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Practice Of Real EstateLicense_lawEASY

The Iowa Real Estate Commission wishes to adopt a new rule requiring all licensed brokers to maintain electronic trust account records for a minimum of five years. Under Iowa administrative law, which process must the IREC follow to make this rule effective?

Correct Answer

D) The IREC must follow the Iowa Administrative Procedure Act rulemaking process, including public notice and comment periods

The IREC is an administrative agency that promulgates rules under Iowa Administrative Code 193E. Any new rule must follow the Iowa Administrative Procedure Act (Iowa Code Chapter 17A), which requires public notice, an opportunity for public comment, and proper filing with the Iowa Administrative Rules Coordinator before the rule takes effect.

Answer Options
A
The IREC must submit the proposed rule to the Iowa Legislature for a majority vote before it takes effect
B
The IREC must obtain written approval from the Iowa Governor before any new administrative rule becomes effective
C
The IREC may immediately implement the rule by issuing a formal directive to all licensees without further process
D
The IREC must follow the Iowa Administrative Procedure Act rulemaking process, including public notice and comment periods

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Related Topics & Key Terms

Key Terms:

irec_rulemakingadministrative_procedureiowa_aac_193eagency_authority

Related Concepts

Commingling is the illegal act of mixing client funds with a broker's personal or business operating funds, while conversion is the unauthorized use of client funds for the broker's own benefit. Both are serious violations that can result in license revocation.

Commingling is the illegal act of mixing client trust funds with a broker's personal or business operating funds; conversion is the misappropriation of those funds.

Continuing education (CE) refers to the ongoing coursework that licensed real estate professionals must complete during each renewal cycle to maintain an active license. CE ensures agents stay current with changes in laws, regulations, and industry practices.

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