Iowa Administrative Code

2039.1(1) A nonresident of Iowa seeking certification in this state can apply for reciprocity through the board’s online system and pay the board-established fee. 2039.1(2) The board may issue a reciprocal certificate to a nonresident individual who is certified and demonstrates …

2039.2(1) The board will recognize, on a temporary basis, the license of a certified appraiser issued by another state for a period of six months, unless the applicant requests, and is approved for, a one-time extension. An extension request has to be received prior to the expira…

[ARC 8113C, IAB 7/10/24, effective 6/19/24; Editorial change: IAC Supplement 7/9/25]

be a report to the division of labor services. The division of workers’ compensation will forward all reports to the division of labor services. [ARC 8113C, IAB 7/10/24, effective 6/19/24; Editorial change: IAC Supplement 7/9/25]

Occupational Safety and Health Administration (OSHA) regulations at 29 CFR 1904.0 through 1904.46 as published at 66 Fed. Reg. 6122 through 6135 (January 19, 2001) are adopted. 204.3(1) The following amendments to 29 CFR 1904.0 through 1904.46 are adopted: a. 66 Fed. Reg. 52031-5…

“Approved program” means a continuing education program, course, or activity that satisfies the standards set forth in these rules and has received advance board approval pursuant to these rules. “Approved provider” means a person or an organization that has been approved by the …

appraiser seeking credit for attendance and participation in a program that was not conducted by an approved provider or approved by the licensing authority in another state or otherwise approved by the board may submit a request for credit for the program. Within 15 days after r…

of a complaint or negative evaluation may monitor or review any approved program or provider and may withdraw approval of the provider or program and disallow all or any part of the approved hours granted to the provider based on evidence that the obligations of this chapter have…

request a contested case hearing before the board. [ARC 7847C, IAB 4/17/24, effective 5/22/24; Editorial change: IAC Supplement 6/10/26] These rules are intended to implement Iowa Code sections 543D.5, 543D.9 and 543D.16 and chapter 272C. [Filed ARC 7847C (Notice ARC 7267C, IAB 1…

2040.2(1) Board-licensed appraisers have to demonstrate compliance with the continuing education set by the AQB criteria. 2040.2(2) All continuing education credit hours may be acquired in approved education programs. 2040.2(3) Instructors claiming continuing education credit may…

2040.3(1) The board will only approve continuing education programs that provide a formal program of learning that contributes to the growth in the professional knowledge and professional competence of real estate appraisers. 2040.3(2) Continuing education programs as listed in t…

satisfy the following minimum standards in order to be preapproved in accordance with the procedures established in this chapter and in order to maintain approved status: 2040.4(1) The program will be taught or developed by individuals who have the education, training and experie…

geographical separation of student and instructor. A distance education course is acceptable to meet class hour obligations if it complies with the generic education criteria in the current AQB criteria. [ARC 7847C, IAB 4/17/24, effective 5/22/24; Editorial change: IAC Supplement…

programs will be submitted through the board’s online system. All non-AQB courses are approved for 24 months, including the month of approval. Programs approved for distance education or by the AQB may be approved by the board. Board approval of a program will only be valid for t…

programs sponsored by a governmental entity when the program is offered at no cost or at a nominal cost to participants. A request for waiver of application fees should be made by the provider or certificate holder at the time the application is filed with the board. [ARC 7847C, …

approve or deny education applications subject to the applicant’s right to a hearing as provided for in this chapter. [ARC 7847C, IAB 4/17/24, effective 5/22/24; Editorial change: IAC Supplement 6/10/26]

appraiser seeking credit for attendance and participation in a program that is to be conducted by a provider not accredited or otherwise approved by the board will apply for approval to the board at least 15 days in advance of the commencement of the activity. The board will appr…

Initial examination application fee $150 Biennial registration fee for active status (initial, reciprocal, renewal): Associate/Certified real property appraiser > one year $200 Associate/Certified real property appraiser < one year $100 Biennial registration fee for inactive stat…

registration or certification within 12 months from the applicant’s renewal date, pursuant to rule 481—2038.1(543D), will pay half the fee. An applicant applying for initial or reciprocal registration or certification more than 12 months from the applicant’s renewal date will pay…

against a person who is not licensed by the board based on the unlawful practices specified in Iowa Code section 543D.21. [ARC 7855C, IAB 4/17/24, effective 5/22/24; Editorial change: IAC Supplement 6/10/26]

compliance with Iowa Code chapter 543D or imposing civil penalties up to $1,000 for each violation include: 2042.2(1) Violating Iowa Code section 543D.15(1)“a.” 2042.2(2) Failing to obtain a temporary practice permit under Iowa Code section 543D.11(2). 2042.2(3) Falsely impersona…

2042.3(1) The notice of the board’s intent to issue an order to compel compliance with Iowa Code section 543D.21 and to impose a civil penalty will be served upon the nonlicensee by certified mail, return receipt requested, or by personal service in accordance with Iowa Rule of C…

2042.4(1) Nonlicensees have to request a hearing within 30 days of the date the notice is received or service is accepted. A request for hearing has to be in writing and is deemed made on the date of the non-metered United States Postal Service postmark or the date of personal de…

“Issuing jurisdiction” means the duly constituted authority in another state that has issued a professional license, certificate, or registration to a person. “License” or “licensure” means any license that may be granted by the board. [ARC 7865C, IAB 4/17/24, effective 5/22/24; …

2043.2(1) An individual who establishes residency in this state or who is married to an active duty member of the military forces of the United States and who is accompanying the member on an official permanent change of station to a military installation located in this state ma…

proceedings to grant variances and other relief under Iowa Code sections 17A.9A, 88.5(3), 88.5(6), and 88.5(7). [ARC 8432C, IAB 12/11/24, effective 1/15/25; Editorial change: IAC Supplement 7/9/25]

205.10(1) An affected employer or an affected employee may apply in writing to the commissioner for a modification or revocation of a rule or order issued under Iowa Code section 88.5(3), 88.5(6), or 88.5(7). The application contains: a. The name and address of the applicant; b. …

205.9(1), or 205.10(1) does not conform to the applicable rule, the commissioner may deny the application. Prompt notice of the denial of an application will be given to the applicant and will include, or be accompanied by, a brief statement of the grounds for the denial. A denia…

205.12(1) Request for hearing. Within the time allowed by a notice of the filing of an application, any affected employer or employee may file with the commissioner a request for a hearing on the application. 205.12(2) Contents of a request for a hearing. A request for a hearing …

consolidate or contemporaneously consider two or more proceedings that involve the same or closely related issues. [ARC 8432C, IAB 12/11/24, effective 1/15/25; Editorial change: IAC Supplement 7/9/25]

205.14(1) Contents. A notice of hearing includes: a. The time, place, and nature of the hearing; b. The legal authority under which the hearing is to be held; and c. A specification of issues of fact and law. 205.14(2) Reserved. [ARC 8432C, IAB 12/11/24, effective 1/15/25; Editor…

delivery of, or by mailing, a copy of the document to the last-known address of the party. The person serving the document certifies the manner and the date of the service. [ARC 8432C, IAB 12/11/24, effective 1/15/25; Editorial change: IAC Supplement 7/9/25]

205.16(1) Powers. The commissioner or the commissioner’s designee presides over the hearing and has all powers necessary or appropriate to conduct a fair, full, and impartial hearing. 205.16(2) Private consultation. Except to the extent required for the disposition of ex parte ma…

205.17(1) Convening conference. Upon the commissioner’s own motion or the motion of a party, the commissioner or the commissioner’s designee may direct the parties or the parties’ counsel to meet with the commissioner for a conference to consider: a. Simplification of the issues;…

205.18(1) Negotiation by parties. A reasonable opportunity may be afforded to permit negotiation by the parties of an agreement containing consent findings and a rule or order disposing of the whole or any part of the proceeding. 205.18(2) Disposition. In the event an agreement c…

hearing examiner may allow discovery by appropriate procedures, such as by written interrogatories upon a party, depositions, production of documents by a party, or by entry for inspection of the employment or place of employment involved. Iowa Rules of Civil Procedure are applic…

are applicable to the terms when used in this chapter. As used in this chapter unless the context clearly requires otherwise: “Affected employee” means an employee who would be affected by the grant or denial of a variance, or any one of the employee’s authorized representatives,…

205.20(1) Order of proceeding. Except as may be ordered otherwise by the hearing examiner, the party applicant for relief proceeds first at a hearing. 205.20(2) Burden of proof. The party applicant has the burden of proof. 205.20(3) Evidence. a. Proof for a special variance. Befo…

205.21(1) Proposed findings of fact, conclusions, and rules or orders. Within ten days after receipt of notice that the transcript of the testimony has been filed or such additional time as the hearing examiner may allow, each party may file with the hearing examiner proposed fin…

205.22(1) Any party may, at least 20 days before the date fixed for any hearing, move with or without supporting affidavits for a summary decision in favor of the moving party on all or any part of the proceeding. Any other party may, within ten days after service of the motion, …

205.23(1) No genuine issue of material fact. a. Where no genuine issue of a material fact is found to have been raised, the hearing examiner may issue a decision to become final 20 days after service thereof. b. A decision made under subrule 205.23(1) includes a statement of: (1)…

agency action or ruling is immediately reviewable if review of the final agency decision would not provide an adequate remedy. The filing of the petition does not itself stay enforcement of the agency decision. The agency may grant, or the reviewing court may order, a stay upon a…

The commissioner may discretionarily decline to entertain an application for a variance on a subject or issue concerning which a citation has been issued to the employer involved, and a proceeding on the citation or a related issue concerning a proposed penalty or period of abate…

a variance petition are submitted to the legislative services agency through the designated Internet site within 60 days of the granting or denying of the petition. The information submitted is available to the public via the website. [ARC 8432C, IAB 12/11/24, effective 1/15/25; …

205.7(1) Application for variance. Any employer or class of employers desiring a variance from a standard, or portion thereof, authorized by Iowa Code section 88.5(3) may file a written application containing the information specified in subrule 205.7(2) with the commissioner. 20…