Iowa Administrative Code
Agency 193F - REAL ESTATE APPRAISER EXAMINING BOARD
Chapter 8 - INVESTIGATIONS AND DISCIPLINARY PROCEDURES
Rule 193F-8.5 - Complaints

Universal Citation: IA Admin Code 193F-8.5

Current through Register Vol. 46, No. 19, March 20, 2024

Written complaints may be submitted to the board office by mail, email, facsimile or personal delivery by members of the public, including clients, business organizations, lenders, governmental bodies, licensees, or other individuals or entities with knowledge of possible law or rule violations by licensees.

(1) Contents of a written complaint. Written complaints may be submitted on forms provided by the board that are available from the board office and on the board's website. Written complaints, whether submitted on a board complaint form or in other written media, shall contain the following information:

a. The full name, address, and telephone number of the complainant (person complaining), unless the complaint is submitted anonymously.

b. The full name, address, and telephone number of the respondent (licensee against whom the complaint is filed).

c. A statement of the facts and circumstances giving rise to the complaint, including a description of the alleged acts or omissions that the complainant believes demonstrate that the respondent has violated or is violating laws or rules enforced by the board.

d. If known, citations to the laws or rules allegedly violated by the respondent. e. Evidentiary supporting documentation. f. Steps, if any, taken by the complainant to resolve the dispute with the respondent prior to filing a complaint.

(2) Immunity. As provided by Iowa Code section 272C.8, a person shall not be civilly liable as a result of filing a report or complaint with the board unless such act is done with malice, nor shall an employee be dismissed from employment or discriminated against by an employer for filing such are port or complaint.

(3) Role of complainant. The role of the complainant in the disciplinary process is limited to providing the board with factual information relative to the complaint. A complainant is not party to any disciplinary proceeding which may be initiated by the board based in whole or in part on information provided by the complainant.

(4) Role of the board. The board does not act as an arbiter of disputes between private parties, nor does the board initiate disciplinary proceedings to advance the private interest of any person or party. The role of the board in the disciplinary process is to protect the public by investigating complaints and initiating disciplinary proceedings in appropriate cases. The board possesses sole decision-making authority throughout the disciplinary process, including the authority to determine whether a case will be investigated, the manner of the investigation, whether a disciplinary proceeding will be initiated, and the appropriate licensee discipline to be imposed, if any.

(5) Initial complaint screening. All written complaints received by the board shall be initially screened by the board's executive officer to determine whether the allegations of the complaint fall within the board's investigatory jurisdiction and whether the facts presented, if true, would constitute a basis for disciplinary action against a licensee. Complaints which are clearly outside the board's jurisdiction, which clearly do not allege facts upon which disciplinary action would be based, or which are frivolous shall be referred by the board's executive officer to the board for closure at the next scheduled board meeting. All other complaints shall be investigated and referred by the board's executive officer to the board's disciplinary committee for committee review as described in subrule 8.8(1).

Disclaimer: These regulations may not be the most recent version. Iowa may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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