reglab/statecodes huggingface dataset:
2023 Iowa Code › Title XIII - COMMERCE › Chapter 542B - PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Section 542B.13 - Applications and examination fees.

542B.13 Applications and examination fees.
Applications for licensure shall be on forms prescribed and furnished by the board, shall contain statements made under oath, showing the applicant’s education and a detailed summary of the applicant’s technical work, and the board shall not require that a recent photograph of the applicant be attached to the application form. An applicant is not ineligible for licensure because of age, citizenship, sex, race, religion, marital status, or national origin, although the application form may require citizenship information. The board may consider the past felony record of an applicant. The board may require that an applicant submit references. Applications for examination in fundamentals in the practice of engineering and land surveying shall be accompanied by application fees determined by the board. The board shall determine the annual cost of administering the examinations and shall set the fees accordingly.
[C24, 27, 31, 35, 39, §1866; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §114.13]
84 Acts, ch 1104, §4
C93, §542B.13
95 Acts, ch 65, §4; 96 Acts, ch 1055, §7
2023 Iowa Code › Title XIII - COMMERCE › Chapter 542B - PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Section 542B.15 - Examinations — report required.

542B.15 Examinations — report required.
Examinations for licensure shall be given as often as deemed necessary by the board, but no less than one time per year. The scope of the examinations and the methods of procedure shall be prescribed by the board. Any examination may be given by representatives of the board. The identity of the person taking the examination shall be concealed until after the examination has been graded. As soon as practicable after the close of each examination, a report shall be filed in the office of the secretary of the board by the board. The report shall show the action of the board upon each application and the secretary of the board shall notify each applicant of the result of the applicant’s examination. Applicants who fail the examination once shall be allowed to take the examination at the next scheduled time. Thereafter, the applicant shall be allowed to take the examination at the discretion of the board. An applicant who has failed the examination may request in writing information from the board concerning the applicant’s examination grade and subject areas or questions which the applicant failed to answer correctly, except that if the board administers a uniform, standardized examination, the board shall only be required to provide the examination grade and such other information concerning the applicant’s examination results which are available to the board.
[C24, 27, 31, 35, 39, §1867; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §114.15]
C93, §542B.15
96 Acts, ch 1055, §6; 2013 Acts, ch 5, §22
2023 Iowa Code › Title XIII - COMMERCE › Chapter 542B - PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Section 542B.16 - Seal — certification of responsibility.

542B.16 Seal — certification of responsibility.
1. Each licensee, upon licensure, shall obtain a seal of a design approved by the board, bearing the licensee’s name, Iowa license number, and the words “professional engineer” or “professional land surveyor” or both, as the case may be. A legible rubber stamp or other facsimile of the seal may be used and shall have the same effect as the use of the actual seal.
2. All engineering documents and land surveying documents shall be dated and shall contain all of the following:
a. The signature of the licensee in responsible charge.
b. A certification that the work was done by the licensee or under the licensee’s direct personal supervision.
c. The Iowa legible seal of the licensee.
3. An agency, subdivision, or municipal corporation of this state, or an officer of the state, subdivision, or municipal corporation, shall not file for record or approve any engineering document or land surveying document which does not comply with this section.
4. A licensee shall not place the licensee’s signature or seal on any engineering document or land surveying document unless the licensee was in responsible charge of the work, except that the licensee may do so if the licensee contributed to the work and the licensee in responsible charge has signed and certified the work.
5. Violation of this section by a licensee shall be deemed fraud and deceit in the licensee’s practice.
[C24, 27, 31, 35, 39, §1868; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §114.16]
C93, §542B.16
96 Acts, ch 1055, §1; 2012 Acts, ch 1009, §16
2023 Iowa Code › Title XIII - COMMERCE › Chapter 542B - PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Section 542B.17 - Engineer’s certificate.

542B.17 Engineer’s certificate.
The board shall issue a certificate of licensure as a professional engineer to an applicant who has passed the examination as a professional engineer and who has paid an additional fee. The certificate shall be signed by the chairperson and secretary of the board under the seal of the board. The certificate shall authorize the applicant to engage in the practice of engineering. The certificate shall not carry with it the right to practice land surveying, unless specifically so stated on the certificate, which permission shall be granted by the board without additional fee in cases where the applicant duly qualifies as a professional land surveyor as prescribed by the rules of the board.
[C24, 27, 31, 35, 39, §1869; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §114.17]
C93, §542B.17
95 Acts, ch 65, §6; 96 Acts, ch 1055, §7; 2012 Acts, ch 1009, §17
Referred to in §459.102
2023 Iowa Code › Title XIII - COMMERCE › Chapter 542B - PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Section 542B.18 - Expirations and renewals.

542B.18 Expirations and renewals.
Certificates of licensure shall expire in intervals as determined by the board. Renewal may be effected by the payment of a fee the amount of which shall be determined by the board. The failure on the part of any licensee to renew a certificate in the month of expiration as required above shall not deprive a person of the right of renewal. A person who fails to renew a certificate by the expiration date shall be allowed to do so within thirty days following its expiration, but the board may assess a reasonable penalty. For the duration of any war in which the United States is engaged the board may, in its discretion, defer the collection of renewal fees without penalty, which have or may become due from licensed professional engineers who are employed in the war effort, and residing outside the state, or who are members of the armed forces of the United States, and may renew the engineering certificates of licensed professional engineers.
[C27, 31, 35, §1869-b1; C39, §1869.1; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §114.18]
C93, §542B.18
96 Acts, ch 1055, §5, 6, 8; 2012 Acts, ch 1009, §18
2023 Iowa Code › Title XIII - COMMERCE › Chapter 542B - PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Section 542B.19 - Land surveyor’s certificate.

542B.19 Land surveyor’s certificate.
To any applicant who shall have passed the examination as a professional land surveyor and who shall have paid an additional fee as set by the board, the board shall issue a certificate of licensure signed by its chairperson and secretary under the seal of the board, which certificate shall authorize the applicant to practice land surveying as defined in this chapter and to administer oaths to assistants and to witnesses produced for examination, with reference to facts connected with land surveys being made by such professional land surveyor.
[C24, 27, 31, 35, 39, §1870; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §114.19]
C93, §542B.19
96 Acts, ch 1055, §6; 2012 Acts, ch 1009, §19
Administration of oaths, chapter 63A
2023 Iowa Code › Title XIII - COMMERCE › Chapter 542B - PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Section 542B.20 - Foreign licensees.

542B.20 Foreign licensees.
1. A person holding a certificate of licensure as a professional engineer or professional land surveyor issued to the person by a proper authority of a state, territory, or possession of the United States, the District of Columbia, or of any foreign country, based on requirements and qualifications, in the opinion of the board equal to or higher than the requirements of this chapter, may be licensed without further examination.
2. A temporary permit to practice engineering may be granted to a person licensed in another state, as prescribed by rule, provided that before practicing within the state the person shall have applied for licensure or for a temporary permit to practice without applying for licensure and shall have paid the fee prescribed by the board.
3. The application for licensure shall be accompanied by a fee as determined by the board. After the board determines the applicant to be qualified under this section, a certificate of licensure shall be issued upon receipt of an additional fee as determined by the board. All fees collected shall be transmitted to the treasurer of state and deposited as provided by law.
[C24, 27, 31, 35, 39, §1871; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §114.20]
84 Acts, ch 1104, §6; 90 Acts, ch 1168, §17
C93, §542B.20
96 Acts, ch 1055, §5, 6, 9; 2012 Acts, ch 1009, §20; 2018 Acts, ch 1041, §127
2023 Iowa Code › Title XIII - COMMERCE › Chapter 542B - PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Section 542B.21 - Suspension, revocation, or reprimand.

542B.21 Suspension, revocation, or reprimand.
The board shall have the power by a five-sevenths vote of the entire board to suspend for a period not exceeding two years, or to revoke the certificate of licensure of, or to reprimand any licensee who is found guilty of the following acts or offenses:
1. Fraud in procuring a certificate of licensure.
2. Professional incompetency.
3. Knowingly making misleading, deceptive, untrue, or fraudulent representations in the practice of the licensee’s profession or engaging in unethical conduct or practice harmful to the public. Proof of actual injury need not be established.
4. Habitual intoxication or addiction to the use of drugs.
5. Conviction of a felony under the laws of the United States, of any state or possession of the United States, or of any other country. A copy of the record of conviction or plea of guilty is conclusive evidence.
6. Revocation or suspension of licensure to engage in the practice of engineering or land surveying, or other disciplinary action by the licensing authority of another state, territory, or country. A certified copy of the record or order of suspension, revocation, or other disciplinary action is prima facie evidence of such fact.
7. Fraud in representations as to skill or ability.
8. Use of untruthful or improbable statements in advertisements.
9. Willful or repeated violations of the provisions of this Act.*
[C24, 27, 31, 35, 39, §1872; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §114.21]
85 Acts, ch 195, §13
C93, §542B.21
95 Acts, ch 65, §7, 8; 96 Acts, ch 1055, §7, 10, 11
Referred to in §272C.3, 272C.4, 542B.22
*See
77 Acts, ch 95, §10
2023 Iowa Code › Title XIII - COMMERCE › Chapter 542B - PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Section 542B.22 - Procedure.

542B.22 Procedure.
Proceedings for any action under section 542B.21 shall be begun by filing with the board written charges against the accused. Upon the filing of charges the board may request the department of inspections and appeals to conduct an investigation into the charges. The department of inspections and appeals shall report its findings to the board, and the board shall designate a time and place for a hearing, and shall notify the accused of this action and furnish the accused a copy of all charges at least thirty days prior to the date of the hearing. The accused has the right to appear personally or by counsel, to cross-examine witnesses, and to produce witnesses in defense.
[C24, 27, 31, 35, 39, §1873; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §114.22]
88 Acts, ch 1158, §20
C93, §542B.22
2022 Acts, ch 1021, §158
Referred to in §272C.5, 542B.27
Section amended
2023 Iowa Code › Title XIII - COMMERCE › Chapter 542B - PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Section 542B.24 - Injunction.

542B.24 Injunction.
Any person who is not legally authorized to practice in this state according to the provisions of this chapter, and shall practice, or shall in connection with the person’s name use any designation tending to imply or designate the person as a professional engineer or professional land surveyor, may be restrained by permanent injunction.
[C24, 27, 31, 35, 39, §1875; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §114.24]
C93, §542B.24
2012 Acts, ch 1009, §21
2023 Iowa Code › Title XIII - COMMERCE › Chapter 542B - PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Section 542B.25 - Violations.

542B.25 Violations.
Any person who violates such permanent injunction or presents or attempts to file as the person’s own the certificate of licensure of another, or who shall give false or forged evidence of any kind to the board, or to any member thereof, in obtaining a certificate of licensure, or who shall falsely impersonate another practitioner of like or different name, or who shall use or attempt to use a revoked certificate of licensure, shall be deemed guilty of a fraudulent practice.
[C24, 27, 31, 35, §1875; C39, §1875.1; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §114.25]
C93, §542B.25
96 Acts, ch 1055, §6
Fraudulent practices, see §714.8 – 714.14
2023 Iowa Code › Title XIII - COMMERCE › Chapter 542B - PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Section 542B.26 - Applicability of chapter.

542B.26 Applicability of chapter.
1. a. This chapter shall not apply to any full-time employee of any corporation while doing work for that corporation, except in the case of corporations offering their services to the public as professional engineers or professional land surveyors.
b. Corporations engaged in designing buildings or works for public or private interests not their own shall be deemed to be engaged in the practice of engineering within the meaning of this chapter. With respect to such corporations all principal designing or constructing engineers shall hold certificates of licensure issued under this chapter. This chapter shall not apply to corporations engaged solely in constructing buildings and works.
2. This chapter shall not apply to any professional engineer or professional land surveyor working for the United States government, nor to any professional engineer or professional land surveyor employed as an assistant to a professional engineer or professional land surveyor licensed under this chapter if such assistant is not placed in responsible charge of any work involving the practice of engineering or land surveying work, nor to the operation or maintenance of power and mechanical plants or systems.
[C24, 27, 31, 35, 39, §1876; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §114.26]
C93, §542B.26
95 Acts, ch 65, §9; 96 Acts, ch 1055, §4, 7; 2012 Acts, ch 1009, §22
Referred to in §542B.1
2023 Iowa Code › Title XIII - COMMERCE › Chapter 542B - PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Section 542B.30 - Fees.

542B.30 Fees.
The board shall set the fees for application, licensure, and renewal of licensure based upon the administrative costs of sustaining the board. The fees shall include, but shall not be limited to, the costs for:
1. Per diem, expenses, and travel for board members.
2. Office facilities, supplies, and equipment.
3. Legal, technical, and clerical assistance.
[C75, 77, 79, 81, §114.30]
C93, §542B.30
96 Acts, ch 1055, §6
2023 Iowa Code › Title XIII - COMMERCE › Chapter 542B - PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Section 542B.31 - Public members.

542B.31 Public members.
The public members of the board shall be allowed to participate in administrative, clerical, or ministerial functions incident to giving the examination, but shall not determine the content of the examination or determine the correctness of the answers.
[C75, 77, 79, 81, §114.31]
C93, §542B.31
2023 Iowa Code › Title XIII - COMMERCE › Chapter 542B - PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Section 542B.32 - Disclosure of confidential information.

542B.32 Disclosure of confidential information.
1. The board shall not disclose information relating to the following:
a. The contents of the examination.
b. The examination results other than final score except for information about the results of an examination which is given to the person who took the examination.
2. A member of the board who willfully communicates or seeks to communicate such information, and any person who willfully requests, obtains, or seeks to obtain such information, is guilty of a simple misdemeanor.
[C75, 77, 79, 81, §114.32]
C93, §542B.32
2008 Acts, ch 1059, §3
2023 Iowa Code › Title XIII - COMMERCE › Chapter 542B - PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Section 542B.35 - Exception — real property inspection report.

542B.35 Exception — real property inspection report.
1. “Real property inspection report” means a report stating whether, after visual examination, a parcel of real property which is being collateralized is materially impaired.
2. A real property inspection report is not a property survey or an engineering document and is exempt from the provisions of this chapter and the rules adopted under this chapter which apply to property surveys. A real property inspection report shall not be filed or recorded with the county recorder. The real property inspection report shall include all of the following:
a. A clear and prominent statement of disclosure to the buyer that the real property inspection report is not a property survey or an engineering document and should not be relied upon as such, and that property boundaries shown may be approximate only.
b. A clear and prominent statement that the report is for the use of the mortgage lender or its assigns and determination of the actual placement of boundary lines should be addressed by a property survey in accordance with the provisions of this chapter.
3. A person who completes the real property inspection report shall not claim to be a licensed professional land surveyor or a licensed professional engineer for purposes of the report.
90 Acts, ch 1060, §1
C91, §114.35
C93, §542B.35
96 Acts, ch 1055, §5; 97 Acts, ch 23, §66; 2012 Acts, ch 1009, §24; 2013 Acts, ch 30, §135
2023 Iowa Code › Title XIII - COMMERCE › Chapter 543B - REAL ESTATE BROKERS AND SALESPERSONS › Section 543B.1 - License mandatory.

543B.1 License mandatory.
A person shall not, directly or indirectly, with the intention or upon the promise of receiving any valuable consideration, offer, attempt, agree to perform, or perform any single act as a real estate broker whether as a part of a transaction or as an entire transaction, or represent oneself as a real estate broker, broker associate, or salesperson, without first obtaining a license and otherwise complying with the requirements of this chapter.
[C31, 35, §1905-c23; C39, §1905.20; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §117.1; 81 Acts, ch 54, §1]
C93, §543B.1
95 Acts, ch 170, §1
Referred to in §543B.43, 543B.44, 543B.49
2023 Iowa Code › Title XIII - COMMERCE › Chapter 543B - REAL ESTATE BROKERS AND SALESPERSONS › Section 543B.2 - Individual licenses necessary.

543B.2 Individual licenses necessary.
A partnership, association, corporation, professional corporation, or professional limited liability company shall not be granted a license, unless every member or officer of the partnership, association, corporation, professional corporation, or professional limited liability company who actively participates in the brokerage business of the partnership, association, corporation, professional corporation, or professional limited liability company holds a license as a real estate broker or salesperson, and unless every employee who acts as a salesperson for the partnership, association, corporation, professional corporation, or professional limited liability company holds a license as a real estate broker or salesperson. At least one member or officer of each partnership, association, corporation, professional corporation, or professional limited liability company shall be a real estate broker.
[C31, 35, §1905-c24; C39, §1905.21; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §117.2; 81 Acts, ch 54, §2]
C93, §543B.2
2007 Acts, ch 13, §3
Referred to in §543B.43
2023 Iowa Code › Title XIII - COMMERCE › Chapter 543B - REAL ESTATE BROKERS AND SALESPERSONS › Section 543B.3 - Broker — definition.

543B.3 Broker — definition.
As used in this chapter, “real estate broker” means a person acting for another for a fee, commission, or other compensation or promise, whether it be for all or part of a person’s time, and who engages directly or indirectly in any of the following acts:
1. Sells, exchanges, purchases, rents, or leases real estate.
2. Lists, offers, attempts, or agrees to list real estate for sale, exchange, purchase, rent, or lease.
3. Advertises or holds oneself out as being engaged in the business of selling, exchanging, purchasing, renting, leasing, or managing real estate.
4. Negotiates, or offers, attempts, or agrees to negotiate, the sale, exchange, purchase, rental, or lease of real estate.
5. Buys, sells, offers to buy or sell, or otherwise deals in options on real estate or improvements on real estate.
6. Collects, or offers, attempts, or agrees to collect, rent for the use of real estate.
7. Assists or directs in the procuring of prospects, intended to result in the sale, exchange, purchase, rental, or leasing of real estate.
8. Assists or directs in the negotiation of any transaction intended to result in the sale, exchange, purchase, rental, or leasing of real estate.
9. Prepares offers to purchase or purchase agreements, listing contracts, agency disclosures, real property residential and agricultural rental agreements, real property commercial rental agreements of one year or less, and groundwater hazard statements, including any modifications, amendments, or addendums to these specific documents.
[C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §117.3]
C93, §543B.3
95 Acts, ch 170, §2; 2002 Acts, ch 1031, §1
Referred to in §543B.5, 543B.6, 543B.7, 543B.43
2023 Iowa Code › Title XIII - COMMERCE › Chapter 543B - REAL ESTATE BROKERS AND SALESPERSONS › Section 543B.4 - Real estate — definition.

543B.4 Real estate — definition.
As used in this chapter, “real estate” means real property wherever situated, and includes any and all leaseholds or any other interest or estate in land, and business opportunities which involve any interest in real property.
[C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §117.4]
C93, §543B.4
95 Acts, ch 170, §3
Referred to in §543B.43
2023 Iowa Code › Title XIII - COMMERCE › Chapter 543B - REAL ESTATE BROKERS AND SALESPERSONS › Section 543B.6 - Acts constituting dealing in real estate.

543B.6 Acts constituting dealing in real estate.
A person who, for another, in consideration of compensation, by fee, commission, salary, or otherwise, or with the intention or in the expectation or upon the promise of receiving or collecting a fee, does, offers or attempts or agrees to do, engages in or offers or attempts or agrees to engage in, either directly or indirectly, any single act or transaction contained in the definition of a real estate broker as set out in section 543B.3, whether the act be an incidental part of a transaction or the entire transaction is a real estate broker or real estate salesperson within the meaning of this chapter.
[C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §117.6; 81 Acts, ch 54, §4]
C93, §543B.6
Referred to in §543B.5, 543B.7, 543B.43, 543B.46
2023 Iowa Code › Title XIII - COMMERCE › Chapter 543B - REAL ESTATE BROKERS AND SALESPERSONS › Section 543B.8 - Real estate commission created — staff.

543B.8 Real estate commission created — staff.
1. A real estate commission is created within the professional licensing and regulation bureau of the banking division of the department of commerce. The commission consists of five members licensed under this chapter and two members not licensed under this chapter and who shall represent the general public. Commission members shall be appointed by the governor subject to confirmation by the senate.
2. No more than one member shall be appointed from a county. A commission member shall not hold any other elective or appointive state or federal office. At least one of the licensed members shall be a licensed real estate salesperson, except that if the licensed real estate salesperson becomes a licensed real estate broker during a term of office, that person may complete the term, but is not eligible for reappointment on the commission as a licensed real estate salesperson. A licensed member shall be actively engaged in the real estate business and shall have been so engaged for five years preceding the appointment, the last two of which shall have been in Iowa. Professional associations or societies of real estate brokers or real estate salespersons may recommend the names of potential commission members to the governor. However, the governor is not bound by their recommendations. A commission member shall not be required to be a member of any professional association or society composed of real estate brokers or salespersons.
3. Appointments shall be for three-year terms and shall commence and end as provided in section 69.19. A member shall serve no more than three terms or nine years, whichever is less. Vacancies shall be filled for the unexpired term by appointment of the governor and are subject to senate confirmation.
4. A majority of the commission members constitutes a quorum.
5. The administrator of the professional licensing and regulation bureau of the banking division shall hire and provide staff to assist the commission with implementing this chapter. The administrator of the professional licensing and regulation bureau of the banking division of the department of commerce shall hire a real estate education director to assist the commission in administering education programs for the commission.
[C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §117.8; 81 Acts, ch 54, §5]
86 Acts, ch 1245, §722; 88 Acts, ch 1274, §36; 89 Acts, ch 292, §1
C93, §543B.8
2005 Acts, ch 41, §1; 2006 Acts, ch 1177, §38; 2018 Acts, ch 1041, §106
Referred to in §543B.43, 543B.49, 558A.1
Confirmation, see §2.32
2023 Iowa Code › Title XIII - COMMERCE › Chapter 543B - REAL ESTATE BROKERS AND SALESPERSONS › Section 543B.9 - Rules.

543B.9 Rules.
The real estate commission may adopt rules to carry out and administer the provisions of this chapter. The commission may carry on a program of education of real estate practices and matters relating to real estate. The commission shall adopt rules necessary to carry out the provisions of chapter 558A relating to the disclosure of information before the transfer of real estate.
[C31, 35, §1905-c33; C39, §1905.30; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §117.9]
C93, §543B.9
93 Acts, ch 30, §1
Referred to in §543B.43, 558A.4
2023 Iowa Code › Title XIII - COMMERCE › Chapter 543B - REAL ESTATE BROKERS AND SALESPERSONS › Section 543B.12 - Expenses of members — compensation.

543B.12 Expenses of members — compensation.
Members of the real estate commission are entitled to be reimbursed for their actual expenses in the performance of duties pertaining to their office within the limits of the funds appropriated to the commission. Each member of the commission may also be eligible to receive compensation as provided in section 7E.6.
[C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §117.12]
86 Acts, ch 1245, §723
C93, §543B.12
Referred to in §543B.43
2023 Iowa Code › Title XIII - COMMERCE › Chapter 543B - REAL ESTATE BROKERS AND SALESPERSONS › Section 543B.13 - Seal — records.

543B.13 Seal — records.
The real estate commission shall adopt a seal with such design as the commission may prescribe engraved thereon, by which it shall authenticate its proceedings. Copies of all records and papers in the office of the commission, duly certified and authenticated by the seal of said commission, shall be received in evidence in all courts equally and with like effect as the original. All records kept in the office of the commission under authority of this chapter shall be open to public inspection under such reasonable rules and regulations as shall be prescribed by the commission.
[C31, 35, §1905-c28; C39, §1905.25; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §117.13]
C93, §543B.13
Referred to in §543B.43
2023 Iowa Code › Title XIII - COMMERCE › Chapter 543B - REAL ESTATE BROKERS AND SALESPERSONS › Section 543B.14 - Fees and expenses.

543B.14 Fees and expenses.
All fees and charges collected by the real estate commission under this chapter shall be paid into the general fund of the state, except that twenty-five dollars from each real estate salesperson’s license fee and each broker’s license fee is appropriated to the professional licensing and regulation bureau of the banking division of the department of commerce for the purpose of hiring and compensating a real estate education director and regulatory compliance personnel. All expenses incurred by the commission under this chapter, including compensation of staff assigned to the commission, shall be paid from funds appropriated for those purposes.
[C31, 35, §1905-c29; C39, §1905.26; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §117.14]
86 Acts, ch 1245, §724; 89 Acts, ch 292, §2; 90 Acts, ch 1168, §19; 90 Acts, ch 1261, §38; 92 Acts, ch 1070, §1
C93, §543B.14
94 Acts, ch 1107, §89; 2004 Acts, ch 1175, §29; 2013 Acts, ch 93, §1
Referred to in §543B.43, 546.10
2023 Iowa Code › Title XIII - COMMERCE › Chapter 543B - REAL ESTATE BROKERS AND SALESPERSONS › Section 543B.16 - Application forms.

543B.16 Application forms.
1. Every applicant for a license shall apply in writing upon blanks prepared or furnished by the real estate commission. The real estate commission shall not require that a recent photograph of the applicant be attached to the application. The real estate commission shall only require an applicant to disclose on the application criminal convictions for crimes classified as indictable offenses.
2. Every applicant for a license shall furnish information setting forth the applicant’s present mailing address and electronic mail address.
3. Every applicant for a salesperson’s license shall furnish a written statement by the designated broker whose service the applicant is about to enter recommending that the license be granted to the applicant.
[C31, 35, §1905-c31; C39, §1905.28; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §117.16; 81 Acts, ch 54, §8]
C93, §543B.16
2015 Acts, ch 29, §114; 2017 Acts, ch 71, §2; 2018 Acts, ch 1026, §158
Referred to in §543B.43
2023 Iowa Code › Title XIII - COMMERCE › Chapter 543B - REAL ESTATE BROKERS AND SALESPERSONS › Section 543B.18 - Enforcement of rules.

543B.18 Enforcement of rules.
The real estate commission is expressly vested with the power and authority to make and enforce any and all such reasonable rules connected with the application for any license as shall be deemed necessary to administer and enforce the provisions of this chapter.
[C31, 35, §1905-c33; C39, §1905.30; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §117.18]
C93, §543B.18
Referred to in §543B.43
2023 Iowa Code › Title XIII - COMMERCE › Chapter 543B - REAL ESTATE BROKERS AND SALESPERSONS › Section 543B.19 - License denied — hearing.

543B.19 License denied — hearing.
If the real estate commission, after an application in proper form has been filed with it, accompanied by the proper fee, shall deny a license to the applicant, upon the applicant’s application in writing, and within a period of thirty days of such denial, the applicant shall be entitled to a hearing as provided in section 543B.35.
[C31, 35, §1905-c34; C39, §1905.31; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §117.19]
C93, §543B.19
Referred to in §543B.15, 543B.35, 543B.43
2023 Iowa Code › Title XIII - COMMERCE › Chapter 543B - REAL ESTATE BROKERS AND SALESPERSONS › Section 543B.20 - Examination.

543B.20 Examination.
Examinations for a license shall be given as often as deemed necessary by the real estate commission, but no less than one time per year. Each applicant for a license must pass an examination authorized by the commission and administered by the commission or persons designated by the commission. The examination shall be of scope and wording sufficient in the judgment of the commission to establish the competency of the applicant to act as a real estate broker or salesperson in a manner to protect the interests of the public. An examination for a real estate broker shall be of a more exacting nature than that for a real estate salesperson and require higher standards of knowledge of real estate. The identity of the persons taking the examinations shall be concealed until after the examination has been graded. A person who fails to pass either examination once may immediately apply to take the next available examination. Thereafter, the applicant may take the examination at the discretion of the commission. An applicant who has failed either examination may request in writing information from the commission concerning the applicant’s examination grade and subject areas or questions which the applicant failed to answer correctly, except that if the commission administers a uniform, standardized examination, the commission is only required to provide the examination grade and other information concerning the applicant’s examination results which is available to the commission.
[C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §117.20; 81 Acts, ch 54, §9]
C93, §543B.20
2013 Acts, ch 5, §23; 2014 Acts, ch 1092, §120
Referred to in §538A.2, 543B.15, 543B.43
2023 Iowa Code › Title XIII - COMMERCE › Chapter 543B - REAL ESTATE BROKERS AND SALESPERSONS › Section 543B.21 - Nonresident license.

543B.21 Nonresident license.
A nonresident of this state may be licensed as a real estate broker or a real estate salesperson, upon complying with all requirements of law and with all the provisions and conditions of this chapter relative to resident brokers or salespersons and the filing by the applicant with the real estate commission of a certification from the state of original licensure signed by the duly qualified and authorized official or officials of that state that the applicant is there currently licensed, that no charges against the applicant are there pending, and that applicant’s record in that state justifies the issuance of a license to the applicant in Iowa. The commission may waive the requirement of an examination in the case of a nonresident broker who is licensed under the laws of a state having similar requirements and where similar recognition and courtesies are extended to licensed real estate brokers and salespersons of this state.
[C31, 35, §1905-c57; C39, §1905.54; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §117.21; 81 Acts, ch 54, §10]
C93, §543B.21
Referred to in §543B.43
2023 Iowa Code › Title XIII - COMMERCE › Chapter 543B - REAL ESTATE BROKERS AND SALESPERSONS › Section 543B.22 - Nonresident’s place of business.

543B.22 Nonresident’s place of business.
A nonresident to whom a license is issued upon compliance with all the other requirements of law and provisions of this chapter, is not required to maintain a definite place of business within this state. Provided that the nonresident, if a broker, shall maintain an active place of business within the state of the nonresident’s domicile, and that the privilege of submitting a certification of licensure certified to by the qualified and authorized official or officials of the state of original licensure, in lieu of the recommendations and statements otherwise required, only applies to licensed real estate brokers and real estate salespersons of those states under the laws of which similar recognition and courtesies are extended to licensed real estate brokers and real estate salespersons of this state.
[C31, 35, §1905-c57; C39, §1905.54; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §117.22; 81 Acts, ch 54, §11]
C93, §543B.22
Referred to in §543B.31, 543B.43
2023 Iowa Code › Title XIII - COMMERCE › Chapter 543B - REAL ESTATE BROKERS AND SALESPERSONS › Section 543B.23 - Actions against nonresidents.

543B.23 Actions against nonresidents.
Every nonresident applicant, before the issuance of a license, shall file an irrevocable consent that suits and actions may be commenced against such applicant in the proper court of any county of this state in which a cause of action may arise, by the service of any process or pleadings authorized by the laws of this state on the chairperson of the real estate commission, said consent stipulating and agreeing that such service of such process or pleadings on the commission shall be taken and held in all courts to be as valid and binding as if due service had been made upon said applicant within the state of Iowa. Said instrument containing such consent shall be authenticated by the seal thereof, if a corporation, or by the acknowledged signature of a member or officer thereof, if otherwise. All such applications, except from individuals, shall be accompanied by a duly certified copy of the resolutions of the proper officers, or managing board, authorizing the proper officer to execute the same. In case any process or pleadings mentioned in the case are served upon the commission it shall be by duplicate copies, one of which shall be filed in the office of the commission, and the other immediately forwarded by certified mail to the main office of the applicant against whom or which said process or pleadings are directed.
[C31, 35, §1905-c57; C39, §1905.54; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §117.23]
C93, §543B.23
Referred to in §543B.43
2023 Iowa Code › Title XIII - COMMERCE › Chapter 543B - REAL ESTATE BROKERS AND SALESPERSONS › Section 543B.24 - Custody of salesperson’s license.

543B.24 Custody of salesperson’s license.
The license of a real estate salesperson shall be delivered or mailed to the real estate broker by whom the real estate salesperson is employed and shall be kept in the custody and control of the broker.
[C31, 35, §1905-c36; C39, §1905.33; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §117.24; 81 Acts, ch 54, §12]
C93, §543B.24
Referred to in §543B.43
2023 Iowa Code › Title XIII - COMMERCE › Chapter 543B - REAL ESTATE BROKERS AND SALESPERSONS › Section 543B.25 - Display of brokerage.

543B.25 Display of brokerage.
An individual licensee or real estate team shall conspicuously display the name of the brokerage immediately preceding or immediately following the individual licensee’s name or real estate team name in any advertising or information made available to the public.
2022 Acts, ch 1040, §2, 3
Section applies to displays of advertising or information by an individual licensee or a real estate team on or after December 31, 2022; 2022 Acts, ch 1040, §3
NEW section
2023 Iowa Code › Title XIII - COMMERCE › Chapter 543B - REAL ESTATE BROKERS AND SALESPERSONS › Section 543B.27 - Fees.

543B.27 Fees.
1. The real estate commission shall set fees for examination and licensing of real estate brokers and real estate salespersons. The commission shall determine the annual cost of administering the examination and shall set the examination fee accordingly. The commission shall set the fees for the real estate broker’s licenses and for real estate salesperson’s licenses based upon the administrative costs of sustaining the commission. The fees shall include, but shall not be limited to, the costs for:
a. Per diem, expenses, and travel for commission members.
b. Office facilities, supplies, and equipment.
c. Staff assistance.
d. Establishing and maintaining a real estate education program.
2. Notwithstanding subsection 1, a nonresident person seeking to procure a license pursuant to this chapter shall be charged a fee equal to the greater of the following:
a. The fee as determined pursuant to subsection 1.
b. A fee equal to the fee the nonresident person would be charged by such person’s state of residence if that person were a resident of this state making application for a license in that state and that state charges a nonresident a fee which is greater than that charged by that state to a resident of that state.
[C31, 35, §1905-c40; C39, §1905.37; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §117.27; 81 Acts, ch 54, §14]
89 Acts, ch 292, §3; 90 Acts, ch 1168, §20
C93, §543B.27
95 Acts, ch 36, §1
Referred to in §543B.43
2023 Iowa Code › Title XIII - COMMERCE › Chapter 543B - REAL ESTATE BROKERS AND SALESPERSONS › Section 543B.28 - Expiration of license.

543B.28 Expiration of license.
Every license shall expire in multiyear intervals as determined by the real estate commission. A person who fails to renew a real estate broker’s or real estate salesperson’s license by the expiration date shall be allowed to do so within thirty days following its expiration, but the commission may assess a reasonable penalty. The commission upon the written request of the applicant on forms prescribed by the commission, and payment of the fee, shall issue a new license for each ensuing license period except as provided in section 543B.15, in the absence of any reason or condition which might warrant the revocation of a license after a hearing as provided in sections 543B.34 and 543B.35.
[C31, 35, §1905-c42; C39, §1905.39; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §117.28; 81 Acts, ch 54, §15]
C93, §543B.28
Referred to in §543B.43, 543B.47, 543B.53
2023 Iowa Code › Title XIII - COMMERCE › Chapter 543B - REAL ESTATE BROKERS AND SALESPERSONS › Section 543B.30 - Actions — license as prerequisite.

543B.30 Actions — license as prerequisite.
A person engaged in the business or acting in the capacity of a real estate broker or a real estate salesperson within this state shall not bring or maintain any action in the courts of this state for the collection of compensation for services performed as a real estate broker or salesperson without alleging and proving that the person was a duly licensed real estate broker or real estate salesperson at the time the alleged cause of action arose.
[C31, 35, §1905-c44; C39, §1905.41; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §117.30; 81 Acts, ch 54, §18]
C93, §543B.30
Referred to in §543B.43
2023 Iowa Code › Title XIII - COMMERCE › Chapter 543B - REAL ESTATE BROKERS AND SALESPERSONS › Section 543B.31 - Place of business — branch license.

543B.31 Place of business — branch license.
Every real estate broker, except as provided in section 543B.22, shall maintain a place of business in this state. A real estate broker may maintain more than one place of business within the state and a broker may be the designated broker of more than one branch office within the state. If the real estate broker maintains more than one place of business within the state, a duplicate license shall be issued to such broker for each branch office maintained. A fee determined by the real estate commission shall be paid for each duplicate license.
[C31, 35, §1905-c45; C39, §1905.42; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §117.31]
C93, §543B.31
2007 Acts, ch 13, §5; 2008 Acts, ch 1032, §106; 2017 Acts, ch 71, §4
Referred to in §543B.43
2023 Iowa Code › Title XIII - COMMERCE › Chapter 543B - REAL ESTATE BROKERS AND SALESPERSONS › Section 543B.32 - Change of location.

543B.32 Change of location.
Notice in writing, electronic or otherwise, shall be given to the real estate commission by each licensee of any change of principal business location, whereupon the commission shall issue a new license for the unexpired period upon the payment of a fee established by rule to cover the cost of issuing the license.
[C31, 35, §1905-c46; C39, §1905.43; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §117.32; 81 Acts, ch 54, §19]
C93, §543B.32
2017 Acts, ch 71, §5
Referred to in §543B.43
2023 Iowa Code › Title XIII - COMMERCE › Chapter 543B - REAL ESTATE BROKERS AND SALESPERSONS › Section 543B.33 - Salespersons — change of employment or association.

543B.33 Salespersons — change of employment or association.
When any real estate salesperson is discharged or terminates employment or association with the real estate broker by whom the salesperson is employed, the real estate broker shall immediately deliver, mail, or electronically submit to the real estate commission a copy of the real estate salesperson’s license on the reverse side of which the designated broker shall set out the date of termination. The designated broker at the time of submitting a copy of the real estate salesperson’s license to the commission shall address a communication to the last known residence address of the real estate salesperson stating that a copy of the license has been delivered, mailed, or electronically submitted to the commission. A copy of the communication to the real estate salesperson shall accompany the copy of the license when submitted to the commission. It is unlawful for any real estate salesperson to perform any of the acts contemplated by this chapter either directly or indirectly under authority of a license from and after the date of receipt of a copy of the license by the commission. The commission shall, upon presentation of evidence by the salesperson that the salesperson has been employed by or is associated with another broker, issue another license for the balance of the current license period showing each change of employment or association. A fee as determined by the commission shall be charged for the issuance of the license. Not more than one license shall be issued to any real estate salesperson for the same period of time.
[C31, 35, §1905-c47; C39, §1905.44; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §117.33; 81 Acts, ch 54, §20]
C93, §543B.33
2011 Acts, ch 73, §2; 2017 Acts, ch 71, §6
Referred to in §543B.43
2023 Iowa Code › Title XIII - COMMERCE › Chapter 543B - REAL ESTATE BROKERS AND SALESPERSONS › Section 543B.35 - Hearing on charges.

543B.35 Hearing on charges.
The real estate commission shall, upon request of the applicant as provided in section 543B.19, or before revoking any license, set the matter down for a hearing and at least twenty days prior to the date set for the hearing it shall notify the applicant or licensee in writing, which said notice shall contain an exact statement of the charges made and the date and place of the hearing. The applicant or licensee at all such hearings shall have the opportunity to be heard in person and by counsel in reference thereto. Such written notice of hearing may be served by delivery personally to the applicant or licensee or by mailing the same by certified mail to the last known business address of such applicant or licensee. If such applicant or licensee be a salesperson, the commission shall also notify the broker employing the salesperson or into whose employ the salesperson is about to enter by mailing such notice by certified mail to the broker’s last known business address. The hearing on such charges shall be at such time and place as the commission shall prescribe.
[C31, 35, §1905-c49; C39, §1905.46; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §117.35]
C93, §543B.35
Referred to in §272C.5, 543B.19, 543B.28, 543B.29, 543B.43
2023 Iowa Code › Title XIII - COMMERCE › Chapter 543B - REAL ESTATE BROKERS AND SALESPERSONS › Section 543B.36 - Attendance of witnesses.

543B.36 Attendance of witnesses.
In the preparation and conducting of such hearings, the real estate commission shall have power to execute and sign subpoenas to require the attendance and testimony of any witnesses and the producing of any papers or books. The commission may administer oaths, examine witnesses, and take any evidence the commission deems pertinent to the determination of the charges. Any such hearing may be held before two or more members of the commission as may be directed by the commission.
[C31, 35, §1905-c50; C39, §1905.47; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §117.36]
C93, §543B.36
Referred to in §272C.5, 543B.43