August 6, 1997, the following amendments became effective:
IOWA REAL ESTATE COMMISSION [193E]
to the authority of Iowa Code sections 543B.9, 543B.18, and 272C.4
the Iowa Real Estate Commission hereby amends Chapter
1 "Business Conduct" and Chapter 3, "Prelicense
Education and Continuing Education."
These amendments remove outdated language and clarify. Amendments
to 2.3 eliminate the length of time required to be licensed in
another jurisdiction to qualify to sit for the state portion of
the exam. Amendments to subrule 2.3(1) and 2.3(2) eliminates outdated
language and clarifies licensing requirements for out of state
firms. Amendments to subrule 3.4(4)(c) and 3.6(7)(d) eliminate
the one-time credit for an instructor and provides or 6 hours maximum
credit for an instructor for courses taught during a three year
period. Amendments to subrule 3.6(5)(b) eliminate the requirement
that providers send class lists to the Commission. New rule 4.42
is drafted from model language to implement requirements and procedures
for impaired licensee requirements of Iowa Code Supplement section
Item 1. Amend rule 193E--2.3(543B) as follows:
193E—2.3(543B) Licensees of other jurisdictions. A person
licensed by examination as a real estate salesperson or broker
in a state which does not have a reciprocity agreement with Iowa
may be issued a comparable Iowa license by passing the Iowa portion
of the examination under the following circumstances:
Broker: Has been actively licensed as a broker and the license
has not been inactive or expired for more than six months immediately
preceding the date of the successful examination.
Salesperson: Has been actively licensed as a salesperson and the
license has not been inactive or expired for more than six months
immediately preceding the date of the successful examination.
Item 2. Amend 193E--subrule 2.3(1) as follows:
2.3(1) The commission may enter into specific reciprocity agreements
with individual states and grant an Iowa license to licensees from
those states on the same basis as Iowa licensees are granted licenses
by those states. An Iowa licensee wishing to obtain a license in
any other state should contact that state's licensing board for
information and applications. Addresses and telephone numbers are
available from the commission.
Item 3. Amend 193E--subrule 2.3(2) as follows:
2.3(2) Each applicant under rule 2.3(543B) or under a reciprocity
agreement must apply on forms provided by the commission. The application
shall include but not be limited to a certification of license
from the state of original licensure containing all information
as required by Iowa Code section 543B.21 and an affidavit certifying
that the applicant has reviewed and is familiar with and will be
bound by the Iowa real estate license law and the rules of the
a. Nonresident applicants must comply with Iowa Code section 543B.22.
b. The application for a nonresident license must be accompanied
by an executed irrevocable written consent to suits at law or in
equity as provided in Iowa Code section 543B.23.
c. If the applicant is a broker associate or salesperson of a
nonresident broker, the employing broker must have an Iowa broker
d. If the applicant is employed by or otherwise associated with
a nonresident real estate partnership, association, or corporation,
that partnership, association, or corporation must apply for and
qualify for an Iowa license. No partnership or corporation shall
be granted an Iowa license unless at least one member or officer
of each partnership, association, or corporation applies for and
is granted an Iowa broker license. Every member or officer of the
partnership, association, or corporation and every employee who
acts as a real estate broker or salesperson in Iowa must apply
for and be granted an Iowa license.
Item 4. Rescind 193E--subrule 3.4(4), paragraph "c".
Item 5. Rescind 193E--subrule 3.6(5), paragraph "b" and
reletter the existing paragraph "c" as "b."
Item 6. Amend 193E--subrule 3.6(7) by adding the following new
d. An instructor may receive credit for approved education programs
the instructor teaches, but not more than six hours in any three-year
license renewal period. Instructors may not receive credit for
repeated courses in subsequent years.
Item 7. Adopt new rule 193E--4.43(272C) as follows:
193E--4.43(272C) Impaired licensee review committee. Pursuant
to the authority of Iowa Code section 272C.3(1)"k," the
Iowa real estate commission establishes the impaired licensee review
4.43(1) Definitions. The following definitions are applicable
wherever such terminology is used in the rules regarding the impaired
licensee review committee.
"Committee" means the impaired licensee review committee.
"Contract" means the written document establishing the
terms for participation in the impaired licensee program prepared
by the committee.
"Impairment" means an inability to practice with reasonable
safety and skill as a result of alcohol or drug abuse, dependency,
or addiction, or any neuropsychological or physical disorder or
"Licensee" means a person licensed under Iowa Code chapter
"Self-report" means the licensee 's providing written
or oral notification to the commission that the licensee has been
or may be diagnosed as having an impairment prior to the commission's
receiving a complaint or report alleging the same from a second
4.43(2) Purpose. The impaired licensee review committee evaluates,
assists, monitors, and, as necessary, makes reports to the commission
on the recovery or rehabilitation of practitioners who self-report
4.43(3) Composition of the committee. The chairperson of the commission
shall appoint the members of the committee. The membership of the
committee includes, but is not limited to:
a. One licensee, who holds a license to practice pursuant to Iowa
Code chapter 543B;
b. One public member of the Iowa real estate commission;
c. One licensed professional with expertise in substance abuse/addiction
4.43(4) Eligibility. To be eligible for participation in the impaired
licensee recovery program, a licensee must meet all of the following
a. The licensee must self-report an impairment or suspected impairment
directly to the office of the commission.
b. The licensee must not have engaged in the unlawful diversion
or distribution of controlled substances or illegal substances;
c. At the time of the self-report, the licensee must not already
be under commission order for an impairment or any other violation
of the laws and rules governing the practice of the profession;
d. The licensee has not caused harm or injury to a client;
e. There is currently no commission investigation of the licensee
that the committee determines concerns serious matters related
to the ability to practice with reasonable safety and skill or
in accordance with the accepted standards of care;
f. The licensee has not been subject to a civil or criminal sanction,
or ordered to make reparations or remuneration by a government
or regulatory authority of the United States, this or any other
state or territory or foreign nation for actions that the committee
determines to be serious infractions of the laws, administrative
rules, or professional ethics related to the practice of real estate;
g. The licensee has provided truthful information and fully cooperated
with the commission or committee.
4.43(5) Meetings. The committee shall meet as necessary in order
to review licensee compliance, develop consent agreements for new
referrals, and determine eligibility for continued monitoring.
4.43(6) Terms of participation. A licensee shall agree to comply
with the terms for participation in the impaired licensee program
established in a contract. Conditions placed upon the licensee
and the duration of the monitoring period shall be established
by the committee and communicated to the licensee in writing.
4.43(7) Noncompliance. Failure to comply with the provisions of
the agreement shall require the committee to make immediate referral
of the matter to the commission for purpose of disciplinary action.
4.43(8) Practice restrictions. The committee may impose restrictions
on the licensee's practice as a term of the contract until such
time as it receives a report from an approved evaluator that the
licensee is capable of practicing with reasonable safety and skill.
As a condition of participating in the program, a licensee is required
to agree to restricted practice in accordance with the terms specified
in the contract. In the event that the licensee refuses to agree
to or comply with the restrictions established in the contract,
the committee shall refer the licensee to the commission for appropriate
4.43(9) Limitations. The committee establishes the terms and monitors
a participant's compliance with the program specified in the contract.
The committee is not responsible for participants who fail to comply
with the terms of or successfully complete the impaired licensee
program. Participation in the program under the auspices of the
committee shall not relieve the commission of any duties and shall
not divest the commission of any authority or jurisdiction otherwise
provided. Any violation of the statutes or rules governing the
practice of the licensee's profession by a participant shall be
referred to the commission for appropriate action.