CHAPTER 543D
REAL ESTATE APPRAISALS AND APPRAISERS

Referred to in §10A.104, 10A.506, 272C.6, 543E.3, 543E.8, 543E.11, 543E.12, 543E.15, 543E.18, 543E.20, 669.14
This chapter not enacted as a part of this title; transferred from chapter 117B in Code 1993

  
     
543D.1  Short title.
  This chapter shall be known and may be cited as the “Iowa Appraisal Standards and Appraiser Certification Law”.
89 Acts, ch 290, §1
CS89, §117B.1
C93, §543D.1
2021 Acts, ch 159, §1

  
     
543D.2  Definitions.
  As used in this chapter, unless the context otherwise requires:
  1.  “Appraisal” or “real estate appraisal” means an analysis, opinion, or conclusion relating to the nature, quality, value, or utility of specified interests in, or aspects of, identified real estate. An appraisal may be classified by subject matter into either a valuation or an analysis. A “valuation” is an estimate of the value of real estate or real property. An “analysis” is a study of real estate or real property other than estimating value.
  2.  “Appraisal assignment” means an engagement for which an appraiser is employed or retained to act, or would be perceived by third parties or the public as acting as a disinterested third party in rendering an appraisal, valuation, or analysis.
  3.  “Appraisal foundation” means the appraisal foundation incorporated as an Illinois not-for-profit corporation on November 30, 1987.
  4.  “Appraisal report” means any communication of an appraisal.
  5.  “Appraisal review” means developing and communicating an opinion under the uniform standards of professional appraisal practice review standards regarding the quality of an appraiser’s work product, with or without also providing an opinion of value, prepared as part of an appraisal assignment. “Appraisal review” does not include quality control solely to assure an appraisal report is complete, or to correct grammatical, typographical, or similar errors.
  6.  “Associate real estate appraiser” means a person who may not yet fully meet the requirements for certification but who is providing significant input into the appraisal development under the direction of a certified appraiser.
  7.  “Board” means the real estate appraiser examining board established pursuant to this chapter.
  8.  “Certified appraisal or certified appraisal report” means an appraisal or appraisal report given or signed and certified as an appraisal or appraisal report by an Iowa certified real estate appraiser.
  9.  “Certified real estate appraiser” means a person who develops and communicates real estate appraisals and who holds a current, valid certificate for appraisals of types of real estate which may include residential, commercial, or rural real estate, as may be established under this chapter.
  10.  “Director” means the director of the department of inspections, appeals, and licensing or the director’s designee.
  11.  “Federally related transaction” means any financial transaction related to real estate which a federal financial institutions regulatory agency engages in, contracts for, or regulates, and which requires the services of an appraiser pursuant to federally related transaction regulations.
  12.  “Federally related transaction regulations” means regulations established by the comptroller of the currency, the board of governors of the federal reserve system, the federal deposit insurance corporation, or the national credit union administration pursuant to sections 1112, 1113, and 1114 of Tit. XI of the federal Financial Institutions Reform, Recovery, and Enforcement Act, 12 U.S.C. §3341 – 3343.
  13.  “Review appraiser” means a person who is responsible for conducting an appraisal review.
  14.  “Specialized services” means a hypothetical or other special valuation, or an analysis or an appraisal which does not fall within the definition of an appraisal assignment.
89 Acts, ch 290, §2
CS89, §117B.2
C93, §543D.2
2001 Acts, ch 49, §1; 2016 Acts, ch 1124, §22, 32; 2021 Acts, ch 159, §2, 3; 2022 Acts, ch 1032, §91; 2023 Acts, ch 19, §1670, 1671
Referred to in §543E.3
NEW subsection 10 and former subsections 10 – 13 renumbered as 11 – 14
Former subsection 14 stricken

  
     
543D.3  Purposes.
  1.  The purpose of this chapter is to establish standards for real estate appraisals and a procedure for the mandatory certification of real estate appraisers performing appraisals for federally related transactions, the voluntary certification of real estate appraisers performing appraisals not related to federally related transactions, and the mandatory registration of associate real estate appraisers.
  2.  A person who performs an appraisal, other than an appraisal review, for a federally related transaction as it relates to real estate located in this state must be a certified real estate appraiser under this chapter or a registered associate real estate appraiser acting under the direct supervision of a certified real estate appraiser if the services of a certified real estate appraiser are required by federal law or regulation.
  3.  A person who is not a certified real estate appraiser under this chapter may appraise real estate for compensation if certification is not required by this chapter or by federal or state law, rule, or policy. Notwithstanding this subsection, in connection with the performance of an appraisal of real estate located in this state, the use of the title “certified real estate appraiser”, “associate real estate appraiser”, or any other like title, including a title that suggests an individual is certified under the laws of this or another state, shall only be used to refer to or by individuals who hold a certificate or registration under this chapter.
  4.  An employee of the state department of transportation whose duties include appraisals of property pursuant to chapter 6B must be a certified real estate appraiser under this chapter or a registered associate real estate appraiser acting under the direct supervision of a certified real estate appraiser.
  5.  A person who is not a certified real estate appraiser under this chapter but who is licensed under chapter 543B may be compensated in the course of business for providing an estimate of the probable selling price or leasing price of a particular parcel of real estate or interest in real estate as a comparative market analysis or a broker price opinion. Such a comparative market analysis or broker price opinion shall not be considered an appraisal for purposes of this chapter and shall not be prepared for any purpose in lieu of an appraisal when an appraisal is required by federal or state law.
89 Acts, ch 290, §3
CS89, §117B.3
C93, §543D.3
99 Acts, ch 171, §39, 42; 2007 Acts, ch 72, §1; 2021 Acts, ch 159, §4
Referred to in §543D.21

  
     
543D.4  Iowa real estate appraiser board.
  1.  A real estate appraiser examining board is established within the department of inspections, appeals, and licensing. The board consists of seven members, two of whom shall be public members and five of whom shall be certified real estate appraisers.
  2.  The governor shall appoint the members of the board who are subject to confirmation by the senate. The governor may remove a member for cause.
  3.  A certified real estate appraiser member of the board shall be actively engaged in practice as a certified real estate appraiser and shall have been so engaged for five years preceding appointment, the last two of which shall have been in this state. The governor shall attempt to represent each class of certified appraisers in making the appointments.
  4.  The term of each member is three years. Vacancies occurring during a term shall be filled by appointment by the governor for the unexpired term.
  5.  Upon expiration of their terms, members of the board shall continue to hold office until the appointment and qualification of their successors. A person shall not serve as a member of the board for more than three terms, but appointment to fill an unexpired term shall not be considered a complete term for this purpose.
  6.  The public members of the board shall not engage in the practice of real estate appraising.
  7.  The board shall meet at least once each calendar quarter to conduct its business.
  8.  The members of the board shall elect a chairperson from among the members to preside at board meetings.
  9.  A quorum of the board is four members.
  10.  Members of the board are entitled to receive a per diem as specified in section 7E.6 for each day spent in performance of duties as members and shall be reimbursed for all actual and necessary expenses incurred in the performance of duties as members.
89 Acts, ch 290, §4
CS89, §117B.4
C93, §543D.4
2006 Acts, ch 1177, §40; 2013 Acts, ch 5, §24; 2016 Acts, ch 1124, §23, 32; 2023 Acts, ch 19, §1672
Confirmation, see §2.32
Subsection 1 amended

  
     
543D.5  Powers of the board.
  1.  The board shall adopt rules establishing uniform appraisal standards and appraiser certification requirements and other rules necessary to administer and enforce this chapter and its responsibilities under chapter 272C, subject to the director’s supervision and authority under section 543D.23. The board shall consider and may incorporate any standards required or recommended by the appraisal foundation or by a federal agency with regulatory authority over appraisal standards or the certification of appraisers for federally related transactions.
  2.  The uniform appraisal standards shall meet all of the following requirements:
  a.  Require compliance with federal law and appraisal standards adopted by federal authorities as they apply to federally related transactions. This paragraph does not require that an appraiser invoke a jurisdictional exception to the uniform standards of professional appraisal practice in order to comply with federal law and appraisal standards adopted by federal authorities as they apply to federally related transactions, unless federal law requires that the exception be invoked.
  b.  Develop standards for the scope of practice for certified real estate appraisers.
  c.  Required compliance with the uniform standards of professional appraisal practice in all appraisal assignments.
  3.  Appraiser certification requirements shall require a demonstration that the applicant has a working knowledge of current appraisal theories, practices, and techniques which will provide a high degree of service and protection to members of the public dealt with in a professional relationship under authority of the certification. The board shall establish the examination specifications for each category of certified real estate appraiser, provide or procure appropriate examinations, establish procedures for grading examinations, receive and approve or disapprove applications for certification, and issue certificates.
  4.  The board shall maintain a registry of the names and certificate numbers of appraisers certified under this chapter and the names and registration numbers of associate appraisers registered under this chapter.
  5.  Notwithstanding any provision to the contrary, the provisions in section 10A.506, subsections 6 through 12, shall apply to the board and to activities governed under this chapter.
89 Acts, ch 290, §5
CS89, §117B.5
C93, §543D.5
99 Acts, ch 171, §40, 42; 2013 Acts, ch 5, §25; 2016 Acts, ch 1124, §24, 25, 32; 2023 Acts, ch 19, §1673
Subsection 1 amended

  
     
543D.6  Fees.
  1.  The board shall establish and collect fees for certification, examination, reexamination, renewal of certification, and delinquency at an amount necessary to pay the administrative costs of sustaining the board and implementing this chapter. The fees shall include, but are not limited to, amounts to cover the costs for the following items:
  a.  Per diem, expenses, and travel expenses for board members, peer review committee persons, or disciplinary panel members.
  b.  Salary, per diem, and expenses of staff.
  c.  Office facilities, supplies, and equipment.
  2.  All fees collected by the board shall be deposited into the licensing and regulation fund created in section 10A.507 to be used to administer this chapter, including but not limited to purposes such as examinations, investigations, and administrative staffing. However, the appraisal management company national registry fees the board collects on behalf of the appraisal subcommittee as defined in section 543E.3 shall be transmitted to the appraisal subcommittee in accordance with federal laws and regulations.
89 Acts, ch 290, §6; 90 Acts, ch 1168, §21; 90 Acts, ch 1261, §39
CS89, §117B.6
C93, §543D.6
94 Acts, ch 1107, §90; 2016 Acts, ch 1124, §26, 32; 2023 Acts, ch 19, §1674; 2023 Acts, ch 108, §44
Subsection 2 amended

     
543D.7  Certification process.
  Applications for original certification, renewal certification, and examinations shall be made in writing to the board on forms approved by the board.
89 Acts, ch 290, §7
CS89, §117B.7
C93, §543D.7
2003 Acts, ch 43, §1

     
543D.8  Examination requirement.
  An original certification as a certified real estate appraiser shall not be issued to a person who has not demonstrated through an examination that the person possesses the following knowledge and understanding:
  1.  Appropriate knowledge of technical terms commonly used in or related to real estate appraising, appraisal report writing, and economic concepts applicable to real estate.
  2.  Understanding of the principles of land economics, real estate appraisal processes, and problems likely to be encountered in gathering, interpreting, and processing data in carrying out appraisal assignments.
  3.  Knowledge of theories of depreciation, cost estimating, methods of capitalization, and the mathematics of real estate appraisal that are appropriate for each classification of certificate applied for.
  4.  Knowledge of other appropriate principles and procedures for the classifications applied for.
  5.  Basic understanding of Iowa real estate, property tax, and eminent domain laws.
  6.  Understanding of the types of misconduct for which disciplinary proceedings may be initiated against a certified real estate appraiser.
89 Acts, ch 290, §8
CS89, §117B.8
C93, §543D.8
2013 Acts, ch 5, §26

  
     
543D.9  Education and experience requirement.
  The board shall determine what real estate appraisal or real estate appraisal review experience and what education shall be required to provide appropriate assurance that an applicant for certification is competent to perform the certified appraisal work which is within the scope of practice defined by the board. All experience required for initial certification shall be performed as a registered associate real estate appraiser acting under the direct supervision of a certified real estate appraiser who meets the supervisory requirements established by applicable federal authorities or federal law, rule, or policy in effect at the time the hours of experience are claimed, except as the board may provide by rule. Subject to requirements or limitations established by applicable federal authorities or federal law, rule, or policy, hours qualifying for experience in a bordering state will be considered qualifying hours for experience in this state without requiring a waiver or authorization from the board in accordance with rules and standards adopted by the board, as long as a majority of qualifying hours are completed in this state. Qualifying hours completed in a bordering state shall be under the direct supervision of a certified real estate appraiser with active certification in that bordering state. The board shall prescribe a required minimum number of tested hours of education relating to the provisions of this chapter, the uniform appraisal standards, and other rules issued in accordance with this chapter.
89 Acts, ch 290, §9
CS89, §117B.9
C93, §543D.9
2007 Acts, ch 72, §2; 2020 Acts, ch 1103, §42, 51

     
543D.10  Nonresident certification.
  1.  An applicant for certification as a real estate appraiser who is not a resident of Iowa shall submit, with the application for certification, an irrevocable consent that service of process upon the applicant may be made by delivery of the process to the secretary of state if, in an action against the applicant in a court of this state arising out of the applicant’s activities as a certified real estate appraiser, the plaintiff cannot, in the exercise of due diligence, effect personal service upon the applicant.
  2.  A nonresident of Iowa who has complied with subsection 1 may obtain a certificate as a certified real estate appraiser by complying with the certification requirements in this chapter.
89 Acts, ch 290, §10
CS89, §117B.10
C93, §543D.10

     
543D.11  Certification by reciprocity.
  1.  If, in the determination by the board, another state is deemed to have substantially equivalent certification requirements, an applicant who is certified under the laws of the other state may obtain a certificate as a certified real estate appraiser upon terms and conditions as determined by the board.
  2.  The board may recognize on a temporary basis the certification or license of an appraiser issued by another state, including where the property to be appraised is part of a federally related transaction. An appraiser engaging in such temporary practice shall apply for and obtain a temporary practice permit from the board before performing any services in relation to an appraisal, is subject to the full regulatory jurisdiction of the board, and is governed by the laws and rules administered by the board.
89 Acts, ch 290, §11
CS89, §117B.11
C93, §543D.11
2021 Acts, ch 159, §5

     
543D.12  Basis for denial.
  The board may deny the issuance of a certificate as a certified real estate appraiser to an applicant on any of the grounds listed in this chapter or in chapter 272C.
89 Acts, ch 290, §12
CS89, §117B.12
C93, §543D.12

     
543D.13  Principal place of business.
  1.  Each certified real estate appraiser shall advise the board of the address of the appraiser’s principal place of business and all other addresses at which the appraiser is currently engaged in the business of preparing real estate appraisal reports.
  2.  When a certified real estate appraiser changes the appraiser’s principal place of business, the appraiser shall immediately give written notification of the change to the board and apply for an amended certificate.
  3.  Each certified real estate appraiser shall notify the board of the appraiser’s current residence address. Residence addresses on file with the board are exempt from disclosure as public records.
89 Acts, ch 290, §13
CS89, §117B.13
C93, §543D.13

     
543D.14  Certificate.
  A certificate issued under this chapter shall bear the signature or facsimile signature of the member or members of the board as designated by the board and a certificate number assigned by the board.
89 Acts, ch 290, §14
CS89, §117B.14
C93, §543D.14
2001 Acts, ch 49, §2

     
543D.15  Use of term.
  1.  a.  The title “certified real estate appraiser”, “associate real estate appraiser”, or any other like title shall only be used to refer to individuals who hold the certificate or registration, as applicable, and shall not be used in connection with or as part of the name or signature of a firm, partnership, corporation, or group, or in a manner that it may be interpreted as referring to a firm, partnership, corporation, group, other business entity, or anyone other than an individual holder of the certificate or registration.
  b.  In connection with an appraisal assignment performed on real estate located in this state, the title “certified real estate appraiser”, “associate real estate appraiser”, or any other like title, including a title that suggests an individual is licensed or certified under the laws of this state or another state, shall only be used to refer to individuals who hold a certificate or registration under this chapter.
  2.  The term “associate real estate appraiser” shall only be used to refer to individuals who do not yet fully meet the requirements for certification but who provide significant input into the appraisal development under the direction of a certified appraiser.
  3.  A certificate shall not be issued under this chapter to a firm, corporation, partnership, group, or other business entity.
89 Acts, ch 290, §15
CS89, §117B.15
C93, §543D.15
2021 Acts, ch 159, §6
Referred to in §543D.21

     
543D.16  Continuing education.
  1.  As a prerequisite to renewal of a certification, a certified real estate appraiser shall present evidence satisfactory to the board of having met continuing education requirements.
  2.  The basic continuing education requirement for renewal of certification shall be the completion, before June 30 of the year in which the appraiser’s certificate expires, of the number of hours of instruction required by the board in courses or seminars which have received the preapproval of the board. 
  3.  The provisions of section 272C.2, subsection 4, shall only apply to a certified real estate appraiser or an associate real estate appraiser to the extent consistent with the policies adopted by the appraisal qualifications board of the appraisal foundation.
89 Acts, ch 290, §16
CS89, §117B.16
C93, §543D.16
97 Acts, ch 80, §1; 2008 Acts, ch 1059, §5; 2013 Acts, ch 5, §27

     
543D.17  Disciplinary proceedings.
  1.  The rights of a holder of a certificate as a certified real estate appraiser may be revoked or suspended, or the holder may be otherwise disciplined in accordance with this chapter. The board may investigate the actions of a certified real estate appraiser and may revoke or suspend the rights of a holder or otherwise discipline a holder for violation of a provision of this chapter, or chapter 272C, or of a rule adopted under this chapter or commission of any of the following acts or omissions:
  a.  Procurement or attempt to procure a certificate under this chapter by knowingly making a false statement, submitting false information, refusing to provide complete information in response to a question in an application for certification, or participating in any form of fraud or misrepresentation.
  b.  Failure to meet the minimum qualifications established by this chapter.
  c.  A conviction, including a conviction based upon a plea of guilty or nolo contendere, of a crime which is substantially related to the qualifications, functions, and duties of a person developing real estate appraisals and communicating real estate appraisals to others.
  d.  Violation of any of the standards for the development or communication of real estate appraisals as provided in this chapter.
  e.  Failure or refusal without good cause to exercise reasonable diligence in developing an appraisal, preparing an appraisal report, or communicating an appraisal.
  f.  Negligence or incompetence in developing an appraisal, in preparing an appraisal report, or in communicating an appraisal.
  g.  Willful disregard or violation of a provision of this chapter or a rule of the board of the administration and enforcement of this chapter.
  2.  In a disciplinary proceeding based upon a civil judgment a certified real estate appraiser shall be given an opportunity to present matters in mitigation and extenuation, but not to collaterally attack the civil judgment.
  3.  Notwithstanding the limitations of section 272C.3, subsection 2, paragraph “e”, the board shall adopt a rule providing for civil penalties in amounts and for the reasons authorized by federal law where federal law requires the board to have the authority to impose the civil penalties in order to obtain or to retain the board’s designation as a qualified state appraiser certifying agency.
89 Acts, ch 290, §17
CS89, §117B.17
C93, §543D.17
Referred to in §543D.20, 543E.3

  
     
543D.18  Standards of practice.
  1.  A certified real estate appraiser shall comply with the uniform appraisal standards adopted under this chapter. The reliance of the public in general and of the financial business community in particular on sound, reliable real estate appraisal practices imposes on persons engaged in the practice of real estate appraising as certified real estate appraisers or as registered associate real estate appraisers certain obligations both to their clients and to the public. These obligations include the obligation to maintain independence in thought and action, to adhere to the uniform appraisal standards adopted under this chapter, and to maintain high standards of personal conduct in all matters impacting one’s fitness to practice real estate appraising. A certified real estate appraiser and a registered associate real estate appraiser acting under the direct supervision of a certified real estate appraiser shall perform all appraisal assignments in an honest, disinterested, and impartial manner, with objectivity and independence, and without accommodation to the personal interests or objectives of the appraiser, the client, or any third person.
  2.  A certified real estate appraiser shall not accept an appraisal assignment or a fee for an appraisal assignment if the employment itself is contingent upon the appraiser reporting a predetermined estimate, analysis, or opinion or if the fee to be paid is contingent upon the opinion, conclusion, or valuation reached, or upon the consequences resulting from the appraisal assignment.
  3.  A certified real estate appraiser may provide specialized services to facilitate the client’s or employer’s objectives. Specialized services shall not be communicated as a certified appraisal or as a certified appraisal report. Regardless of the intention of the client or employer, if the appraiser would be perceived by third parties or the public as acting as a disinterested third party in rendering an unbiased analysis or opinion or conclusion, the work is an appraisal assignment rather than an assignment for specialized services. Communication of a valuation under oath is an appraisal assignment.
  4.  A certified real estate appraiser who enters into an agreement to perform specialized services may be paid a fixed fee or a fee that is contingent on the results achieved by the specialized services.
  5.  If a certified real estate appraiser enters into an agreement to perform specialized services for a contingent fee, this fact shall be clearly stated in each written and oral report. In each written report, this fact shall be clearly stated in a prominent location in the report, each letter of transmittal, and the certification statement made by the appraiser in the report.
  6.  A certified real estate appraiser making a significant contribution to the valuation or analysis process in completing an appraisal assignment shall sign the final written report or acknowledge the appraiser’s contribution in a verbal report.
  7.  A certified real estate appraiser who receives significant real property appraisal assistance in the development or reporting of an appraisal assignment shall disclose such assistance in accordance with the uniform appraisal standards adopted under this chapter.
89 Acts, ch 290, §18
CS89, §117B.18
C93, §543D.18
2007 Acts, ch 72, §3, 4
Referred to in §543D.18A, 543E.8, 543E.14, 543E.15

     
543D.18A  Penalties for improper influence of an appraisal assignment.
  1.  A mortgage lender, mortgage broker or originator, real estate broker or salesperson, client, party, appraiser, or any other person with an interest in a real estate transaction or the financing of any loan secured by real estate involving an appraisal assignment shall not improperly influence or attempt to improperly influence the development, reporting, result, or review of a real estate appraisal through coercion, extortion, or bribery, or by the withholding or threatened withholding of payment for an appraisal fee, or the conditioning of the payment of an appraisal fee upon the opinion, conclusion, or valuation to be reached, or a request that the appraiser report a predetermined opinion, conclusion, or valuation, or the desired valuation of any person, or by any other act or practice that impairs or attempts to impair an appraiser’s independence, objectivity, and impartiality, as required by section 543D.18, subsections 1 and 2.
  2.  A violation of this section is an unlawful practice under section 714.16, subsection 2, paragraph “a”.
  3.  A violation of this section is a ground for discipline against any person holding a certificate of registration under this chapter or another license issued under the laws of the state of Iowa, as license is defined in section 17A.2, subsection 6, if the practice of the profession, occupation, or business regulated by the license relates to real estate transactions or the financing of loans secured by real estate.
  4.  A person does not violate this section solely by asking an appraiser to consider additional, appropriate property information, or to provide further detail, substantiation, or explanation for the appraiser’s value conclusion, or to correct errors in the appraisal report, or by withholding payment of an appraisal fee based on a bona fide dispute regarding the appraiser’s compliance with the appraisal standards adopted by the board under this chapter. A person does not violate this section solely by retaining appraisers from panels or lists on a rotating basis, or by supplying an appraiser with information the appraiser is required to analyze under the appraisal standards adopted by the board under this chapter, such as agreements of sale, options, or listings of the property to be valued.
2007 Acts, ch 72, §5
Referred to in §543D.21, 543E.8, 543E.14, 543E.15, 543E.18

     
543D.19  Retention of records.
  1.  A certified real estate appraiser shall retain for five years, originals or true copies of all written contracts engaging the appraiser’s services for real estate appraisal work and all reports and supporting data assembled and formulated for use by the appraiser or the associate appraiser in preparing the reports.
  2.  An appraiser must retain all work files for a period of at least five years after preparation or at least two years after final disposition of any judicial proceeding in which testimony was given, whichever period expires last, and either maintain custody of the appraiser’s work file or make appropriate work file retention, access, and retrieval arrangements with a party having custody of the work file.
  3.  All records required to be maintained under this chapter shall be made available by a certified real estate appraiser for inspection and copying by the board on reasonable notice to the appraiser.
89 Acts, ch 290, §19
CS89, §117B.19
C93, §543D.19
2003 Acts, ch 43, §2, 3

     
543D.20  Registration of associate real estate appraisers.
  1.  A person shall not assist a certified real estate appraiser in the development or reporting of an appraisal assignment that is required by this chapter, or by federal or state law, rule, or policy to be performed by a certified real estate appraiser, unless the person meets one or more of the following conditions:
  a.  The person is certified under this chapter.
  b.  The person is registered as an associate real estate appraiser and is acting under the direct supervision of a certified real estate appraiser.
  c.  The person is solely providing administrative services, such as taking photographs, preparing charts, or typing reports, and is not providing real estate appraisal assistance in developing the analysis, valuation, opinions, or conclusions associated with the appraisal assignment.
  d.  The person is providing professional consultation that does not constitute real property appraisal assistance, such as the assistance of a professional engineer or certified public accountant.
  2.  The board shall establish by rule the terms and conditions of the registration of associate real estate appraisers, including the educational and other prerequisites to registration, the fees for registration and the renewal of registration, and the continuing education requirements for renewal of registration. The board shall consider and may incorporate any guidelines recommended by the appraisal qualifications board of the appraisal foundation relating to associate real estate appraisers.
  3.  The board shall adopt rules governing the manner in which certified real estate appraisers shall directly supervise associate real estate appraisers, the standards of conduct for associate real estate appraisers, and the grounds for imposing discipline against an associate real estate appraiser which shall include all of the grounds provided in section 543D.17.
  4.  Associate real estate appraisers shall be bound by the uniform appraisal standards adopted by the board under this chapter.
  5.  Persons who appraise real estate where certification is not required by this chapter or by federal or state law, rule, or policy, and who are not assisting a certified real estate appraiser in the development or reporting of an appraisal assignment that is required by this chapter, or by federal or state law, rule, or policy to be performed by a certified real estate appraiser, are not required to register with the board. Notwithstanding this subsection, in connection with the performance, or assistance in the performance, of an appraisal of real estate located in this state, the use of the title “associate real estate appraiser” or any other like title, including a title that suggests an individual is an associate real estate appraiser under the laws of this state or another state, shall only be used to refer to individuals who hold a registration under this chapter.
2007 Acts, ch 72, §6; 2021 Acts, ch 159, §7
Referred to in §543D.21, 543E.3

  
     
543D.21  Violations — injunctions — civil penalties.
  1.  If, as the result of a complaint or otherwise, the board believes that a person has engaged, or is about to engage, in an act or practice that constitutes or will constitute a violation of this chapter, the board may make application to the district court for an order enjoining such act or practice. Upon a showing by the board that such person has engaged, or is about to engage, in any such act or practice, an injunction, restraining order, or other order as may be appropriate shall be granted by the district court.
  2.  The board may investigate complaints or initiate complaints against persons who are not certified or registered under this chapter solely to determine whether grounds exist to make application to the district court pursuant to subsection 1 or to issue an order pursuant to subsection 3, and in connection with such complaints or investigations may issue subpoenas to compel witnesses to testify or persons to produce evidence consistent with the provisions of section 272C.6, subsection 3, as needed to determine whether probable cause exists to initiate proceedings under this section or to make application to the district court for an order enjoining violations of this chapter.
  3.  In addition to or as an alternative to making application to the district court for an injunction, the board may issue an order to a person who is not certified or registered under this chapter to require compliance with this chapter and may impose a civil penalty against such person for any violation of subsection 4 in an amount up to one thousand dollars for each violation. All civil penalties collected pursuant to this subsection shall be deposited in the housing trust fund created in section 16.181. An order issued pursuant to this section may prohibit a person from applying for certification or registration under this chapter.
  4.  The board may impose civil penalties against a person who is not certified or registered under this chapter for any of the following acts:
  a.  A violation of section 543D.3, subsections 2, 3, or 4.
  b.  A violation of section 543D.15.
  c.  A violation of section 543D.18A, subsection 1.
  d.  A violation of section 543D.20, subsection 1 or 5.
  e.  Fraud, deceit, or deception, through act or omission, in connection with an application for certification or registration under this chapter.
  5.  The board, before issuing an order under this section, shall provide the person written notice and the opportunity to request a hearing. The hearing must be requested within thirty days after receipt of the notice and shall be conducted in the same manner as provided for disciplinary proceedings involving a licensee under this chapter.
  6.  A person aggrieved by the imposition of a civil penalty under this section may seek judicial review pursuant to section 17A.19.
  7.  If a person fails to pay a civil penalty within thirty days after entry of an order imposing the civil penalty, or if the order is stayed pending an appeal, within ten days after the court enters a final judgment in favor of the board, the board shall notify the attorney general. The attorney general may commence an action to recover the amount of the penalty, including reasonable attorney fees and costs.
  8.  An action to enforce an order under this section may be joined with an action for an injunction.
2007 Acts, ch 72, §7; 2021 Acts, ch 159, §8, 9
Referred to in §543D.23

  
     
543D.22  Criminal background checks.
  1.  a.  Subject to paragraphs “b” and “c”, the board may require a national criminal history check through the federal bureau of investigation for applicants for certification or registration, or for persons certified or registered under this chapter, if needed for credibility, to comply with federal law or regulation, or the policies of the appraisal qualification board of the appraisal foundation. The board may alternatively require a national criminal history check through the nationwide mortgage licensing system and registry, as defined in section 535D.3, when conducting background investigations under this section, if authorized by applicable federal law or regulation.
  b.  The board shall not require a national criminal history check through the federal bureau of investigation for applicants for upgraded certification or registration if the applicant applies for the upgraded certification or registration within twenty-four months following the date the applicant obtained their original certification or registration under this chapter.
  c.  By signing and submitting to the board a statement declaring that there have been no changes to the applicant’s criminal history since the date of the waiver specified in subsection 4, and that there are no active or pending complaints in any state against the applicant, any of the following individuals may seek a waiver of the board’s requirement to undergo a national criminal history check:
  (1)  An applicant for upgraded certification or registration who obtained their original certification or registration under this chapter more than twenty-four months prior to applying for the upgraded certification or registration.
  (2)  An applicant for upgraded certification applying to the board under a reciprocity agreement.
  2.  The board may require applicants, certificate holders, or registrants to provide a full set of fingerprints, in a form and manner prescribed by the board. Such fingerprints, if required, shall be submitted to the federal bureau of investigation through the state criminal history repository for purposes of the national criminal history check.
  3.  a.  Subject to paragraphs “b” and “c”, the board may also request and obtain, notwithstanding section 692.2, subsection 5, criminal history data for applicants, certificate holders, and registrants. A request for criminal history data shall be submitted to the department of public safety, division of criminal investigation, pursuant to section 692.2, subsection 1. 
  b.  The board shall not request or obtain criminal history data for applicants for upgraded certification or registration if the applicant applies for the upgraded certification or registration within twenty-four months following the date the applicant obtained their original certification or registration under this chapter.
  c.  By signing and submitting to the board a statement declaring that there have been no changes to the applicant’s criminal history data since the date of the waiver specified in subsection 4, and that there are no active or pending complaints in any state against the applicant, any of the following individuals may seek a waiver of the board’s request to obtain criminal history data:
  (1)  An applicant for upgraded certification or registration who obtained their original certification or registration under this chapter more than twenty-four months prior to applying for the upgraded certification or registration.
  (2)  An applicant for upgraded certification applying to the board under a reciprocity agreement.
  4.  The board shall inform the applicant, certificate holder, or registrant of the requirement of a national criminal history check or request for criminal history data and obtain a signed waiver from the applicant, certificate holder, or registrant prior to requesting the check or data.
  5.  The board may, in addition to any other fees, charge and collect such amounts as may be incurred by the board, the department of public safety, or federal bureau of investigation in obtaining criminal history information. Amounts collected shall be considered repayment receipts as defined in section 8.2, subsection 8.
  6.  Criminal history data and other criminal history information relating to an applicant, certificate holder, or registrant obtained by the board pursuant to this section is confidential. Such information may, however, be used by the board in a certificate or registration denial or disciplinary proceeding.
2013 Acts, ch 5, §28; 2016 Acts, ch 1124, §27, 32; 2021 Acts, ch 159, §10, 11
2021 amendment to subsections 1 and 3 applies to applications for original certification or registration and renewal certification or registration that are submitted to the real estate appraiser examining board on or after July 1, 2021; 2021 Acts, ch 159, §11

  
     
543D.23  Director supervision and authority.
  1.  The director shall supervise the board and manage the board’s budget and retained fees. The director may exercise all authority conferred upon the board under this chapter and shall have access to all records and information to which the board has access. In supervising the board, the director shall independently evaluate the substantive merits of actions recommended or proposed by the board which may be anticompetitive and shall have the authority to review, approve, modify, or reject all board actions including but not limited to those taken in connection with any of the following:
  a.  Initial or reciprocal certification of real estate appraisers, registration of associate real estate appraisers, and temporary practice permits.
  b.  Disciplinary investigations and proceedings.
  c.  Investigations and proceedings under section 543D.21.
  d.  Rulemaking under chapter 17A, including orders on petitions for rulemaking.
  e.  Orders on petitions for declaratory orders or waivers.
  2.  A person aggrieved by any final action of the board taken under this chapter shall not have exhausted administrative remedies until the person has appealed the action to the director and the director has issued a final decision or order.
  3.  The director shall adopt rules to implement this section.
2016 Acts, ch 1124, §28, 32; 2021 Acts, ch 80, §344; 2023 Acts, ch 19, §1675
Referred to in §543D.5
Section amended