Notice of Intended Action
Failure to have a brokerage agreement—civil penalty, 18.14(5)
ARC 8859C
REAL ESTATE COMMISSION[193E]
Notice of Intended Action
Proposing rulemaking related to investigations and disciplinary procedures
and providing an opportunity for public comment
The Real Estate Commission hereby proposes to amend Chapter 18, “Investigations and Disciplinary Procedures,” 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.
Purpose and Summary
The proposed amendment implements Iowa Code section 543B.56A, which imposes a civil penalty for failure to have a brokerage agreement.
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 18.14(5) as follows:
18.14(5) Violations for which civil penalties may be imposed. The following is a nonexclusive list of violations upon which civil penalties may be imposed:
a. to r. No change.
s. Failing to have a brokerage agreement signed as outlined in Iowa Code section 543B.56A.
s. t.Violating any of the remaining provisions in 193E—Chapters 1 through inclusive2022that have not heretofore been specified in this rule.
Real Estate Commission
- 200 E Grand Ave
- Ste 300
- Des Moines, IA 50309
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Closed For Comments
This notice is now closed for comments. Collection of comments closed on 3/11/2025.
Official Document
- Failure to have a brokerage agreement—civil penalty, 18.14(5)
- Published on 2/19/2025
- 222 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 the Iowa Administrative Bulletin for 2/19/2025.
Administrative Rule References
The following administrative rule references were added to this document. You may click a reference to view related notices.
Rule 193E-18.14(5) Rule 193E-6.1(1) Rule 193E-6.1(2)Iowa Code References
The following Iowa code references were added to this document. You may click a reference to view related notices.
Iowa Code 543B.46 Iowa Code 543B.56AKeywords
The following keywords and tags were added to this document. You may click a keyword to view related notices.
Violations for which civil penalties may be imposedAbout
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