ARC 9250C - Iowa Administrative Rules

Adopted and Filed

Failure to have a brokerage agreement—civil penalty, 18.14(5)

Untitled document

ARC 9250C

REAL ESTATE COMMISSION[193E]

Adopted and Filed

Rulemaking related to investigations and disciplinary procedures

The Real Estate Commission hereby amends Chapter 18, “Investigations and Disciplinary Procedures,” Iowa Administrative Code.

Legal Authority for Rulemaking

This rulemaking is adopted under the authority provided in Iowa Code chapter 17A and section 543B.18.

State or Federal Law Implemented

This rulemaking implements, in whole or in part, Iowa Code section 543B.56A.

Purpose and Summary

The amendment implements Iowa Code section 543B.56A, which imposes a civil penalty for failure to have a brokerage agreement.

Public Comment and Changes to Rulemaking

Notice of Intended Action for this rulemaking was published in the Iowa Administrative Bulletin on February 19, 2025, as ARC 8859C. A public hearing was held on the following date(s):

●March 11, 2025

No public comments were received. No changes from the Notice have been made.

Adoption of Rulemaking

This rulemaking was adopted by the Commission on April 3, 2025.

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.

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).

Effective Date

This rulemaking will become effective on June 18, 2025.

The following rulemaking action is adopted:

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 inclusive 2022that have not heretofore been specified in this rule.

[Filed 4/15/25, effective 6/18/25]

[Published 5/14/25]

EDITOR’S NOTE: For replacement pages for IAC, see IAC Supplement 5/14/25.