ARC 7771C
REAL ESTATE COMMISSION[193E]
Adopted and Filed
Rulemaking related to fees
The Real Estate Commission hereby rescinds Chapter 9, “Fees,” Iowa Administrative Code, and adopts a new chapter with the same title.
Legal Authority for Rulemaking
This rulemaking is adopted under the authority provided in Iowa Code chapter 543B.
State or Federal Law Implemented
This rulemaking implements, in whole or in part, Iowa Code chapters 17A, 272C and 543B.
Purpose and Summary
This chapter sets standards for fees for the Commission. Iowa licensees, future licensees and employers benefit from the rules since the rules articulate the process that individuals will need to follow to pay for initial licensure, renewal, and reinstatement.
Public Comment and Changes to Rulemaking
Notice of Intended Action for this rulemaking was published in the Iowa Administrative Bulletin on January 10, 2024, as ARC 7450C. Public hearings were held on January 30 and 31, 2024, at 11 a.m.	at 6200 Park Avenue, Des Moines, Iowa. No one attended the public hearings. No public comments were received. No changes from the Notice have been made.
Adoption of Rulemaking
This rulemaking was adopted by the Commission on March 7, 2024.
Fiscal Impact
This rulemaking has no fiscal impact to the State of Iowa.
Jobs Impact
After analysis and review of this rulemaking, no impact on jobs has been found.
Waivers
Any person who believes that the application of the discretionary provisions of this rulemaking would result in hardship or injustice to that person may petition the Department of Inspections, Appeals, and Licensing for a waiver of the discretionary provisions, if any, pursuant to 481—Chapter 6.
Review by Administrative Rules Review Committee
The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rulemaking by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rulemaking at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).
Effective Date
This rulemaking will become effective on May 22, 2024.
The following rulemaking action is adopted:
	Item 1. Rescind 193E—Chapter 9 and adopt the following new chapter in lieu thereof:
CHAPTER 9
FEES
193E—9.1(543B) Fees.
	9.1(1) Original license or renewal.

Broker license	$170	
Additional officer or partner license	$50	
Firm license	$170	
Branch office license	$50	
Trade name license	$50	
Salesperson license	$125	
	9.1(2) Fee for renewal of broker and salesperson license between January 1 and January 30 following expiration of license is the regular renewal fee plus $25 reinstatement fee.

Broker license	$195	
Salesperson license	$150	
Reinstatement fee is not applicable to a firm license, additional officer license, additional partner license, trade name license, or branch office license.
	9.1(3) Fee for certification of license is $25.
193E—9.2(543B) Refunds and bad payments.
	9.2(1) Fees remitted with an application for license will be refunded if the commission finds the applicant is not qualified for a license.
	9.2(2) Fees will not be refunded for the unexpired term of a license that has been issued and is in effect.
	9.2(3) A fee remitted in error will be refunded if it is received as a separate check. If not received as a separate check, a fee remitted in error will be refunded if a written request is received within 30 days of receipt of the fee.
	9.2(4) Payment of a fee with a bad payment is prima facie evidence of a violation of Iowa Code section 543B.29(1) or 543B.34(8) or both.
	9.2(5) If a bad payment is received for an original license, the application for license is deemed incomplete and the license null and void.
	9.2(6) If a bad payment is received for renewal of a license, the application is deemed incomplete and the license issued for the new term is deemed null and void. If a replacement payment is not received by the commission by the date of expiration of the license (December 31), the appropriate reinstatement fee is added to the unpaid renewal fee.
193E—9.3(543B) Examination fee. The examination fee is paid directly to the testing service at the prevailing rate established by contract between the commission and the testing service.
These rules are intended to implement Iowa Code section 543B.27.
[Filed 3/21/24, effective 5/22/24]
[Published 4/17/24]
Editor’s Note: For replacement pages for IAC, see IAC Supplement 4/17/24.