The number of hours approved will not include time spent on meal breaks and other unrelated activities.

Do not submit any books or manuals when submitting a course of instruction for approval. At some future date, the Professional Certification Program may request such educational material.

òNon-Approved Topics

The following topics are examples of subjects that will not qualify for credit:

· Prospecting (for new business)

· Motivation

· Sales

· Psychology

· Recruiting

· Employee/agent fringe benefits

· Internal office procedures of sponsoring organization

· Subjects not directly related to Missouri real estate or Missouri real estate law or title insurance;

· Subjects not directly related to RESPA or other escrow or settlement services issues as applied to Missouri.

This list is not intended to exclude customer service issues from approved topics; nor is this list all-inclusive of the topics which may not be approved.

Courses geared to under-writer specific guidelines or underwriting procedures are eligible for Professional Participation Point credit, as are courses only made available to the employees or agents to the sponsoring organization. Courses explaining the benefits and details of the Missouri Land Title Institute Professional Certification Program will also qualify for credit.

Certain programs on ethics as applied to the Missouri real estate title or escrow professions may qualify for Professional Participation Point credit under Category 25 or Category 27 (speaker credit).

Topics of instruction that may be approved for point credit in ethics:

· Related law-problem areas that deal with specific types of coverages

· Fraud

· Misrepresentation

· Controlled business

· Contract Law

· E&O Insurance

· Consumer Protection

· Professionalism and Ethical Standards

· Unfair Trade Practices

· Unfair Claims Settlement Practices

· Deceptive Practices

♦Records to be Maintained

The course sponsor must certify the Professional Participation Points earned in writing. A “Certificate or Letter of Completion” form may be created and reproduced by the course sponsor reflecting the information set out below; however, all such forms, including reproductions, must contain an original verification signature by an authorized representative or the sponsoring organization. This signature may not be photocopied, stamped, or signed and initialed by another individual. Signatures should be in blue, red or any color other than black ink.

The course sponsor should deliver the completed certificate(s) of completion to the attendee for subsequent delivery to the Professional Certification Program.

A course sponsor must maintain records for six years of the certificates or letters of completion issued. Such records must identify the following:

Ø Attendee’s full name.

Ø Attendee’s social security number or other satisfactory identifying information.

Ø Course title.

Ø Date of course.

Ø Number of Professional Participation Points earned.

♦Course Repetition

An attendee may not repeat the same course for Professional Participation Point credit within a two year period. An individual may repeat a course after two years have lapsed and receive the maximum point credit designated for such course each time.

♦Approval

The Professional Certification Program will review all courses submitted within 30 days and act as follows:

1. The Professional Certification Program will grant approval and assign Professional Participation Point credit.

2. The Professional Certification Program may deny approval and list the reasons for disapproval.

3. The Certification Program may extend the period allowed to review a course by giving written notice prior to the expiration of 30 days from the date of filing.

Courses must be completed during the two-year period following approval. The same course may, at the end of said two year period, be resubmitted for approval. Prior approval by the Certification Program does not require that the course, lecture or seminar be granted subsequent approval by the Program.

♦Approved Courses - Loss of Certification

The certification of a course as an approved course may be suspended or revoked by the Certification Program at any time if it is determined that:

Ø The program teaching method or program content has been changed without notice to the Certification Program and the Program’s re-approval;

Ø A certificate of completion is or has been issued to any individual who did not complete the approved course in accordance with the standards furnished for certification; or

Ø Certificates of completion are not given to all individuals who have satisfactorily completed the approved course in accordance with the standards furnished for certification.

Ø Records are not maintained of the certificates issued.

Ø Improprieties have occurred in connection with the classification, application for certification, maintenance of records, teaching method, program content, or issuance of certificates for a particular course or program.

Ø There has been a failure to give prior notification of course dates, course locations or authorized signatures to the Certification Program. Notification of dates and location must be provided at least two weeks prior to the date the course commences.

Where it is determined that improprieties have occurred in connection with a course which is no longer offered by a particular course sponsor, the Certification Program may suspend certification of existing approved courses offered by such sponsor or new courses sought to be approved by such sponsor for a period of time set at the sole and exclusive discretion of the Certification Program, consistent with the severity of the impropriety.

The reinstatement of a suspended or revoked approval may be made upon the course sponsor furnishing satisfactory proof that the conditions responsible for the suspension or revocation have been corrected.

If approval has been revoked or suspended, no attendee shall be allowed point credit for attendance even if such attendance occurred prior to suspension or revocation until reinstatement has been approved by the MLTI Professional Certification Program. However, no applicant for Master Level certification who has been declared eligible for the examination prior to the suspension or revocation of approval for point credit shall have his or her eligibility affected by the subsequent suspension or revocation of approval of any educational program. Nor shall the certified status of any applicant for continued certification at the Master Level who has had his or her certification continued prior to the suspension or revocation of approval for point credit be affected by the subsequent suspension or revocation of approval of any educational program.

The Missouri Land Title Institute

Professional Certification Program

ØPolicy and Procedure 10: Adoption of a Seal

The Executive Council may adopt a seal, which may be either an engraved or ink stamp seal with the words “Certification Program” and such other words, phrases, or devices as the Council may desire included, by which it may authenticate the acts of the Certification Program or use for such other purposes as the Council may deem, from time to time, appropriate. Copies of all records and papers in the office of the Certification Program, certified by the signature of the Chairman, attested by the Secretary, and with the seal of the Certification Program affixed, shall be received, in so far as the Certification Program is concerned, with like effect as the originals. The absence of the seal, if any be adopted, or of the attestation of the Secretary, or of both, from any document shall not prejudice the validity or enforceability of said document.
 

The Missouri Land Title Institute

Professional Certification Program

ØPolicy and Procedure 11: Disclaimer

♦ The grant of the certification designation does not constitute either the Missouri Land Title Association’s or the Missouri Land Title Institute Professional Certification Program’s warranty or guarantee of fitness or competency in the field of searching, examining or insuring Missouri real estate titles or providing settlement services in connection with the purchase, sale, financing or leasing of Missouri real estate. Certification is not a guarantee of continued employment or future employment.

♦ The Missouri Land Title Institute Professional Certification Program does not participate in the development of seminars, lectures, training programs or other education materials sponsored by other companies or trade associations and does not review the content thereof for accuracy even if the Certification Program has pre-approved the course, lecture or seminar for Professional Participation Point credit. The Certification Program does not endorse any such lecture, seminar, course or training program and makes no warranty, guarantee or representation, express or implied, as to the accuracy of the content of such outside programs.

♦ The Missouri Land Title Institute makes no warranty, guarantee or representation, express or implied that the completion of the Missouri Land Title Institute Title School or any other educational program sponsored by the Certification Program or approved for Professional Participation Point credit by the Certification Program will result in the successful completion of any required certification examination.

♦ The Missouri Land Title Institute does not claim to be a college or university, nor does it claim accreditation from any state or federal government agency or body. The Missouri Land Title Institute is an ancillary organization functioning under the auspices of the Missouri Land Title Association. The Missouri Land Title Institute Professional Certification Program grants certification and certificates based on standards and criteria developed specifically for the purpose of allowing individuals to voluntarily apply and qualify for such certification designations. No representation is included in the award of certified status that the criteria satisfied qualifies the recipient for any other award, license, educational requirement or other prerequisite for any other program. Certification earned through this Program is not officially recognized by any state, local or national board or agency regulating the land title or escrow/settlement industries in Missouri. The Certification Program is self-regulated, and its certified members are self-governing through voluntary compliance with the Program’s rules, policies, continued certification requirements and internal Standards of Professional Conduct.

♦ Applicants for certification are responsible for submitting correct information as to name, address, certification desired, education, experience, citizenship status and other pertinent information that will allow the Program to process applications for the proper certification examination. Any liability for false information submitted falls upon the applicant who has misled the Certification Program. Certified members have each submitted application information signed under penalty of perjury assuring the Program that all education, ethics, experience, references and other qualifying information is accurate. Documentary evidence of certain of the eligibility requirements is also submitted by each applicant, but there can be no reliance placed on the independent verification by the Certification Program of the authenticity of such documentary evidence or of the representations made in the application. Eligibility is determined purely on the applicant’s submissions to the Program assuring that the applicant has met all the standards that the Missouri Land Title Institute Professional Certification Program requires. If a member is in fact not qualified, other certified members, employers and the general public have a duty to notify the Certification Program as to the certified member’s qualification short-fall.

♦ The Missouri Land Title Institute Certification Program does not guarantee the character, skill, experience, education, ethics or references of a certified member.

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¨ Adapted from the Organisation for Economic Co-operation and Development (OECD) (www.oecd.org).