CHAPTER 16
PRELICENSE EDUCATION AND CONTINUING EDUCATION
[Prior to 9/4/02, see 193E—Ch 3]
193E—16.1(543B) Definitions. For the purpose of these rules, the following definitions shall apply:
“Affirmative marketing” means the entire scope of social laws and ethics that are concerned with civil rights as they apply especially to housing and to the activities of real estate licensees.
“Approved program, course, or activity” means a continuing education program, course, or activity meeting the standards set forth in these rules which has received advance approval by the commission pursuant to these rules.
“Approved provider” means a person or an organization that has been approved by the commission to conduct continuing education activities pursuant to these rules.
“Broker” means any person holding an Iowa real estate broker license as defined in Iowa Code section 543B.3.
“Commission” means the real estate commission.
“Continuing education” means education required as a condition to license renewal.
“Credit hour” means the value assigned by the commission to a prelicense or continuing education program, course, or activity.
“Distance education” means a planned teaching/learning experience that utilizes a wide spectrum of technology-based systems, including computer-based instruction, to reach learners at a distance. Home-study courses that include written materials, exercises and tests mailed to the provider for review are included in this definition.
“Guest speaker” means an individual who teaches a real estate education course on a one-time-only or very limited basis and who possesses a unique depth of knowledge and experience in the subject matter the individual proposes to teach.
“Hour” means 50 minutes of instruction.
“Inactive license” means either a broker or salesperson license certificate that is on file in the commission office and during which time the licensee is precluded from engaging in any of the acts of Iowa Code chapter 543B.
“Licensee” means any person holding an Iowa real estate salesperson license or Iowa real estate broker license.
“Live instruction” means an educational program delivered in a traditional classroom setting whereby the instructor and student carry out their essential tasks while together.
“Prelicense course” means instruction consisting of one or more courses meeting the requirements of Iowa Code section 543B.15.
“Salesperson” means any person holding an Iowa real estate salesperson license as defined in Iowa Code section 543B.5(3).
193E—16.2(543B) Salesperson prelicense and postlicense requirements.
	16.2(1) Required course of study. The required course of study for the salesperson licensing examination shall consist of 60 classroom or computer-based hours of real estate principles and practices to comply with the requirements of Iowa Code section 543B.15. The curriculum shall include, but not be limited to, the following subjects:
Introduction to Real Estate and Iowa License Law	12 hours
Ownership, Encumbrances, Legal Descriptions, Transfer of Title and Closing	12 hours
Contracts, Agency and Antitrust	12 hours
Valuation, Finance and Real Estate Math	12 hours
Property Management/Leasing, Fair Housing, Environmental Risks
and Health Issues	12 hours
	16.2(2) Maintaining active status. All first-time salespersons renewing licenses to maintain active status shall complete 36 commission-approved classroom hours by December 31 of the third year of licensure. The following courses satisfy the first license renewal continuing education requirement:
Developing Professionalism and Ethical Practices	12 hours
Buying Practices	12 hours
Listing Practices	12 hours
	16.2(3) Beginning January 1, 2009, and thereafter, an applicant applying for an original salesperson license must provide evidence of successful completion of the following courses: 12 hours of Developing Professionalism and Ethical Practices, 12 hours of Buying Practices and 12 hours of Listing Practices. This education is in addition to the 60-hour salesperson prelicense course. The applicant must complete all the required education during the 12 months prior to the date of application.
	16.2(4) All salespersons licensed on January 1, 2009, or thereafter, as a requirement of license renewal and to maintain active status, must complete a minimum of 36 hours of approved courses. The continuing education must be completed during the three calendar years of the license term and cannot be carried over to another license term. Approved courses in the following subjects shall be completed to renew to active status: 8 hours of Law Update, 4 hours of Ethics and 24 hours of electives.
	16.2(5) Completion of prelicense education. Successful completion of the salesperson prelicense education includes passage of an examination(s) designed by the approved provider that is sufficiently comprehensive to measure the student’s knowledge of all aspects of the course(s). Times allotted for examinations may be regarded as hours of instruction.
	16.2(6) Substitution of courses. Written requests for substitution of the salesperson prelicense and postlicense education courses specified in 16.2(1), 16.2(2) and 16.2(3) may be granted if the applicant submits evidence of successful completion of a course or courses which are substantially similar to the courses specified in 16.2(1), 16.2(2) and 16.2(3). Any course completed more than 12 months prior to commission consideration for approval shall not qualify for substitution.
193E—16.3(543B) Broker prelicense education requirements.
	16.3(1) Required course of study. The required course of study to take the broker examination shall consist of at least 72 classroom hours. Approved courses shall be completed within 24 months prior to the applicant’s taking the broker examination and shall include the following subjects:
Contract Law and Contract Writing	8 hours
Iowa Real Estate Trust Accounts	8 hours
Principles of Appraising and Market Analysis	8 hours
Real Estate Law and Agency Law	8 hours
Real Estate Finance	8 hours
Federal and State Laws Affecting Iowa Practice	8 hours
Real Estate Office Organization	8 hours
Real Estate Office Administration	8 hours
Human Resources Management	8 hours
	16.3(2) Completion of prelicense education. Successful completion of the broker prelicense education includes passage of an examination(s) designed by the approved provider that is sufficiently comprehensive to measure the student’s knowledge of all aspects of the course(s). Times allotted for examinations may be regarded as hours of instruction. Effective January 1, 2005, and thereafter, all persons applying for a broker license within their first renewal term must complete the 36-hour salesperson postlicense courses, including 12 hours of Developing Professionalism and Ethical Practices, 12 hours of Buying Practices and 12 hours of Listing Practices, before a broker license can be issued.
	16.3(3) Substitution of courses. Written requests for substitution of the broker prelicense education courses specified in 16.3(1) may be granted if the applicant submits evidence of successful completion of a course or courses which are substantially similar to the courses specified in 16.3(1). Any course completed more than 24 months prior to commission consideration for approval shall not qualify for substitution.
193E—16.4(543B) Continuing education requirements.
	16.4(1) All individual real estate licenses are issued for three-year terms, counting the remaining portion of the year of issue as a full year. All individual licenses expire on December 31 of the third year of the license term.
	16.4(2) As a requirement of license renewal in an active status, each real estate licensee shall complete a minimum of 36 hours of approved programs, courses or activities. The continuing education must be completed during the three calendar years of the license term and cannot be carried over to another license. Approved courses in the following subjects shall be completed to renew to active status, except in accordance with 16.2(2):
Law Update	 8 hours
Ethics	 4 hours
Electives	24 hours
	16.4(3) During each three-year renewal period a course may be taken for credit only once. A course may be repeated for credit only if the course numbers and instructors are different.
	16.4(4) A maximum of 18 hours of continuing education may be taken by correspondence/home study each three-year renewal period.
	16.4(5) A licensee unable to attend educational offerings because of a disability may make a written request to the commission setting forth an explanation and verification of the disability. Licensees making requests must meet the definition of a person with a disability found in the Americans with Disabilities Act.
	16.4(6) In addition to courses approved directly by the commission, the following will be deemed acceptable as continuing education:
	a. 	Credits earned in a state which has a continuing education requirement for renewal of a license if the course is approved by the real estate licensing board of that state for credit for renewal. However, state-specific courses are not acceptable.
	b. 	Courses sponsored by the National Association of Realtors (NAR) or its affiliates.
193E—16.5(543B) Continuing education records. Applicants for license renewal pursuant to Iowa Code section 543B.15 shall certify that the number of hours of continuing education required to renew a license was completed as described in 16.2(2) and 193E—16.4(543B).
	16.5(1) The commission will verify by random audit the education claimed by the licensee. It shall be the responsibility of the licensee to maintain records that support the continuing education claimed and the validity of the credits. Documentation shall be retained by the licensee for a period of three years after the effective date of the license renewal.
	16.5(2) It will not be acceptable for a licensee to complete the required continuing education after the fact, pursuant to 16.2(5) and 16.3(3).
	16.5(3) Failure to provide required evidence of completion of claimed education within 30 days of the written notice from the commission shall result in the license’s being placed on inactive status. Prior to activating a license that has been placed on inactive status pursuant to this provision, the licensee must submit to the commission satisfactory evidence that all required continuing education has been completed.
	16.5(4) Filing a false affirmation is prima facie evidence of a violation of Iowa Code sections 543B.29(1) and (3).
193E—16.6(543B) Reactivating an inactive license. A license may be renewed without the required continuing education, but it shall only be renewed to an inactive status. Prior to reactivating a license that has been issued inactive due to failure to submit evidence of continuing education, the licensee must submit evidence that all deficient continuing education hours have been completed. The maximum continuing education hours shall not exceed the prescribed number of hours of one license renewal period and must be completed during the three calendar years preceding activation of the license.
193E—16.7(543B) Full-time attendance. Successful completion of continuing education requires full-time attendance throughout the program, course or activity. A student who arrives late, leaves during class or leaves early may not receive a certificate.
193E—16.8(543B) Education requirements for out-of-state licensees. Subrules 16.2(2) and 16.4(2) shall apply to every Iowa real estate licensee unless exempted by Iowa Code subsection 272C.2(5).
193E—16.9(543B) Examination as a substitute for continuing education.
	16.9(1) A salesperson may satisfy all continuing education deficiencies by taking and passing the real estate salesperson examination.
	a. 	If the salesperson takes and passes the salesperson examination within the six months immediately preceding the expiration of the license, the salesperson examination score report may be substituted for the required hours of continuing education credit for the current license term and will satisfy all previous deficiencies.
	b. 	A salesperson who is otherwise qualified to be a broker and who passes the broker licensing examination is not required to furnish evidence of credit for continuing education earned as a salesperson.
	16.9(2) A broker may satisfy all continuing education deficiencies by taking and passing the real estate broker examination. If the broker takes and passes the broker examination within the six months immediately preceding the expiration of the license, the broker examination score report may be substituted for the required hours of continuing education credits for the current license term and will satisfy all previous deficiencies.
193E—16.10(543B) Use of prelicense and postlicense courses as continuing education.
	16.10(1) Salespersons and brokers may take up to 24 hours of the salesperson prelicense and postlicense courses specified in 16.2(1) and 16.2(2) as continuing education. However, a newly licensed salesperson cannot use credits from the salesperson prelicense course(s) to meet the continuing education requirement of the first renewal term.
	16.10(2) Broker prelicense courses taken by a salesperson may be applied as continuing education for renewal of the salesperson license and also may be used as prelicense credit to qualify for a broker license.
	16.10(3) A broker may take broker prelicense courses as continuing education, but a newly licensed broker cannot use as continuing education credits from the prelicense courses taken to qualify for the broker license.
193E—16.11(543B) Requests for prior approval or postapproval of a course(s). A licensee seeking credit for attendance and participation in a course, program, or other continuing education activity that is to be conducted by a school not otherwise approved by the commission may apply for approval to the commission at least 21 days in advance of the beginning of the activity. The commission shall approve or deny the application in writing within 14 days of receipt of the application.
	16.11(1) The application for prior approval of a course or an activity shall include the following information:
	1.	School or organization or person conducting the activity.
	2.	Location of the activity.
	3.	Title and brief description of the activity.
	4.	Credit hours requested.
	5.	Date of the activity.
	6.	Principal instructor(s).
	16.11(2) The application for postapproval of a course or an activity shall include the following information:
	1.	School, firm, organization or person conducting the activity.
	2.	Location of the activity.
	3.	Title and description of activity.
	4.	Credit hours requested for approval.
	5.	Date of the activity.
	6.	Principal instructor(s).
	7.	Verification of attendance.
These rules are intended to implement Iowa Code chapters 17A, 272C, and 543B.
[Filed 7/22/76, Notice 5/31/76—published 8/9/76, effective 9/13/76]
[Filed 6/8/78, Notice 5/3/78—published 6/28/78, effective 8/2/78]
[Filed 10/10/80, Notice 8/20/80—published 10/29/80, effective 12/3/80]
[Filed 12/4/81, Notice 10/28/81—published 12/23/81, effective 1/27/82]
[Filed emergency 5/2/85—published 5/22/85, effective 5/2/85]
[Filed 8/23/85, Notice 7/3/85—published 9/11/85, effective 10/16/85]
[Filed 3/21/86, Notice 12/18/85—published 4/9/86, effective 5/15/86]
[Filed without Notice 5/30/86—published 6/18/86, effective 7/23/86]
[Filed 5/26/88, Notice 3/9/88—published 6/15/88, effective 7/20/88]
[Filed 12/22/89, Notice 10/18/89—published 1/10/90, effective 2/14/90]
[Filed 6/21/91, Notice 5/15/91—published 7/10/91, effective 8/14/91]1
[Filed 12/4/92, Notice 9/30/92—published 12/23/92, effective 1/27/93]
[Filed 9/23/93, Notices 5/26/93, 8/4/93—published 10/13/93, effective 12/1/93]
[Filed 7/29/94, Notice 5/25/94—published 8/17/94,effective 9/21/94]
[Filed 1/12/95, Notice 11/23/94—published 2/1/95, effective 3/8/95]◊
[Filed 6/14/96, Notice 4/10/96—published 7/3/96, effective 8/7/96]
[Filed 6/13/97, Notice 4/9/97—published 7/2/97, effective 8/6/97]
[Filed 9/29/99, Notice 8/11/99—published 10/20/99, effective 11/24/99]
[Filed 8/9/02, Notice 6/26/02—published 9/4/02, effective 10/9/02]
[Filed 5/7/04, Notice 2/18/04—published 5/26/04, effective 6/30/04]
[Filed 5/30/07, Notice 4/25/07—published 6/20/07, effective 7/25/07]
[Filed 10/14/08, Notice 7/30/08—published 11/5/08, effective 12/10/08]
◊	Two or more ARCs
1	Effective date (8/14/91) of amendments to 3.1, unnumbered paragraphs 3, 8; 3.2(1-4); 3.3(2-9); 3.4(1); 3.4(2)“o”; 3.4(5)“h”; and rules 3.5 and 3.6 delayed 70 days by the Administrative Rules Review Committee. Delay lifted 8/21/91, effective 8/22/91.