543B.29 Revocation or suspension. 1. A license to practice the profession of real estate broker and salesperson may be revoked or suspended when the licensee is guilty of any of the following acts or offenses: a. Fraud in procuring a license.b. Having made a false statement of material fact on an application for a real estate broker’s or salesperson’s license, or having caused to be submitted, or having been a partyto preparing or submitting any false application for such license. c. Professional incompetency.d. Knowingly making misleading, deceptive, untrue, or fraudulent representations in the practice of the profession or engaging in unethical conduct or practice harmful or detrimentalto the public. Proof of actual injury need not be established. e. Habitual intoxication or addiction to the use of drugs.f. Conviction of an offense included in section 543B.15, subsection 3. For purposes of this section, 'conviction' means a conviction for an indictable offense and includes the court’sacceptance of a guilty plea, a deferred judgment from the time of entry of the deferredjudgment until the time the defendant is discharged by the court without entry of judgment,or other finding of ’sacceptance of a guilty plea, a deferred judgment from the time of entry of the deferredjudgment until the time the defendant is discharged by the court without entry of judgment,or other finding of guilt by a court of competent jurisdiction. A copy of the record of conviction, guilty plea, deferred judgment, or other finding of guilt is conclusive evidence. (1) A licensed real estate broker or salesperson shall notify the commission of the licensee’s conviction of an offense included in section 543B.15, subsection 3, paragraph'a', within ten days of the conviction. Notification of a conviction for an offense whichis classified as a felony shall result in the immediate suspension of a license pending theoutcome of a hearing conducted pursuant to section 543B.35 to determine the nature of thedisciplinary action, if any, the commission will impose on the licensee. The hearing shallbe conducted within thirty days of the licensee’s notification to the commission, and thecommission’s decision shall be provided to the licensee no later than thirty days followingthe hearing. The failure of the licensee to notify the commission of the conviction within tendays of the date of the n’s decision shall be provided to the licensee no later than thirty days followingthe hearing. The failure of the licensee to notify the commission of the conviction within tendays of the date of the conviction is sufficient grounds for revocation of the license. (2) The commission, when considering the revocation or suspension of a license pursuant to this paragraph 'f', shall consider the nature of the offense; any aggravating or extenuatingcircumstances which are documented; the time lapsed since the conduct or conviction; therehabilitation, treatment, or restitution performed by the licensee; and any other factors thecommission deems relevant. Character references may be required but shall not be obtainedfrom licensed real estate brokers or salespersons. g. Fraud in representations as to skill or ability.h. Use of untruthful or improbable statements in advertisements.i. Willful or repeated violations of the provisions of this chapter.j. Noncompliance with insurance requirements under section 543B.47.k. Noncompliance with the trust account requirements under section 543B.46.l. Revocation of any professional license held by the licensee in this or any other jurisdiction. 2. s under section 543B.47.k. Noncompliance with the trust account requirements under section 543B.46.l. Revocation of any professional license held by the licensee in this or any other jurisdiction. 2. The revocation of a broker’s license shall automatically suspend every license granted to any person by virtue of the person’s employment by the broker whose license has beenrevoked, pending a change of employer and the issuance of a new license. The new licenseshall be issued upon payment of a fee in an amount determined by the commission basedupon the administrative costs involved, if granted during the same license period in whichthe original license was granted. 3. A real estate broker or salesperson who is an owner or lessor of property or an employee of an owner or lessor may have the broker’s or salesperson’s license revoked or suspended forviolations of this section or section 543B.34, except section 543B.34, subsection 1, paragraphs'd', 'e', 'f', and 'i', with respect to that property. 4. A real estate broker’s or salesperson’s license shall be revoked following three violations of this section or section 543B.34 within a three-year period. , and 'i', with respect to that property. 4. A real estate broker’s or salesperson’s license shall be revoked following three violations of this section or section 543B.34 within a three-year period. [C31, 35, §1905-c43; C39, §1905.40; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §117.29; 81 Acts, ch 54, §16, 17] Sat Dec 23 01:45:27 2023 Iowa Code 2024, Section 543B.29 (28, 1) §543B.29, REAL ESTATE BROKERS AND SALESPERSONS 2 83 Acts, ch 101, §14; 90 Acts, ch 1126, §1; 92 Acts, ch 1242, §20C93, §543B.2995 Acts, ch 64, §2, 3; 2008 Acts, ch 1099, §3; 2010 Acts, ch 1068, §4, 5; 2010 Acts, ch 1193, §62; 2011 Acts, ch 73, §1; 2013 Acts, ch 30, §137; 2017 Acts, ch 71, §3 Referred to in §272C.3, 272C.4, 543B.43, 543B.60A Sat Dec 23 01:45:28 2023 Iowa Code 2024, Section 543B.29 (28, 1)
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