193E--1.1(543B) (Add New Definition in Alphabetical Order):

"Firm" means a licensed partnership, association, or corporation.

193E--1.24(543B) (New Subrules)

1.24(3) A licensed firm advertising or marketing on a site on the Internet, that is either owned by or controlled by the licensed firm, must include on each page of the site on which the firm's advertisement or information appears the following data:

a. The firm's name as registered with the commission (abbreviations are not permitted);
b. The city and state in which the firm's main office is located; and
c. The states in which the firm holds a real estate brokerage license.

1.24(4) A licensee advertising or marketing on a site on the Internet, that is either owned by or controlled by the licensee, must include on each page of the site on which the licensee's advertisement or information appears the following data:

a. The licensee's name;
b. The name of the firm with which the licensee is affiliated as that firm name is registered with the commission (abbreviations are not permitted);
c. The city and state in which the licensee's office is located; and
d. The states in which the licensee holds a real estate broker or salesperson license.

1.24(5) A firm using any Internet electronic communication for advertising or marketing, including but not limited to E-mail, E-mail discussion groups, and bulletin boards, must include on the first or last page of all communications the following data:

a. The firm's name as registered with the commission
(abbreviations are not permitted);
b. The city and state in which the firm's main office is located; and
c.The states in which the firm holds a real estate brokerage license.

1.24(6) A licensee using any Internet electronic communication for advertising or marketing, including but not limited to E-mail, E-mail discussion groups, and bulletin boards, must include on the first or last page of all communications the following data:

a. The licensee's name;
b. The name of the firm with which the licensee is affiliated as that firm name is registered with the commission
(abbreviations are not permitted);
c. The city and state in which the licensee's office is located; and
d. The states in which the licensee holds a real estate broker or salesperson license.

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.

193E Chapter 2

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.

Implementation sentence at the end of 193E--Chapter 2:

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

193E Chapter 4

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.

193E Chapter 5

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 licensees or applicants subject to enforcement under Iowa Code chapter 252J or 598.

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.

Implementation sentence at the end of 193E--Chapter 5

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

CHAPTER 8--WAIVERS OR VARIANCES FROM RULES

193E—8.1(543B) Applicability. This chapter governs waivers or variances from commission rules in the following circumstances: The commission has the exclusive authority to promulgate the rule from which waiver or variance is requested or has final decision-making authority over a contested case in which waiver or variance is requested; and no statute or rule otherwise controls the granting of a waiver or variance from the rule for which the waiver or variance is requested.

8.1(1) Commission's authority. The commission may grant a waiver of, or variance from, all or part of a rule, upon the criteria described in rule 8.2(543B).

8.1(2) Compliance with statute. No waiver or variance may be granted from a requirement which is imposed by statute. Any waiver or variance must be consistent with statute.

193E—8.2(543B) Criteria. A waiver or variance under this chapter may be granted only upon a showing that:

Substantially equal protection of health and safety will be afforded by a means other than that prescribed in the particular rule for which the variance or waiver is requested;

2. The waiver or variance will not harm other persons and will not adversely affect the public interest;

Because of special circumstances, either the requester is unable to comply with the particular rule without undue hardship or compliance with the particular rule would be unnecessarily and unreasonably costly and serve no public benefit; and

Provision of a waiver or variance under the circumstances would not adversely impact an overall goal of uniform treatment of all licensees.

193E—8.3(543B) Request. A request for a waiver or variance must be submitted in writing to the commission as follows:

8.3(1) License application. If the request relates to an application for a license, the request shall be made in accordance with the filing requirements for the license in question.

8.3(2) Contested case. If the request relates to a pending contested case, the request shall be filed in the contested case proceeding.

8.3(3) Other. If the request does not relate to a particular license and is not related to a pending contested case, the request may be submitted to the commission's executive secretary.

193E—8.4(543B) Elements. A request for a waiver or variance shall include the following information where applicable:

1. The name, address, and telephone number of the person requesting the waiver or variance and the person's representative, if any.

2. The specific rule from which a waiver or variance is requested.

3. The nature of the waiver or variance requested, including any alternative means or other proposed condition or modification proposed to achieve the purpose of the rule.

4. An explanation of the reason for requesting the waiver or variance, including all material facts relevant to granting of the waiver or variance in question.

5. A description of any prior contact between the commission and the requester relating to the regulated activity or license affected by the proposed waiver or variance, including a description of each affected license held by the requester, any notices of violation, contested case hearings, or investigative reports relating to the regulated activity or license within the last five years.

6. The name, address, and telephone number of any public agency or political subdivision which also regulates the activity in question or which might be affected by the granting of a waiver or variance.

7. Any information known to the requester regarding the commission's treatment of similar cases.

8. The name, address, and telephone number of any person with knowledge of the relevant facts relating to the proposed waiver or variance.

9. Any necessary releases of information authorizing persons with knowledge to disclose relevant information to the commission.

193E—8.5(543B) Ruling. The commission shall respond in writing to all requests. The ruling shall include the reason for granting or denying the request and, if approved, the time period during which the waiver or variance is effective. The commission may condition the granting of the waiver or variance on such reasonable conditions as appropriate to achieve the objectives of the particular rule in question through alternative means.

193E—8.6(543B) Public availability. All final rulings in response to requests for waivers or variances shall be indexed and available to members of the public at the commission office.

193E—8.7(543B) Voiding or cancellation. A waiver or variance is void if the material facts upon which the request is based are not true or if material facts have been withheld. The commission may at any time cancel a waiver or variance upon appropriate notice and hearing if the commission finds that the facts as stated in the request are not true, material facts have been withheld, the alternative means of compliance provided in the waiver or variance has failed to achieve the objectives of the statute, or the requester has failed to comply with conditions set forth in the waiver or variance approval.

193E—8.8(543B) Violations. Violation of conditions in the waiver or variance approval is the equivalent of violation of the particular rule for which the waiver or variance is granted and is subject to the same remedies or penalties.

193E—8.9(543B) Appeals. Any request for an appeal from a decision granting or denying a waiver or variance shall be in accordance with the procedures provided in Iowa Code chapter 17A and rules of the real estate commission. An appeal shall be taken within 30 days of the issuance of the ruling in response to the request unless a contrary time is provided by rule or statute.

These rules are intended to implement Iowa Code chapter 543B.