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Rule Changes --193E Real Estate Brokers and Salespersons

2002 R02-01

Commission Approved for Notice of Intended Action: June 6, 2002
Filed as Notice of Intended Action: June 7, 2002
Published as: ARC# 1738B June 26, 2002
Administrative Rules Review Committee: July 9, 2002
Public Hearing: July 16, 2002
Comments Deadline: July 16, 2002
Commission Adopted: August 8, 2002
Date Filed Adopted: August 16, 2002
Adopted Published: ARC #1921B September 4, 2002
Effective Date: Effective date October 9, 2002

ARC# 1738B

REAL ESTATE COMMISSION [193E]
Notice of Intended Action

Twenty-five interested persons, a governmental subdivision, an agency or association of 25 or more persons may demand an oral presentation hereon as provided in Iowa Code section 17A.4(1)”b.”

Notice is also given to the public that the Administrative Rules
Review Committee may, on its own motion, or on written request by
any individual or group, review this proposed action under section
17A.8(6) at a regular or special meeting where the interested
persons may be heard.

Pursuant to authority of Iowa Code Sections 543B.9, 543B.18, 543B.47, and 543B.55, the Iowa Real Estate Commission hereby gives notice of Intended Action to rescind Chapter 1 “Business Conduct” and replace with new Chapter 1 “Administration;” rescind Chapter 2 “Administrative Procedure” and replace with new Chapter 2 “Definitions;” rescind Chapter 3 “Prelicense and Continuing Education” and replace with new Chapter 3 “Broker License;” rescind Chapter 4 “Investigations and Disciplinary Procedures” and replace with new Chapter 4 “Salesperson License;” rescind Chapter 5 “Public Records and Fair Information Practices” and replace with new Chapter 5 “Licensees of Other Jurisdictions and Reciprocity;” rescind Chapter 6 “Requirements for Mandatory Errors and Omissions Insurance” and replace with new Chapter 6 “Terminating and Transfer;” rescind Chapter 7 “Declaratory Orders”; and replace with new Chapter 7 “Offices and Management;” rescind Chapter 8 “Waiver and Variances From Rules” and replace with new Chapter 8 “Closing Real Estate Business;” and to adopt new Chapter 9 “Fees;” Chapter 10 “Advertising;” Chapter 11 “Brokerage Agreements and Listings;” Chapter 12 “Disclosure of Relationships;” Chapter 13 “Trust Accounts and Closing;” Chapter 14 “Seller Property Condition Disclosure;” Chapter 15 “Property Management;” Chapter 16 “Prelicense Education and Continuing Education;” Chapter 17 “School, Course, and Instructor Approvals;” Chapter 18 “Investigations and Disciplinary Procedures;” Chapter 19 “Requirements for Mandatory Errors and Omissions Insurance;” and Chapter 20 “Time-Share Filing,” Iowa Administrative Code.

Rescinded chapters 1, 2, 3, 4, and 6 contain rules that are identical or similar to rules that were sorted, organized, clarified and included in proposed new chapters.

Rescinded chapters 5, 7, and 8 are chapters that contain rules that are identical or similar to rules contained in rules for the Professional Licensing and Regulation Division.

Proposed Chapter 1 contains clarified and organized rules that are identical or similar to related rules in rescinded chapters 2, 4, 7, and 8 covering commission administration and referencing topics covered by division rules to the corresponding division chapter.

Proposed Chapter 2 contains definitions that are identical or similar to definitions in rescinded chapters 1 and 2. Changes were for clarification.

Proposed Chapter 3 contains rules that organize and outline the requirements for obtaining a broker license. Contains rules that are identical or similar to related rules in rescinded chapters 2 and 3. Changes were for clarification.

Proposed Chapter 4 contains rules that organize and outline the requirements for obtaining a salesperson license. Contains rules that are identical or similar to related rules in rescinded chapters 2 and 3. Changes were for clarification.

Proposed Chapter 5 contains rules that organize and outline the requirements for non Iowa residents obtaining a real estate license. Contains rules that are identical or similar to related rules in rescinded chapters 2 and 3. Changes were for clarification.

Proposed Chapter 6 is a new chapter that clarifies established procedures to follow when terminating employment, immediate transfer of license, and authorization to request a license issued.

Proposed Chapter 7 contains rules that organize rules relating to various licensing, office, and management requirements. Contains rules identical or similar to related rules in rescinded chapters 1 and 2. Changes were for clarification and the outdated time frame requirement was removed from 7.7(543B).

Proposed Chapter 8 is a new chapter that establishes procedures for closing a real estate business.

Proposed Chapter 9 contains rules that organize rules relating to various license fees. Contains rules identical or similar to related rules in rescinded chapter 2. Changes were for clarification and to reflect the present broker, salesperson, and firm license fees were increased by $50 for a three-year license. The $30 additional license, branch license and trade name license were increased $20 for a three-year license. A new $25 license certification fee was added.

Proposed Chapter 10 contains rules that organize rules relating to advertising requirements. Contains rules identical or similar to related rules in rescinded chapter 1. Changes were for clarification.

Proposed Chapter 11 contains rules that organize rules relating to various listings and brokerage agreements. Contains rules identical or similar to related rules in rescinded chapter 1. Changes were for clarification.

Proposed Chapter 12 contains rules that organize rules relating to agency and disclosure requirements. Contains rules identical or similar to related rules in rescinded chapter 1. Changes were for clarification.

Proposed Chapter 13 contains rules that organize rules relating to trust account and closing requirements. Contains rules identical or similar to related rules in rescinded chapter 1. Changes were for clarification.

Proposed Chapter 14 contains rules that organize rules relating to the seller property disclosure requirements. Contains rules identical or similar to related rules in rescinded chapter 1. Changes were for clarification.

Proposed Chapter 15 contains rules that organize rules relating to property management. Contains rules identical or similar to related rules in rescinded chapter 1. Changes were for clarification.

Proposed Chapter 16 contains rules that organize rules relating to prelicense and continuing education requirements. Contains rules identical or similar to related rules in rescinded chapter 3. Changes were for clarification.

Proposed Chapter 17 contains rules that organize rules relating to real estate school, course, and instructor approval requirements and application. Contains rules identical or similar to related rules in rescinded chapter 3. Changes were for clarification.

Proposed Chapter 18 contains investigation and disciplinary procedure rules specific to real estate commission to supplement division chapter 7. Contains rules identical or similar to related rules in rescinded chapter 4. Changes were for clarification.

Proposed Chapter 19 contains rules that clarify the requirements for the mandatory errors and omissions insurance requirement. Changes were made to for clarification and to comply with changes in legislative changes to Iowa Code section 543B.47. Contains rules identical or similar to related rules in rescinded chapter 6.

Proposed Chapter 20 contains the identical timeshare filing rule in rescinded chapter 2.

Consideration will be give to all written suggestions or comments on the proposed new chapters received on or before July 16, 2002. Comments should be addressed to: Roger Hansen, Iowa Real Estate Commission, 1918 SE Hulsizer, Ankeny, Iowa 50021, or faxed to (515) 281-7411. E-Mail may be sent to: Roger.Hansen@comm7.state.ia.us

These new chapters are intended to implement Iowa Code chapters 17A, 272C, 543B, 543C, 557A, and 558A.

The following new chapters are proposed.

View all new chapters filed Notice of Intended Action

ARC 1921B
REAL ESTATE COMMISSION[193E]
Adopted and Filed

Pursuant to the authority of Iowa Code sections 543B.9, 543B.18, 543B.47, and 543B.55, the Real Estate Commission hereby rescinds Chapters 1 to 8 and adopts new Chapter 1, “Administration”; Chapter 2, “Definitions”; Chapter 3, “Broker License”; Chapter 4, “Salesperson License”; Chapter 5, “Licensees of Other Jurisdictions and Reciprocity”; Chapter 6, “Termination and Transfer”; Chapter 7, “Offices and Management”; Chapter 8, “Closing a Real Estate Business”; Chapter 9, “Fees”; Chapter 10, “Advertising”; Chapter 11, “Brokerage Agreements and Listings”; Chapter 12, “Disclosure of Relationships”; Chapter 13, “Trust Accounts and Closing”; Chapter 14, “Seller Property Condition Disclosure”; Chapter 15, “Property Management”; Chapter 16, “Prelicense Education and Continuing Education”; Chapter 17, “Approval of Schools, Courses, and Instructors”; Chapter 18, “Investigations and Disciplinary Procedures”; Chapter 19, “Requirements for Mandatory Errors and Omissions Insurance”; and Chapter 20, “Time–Share Filing,” Iowa Administrative Code.
Rescinded Chapters 1, 2, 3, 4, and 6 contain rules that are identical or similar to rules that were sorted, organized, clarified and included in new chapters.

Rescinded Chapters 5, 7, and 8 contain rules that are identical or similar to rules of the Professional Licensing and Regulation Division.

Chapter 1 contains clarified and organized rules that are identical or similar to related rules in rescinded Chapters 2, 4, 7, and 8 covering Commission administration and providing cross references to applicable chapters of the Professional Licensing and Regulation Division.

Chapter 2 contains definitions that are identical or similar to definitions in rescinded Chapters 1 and 2. Changes were made for clarification.

Chapter 3 contains rules that organize and outline the requirements for obtaining a broker license. Chapter 4 contains rules that organize and outline the requirements for obtaining a salesperson license. Chapter 5 contains rules that organize and outline the requirements for non–Iowa residents obtaining a real estate license. The chapters contain rules that are identical or similar to related rules in rescinded Chapters 2 and 3. Changes were made for clarification.

Chapter 6 is a new chapter that clarifies established procedures to follow when terminating employment, for immediate transfer of license, and for authorization to request that a license be issued.

Chapter 7 contains rules relating to various licensing, office, and management requirements. The rules are identical or similar to related rules in rescinded Chapters 1 and 2. Changes were made for clarification, and the outdated time frame requirement is not included in rule 7.7(543B).

Chapter 8 establishes procedures for closing a real estate business.

Chapter 9 contains rules relating to various license fees. The rules are identical or similar to related rules in rescinded Chapter 2. Changes were made for clarification and to reflect that the present broker, salesperson, and firm license fees were increased by $50 for a three–year license. The $30 fees for an additional license, a branch license and a trade name license were each increased $20 for a three–year license. A new $25 license certification fee was added.

Chapter 10 contains rules relating to advertising requirements. Chapter 11 contains rules relating to various listings and brokerage agreements. Chapter 12 contains rules relating to agency and disclosure requirements. Chapter 13 contains rules relating to trust account and closing requirements. Chapter 14 contains rules relating to the seller property disclosure requirements. Chapter 15 contains rules relating to property management. The chapters contain rules identical or similar to related rules in rescinded Chapter 1. Changes were made for clarification.


Chapter 16 contains rules relating to prelicense and continuing education requirements. Chapter 17 contains rules relating to real estate school, course, and instructor approval requirements and application. The rules are identical or similar to related rules in rescinded Chapter 3. Changes were made for clarification.


Chapter 18 contains investigation and disciplinary procedure rules specific to the Real Estate Commission to supplement 193—Chapter 7. The rules are identical or similar to related rules in rescinded Chapter 4. Changes were made for clarification.


Chapter 19 contains rules that clarify the mandatory errors and omissions insurance requirement. Changes were made for clarification and to comply with legislative changes to Iowa Code section 543B.47. The rules are identical or similar to related rules in rescinded Chapter 6.


Chapter 20 contains a time–share filing rule identical to that of rescinded Chapter 2.

Notice of Intended Action was published in the Iowa Administrative Bulletin on June 26, 2002, as ARC 1738B.A public hearing was held on July 16, 2002, from 10 to10:30 a.m. in the Professional Licensing Division Conference Room, Second Floor, 1918 S.E. Hulsizer, Ankeny, Iowa. No one appeared to comment. No other written or oral comments were received. This amendment is identical to that published under Notice of Intended Action.

The Commission adopted these rules during a telephone conference call meeting on August 8, 2002.

These rules are intended to implement Iowa Code chapters 17A, 252J, 261, 272C, 543B, 543C, 557A, and 558A.

These rules shall become effective October 9, 2002.

EDITOR’S NOTE: Pursuant to recommendation of the Administrative Rules Review Committee published in the Iowa Administrative Bulletin, September 10, 1986, the text of this amendment [rescind Chs 1 to 8; adopt Chs 1 to 20] is being omitted. This amendment is identical to that published under Notice as ARC 1738B, IAB 6/26/02.

[Filed 8/9/02, effective 10/9/02]
[Published 9/4/02]

[For replacement pages for IAC, see IAC Supplement 9/4/02.]

View all new chapters filed Adopted

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