§ 522F.22 — Reinstatement or reissuance of license after disciplinary matters — forfeiture in lieu of compliance

Iowa § 522F.22

• Jurisdiction: Iowa
• Title XIII: COMMERCE
• Ch. 522F: LICENSING AND REGULATION OF APPRAISERS AND UMPIRES

Text

lieu of compliance.
1. a. A person licensed under this chapter as an appraiser or umpire whose license
has been revoked or suspended by order, or who forfeited a license in connection with
a disciplinary matter, may apply to the commissioner for reinstatement or reissuance in
accordance with the terms of the order of revocation or suspension, or the order accepting
the forfeiture, and submit to a criminal history check under section 522B.5A.
b. (1) Proceedings for reinstatement or reissuance shall be initiated by the applicant
who shall file with the commissioner an application for reinstatement or reissuance after
disciplinary action.
(2) An appraiser shall not be eligible for reinstatement or reissuance until the appraiser
satisfies the requirements under section 522F.3 and pays any required fees. An appraiser may
be required to submit a new or renewal appraiser application under section 522F.5.
(3) An umpire shall not be eligible for reinstatement or reissuance until the umpire
satisfies the requirements under section 522F.8 and pays any required fees. An umpire may
be required to submit a new or renewal umpire application under section 522F.10.
c. An application for reinstatement or reissuance shall allege facts which, if established,
are sufficient to enable the commissioner to determine that the basis of revocation,
suspension, or forfeiture of the applicant’s license no longer exists, and must disclose if the
applicant has engaged in any conduct listed as a cause for licensing action that was not
included in the order for suspension, revocation, or forfeiture.
d. An application for reinstatement or reissuance shall allege facts which, if established,
are sufficient to enable the commissioner to determine that it is in the public interest for the
applicationtobegranted. Thecommissionermaydeterminethatitisnotinthepublicinterest
if the applicant has engaged in any conduct listed as a cause for licensing action that was not
included in the order for suspension, revocation, or forfeiture, or if the applicant does not
have the character and fitness to be a licensed appraiser or umpire in this state.
e. The burden of proof to establish facts identified in paragraphs “c” and “d” shall be on
the applicant.
f. A person licensed as an appraiser or an umpire may request reinstatement of a
suspended license prior to the end of the suspension term.
g. Unless otherwise provided by law, if an order of revocation or suspension did not
establish terms upon which reinstatement or reissuance may occur, or if the license was
forfeited, an initial application for reinstatement or reissuance shall not be made until at
least one year from the date of the order of the suspension, revocation, or acceptance of the
forfeiture of a license.
2. All proceedings upon the application for reinstatement or reissuance, including
preliminary and ancillary matters, shall be held in accordance with chapter 17A. The
applicationshallbedocketedintheoriginalcaseinwhichtheoriginallicensewassuspended,
revoked, or forfeited, if the case exists.
3. An order of reinstatement or reissuance shall be based on a written decision which
incorporates findings of fact and conclusions of law. An order granting an application for
reinstatement or reissuance may impose such terms and conditions as the commissioner or
the commissioner’s designee deems appropriate, which may include one or more penalties
provided under this chapter. The order shall be a public record and may be disseminated in
compliance with chapter 22.
§522F.22, LICENSING AND REGULATION OF APPRAISERS AND UMPIRES 16
4. If an appraiser’s or umpire’s ordered suspension period ends prior to the appraiser’s or
umpire’slicenseexpirationdateandtheappraiserorumpireappliesforreinstatementpriorto
the license expiration date and meets all applicable requirements, the division shall reinstate
the license as soon as practicable but no earlier than the end of the suspension period if the
division, after a complete review, determines the license should be reinstated.
5. If an appraiser’s or umpire’s license is suspended beyond the appraiser’s or umpire’s
license expiration date, whether due to an ordered suspension time period or failure to apply
for reinstatement prior to expiration, the appraiser or umpire must apply for reissuance.
6. A submission of voluntary forfeiture of a license shall be made in writing to the
commissioner. Forfeiture of a license is effective upon the date of submission unless
a contested case proceeding is pending on the date of submission. If a contested case
proceeding is pending, the forfeiture shall become effective upon conditions as required
by order of the commissioner. A forfeiture made during the pendency of a contested case
proceeding shall be considered a disciplinary action and shall be published in the same
manner as is applicable to any other form of disciplinary order.
7. The commissioner shall not be prohibited from denying an application for
reinstatement or reissuance, or bringing an additional immediate action, if an appraiser or
umpire has engaged in an additional violation of chapter 507B or this chapter or otherwise
failed to meet all applicable requirements.
8. This section shall not apply to reinstatement of an expired license or issuance of a new
license that is not in connection with a disciplinary matter.