Iowa Administrative Code

against a licensee on any of the following grounds: 1. All grounds set forth in Iowa Code sections 543B.29, 543B.34 and 543B.61. 2. A violation of the rules of professional and business conduct described in 481—Chapters 2006 through 2008, 2010 through 2015 and 2019. 3. Failure to…

licensee disciplinary investigation upon the commission’s receipt of information suggesting that a licensee may have violated a law or rule enforced by the commission which, if true, would constitute a ground for licensee discipline. [ARC 7780C, IAB 4/17/24, effective 5/22/24; Ed…

information sources may form the basis for the initiation of a disciplinary investigation or proceeding: 1. News articles or other media sources. 2. Reports filed with the commission by the commissioner of insurance pursuant to Iowa Code section 272C.4(9). 3. Complaints filed wit…

commission, or if a member of the commission has a conflict of interest in any disciplinary matter before the commission, that member abstains from participation in any consideration of the complaint and from participation in any disciplinary hearing that may result from the comp…

by mail, email, online via the commission’s website, or personal delivery by any member of the public with knowledge of possible law or rule violations by licensees. Timely filing is encouraged to ensure the availability of witnesses and to avoid initiation of an investigation un…

commission or a complaint initiated by the commission, all complaint files are tracked by a case numbering system. Complaints are assigned case numbers in chronological order with the first two digits representing the year in which the complaint was received or initiated, and the…

and investigative information received or created by the commission is privileged and confidential pursuant to Iowa Code section 272C.6(4) and as such is not subject to discovery, subpoena, or other means of legal compulsion for release to any person except as provided in Iowa Co…

2018.9(1) Disciplinary committee. The commission chair may appoint two members of the commission to serve on a commission disciplinary committee. The chair may appoint a standing committee or may appoint different members to serve on the committee on an as-needed basis. The disci…

“Aggregate limit” is a provision in an insurance contract limiting the maximum liability of an insurer for a series of losses in a given time period such as the policy term. “Claims-made” means policies written under a claims-made basis will cover claims made (reported or filed) …

commission is approved by the Iowa insurance division. As a condition of licensure, all active real estate licensees follow Iowa Code section 543B.47(1) regarding mandatory errors and omissions insurance. 2019.2(1) Who submits plan of coverage. The following persons submit proof …

the group policy selected by the commission and may obtain errors and omissions coverage independently if the coverage contained in the policy complies with the following: 2019.3(1) For active individual licensees, all provisions of Iowa Code section 543B.47 apply. If the other c…

2019.4(1) It is the responsibility of the insurance carrier or program manager to obtain approval from the Iowa division of insurance for the group policy before inception of the program or policy period. 2019.4(2) It is the responsibility of the insurance carrier or program mana…

program manager an electronic schedule of all active licensees approximately three months in advance of inception (or renewal), or as otherwise agreed upon, which the insurance carrier or program manager may use to issue billing notices. 2019.5(1) The insurance carrier or program…

2019.6(1) The commission needs receipt of proof of errors and omissions insurance from new licensees before the license is issued. 2019.6(2) The commission needs receipt of proof of errors and omissions insurance from the applicant before reinstating an expired license. 2019.6(3)…

which support the validity of the insurance. Documentation is retained by the licensee for a period of three years after the license renewal date or the anniversary of the license renewal date. [ARC 7781C, IAB 4/17/24, effective 5/22/24; Editorial change: IAC Supplement 6/10/26] …

sections 557A.11 and 557A.12 are accompanied by a basic filing fee of $100 plus $25 for every 100 time-share intervals or fraction thereof included in the offering. 2020.1(1) A registration fee is paid with the filing of an application for registration consolidating additional ti…

2021.1(1) Commission authority. The commission is authorized to issue a cease and desist order and to impose a civil penalty as authorized by Iowa Code section 543B.34(3) against any person who is not licensed by the commission but who acts in the capacity of a real estate broker…

penalties include but are not limited to: 1. Acts or practices by unlicensed persons that need licensure pursuant to Iowa Code sections 543B.1, 543B.3, 543B.6, and 543B.56A and that do not fall into the exceptions listed in Iowa Code section 543B.7. 2. Violating Iowa Code section…

and 543B.34(3) to conduct such investigations as are needed to determine whether grounds exist to issue a cease and desist order and to impose civil penalties against an unlicensed person. Such investigations conform to the procedures outlined in 481—Chapter 503 and 481—Chapter 2…

commission is authorized in connection with an investigation of an unlicensed person to issue subpoenas to compel persons to produce books, papers, records and any other real evidence, whether or not privileged or confidential under law, which the commission deems necessary as ev…

and imposing a civil penalty against an unlicensed person, the commission provides the unlicensed person written notice and the opportunity to request a contested case hearing. Notice of the commission’s intent to issue a cease and desist order and to impose a civil penalty are s…

2021.6(1) Unlicensed persons request a hearing within 30 days of the date the notice is received if served through certified mail, or within 30 days of the date of service if service is accepted or made in accordance with Iowa Rule of Civil Procedure 1.305. A request for hearing …

request for hearing procedures described in rules 481—2021.5(17A,543B) and 481—2021.6(17A,543B), issue a statement of charges and notice of hearing in a format similar to that used for licensee discipline. [ARC 7783C, IAB 4/17/24, effective 5/22/24; Editorial change: IAC Suppleme…

determining the amount of civil penalty to impose, if any: 1. Whether the amount imposed will be a substantial economic deterrent to the violation. 2. The circumstances leading to the violation. 3. The severity of the violation and the risk of harm to the public. 4. The economic …

process described in these rules, the commission may seek an injunction in district court, enter into a consent agreement with the unlicensed person, or issue an informal cautionary letter. [ARC 7783C, IAB 4/17/24, effective 5/22/24; Editorial change: IAC Supplement 6/10/26] Thes…

estate wholesaling or represent a nonlicensed wholesaler in a residential real estate transaction provided proper disclosure is made under the guidelines in Iowa Code section 543B.6A. [ARC 9252C, IAB 5/14/25, effective 6/18/25; Editorial change: IAC Supplement 6/10/26]

parties to the residential real estate wholesaling transaction prior to executing a contract to purchase or conveying an equitable interest to another party, including but not limited to the following: 2022.2(1) The legal identities of all parties to the transaction, including th…

disclosures or licensing requirements shall be subject to a civil fine of up to $10,000 or 10 percent of the sale price for each transaction in violation of Iowa Code section 543B.6A, and the seller or buyer may cancel the contract at any time prior to closing without penalty and…

203.1(1) Each employer shall post and keep posted a notice or notices informing employees of the protections and obligations provided for in the Act, and that for assistance and information, including copies of the Act and of specific safety and health standards, employees should…

employees concerning matters of occupational safety and health to the extent that the compliance safety and health officers deem necessary for the conduct of an effective and thorough inspection. During the course of an inspection, any employee shall be afforded an opportunity to…

203.11(1) The civil penalties proposed by the labor commissioner on or after June 1, 2025, are as follows: a. Willful violation. The penalty for each willful violation under Iowa Code section 88.14(1) shall not be less than $11,823 and shall not exceed $165,514. b. Repeated viola…

representative of employees, the labor commissioner or the commissioner’s designee may hold an informal conference for the purpose of discussing any issues raised by an inspection, citation, notice of proposed penalty, or notice of intention to contest. The settlement of any issu…

203.13(1) An employer may file a petition for modification of abatement date when the employer has made a good faith effort to comply with the abatement requirements of a citation, but such abatement has not been completed because of factors beyond its reasonable control. 203.13(…

203.19(1) Scope and application. This rule applies to employers who receive a citation for a violation of the Iowa occupational safety and health Act. 203.19(2) Definitions. “Abatement” means action by an employer to comply with a cited standard or regulation or to eliminate a re…

203.2(1) Upon a refusal to permit a compliance safety and health officer, in the exercise of official duties, to enter without delay and at reasonable times any place of employment or any place therein, to inspect, to review records or to question any employer, owner, operator, a…

203.20(1) No citation may be issued to an employer because of a rescue activity undertaken by an employee of that employer with respect to an individual in imminent danger unless: a. The employee is designated or assigned by the employer to have responsibility to perform or assis…

203.22(1) Training format. The employer may present the training program to the employee in any format; however, the employer shall preserve a written summary and synopsis of the training, a recording of an oral presentation, or a video recording of an audio-video presentation of…

be applicable to the terms when used in this chapter. As used in this chapter unless the context clearly requires otherwise: “Act” means the Iowa occupational safety and health Act of 1972, Iowa Code chapter 88. “Compliance safety and health officer” means a person authorized by …

person shall not imply or be conditioned upon a waiver of any cause of action, citation or penalty under the Act. Compliance safety and health officers are not authorized to grant any such waiver. This rule is intended to implement Iowa Code section 88.6(1). [ARC 8112C, IAB 7/10/…

203.4(1) Advance notice of inspections may not be given, except in the following situations: a. In cases of apparent imminent danger, to enable the employer to abate the danger as quickly as possible; b. In circumstances where the inspection can most effectively be conducted afte…

203.5(1) At the beginning of an inspection, compliance safety and health officers shall present their credentials to the owner, operator or agent in charge at the establishment; explain the nature and purpose of the inspection; and indicate generally the scope of the inspection a…

203.6(1) Compliance safety and health officers shall be in charge of inspections and questioning of persons. A representative of the employer and a representative authorized by employees shall be given an opportunity to accompany the compliance safety and health officer during th…

203.7(1) Any employee or representative of employees who believes that a violation of the Act exists in any workplace where the employee is employed may request an inspection of the workplace by giving notice of the alleged violation to the commissioner or a designee. Any such no…

203.8(1) At the commencement of an inspection, the employer may identify areas in the establishment that contain or that might reveal trade or governmental secrets. If the compliance safety and health officer has no clear reason to question such identification, information obtain…

concludes on the basis of an inspection that conditions or practices exist in any place of employment that could reasonably be expected to cause death or serious physical harm immediately or before the imminence of such danger can be eliminated through the enforcement procedures …