§ 543D.22 — Criminal background checks

Iowa § 543D.22

• Jurisdiction: Iowa
• Title XIII: COMMERCE
• Ch. 543D: REAL ESTATE APPRAISALS AND APPRAISERS

Text

1. a. Subject to paragraphs “b” and “c”, the board may require a national criminal
history check through the federal bureau of investigation for applicants for certification or
registration, or for persons certified or registered under this chapter, if needed for credibility,
to comply with federal law or regulation, or the policies of the appraiser qualifications board
of the appraisal foundation. The board may alternatively require a national criminal history
check through the nationwide mortgage licensing system and registry, as defined in section
535D.3, when conducting background investigations under this section, if authorized by
applicable federal law or regulation.
b. Theboardshallnotrequireanationalcriminalhistorycheckthroughthefederalbureau
ofinvestigationforapplicantsforupgradedcertificationorregistrationiftheapplicantapplies
for the upgraded certification or registration within twenty-four months following the date
the applicant obtained their original certification or registration under this chapter.
c. By signing and submitting to the board a statement declaring that there have been no
changes to the applicant’s criminal history since the date of the waiver specified in subsection
4, and that there are no active or pending complaints in any state against the applicant, any of
the following individuals may seek a waiver of the board’s requirement to undergo a national
criminal history check:
(1) An applicant for upgraded certification or registration who obtained their original
certification or registration under this chapter more than twenty-four months prior to
applying for the upgraded certification or registration.
(2) An applicant for upgraded certification applying to the board under a reciprocity
agreement.
2. The board may require applicants, certificate holders, or registrants to provide a full set
of fingerprints, in a form and manner prescribed by the board. Such fingerprints, if required,
shall be submitted to the federal bureau of investigation through the state criminal history
repository for purposes of the national criminal history check.
3. a. Subject to paragraphs “b” and “c”, the board may also request and obtain,
notwithstanding section 692.2, subsection 5, criminal history data for applicants, certificate
holders, and registrants. A request for criminal history data shall be submitted to the
department of public safety, division of criminal investigation, pursuant to section 692.2,
subsection 1.
b. The board shall not request or obtain criminal history data for applicants for
upgraded certification or registration if the applicant applies for the upgraded certification
or registration within twenty-four months following the date the applicant obtained their
original certification or registration under this chapter.
c. By signing and submitting to the board a statement declaring that there have been
no changes to the applicant’s criminal history data since the date of the waiver specified
§543D.22, REAL ESTATE APPRAISALS AND APPRAISERS 12
in subsection 4, and that there are no active or pending complaints in any state against the
applicant, any of the following individuals may seek a waiver of the board’s request to obtain
criminal history data:
(1) An applicant for upgraded certification or registration who obtained their original
certification or registration under this chapter more than twenty-four months prior to
applying for the upgraded certification or registration.
(2) An applicant for upgraded certification applying to the board under a reciprocity
agreement.
4. Theboardshallinformtheapplicant, certificateholder, orregistrantoftherequirement
of a national criminal history check or request for criminal history data and obtain a signed
waiver from the applicant, certificate holder, or registrant prior to requesting the check or
data.
5. The board may, in addition to any other fees, charge and collect such amounts as may
beincurredbytheboard, thedepartmentofpublicsafety, orfederalbureauofinvestigationin
obtaining criminal history information. Amounts collected shall be considered appropriated
receipts as defined in section 8.2.
6. Criminal history data and other criminal history information relating to an applicant,
certificate holder, or registrant obtained by the board pursuant to this section is confidential.
Such information may, however, be used by the board in a certificate or registration denial or
disciplinary proceeding.