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Practice Of Real EstateLicense_lawMEDIUM

The Iowa Real Estate Commission receives a complaint that broker Linda has been operating without maintaining a required trust account for earnest money deposits. During its investigation, the IREC finds probable cause to believe a violation has occurred. Which of the following actions may the IREC take at this stage, prior to a formal hearing?

Correct Answer

B) The IREC may issue a temporary cease and desist order and schedule a formal hearing to determine whether disciplinary action is warranted

Under Iowa Code Chapter 543B and Iowa Administrative Code 193E, the IREC has authority to issue temporary cease and desist orders when there is probable cause of a violation, while simultaneously scheduling a formal hearing to adjudicate the matter. This protects consumers during the investigative process without bypassing due process requirements.

Answer Options
A
The IREC may immediately revoke Linda's license without a hearing, since trust account violations are considered per se grounds for revocation
B
The IREC may issue a temporary cease and desist order and schedule a formal hearing to determine whether disciplinary action is warranted
C
The IREC must wait for a consumer to file a civil lawsuit before taking any administrative action against Linda
D
The IREC may only send Linda a written notice of deficiency and allow her 30 days to voluntarily correct the violation before taking further action

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Related Topics & Key Terms

Key Terms:

irec_authoritycease_and_desisttrust_accountprobable_causedue_process

Related Concepts

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.

The National Do Not Call Registry is a federal program administered by the FTC that allows consumers to opt out of receiving unsolicited telemarketing calls, including calls from real estate agents soliciting business.

Brokers in Florida have strict responsibilities for managing escrow accounts, including monthly reconciliation and proper handling of trust funds.

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