reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 193F - Real Estate Appraiser Examining Board › Chapter 7 - Investigations and Disciplinary Procedures › Rule 193F-7.3 - Conflict of Interest

Current through Register Vol. 47, No. 3, July 24, 2024
If the subject of a complaint is a member of the board, or if a
				member of the board has a conflict of interest in any disciplinary matter
				before the board, that member will abstain from participation in any
				consideration of the complaint and from participation in any disciplinary
				hearing that may result from the complaint.
Iowa Administrative Code › Agency 193F - Real Estate Appraiser Examining Board › Chapter 7 - Investigations and Disciplinary Procedures › Rule 193F-7.4 - Complaints

Current through Register Vol. 47, No. 3, July 24, 2024
Written complaints need to be submitted to the board through
				the board's online system. The board may also initiate its own
				complaints.
(1)
Role of
			 complainant.
The role of the complainant in the disciplinary process
			 is limited to providing the board with factual information relative to the
			 complaint. A complainant is not party to any disciplinary proceeding which may
			 be initiated by the board based in whole or in part on information provided by
			 the complainant.
(2)
Role
			 of the board.
The board does not act as an arbiter of disputes between
			 private parties, nor does the board initiate disciplinary proceedings to
			 advance the private interest of any person or party. The role of the board in
			 the disciplinary process is to protect the public by investigating complaints
			 and initiating disciplinary proceedings in appropriate cases. The board
			 possesses sole decision-making authority throughout the disciplinary process,
			 including the authority to determine whether a case will be investigated, the
			 manner of the investigation, whether a disciplinary proceeding will be
			 initiated, and the appropriate licensee discipline to be imposed, if
			 any.
(3)
Initial complaint
			 screening.
Tips that are not complaints will be evaluated by the
			 disciplinary committee but may not be assigned a case number or further
			 investigated. Complaints that have been submitted and assigned a case number
			 will be referred to the discipline committee. Final decisions on complaints
			 will be made by the board.
Iowa Administrative Code › Agency 193F - Real Estate Appraiser Examining Board › Chapter 7 - Investigations and Disciplinary Procedures › Rule 193F-7.5 - Case Numbers

Current through Register Vol. 47, No. 3, July 24, 2024
Whether based on written complaint received by the board or
				complaint initiated by the board, all complaint files will be tracked by a case
				numbering system. Once a case file number is assigned to a complaint, all
				persons communicating with the board regarding that complaint are encouraged to
				include the case file number to facilitate accurate records and prompt
				response.
Iowa Administrative Code › Agency 193F - Real Estate Appraiser Examining Board › Chapter 7 - Investigations and Disciplinary Procedures › Rule 193F-7.6 - Investigation Procedures

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Disciplinary committee.
The board chairperson will annually appoint two to three members of the board
			 to serve on the board's disciplinary committee. The disciplinary committee is a
			 purely advisory body that reviews complaint files referred by the board's
			 executive officer, generally supervises the investigation of complaints, and
			 makes recommendations to the full board on the disposition of complaints.
			 Members of the committee will not personally investigate complaints, but they
			 may review the investigative work product of others in formulating
			 recommendations to the board.
(2)
Screening of complaints.
All complaints presented to the board
			 will be screened, evaluated and, where appropriate, investigated.
Iowa Administrative Code › Agency 193F - Real Estate Appraiser Examining Board › Chapter 7 - Investigations and Disciplinary Procedures › Rule 193F-7.7 - Informal Discussion

Current through Register Vol. 47, No. 3, July 24, 2024
If the disciplinary committee considers it advisable, or if
				requested by the affected licensee, the committee may grant the licensee any
				opportunity to appear before the committee for a voluntary informal discussion
				of the facts and circumstances of an alleged violation, subject to the
				provisions of this rule.
(1) Because
			 disciplinary investigations are confidential, only the licensee's legal
			 representative may attend the information discussion with the board.
(2) Unless disqualification is waived by the
			 licensee, board members or staff who personally investigate a disciplinary
			 complaint are disqualified from making decisions or assisting the decision
			 makers at a later formal hearing. Because board members generally rely upon
			 investigators, peer review committees, or expert consultants to conduct
			 investigations, the issue rarely arises. An informal discussion, however, is a
			 form of investigation because it is conducted in a question and answer format.
			 In order to preserve the ability of all board members to participate in board
			 decision making and to receive the advice of staff, licensees who desire to
			 attend an informal discussion waive their right to seek disqualification of a
			 board member or staff based solely on the board member's or staff's
			 participation in an informal discussion. Licensees would not be waiving their
			 right to seek disqualification on any other ground. By electing to attend an
			 informal discussion, a licensee accordingly agrees that participating board
			 members or staff are not disqualified from acting as a presiding officer in a
			 later contested case proceeding or from advising the decision maker.
(3) Because an informal discussion
			 constitutes a part of the board's investigation of a pending disciplinary case,
			 the facts discussed at the informal discussion may be considered by the board
			 in the event the matter proceeds to a contested case hearing and those facts
			 are independently introduced into evidence.
(4) The disciplinary committee, subject to
			 board approval, may propose a consent order at the time of the informal
			 discussion.
Iowa Administrative Code › Agency 193F - Real Estate Appraiser Examining Board › Chapter 7 - Investigations and Disciplinary Procedures › Rule 193F-7.9 - Closing Complaint Files

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Grounds for closing.
The board may close a complaint file,
			 with or without prior investigation.
(2)
Cautionary letters.
The
			 board may issue a confidential letter of caution to a licensee when a complaint
			 file is closed that informally cautions or educates the licensee about matters
			 that could form the basis for disciplinary action in the future if corrective
			 action is not taken by the licensee. Informal cautionary letters do not
			 constitute disciplinary action, but the board may take such letters into
			 consideration in the future if a licensee continues a practice about which the
			 licensee has been cautioned.
(3)
Reopening closed complaint files.
The board may reopen a
			 closed complaint file if additional information arises after closure that
			 provides a basis to reassess the merits of the initial complaint. Complaint
			 files may also be reopened when a complaint has been previously closed due to
			 the lapse of the licensee's license.
Iowa Administrative Code › Agency 193F - Real Estate Appraiser Examining Board › Chapter 7 - Investigations and Disciplinary Procedures › Rule 193F-7.10 - Initiation of Disciplinary Proceedings

Current through Register Vol. 47, No. 3, July 24, 2024
Disciplinary proceedings may only be initiated by the
				affirmative vote of a majority of a quorum of the board at a public meeting.
				Board members who are disqualified will not be included in determining whether
				a quorum exists. If, for example, two members of the board are disqualified,
				three members of the board constitute a quorum of the remaining five board
				members for purposes of voting on the case in which the two members are
				disqualified. When three or more members of the board are disqualified or
				otherwise unavailable for any reason, the executive officer may request the
				special appointment of one or more substitute board members pursuant to Iowa
				Code section 17A.11(5).
Iowa Administrative Code › Agency 193F - Real Estate Appraiser Examining Board › Chapter 7 - Investigations and Disciplinary Procedures › Rule 193F-7.11 - Decisions

Current through Register Vol. 47, No. 3, July 24, 2024
The board will make findings of fact and conclusions of law,
				and set forth the board's decision, order, or both in the case. The board's
				decision may include, without limitation, any of the following outcomes, either
				individually or in combination:
1.
			 Dismissing the charges;
2.
			 Suspending or revoking the appraiser's certification or associate's
			 registration as authorized by law;
3. Imposing civil penalties, the amount to be
			 set at the discretion of the board but not exceeding $1,000 per violation.
			 Civil penalties may be imposed for any of the disciplinary violations specified
			 in Iowa Code section 543D.17 and chapter 272C or for
			 any repeat offenses;
4. Imposing a
			 period of probation, either with or without conditions;
5. Obligating the licensee to undergo
			 reexamination;
6. Obligating the
			 licensee to take additional professional education, reeducation, or continuing
			 education;
7. Issuing a citation
			 and a warning;
8. Imposing desk
			 review of the appraiser's work product;
9. Issuing a consent order either with or
			 without conditions;
10. Imposing
			 consultation with one or more peer reviewers;
11. Revoking an appraiser's eligibility to
			 supervise;
12. Compelling
			 submission of monthly logs;
13.
			 Placing limitations on a licensee's practice, such as removing a licensee's
			 authority to act as an instructor; and
14. Imposing any other form of discipline
			 authorized by a provision of law that the board, in its discretion, believes is
			 warranted under the circumstances of the case.
Iowa Administrative Code › Agency 193F - Real Estate Appraiser Examining Board › Chapter 7 - Investigations and Disciplinary Procedures › Rule 193F-7.12 - Mitigating and Aggravating Factors

Current through Register Vol. 47, No. 3, July 24, 2024
Factors the board may consider when determining whether to
				impose discipline and what type of discipline to impose include but are not
				limited to:
(1) History and background
			 of respondent.
a. Whether the respondent was a
			 registered associate appraiser or a certified appraiser at the time of the
			 violation.
b. Prior disciplinary
			 history or cautionary letters.
c.
			 Length of certification or registration at the time of the violation.
d. Disciplinary history of current or prior
			 supervisor.
e. Degree of
			 cooperation with investigation.
f.
			 Extent of self-initiated reform or remedial action after the date of the
			 violation.
g. Whether the volume or
			 geographic range of the respondent's practice is, or was at the time of the
			 violation, reasonable under the circumstances.
h. Whether the respondent practiced with a
			 lapsed, inactive, retired, suspended, revoked, or surrendered certificate or
			 registration.
Iowa Administrative Code › Agency 193F - Real Estate Appraiser Examining Board › Chapter 7 - Investigations and Disciplinary Procedures › Rule 193F-7.13 - Voluntary Surrender

Current through Register Vol. 47, No. 3, July 24, 2024
The board may accept the voluntary surrender of a license to
				resolve a pending disciplinary contested case or pending disciplinary
				investigation. The board will not accept a voluntary surrender of a license to
				resolve a pending disciplinary investigation unless a statement of charges is
				filed along with the order accepting the voluntary surrender. Such voluntary
				surrender is considered disciplinary action and will be published in the same
				manner as is applicable to any other form of disciplinary
				order.
Iowa Administrative Code › Agency 193F - Real Estate Appraiser Examining Board › Chapter 7 - Investigations and Disciplinary Procedures › Rule 193F-7.14 - Reinstatement

Current through Register Vol. 47, No. 3, July 24, 2024
The following provisions apply to license reinstatement
				proceedings:
(1) The board may grant
			 an applicant's request to appear informally before the board prior to the
			 issuance of a notice of hearing on an application to reinstate if the applicant
			 requests an informal appearance in the application and agrees not to seek to
			 disqualify, on the ground of personal investigation, board members or staff
			 before whom the applicant appears.
(2) An order granting an application for
			 reinstatement may impose such terms and conditions as the board deems
			 desirable, which may include one or more of the types of disciplinary sanctions
			 described in rule 193F-7.14(272C, 543D).
(3) The board will not grant an application
			 for reinstatement when the initial order that revoked, suspended or placed
			 limitations on the license, denied license renewal, or accepted a voluntary
			 surrender was based on a criminal conviction and the applicant cannot
			 demonstrate to the board's satisfaction that:
a. All terms of the sentencing or other
			 criminal order have been fully satisfied;
b. The applicant has been released from
			 confinement and any applicable probation or parole; and
c. Restitution has been made or is reasonably
			 in the process of being made to any victims of the crime.
Iowa Administrative Code › Agency 193F - Real Estate Appraiser Examining Board › Chapter 8 - Renewal, Expiration and Reinstatement of Certificates and Registrations, Retired Status, and Inactive Status › Rule 193F-8.1 - Biennial Renewal

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
			 Licenses have to be renewed on a biennial basis or they lapse.
(2) Persons licensed before June 30, 2024,
			 will maintain their biennial renewal timelines. For licensees initially
			 licensed after June 30, 2024, all licenses will expire biennially on June 30.
Example: Certified general licensee obtains licensure on May
				25, 2025. License will expire on June 30, 2026, with the first year being a
				partial year.
(3) An
			 application to renew a certificate or registration has to be submitted through
			 the board's online system.
(4) All
			 continuing education claimed on a biennial renewal needs to have been acquired
			 during the renewal period. In addition, all continuing education claimed on a
			 biennial renewal has to have been taken and completed prior to submission of
			 the renewal application.
Iowa Administrative Code › Agency 193F - Real Estate Appraiser Examining Board › Chapter 8 - Renewal, Expiration and Reinstatement of Certificates and Registrations, Retired Status, and Inactive Status › Rule 193F-8.2 - Notices

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The
			 board may send renewal notices to licensed appraisers. However, it is the
			 licensee's responsibility to renew timely.
(2) Certified and associate appraisers have
			 to ensure that their contact information on file with the board office is
			 current and that the board is notified within 30 days of any changes.
Iowa Administrative Code › Agency 193F - Real Estate Appraiser Examining Board › Chapter 8 - Renewal, Expiration and Reinstatement of Certificates and Registrations, Retired Status, and Inactive Status › Rule 193F-8.3 - Renewal Procedures

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Date of filing.
Certified and associate appraisers have to
			 file a complete renewal application with the board by the June 30 deadline in
			 the biennial renewal year. An application will be deemed filed on the date of
			 board receipt, the date of electronic submission or, if payment is mailed, the
			 date postmarked but not the date metered.
(2)
Continuing education.
An
			 applicant for renewal has to report the applicant's compliance with the
			 continuing education obligations provided in 193F-Chapter 10.
(3)
Background disclosures.
An applicant for renewal has to disclose such background and character
			 information as the board requests, which may include disciplinary action taken
			 by any jurisdiction regarding a professional license of any type, the denial of
			 an application for a professional license of any type by any jurisdiction, and
			 the conviction of any crime.
(4)
Insufficient applications.
The board will reject applications
			 that are insufficient.
(5)
Resubmission of rejected applications.
The board will promptly
			 notify an applicant of the basis for rejecting an insufficient renewal
			 application. Applicants may correct deficiencies and resubmit an application.
			 Resubmitted applications are deemed received on the date of electronic
			 submission.
(6)
Administrative processing not determinative.
The
			 administrative processing of an application to renew a certificate or
			 registration will not prevent the board from subsequently challenging the
			 application based on new information, such as after-acquired information of
			 continuing education violations.
(7)
Denial of timely and sufficient
			 application to renew.
If grounds exist to deny an application to
			 renew, the board will send notification to the applicant stating the grounds
			 for denial.
Iowa Administrative Code › Agency 193F - Real Estate Appraiser Examining Board › Chapter 8 - Renewal, Expiration and Reinstatement of Certificates and Registrations, Retired Status, and Inactive Status › Rule 193F-8.4 - Failure to Renew

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The
			 certificate or registration of a certified or associate appraiser lapses unless
			 the appraiser submits a timely and sufficient renewal application by the
			 expiration date.
(2) Certified and
			 associate appraisers are not authorized to practice or to hold themselves out
			 to the public as certified or registered appraisers during the period of time
			 that the certificate or registration is lapsed. Any violation of this subrule
			 will be grounds for discipline.
(3)
			 Reinstatement. The board may reinstate a lapsed certificate or registration
			 upon the applicant's submission of an application to reinstate and completion
			 of all of the following:
a. Paying a penalty
			 as provided by board rule; and
b.
			 Paying the current renewal fee as provided by board rule; and
c. Paying the Appraisal Subcommittee National
			 Registry fee as provided by board rule; and
d. Completing a state and national criminal
			 history check as required by law; and
e. Providing evidence of completed continuing
			 education outlined in rule
			 193F-10.2 (272C, 543D), as
			 modified for associate appraisers in subrule 8.4(6), if the licensee wishes to
			 reinstate to active status; and
f.
			 Providing a written statement outlining the professional activities of the
			 applicant in the state of Iowa during the period in which the applicant's
			 license had lapsed. The statement will describe all appraisal services
			 performed, with or without the use of the titles described in Iowa Code section
			 543D.15, for all appraisal
			 assignments that federal or state law, rule, or policy mandate to be performed
			 by a certified real estate appraiser.
Iowa Administrative Code › Agency 193F - Real Estate Appraiser Examining Board › Chapter 8 - Renewal, Expiration and Reinstatement of Certificates and Registrations, Retired Status, and Inactive Status › Rule 193F-8.6 - Retired Status

Current through Register Vol. 47, No. 3, July 24, 2024
A certified licensee may place the licensee's license in
				retired status. For purposes of this rule, the term "retired" means the person
				has retired from working as a certified appraiser and has requested to be
				placed in retired status through the board's online system. A licensee in
				retired status may request that the license be placed back into active status
				so long as the licensee is still within the biennial period of the last active
				status. The board will not provide a refund of biennial registration and
				certification fees when an application for retired status is granted in a
				biennium in which the applicant has previously paid the biennial fees for
				either active or inactive status. Licensees in retired status are exempt from
				the renewal obligation. While in retired status, appraisers cannot hold
				themselves out to the public as being certified appraisers during the period of
				time that the license is in retired status.
Iowa Administrative Code › Agency 193F - Real Estate Appraiser Examining Board › Chapter 8 - Renewal, Expiration and Reinstatement of Certificates and Registrations, Retired Status, and Inactive Status › Rule 193F-8.7 - Property of the Board

Current through Register Vol. 47, No. 3, July 24, 2024
Every license issued by the board will, while it remains in the
				possession of the holder, be preserved by the holder but will, nevertheless,
				always remain the property of the board.
Iowa Administrative Code › Agency 193F - Real Estate Appraiser Examining Board › Chapter 8 - Renewal, Expiration and Reinstatement of Certificates and Registrations, Retired Status, and Inactive Status › Rule 193F-8.8 - Investigation Procedures

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Disciplinary committee.
The board chairperson shall annually appoint two to three members of the board
			 to serve on the board's disciplinary committee. The disciplinary committee is a
			 purely advisory body which shall review complaint files referred by the board's
			 executive officer, generally supervise the investigation of complaints, and
			 make recommendations to the full board on the disposition of complaints.
			 Members of the committee shall not personally investigate complaints, but they
			 may review the investigative work product of others in formulating
			 recommendations to the board.
(2)
Screening of complaints.
All complaints presented to the board
			 shall be screened, evaluated and, where appropriate, investigated. If the
			 committee concludes that the complaint does not present facts which suggest
			 such a violation or that the complaint does not otherwise constitute an
			 appropriate basis for disciplinary action, the committee shall refer the
			 complaint to the full board with the recommendation that the complaint be
			 closed with no further action. If the committee determines that the complaint
			 does present a credible basis for disciplinary action, the committee may either
			 immediately refer the complaint to the full board recommending that a
			 disciplinary proceeding be commenced or initiate a disciplinary
			 investigation.
(3)
Committee procedures.
An expert investigator, or expert
			 consultant, may be assigned to evaluate the merits of a complaint. In addition,
			 the licensee may be afforded an opportunity to appear before the disciplinary
			 committee for an informal discussion as described in rule
			 193F-8.9 (17A,272C,543D). Upon
			 completion of an investigation, the investigator, expert consultant, peer
			 review committee or board staff shall present a report to the committee. The
			 committee shall review the report and determine what further action is
			 necessary. The committee may:
a. Request
			 further investigation.
b. Determine
			 there is not probable cause to believe a disciplinary violation has occurred,
			 and refer the case to the full board with the recommendation of
			 closure.
c. Determine there is
			 probable cause to believe that a law or rule enforced by the board has been
			 violated, but that disciplinary action is unwarranted on other grounds, and
			 refer the case to the full board with the recommendation of closure. The
			 committee may also recommend that the licensee be informally cautioned or
			 educated about matters which could form the basis for disciplinary action in
			 the future.
d. Determine there is
			 probable cause to believe a disciplinary violation has occurred, and refer the
			 case to the full board with the recommendation that the board initiate a
			 disciplinary proceeding (contested case).
Iowa Administrative Code › Agency 193F - Real Estate Appraiser Examining Board › Chapter 8 - Renewal, Expiration and Reinstatement of Certificates and Registrations, Retired Status, and Inactive Status › Rule 193F-8.9 - Informal Discussion

Current through Register Vol. 47, No. 3, July 24, 2024
If the disciplinary committee considers it advisable, or if
				requested by the affected licensee, the committee may grant the licensee any
				opportunity to appear before the committee for a voluntary informal discussion
				of the facts and circumstances of an alleged violation, subject to the
				provisions of this rule.
(1) An
			 informal discussion is intended to provide a licensee an opportunity to share
			 in an informal setting the licensee's side of a complaint before the board
			 determines whether probable cause exists to initiate a disciplinary proceeding.
			 Licensees are not required to attend an informal discussion. Because
			 disciplinary investigations are confidential, licensees may not bring other
			 persons with them to an informal discussion, but licensees may be represented
			 by legal counsel.
(2) Unless
			 disqualification is waived by the licensee, board members or staff who
			 personally investigate a disciplinary complaint are disqualified from making
			 decisions or assisting the decision makers at a later formal hearing. Because
			 board members generally rely upon investigators, peer review committees, or
			 expert consultants to conduct investigations, the issue rarely arises. An
			 informal discussion, however, is a form of investigation because it is
			 conducted in a question and answer format. In order to preserve the ability of
			 all board members to participate in board decision making and to receive the
			 advice of staff, licensees who desire to attend an informal discussion must
			 therefore waive their right to seek disqualification of a board member or staff
			 based solely on the board member's or staff's participation in an informal
			 discussion. Licensees would not be waiving their right to seek disqualification
			 on any other ground. By electing to attend an informal discussion, a licensee
			 accordingly agrees that participating board members or staff are not
			 disqualified from acting as a presiding officer in a later contested case
			 proceeding or from advising the decision maker.
(3) Because an informal discussion
			 constitutes a part of the board's investigation of a pending disciplinary case,
			 the facts discussed at the informal discussion may be considered by the board
			 in the event the matter proceeds to a contested case hearing and those facts
			 are independently introduced into evidence.
(4) The disciplinary committee, subject to
			 board approval, may propose a consent order at the time of the informal
			 discussion. If the licensee agrees to a consent order, a statement of charges
			 shall be filed simultaneously with the consent order, as provided in rule
			 193F-20.4 (17A,272C).
Iowa Administrative Code › Agency 193F - Real Estate Appraiser Examining Board › Chapter 8 - Renewal, Expiration and Reinstatement of Certificates and Registrations, Retired Status, and Inactive Status › Rule 193F-8.11 - Closing Complaint Files

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Grounds for closing.
Upon the recommendation of the executive officer, the recommendation of the
			 disciplinary committee, or on its own motion, the board may close a complaint
			 file, with or without prior investigation. Given the broad scope of matters
			 about which members of the public may complain, it is not possible to catalog
			 all possible reasons why the board may close a complaint file. The following
			 nonexclusive list is, however, illustrative of the grounds upon which the board
			 may close a complaint file:
a. The complaint
			 alleges matters outside the board's jurisdiction.
b. The complaint does not allege a reasonable
			 or credible basis to believe that the subject of the complaint violated a law
			 or rule enforced by the board.
c.
			 The complaint is frivolous or trivial.
d. The complaint alleges matters more
			 appropriately resolved in a different forum, such as civil litigation to
			 resolve a contract dispute, or more appropriately addressed by alternative
			 procedures, such as outreach education or rule making.
e. The matters raised in the complaint are
			 situational, isolated, or unrepresentative of a licensee's typical practice,
			 and the licensee has taken appropriate steps to ensure future compliance and
			 prevent public injury.
f.Resources
			 are unavailable or better directed to other complaints or board initiatives in
			 light of the board's overall budget and mission.
g. While the evidence may reveal one or more
			 appraisal standards about which the appraiser should be more vigilant in the
			 future, the issues appear correctable, are not likely to recur with proper
			 diligence in the development and reporting of future appraisals, and do not
			 reveal impediments to competent practice in the future.
h. Other extenuating factors exist which
			 weigh against the imposition of public discipline when considered in the
			 context of the board's purpose and mission.
Iowa Administrative Code › Agency 193F - Real Estate Appraiser Examining Board › Chapter 8 - Renewal, Expiration and Reinstatement of Certificates and Registrations, Retired Status, and Inactive Status › Rule 193F-8.12 - Initiation of Disciplinary Proceedings

Current through Register Vol. 47, No. 3, July 24, 2024
Disciplinary proceedings may only be initiated by the
				affirmative vote of a majority of a quorum of the board at a public meeting.
				Board members who are disqualified shall not be included in determining whether
				a quorum exists. If, for example, two members of the board are disqualified,
				three members of the board shall constitute a quorum of the remaining five
				board members for purposes of voting on the case in which the two members are
				disqualified. When three or more members of the board are disqualified or
				otherwise unavailable for any reason, the executive officer may request the
				special appointment of one or more substitute board members pursuant to Iowa
				Code section
				17A.11,
				subsection 5. Discipline may only be imposed against a licensee by the
				affirmative vote of a majority of the members of the board who are not
				disqualified.
Iowa Administrative Code › Agency 193F - Real Estate Appraiser Examining Board › Chapter 8 - Renewal, Expiration and Reinstatement of Certificates and Registrations, Retired Status, and Inactive Status › Rule 193F-8.13 - Disciplinary Contested Case Procedures

Current through Register Vol. 47, No. 3, July 24, 2024
Unless in conflict with a provision of board rules in this
				chapter, all of the procedures set forth in 193F-Chapter 20 shall apply to
				disciplinary contested cases initiated by the board.
Iowa Administrative Code › Agency 193F - Real Estate Appraiser Examining Board › Chapter 8 - Renewal, Expiration and Reinstatement of Certificates and Registrations, Retired Status, and Inactive Status › Rule 193F-8.14 - Decisions

Current through Register Vol. 47, No. 3, July 24, 2024
The board shall make findings of fact and conclusions of law,
				and set forth the board's decision, order, or both in the case. The board's
				decision may include, without limitation, any of the following outcomes, either
				individually or in combination:
1.
			 Dismiss the charges;
2. Suspend or
			 revoke the appraiser's certification or associate's registration as authorized
			 by law;
3. Impose civil penalties,
			 the amount which shall be set at the discretion of the board, but which shall
			 not exceed $1000 per violation. Civil penalties may be imposed for any of the
			 disciplinary violations specified in Iowa Code section
			 543D.17
			 and chapter 272C or for any repeat offenses;
4. Impose a period of probation, either with
			 or without conditions;
5. Require
			 reexamination;
6. Require
			 additional professional education, reeducation, or continuing
			 education;
7. Issue a citation and
			 a warning;
8. Require desk review
			 of the appraiser's work product;
9.
			 Issue a consent order either with or without conditions;
10. Require consultation with one or more
			 peer reviewers;
11. Revoke an
			 appraiser's eligibility to supervise;
12. Require submission of monthly
			 logs;
13. Prohibit a licensee from
			 acting as an instructor;
14. Impose
			 any other form of discipline authorized by a provision of law that the board,
			 in its discretion, believes is warranted under the circumstances of the
			 case.
Iowa Administrative Code › Agency 193F - Real Estate Appraiser Examining Board › Chapter 8 - Renewal, Expiration and Reinstatement of Certificates and Registrations, Retired Status, and Inactive Status › Rule 193F-8.15 - Mitigating and Aggravating Factors

Current through Register Vol. 47, No. 3, July 24, 2024
Factors the board may consider when determining whether to
				impose discipline and what type of discipline to impose include but are not
				limited to:
(1) History and background
			 of respondent.
a. Whether the respondent was a
			 registered associate appraiser or a certified appraiser at the time of the
			 violation.
b. Prior disciplinary
			 history or cautionary letters.
c.
			 Length of certification or registration at the time of the violation.
d. Disciplinary history of current or prior
			 supervisor.
e. Degree of
			 cooperation with investigation.
f.
			 Extent of self-initiated reform or remedial action after the date of the
			 violation.
g. Whether the volume or
			 geographic range of the respondent's practice is, or was at the time of the
			 violation, reasonable under the circumstances.
h. Whether the respondent practiced with a
			 lapsed, inactive, retired, suspended, revoked, or surrendered certificate or
			 registration.
Iowa Administrative Code › Agency 193F - Real Estate Appraiser Examining Board › Chapter 8 - Renewal, Expiration and Reinstatement of Certificates and Registrations, Retired Status, and Inactive Status › Rule 193F-8.16 - Voluntary Surrender

Current through Register Vol. 47, No. 3, July 24, 2024
The board may accept the voluntary surrender of a license to
				resolve a pending disciplinary contested case or pending disciplinary
				investigation. The board shall not accept a voluntary surrender of a license to
				resolve a pending disciplinary investigation unless a statement of charges is
				filed along with the order accepting the voluntary surrender Such voluntary
				surrender is considered disciplinary action and shall be published in the same
				manner as is applicable to any other form of disciplinary
				order
Iowa Administrative Code › Agency 193F - Real Estate Appraiser Examining Board › Chapter 8 - Renewal, Expiration and Reinstatement of Certificates and Registrations, Retired Status, and Inactive Status › Rule 193F-8.17 - Reinstatement

Current through Register Vol. 47, No. 3, July 24, 2024
In addition to the provisions of rule
				193F-20.38 (17A,272C), the
				following provisions shall apply to license reinstatement proceedings:
(1) The board may grant an applicant's
			 request to appear informally before the board prior to the issuance of a notice
			 of hearing on an application to reinstate if the applicant requests an informal
			 appearance in the application and agrees not to seek to disqualify, on the
			 ground of personal investigation, board members or staff before whom the
			 applicant appears.
(2) An order
			 granting an application for reinstatement may impose such terms and conditions
			 as the board deems desirable, which may include one or more of the types of
			 disciplinary sanctions described in rule
			 193F-8.14 (543D).
(3) The board shall not grant an application
			 for reinstatement when the initial order which revoked, suspended or restricted
			 the license, denied license renewal, or accepted a voluntary surrender was
			 based on a criminal conviction and the applicant cannot demonstrate to the
			 board's satisfaction that:
a. All terms of the
			 sentencing or other criminal order have been fully satisfied;
b. The applicant has been released from
			 confinement and any applicable probation or parole; and
c.
Restitution has been made or is reasonably in the process of being made to any
			 victims of the crime.
Iowa Administrative Code › Agency 193F - Real Estate Appraiser Examining Board › Chapter 9 - Reciprocity › Rule 193F-9.1 - Nonresident Certification by Reciprocity

Current through Register Vol. 47, No. 3, July 24, 2024
(1) A nonresident of Iowa seeking
			 certification in this state can apply for reciprocity through the board's
			 online system and pay the board-established fee.
(2) The board may issue a reciprocal
			 certificate to a nonresident individual who is certified and demonstrates good
			 standing in another state. An appraiser who is listed in good standing on the
			 National Registry of the Appraisal Subcommittee satisfies the good standing
			 obligation without additional documentation. An appraiser who is not listed in
			 good standing on the National Registry of the Appraisal Subcommittee will need
			 to supply an official letter of good standing issued by the licensing board of
			 the appraiser's resident state and bearing its seal.
(3) A reciprocal certified appraiser will
			 comply with all provisions of Iowa law and rules.
(4) Reciprocal certified appraisers are
			 obligated to pay the federal registry fee as set forth in the board's
			 rules.
Iowa Administrative Code › Agency 193F - Real Estate Appraiser Examining Board › Chapter 9 - Reciprocity › Rule 193F-9.3 - Renewal Procedures

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Date of filing.
Certified and associate appraisers shall file
			 a timely and sufficient renewal application with the board by the June 30
			 deadline in the biennial renewal year. An application shall be deemed filed on
			 the date received by the board, the date of electronic submission or, if
			 mailed, the date postmarked, but not the date metered. Applications to renew
			 that are not timely received by the board shall be treated as applications to
			 reinstate, as provided in rule
			 193F-9.4 (272C,543D).
(2)
Continuing education.
An
			 applicant for renewal shall report the applicant's compliance with the
			 continuing education requirements provided in 193F-Chapter 11. Full compliance
			 with applicable continuing education requirements is a condition of renewal in
			 active status. Applications to renew certificates or registrations in active
			 status that do not, on their face, demonstrate full compliance with all
			 applicable continuing education requirements shall be rejected as insufficient,
			 as provided in subrule 9.3(4).
(3)
Background disclosures.
An applicant for renewal shall
			 disclose such background and character information as the board requests, which
			 may include disciplinary action taken by any jurisdiction regarding a
			 professional license of any type, the denial of an application for a
			 professional license of any type by any jurisdiction, and the conviction of any
			 crime.
(4)
Insufficient
			 applications.
The board shall reject applications that are
			 insufficient. A sufficient application within the meaning of Iowa Code section
			 17A.18(2)
			  must:
a. Be
			 on a form prescribed by the board or, in the event there are no paper forms, be
			 submitted through the state's database;
b. Be signed by the applicant, be certified
			 as accurate, or display an electronic signature by the applicant if submitted
			 electronically;
c. Be fully
			 completed;
d. Reflect, on its face,
			 full compliance with all applicable continuing education requirements;
			 and
e. Be accompanied by the proper
			 fee. The fee shall be deemed improper if, for instance, the amount is
			 incorrect, the fee was not included with the application, the credit card
			 number provided by the applicant is incorrect, the date of expiration of a
			 credit card is omitted or incorrect, the attempted credit card transaction is
			 rejected, or the applicant's check is returned for insufficient funds or
			 written on a closed account.
Iowa Administrative Code › Agency 193F - Real Estate Appraiser Examining Board › Chapter 9 - Reciprocity › Rule 193F-9.4 - Failure to Renew

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The
			 certificate or registration of a certified or associate appraiser shall lapse
			 unless the appraiser submits a timely and sufficient renewal application by the
			 expiration date.
(2) A certified or
			 associate appraiser may renew a certificate or registration after the
			 expiration date by submitting a sufficient renewal application and biennial
			 renewal fee, accompanied by the late renewal fee as provided in 193F-Chapter
			 12, within 30 calendar days of the expiration date. The board will allow the
			 reinstatement of a lapsed certificate or registration during the 30-day period
			 following expiration for an appraiser who did not complete all required
			 continuing education during the prior biennium but who will have sufficient
			 continuing education if courses completed during the 30-day period following
			 lapse are included. The continuing education completed between July 1 and July
			 30 that fulfills a shortage of continuing education in the prior biennium shall
			 not be counted toward the continuing education required in a subsequent
			 renewal.
(3) If a certified or
			 associate appraiser fails to renew within the 30-day grace period provided for
			 in subrule 9.4(2), the appraiser shall be required to reinstate in accordance
			 with subrule 9.4(5).
(4) Certified
			 and associate appraisers are not authorized to practice or to hold themselves
			 out to the public as certified or registered appraisers during the period of
			 time that the certificate or registration is lapsed, including during the
			 30-day grace period following the lapse. Any violation of this subrule shall be
			 grounds for discipline.
(5)
			 Reinstatement. The board may reinstate a lapsed certificate or registration
			 upon the applicant's submission of an application to reinstate and completion
			 of all of the following:
a. Paying a penalty
			 as provided in rule 193F-12.1 (543D); and
b. Paying the current renewal fee as provided
			 in rule 193F-12.1 (543D); and
c. Paying the ASC National Registry fee as
			 provided in rule 193F-12.1 (543D); and
d. Completing a state and national criminal
			 history check consistent with Iowa Code section
			 543D.22.
e. Providing evidence of completed continuing
			 education outlined in rule
			 193F-11.2 (272C,543D), as
			 modified for associate appraisers in subrule 9.4(6), if the licensee wishes to
			 reinstate to active status; and
f.
			 Providing a written statement outlining the professional activities of the
			 applicant in the state of Iowa during the period in which the applicant's
			 certificate or registration was lapsed. The statement shall describe all
			 appraisal services performed, with or without the use of the titles described
			 in Iowa Code section
			 543D.15, for all
			 appraisal assignments that are required by federal or state law, rule, or
			 policy to be performed by a certified real estate
			 appraiser.
Iowa Administrative Code › Agency 193F - Real Estate Appraiser Examining Board › Chapter 9 - Reciprocity › Rule 193F-9.6 - Retired Status

Current through Register Vol. 47, No. 3, July 24, 2024
An associate or certified appraiser may place the associate or
				certified appraiser's registration or certification in retired status. For
				purposes of this rule, the term "retired" means the person has retired from
				working as an associate or certified appraiser in all jurisdictions and has
				requested to be placed in retired status on forms provided by the board. An
				associate or certified appraiser in retired status may request that the
				registration or certification be placed into active status so long as the
				associate or certified appraiser has not renewed the registration or
				certification in inactive status or allowed the registration or certification
				to lapse prior to the request to return to active status. The board will not
				provide a refund of biennial registration and certification fees when an
				application for retired status is granted in a biennium in which the applicant
				has previously paid the biennial fees for either active or inactive status.
				Associate and certified appraisers in retired status are exempt from the
				renewal requirement. While in retired status, appraisers may not hold
				themselves out to the public as being registered or certified appraisers during
				the period of time that the registration or certification is in retired status.
				For all intents and purposes, retired status is similar to lapsed status with
				the exceptions that:
(1) The associate
			 or certified appraiser may place the associate or certified appraiser's
			 registration or certification in retired status at any point;
(2) Until such time as the registration or
			 certification expires, the applicant will not be subject to the reactivation or
			 reinstatement criteria;
(3) If the
			 associate or certified appraiser places the registration or certification into
			 inactive status at the time of renewal, or the applicant lets the registration
			 or certification lapse, the applicant will be required to reactivate or
			 reinstate pursuant to rule
			 193F-4.6 (272C,543D), or subrule
			 9.4(5) or 9.5(6) as applicable.
Iowa Administrative Code › Agency 193F - Real Estate Appraiser Examining Board › Chapter 9 - Reciprocity › Rule 193F-9.7 - Property of the Board

Current through Register Vol. 47, No. 3, July 24, 2024
Every certificate or associate registration issued by the board
				shall, while it remains in the possession of the holder, be preserved by the
				holder but shall, nevertheless, always remain the property of the board. The
				board shall generally not request return of a certificate or associate
				registration if it has not been revoked, suspended or voluntarily surrendered
				in a disciplinary action, but may do so if the board reasonably determines that
				grounds exist to believe that a person holding a lapsed, retired, or inactive
				certificate or associate registration has engaged in a practice for which
				active certification or registration is required.