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Rule Changes --193E Real Estate Brokers and Salespersons

R97-01


1997
Commission Approved for Notice of Intended Action: March 6, 1997
Filed as Notice of Intended Action: March 21, 1997
Published as ARC 7168A: April 9, 1997
Public Hearing: April 30, 1997
Commission Adopted: June 5, 1997
Adopted Filing Deadline: June 13, 1997
Adopted Published: July 2, 1997)
Effective Date: August 6, 1997)

On August 6, 1997, the following amendments became effective:

IOWA REAL ESTATE COMMISSION [193E]

Pursuant 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These amendments remove outdated language and clarify.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 Amendments to subrule 2.3(1) and 2.3(2) eliminates outdated language and clarifies licensing requirements for out of state firms.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 272C.3(1)"k".

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 commission.

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 license.

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 paragraph "d":

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 committee.

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 disability.

"Licensee" means a person licensed under Iowa Code chapter 543B.

"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 party.

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 impairments.

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 treatment programs.

4.43(4) Eligibility. To be eligible for participation in the impaired licensee recovery program, a licensee must meet all of the following criteria:

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 action.

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.

4.43(10) Confidentiality. The committee is subject to the provisions governing confidentiality established in Iowa Code section 272C.6. Accordingly, information in the possession of the commission or the committee about practitioners in the program shall not be disclosed to the public. Participation in the impaired licensee program under the auspices of the committee is not a matter of public record.

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