ARC 9251C - Iowa Administrative Rules

Adopted and Filed

Unlawful practices, 21.2

Untitled document

ARC 9251C

REAL ESTATE COMMISSION[193E]

Adopted and Filed

Rulemaking related to enforcement proceedings against unlicensed persons

The Real Estate Commission hereby amends Chapter 21, “Enforcement Proceedings Against Unlicensed Persons,” 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 chapters 17A and 543B.

Purpose and Summary

This rulemaking complies with 2024 Iowa Acts, House File 2326. The amendments remove enforcement language regarding nonlicensed employees performing leasing and rental duties.

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 8860C. 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 rule 193E—21.2(17A,543B) as follows:

193E—21.2(17A,543B) Unlawful practices. Practices by unlicensed persons whichthat are subject to civil penalties include, but are not limited to:

1.Acts or practices by unlicensed persons whichthat need licensure pursuant to Iowa Code sections 543B.1, 543B.3, and 543B.6, whichand 543B.56A and that do not fall into the exceptions listed in Iowa Code section 543B.7.

2. to 7. No change.

[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.