Iowa Administrative Code › Agency 193F - Real Estate Appraiser Examining Board › Chapter 1 - Organization and Administration › Rule 193F-1.2 - Administrative Authority

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The director is vested with authority to
			 review, approve, modify, or reject all board action pursuant to Iowa Code
			 chapter 543D. The director may exercise all authority conferred upon the board
			 and has to have access to all records and information to which the board has
			 access. In supervising the board, the director will independently evaluate the
			 substantive merits of recommended or proposed board actions which may be
			 anticompetitive.
(2) In performing
			 its duties and in exercising its authority under Iowa Code chapter 543D, the
			 board may take action without preclearance by the director if the action is
			 ministerial or nondiscretionary. As used in this chapter, the words
			 "ministerial or nondiscretionary" include any action expressly mandated by
			 state or federal law, rule, or regulation; by the AQB; or by the appraisal
			 subcommittee. The board may, for example, grant or deny an application for
			 initial or reciprocal certification as a real estate appraiser, an application
			 for registration as an associate real estate appraiser, or an application for a
			 temporary practice permit by an out-of-state appraiser, on any ground expressly
			 mandated by state or federal law, rule, or regulation; by the AQB; or by the
			 appraisal subcommittee.
(3) Prior
			 to taking discretionary action under Iowa Code chapter 543D, the board will
			 secure approval of the director if the proposed action is or may be
			 anticompetitive. As used in this chapter, the word "discretionary" includes any
			 action that is authorized but not expressly imposed by state or federal law,
			 rule, or regulation; by the AQB; or by the appraisal subcommittee. Examples of
			 discretionary action include orders in response to petitions for rulemaking,
			 declaratory orders, or waivers from rules, rulemaking, disciplinary proceedings
			 against licensees, administrative proceedings against unlicensed persons, or
			 any action commenced in the district court.
(4) Determining whether any particular action
			 is or may be anticompetitive is necessarily a fact-based inquiry dependent on a
			 number of factors, including potential impact on the market or restraint of
			 trade. With respect to disciplinary actions, for instance, a proceeding against
			 a single licensee for violating appraisal standards would not have an impact on
			 the broader market and would accordingly not be an anticompetitive action.
			 Commencement of disciplinary proceedings which affect all or a substantial
			 subset of appraisers may have a significant market impact. When in doubt as to
			 whether a proposed discretionary action is or may be anticompetitive, the board
			 may submit the proposed action to the director for preclearance.
(5) A person aggrieved by any final action of
			 the board taken under Iowa Code chapter 543D may appeal that action to the
			 director within 20 days of the date the board issues the action.
a. The appeal process applies whether the
			 board action at issue was ministerial or nondiscretionary, or discretionary,
			 and whether the proposed action was or was not submitted through a preclearance
			 process before the director.
b. No
			 person aggrieved by a final action of the board may seek judicial review of
			 that action without first appealing the action to the director.
c. Records, filings, and requests for public
			 information. Final board action, regardless of whether such board action is
			 ministerial, nondiscretionary, or discretionary, will be immediately effective
			 when issued by the board but is subject to review or appeal to the director. If
			 a timely review is initiated or a timely appeal is taken, the effectiveness of
			 such final board action will be delayed during the pendency of such review or
			 appeal.