House File 606
HOUSE FILE
BY COMMITTEE ON STATE GOVERNMENT
(SUCCESSOR TO HSB 248)
Passed Senate, Date Passed House, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act providing for transfer of the professional licensing and
2 regulation division of the department of commerce to the
3 secretary of state's office.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
5 TLSB 1344HV 80
6 rn/sh/8
PAG LIN
1 1 Section 1. Section 9.1, Code 2003, is amended to read as
1 2 follows:
1 3 9.1 DUTIES == RECORDS.
1 4 The secretary of state shall keep the secretary of state's
1 5 office at the seat of government, and perform all duties
1 6 required by law; the secretary shall have charge of and keep
1 7 all the Acts and resolutions of the territorial legislature
1 8 and of the general assembly of the state, the enrolled copies
1 9 of the Constitutions of the state, and all bonds, books,
1 10 records, maps, registers, and papers which are now or may
1 11 hereafter be deposited to be kept in the secretary of state's
1 12 office, including all books, records, papers, and property
1 13 pertaining to the state land office. The secretary shall
1 14 additionally oversee the administration of the professional
1 15 licensing and regulation division of the secretary of state's
1 16 office.
1 17 Sec. 2. NEW SECTION. 9.8 PROFESSIONAL LICENSING AND
1 18 REGULATION DIVISION == SUPERINTENDENT OF SAVINGS AND LOAN
1 19 ASSOCIATIONS.
1 20 1. A professional licensing and regulation division is
1 21 established within the secretary of state's office. The
1 22 division shall administer and coordinate the licensing and
1 23 regulation of several professions by bringing together the
1 24 following licensing boards:
1 25 a. The Iowa accountancy examining board created pursuant
1 26 to chapter 542.
1 27 b. The engineering and land surveying examining board
1 28 created pursuant to chapter 542B.
1 29 c. The real estate commission created pursuant to chapter
1 30 543B.
1 31 d. The real estate appraiser examining board created
1 32 pursuant to chapter 543D.
1 33 e. The architectural examining board created pursuant to
1 34 chapter 544A.
1 35 f. The landscape architectural examining board created
2 1 pursuant to chapter 544B.
2 2 2. The division is headed by the administrator of
2 3 professional licensing and regulation, who shall be an
2 4 employee of the secretary of state. The administrator shall
2 5 report to the secretary of state, and shall hire and supervise
2 6 staff and shall coordinate activities for the licensing boards
2 7 within the division. The administrator may act as a staff
2 8 person to one or more of the licensing boards.
2 9 3. The licensing boards included in the division pursuant
2 10 to subsection 1 retain the powers granted them pursuant to the
2 11 chapters in which they are created, except for budgetary and
2 12 personnel matters, which shall be handled by the
2 13 administrator. Each licensing board shall adopt rules
2 14 pursuant to chapter 17A. Decisions by a licensing board are
2 15 final agency actions for purposes of chapter 17A.
2 16 Notwithstanding subsection 5, eighty=five percent of the
2 17 funds received annually resulting from an increase in
2 18 licensing fees implemented on or after April 1, 2002, by a
2 19 licensing board or commission listed in subsection 1, is
2 20 appropriated to the professional licensing and regulation
2 21 division to be allocated to the board or commission for each
2 22 fiscal year, for purposes related to the duties of the board
2 23 or commission, including but not limited to additional full=
2 24 time equivalent positions. The director of revenue and
2 25 finance shall draw warrants upon the treasurer of state from
2 26 the funds appropriated as provided in this subsection and
2 27 shall make the funds available to the professional licensing
2 28 and regulation division on a monthly basis during each fiscal
2 29 year.
2 30 4. The professional licensing and regulation division of
2 31 the secretary of state's office may expend additional funds,
2 32 including funds for additional personnel, if those additional
2 33 expenditures are directly the cause of actual examination
2 34 expenses exceeding funds budgeted for examinations.
2 35 5. Fees collected under chapters 542, 542B, 543B, 543D,
3 1 544A, and 544B shall be paid to the treasurer of state and
3 2 credited to the general fund of the state. All expenses
3 3 required in the discharge of the duties and responsibilities
3 4 imposed upon the professional licensing and regulation
3 5 division of the secretary of state's office, the
3 6 administrator, and the licensing boards by the laws of this
3 7 state shall be paid from moneys appropriated by the general
3 8 assembly for those purposes. All fees deposited into the
3 9 general fund of the state, as provided in this subsection,
3 10 shall be subject to the requirements of section 8.60.
3 11 6. The administrator of professional licensing and
3 12 regulation is the superintendent of savings and loan
3 13 associations. The administrator may appoint an individual to
3 14 act as the superintendent who shall serve as the
3 15 superintendent at the pleasure of the administrator.
3 16 7. All licensing boards in the division may refuse to
3 17 grant or renew a license to practice a profession to any
3 18 person otherwise qualified upon any of the grounds for which a
3 19 license may be revoked or suspended.
3 20 8. All licensing boards in the division may suspend,
3 21 revoke, or otherwise discipline a licensee, or refuse to renew
3 22 a license, based on the revocation or suspension of, or other
3 23 disciplinary action against a professional license by a
3 24 licensing authority in this or another state, the United
3 25 States, a territory, or other country. A certified copy of
3 26 the record or order of suspension, revocation, or other
3 27 disciplinary action is prima facie evidence of such fact.
3 28 9. Notwithstanding section 272C.3 or any other provision
3 29 of law, the maximum amount of a civil penalty imposed as a
3 30 disciplinary measure by licensing boards in the division may,
3 31 in the discretion of the board and taking into account the
3 32 severity of the violation, be increased from one thousand
3 33 dollars per occurrence to up to twenty=five thousand dollars
3 34 per occurrence.
3 35 10. Staff members in the division shall be employed
4 1 subject to the merit system provisions of chapter 19A.
4 2 Sec. 3. Section 534.401, subsection 1, Code 2003, is
4 3 amended to read as follows:
4 4 1. SUPERINTENDENT OF SAVINGS AND LOAN ASSOCIATIONS. The
4 5 superintendent of savings and loan associations is the
4 6 administrator of professional licensing and regulation
4 7 appointed pursuant to section 546.10 9.8, subsection 2, or an
4 8 individual appointed by the administrator as provided in
4 9 section 546.10 9.8, subsection 6.
4 10 Sec. 4. Section 542.4, subsections 1 and 6, Code 2003, are
4 11 amended to read as follows:
4 12 1. An Iowa accountancy examining board is created within
4 13 the professional licensing and regulation division of the
4 14 department of commerce secretary of state's office to
4 15 administer and enforce this chapter. The board shall consist
4 16 of eight members, appointed by the governor and subject to
4 17 senate confirmation, all of whom shall be residents of this
4 18 state. Five of the eight members shall be holders of
4 19 certificates issued under section 542.6, one member shall be
4 20 the holder of a license issued under section 542.8, and two
4 21 shall not be certified public accountants or licensed public
4 22 accountants and shall represent the general public. At least
4 23 three of the holders of certificates issued under section
4 24 542.6 shall also be qualified to supervise attest services as
4 25 provided in section 542.7. A certified or licensed member of
4 26 the board shall be actively engaged in practice as a certified
4 27 public accountant or as a licensed public accountant and shall
4 28 have been so engaged for five years preceding appointment, the
4 29 last two of which shall have been in this state. Professional
4 30 associations or societies composed of certified public
4 31 accountants or licensed public accountants may recommend the
4 32 names of potential board members to the governor. However,
4 33 the governor is not bound by the recommendations. A board
4 34 member is not required to be a member of any professional
4 35 association or society composed of certified public
5 1 accountants or licensed public accountants. The term of each
5 2 member of the board shall be three years, as designated by the
5 3 governor, and appointments to the board are subject to the
5 4 requirements of sections 69.16, 69.16A, and 69.19. Members of
5 5 the board appointed and serving pursuant to chapter 542C, Code
5 6 2001, on July 1, 2002, shall serve out the terms for which
5 7 they were appointed. Vacancies occurring during a term shall
5 8 be filled by appointment by the governor for the unexpired
5 9 term. Upon the expiration of the member's term of office, a
5 10 member shall continue to serve until a successor shall have
5 11 been appointed and taken office. The public members of the
5 12 board shall be allowed to participate in administrative,
5 13 clerical, or ministerial functions incident to giving the
5 14 examinations, but shall not determine the content or determine
5 15 the correctness of the answers. The licensed public
5 16 accountant member shall not determine the content of the
5 17 certified public accountant examination or determine the
5 18 correctness of the answers. Any member of the board whose
5 19 certificate under section 542.6 or license under section 542.8
5 20 is revoked or suspended shall automatically cease to be a
5 21 member of the board, and the governor may, after a hearing,
5 22 remove any member of the board for neglect of duty or other
5 23 just cause. A person who has served three successive complete
5 24 terms shall not be eligible for reappointment, but appointment
5 25 to fill an unexpired term shall not be considered a complete
5 26 term for this purpose.
5 27 6. The administrator of the professional licensing and
5 28 regulation division of the department of commerce secretary of
5 29 state's office shall provide staffing assistance to the board
5 30 for implementing this chapter.
5 31 Sec. 5. Section 542B.3, Code 2003, is amended to read as
5 32 follows:
5 33 542B.3 ENGINEERING AND LAND SURVEYING EXAMINING BOARD
5 34 CREATED.
5 35 An engineering and land surveying examining board is
6 1 created within the professional licensing and regulation
6 2 division of the department of commerce secretary of state's
6 3 office. The board consists of four members who are licensed
6 4 professional engineers, one member who is a licensed land
6 5 surveyor or a professional engineer who is also a licensed
6 6 land surveyor, and two members who are not licensed
6 7 professional engineers or land surveyors and who shall
6 8 represent the general public. Members shall be appointed by
6 9 the governor subject to confirmation by the senate. A
6 10 licensed member shall be actively engaged in the practice of
6 11 engineering or land surveying and shall have been so engaged
6 12 for five years preceding the appointment, the last two of
6 13 which shall have been in Iowa. Insofar as practicable,
6 14 licensed engineer members of the board shall be from different
6 15 branches of the profession of engineering. Professional
6 16 associations or societies composed of licensed engineers or
6 17 licensed land surveyors may recommend the names of potential
6 18 board members whose profession is representative of that
6 19 association or society to the governor. However, the governor
6 20 is not bound by the recommendations. A board member shall not
6 21 be required to be a member of any professional association or
6 22 society composed of professional engineers or land surveyors.
6 23 Sec. 6. Section 542B.9, Code 2003, is amended to read as
6 24 follows:
6 25 542B.9 ORGANIZATION OF THE BOARD == STAFF.
6 26 The board shall elect annually from its members a
6 27 chairperson and a vice chairperson. The administrator of the
6 28 professional licensing and regulation division of the
6 29 department of commerce secretary of state's office shall hire
6 30 and provide staff to assist the board in implementing this
6 31 chapter. The board shall hold at least one meeting at the
6 32 location of the board's principal office, and meetings shall
6 33 be called at other times by the administrator at the request
6 34 of the chairperson or four members of the board. At any
6 35 meeting of the board, a majority of members constitutes a
7 1 quorum.
7 2 Sec. 7. Section 542B.22, Code 2003, is amended to read as
7 3 follows:
7 4 542B.22 PROCEDURE.
7 5 Proceedings for any action under section 542B.21 shall be
7 6 begun by filing with the board written charges against the
7 7 accused. Upon the filing of charges the board may request the
7 8 department of inspections and appeals to conduct an
7 9 investigation into the charges. The department of inspections
7 10 and appeals shall report its findings to the board, and the
7 11 board shall, designate a time and place for a hearing, and
7 12 shall notify the accused of this action and furnish the
7 13 accused a copy of all charges at least thirty days prior to
7 14 the date of the hearing. The accused has the right to appear
7 15 personally or by counsel, to cross=examine witnesses, or to
7 16 produce witnesses in defense.
7 17 Sec. 8. Section 543B.8, Code 2003, is amended to read as
7 18 follows:
7 19 543B.8 REAL ESTATE COMMISSION CREATED == STAFF.
7 20 A real estate commission is created within the professional
7 21 licensing and regulation division of the department of
7 22 commerce secretary of state's office. The commission consists
7 23 of three members licensed under this chapter and two members
7 24 not licensed under this chapter and who shall represent the
7 25 general public. At least one of the licensed members shall be
7 26 a licensed real estate salesperson, except that if the
7 27 licensed real estate salesperson becomes a licensed real
7 28 estate broker during a term of office, that person may
7 29 complete the term, but is not eligible for reappointment on
7 30 the commission as a licensed real estate salesperson. A
7 31 licensed member shall be actively engaged in the real estate
7 32 business and shall have been so engaged for five years
7 33 preceding the appointment, the last two of which shall have
7 34 been in Iowa. Professional associations or societies of real
7 35 estate brokers or real estate salespersons may recommend the
8 1 names of potential commission members to the governor.
8 2 However, the governor is not bound by their recommendations.
8 3 A commission member shall not be required to be a member of
8 4 any professional association or society composed of real
8 5 estate brokers or salespersons. Commission members shall be
8 6 appointed by the governor subject to confirmation by the
8 7 senate. Appointments shall be for three=year terms and shall
8 8 commence and end as provided in section 69.19. A member shall
8 9 serve no more than three terms or nine years, whichever is
8 10 less. No more than one member shall be appointed from a
8 11 county. A commission member shall not hold any other elective
8 12 or appointive state or federal office. Vacancies shall be
8 13 filled for the unexpired term by appointment of the governor
8 14 and are subject to senate confirmation. A majority of the
8 15 commission members constitutes a quorum. The administrator of
8 16 the professional licensing and regulation division shall hire
8 17 and provide staff to assist the commission with implementing
8 18 this chapter.
8 19 The administrator of the professional licensing and
8 20 regulation division of the department of commerce secretary of
8 21 state's office shall hire a real estate education director to
8 22 assist the commission in administering education programs for
8 23 the commission.
8 24 Sec. 9. Section 543B.14, Code 2003, is amended to read as
8 25 follows:
8 26 543B.14 FEES AND EXPENSES == FUNDS.
8 27 All fees and charges collected by the real estate
8 28 commission under this chapter shall be paid into the general
8 29 fund of the state, except that the equivalent of the greater
8 30 of ten dollars or forty percent per year of the fees for each
8 31 real estate salesperson's license, plus the equivalent of the
8 32 greater of ten dollars or twenty=five percent per year of the
8 33 fees for each broker's license thirty dollars of each fee for
8 34 the renewal of a salesperson's license or broker's license
8 35 shall be paid into the Iowa real estate education fund created
9 1 in section 543B.54. All expenses incurred by the commission
9 2 under this chapter, including compensation of staff assigned
9 3 to the commission, shall be paid from funds appropriated for
9 4 those purposes, except for expenses incurred and compensation
9 5 paid for the real estate education director, which shall be
9 6 paid out of the real estate education fund.
9 7 Sec. 10. Section 543B.54, Code 2003, is amended to read as
9 8 follows:
9 9 543B.54 REAL ESTATE EDUCATION FUND.
9 10 The Iowa real estate education fund is created as a
9 11 financial assurance mechanism to assist in the establishment
9 12 and maintenance of a real estate education program at the
9 13 university of northern Iowa and to assist the real estate
9 14 commission in providing an education director. The fund is
9 15 created as a separate fund in the state treasury, and any
9 16 funds remaining in the fund at the end of each fiscal year
9 17 shall not revert to the general fund, but shall remain in the
9 18 Iowa real estate education fund. Seventy percent of the
9 19 moneys in the fund shall be distributed and are appropriated
9 20 to the board of regents for the purpose of establishing and
9 21 maintaining a real estate education program at the university
9 22 of northern Iowa. Thirty percent of the moneys in the fund
9 23 shall be distributed and are appropriated to the professional
9 24 licensing and regulation division of the department of
9 25 commerce secretary of state's office for the purpose of hiring
9 26 and compensating a real estate education director.
9 27 Sec. 11. Section 543C.4, subsections 1 and 2, Code 2003,
9 28 are amended to read as follows:
9 29 1. The commission may request the department of
9 30 inspections and appeals to conduct an investigation and
9 31 inspection to be made of any subdivided land proposed to be
9 32 offered for sale or lease in this state pursuant to this
9 33 chapter. The department of inspections and appeals commission
9 34 shall make a report of its findings.
9 35 2. If an inspection is to be made of subdivided land
10 1 situated outside of this state and offered for sale in this
10 2 state, the inspection as authorized by subsection 1 shall be
10 3 made by the department of inspections and appeals commission
10 4 at the expense of the subdivider. After the application
10 5 required by section 543C.2 is filed and after the filing fee
10 6 required by section 543C.8 is received, the commission may
10 7 decide whether an inspection pursuant to this subsection is to
10 8 be made. If the commission requires an inspection, the
10 9 department of inspections and appeals commission shall so
10 10 notify the subdivider and the subdivider shall remit to the
10 11 department commission an amount equivalent to the round trip
10 12 cost of travel from this state to the location of the project,
10 13 as estimated by the department commission and a further amount
10 14 estimated to be necessary to cover the additional expenses of
10 15 inspection but not to exceed fifty dollars a day for each day
10 16 incurred in the inspection. The costs of any subsequent
10 17 inspections deemed necessary shall be paid for by the
10 18 subdivider. At the completion of an inspection trip the
10 19 department commission shall furnish the subdivider a statement
10 20 as to the costs of the inspection trip, and if the costs are
10 21 less than the amount advanced by the subdivider to the
10 22 department commission, the remaining balance shall be refunded
10 23 to the subdivider.
10 24 Sec. 12. Section 543D.4, unnumbered paragraph 1, Code
10 25 2003, is amended to read as follows:
10 26 A real estate appraiser examining board is established
10 27 within the professional licensing and regulation division of
10 28 the department of commerce secretary of state's office. The
10 29 board consists of seven members, two of whom shall be public
10 30 members and five of whom shall be real estate appraisers.
10 31 Sec. 13. Section 544A.1, unnumbered paragraph 2, Code
10 32 2003, is amended to read as follows:
10 33 The architectural examining board is created within the
10 34 professional licensing and regulation division of the
10 35 department of commerce secretary of state's office. The board
11 1 consists of five members who possess a certificate of
11 2 registration issued under section 544A.9 and who have been in
11 3 active practice of architecture for not less than five years,
11 4 the last two of which shall have been in Iowa, and two members
11 5 who do not possess a certificate of registration issued under
11 6 section 544A.9 and who shall represent the general public.
11 7 Members shall be appointed by the governor subject to
11 8 confirmation by the senate.
11 9 Sec. 14. Section 544A.5, Code 2003, is amended to read as
11 10 follows:
11 11 544A.5 DUTIES.
11 12 The architectural examining board shall enforce this
11 13 chapter, shall make rules for the examination of applicants
11 14 for the certificate of registration provided by this chapter,
11 15 and shall, after due public notice, hold meetings each year
11 16 for the purpose of examining applicants for registration and
11 17 the transaction of business pertaining to the affairs of the
11 18 board. Examinations shall be given as often as deemed
11 19 necessary, but not less than annually. Action at a meeting
11 20 shall not be taken without the affirmative votes of a majority
11 21 of the members of the board. The administrator of the
11 22 professional licensing and regulation division of the
11 23 department of commerce secretary of state's office shall hire
11 24 and provide staff to assist the board with implementing this
11 25 chapter.
11 26 Sec. 15. Section 544A.13, unnumbered paragraph 3, Code
11 27 2003, is amended to read as follows:
11 28 Proceedings for the revocation of a certificate shall be
11 29 initiated by filing written charges against the accused with
11 30 the board. Upon the filing of charges the board may request
11 31 the department of inspections and appeals to conduct an
11 32 investigation into the charges. The department of inspections
11 33 and appeals shall report its findings to the board, and a time
11 34 and place for the hearing of the charges shall be fixed by the
11 35 board if the board determines that a hearing is warranted. If
12 1 personal service or service through counsel cannot be
12 2 effected, service may be by publication. At the hearing, the
12 3 accused has the right to be represented by counsel, to
12 4 introduce evidence, and to examine and cross=examine
12 5 witnesses. The board may subpoena witnesses, administer oaths
12 6 to witnesses, and employ counsel. The board shall make a
12 7 written report of its findings, which shall be filed with the
12 8 secretary of state, and which is conclusive.
12 9 Sec. 16. Section 544B.3, unnumbered paragraph 1, Code
12 10 2003, is amended to read as follows:
12 11 A landscape architectural examining board is created within
12 12 the professional licensing and regulation division of the
12 13 department of commerce secretary of state's office. The board
12 14 consists of five members who are professional landscape
12 15 architects and two members who are not professional landscape
12 16 architects and who shall represent the general public.
12 17 Members shall be appointed by the governor, subject to
12 18 confirmation by the senate. A professional member shall be
12 19 actively engaged in the practice of landscape architecture or
12 20 the teaching of landscape architecture in an accredited
12 21 college or university, and shall have been so engaged for five
12 22 years preceding appointment, the last two of which shall have
12 23 been in Iowa. Associations or societies composed of
12 24 professional landscape architects may recommend the names of
12 25 potential board members to the governor. However, the
12 26 governor is not bound by the recommendations. A board member
12 27 shall not be required to be a member of any professional
12 28 association or society composed of professional landscape
12 29 architects.
12 30 Sec. 17. Section 544B.5, Code 2003, is amended to read as
12 31 follows:
12 32 544B.5 DUTIES.
12 33 The board shall enforce this chapter, shall make rules for
12 34 the examination of applicants for licensure, and, after public
12 35 notice, shall conduct examinations of applicants for
13 1 licensure. The board shall keep a record of its proceedings.
13 2 The board shall adopt an official seal which shall be affixed
13 3 to all certificates of licensure granted. The board may make
13 4 other rules, not inconsistent with law, as necessary for the
13 5 proper performance of its duties. The board shall maintain a
13 6 roster showing the name, place of business, and residence, and
13 7 the date and number of the certificate of licensure of every
13 8 professional landscape architect in this state. The
13 9 administrator of the professional licensing and regulation
13 10 division of the department of commerce secretary of state's
13 11 office shall hire and provide staff to assist the board in
13 12 implementing this chapter.
13 13 Sec. 18. Section 544B.16, Code 2003, is amended to read as
13 14 follows:
13 15 544B.16 PROCEDURE.
13 16 A person may file charges with the board against a
13 17 professional landscape architect or the board may initiate
13 18 charges. The charges shall be in writing, sworn to if by a
13 19 complainant other than the board, and filed with the board.
13 20 Unless the charges are dismissed by the board as unfounded or
13 21 trivial, the board may request the department of inspections
13 22 and appeals to conduct an investigation into the charges. The
13 23 department of inspections and appeals shall report its
13 24 findings to the board, and the board shall hold a hearing
13 25 within sixty days after the date on which the charges are
13 26 filed. The board shall fix the time and place for such
13 27 hearing and shall cause a copy of the charges, together with a
13 28 notice of the time and place fixed for the hearing, to be
13 29 served on the accused at least thirty days before the date
13 30 fixed for the hearing. Where personal service cannot be
13 31 effected, service may be effected by publication. At such
13 32 hearing, the accused shall have the right to appear personally
13 33 or by counsel, to cross=examine witnesses against the accused,
13 34 and to produce evidence and witnesses in defense. After the
13 35 hearing, the board may suspend or revoke the certificate of
14 1 licensure. The board may restore the certificate of licensure
14 2 to any person whose certificate of licensure has been revoked.
14 3 Application for the restoration of a certificate of licensure
14 4 shall be made in such manner, form, and content as the board
14 5 may prescribe.
14 6 Sec. 19. Section 546.2, subsection 3, paragraph g, Code
14 7 2003, is amended by striking the paragraph.
14 8 Sec. 20. Section 546.2, subsection 6, unnumbered paragraph
14 9 1, Code 2003, is amended to read as follows:
14 10 Each division is responsible for policymaking and
14 11 enforcement duties assigned to the division under the law.
14 12 Except as provided in section 546.10, subsection 3:
14 13 Sec. 21. Section 546.10, Code 2003, is repealed.
14 14 EXPLANATION
14 15 This bill provides for the transfer of the professional
14 16 licensing division of the department of commerce to the
14 17 secretary of state's office. The bill provides that the
14 18 secretary of state shall be responsible for overseeing the
14 19 administration of the professional licensing division, and
14 20 that the administrator of the division shall report to the
14 21 secretary of state. The bill creates a new Code section 9.8
14 22 containing the provisions of current Code section 546.10
14 23 relating to the establishment and administration of the
14 24 division.
14 25 The bill adds provisions relating to the administration of
14 26 the division, providing that all licensing boards in the
14 27 division may refuse to grant or renew a license to practice a
14 28 profession to any person otherwise qualified for any of the
14 29 grounds based upon which a license may be revoked or
14 30 suspended. The bill also provides that all licensing boards
14 31 in the division may suspend, revoke, or otherwise discipline a
14 32 licensee, or refuse to renew a license, based on the
14 33 revocation or suspension of, or other disciplinary action
14 34 against, a professional license by a licensing authority in
14 35 this or another state, the United States, a territory, or
15 1 other country.
15 2 The bill additionally provides that the maximum amount of a
15 3 civil penalty imposed as a disciplinary measure by licensing
15 4 boards in the division is increased from the current level of
15 5 $1,000 to an amount up to $25,000, and that staff members in
15 6 the division shall be employed subject to the merit system
15 7 provisions of Code chapter 19A.
15 8 The bill makes changes in the licensing provisions relating
15 9 to engineers and land surveyors, architects, landscape
15 10 architects, and relating to sales of subdivided land outside
15 11 of Iowa, providing for the elimination of references to
15 12 investigations performed by the department of inspections and
15 13 appeals in the course of a disciplinary proceeding. The bill
15 14 additionally provides that $30 of each fee for the renewal of
15 15 a real estate salesperson's or broker's license shall be paid
15 16 into the Iowa real estate education fund created in Code
15 17 section 543B.54.
15 18 The bill additionally provides for a number of conforming
15 19 changes in various professional licensure and regulation
15 20 chapters administered by the division.
15 21 LSB 1344HV 80
15 22 rn/sh/8