reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 193E - Real Estate Commission › Chapter 17 - Approval of Schools, Courses and Instructors › Rule 193E-17.11 - Standards for Approval of Paper and Pencil Home-study Courses

Current through Register Vol. 47, No. 3, July 24, 2024
The commission may approve paper and pencil home-study courses,
				subject to the following criteria:
(1)
			 Courses are arranged in chapter format and include a table of
			 contents.
(2) Overview statements
			 that preview the content of the chapter are included for each
			 chapter.
(3) Courses are designed
			 to ensure that student progress is evaluated at appropriate intervals. The
			 assessment process measures what each student has learned and not learned at
			 regular intervals throughout each module of the course. The student completes
			 and returns quizzes to the provider to receive credit for the course.
(4) Students completing paper and pencil
			 home-study continuing education complete a final examination containing 10
			 questions for a one-hour course, 20 questions for a two-hour course, 30
			 questions for a three-hour course, 40 questions for a four-hour course, and 60
			 questions for a six- or eight-hour course.
(5) A passing score of 80 percent is needed
			 for course credit to be granted. There is no limit to the number of times a
			 final examination may be taken to achieve a passing score.
(6) A licensee has six months from the date
			 of purchase to complete all quizzes and assignments and to pass the final
			 examination.
(7) The provider
			 includes information that clearly informs the licensee of the course completion
			 deadline, passing score needed, chapter quiz completion criteria and any other
			 relevant information regarding the course.
(8) The provider states in the course
			 materials that the information presented in the course should not be used as a
			 substitute for competent legal advice.
(9) The provider retains a statement signed
			 by the student that affirms that the student completed the necessary work and
			 examinations.
(10) The provider is
			 available to answer student questions or provide assistance as necessary during
			 normal business hours.
(11) Courses
			 submitted for approval are sufficient in scope and content to justify the hours
			 requested by the provider.
Iowa Administrative Code › Agency 193E - Real Estate Commission › Chapter 17 - Approval of Schools, Courses and Instructors › Rule 193E-17.12 - Qualifying as an Instructor

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Individuals may be approved to teach
			 prelicense and continuing education when they have shown proof of attendance of
			 six hours at an instructor development workshop approved by the commission
			 within 12 months preceding approval and have met the instructor qualification
			 criteria.
(2) Guest speakers and
			 individuals currently certified by a nationally recognized organization, such
			 as a DREI, that has similar instructor standards are exempt, with prior
			 approval of the commission, from the instructor qualification criteria and the
			 instructor development workshop criteria.
(3) An applicant may be approved as an
			 instructor when it is determined that the applicant evidences the ability to
			 teach and communicate and possesses in-depth knowledge of the subject matter to
			 be taught.
a. The applicant demonstrates the
			 ability to teach by meeting at least one of the following criteria:
(1) Holds a bachelor's degree or higher in
			 education from an accredited college (copy(ies) of transcript(s) to be
			 attached); or
(2) Holds a current
			 teaching credential or certificate in any field (copy to be attached);
			 or
(3) Holds a certificate of
			 completion from a real estate instructor institute, workshop or school approved
			 by the real estate commission and has experience in the area of instruction
			 (specific teaching experiences to be detailed); or
(4) Holds a full-time current appointment to
			 the faculty of an accredited college; or
(5) Holds a current teaching designation from
			 an organization approved by the real estate commission (evidence to be
			 attached).
Iowa Administrative Code › Agency 193E - Real Estate Commission › Chapter 18 - Investigations and Disciplinary Procedures › Rule 193E-18.1 - Disciplinary and Investigative Authority

Current through Register Vol. 47, No. 3, July 24, 2024
The commission is empowered to administer Iowa Code chapters
				17A, 272C, and 543B and related administrative rules for the protection and
				well-being of those persons who may rely upon licensed individuals for the
				performance of real estate services within this state or for clients in this
				state. To perform these functions, the commission is broadly vested with
				authority, pursuant to Iowa Code sections
				17A.13,
				272C.3 through
				272C.6,
				272C.10,
				543B.9,
				543B.29, 543B.34 to
				543B.41, and
				543B.61 to review and
				investigate alleged acts or omissions of licensees, determine whether
				disciplinary proceedings are warranted, initiate and prosecute disciplinary
				proceedings, establish standards of professional conduct, and impose
				discipline.
Iowa Administrative Code › Agency 193E - Real Estate Commission › Chapter 18 - Investigations and Disciplinary Procedures › Rule 193E-18.2 - Grounds for Discipline

Current through Register Vol. 47, No. 3, July 24, 2024
The commission may initiate disciplinary action against a
				licensee on any of the following grounds:
1. All grounds set forth in Iowa Code
			 sections 543B.29,
			 543B.34 and
			 543B.61.
2. A violation of the rules of professional
			 and business conduct described in 193E-Chapters 6 through 8, 10 through 15, and
			 19.
3. Failure to comply with an
			 order of the commission imposing discipline.
4. Violation of Iowa Code sections
			 272C.3(2)  and
			 272C.10.
5. Continuing to practice real estate with an
			 expired or inactive license, or without satisfying the continuing education
			 mandated by 193E-Chapter 16 or the errors and omissions insurance mandated by
			 193E-Chapter 19.
6. Knowingly
			 aiding or abetting a licensee, license applicant or unlicensed person in
			 committing any act or omission which is a ground for discipline under this rule
			 or otherwise knowingly aiding or abetting the unlicensed practice of real
			 estate in Iowa.
7. Failure to fully
			 cooperate with a licensee disciplinary investigation, including failure to
			 respond to a commission inquiry within 14 calendar days of the date of mailing
			 by certified mail of a written communication directed to the licensee's last
			 address on file at the commission office.
8. A violation of one or more of the acts or
			 omissions upon which civil penalties may be imposed, as described in subrule
			 18.14(5).
Iowa Administrative Code › Agency 193E - Real Estate Commission › Chapter 18 - Investigations and Disciplinary Procedures › Rule 193E-18.3 - Initiation of Disciplinary Investigations

Current through Register Vol. 47, No. 3, July 24, 2024
The commission may initiate a licensee disciplinary
				investigation upon the commission's receipt of information suggesting that a
				licensee may have violated a law or rule enforced by the commission which, if
				true, would constitute a ground for licensee discipline.
Iowa Administrative Code › Agency 193E - Real Estate Commission › Chapter 18 - Investigations and Disciplinary Procedures › Rule 193E-18.4 - Sources of Information

Current through Register Vol. 47, No. 3, July 24, 2024
Without limitation, the following nonexclusive list of
				information sources may form the basis for the initiation of a disciplinary
				investigation or proceeding:
1. News
			 articles or other media sources.
2.
			 Reports filed with the commission by the commissioner of insurance pursuant to
			 Iowa Code section 272C.4(9).
3. Complaints filed with the commission by
			 any member of the public.
4.
			 License applications or other documents submitted to the commission.
5. Reports to the commission from any
			 regulatory or law enforcement agency from any jurisdiction.
6. Commission audits of licensee compliance,
			 such as those involving continuing education, trust accounts, or errors and
			 omissions insurance.
Iowa Administrative Code › Agency 193E - Real Estate Commission › Chapter 18 - Investigations and Disciplinary Procedures › Rule 193E-18.5 - Conflict of Interest

Current through Register Vol. 47, No. 3, July 24, 2024
If the subject of a complaint is a member of the commission, or
				if a member of the commission has a conflict of interest in any disciplinary
				matter before the commission, that member abstains 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 193E - Real Estate Commission › Chapter 18 - Investigations and Disciplinary Procedures › Rule 193E-18.6 - Complaints

Current through Register Vol. 47, No. 3, July 24, 2024
Written complaints may be submitted to the commission office by
				mail, email, online via the commission's website, or personal delivery by any
				member of the public with knowledge of possible law or rule violations by
				licensees. Timely filing is encouraged to ensure the availability of witnesses
				and to avoid initiation of an investigation under conditions which may become
				substantially altered during a period of delay.
(1)
Contents of a written
			 complaint.
Written complaints may be submitted on forms provided by
			 the commission which are available from the commission office and on the
			 commission's website. Written complaints, whether submitted on a commission
			 complaint form or in other written medium, contain the following information:
a. The full name, address, and telephone
			 number of the complainant (person complaining).
b. The full name, address, and telephone
			 number of the respondent (licensee against whom the complaint is
			 filed).
c. A statement of the facts
			 and circumstances giving rise to the complaint, including a description of the
			 alleged acts or omissions which the complainant believes demonstrates that the
			 respondent has violated or is violating laws or rules enforced by the
			 commission.
d. If known, citations
			 to the laws or rules allegedly violated by the respondent.
e. Evidentiary supporting
			 documentation.
f. Steps, if any,
			 taken by the complainant to resolve the dispute with the respondent prior to
			 filing a complaint.
g. The address
			 of the property involved.
Iowa Administrative Code › Agency 193E - Real Estate Commission › Chapter 18 - Investigations and Disciplinary Procedures › Rule 193E-18.7 - Case Numbers

Current through Register Vol. 47, No. 3, July 24, 2024
Whether based on a written complaint received by the commission
				or a complaint initiated by the commission, all complaint files are tracked by
				a case numbering system. Complaints are assigned case numbers in chronological
				order with the first two digits representing the year in which the complaint
				was received or initiated, and the second three digits representing the order
				in which the case file was opened (e.g., 01-001, 01-002, 01-003). The
				commission's administrator maintains a case file log noting the date each case
				file was opened, whether disciplinary proceedings were initiated in the case,
				and the final disposition of the case. Once a case file number is assigned to a
				complaint, all persons communicating with the commission regarding that
				complaint are encouraged to include the case file number to facilitate accurate
				records and prompt response.
Iowa Administrative Code › Agency 193E - Real Estate Commission › Chapter 18 - Investigations and Disciplinary Procedures › Rule 193E-18.8 - Confidentiality of Complaint and Investigative Information

Current through Register Vol. 47, No. 3, July 24, 2024
All complaint and investigative information received or created
				by the commission is privileged and confidential pursuant to Iowa Code section
				272C.6(4) and as such is not subject to discovery, subpoena, or other means of
				legal compulsion for release to any person except as provided in Iowa Code
				section 272C.6.
Iowa Administrative Code › Agency 193E - Real Estate Commission › Chapter 18 - Investigations and Disciplinary Procedures › Rule 193E-18.10 - 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 an
				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
			 the licensee's side of a complaint in an informal setting before the commission
			 determines whether probable cause exists to initiate a disciplinary proceeding.
			 Licensees are not obligated to attend an informal discussion. Because
			 disciplinary investigations are confidential, the licensee cannot bring other
			 persons to an informal discussion, but licensees may be represented by legal
			 counsel. When an allegation is made against a firm, the firm may be represented
			 by the designated broker, a managing partner, member or other firm
			 representative.
(2) Unless
			 disqualification is waived by the licensee, commission 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
			 commission 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 commission members to participate in commission decision making and to
			 receive the advice of staff, licensees who desire to attend an informal
			 discussion therefore waive their right to seek disqualification of a commission
			 member or staff based solely on the commission 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 a participating
			 commission member or staff person is 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 commission's investigation of a
			 pending disciplinary case, the facts discussed at the informal discussion may
			 be considered by the commission 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 commission 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 is filed simultaneously with the consent order, as
			 provided in rule 193-7.4 (17A,272C).
Iowa Administrative Code › Agency 193E - Real Estate Commission › Chapter 18 - Investigations and Disciplinary Procedures › Rule 193E-18.11 - Closing Complaint Files

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Grounds for closing.
Upon the recommendation of the
			 administrator pursuant to subrule 18.6(5), the recommendation of the
			 disciplinary committee pursuant to rule
			 193E-18.9 (17A,272C,543B), or on
			 its own motion, the commission 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 commission may close a complaint file. The commission will take into
			 consideration the severity of the alleged violation, the sufficiency of the
			 evidence, the possibility that the problem can be better resolved by other
			 means available to the parties, whether the matter has been the subject of a
			 local board proceeding, the clarity of the laws and rules which support the
			 alleged violation, whether the alleged violation is likely to recur, the past
			 record of the licensee, whether the licensee has previously received a
			 cautionary letter concerning the act or omission at issue, and other factors
			 relevant to the specific facts of the complaint. The following nonexclusive
			 list illustrates the grounds upon which the commission may close a complaint
			 file:
a. The complaint alleges matters
			 outside the commission'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 commission.
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 rulemaking.
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 commission
			 initiatives in light of the commission's overall budget and mission.
g. Extenuating factors exist which weigh
			 against the imposition of public discipline.
Iowa Administrative Code › Agency 193E - Real Estate Commission › Chapter 18 - Investigations and Disciplinary Procedures › Rule 193E-18.12 - 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 commission at a public
				meeting. Commission members who are disqualified are not included in
				determining whether a quorum exists. When two or more members of the commission
				are disqualified or otherwise unavailable for any reason, the administrator may
				request the special appointment of one or more substitute commission members
				pursuant to Iowa Code section 17A.11(5).
Iowa Administrative Code › Agency 193E - Real Estate Commission › Chapter 18 - Investigations and Disciplinary Procedures › Rule 193E-18.13 - Disciplinary Contested Case Procedures

Current through Register Vol. 47, No. 3, July 24, 2024
Unless in conflict with a provision of Iowa Code chapter 543B
				or commission rules in this chapter, all of the procedures set forth in
				193-Chapter 7 applies to disciplinary contested cases initiated by the
				commission.
Iowa Administrative Code › Agency 193E - Real Estate Commission › Chapter 18 - Investigations and Disciplinary Procedures › Rule 193E-18.14 - Disciplinary Sanctions

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Type of sanctions.
The
			 commission has authority to impose, alone or in combination, the following
			 disciplinary sanctions:
a. Revocation of a
			 license.
b. Suspension of a license
			 for a period of time or indefinitely.
c. Nonrenewal of a license.
d. Ban permanently, until further order of
			 the commission, or for a specified period of time, the engagement in specified
			 procedures, methods or acts.
e.
			 Probation. As a condition to a period of probation, the commission may impose
			 terms and conditions deemed appropriate by the commission including, but not
			 limited to, substance abuse evaluation and such care and treatment as
			 recommended in the evaluation or otherwise appropriate under the
			 circumstances.
f. Mandate
			 additional continuing education. The commission may specify that a designated
			 amount of continuing education be taken in specific subjects and may specify
			 the time period for completing these courses. The commission may also specify
			 whether this continuing education be in addition to the continuing education
			 routinely needed for license renewal. The commission may also specify that
			 additional continuing education be a condition for the termination of any
			 suspension or reinstatement of a license.
g. Require reexamination.
h. Impose a monitoring or supervision
			 arrangement.
i. Downgrade a license
			 from a broker license to a salesperson license.
j. Issue a reprimand.
k. Order a physical or mental examination
			 with periodic reports to the commission, if deemed necessary.
l. Impose civil penalties, the amount of
			 which is at the discretion of the commission, but does not exceed $2,500 per
			 violation as authorized by Iowa Code section
			 543B.48. Civil penalties may be
			 imposed for any of the disciplinary violations specified in rule
			 193E-18.2 (17A,272C,543B) and as
			 listed in subrule 18.14(5).
Iowa Administrative Code › Agency 193E - Real Estate Commission › Chapter 18 - Investigations and Disciplinary Procedures › Rule 193E-18.15 - Reinstatement

Current through Register Vol. 47, No. 3, July 24, 2024
The term "reinstatement" as used in this rule includes both the
				reinstatement of a suspended license and the issuance of a new license
				following the revocation, voluntary revocation, or voluntary surrender of a
				license.
(1) Any person whose license
			 has been revoked or suspended by the commission, or who has voluntarily
			 surrendered a license to the commission or has agreed to a voluntary revocation
			 of a license, may apply to the commission for reinstatement in accordance with
			 the terms of the order of revocation, voluntary surrender, voluntary
			 revocation, or suspension.
(2)
			 Unless otherwise provided by law, if the order of revocation, voluntary
			 revocation, voluntary surrender, or suspension did not establish terms upon
			 which reinstatement might occur, initial application for reinstatement cannot
			 be made until at least two years have elapsed from the date of the order or the
			 date the commission accepted the order.
(3) Following the revocation or surrender of
			 a broker or salesperson license, an applicant for reinstatement, as a condition
			 of reinstatement, start over as an original applicant for a salesperson
			 license, regardless of the type of license the applicant previously held. The
			 applicant is obligated to satisfy all preconditions for licensure as a
			 salesperson.
(4) In addition to the
			 provisions of rule 193-7.38 (17A,272C), the
			 following provisions apply to license reinstatement proceedings:
a. The commission may grant an applicant's
			 request to appear informally before the commission 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, commission members or staff before whom
			 the applicant appears.
b. An order
			 granting an application for reinstatement may impose such terms and conditions
			 as the commission deems desirable, which may include one or more of the types
			 of disciplinary sanctions described in rule
			 193E-18.14
			 (272C,543B).
c. The commission
			 cannot grant an application for reinstatement when the initial order which
			 revoked, suspended or limited the license; denied license renewal; or accepted
			 a voluntary surrender was based on a criminal conviction and the applicant
			 cannot demonstrate to the commission's satisfaction that:
(1) All terms of the sentencing or other
			 criminal order have been fully satisfied;
(2) The applicant has been released from
			 confinement and any applicable probation or parole; and
(3) Restitution has been made or is
			 reasonably in the process of being made to any victims of the crime.
Iowa Administrative Code › Agency 193E - Real Estate Commission › Chapter 19 - Requirements for Mandatory Errors and Omissions Insurance › Rule 193E-19.1 - Insurance Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
"Aggregate limit"
is a provision in an
				insurance contract limiting the maximum liability of an insurer for a series of
				losses in a given time period such as the policy term.
"Claims-made"
means policies written under a
				claims-made basis will cover claims made (reported or filed) during the year
				the policy is in force for incidents which occur that year or during any
				previous period the policyholder was insured under the claims-made contract.
				This form of coverage is in contrast to the occurrence policy which covers
				today's incident regardless of when a claim is filed even if it is one or more
				years later.
"Extended reporting period"
is a designated
				period of time after a claims-made policy has expired during which a claim may
				be made and coverage triggered as if the claim had been made during the policy
				period.
"Licensee"
is any active individual broker,
				broker associate, or salesperson; any partnership; or any corporation.
"Per claim limit"
means the maximum limit
				payable, per licensee, for damages arising out of the same error, omission, or
				wrongful act.
"Prior acts coverage"
applies to policies on a
				claims-made versus occurrence basis. Prior acts coverage responds to claims
				which are made during a current policy period, but the act or acts causing the
				claim or injuries for which the claim is made occurred prior to the inception
				of the current policy period.
"Proof of coverage"
means a copy of the actual
				policy of insurance, a certificate of insurance or a binder of
				insurance.
"Retroactive date"
is a provision found in
				many claims-made policies. The policy will not cover claims for injuries or
				damages that occurred prior to the retroactive date even if the claim is first
				made during the policy period.
"Umbrella type coverage"
means a policy that
				provides insurance coverage for the broker or firm and all licensees
				assigned.
Iowa Administrative Code › Agency 193E - Real Estate Commission › Chapter 19 - Requirements for Mandatory Errors and Omissions Insurance › Rule 193E-19.2 - Insurance Criteria-general

Current through Register Vol. 47, No. 3, July 24, 2024
The group coverage insurance policy selected by the commission
				is approved by the Iowa insurance division. As a condition of licensure, all
				active real estate licensees follow Iowa Code section
				543B.47(1) 
				regarding mandatory errors and omissions insurance.
(1) Who submits plan of coverage. The
			 following persons submit proof of insurance when needed or when requested:
a. Any active individual broker, broker
			 associate, broker sole proprietor or salesperson.
b. Any active firm.
Iowa Administrative Code › Agency 193E - Real Estate Commission › Chapter 19 - Requirements for Mandatory Errors and Omissions Insurance › Rule 193E-19.3 - Other Coverage

Current through Register Vol. 47, No. 3, July 24, 2024
Licensees are not mandated to purchase insurance coverage
				through the group policy selected by the commission and may obtain errors and
				omissions coverage independently if the coverage contained in the policy
				complies with the following:
(1) For
			 active individual licensees, all provisions of Iowa Code section
			 543B.47 apply.
If the other coverage is an individual policy, it is each
				licensee's responsibility to provide proof of independently carried insurance
				coverage to the Iowa real estate commission when needed.
(2) For all active partnerships and
			 corporations, otherwise known as firms, all provisions of Iowa Code section
			 543B.47 apply.
a. If the other coverage is an individual
			 policy covering the firm, it is the designated broker's responsibility to
			 provide proof of the firm's independently carried insurance coverage to the
			 Iowa real estate commission when needed.
b. If the other coverage is an umbrella type
			 policy covering the firm and all licensees assigned that perform real estate
			 activities, it is the responsibility of the designated broker of the firm to
			 provide a list of licensees assigned to the firm that are covered under the
			 firm's insurance policy to the Iowa real estate commission when
			 needed.
Iowa Administrative Code › Agency 193E - Real Estate Commission › Chapter 19 - Requirements for Mandatory Errors and Omissions Insurance › Rule 193E-19.4 - Administrative Criteria-general

Current through Register Vol. 47, No. 3, July 24, 2024
(1) It is the responsibility of the insurance
			 carrier or program manager to obtain approval from the Iowa division of
			 insurance for the group policy before inception of the program or policy
			 period.
(2) It is the
			 responsibility of the insurance carrier or program manager to handle
			 administrative duties relative to operation of the program selected by the
			 commission, including billing and premium collection, toll-free access for
			 questions, and claim processing and general informational mailings.
(3) It is the responsibility of the insurance
			 carrier or program manager to send a billing notice to each licensee.
(4) It is the responsibility of the insurance
			 carrier or program manager to collect all premiums due and verify proper
			 payment.
A schedule of licensees who have paid the proper premium and
				who have coverage in force is provided electronically to the commission at
				agreed time intervals.
(5)
			 It is the responsibility of the insurance carrier or program manager to issue
			 individual certificates to each licensee and a master policy to the
			 commission.
(6) It is the
			 responsibility of the insurance carrier or program manager to market its
			 program and to develop and distribute informational brochures about the
			 coverages provided, services available and criteria of Iowa Code section
			 543B.47.
a. The content of any brochures or other
			 literature provided is the responsibility of the insurance carrier or program
			 manager.
b. Advertising materials
			 may be reviewed by the executive officer for the commission or appropriate
			 staff person for content only and not for a legal determination of compliance
			 with Iowa law or division of insurance criteria.
Iowa Administrative Code › Agency 193E - Real Estate Commission › Chapter 19 - Requirements for Mandatory Errors and Omissions Insurance › Rule 193E-19.5 - Commission Responsibilities

Current through Register Vol. 47, No. 3, July 24, 2024
The commission provides the insurance carrier or program
				manager an electronic schedule of all active licensees approximately three
				months in advance of inception (or renewal), or as otherwise agreed upon, which
				the insurance carrier or program manager may use to issue billing
				notices.
(1) The insurance carrier or
			 program manager provides the commission with a schedule of insured licensees.
			 The commission will be responsible for comparing this schedule against its own
			 records to determine which licensees elected not to participate in the state
			 program and those that have failed to furnish the commission with acceptable
			 proof of insurance necessary for continued licensure.
(2) It is the responsibility of the
			 commission to review proof of other insurance received from licensees not
			 participating in the state program and to confirm that the other insurance
			 meets the minimum criteria of these rules.
(3) The commission may mandate that an
			 approved standard form be used to submit proof of other insurance coverage for
			 review.
Iowa Administrative Code › Agency 193E - Real Estate Commission › Chapter 19 - Requirements for Mandatory Errors and Omissions Insurance › Rule 193E-19.6 - Compliance

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The
			 commission needs receipt of proof of errors and omissions insurance from new
			 licensees before the license is issued.
(2) The commission needs receipt of proof of
			 errors and omissions insurance from the applicant before reinstating an expired
			 license.
(3) The commission needs
			 receipt of proof of errors and omissions insurance before reactivating an
			 inactive status license to active status.
(4) Applicants for license renewal need to
			 attest and certify that they have current errors and omissions insurance in
			 effect that meets Iowa insurance criteria.
a.
			 The commission will verify by random audit oron a test basis the insurance
			 compliance attested to by the licensee.
b. Licensees participating in the state group
			 program cannot be audited if commission records indicate the insurance carrier
			 or program manager has submitted current proof of coverage.
c. Licensees with other insurance coverage
			 cannot be audited if commission records indicate the current proof of coverage
			 has been submitted.
d. The
			 commission may randomly audit by any factor as will provide a reasonable
			 sampling given the volume, purpose and scope of audit.
e. The commission may randomly audit as the
			 result of any complaint filed with the commission whether or not adequate
			 insurance coverage was questioned in the complaint.
f. The commission may audit compliance with
			 insurance coverage at any time the commission has reasonable cause to question
			 a licensee's compliance.
Iowa Administrative Code › Agency 193E - Real Estate Commission › Chapter 19 - Requirements for Mandatory Errors and Omissions Insurance › Rule 193E-19.7 - Records and Retention

Current through Register Vol. 47, No. 3, July 24, 2024
It is the responsibility of the licensee to maintain records
				which support the validity of the insurance. Documentation is retained by the
				licensee for a period of three years after the license renewal date or the
				anniversary of the license renewal date.
Iowa Administrative Code › Agency 193E - Real Estate Commission › Chapter 20 - Time-share Filing › Rule 193E-20.1 - Time-share Interval Filing Fees

Current through Register Vol. 47, No. 3, July 24, 2024
Each initial filing made pursuant to Iowa Code sections
				557A.11 and
				557A.12 are accompanied by a
				basic filing fee of $100 plus $25 for every 100 time-share intervals or
				fraction thereof included in the offering.
(1) A registration fee is paid with the
			 filing of an application for registration consolidating additional time-share
			 intervals with a prior registration and a fee of $50 plus an additional fee of
			 $25 for every 100 time-share intervals or fraction thereof included in the
			 offering.
(2) A fee is not charged
			 for amendments to the property report as a result of amendments to the initial
			 filing, unless the commission determines the amendments are made for the
			 purpose of avoiding the payment of a fee, in which event the amendment may be
			 treated as an application for registration consolidating additional time-share
			 intervals with a prior registration.
This rule is intended to implement Iowa Code chapter
				557A.
Iowa Administrative Code › Agency 193E - Real Estate Commission › Chapter 21 - Enforcement Proceedings Against Unlicensed Persons › Rule 193E-21.1 - Civil Penalties Against Unlicensed Persons

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Commission authority.
The commission is authorized to issue a cease and desist order and to impose a
			 civil penalty as authorized by Iowa Code section
			 543B.34(3) 
			 against any person who is not licensed by the commission but who acts in the
			 capacity of a real estate broker or salesperson.
(2)
Unlicensed person.
An
			 "unlicensed person" includes any individual or business entity that has never
			 been licensed by the commission, has voluntarily surrendered a license issued
			 by the commission, or has allowed a license issued by the commission to lapse
			 and the time in which the license could have been reinstated pursuant to rule
			 193E-3.6 (272C,543B) or
			 193E-4.6 (272C,543B) has
			 passed.
Iowa Administrative Code › Agency 193E - Real Estate Commission › Chapter 21 - Enforcement Proceedings Against Unlicensed Persons › Rule 193E-21.2 - Unlawful Practices

Current through Register Vol. 47, No. 3, July 24, 2024
Practices by unlicensed persons which are subject to civil
				penalties include, but are not limited to:
1. Acts or practices by unlicensed persons
			 which need licensure pursuant to Iowa Code sections 543B. 1, 543B.3, and
			 543B.6, which do not fall into the exceptions listed in Iowa Code section
			 543B.7.
2. Violating Iowa Code section
			 543B.1.
3. Violating one or more of the provisions of
			 Iowa Code section 543B.34 as they relate to acts
			 or practices by unlicensed persons.
4. Use or attempted use of a licensee's
			 license or an expired, suspended, revoked, or nonexistent license.
5. Falsely impersonating a licensed real
			 estate professional.
6. Providing
			 false or forged evidence of any kind to the commission in obtaining or
			 attempting to obtain a license.
7.
			 Knowingly aiding or abetting an unlicensed person in any activity identified in
			 this rule.
Iowa Administrative Code › Agency 193E - Real Estate Commission › Chapter 21 - Enforcement Proceedings Against Unlicensed Persons › Rule 193E-21.3 - Investigations

Current through Register Vol. 47, No. 3, July 24, 2024
The commission is authorized by Iowa Code sections
				17A.13(1)  and
				543B.34(3) to conduct such investigations as are needed to determine whether
				grounds exist to issue a cease and desist order and to impose civil penalties
				against an unlicensed person. Such investigations conform to the procedures
				outlined in 193-Chapter 6 and 193E-Chapter 18. Complaint and investigatory
				files concerning unlicensed persons are not confidential except as may be
				provided in Iowa Code chapter 22.
Iowa Administrative Code › Agency 193E - Real Estate Commission › Chapter 21 - Enforcement Proceedings Against Unlicensed Persons › Rule 193E-21.4 - Subpoenas

Current through Register Vol. 47, No. 3, July 24, 2024
Pursuant to Iowa Code sections
				17A.13(1)  and
				543B.34, the commission is
				authorized in connection with an investigation of an unlicensed person to issue
				subpoenas to compel persons to produce books, papers, records and any other
				real evidence, whether or not privileged or confidential under law, which the
				commission deems necessary as evidence in connection with the civil penalty
				proceeding or relevant to the decision of whether to initiate a civil penalty
				proceeding. Commission procedures concerning investigatory subpoenas are set
				forth in 193-Chapter 6.
Iowa Administrative Code › Agency 193E - Real Estate Commission › Chapter 21 - Enforcement Proceedings Against Unlicensed Persons › Rule 193E-21.5 - Notice of Intent to Impose Civil Penalty

Current through Register Vol. 47, No. 3, July 24, 2024
Prior to issuing a cease and desist order and imposing a civil
				penalty against an unlicensed person, the commission provides the unlicensed
				person written notice and the opportunity to request a contested case hearing.
				Notice of the commission's intent to issue a cease and desist order and to
				impose a civil penalty are served by certified mail, return receipt requested,
				or personal service in accordance with Iowa Rule of Civil Procedure 1.305.
				Alternatively, the unlicensed person may accept service personally or through
				authorized counsel. The notice includes the following:
1. A statement of the legal authority and
			 jurisdiction under which the proposed cease and desist order would be issued
			 and the civil penalty would be imposed.
2. Reference to the particular sections of
			 the statutes and rules involved.
3.
			 A short, plain statement of the alleged unlawful practices.
4. The dollar amount of the proposed civil
			 penalty and the nature of the intended order to obligate compliance with Iowa
			 Code chapter 543B.
5. Notice of the
			 unlicensed person's right to a hearing and the time frame in which hearing is
			 requested.
6. The address to which
			 written request for hearing is made.
Iowa Administrative Code › Agency 193E - Real Estate Commission › Chapter 21 - Enforcement Proceedings Against Unlicensed Persons › Rule 193E-21.6 - Requests for Hearings

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
			 Unlicensed persons request a hearing within 30 days of the date the notice is
			 received if served through certified mail, or within 30 days of the date of
			 service if service is accepted or made in accordance with Iowa Rule of Civil
			 Procedure 1.305. A request for hearing is in writing and is deemed made on the
			 date of the nonmetered United States Postal Service postmark or the date of
			 personal service.
(2) If a request
			 for hearing is not timely made, the commission chair or the chair's designee
			 may issue an order imposing a civil penalty and compliance with Iowa Code
			 chapter 543B, as described in the notice. The order may be mailed by regular
			 first-class mail or served in the same manner as the notice of intent to impose
			 civil penalty.
(3) If a request for
			 hearing is timely made, the commission issues a notice of hearing and conducts
			 a contested case hearing in the same manner as applicable to disciplinary cases
			 against licensees. Rules governing such hearings may be found in 193-Chapter 7
			 and 193E-Chapter 18.
(4) An
			 unlicensed person who fails to timely request a contested case hearing has
			 failed to exhaust "adequate administrative remedies" as that term is used in
			 Iowa Code section 17A.19(1).
(5) An unlicensed person who is aggrieved or
			 adversely affected by the commission's final decision following a contested
			 case hearing may seek judicial review as provided in Iowa Code section
			 17A.19.
(6) An unlicensed person may waive the right
			 to hearing and all attendant rights and enter into a consent order imposing a
			 civil penalty and compliance with Iowa Code chapter 543B at any stage of the
			 proceeding upon mutual consent of the commission.
(7) The notice of intent to issue an order
			 and the order are public records available for inspection and copying in
			 accordance with Iowa Code chapter 22. Copies may be published as provided in
			 193-subrule 7.30(2). Hearings are open to the public.
Iowa Administrative Code › Agency 193E - Real Estate Commission › Chapter 21 - Enforcement Proceedings Against Unlicensed Persons › Rule 193E-21.7 - Alternative Procedure

Current through Register Vol. 47, No. 3, July 24, 2024
The commission may, as an alternative to the notice and request
				for hearing procedures described in rules
				193E-21.5 (17A,543B) and
				193E-21.6(17A,543B), issue a statement of charges and notice of hearing in a
				format similar to that used for licensee discipline.
Iowa Administrative Code › Agency 193E - Real Estate Commission › Chapter 21 - Enforcement Proceedings Against Unlicensed Persons › Rule 193E-21.8 - Factors to Consider

Current through Register Vol. 47, No. 3, July 24, 2024
The commission may consider the following when determining the
				amount of civil penalty to impose, if any:
1. Whether the amount imposed will be a
			 substantial economic deterrent to the violation.
2. The circumstances leading to the
			 violation.
3. The severity of the
			 violation and the risk of harm to the public.
4. The economic benefits gained by the
			 violator as a result of noncompliance.
5. The interest of the public.
6. The time lapsed since the unlawful
			 practice occurred.
7. Evidence of
			 reform or remedial actions.
8.
			 Whether the violation is a repeat offense following a prior warning letter or
			 other notice of the nature of the infraction.
9. Whether the violation involved an element
			 of deception.
10. Whether the
			 unlawful practice violated a prior order of the commission, court order, cease
			 and desist agreement, consent order, or similar document.
11. The clarity of the issue
			 involved.
12. Whether the violation
			 was willful and intentional.
13.
			 Whether the unlicensed person acted in bad faith.
14. The extent to which the unlicensed person
			 cooperated with the commission.
Iowa Administrative Code › Agency 193E - Real Estate Commission › Chapter 21 - Enforcement Proceedings Against Unlicensed Persons › Rule 193E-21.9 - Enforcement Options

Current through Register Vol. 47, No. 3, July 24, 2024
In addition, or as an alternative, to the administrative
				process described in these rules, the commission may seek an injunction in
				district court, enter into a consent agreement with the unlicensed person, or
				issue an informal cautionary letter.
Iowa Administrative Code › Agency 193F - Real Estate Appraiser Examining Board › Chapter 1 - Organization and Administration › Rule 193F-1.1 - Description

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The
			 purpose of the real estate appraiser examining board is to administer and
			 enforce the provisions of Iowa Code chapter 543D with regard to the appraisal
			 of real property in the state of Iowa, examination of candidates, issuance of
			 licenses, investigation of alleged violations by licensees, and discipline of
			 those regulated by the board. Through its actions, the board seeks to promote
			 and maintain a high level of public trust in professional appraisal
			 practice.
(2) The board maintains
			 an office at 200 E. Grand Avenue, Suite 350, Des Moines, Iowa 50309.
(3) All board action under Iowa Code chapter
			 543D will be taken under the supervision of the director, as provided in Iowa
			 Code section 543D.23 and these implementing
			 rules.
Iowa Administrative Code › Agency 193F - Real Estate Appraiser Examining Board › Chapter 1 - Organization and Administration › Rule 193F-1.3 - Annual Meeting

Current through Register Vol. 47, No. 3, July 24, 2024
The annual meeting of the board will be the first meeting
				scheduled after April 30. At this time, the chairperson and vice chairperson
				are elected to serve until their successors are elected.
Iowa Administrative Code › Agency 193F - Real Estate Appraiser Examining Board › Chapter 1 - Organization and Administration › Rule 193F-1.4 - Other Meetings

Current through Register Vol. 47, No. 3, July 24, 2024
In addition to the annual meeting, and in addition to other
				meetings, the time and place of which may be fixed by resolution of the board,
				any meeting may be called by the chairperson of the board or by joint call of a
				majority of its members.
Iowa Administrative Code › Agency 193F - Real Estate Appraiser Examining Board › Chapter 1 - Organization and Administration › Rule 193F-1.5 - Executive Officer's Duties

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The executive officer is to cause
			 complete records to be kept of applications for examination and registration,
			 certificates and permits granted, and all necessary information in regard
			 thereto.
(2) The executive officer
			 is to determine when the legal obligations for certification and registration
			 have been satisfied with regard to issuance of certificates or registrations,
			 and the executive officer will submit to the board any questionable
			 application.
(3) The executive
			 officer will keep accurate minutes of the meetings of the board. The executive
			 officer will keep a list of the names of persons issued certificates as
			 certified general real property appraisers, certified residential real property
			 appraisers and associate real property appraisers.