Prelicense and continuing education—brokerage agreements, 16.4(2), 16.5(1), 16.6
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 |
Public Hearing
A public hearing at which persons may present their views orally or in writing will be held as follows:
March 11, 2025 |
6200 Park Avenue, Suite 100 |
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.
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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The official published PDF of this document is available from the Iowa General Assembly’s Administrative Rules page.
View the Iowa Administrative Bulletin for 2/19/2025.
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-16.6The following keywords and tags were added to this document. You may click a keyword to view related notices.
Reactivating an inactive license© 2025 State of Iowa | Privacy Policy