Iowa Administrative Code

10.51(1) Limited licenses for vehicle rental companies and counter employees. a. Purpose. The purpose of this subrule is to govern the qualifications of and procedures for the licensing of vehicle rental companies and counter employees and to set out the requirements, procedures …

10.6(1) In order to be issued a producer license, a person must meet the requirements of Iowa Code sections 522B.4 and 522B.5, or section 522B.7, and rule 191—10.5(522B), unless otherwise denied licensure pursuant to Iowa Code section 522B.11 or rule 191—10.20(522B). The initial …

subsection 522B.6(2), the following lines of authority also are available for issuance in Iowa: crop, surety, and reciprocal (any other line of insurance issued in another state and for which Iowa grants authority to sell, solicit or negotiate in this state). [ARC 4910C, IAB 2/12…

met. A renewal term is three years. If not renewed, a producer license automatically terminates on the last day of the month of the initial or renewal term. 10.6(2) An individual producer whose license has expired may seek reinstatement or reissuance as set forth in rule 191—10.9…

10.9(1) A resident producer may reinstate an expired license up to 12 months after the license expiration date by proving that during the applicable continuing education (CE) term the producer met the CE requirements found in 191—Chapter 11 and by paying a reinstatement fee and a…

523A, which regulates the sale of cemetery merchandise, funeral merchandise, funeral services and any combination of those items. [ARC 2258C, IAB 11/25/15, effective 12/30/15; ARC 2730C, IAB 9/28/16, effective 11/2/16]

three statuses: 100.10(1) No license. A person has no current preneed seller or sales agent active or restricted license issued by the commissioner. 100.10(2) Active license. A person has had a license issued by the commissioner, it is current in renewals, and it is otherwise in …

section 523A.501 or a sales agent license as required by Iowa Code section 523A.502, a person must submit an application to the commissioner pursuant to this rule. A person shall not accept any payment or funding, including the assignment of ownership of or proceeds from insuranc…

100.12(1) Information to be reviewed for evaluation of application for a license. In order to determine whether to approve or deny an application for a license, the commissioner shall review all information that is submitted with the application, obtained through criminal history…

100.13(1) Approval of license application. If the commissioner approves a license application, the commissioner shall issue a license, the term of which shall begin the day the license is issued and end April 15. 100.13(2) License denial. The commissioner may deny a license appli…

shall complete a minimum of three credits of continuing education in courses acceptable to the commissioner, which may include independent study courses, pursuant to paragraph 100.14(2)“g.” Completion of the required continuing education is mandatory for the renewal of a sales ag…

100.15(1) Procedure for renewal. The commissioner shall renew preneed sellers’ licenses, pursuant to Iowa Code section 523A.501(7), or sales agents’ licenses, pursuant to Iowa Code section 523A.502(5), for both active and restricted status licenses, if the preneed sellers or sale…

a. Notice of denial. When the commissioner denies an application for a preneed seller or sales agent license, the commissioner shall send a denial letter to the applicant by certified mail, return receipt requested, or in the manner of service of an original notice. The denial le…

100.17(1) Definition. The term “reinstatement” as used in this rule means changing the status of a license from restricted to active. 100.17(2) Application for reinstatement. Any preneed seller or sales agent whose license is restricted may request reinstatement by filing an appl…

100.18(1) Manner of payment. Fees shall be paid by electronic payment as permitted by the commissioner. 100.18(2) Nonrefundable. Fees are not refundable. 100.18(3) Specific fees. Fees are set by Iowa Code chapter 523A and by this chapter. a. The license fee for a preneed seller a…

100.19(1) Creation of master trusts. Pursuant to Iowa Code section 523A.203, a preneed seller may commingle the care funds of multiple beneficiaries in a master trust. When a preneed seller enters into a master trust agreement and establishes a master trust agreement at a financi…

reference. In addition, the following definitions shall apply to this chapter: “Active license” means a license that is in effect and in good standing. “Commissioner” means the Iowa insurance commissioner or staff of the Iowa insurance division as designated by the commissioner. …

defined by Iowa Code section 523A.102, from trusts holding funds which are established pursuant to Iowa Code section 523A.201(8) and which are related to purchase agreements executed on or after July 1, 1987, in accordance with this rule. 100.20(1) Amount of trust interest or inc…

“b”(1) applies to any purchase agreement executed on or after July 1, 2001. [ARC 2258C, IAB 11/25/15, effective 12/30/15]

Iowa Code sections 523A.201(8) and 523A.602(2)“b”(1), for years 1987 and later, shall be the consumer price index for all urban consumers (CPI-U) issued by the U.S. Department of Labor’s Bureau of Labor Statistics. [ARC 2258C, IAB 11/25/15, effective 12/30/15]

100.23(1) In lieu of the trust requirements of Iowa Code section 523A.405, a preneed seller may file with the commissioner a surety bond. The surety bond shall be in the form as directed by the commissioner and as available on the commissioner’s website. 100.23(2) A surety bond c…

100.25(1) Applicability. This rule applies only to storage existing on or before July 1, 2007, under purchase agreements executed between July 1, 1987, and July 1, 2007. 100.25(2) Warehousing not permitted. After July 1, 2007, warehousing shall not be used as an alternative to th…

100.3(1) Contact information. All mailed complaints, inquiries and correspondence shall be sent to Securities and Regulated Industries Bureau, Iowa Insurance Division, 1963 Bell Avenue, Suite 100, Des Moines, Iowa 50315. Telephone inquiries may be made at (877)955-1212. Electroni…

191—100.30(523A) through 191—100.36(523A) are intended to establish certain minimum standards and guidelines of conduct for preneed sellers and sales agents by identifying required actions or practices. Failure to comply with these rules may be grounds for action under Iowa Code …

100.31(1) Advertising. a. A preneed seller or sales agent shall not engage in any act or practice that violates Iowa Code section 523A.702 or 523A.703, whether or not actual harm or injury occurs, including but not limited to making untrue or improbable statements in advertisemen…

100.33(1) By preneed sellers. a. Time for retaining records. If no other legal provision governs record retention, a preneed seller shall keep all records required to be kept by this rule either from the date of the preneed seller’s last examination by the commissioner or for a m…

preneed seller or sales agent changes the funding method for a prepaid purchase agreement, this rule applies. 100.34(1) Change in funding of a purchase agreement. When a purchaser changes the funding source for a purchase agreement from a bank account or trust account to funding …

100.35(1) Sale or transfer of purchase agreements or of business. A preneed seller shall not change ownership of a business, sell all or part of a business, cease business, or sell or transfer purchase agreements as part of the sale of a business or the assets of a business, unle…

191—100.40(523A) Prohibited practices for preneed sellers and sales agents. 100.40(1) The commissioner may impose sanctions as set forth in Iowa Code section 523A.807 and rules 191—100.40(523A) and 191—100.41(523A), or place a license in restricted status, if the commissioner fin…

[ARC 2258C, IAB 11/25/15, effective 12/30/15]

100.41(1) Investigations. The commissioner is authorized by Iowa Code sections 17A.13(1) and 523A.803 to conduct such investigations as the commissioner deems necessary to determine whether any person has violated or is about to violate Iowa Code chapter 523A. The commissioner is…

Code chapter 523I, which regulates burial sites and cemeteries. [ARC 2810C, IAB 11/9/16, effective 12/14/16; ARC 6547C, IAB 10/5/22, effective 11/9/22]

care fund or a perpetual care cemetery is in compliance with Iowa Code chapter 523I and this chapter. Costs of the independent expert review shall be borne by the perpetual care cemetery. [ARC 2810C, IAB 11/9/16, effective 12/14/16] These rules are intended to implement Iowa Code…

incorporated by reference. In addition, the following definitions shall apply: “Division” means the Iowa insurance division, supervised by the commissioner pursuant to Iowa Code section 505.8, in the division’s performance of the duties of the commissioner under Iowa Code chapter…

perpetual care cemetery pursuant to Iowa Code section 523I.213A, the perpetual care cemetery shall pay the division fee of $150. The fee will not be assessed more than once every five years. In addition, the division reserves the right, in special circumstances, or for investigat…

the future, including the death of the purchaser, of a beneficiary, or of a person other than the purchaser or beneficiary, except if it is the sale of a purchase agreement in compliance with Iowa Code chapter 523A and 191—Chapter 100, is the offer to sell insurance, and the ceme…

pursuant to Iowa Code section 523I.309(6) shall include a description of the error, the reason the error occurred, the identity of all parties in interest, the date of the initial interment, the identity of the remains being relocated, the location where the disinterment will occ…

101.6(1) Governmental subdivision deemed trustee. A governmental subdivision holding care fund amounts shall be deemed the trustee of the care fund for purposes of Iowa Code chapter 523I unless a care fund trust agreement provides otherwise. 101.6(2) Governmental subdivision’s ad…

101.7(1) Generally, commingling not permitted. Except as otherwise provided in subrules 101.7(2) and 101.7(3), the assets of a care fund may not be commingled with the assets of another care fund or with any other fund’s assets. 101.7(2) Other care funds. The assets of one or mor…

101.8(1) Purpose. This rule is authorized by Iowa Code section 523I.811(2) and is intended to encourage care fund investments in appreciating assets that will produce higher care fund income levels created by growth in the care fund principal. 101.8(2) Definition of “total return…

101.9(1) Annual reports filed by perpetual care cemeteries. a. Each year between January 1 and April 30, perpetual care cemeteries shall file a complete and accurate annual report for the prior reporting period, in the form and manner required by the division. For purposes of Iow…

Iowa Code chapter 523D, which regulates senior adult congregate living facilities and continuing care retirement communities. This chapter applies to entities of the same kind and in the same manner as set forth in Iowa Code section 523D.2. [ARC 2826C, IAB 11/23/16, effective 12/…

102.2(1) Definitions of terms found in Iowa Code chapter 523D and this chapter. The definitions in Iowa Code chapter 523D are incorporated by this reference. In addition, the following definition shall apply to this chapter and shall provide clarification and additional context t…

102.3(1) Copies of all required forms and instructions are available on the division’s website, www.iid.iowa.gov. 102.3(2) All filings, fees and payments shall be made as directed by the commissioner. Instructions are available at the division’s website, www.iid.iowa.gov. [ARC 28…

102.4(1) Readability. Documents required by Iowa Code sections 523D.3, 523D.5 and 523D.6 to be given to residents, prospective residents, and personal representatives, including disclosure statements and residents’ contracts, shall be drafted in accordance with the following stan…

102.5(1) Certified financial statements, as required by Iowa Code section 523D.3(1)“i,” shall be prepared in accordance with generally accepted accounting principles (GAAP). 102.5(2) Certified financial statements shall be presented in a format that allows financial analysis of t…