Notice of Intended Action

Prelicense and continuing education—brokerage agreements, 16.4(2), 16.5(1), 16.6

Untitled document

ARC 8858C

REAL ESTATE COMMISSION[193E]

Notice of Intended Action

Proposing rulemaking related to prelicense education and continuing education
and providing an opportunity for public comment

The Real Estate Commission hereby proposes to amend Chapter 16, “Prelicense Education and Continuing Education,” Iowa Administrative Code.

Legal Authority for Rulemaking

This rulemaking is proposed under the authority provided in Iowa Code section 543B.18.

State or Federal Law Implemented

This rulemaking implements, in whole or in part, Iowa Code chapters 543B and 17A and 2024 Iowa Acts, House File 2686.

Purpose and Summary

This proposed rulemaking complies with 2024 Iowa Acts, House File2686. The amendmentssetforthsupportingguidancetolicenseesregardingbrokerage agreements.

Regulatory Analysis

A Regulatory Analysis for this rulemaking was published in the Iowa Administrative Bulletin on November 13, 2024. A public hearing was held on the following date(s):

●December 5, 2024

Fiscal Impact

This rulemaking has no fiscal impact to the State of Iowa.

Jobs Impact

After analysis and review of this rulemaking, no impact on jobs has been found.

Waivers

Any person who believes that the application of the discretionary provisions of this rulemaking would result in hardship or injustice to that person may petition the Commission for a waiver of the discretionary provisions, if any, pursuant to 481—Chapter 6.

Public Comment

Any interested person may submit written or oral comments concerning this proposed rulemaking, which must be received by the Commission no later than 4:30 p.m. on March 11, 2025. Comments should be directed to:

Ashley Thompson
Department of Inspections, Appeals, and Licensing
6200 Park Avenue, Suite 100
Des Moines, Iowa 50321
Phone: 515.725.9035
Email: ashley.thompson@dia.iowa.gov

Public Hearing

A public hearing at which persons may present their views orally or in writing will be held as follows:

March 11, 2025
1:30 to 2 p.m.

6200 Park Avenue, Suite 100
Des Moines, Iowa
Via videoconference call:
meet.google.com/zqb-qnex-nyz
Or dial: 510.766.1166
PIN: 607867062

Persons who wish to make oral comments at the public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rulemaking.

Any persons who intend to attend the public hearing and have special requirements, such as those related to hearing or mobility impairments, should contact the Commission and advise of specific needs.

Review by Administrative Rules Review Committee

The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rulemaking by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rulemaking at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).

The following rulemaking action is proposed:

ITEM 1.Amend subrule 16.4(2) as follows:

16.4(2) As a criteria of license renewal in an active status, each real estate licensee completes a minimum of 36 hours of approved programs, courses or activities. The continuing education is completed during the three calendar years of the license term and cannot be carried over to another license renewal term.Licensees who complete continuing education hours in excess of the requirements for renewal may apply up to 50 percent of the required hours to the following renewal period. Licensees may apply a maximum of 18 hours from the previous renewal period. Licensees cannot carry over any hours toward the mandatory eight-hour law update course nor the four-hour ethics course. Approved courses in the following subjects are completed to renew a license to active status:

Law Update8 hours

Ethics4 hours

Electives24 hours

ITEM 2.Amend subrule 16.5(1) as follows:

16.5(1) The commission will verify by random audit or on a test basis the education claimed by the licensee. It is the responsibility of the licensee to maintain records that support the continuing education claimed and the validity of the credits. Documentation is retained by the licensee for a period of threesix years after the effective date of the license renewal.

ITEM 3.Amend rule 193E—16.6(543B) as follows:

193E—16.6(543B) Reactivating an inactive license. A license may be renewed without the necessary continuing education, but it is only renewed to an inactive status. Prior to reactivating a license that has been issued inactive due to failure to submit evidence of continuing education, the licensee submits evidence that all deficient continuing education hours have been completed. The maximum continuing education hours cannot exceed the prescribed number of hours of one license renewal period and are completed during the three calendar years preceding activation of the license.Licensees who complete continuing education hours in excess of the requirements for renewal may apply up to 50 percent of the required hours to the following renewal period. Licensees may apply a maximum of 18 hours from the previous renewal period. Licensees cannot carry over any hours toward the mandatory eight-hour law update course nor the four-hour ethics course.

Real Estate Commission


This Organization is a part of the Professional Licensing and Regulation Bureau

Open For Comments

This notice is open for comments for 17 more day(s). If you'd like to comment, select or click the text you wish to comment on in the document, or click the button below to make a general comment about the document. Comments will be collected through 3/11/2025

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Public Hearing

Official Document

  • Prelicense and continuing education—brokerage agreements, 16.4(2), 16.5(1), 16.6
  • Published on 2/19/2025
  • 12 Views , 0 Comments
  • Notice of Intended Action

The official published PDF of this document is available from the Iowa General Assembly’s Administrative Rules page.

View Official PDF

View the Iowa Administrative Bulletin for 2/19/2025.

View Bulletin

Administrative Rule References

The following administrative rule references were added to this document. You may click a reference to view related notices.

Rule 193E-16.4(2) Rule 193E-16.5(1) Rule 193E-16.6

Keywords

The following keywords and tags were added to this document. You may click a keyword to view related notices.

Reactivating an inactive license
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