§ 543b-15

543B.15 Qualifications. 1. Except as provided in section 543B.20 an applicant for a real estate broker’s or salesperson’s license must be a person whose application has not been rejected for licensurein this or any other state within twelve months prior to the date of application, and whosereal estate license has not been revoked in this or any other state within two years prior todate of application. 2. To qualify for a license as a real estate broker or salesperson a person shall be eighteen years of age or over. However, an applicant is not ineligible because of citizenship, sex,race, religion, marital status, or national origin, although the application form may requirecitizenship information. 3. a. An applicant for a real estate broker’s or salesperson’s license who has been convicted of an offense specified in this subsection shall not be considered for licensure untilthe following time periods have elapsed following completion of any applicable period ofincarceration, or payment of a fine or fulfillment of any other type of sentence: (1) For an offense which is classified as a felony, an offense including or involving forgery, embezzlement, obtaining money under false

ayment of a fine or fulfillment of any other type of sentence: (1) For an offense which is classified as a felony, an offense including or involving forgery, embezzlement, obtaining money under false pretenses, theft, arson, extortion, conspiracy todefraud, or other similar offense, or any other offense involving a criminal breach of fiduciaryduty, five years. (2) For any offense not described in subparagraph (1) involving moral turpitude, one year.b. After expiration of the time periods specified in paragraph 'a', an application shall be considered by the commission pursuant to subsection 6 and may be denied on the grounds ofthe conviction. An applicant may request a hearing pursuant to section 543B.19 in the eventof a denial. c. For purposes of this section, 'convicted' or 'conviction' means a conviction for an indictable offense and includes a court’s acceptance of a guilty plea, deferred judgment fromthe time of entry of the deferred judgment until the time the defendant is discharged by thecourt without entry of judgment, or other finding of guilt by a court of competent jurisdictionin this state, or in any other state, territory, or district of the United States, or in any

arged by thecourt without entry of judgment, or other finding of guilt by a court of competent jurisdictionin this state, or in any other state, territory, or district of the United States, or in any foreignjurisdiction. A copy of the record of conviction is conclusive evidence of such conviction. 4. An applicant for a real estate broker’s or salesperson’s license who has had a professional license of any kind revoked or suspended or who has had any other formof discipline imposed, in this or any other jurisdiction, may be denied a license by thecommission on the grounds of the revocation, suspension, or other discipline. 5. A person who makes a false statement of material fact on an application for a real estate broker’s or salesperson’s license, or who causes to be submitted, or has been a partyto preparing or submitting any false application for such license, may be denied a license bythe commission on the grounds of the false statement or submission. 6. The commission, when considering the denial of a license pursuant to this section, shall consider the nature of the offense; any aggravating or extenuating circumstances which aredocumented; the time lapsed since the

hen considering the denial of a license pursuant to this section, shall consider the nature of the offense; any aggravating or extenuating circumstances which aredocumented; the time lapsed since the revocation, conduct, or conviction; the rehabilitation,treatment, or restitution performed by the applicant; and any other factors the commissiondeems relevant. Character references may be required but shall not be obtained from licensedreal estate brokers or salespersons. 7. To qualify for a license as a real estate broker, a person shall complete at least sixty contact hours of commission approved real estate education within twenty-fourmonths prior to taking the broker examination. This education shall be in addition to therequired salesperson prelicense course. The applicant shall have been a licensed real estatesalesperson actively engaged in real estate for a period of at least twenty-four monthspreceding the date of application, or shall have had experience substantially equal tothat which a licensed real estate salesperson would ordinarily receive during a period oftwenty-four months, whether as a former broker or salesperson, a manager of real estate, orotherwise. 8.

ual tothat which a licensed real estate salesperson would ordinarily receive during a period oftwenty-four months, whether as a former broker or salesperson, a manager of real estate, orotherwise. 8. A qualified applicant for a license as a real estate salesperson shall complete a commission approved short course in real estate education of at least thirty hours during thetwelve months prior to taking the salesperson examination. Sat Dec 23 01:45:18 2023 Iowa Code 2024, Section 543B.15 (23, 1) §543B.15, REAL ESTATE BROKERS AND SALESPERSONS 2 9. An applicant for an initial real estate broker’s or salesperson’s license shall be subject to a national criminal history check through the federal bureau of investigation.The commission shall request the criminal history check and shall provide the applicant’sfingerprints to the department of public safety for submission through the state criminalhistory repository to the federal bureau of investigation. The applicant shall authorize release of the results of the criminal history check to the real estate commission. Theapplicant shall pay the actual cost of the fingerprinting and criminal history check, if any.Unless the criminal history

of the results of the criminal history check to the real estate commission. Theapplicant shall pay the actual cost of the fingerprinting and criminal history check, if any.Unless the criminal history check was completed within the two hundred ten calendardays prior to the date the license application is received by the real estate commission,the commission shall reject and return the application to the applicant. The commissionshall process the application but hold delivery of the license until the background check iscomplete. The results of a criminal history check conducted pursuant to this subsectionshall not be considered a public record under chapter 22. [C31, 35, §1905-c30; C39, §1905.27; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §117.15; 81 Acts, ch 54, §6, 7] 85 Acts, ch 82, §1C93, §543B.1595 Acts, ch 64, §1; 2002 Acts, ch 1031, §2; 2005 Acts, ch 36, §1; 2006 Acts, ch 1055, §3; 2007 Acts, ch 187, §1, 2; 2008 Acts, ch 1099, §1, 2; 2010 Acts, ch 1068, §1 – 3; 2017 Acts, ch 71, §1 Referred to in §543B.28, 543B.29, 543B.43 Sat Dec 23 01:45:18 2023 Iowa Code 2024, Section 543B.15 (23, 1)