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R98-02

1998
Commission Approved for Notice of Intended Action: September 3, 1998
Filed as Notice of Intended Action: September 4, 1998
Published as ARC 8349A: September 23, 1998
Public Hearing: October 13, 1998
Commission Adopted: December 10, 1998
Filed Adopted: December 11, 1998
Adopted Published as ARC #8594A: December 30, 1998
Effective Date: February 3, 1999

REAL ESTATE COMMISSION [193E]

Adopted and Filed

Pursuant to the authority of Iowa Code section 543B.9, the Real Estate Commission hereby amends Chapter 1, "Business Conduct," Chapter 2, "Administrative Procedure," Chapter 4, "Discipline and Hearing Procedure," and Chapter 5, "Public Records and Fair Information Practices," Iowa Administrative Code.

Subrule 1.24(7) clarifies what is considered to be advertising. The amendments to Chapters 2 and 4 outline procedures to be followed when the Commission receives a certificate of noncompliance from the College Student Aid Commission in accordance with 1998 Iowa Acts, Chapter 1081 [Senate File 2170]. The amendment to rule 5.18(17A, 22, 252J) is for clarification and the other amendment to Chapter 5 is to allow the Commission to share information regarding licensees with the College Student Aid Commission.

Notice of Intended Action was published in the Iowa Administrative Bulletin on September 23, 1998, as ARC 8349A. A public hearing was held on October 13, 1998. No one attended and no written comments were received. The amendments remain the same as those published under Notice of Intended Action.

These amendments were adopted by the Real Estate Commission on December 10, 1998.

These amendments shall become effective February 3, 1999.

These amendments are intended to implement Iowa Code chapters 17A, 22, 252J, 543B and 1998 Iowa Acts, Chapter 1081.

The following amendments are adopted.

Item 1. Adopt new subrule 1.24(7) as follows:

1.24(7) Advertising shall include all forms of identification, representation, promotion and solicitation disseminated in any manner and by any means of communication to the public for any purpose related to licensed real estate activity.

Item 2. Adopt new rule 193E--2.4(77GA, CH1081) as follows:

193E--2.4 (77GA,CH 1081) Issuance or renewal of a license denial. The commission shall deny the issuance or renewal of a license upon receipt of a certificate of noncompliance from the college student aid commission according to the procedures set forth in 1998 Iowa Acts, Chapter 1081). In addition to the procedures contained in those sections, this rule shall apply.

2.4(1) The notice required by 1998 Iowa Acts, Chapter 1081, section 6, shall be served by restricted certified mail, return receipt requested, or by personal service in accordance with the Iowa Rules of Civil Procedure. Alternatively, the licensee or applicant may accept service personally or through authorized counsel.

2.4(2) The effective date of the denial of the issuance or renewal of a license, as specified in the notice required by 1998 Iowa Acts, Chapter 1081, section 6, shall be 60 days following service of the notice upon the licensee or applicant.

2.4(3) The commission's executive secretary is authorized to prepare and serve the notice required by 1998 Iowa Acts, Chapter 1081, section 6, upon the licensee or applicant.

2.4(4) Licensees and applicants shall keep the commission informed of all court actions and all college student aid commission actions taken under or in connection with Iowa Code chapter 261 and shall provide the commission copies, within seven days of filing or issuance, of all applications filed with the district court pursuant to 1998 Iowa Acts, Chapter 1081, section 7, all court orders entered in such actions, and withdrawals of certificates of noncompliance by the college student aid commission.

2.4(5) All commission fees required for application, license renewal, or license reinstatement must be paid by licensee or applicant, and all continuing education requirements must be met before a license will be issued, renewed, or reinstated after the commission has denied the issuance or renewal of a license pursuant to Iowa Code chapter 261.

2.4(6) In the event a licensee or applicant timely files a district court action following service of a commission notice pursuant to 1998 Iowa Acts, Senate Chapter 1081, sections 6 and 7, the commission shall continue with the intended action described in the notice until the commission's receipt of a court order lifting the stay, dismissing the action, or otherwise directing the commission to proceed. For purposes of determining the effective date of the denial of the issuance or renewal of a license, the commission shall count the number of days before the action was filed and the number of days after the action was disposed of by the court.

2.4(7) The commission shall notify the licensee or applicant in writing through regular first-class mail, or such other means as the commission deems appropriate in the circumstances, within ten days of the effective date of the denial of the issuance or renewal of a license, and shall similarly notify the licensee or applicant when the license is issued or renewed following the commission's receipt of a withdrawal of the certificate of noncompliance.

Item 3. Amend the implementation sentence at the end of 193E--Chapter 2 as follows:

These rules are intended to implement Iowa Code chapters 543B, 557A, and 17A and Iowa Code section 252J.8, and chapter 261 as amended by 1998 Iowa Acts, Senate File 2170.

Item 4. Adopt new rule 193E--4.44(77GA, CH 1081) as follows:

193E-- 4.44(77GA,CH 1081) Suspension or revocation of a license -- student loan. The commission shall suspend or revoke a license upon receipt of a certificate of noncompliance from the college student aid commission according to the procedures set forth in 1998 Iowa Acts Chapter 1081. In addition to the provisions contained in those sections, this rule shall apply.

4.44(1) The notice required by 1998 Iowa Acts, Acts Chapter 1081, section 6, shall be served by restricted certified mail, return receipt requested, or by personal service in accordance with the Iowa Rules of Civil Procedure. Alternatively, the licensee may accept service personally or through authorized counsel.

4.44(2) The effective date of revocation or suspension of a license, as specified in the notice required by 1998 Iowa Acts, Acts Chapter 1081, section 6, shall be 60 days following service of the notice upon the licensee.

4.44(3) The commission's executive secretary is authorized to prepare and serve the notice required by 1998 Iowa Acts, Acts Chapter 1081, section 6, and is directed to notify the licensee that the license will be suspended, unless the license is already suspended on other grounds. In the event a license is on suspension, the executive secretary shall notify the licensee of the commission's intention to revoke the license.

4.44(4) Licensees shall keep the commission informed of all court actions and all college student aid commission actions taken under or in connection with Iowa Code chapter 261 and shall provide the commission copies, within seven days of filing or issuance, of all applications filed with the district court pursuant to 1998 Iowa Acts, Acts Chapter 1081, section 7, all court orders entered in such actions, and withdrawals of certificates of noncompliance by the college student aid commission.

4.44(5) All commission fees required for license renewal or license reinstatement must be paid by the licensee and all continuing education requirements must be met before a license will be renewed or reinstated after the commission has suspended or revoked a license pursuant to Iowa Code chapter 261.

4.44(6) In the event a licensee timely files a district court action following service of a commission notice pursuant to 1998 Iowa Acts, Chapter 1081, sections 6 and 7, the commission shall continue with the intended action described in the notice until the commission's receipt of a court order lifting the stay, dismissing the action, or otherwise directing the commission to proceed. For purposes of determining the effective date of the denial of the issuance or renewal of a license, the commission shall count the number of days before the action was filed and the number of days after the action was disposed of by the court.

4.44(7) The commission shall notify the licensee or applicant in writing through regular first-class mail, or such other means as the commission deems appropriate in the circumstances, within ten days of the effective date of the suspension or revocation of a license, and shall similarly notify the licensee or applicant when the license is reinstated following the commission's receipt of a withdrawal of the certificate of noncompliance.

Item 5. Amend rule 193E--5.18(17A,22,252J) as follows:

193E-5.18(17A,22,252J) Sharing of information with the child support recovery unit of the department of human services. Notwithstanding any statutory confidentiality provision, the commission may share information with the child support recovery unit of the department of human services through manual or automated means for the sole purpose of identifying registrants licensees or applicants subject to enforcement under Iowa Code Supplement chapter 252J or 598.

Item 6. Adopt new rule 193E--5.19(77GA,CH1081) as follows:

193E--5.19(77GA,CH1081) Sharing of information with the college student aid commission. Notwithstanding any statutory confidentiality provision, the commission may share information with the college student aid commission for the sole purpose of identifying licensees or applicants subject to enforcement under Iowa Code chapter 261 as amended by 1998 Iowa Acts, Chapter 1081.

Item 7. Amend the implementation sentence at the end of 193E--Chapter 5 as follows:

These rules are intended to implement Iowa Code chapters 17A, and 22, and Iowa Code Supplement chapter 252J and chapter 261 as amended by 1998 Iowa Acts, Chapter 1081.

Roger L. Hansen, Executive Secretary
Iowa Real Estate Commission

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