Originally Filed As Part of R00-01
Commission Approved for Notice of Intended Action: December 9,
Filed as Notice of Intended Action: December 24, 1999
Published as: ARC # 9600A January 12, 2000
Public Hearing: February 1, 2000
Commission Adopted: February 22, 2000
Date Filed Adopted: March 3, 2000
Adopted Published: March 22, 2000 ARC # 9739A
70 Day Delay Specific Amendments: April 7, 2000
Specific Amendments Delayed Now Filed As R00-02
Commission Adopted to File Emergency: May 25, 2000
Effective Upon Filing: June 9, 000
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REAL ESTATE COMMISSION [193E]
Adopted and Filed Emergency
to the authority of Iowa Code sections 543B.9 and 543B.18, the
Real Estate Commission hereby amends Chapter 1, "Business
Conduct," Iowa Administrative Code.
to Chapter 1 rescind the definition of "referral
fee" or "finder's fee" in rule 1.1(543B), delete
the introductory paragraph of rule 1.41(543B), and rescind subrules
1.41(3) and 1.41(7).
In compliance with Iowa Code section 17A.4(2), the Commission
finds that notice and public participation are impracticable because
the professional trade association has determined that the rules
The Real Estate
Commission also finds, pursuant to Iowa Code section 17A.5(2)"b"(2),
that the normal effective date of these rules should be waived
and the rules should be made effective June
9, 2000, as this rescission confers a benefit to the public by
removing controversial language from the regulations.
These amendments were published January 12, 2000, under Notice
of Intended Action as ARC 9600A and March 22, 2000, and Adopted
and Filed as ARC 9739A. On April 7, 2000, the Administrative Rules
Review Committee imposed a 70-day delay on these specific amendments.
These amendments are intended to implement Iowa Code sections
543B.9 and 543B.18.
These amendments became effective June 9, 2000.
The following amendments are adopted.
Item 1. Amend
rule 193E--1.1(543B) by rescinding the definition of "referral fee" or "finder's
Item 2. Amend rule 193E--1.41(543B), introductory paragraph, as
Rebates and inducements. With proper written
disclosure, rebates and inducements may be paid to a party to the
transaction, consistent with Iowa Code sections 543B.6 and 543B.34(9a),
provided such party does not engage in any activity that requires
a real estate license. A rebate or inducement shall not be made
without the required written disclosures to the parties as provided
Item 3. Rescind and reserve subrules 1.41(3) and 1.41(7).