Read the full stored bill text
House
File
957
-
Introduced
HOUSE
FILE
957
BY
COMMITTEE
ON
LOCAL
GOVERNMENT
(SUCCESSOR
TO
HSB
246)
A
BILL
FOR
An
Act
relating
to
the
natural
hazard
mitigation
financing
1
program,
the
disaster
recovery
housing
assistance
program,
2
the
disaster
recovery
new
housing
program,
post-loss
3
assignment
of
benefits,
the
licensing
and
regulation
4
of
adjusters,
appraisers,
and
umpires,
and
the
Iowa
5
economic
emergency
fund,
and
providing
penalties,
making
6
appropriations,
and
including
effective
date
and
retroactive
7
applicability
provisions.
8
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
9
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(2)
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957
DIVISION
I
1
NATURAL
HAZARD
MITIGATION
FINANCING
PROGRAM
2
Section
1.
NEW
SECTION
.
16.230
Definitions.
3
1.
“Department”
means
the
department
of
homeland
security
4
and
emergency
management.
5
2.
“Fund”
means
the
natural
hazard
mitigation
revolving
loan
6
fund
created
in
section
29D.4.
7
3.
“Loan
recipient”
means
the
same
as
defined
in
section
8
29D.2.
9
4.
“Program”
means
the
natural
hazard
mitigation
financing
10
program
created
in
section
29D.3.
11
5.
“Project”
means
the
same
as
defined
in
section
29D.2.
12
Sec.
2.
NEW
SECTION
.
16.231
Funds
and
accounts
——
program
13
funds
and
accounts
not
part
of
state
general
fund.
14
1.
The
department,
in
consultation
with
the
authority,
15
may
establish
and
maintain
funds
or
accounts
determined
to
16
be
necessary
to
carry
out
the
purposes
of
chapter
29D
and
17
shall
provide
for
the
funding,
administration,
investment,
18
restrictions,
and
disposition
of
the
funds
and
accounts.
19
Any
moneys
appropriated
to
the
department
and
the
authority
20
for
purposes
of
paying
the
costs
and
expenses
associated
21
with
the
administration
of
the
program
shall
be
administered
22
as
determined
by
the
department
in
consultation
with
the
23
authority.
24
2.
The
funds
or
accounts
held
by
the
department
or
the
25
authority,
or
a
trustee
acting
on
behalf
of
the
department
or
26
the
authority
pursuant
to
a
trust
agreement
related
to
the
27
program,
shall
not
be
considered
part
of
the
general
fund
of
28
the
state,
are
not
subject
to
appropriation
for
any
other
29
purpose
by
the
general
assembly,
and
in
determining
a
general
30
fund
balance
shall
not
be
included
in
the
general
fund
of
the
31
state,
but
shall
remain
in
the
funds
and
accounts
maintained
32
by
the
department
or
the
authority,
or
a
trustee
pursuant
to
a
33
trust
agreement.
Funds
and
accounts
held
by
the
department
or
34
the
authority,
or
a
trustee
acting
on
behalf
of
the
department
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or
the
authority
pursuant
to
a
trust
agreement
related
to
the
1
program,
are
separate
dedicated
funds
and
accounts
under
the
2
administration
and
control
of
the
department
in
consultation
3
with
the
authority.
4
Sec.
3.
NEW
SECTION
.
16.232
Program
funding
——
bonds
and
5
notes.
6
1.
The
authority
shall
cooperate
with
the
department
in
the
7
creation,
administration,
and
financing
of
the
program.
8
2.
The
authority
may
issue
bonds
and
notes
for
the
purpose
9
of
funding
the
fund
and
the
state
matching
funds
required
10
pursuant
to
the
federal
Robert
T.
Stafford
Disaster
Relief
11
and
Emergency
Assistance
Act,
Pub.
L.
No.
93-288,
as
amended,
12
42
U.S.C.
§5121
et
seq.
The
authority
may
enter
into
one
or
13
more
loan
agreements
or
purchase
agreements
with
one
or
more
14
bondholders
or
noteholders
containing
the
terms
and
conditions
15
of
the
repayment
of,
and
the
security
for,
each
bond
or
note.
16
The
authority
and
each
bondholder
or
noteholder,
or
a
trustee
17
agent
designated
by
the
authority,
may
enter
into
an
agreement
18
to
provide
for
any
of
the
following:
19
a.
That
the
proceeds
of
the
bond
or
note
and
the
investments
20
of
the
proceeds
may
be
received,
held,
and
disbursed
by
the
21
authority
or
by
a
trustee
or
agent
designated
by
the
authority.
22
b.
That
the
bondholder
or
noteholder,
or
a
trustee
or
23
agent
designated
by
the
authority,
may
collect,
invest,
and
24
apply
the
amount
payable
under
the
loan
agreement
or
any
other
25
instruments
securing
the
debt
obligations
under
the
loan
26
agreement.
27
c.
That
the
bondholder
or
noteholder
may
enforce
the
28
remedies
provided
in
the
loan
agreement
or
other
instruments
on
29
the
bondholder’s
or
noteholder’s
behalf
without
the
appointment
30
or
designation
of
a
trustee.
If
there
is
a
default
in
the
31
principal
of,
or
interest
on,
the
bond
or
note
or
in
the
32
performance
of
any
agreement
contained
in
the
loan
agreement
or
33
other
instrument,
the
payment
or
performance
may
be
enforced
in
34
accordance
with
the
loan
agreement
or
other
instrument.
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d.
Other
terms
and
conditions
as
deemed
necessary
or
1
appropriate
by
the
authority.
2
3.
Chapter
16,
except
to
the
extent
inconsistent
with
this
3
section,
shall
apply
to
bonds
or
notes
issued,
and
powers
4
granted
to
the
authority,
under
this
section.
Section
16.28,
5
subsection
4,
shall
not
apply
to
this
section.
6
4.
All
bonds
or
notes
issued
by
the
authority
in
connection
7
with
the
program
are
exempt
from
taxation
by
this
state
and
the
8
interest
on
the
bonds
or
notes
is
exempt
from
state
income
tax.
9
Sec.
4.
NEW
SECTION
.
16.233
Security
——
reserve
funds
——
10
pledges
——
nonliability.
11
1.
The
authority
may
provide
in
the
resolution,
trust
12
agreement,
or
other
instrument
authorizing
the
issuance
of
13
bonds
or
notes
pursuant
to
chapter
29D
that
the
principal
of,
14
premium,
and
interest
on
the
bonds
or
notes
are
payable
from
15
any
of
the
following
and
may
pledge
the
same
to
the
authority’s
16
bonds
or
notes:
17
a.
The
income
and
receipts
or
other
moneys
derived
from
the
18
projects
financed
with
the
proceeds
of
the
bonds
or
notes.
19
b.
The
income
and
receipts
or
other
moneys
derived
from
20
designated
projects
whether
or
not
the
projects
are
financed
in
21
whole
or
in
part
with
the
proceeds
of
the
bonds
or
notes.
22
c.
The
amounts
on
deposit
in
the
fund.
23
d.
The
amounts
payable
to
the
authority
by
loan
recipients
24
pursuant
to
loan
agreements
with
loan
recipients.
25
e.
Any
other
funds
or
accounts
established
by
the
authority
26
in
connection
with
the
program
or
the
sale
and
issuance
of
the
27
authority’s
bonds
or
notes.
28
2.
The
authority
may
establish
reserve
funds
to
secure
29
one
or
more
issues
of
its
bonds
or
notes.
The
authority
may
30
deposit
in
a
reserve
fund
established
under
this
subsection
31
the
proceeds
of
the
sale
of
the
authority’s
bonds
or
notes
and
32
other
moneys
which
are
made
available
from
any
other
source.
33
3.
It
is
the
intention
of
the
general
assembly
that
a
pledge
34
made
in
respect
of
bonds
or
notes
shall
be
valid
and
binding
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from
the
time
the
pledge
is
made,
that
the
moneys
or
property
1
so
pledged
and
received
after
the
pledge
by
the
authority
2
shall
immediately
be
subject
to
the
lien
of
the
pledge
without
3
physical
delivery
or
further
act,
and
that
the
lien
of
the
4
pledge
shall
be
valid
and
binding
as
against
all
parties
having
5
claims
of
any
kind
in
tort,
contract,
or
otherwise
against
6
the
authority
whether
or
not
the
parties
have
notice
of
the
7
lien.
Neither
the
resolution,
trust
agreement,
nor
any
other
8
instrument
by
which
a
pledge
is
created
needs
to
be
recorded
or
9
filed
under
the
Iowa
uniform
commercial
code,
chapter
554,
to
10
be
valid,
binding,
or
effective
against
the
parties.
11
4.
Neither
the
members
of
the
authority
nor
persons
12
executing
the
bonds
or
notes
are
liable
personally
on
the
bonds
13
or
notes
or
are
subject
to
personal
liability
or
accountability
14
by
reason
of
the
issuance
of
the
bonds
or
notes.
15
5.
The
bonds
or
notes
issued
by
the
authority
are
not
16
an
indebtedness
or
other
liability
of
the
state
or
of
a
17
political
subdivision
of
the
state
within
the
meaning
of
any
18
constitutional
or
statutory
debt
limitations
but
are
special
19
obligations
of
the
authority,
and
are
payable
solely
from
20
the
income
and
receipts
or
other
funds
or
property
of
the
21
authority,
and
the
amounts
on
deposit
in
the
revolving
loan
22
funds,
and
the
amounts
payable
to
the
authority
under
the
23
authority’s
loan
agreements
with
loan
recipients
to
the
extent
24
that
the
amounts
are
designated
in
the
resolution,
trust
25
agreement,
or
other
instrument
of
the
authority
authorizing
the
26
issuance
of
the
bonds
or
notes
as
being
available
as
security
27
for
such
bonds
or
notes.
The
authority
shall
not
pledge
the
28
faith
or
credit
of
the
state
or
of
a
political
subdivision
of
29
the
state
to
the
payment
of
any
bonds
or
notes.
The
issuance
30
of
any
bonds
or
notes
by
the
authority
does
not
directly,
31
indirectly,
or
contingently
obligate
the
state
or
a
political
32
subdivision
of
the
state
to
apply
moneys
from,
or
levy
or
33
pledge
any
form
of
taxation
to
the
payment
of
the
bonds
or
34
notes.
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Sec.
5.
NEW
SECTION
.
29D.1
Short
title.
1
This
chapter
shall
be
known
and
may
be
cited
as
the
“Natural
2
Hazard
Mitigation
Financing
Program”
.
3
Sec.
6.
NEW
SECTION
.
29D.2
Definitions.
4
As
used
in
this
chapter,
unless
the
context
otherwise
5
requires:
6
1.
“Authority”
means
the
Iowa
finance
authority
created
in
7
section
16.1A.
8
2.
“Cost”
means
all
costs
or
indebtedness
incurred
by
a
loan
9
recipient
and
determined
by
the
department
as
reasonable
and
10
necessary
for
carrying
out
all
work
necessary
or
incidental
to
11
the
accomplishment
of
a
project.
12
3.
“Department”
means
the
department
of
homeland
security
13
and
emergency
management.
14
4.
“Director”
means
the
director
of
the
department
of
15
homeland
security
and
emergency
management.
16
5.
“Eligible
entity”
means
a
person
that
is
eligible
under
17
the
STORM
Act
to
receive
a
loan
under
the
program.
18
6.
“Fund”
means
the
natural
hazard
mitigation
revolving
loan
19
fund
created
in
section
29D.4.
20
7.
“Loan
recipient”
means
an
eligible
entity
that
has
21
received
a
loan
from
the
fund.
22
8.
“Municipality”
means
a
city,
county,
sanitary
district,
23
state
agency,
or
other
governmental
body
or
corporation,
or
any
24
combination
of
two
or
more
governmental
bodies
or
corporations
25
acting
jointly,
in
connection
with
a
project.
26
9.
“Private
entity”
means
a
corporation,
limited
liability
27
company,
trust,
estate,
partnership,
association,
or
any
28
other
legal
entity
or
a
legal
representative,
agent,
officer,
29
employee,
or
assignee
of
such
entity.
“Private
entity”
does
not
30
include
any
of
the
following:
31
a.
An
individual,
municipality,
or
city
utility
as
that
term
32
is
defined
in
section
362.2.
33
b.
A
public
water
supply
system
as
defined
in
section
34
455B.171.
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c.
A
qualified
entity
as
defined
in
section
384.84,
1
subsection
2.
2
10.
“Program”
means
the
natural
hazard
mitigation
financing
3
program
created
in
section
29D.3.
4
11.
a.
“Project”
means
an
activity
or
set
of
activities,
5
in
accordance
with
the
limitations
set
forth
in
the
STORM
Act,
6
that
mitigate
the
impact
of
natural
hazards,
including
but
not
7
limited
to:
8
(1)
Drought
and
prolonged
episodes
of
intense
heat.
9
(2)
Severe
storms,
including
tornadoes,
windstorms,
and
10
severe
winter
storms.
11
(3)
Wildfires.
12
(4)
Earthquakes.
13
(5)
Flooding.
14
(6)
Shoreline
erosion.
15
(7)
High
water
levels.
16
(8)
Storm
surges.
17
b.
“Project”
may
include
but
is
not
limited
to
any
of
the
18
following:
19
(1)
The
construction,
repair,
or
replacement
of
a
20
nonfederal
levee
or
other
flood
control
structure,
provided
21
that
the
administrator
of
the
federal
emergency
management
22
agency,
in
consultation
with
the
United
States
army
corps
of
23
engineers,
if
appropriate,
requires
an
eligible
entity
to
24
determine
that
such
levee
or
other
flood
control
structure
is
25
designed,
constructed,
and
maintained
in
accordance
with
sound
26
engineering
practices
and
standards
equivalent
to
the
purpose
27
for
which
such
levee
or
structure
is
intended.
28
(2)
Zoning
and
land
use
planning
changes.
29
(3)
Establishing
and
enforcing
building
codes.
30
12.
“Safeguarding
tomorrow
through
ongoing
risk
mitigation
31
Act”
,
or
“STORM
Act”
,
means
the
federal
Robert
T.
Stafford
32
Disaster
Relief
and
Emergency
Assistance
Act,
Pub.
L.
No.
33
93-288,
as
amended,
42
U.S.C.
§5121
et
seq.
34
Sec.
7.
NEW
SECTION
.
29D.3
Natural
hazard
mitigation
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financing
program.
1
1.
The
natural
hazard
mitigation
financing
program
is
2
created
for
the
purpose
of
making
loans
available
to
eligible
3
entities
to
finance
all
or
part
of
the
costs
of
a
project.
4
2.
The
program
shall
be
a
joint
and
cooperative
undertaking
5
of
the
department
and
the
authority.
The
department
and
6
the
authority
may
enter
into
any
agreements,
documents,
7
instruments,
certificates,
data,
or
information
as
necessary
8
for
the
operation,
administration,
and
financing
of
the
program
9
consistent
with
this
chapter,
chapter
16,
subchapter
X,
part
10
11,
the
STORM
Act,
the
rules
promulgated
under
chapter
17A
by
11
the
department
in
consultation
with
the
authority,
and
any
12
other
applicable
federal
or
state
laws.
The
authority
and
the
13
department
may
act
to
conform
the
program
to
the
applicable
14
guidance
and
regulations
adopted
by
the
federal
emergency
15
management
agency.
16
Sec.
8.
NEW
SECTION
.
29D.4
Natural
hazard
mitigation
17
revolving
loan
fund.
18
1.
A
natural
hazard
mitigation
revolving
loan
fund
is
19
created
in
the
state
treasury
under
the
control
of
the
20
department
in
consultation
with
the
authority.
The
revolving
21
loan
fund
is
a
separate
dedicated
fund
under
the
administration
22
and
control
of
the
department
in
consultation
with
the
23
authority
and
shall
be
subject
to
section
16.31.
Moneys
24
on
deposit
in
the
revolving
loan
fund
shall
be
invested
by
25
the
treasurer
of
state
in
cooperation
with
the
department,
26
in
consultation
with
the
authority,
and
the
income
from
the
27
investments
shall
be
credited
to
and
deposited
in
the
revolving
28
loan
fund.
29
2.
a.
The
fund
shall
consist
of
moneys
appropriated
by
30
the
general
assembly,
moneys
received
by
the
fund
through
the
31
federal
emergency
management
agency
and
the
STORM
Act,
moneys
32
received
as
repayment
of
loan
principal
and
interest
from
loans
33
paid
for
by
the
fund,
and
all
other
moneys
received
by
the
fund
34
from
any
other
source.
Notwithstanding
section
8.33,
moneys
in
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the
fund
that
remain
unencumbered
or
unobligated
at
the
close
1
of
the
fiscal
year
shall
not
revert
but
shall
remain
available
2
for
expenditure
for
the
purposes
designated.
Notwithstanding
3
section
12C.7,
subsection
2,
interest
or
earnings
on
moneys
in
4
the
fund
shall
be
credited
to
the
fund.
5
b.
Moneys
in
the
fund
are
appropriated
to
the
department
to
6
provide
loans
to
eligible
entities
pursuant
to
section
29D.9,
7
and
for
administration
of
the
program
as
permitted
under
the
8
STORM
Act.
Moneys
in
the
fund
shall
not
be
used
to
provide
a
9
loan
to
a
private
entity
for
the
acquisition
of
real
property.
10
Moneys
in
the
fund
shall
not
be
considered
part
of
the
general
11
fund
of
the
state
subject
to
appropriation
for
any
other
12
purpose
by
the
general
assembly,
and
in
determining
a
general
13
fund
balance,
shall
not
be
included
in
the
general
fund
of
14
the
state
subject
to
section
16.31,
insofar
as
section
16.31
15
complies
with
the
STORM
Act.
16
Sec.
9.
NEW
SECTION
.
29D.5
Director
——
powers
and
duties.
17
The
director
shall
do
all
of
the
following:
18
1.
Process
and
review
each
intended
use
plan
application
19
to
determine
if
the
intended
use
plan
application
meets
the
20
eligibility
requirements
promulgated
by
the
department
by
rule,
21
and
approve
or
deny
the
application.
22
2.
Process
and
review
all
documents
relating
to
the
23
planning,
design,
construction,
and
operation
of
each
project.
24
3.
Prepare
and
process,
in
coordination
with
the
authority,
25
documents
relating
to
the
administration
of
the
program.
26
4.
Prepare
an
annual
budget
for
administration
of
the
27
program.
28
5.
Receive
program
fees
as
determined
in
conjunction
with
29
the
authority.
30
6.
Perform
other
acts
and
assume
other
duties
and
31
responsibilities
necessary
for
the
administration
of
the
32
program
and
compliance
with
the
STORM
Act.
33
Sec.
10.
NEW
SECTION
.
29D.6
Intended
use
plans
——
34
capitalization
grants
——
accounting.
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1.
For
the
fiscal
year
beginning
July
1,
2025,
and
each
1
fiscal
year
thereafter,
the
department
may
prepare
and
deliver
2
intended
use
plans
to,
and
enter
into
capitalization
grant
3
agreements
with,
the
administrator
of
the
federal
emergency
4
management
agency
under
the
terms
and
conditions
set
forth
5
in
the
STORM
Act
and
federal
regulations
adopted
pursuant
to
6
the
STORM
Act,
and
may
accept
capitalization
grants
for
the
7
fund
in
accordance
with
payment
schedules
established
by
the
8
administrator.
All
payments
from
the
administrator
shall
be
9
deposited
into
the
fund.
10
2.
The
department,
in
consultation
with
the
authority,
11
shall
establish
fiscal
controls
and
accounting
procedures
12
during
appropriate
accounting
periods
for
payments
received
for
13
deposit
into,
and
disbursements
made
from,
the
fund,
and
to
14
fund
balances
at
the
beginning
and
end
of
an
accounting
period.
15
Sec.
11.
NEW
SECTION
.
29D.7
Authority
——
loan
application
16
review
and
approval.
17
1.
The
department
and
the
authority
shall
review
each
18
loan
application
to
determine
if
the
applicant
is
an
eligible
19
entity
and
qualifies
for
a
loan
pursuant
to
eligibility
20
requirements
established
by
rule
promulgated
by
the
department
21
and
the
authority,
and
in
accordance
with
the
intended
use
plan
22
applications
approved
by
the
director
under
section
29D.6.
23
2.
The
authority,
in
cooperation
with
the
department,
shall
24
determine
the
interest
rate
and
repayment
terms
for
each
loan
25
made
under
the
program
and
the
authority
shall
enter
into
a
26
loan
agreement
with
each
loan
recipient
in
compliance
with
27
the
Clean
Water
Act
as
defined
in
section
455B.291,
the
Safe
28
Drinking
Water
Act
as
defined
in
section
455B.291,
the
STORM
29
Act,
and
any
other
applicable
state
or
federal
law.
30
3.
The
authority
may
charge
loan
recipients
fees
and
assess
31
costs
as
deemed
necessary
by
the
authority
for
the
continued
32
operation
of
the
program.
Fees
and
costs
collected
pursuant
33
to
this
subsection
shall
be
deposited
in
the
fund
described
in
34
section
29D.4.
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Sec.
12.
NEW
SECTION
.
29D.8
Loans
to
eligible
entities.
1
1.
Moneys
deposited
in
the
fund
shall
be
used
for
the
2
primary
purpose
of
making
loans
to
eligible
entities
to
finance
3
eligible
costs
of
projects
in
accordance
with
the
intended
4
use
plans
prepared
and
delivered
to
the
administrator
of
the
5
federal
emergency
management
system
by
the
department
under
6
section
29D.6.
The
loan
recipients
and
the
purpose
and
amount
7
of
the
loans
shall
be
determined
by
the
director,
in
compliance
8
with
the
STORM
Act
and
other
applicable
federal
law,
and
any
9
resolution,
agreement,
indenture,
or
other
document
of
the
10
authority,
and
rules
adopted
by
the
authority
relating
to
any
11
bonds,
notes,
or
other
obligations
issued
for
the
program
which
12
may
be
applicable
to
the
loan.
13
2.
Notwithstanding
any
provision
of
this
chapter
to
the
14
contrary,
moneys
received
under
the
federal
American
Recovery
15
and
Reinvestment
Act
of
2009,
Pub.
L.
No.
111-5,
and
deposited
16
in
the
fund
may
be
used
in
any
manner
permitted
or
required
by
17
applicable
federal
law.
18
Sec.
13.
NEW
SECTION
.
29D.9
Rules.
19
The
department,
in
consultation
with
the
authority,
shall
20
adopt
rules
pursuant
to
chapter
17A
to
administer
this
chapter.
21
Sec.
14.
Section
422.7,
subsection
2,
Code
2025,
is
amended
22
by
adding
the
following
new
paragraph:
23
NEW
PARAGRAPH
.
u.
Natural
hazard
mitigation
financing
24
program
bonds
pursuant
to
section
16.232,
subsection
4.
25
Sec.
15.
CODE
EDITOR
DIRECTIVE.
The
Code
editor
shall
26
designate
sections
16.230
through
16.233,
as
enacted
in
this
27
division
of
this
Act,
as
part
11
of
chapter
16,
subchapter
X,
28
entitled
“Natural
Hazard
Mitigation
Financing
Program”.
29
DIVISION
II
30
DISASTER
RECOVERY
HOUSING
ASSISTANCE
PROGRAM
31
Sec.
16.
Section
16.57B,
subsection
1,
paragraph
a,
Code
32
2025,
is
amended
to
read
as
follows:
33
a.
“Disaster-affected
home”
means
a
primary
residence
34
that
is
destroyed
or
damaged
due
to
a
natural
disaster
that
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occurs
on
or
after
June
16,
2021,
and
the
primary
residence
1
is
located
in
a
county
that
is
the
subject
of
a
state
of
2
disaster
emergency
proclamation
by
the
governor
that
authorizes
3
disaster
recovery
housing
assistance.
The
state
of
disaster
4
emergency
proclamation
shall
specify
if
disaster
recovery
5
housing
assistance
is
available
to
homeowners,
renters,
or
both
6
homeowners
and
renters.
7
Sec.
17.
Section
16.57B,
subsection
1,
Code
2025,
is
amended
8
by
adding
the
following
new
paragraph:
9
NEW
PARAGRAPH
.
0b.
“Financial
assistance”
means
assistance
10
provided
only
from
the
funds,
rights,
and
assets
legally
11
available
to
the
authority
pursuant
to
this
chapter
and
12
includes
but
is
not
limited
to
assistance
in
the
form
of
13
grants,
loans,
and
forgivable
loans.
14
Sec.
18.
Section
16.57B,
subsection
2,
paragraph
a,
15
subparagraph
(1),
Code
2025,
is
amended
to
read
as
follows:
16
(1)
A
disaster
recovery
housing
assistance
fund
is
created
17
within
the
authority.
The
moneys
in
the
fund
shall
be
used
by
18
the
authority
for
the
development
and
operation
of
a
forgivable
19
loan
and
grant
program
for
to
award
financial
assistance
to
20
homeowners
and
renters
with
disaster-affected
homes,
and
for
21
the
eviction
prevention
program
pursuant
to
section
16.57C
.
22
Sec.
19.
Section
16.57B,
subsection
2,
paragraph
c,
Code
23
2025,
is
amended
to
read
as
follows:
24
c.
The
authority
shall
not
use
more
than
five
percent
of
the
25
moneys
in
deposited
into
the
fund
on
July
1
of
a
fiscal
year
26
under
paragraph
“b”
for
purposes
of
administrative
costs
and
27
other
program
support
during
the
fiscal
year
.
28
Sec.
20.
Section
16.57B,
subsection
3,
paragraph
a,
Code
29
2025,
is
amended
to
read
as
follows:
30
a.
The
authority
shall
establish
and
administer
a
disaster
31
recovery
housing
assistance
program
and
shall
use
moneys
in
the
32
fund
to
award
forgivable
loans
financial
assistance
to
eligible
33
homeowners
and
grants
to
eligible
renters
of
disaster-affected
34
homes.
Moneys
in
the
fund
may
be
expended
following
a
state
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of
disaster
emergency
proclamation
by
the
governor
pursuant
1
to
section
29C.6
that
authorizes
disaster
recovery
housing
2
assistance.
The
governor,
by
state
of
disaster
emergency
3
proclamation,
shall
specify
if
disaster
recovery
housing
4
assistance
is
available
to
homeowners,
renters,
or
both
5
homeowners
and
renters.
6
Sec.
21.
Section
16.57B,
subsections
4,
5,
6,
and
7,
Code
7
2025,
are
amended
to
read
as
follows:
8
4.
Registration
required
.
To
be
considered
for
a
forgivable
9
loan
or
grant
under
the
program,
a
A
homeowner
or
renter
must
10
may
register
for
the
disaster
case
advocacy
program
established
11
pursuant
to
section
29C.20B
.
The
disaster
case
manager
may
12
refer
the
homeowner
or
renter
to
the
appropriate
local
program
13
administrator.
14
5.
Homeowners.
15
a.
To
be
eligible
for
a
forgivable
loan
financial
assistance
16
under
the
program,
all
of
the
following
requirements
shall
17
apply:
18
(1)
The
homeowner’s
disaster-affected
home
must
have
19
sustained
damage
greater
than
the
damage
that
is
covered
by
the
20
homeowner’s
property
and
casualty
insurance
policy
insuring
the
21
home
plus
any
other
state
or
federal
disaster-related
financial
22
assistance
that
the
homeowner
is
eligible
to
receive.
23
(2)
A
local
official
must
either
deem
the
disaster-affected
24
home
suitable
for
rehabilitation
or
damaged
beyond
reasonable
25
repair.
26
(3)
The
disaster-affected
home
is
not
eligible
for
buyout
by
27
the
county
or
city
where
the
disaster-affected
home
is
located,
28
or
the
disaster-affected
home
is
eligible
for
a
buyout
by
the
29
county
or
city
where
the
disaster-affected
home
is
located,
30
but
the
homeowner
is
requesting
a
forgivable
loan
financial
31
assistance
for
the
repair
or
rehabilitation
of
the
homeowner’s
32
disaster-affected
home
in
lieu
of
a
buyout.
33
(4)
Assistance
Financial
assistance
under
the
program
must
34
not
duplicate
benefits
provided
by
any
local,
state,
or
federal
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disaster
recovery
assistance
program.
1
b.
If
a
homeowner
is
referred
to
the
authority
or
to
a
2
local
program
administrator
by
the
disaster
case
manager
of
3
the
homeowner,
the
The
authority
may
award
a
forgivable
loan
4
financial
assistance
to
the
eligible
homeowner
for
any
of
the
5
following
purposes:
6
(1)
Repair
or
rehabilitation
of
the
disaster-affected
home.
7
The
disaster-affected
home
to
be
repaired
or
rehabilitated
8
shall
not
be
located
in
a
one-hundred-year
floodplain.
9
(2)
(a)
Down
payment
assistance
on
the
purchase
of
10
replacement
housing,
and
the
cost
of
reasonable
repairs
to
be
11
performed
on
the
replacement
housing
to
render
the
replacement
12
housing
decent,
safe,
sanitary,
and
in
good
repair.
13
(b)
Replacement
housing
shall
not
be
located
in
a
14
one-hundred-year
floodplain.
15
(c)
For
purposes
of
this
subparagraph,
“decent,
safe,
16
sanitary,
and
in
good
repair”
means
the
same
as
described
in
24
17
C.F.R.
§5.703.
18
c.
The
authority
shall
determine
the
interest
rate
for
the
19
any
financial
assistance
awarded
in
the
form
of
a
loan
or
a
20
forgivable
loan.
21
d.
If
a
homeowner
who
has
been
awarded
a
loan
or
a
22
forgivable
loan
sells
a
disaster-affected
home
or
replacement
23
housing
for
which
the
homeowner
received
the
loan
or
forgivable
24
loan
prior
to
the
end
of
the
loan
term,
the
remaining
principal
25
on
the
loan
or
forgivable
loan
shall
be
due
and
payable
26
pursuant
to
rules
adopted
by
the
authority.
27
6.
Renters.
28
a.
To
be
eligible
for
a
grant
financial
assistance
under
the
29
program,
all
of
the
following
requirements
shall
apply:
30
(1)
A
local
program
administrator
either
deems
31
the
disaster-affected
home
of
the
renter
suitable
for
32
rehabilitation
but
unsuitable
for
current
short-term
33
habitation,
or
the
disaster-affected
home
is
damaged
beyond
34
reasonable
repair.
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(2)
Assistance
Financial
assistance
under
the
program
must
1
not
duplicate
benefits
provided
by
any
local,
state,
or
federal
2
disaster
recovery
assistance
program.
3
b.
If
a
renter
is
referred
to
the
authority
or
to
a
4
local
program
administrator
by
the
disaster
case
manager
of
5
the
renter,
the
The
authority
may
award
a
grant
financial
6
assistance
to
the
eligible
renter
to
provide
short-term
7
financial
assistance
for
the
payment
of
rent
for
replacement
8
housing.
9
7.
Report.
On
or
before
January
31
of
each
year,
or
as
part
10
of
the
annual
report
under
section
16.7
,
the
authority
shall
11
submit
a
report
to
the
general
assembly
that
identifies
all
of
12
the
following
for
the
calendar
year
immediately
preceding
the
13
year
of
the
report:
14
a.
The
date
of
each
state
of
disaster
emergency
proclamation
15
by
the
governor
that
authorized
disaster
recovery
housing
16
assistance
under
this
section
,
and
if
disaster
recovery
housing
17
assistance
was
made
available
to
homeowners,
renters,
or
both
18
homeowners
and
renters
.
19
b.
The
total
number
of
forgivable
loans
and
grants
financial
20
assistance
awards
awarded.
21
c.
The
total
number
of
forgivable
loans
financial
assistance
22
awards
,
and
the
amount
of
each
loan
financial
assistance
award
23
awarded
for
repair
or
rehabilitation.
24
d.
The
total
number
of
forgivable
loans
financial
assistance
25
awards
,
and
the
amount
of
each
loan
financial
assistance
26
award
,
awarded
for
down
payment
assistance
on
the
purchase
of
27
replacement
housing
and
the
cost
of
reasonable
repairs
to
be
28
performed
on
the
replacement
housing
to
render
the
replacement
29
housing
decent,
safe,
sanitary,
and
in
good
repair.
30
e.
The
total
number
of
grants,
and
the
amount
of
each
grant,
31
awarded
for
rental
assistance.
32
f.
The
total
number
of
loans,
forgivable
loans
,
and
grants
33
awarded
in
each
county
in
which
at
least
one
homeowner
or
34
renter
has
been
awarded
a
loan,
forgivable
loan
,
or
grant.
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g.
Each
local
program
administrator
involved
in
the
1
administration
of
the
program.
2
h.
The
total
amount
of
loan
and
forgivable
loan
principal
3
repaid.
4
Sec.
22.
Section
16.57D,
subsections
1
and
2,
Code
2025,
are
5
amended
to
read
as
follows:
6
1.
Establish
the
maximum
loan,
forgivable
loan
,
and
grant
7
amounts
awarded
under
the
program.
8
2.
Establish
the
terms
of
any
loan
or
forgivable
loan
9
provided
under
the
program.
10
DIVISION
III
11
DISASTER
RECOVERY
NEW
HOUSING
PROGRAM
12
Sec.
23.
Section
422.7,
Code
2025,
is
amended
by
adding
the
13
following
new
subsection:
14
NEW
SUBSECTION
.
45.
a.
Subtract,
to
the
extent
included,
15
the
amount
of
any
qualifying
state
disaster
recovery
new
16
housing
grant
issued
to
an
individual
or
business
by
the
17
economic
development
authority.
18
b.
For
purposes
of
this
subsection,
“qualifying
state
19
disaster
recovery
new
housing
grant”
means
an
award
of
a
state
20
disaster
recovery
new
housing
grant
that
was
applied
for
21
between
August
20,
2024,
and
December
31,
2024,
and
approved
22
and
issued
by
the
economic
development
authority.
23
Sec.
24.
Section
422.35,
Code
2025,
is
amended
by
adding
the
24
following
new
subsection:
25
NEW
SUBSECTION
.
14.
a.
Subtract,
to
the
extent
included,
26
the
amount
of
any
qualifying
state
disaster
recovery
new
27
housing
grant
issued
to
a
business
by
the
economic
development
28
authority.
29
b.
For
purposes
of
this
subsection,
“qualifying
state
30
disaster
recovery
new
housing
grant”
means
an
award
of
a
state
31
disaster
recovery
new
housing
grant
that
was
applied
for
32
between
August
20,
2024,
and
December
31,
2024,
and
approved
33
and
issued
by
the
economic
development
authority.
34
Sec.
25.
EFFECTIVE
DATE.
This
division
of
this
Act,
being
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deemed
of
immediate
importance,
takes
effect
upon
enactment.
1
Sec.
26.
RETROACTIVE
APPLICABILITY.
This
division
of
this
2
Act
applies
retroactively
to
tax
years
beginning
on
or
after
3
January
1,
2024.
4
DIVISION
IV
5
POST-LOSS
ASSIGNMENT
OF
BENEFITS
——
RESIDENTIAL
CONTRACTOR
6
Sec.
27.
Section
507B.4,
subsection
3,
Code
2025,
is
amended
7
by
adding
the
following
new
paragraph:
8
NEW
PARAGRAPH
.
v.
Post-loss
assignment
of
benefits.
Any
9
violation
of
section
515.137A
by
a
residential
contractor.
10
Sec.
28.
Section
515.137A,
subsection
2,
Code
2025,
is
11
amended
by
adding
the
following
new
paragraphs:
12
NEW
PARAGRAPH
.
0b.
“Catastrophic
disaster”
includes
a
major
13
disaster
declaration
by
the
president
of
the
United
States
or
a
14
state
of
disaster
emergency
proclamation
by
the
governor.
15
NEW
PARAGRAPH
.
00b.
“Consumer
advocate”
means
a
consumer
16
advocate
appointed
pursuant
to
section
505.8,
subsection
6,
17
paragraph
“b”
,
subparagraph
(1).
18
NEW
PARAGRAPH
.
000b.
“Post-loss
assignment”
means
any
19
instrument
by
which
post-loss
benefits,
rights,
or
duties
of
20
a
named
insured
under
a
residential
property
and
casualty
21
insurance
policy
are
assigned
or
transferred
to
a
residential
22
contractor.
The
post-loss
assignment
must
only
assign
the
23
insurance
proceeds
a
named
insured
is
entitled
to
receive
24
from
the
named
insured’s
insurer
for
the
repair,
replacement
25
construction,
or
reconstruction
of
the
named
insured’s
26
property.
27
Sec.
29.
Section
515.137A,
subsections
3,
4,
and
5,
Code
28
2025,
are
amended
by
striking
the
subsections
and
inserting
in
29
lieu
thereof
the
following:
30
3.
A
residential
contractor
shall
be
prohibited
from
all
of
31
the
following
under
a
post-loss
assignment
by
a
named
insured
32
to
the
residential
contractor:
33
a.
Rebating
or
offering
to
rebate
any
portion
of
the
named
34
insured’s
insurance
deductible
as
an
inducement
for
the
named
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insured
to
purchase
a
good
or
service.
1
b.
Imposing
an
administrative
fee
on
the
named
insured
2
for
canceling
the
post-loss
assignment,
or
imposing
a
fee
to
3
process
the
insurance
check
or
to
interact
with
the
named
4
insured’s
mortgage
company.
5
c.
Acting
as
a
public
adjuster
without
being
licensed
under
6
chapter
522C.
7
d.
Receiving
payments
from
the
named
insured’s
insurer
8
that
are
unrelated
to
the
repair,
replacement
construction,
9
or
reconstruction
work
on
the
covered
insured’s
property,
10
including
but
not
limited
to
all
of
the
following:
11
(1)
Additional
living
expenses.
12
(2)
Loss
of
use.
13
4.
a.
A
post-loss
assignment
must
include
all
of
the
14
following:
15
(1)
An
itemized
description
of
the
work
to
be
performed.
16
(2)
An
itemized
description
of
the
materials,
labor,
and
17
fees
for
the
work
to
be
performed.
18
(3)
A
total
itemized
amount
to
be
paid
for
the
work
to
be
19
performed.
20
(4)
A
statement
that
the
residential
contractor
has
made
21
no
assurances
that
the
claimed
loss
will
be
fully
covered
by
22
the
named
insured’s
insurance
contract
and
shall
include
the
23
following
notice
in
capitalized
fourteen
point
type:
24
YOU
ARE
AGREEING
TO
GIVE
UP
CERTAIN
RIGHTS
YOU
HAVE
UNDER
25
YOUR
INSURANCE
POLICY.
PLEASE
READ
AND
UNDERSTAND
THIS
26
DOCUMENT
BEFORE
SIGNING.
27
THE
ITEMIZED
DESCRIPTION
OF
THE
WORK
TO
BE
DONE
SHOWN
IN
THIS
28
ASSIGNMENT
FORM
HAS
NOT
BEEN
AGREED
TO
BY
THE
INSURER.
THE
29
INSURER
HAS
THE
RIGHT
TO
PAY
ONLY
FOR
THE
COST
TO
REPAIR
OR
30
REPLACE
DAMAGED
PROPERTY
CAUSED
BY
A
COVERED
PERIL.
POST-LOSS
31
ASSIGNMENTS
ARE
SUBJECT
TO
THE
AUTHORITY
OF
THE
IOWA
INSURANCE
32
DIVISION.
YOU
MAY
FILE
A
COMPLAINT
WITH
THE
DIVISION
ON
THE
33
DIVISION’S
INTERNET
SITE
OR
CALL
THE
DIVISION
AT
(telephone
34
number).
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(5)
In
capitalized
fourteen
point
type
and
located
in
the
1
immediate
proximity
of
the
space
reserved
in
the
assignment
for
2
the
signature
of
the
named
insured,
the
following
notice:
3
YOU
MAY
CANCEL
THIS
POST-LOSS
ASSIGNMENT
FOR
ANY
REASON
4
WITHOUT
PENALTY
WITHIN
FIVE
(5)
BUSINESS
DAYS
FROM
THE
LATER
OF
5
THE
DATE
THE
POST-LOSS
ASSIGNMENT
IS
FULLY
EXECUTED
OR
THE
DATE
6
ON
WHICH
YOU
RECEIVE
A
COPY
OF
THE
FULLY
EXECUTED
POST-LOSS
7
ASSIGNMENT.
IF
MAILED,
THE
CANCELLATION
MUST
BE
POSTMARKED
8
BEFORE
THE
FIVE
(5)
BUSINESS
DAY
DEADLINE.
9
YOU
MUST
CANCEL
THE
POST-LOSS
ASSIGNMENT
IN
WRITING
AND
10
THE
CANCELLATION
MUST
BE
DELIVERED
TO
(name
and
address
11
of
residential
contractor
as
provided
by
the
residential
12
contractor).
IF
THE
ASSIGNEE
HAS
NOT
BEGUN
SUBSTANTIALLY
13
PERFORMING
WORK
ON
THE
PROPERTY,
YOU
MAY
CANCEL
THIS
POST-LOSS
14
ASSIGNMENT
WITHOUT
PENALTY
AFTER
AT
LEAST
THIRTY
(30)
CALENDAR
15
DAYS
AFTER
THE
DATE
WORK
ON
THE
PROPERTY
IS
SCHEDULED
TO
16
COMMENCE,
OR
AFTER
AT
LEAST
THIRTY
(30)
CALENDAR
DAYS
AFTER
17
THE
POST-LOSS
ASSIGNMENT
IS
FULLY
EXECUTED
IF
THE
POST-LOSS
18
ASSIGNMENT
DOES
NOT
CONTAIN
A
COMMENCEMENT
DATE.
19
IF
YOU
CANCEL
THIS
POST-LOSS
ASSIGNMENT,
THE
RESIDENTIAL
20
CONTRACTOR
HAS
UP
TO
TEN
(10)
BUSINESS
DAYS
TO
RETURN
ALL
21
PAYMENTS
OR
DEPOSITS
YOU
HAVE
MADE.
22
(6)
A
provision
that
requires
the
assignee
to
indemnify
and
23
hold
harmless
the
assignor
from
liabilities,
damages,
losses,
24
and
costs,
including
but
not
limited
to
attorney
fees
related
25
to
the
loss
claim.
26
b.
A
post-loss
assignment
shall
not
impair
the
interest
of
27
a
mortgagee
listed
on
the
declarations
page
of
the
property
and
28
casualty
insurance
policy
that
is
the
subject
of
the
post-loss
29
assignment.
All
mortgagees
shall
be
named
as
a
co-payee
for
30
the
payment
of
benefits
under
a
property
and
casualty
insurance
31
policy
covering
residential
real
estate.
32
c.
A
post-loss
assignment
shall
only
authorize
a
residential
33
contractor
to
be
named
as
a
co-payee,
along
with
the
named
34
insured
and
all
mortgagees,
for
the
payment
of
benefits
under
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a
property
and
casualty
insurance
policy
covering
residential
1
real
estate.
2
d.
A
post-loss
assignment
shall
not
prevent
or
inhibit
3
an
insurer
from
communicating
with
the
named
insured
or
a
4
mortgagee
listed
on
the
declarations
page
of
the
property
and
5
casualty
insurance
policy
that
is
the
subject
of
the
post-loss
6
assignment.
7
e.
An
electronic
copy
of
the
fully
executed
post-loss
8
assignment
shall
be
provided
to
the
insurer
of
the
residential
9
real
estate,
the
named
insured,
and
all
mortgagees
of
the
10
damaged
residential
real
estate
within
five
business
days
after
11
execution
of
the
post-loss
assignment.
A
paper
copy
shall
be
12
provided
to
the
insurer,
a
named
insured,
and
any
mortgagee
of
13
the
damaged
residential
real
estate
within
five
business
days
14
of
a
request
by
the
insurer,
the
named
insured,
or
a
mortgagee.
15
f.
A
residential
contractor
named
in
a
post-loss
assignment
16
must
cooperate
with
the
insurer
of
the
damaged
residential
17
real
estate
in
a
claim
investigation
by
providing
documents
18
and
records
requested
by
the
insurer
and
complying
with
each
19
post-loss
duty
included
in
the
named
insured’s
insurance
20
policy.
21
5.
a.
A
named
insured
shall
have
the
right
to
cancel
a
22
post-loss
assignment
without
penalty
or
fee
under
all
of
the
23
following
circumstances:
24
(1)
For
any
reason
within
five
business
days
from
the
25
date
on
which
the
named
insured
receives
a
copy
of
the
fully
26
executed
post-loss
agreement.
27
(2)
The
assignee
has
not
substantially
performed
work
on
28
the
property
that
is
the
subject
of
the
post-loss
assignment
at
29
least
thirty
calendar
days
after
the
date
work
on
the
property
30
was
scheduled
to
commence.
31
(3)
The
assignee
has
not
begun
substantial
work
on
the
32
property
that
is
the
subject
of
the
post-loss
assignment
at
33
least
thirty
calendar
days
after
the
date
the
insured
received
34
a
fully
executed
copy
of
the
executed
post-loss
assignment
and
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the
post-loss
assignment
does
not
contain
a
commencement
date.
1
b.
The
cancellation
shall
be
made
in
writing.
Within
ten
2
business
days
of
the
date
of
the
written
cancellation,
the
3
residential
contractor
shall
tender
to
the
named
insured,
the
4
landowner,
or
the
possessor
of
the
real
estate,
all
payments,
5
partial
payments,
or
deposits
that
have
been
made
by
such
6
person.
7
6.
Any
written
contract,
repair
estimate,
or
work
order
8
prepared
by
a
residential
contractor
to
provide
goods
or
9
services
to
be
paid
from
the
proceeds
of
a
property
and
10
casualty
insurance
policy
pursuant
to
a
post-loss
assignment
11
shall
include,
in
capitalized
fourteen
point
type,
the
notice
12
as
provided
in
section
103A.71,
subsection
4,
paragraph
“a”
,
13
which
shall
be
signed
by
the
named
insured,
and
sent
to
the
14
named
insured’s
insurer
prior
to
payment
to
the
residential
15
contractor
of
proceeds
under
the
applicable
insurance
policy.
16
7.
For
a
minimum
of
seventy-two
hours
following
a
17
catastrophic
disaster,
a
residential
contractor
shall
18
not
enter
into
a
contract
with
an
insured
that
includes
a
19
post-loss
assignment.
If
the
commissioner
deems
the
severity
20
of
the
catastrophic
disaster
to
have
placed
people
under
21
duress,
the
commissioner
shall
immediately
dispatch
the
22
consumer
advocate
and
other
personnel
to
the
disaster
area
to
23
provide
consumer
guidance.
If,
after
a
public
hearing,
the
24
commissioner
determines
that,
due
to
the
scope
and
severity
25
of
the
catastrophic
disaster,
additional
time
is
necessary
to
26
safely
deploy
additional
consumer
protection
resources,
the
27
commissioner
may
extend
the
time
period
that
a
residential
28
contractor
shall
not
enter
into
a
contract
with
an
insured
that
29
includes
a
post-loss
assignment
for
an
additional
seventy-two
30
hours.
31
8.
A
post-loss
assignment
entered
into
with
a
residential
32
contractor
shall
be
void
if
the
residential
contractor
violates
33
this
section.
34
9.
A
violation
of
this
section
by
a
residential
contractor
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shall
be
an
unfair
practice
pursuant
to
section
507B.4.
1
10.
If
any
provision
of
this
section
or
the
application
2
thereof
to
any
person
or
circumstance
is
held
invalid,
the
3
invalidity
does
not
affect
other
provisions
or
applications
4
of
this
section
which
can
be
given
effect
without
the
invalid
5
provision
or
application,
and
to
this
end
the
provisions
of
6
this
section
are
severable.
7
DIVISION
V
8
PUBLIC,
INDEPENDENT,
AND
STAFF
ADJUSTERS
9
Sec.
30.
Section
507B.4,
subsection
3,
Code
2025,
is
amended
10
by
adding
the
following
new
paragraph:
11
NEW
PARAGRAPH
.
v.
Adjuster
financial
responsibility.
12
Failure
of
an
adjuster
to
comply
with
section
522C.7.
13
Sec.
31.
Section
522B.5A,
subsection
2,
paragraphs
c
and
e,
14
Code
2025,
are
amended
to
read
as
follows:
15
c.
A
renewal,
reinstatement,
or
reissuance
of
a
license
16
if
the
license
of
a
producer
has
been
revoked
or
suspended
17
pursuant
to
section
522B.11
,
the
license
of
a
public
an
18
adjuster
has
been
revoked
or
suspended
pursuant
to
section
19
522C.6
522C.13
,
or
the
license
of
a
viatical
settlement
20
provider
or
viatical
settlement
broker
has
been
revoked
or
21
suspended
pursuant
to
section
508E.4
.
22
e.
An
initial
license
as
a
public
an
adjuster
in
this
state.
23
Sec.
32.
Section
522C.1,
Code
2025,
is
amended
to
read
as
24
follows:
25
522C.1
Purpose.
26
The
purpose
of
this
chapter
is
to
govern
the
qualifications
27
and
procedures
for
licensing
public
adjusters
in
this
state,
28
and
to
specify
the
duties
of
and
restrictions
on
public
29
adjusters,
including
limitation
of
such
licensure
to
assisting
30
insureds
only
with
first-party
claims.
31
Sec.
33.
Section
522C.2,
Code
2025,
is
amended
by
striking
32
the
section
and
inserting
in
lieu
thereof
the
following:
33
522C.2
Definitions.
34
As
used
in
this
chapter,
unless
the
context
otherwise
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requires:
1
1.
“Adjuster”
means
a
public
adjuster,
an
independent
2
adjuster,
or
a
licensed
staff
adjuster.
A
person
that
acts
as
3
an
adjuster
solely
for
a
crop
hail
insurance
or
a
multiperil
4
crop
insurance
claim
shall
not
be
subject
to
this
chapter.
5
2.
“Amount
of
loss”
means
the
monetary
amount
determined
to
6
be
necessary
to
properly
repair
or
replace
damage
related
to
a
7
covered
peril,
and
is
limited
to
all
applicable
coverages
for
8
covered
items
associated
with
the
claim.
9
3.
“Business
entity”
means
a
corporation,
association,
10
partnership,
limited
liability
company,
limited
liability
11
partnership,
or
any
other
legal
entity.
12
4.
a.
“Catastrophic
disaster”
means
an
event
that
results
13
in
all
of
the
following:
14
(1)
A
large
number
of
deaths
or
injuries.
15
(2)
Extensive
damage
or
destruction
of
facilities
that
16
provide
and
sustain
human
needs.
17
(3)
An
overwhelming
demand
on
state
and
local
response
18
resources
and
mechanisms.
19
(4)
A
severe
long-term
effect
on
general
economic
activity.
20
(5)
A
severe
effect
on
state,
local,
and
private
sector
21
capabilities
to
commence
and
sustain
disaster
response
22
activities.
23
b.
“Catastrophic
disaster”
includes
a
major
disaster
24
declaration
by
the
president
of
the
United
States
or
a
state
of
25
disaster
emergency
proclamation
by
the
governor.
26
5.
“Commissioner”
means
the
commissioner
of
insurance.
27
6.
“Consumer
advocate”
means
a
consumer
advocate
appointed
28
pursuant
to
section
505.8,
subsection
6,
paragraph
“b”
,
29
subparagraph
(1).
30
7.
“Disciplinary
matter”
means
but
is
not
limited
to
a
31
person
who
is
the
subject
of
an
investigation,
complaint,
or
32
pending
administrative
action
in
this
state
or
any
other
state.
33
8.
“Financial
interest”
means
but
is
not
limited
to
a
fee,
34
commission,
or
other
valuable
consideration.
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9.
“First-party
claim”
means
a
claim
filed
by
a
named
1
insured
under
an
insurance
policy
against
which
the
claim
is
2
made.
3
10.
“Home
state”
means
the
District
of
Columbia,
or
any
4
state
or
territory
of
the
United
States
in
which
an
adjuster
5
maintains
the
adjuster’s
principal
place
of
residence
or
6
principal
place
of
business.
7
11.
“Independent
adjuster”
means
a
person
who
does
all
of
8
the
following:
9
a.
Contracts
for
compensation
with
insurers
or
10
self-insurers,
and
is
treated
by
the
insurer
or
self-insurer
as
11
an
independent
contractor
and
not
as
an
employee
as
that
term
12
is
described
in
26
C.F.R.
§31.3121(d)(1).
13
b.
Investigates,
negotiates,
or
settles
property,
14
casualty,
or
workers’
compensation
claims
for
insurers
or
for
15
self-insurers.
16
12.
“Insured”
means
a
person
covered
under
an
insurance
17
policy
against
which
a
claim
is
made.
18
13.
“NAIC”
means
the
national
association
of
insurance
19
commissioners.
20
14.
“NIPR
gateway”
means
the
communication
network
developed
21
and
operated
by
the
national
insurance
producer
registry
that
22
links
state
insurance
regulators
with
regulated
entities
to
23
facilitate
the
electronic
exchange
of
adjuster
information,
24
including
but
not
limited
to
license
applications,
license
25
renewals,
appointments,
and
terminations.
26
15.
“Person”
means
an
individual
or
a
business
entity.
27
16.
“Producer
database”
means
the
national
database
of
28
insurance
producers
maintained
by
the
NAIC.
29
17.
“Public
adjuster”
means
a
person
who,
for
compensation
30
or
other
thing
of
value,
does
any
of
the
following:
31
a.
Acts
for
or
aids
an
insured
in
negotiating
or
affecting
32
the
settlement
of
a
first-party
claim
for
loss
or
damage
to
33
real
or
personal
property
of
an
insured.
34
b.
Advertises
for
employment
as
a
public
adjuster
of
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first-party
insurance
claims
or
otherwise
solicits
business
or
1
represents
to
the
public
that
the
person
is
a
public
adjuster
2
of
first-party
insurance
claims
for
loss
or
damage
to
real
or
3
personal
property
of
an
insured.
4
c.
Directly
or
indirectly
solicits
business
investigating
5
or
adjusting
losses,
or
advising
an
insured
about
first-party
6
claims
for
loss
or
damage
to
real
or
personal
property
of
the
7
insured.
8
18.
“Reinstatement”
means
the
reinstatement
of
a
suspended
9
license
which
was
suspended
in
connection
with
a
disciplinary
10
matter,
and
that
has
not
expired
or
been
terminated
during
the
11
suspension
period.
12
19.
“Reissuance”
means
the
issuance
of
a
new
license
13
following
the
revocation
of
a
license,
the
suspension
and
14
subsequent
termination
of
a
license,
or
the
forfeiture
of
a
15
license
in
connection
with
a
disciplinary
matter.
16
20.
“Staff
adjuster”
means
a
person
who
is
directly
employed
17
by
an
insurer
or
self-insurer
to
investigate,
negotiate,
or
18
settle
property,
casualty,
or
workers’
compensation
claims.
19
21.
“Uniform
business
entity
application”
means
the
most
20
recent
version
of
NAIC’s
uniform
application
for
business
21
entity
license
and
registration.
22
22.
“Uniform
individual
application”
means
the
most
recent
23
version
of
NAIC’s
uniform
application
for
individual
adjuster
24
or
apprentice
license
and
registration.
25
Sec.
34.
Section
522C.3,
Code
2025,
is
amended
by
striking
26
the
section
and
inserting
in
lieu
thereof
the
following:
27
522C.3
Authority
of
the
commissioner.
28
The
commissioner
may
adopt
rules
pursuant
to
chapter
17A
as
29
necessary
to
administer
and
enforce
this
chapter,
which
may
30
include
but
are
not
limited
to
all
of
the
following:
31
1.
Advertising
standards.
32
2.
Continuing
education
requirements
for
licensees.
33
3.
Contracts
between
public
adjusters
and
insureds.
34
4.
Required
disclosures
by
licensees.
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5.
Examinations
for
licensure.
1
6.
Exemptions.
2
7.
License
bonds,
and
errors
and
omissions
insurance
3
requirements.
4
8.
License
requirements
and
exclusions.
5
9.
Prohibited
practices.
6
10.
Record
retention
requirements.
7
11.
Reporting
requirements.
8
12.
Requirements
and
limitations
on
fees
charged
by
public
9
adjusters.
10
13.
Standards
for
reasonableness
of
payment.
11
14.
Standards
of
conduct.
12
15.
Penalties.
13
Sec.
35.
Section
522C.4,
Code
2025,
is
amended
by
striking
14
the
section
and
inserting
in
lieu
thereof
the
following:
15
522C.4
License
required.
16
1.
A
person
shall
not
act
as,
or
represent
that
the
person
17
is,
a
public
adjuster
or
an
independent
adjuster
in
this
state
18
unless
the
person
is
licensed
under
this
chapter.
19
2.
A
license
as
an
adjuster
shall
not
be
required
of
any
of
20
the
following:
21
a.
A
staff
adjuster;
however,
staff
adjusters
shall
comply
22
with
all
other
provisions
of
this
chapter
not
including
section
23
522C.7.
24
b.
An
attorney
licensed
to
practice
law
in
the
state
when
25
acting
within
their
professional
capacity
as
an
attorney.
26
c.
A
person
employed
only
for
the
purpose
of
obtaining
facts
27
surrounding
a
loss,
or
furnishing
technical
assistance
to
a
28
licensed
adjuster,
including
but
not
limited
to
a
photographer,
29
estimator,
private
investigator,
engineer,
and
handwriting
30
expert.
31
Sec.
36.
Section
522C.5,
Code
2025,
is
amended
by
striking
32
the
section
and
inserting
in
lieu
thereof
the
following:
33
522C.5
Application
for
license.
34
1.
A
person
applying
for
an
adjuster
license
shall
complete
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a
uniform
individual
application
or
a
uniform
business
entity
1
application
through
the
NIPR
gateway
or
as
otherwise
prescribed
2
by
the
commissioner.
3
2.
To
determine
an
applicant’s
eligibility
for
licensure,
4
the
commissioner
may
require
a
criminal
history
check
pursuant
5
to
section
522B.5A.
6
Sec.
37.
NEW
SECTION
.
522C.5A
Individual
applicants
——
7
resident
adjuster.
8
Prior
to
approving
an
individual’s
application
for
a
9
resident
adjuster
license,
the
commissioner
shall
find
that
the
10
applicant
meets
all
of
the
following
requirements:
11
1.
This
state
is
the
applicant’s
home
state.
12
2.
The
applicant
has
not
committed
any
act
that
is
a
ground
13
for
denial,
suspension,
or
revocation
of
a
license
under
14
section
522C.13.
15
3.
The
applicant
has
the
requisite
character
and
competence
16
to
be
licensed
as
an
adjuster,
as
may
be
determined
by
the
17
commissioner.
18
4.
The
applicant
is
financially
responsible
pursuant
to
19
section
522C.7.
20
5.
The
applicant
has
paid
all
fees
required
under
this
21
chapter.
22
6.
The
applicant
maintains
an
office
in
the
applicant’s
home
23
state
with
public
access
by
reasonable
appointment
or
regular
24
business
hours.
25
7.
The
applicant
is
at
least
eighteen
years
of
age.
26
8.
The
applicant
successfully
passed
the
adjuster
27
examination
pursuant
to
section
522C.8.
28
9.
The
applicant
submitted
contracts
and
any
subsequent
29
contract
modification
to
the
commissioner
for
review
and
30
approval
prior
to
use.
A
contract
that
has
been
filed
is
31
deemed
to
be
approved
unless
disapproved
or
additional
32
information
is
requested
by
the
commissioner
within
thirty
33
calendar
days
of
receipt
of
the
filing
by
the
commissioner.
34
10.
The
applicant
has
obtained
any
necessary
authority
from
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the
secretary
of
state
to
transact
business
in
this
state.
1
Sec.
38.
NEW
SECTION
.
522C.5B
Individual
applicants
——
2
nonresident
adjuster.
3
Before
approving
a
nonresident
applicant’s
application
for
4
a
nonresident
adjuster
license,
the
commissioner
shall
find
5
that
the
nonresident
applicant
meets
all
of
the
following
6
requirements:
7
1.
The
nonresident
applicant
has
not
committed
any
act
that
8
is
a
ground
for
denial,
suspension,
or
revocation
of
a
license
9
under
section
522C.13.
10
2.
The
nonresident
applicant
is
licensed
as
a
resident
11
adjuster
and
in
good
standing
in
the
nonresident
applicant’s
12
home
state.
If
the
nonresident
applicant’s
resident
license
13
in
the
nonresident
applicant’s
home
state
terminates
for
any
14
reason,
a
license
issued
to
a
nonresident
applicant
under
this
15
section
shall
become
inactive,
unless
the
termination
is
due
to
16
the
nonresident
applicant
being
issued
a
new
resident
adjuster
17
license
in
the
nonresident
applicant’s
home
state
and
the
home
18
state
has
reciprocity
with
this
state.
19
3.
The
nonresident
applicant
has
submitted
a
request
for
20
licensure
to
the
division
in
a
form
and
manner
prescribed
by
21
the
commissioner.
22
4.
The
nonresident
applicant
has
the
requisite
character
23
and
competence
to
be
licensed
as
an
adjuster,
as
may
be
24
determined
by
the
commissioner.
25
5.
The
nonresident
applicant
is
financially
responsible
26
pursuant
to
section
522C.7.
27
6.
The
nonresident
applicant
has
paid
all
fees
required
28
under
this
chapter.
29
7.
The
nonresident
applicant
has
obtained
any
necessary
30
authority
from
the
Iowa
secretary
of
state
to
transact
business
31
in
this
state.
32
8.
The
nonresident
applicant
filed
contracts
with
the
33
commissioner
for
review
and
approval
prior
to
use.
A
contract
34
that
has
been
filed
is
deemed
to
be
approved
unless
disapproved
35
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or
additional
information
is
requested
by
the
commissioner
1
within
thirty
calendar
days
of
receipt
of
the
filing
by
the
2
commissioner.
3
9.
The
nonresident
applicant
successfully
passed
the
4
adjuster
examination
pursuant
to
section
522C.8.
5
Sec.
39.
NEW
SECTION
.
522C.5C
Business
applicants
——
6
resident
public
adjuster
or
independent
adjuster.
7
Prior
to
approving
a
business
entity’s
application
for
a
8
license
for
a
resident
public
adjuster
or
resident
independent
9
adjuster,
the
commissioner
shall
find
that
the
business
entity
10
meets
all
of
the
following
requirements:
11
1.
The
business
entity
has
designated
an
individual
12
adjuster
licensed
in
this
state
to
be
responsible
for
the
13
business
entity’s
compliance
with
the
insurance
laws
and
14
administrative
rules
of
this
state.
15
2.
The
business
entity
has
not
committed
any
act
that
is
a
16
ground
for
denial,
suspension,
or
revocation
of
a
license
under
17
section
522C.13.
18
3.
The
business
entity
has
the
requisite
character
and
19
competence
to
be
licensed
as
an
adjuster,
as
may
be
determined
20
by
the
commissioner.
21
4.
The
business
entity
is
financially
responsible
pursuant
22
to
section
522C.7.
23
5.
The
business
entity
has
paid
all
fees
required
under
this
24
chapter.
25
6.
The
business
entity
maintains
an
office
in
the
26
business
entity’s
home
state
with
public
access
by
reasonable
27
appointment
or
regular
business
hours.
28
7.
The
business
entity
submitted
contracts
and
any
29
subsequent
contract
modification
to
the
commissioner
for
review
30
and
approval
prior
to
use.
A
contract
that
has
been
filed
31
is
deemed
to
be
approved
unless
disapproved
or
additional
32
information
is
requested
by
the
commissioner
within
thirty
33
calendar
days
of
receipt
of
the
filing
by
the
commissioner.
34
8.
The
business
entity
has
obtained
any
necessary
authority
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from
the
Iowa
secretary
of
state
to
transact
business
in
this
1
state.
2
Sec.
40.
NEW
SECTION
.
522C.5D
Business
applicants
——
3
nonresident
business
entity.
4
Before
approving
a
nonresident
business
entity’s
application
5
for
a
nonresident
public
adjuster
license
or
a
nonresident
6
independent
adjuster
license,
the
commissioner
shall
find
that
7
the
nonresident
business
entity
meets
all
of
the
following
8
requirements:
9
1.
The
nonresident
business
applicant
has
designated
an
10
individual
adjuster
licensed
in
this
state
to
be
responsible
11
for
the
nonresident
business
applicant’s
compliance
with
the
12
insurance
laws
and
administrative
rules
of
this
state.
13
2.
The
nonresident
business
applicant
has
not
committed
any
14
act
that
is
a
ground
for
denial,
suspension,
or
revocation
of
a
15
license
under
section
522C.13.
16
3.
The
nonresident
business
applicant
has
the
requisite
17
character
and
competence
to
be
licensed
as
an
adjuster,
as
may
18
be
determined
by
the
commissioner.
19
4.
The
nonresident
business
applicant
is
financially
20
responsible
pursuant
to
section
522C.7.
21
5.
The
nonresident
business
applicant
has
paid
all
fees
22
required
under
this
chapter.
23
6.
The
nonresident
business
applicant
maintains
an
office
24
in
the
nonresident
business
applicant’s
home
state
with
public
25
access
by
reasonable
appointment
or
regular
business
hours.
26
7.
The
nonresident
business
applicant
submitted
contracts
27
and
any
subsequent
contract
modification
to
the
commissioner
28
for
review
and
approval
prior
to
use.
A
contract
that
has
been
29
filed
is
deemed
to
be
approved
unless
disapproved
or
additional
30
information
is
requested
by
the
commissioner
within
thirty
31
calendar
days
of
receipt
of
the
filing
by
the
commissioner.
32
8.
The
nonresident
business
applicant
has
obtained
any
33
necessary
authority
from
the
Iowa
secretary
of
state
to
34
transact
business
in
this
state.
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Sec.
41.
Section
522C.6,
Code
2025,
is
amended
by
striking
1
the
section
and
inserting
in
lieu
thereof
the
following:
2
522C.6
Fees
——
license
issuance,
renewal,
or
reinstatement,
3
and
examination.
4
Fees
for
a
license
as
an
adjuster
shall
be
as
follows:
5
1.
Any
applicable
fee
for
a
criminal
history
check
pursuant
6
to
section
522B.5A.
7
2.
The
fee
for
issuance
or
renewal
of
an
adjuster
license
is
8
fifty
dollars
for
a
consecutive
twenty-four-month
period.
9
3.
The
fee
for
reinstatement
of
an
adjuster
license
is
fifty
10
dollars.
11
4.
The
fee
for
a
reinstatement
or
reissuance
of
an
adjuster
12
license
due
to
a
disciplinary
action
under
section
522C.15
is
13
one
hundred
dollars.
14
5.
The
commissioner
may
charge
a
reasonable
fee
for
the
15
compilation
and
production
of
adjuster
licensing
records.
16
6.
The
fee
for
an
examination
under
section
522C.8
may
17
be
set
by
a
third-party
testing
service
under
contract
with
18
the
division
to
administer
the
examination.
The
fee
must
be
19
approved
by
the
division.
20
7.
Fees
shall
be
paid
electronically
through
the
NIPR
21
gateway.
22
Sec.
42.
NEW
SECTION
.
522C.7
Financial
responsibility.
23
1.
Prior
to
issuance
of
a
license
under
section
522C.5A,
24
522C.5B,
522C.5C,
or
522C.5D,
an
applicant
shall
secure
25
evidence
of
financial
responsibility
through
a
surety
bond
26
as
prescribed
by
the
commissioner.
The
surety
bond
shall
be
27
executed
and
issued
by
an
insurer
authorized
to
issue
surety
28
bonds
in
this
state
and
meet
the
following
requirements:
29
a.
The
surety
bond
shall
be
a
minimum
of
fifty
thousand
30
dollars.
31
b.
The
surety
bond
shall
be
in
favor
of
the
state
and
32
specifically
authorize
recovery
by
the
commissioner
on
behalf
33
of
any
person
in
this
state
who
sustains
damages
as
the
result
34
of
an
adjuster’s
erroneous
act,
failure
to
act,
fraud,
or
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unfair
or
deceptive
act
or
practice
under
section
507B.4.
1
c.
The
surety
bond
shall
not
be
terminated
without
prior
2
written
notice
filed
with
the
division
a
minimum
of
thirty
3
calendar
days
prior
to
termination.
4
2.
The
division
may
request
that
an
adjuster
provide
5
evidence
of
financial
responsibility
at
any
time
the
division
6
deems
relevant.
7
3.
An
adjuster
shall
immediately
notify
the
division
if
the
8
adjuster’s
evidence
of
financial
responsibility
terminates
in
9
violation
of
subsection
1,
paragraph
“c”
,
or
becomes
impaired,
10
and
the
adjuster’s
license
shall
become
inactive
until
the
11
adjuster
provides
the
division
with
evidence
of
financial
12
responsibility.
13
Sec.
43.
NEW
SECTION
.
522C.8
Examination.
14
1.
An
individual
applying
for
a
license
under
this
chapter
15
shall
pass
a
written
examination,
unless
exempt
pursuant
to
16
section
522C.9.
The
examination
shall
test
the
knowledge
of
17
the
individual
concerning
the
duties
and
responsibilities
of
18
an
adjuster
and
the
insurance
laws
and
administrative
rules
19
of
this
state,
and
shall
be
conducted
as
prescribed
by
the
20
division.
21
2.
Each
individual
applying
for
examination
shall
remit
the
22
examination
fee
under
section
522C.6.
23
3.
An
individual
who
fails
to
appear
for
a
scheduled
24
examination,
or
who
fails
to
pass
the
examination,
may
reapply
25
for
examination
and
must
remit
the
required
fee
to
be
scheduled
26
for
another
examination.
27
4.
The
results
of
an
examination
shall
be
valid
to
submit
28
for
licensure
for
ninety
calendar
days
after
the
date
of
the
29
examination.
30
Sec.
44.
NEW
SECTION
.
522C.9
Examination
——
exemption.
31
1.
An
individual
who
applies
for
a
nonresident
license
32
under
this
chapter
and
who
was
previously
a
licensed
adjuster
33
in
another
state
that
required
an
examination
that
included
34
Iowa-specific
statutes
and
administrative
rules
shall
not
be
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required
to
apply
for
examination
under
section
522C.8.
1
2.
An
individual
who
relocates
to
this
state
and
who
was
a
2
licensed
adjuster
in
another
state
that
required
an
examination
3
that
included
Iowa-specific
statutes
and
administrative
rules
4
shall
not
be
required
to
apply
for
examination
under
section
5
522C.8
if
the
individual
submits
an
application
for
a
resident
6
adjuster
license
under
section
522C.5A
within
ninety
calendar
7
days
of
establishing
legal
residency,
and
any
of
the
following
8
apply:
9
a.
The
individual
is
currently
a
licensed
adjuster
in
the
10
state
from
which
the
applicant
relocated.
11
b.
The
state
from
which
the
applicant
relocated
issues
12
a
certification
that
the
applicant
is
licensed
and
in
good
13
standing.
14
c.
The
producer
database
records
of
the
state
from
which
15
the
applicant
relocated,
or
records
maintained
by
the
NAIC
or
16
a
NAIC
affiliate
or
subsidiary,
indicate
that
the
adjuster
17
is
currently
licensed
or
had
been
licensed,
and
is
in
good
18
standing.
19
Sec.
45.
NEW
SECTION
.
522C.10
Public
adjuster
and
insured
20
——
contract
for
services.
21
1.
a.
A
public
adjuster
shall
not
provide
services
to
an
22
insured
until
a
written
contract
with
the
insured
has
been
23
executed
on
a
form
filed
with
and
approved
by
the
commissioner
24
pursuant
to
section
522C.5A,
subsection
9,
section
522C.5B,
25
subsection
8,
section
522C.5C,
subsection
7,
or
section
26
522C.5D,
subsection
7.
The
contract
must
have
a
heading
that
27
indicates
the
contract
is
a
public
adjuster
contract
and
must
28
contain
all
of
the
following:
29
(1)
The
full
name,
address,
telephone
number,
and
license
30
number
of
the
public
adjuster
presenting
and
negotiating
the
31
contract
and,
if
applicable,
the
full
name,
address,
telephone
32
number,
and
license
number
of
the
business
entity
the
public
33
adjuster
is
associated
with.
34
(2)
The
insured’s
full
name,
street
address,
insurance
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company
name,
and,
if
known
or
upon
notification,
the
insurance
1
policy
number
and
claim
number.
2
(3)
A
description
of
the
insured’s
loss
claim
and
the
3
address
at
which
the
loss
is
located,
if
applicable.
4
(4)
A
description
of
services
to
be
provided
by
the
public
5
adjuster
on
behalf
of
the
insured.
6
(5)
A
signature
of
the
public
adjuster
and
of
the
insured,
7
and
the
date
the
public
adjuster
and
the
insured
each
signed
8
the
contract.
9
(6)
An
attestation
that
the
public
adjuster
has
a
surety
10
bond
pursuant
to
section
522C.7.
11
(7)
An
explanation
of
the
amount
payable
to
the
public
12
adjuster,
and
how
the
amount
is
calculated,
which
may
include
13
any
of
the
following:
14
(a)
If
an
hourly
rate,
the
contract
shall
state
the
hourly
15
rate
and
how
the
rate
is
applied
to
the
hours
of
service
16
provided
by
the
public
adjuster
to
calculate
the
amount
17
payable.
18
(b)
If
a
flat
fee,
the
contract
must
state
the
exact
amount
19
payable
to
the
public
adjuster.
20
(c)
If
a
percentage
of
settlement,
the
contract
must
state
21
the
exact
percentage
applied
to
the
settlement
on
the
claim.
22
(d)
If
any
other
consideration,
the
contract
must
detail
how
23
the
amount
payable
is
calculated
or
determined.
24
(8)
A
public
adjuster
may
charge
a
reasonable
fee
that
shall
25
not
exceed
any
of
the
following:
26
(a)
Fifteen
percent
of
all
claim
payments
approved
by
27
the
insurer
for
any
noncatastrophic
disaster
insurance
claim
28
settlement.
29
(b)
Ten
percent
of
all
claim
payments
approved
by
the
30
insurer
for
any
catastrophic
disaster
insurance
claim
31
settlement.
32
(9)
That
compensation
for
any
reopened
or
supplemental
33
claim
may
not
exceed
the
limitations
set
forth
in
the
contract.
34
(10)
That
the
insured
has
the
right
to
agree
to
or
reject
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a
loss
settlement
even
if
the
public
adjuster
objects
to
the
1
insured’s
decision.
2
(11)
The
initial
expenses
of
the
public
adjuster
that
will
3
be
reimbursed
from
the
proceeds
of
the
claim
payment
shall
be
4
specified
by
expense
type,
with
reimbursement
estimates
set
5
forth
in
the
contract.
Any
additional
expenses
for
which
the
6
public
adjuster
requests
reimbursement
shall
be
disclosed
in
7
writing
to
the
insured,
and
must
be
approved
by
the
insured
8
prior
to
reimbursement.
9
(12)
A
statement
that
the
public
adjuster
shall
not
render
10
services
or
perform
acts
that
constitute
the
practice
of
law.
11
(13)
A
statement
that
the
public
adjuster
shall
not
act
on
12
behalf
of
or
aid
any
person
in
negotiation
or
settlement
of
a
13
claim
related
to
bodily
injury,
death,
or
noneconomic
damages.
14
(14)
The
process
for
rescinding
the
contract,
including
15
the
date
by
which
rescission
of
the
contract
by
the
public
16
adjuster
or
the
insured
must
occur.
The
public
adjuster
17
shall
provide
notice
of
the
insured’s
rights
under
chapter
18
555A,
and
the
insured
may
rescind
the
contract
as
provided
in
19
chapter
555A.
A
contract
shall
not
be
construed
to
prevent
an
20
insured
from
pursuing
a
civil
remedy
after
the
revocation
or
21
cancellation
period.
If
the
insured
rescinds
the
contract,
22
anything
of
value
given
by
the
insured
shall
be
returned
to
the
23
insured
within
fifteen
business
days
following
receipt
of
the
24
cancellation
notice
by
the
public
adjuster.
25
b.
A
contract
provision
shall
not
be
redacted
in
a
copy
of
26
the
contract
submitted
to
the
commissioner.
Such
redaction
27
shall
constitute
a
violation
of
this
chapter,
and
shall
be
28
subject
to
penalties
under
sections
522C.13
and
522C.14.
29
2.
If
the
insurer,
no
later
than
five
calendar
days
30
after
the
date
on
which
the
insured’s
loss
is
reported
to
31
the
insurer,
either
pays
or
commits
in
writing
to
pay
to
the
32
insured
the
policy
limit
of
the
insured’s
insurance
policy,
the
33
public
adjuster
shall:
34
a.
Inform
the
insured
that
the
total
amount
of
loss
claimed
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by
the
insured
may
not
be
agreed
to
by
the
insurer.
1
b.
Only
be
entitled
to
reasonable
compensation
from
the
2
insured
for
services
provided
on
behalf
of
the
insured
based
on
3
the
time
spent
on
the
claim,
and
the
expenses
incurred
by
the
4
public
adjuster,
until
the
date
the
insurer
pays
the
claim
or
5
provides
the
insured
with
a
written
commitment
that
the
insurer
6
will
pay
the
claim.
7
3.
A
public
adjuster
contract
shall
not
contain
a
provision
8
that
does
any
of
the
following:
9
a.
Allows
the
public
adjuster’s
percentage
of
a
settlement
10
to
be
collected
if
money
is
still
due
from
an
insurer,
or
that
11
allows
the
public
adjuster
to
collect
the
entire
percentage
12
of
a
settlement
from
any
single
payment
issued
by
an
insurer
13
rather
than
as
a
percentage
of
each
payment
issued
by
the
14
insurer.
15
b.
Requires
or
permits
the
insured
to
authorize
an
insurer
16
to
issue
a
check
only
in
the
name
of
the
public
adjuster.
17
c.
Imposes
collection
costs
or
late
fees.
18
d.
Allows
the
public
adjuster’s
compensation
to
be
increased
19
based
on
the
fact
that
a
claim
is
litigated.
20
e.
Precludes
either
an
insured
or
the
public
adjuster
from
21
pursuing
civil
remedies.
22
f.
Restricts
an
insured’s
right
to
initiate
or
maintain
23
direct
communication
with
the
insured’s
attorney
or
insurer,
24
with
the
insurer’s
adjuster
or
attorney,
or
any
other
person
25
regarding
settlement
of
the
insured’s
claim.
26
g.
Grants
the
public
adjuster
power
of
attorney
or
limited
27
power
of
attorney
of
the
insured.
28
h.
Requires
the
insured
to
use
a
particular
business
entity
29
or
individual
for
the
reconstruction,
repair,
or
restoration
of
30
the
insured’s
damaged
property.
31
4.
Prior
to
execution
of
the
contract,
the
public
adjuster
32
shall
review
the
terms
of
the
contract
with
the
insured
33
and
provide
the
insured
with
a
separate
disclosure
document
34
regarding
the
claim
process
that
shall
include
the
following:
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DISCLOSURE
DOCUMENT
1
REGARDING
THE
CLAIM
PROCESS
2
1.
PROPERTY
INSURANCE
POLICIES
OBLIGATE
THE
INSURED
TO
3
PRESENT
A
CLAIM
TO
THE
INSURED’S
INSURER
FOR
CONSIDERATION.
4
THERE
ARE
THREE
TYPES
OF
ADJUSTERS
THAT
MAY
BE
INVOLVED
IN
THAT
5
PROCESS.
THE
THREE
TYPES
ARE
AS
FOLLOWS:
6
(A)
“STAFF
ADJUSTER”
IS
DEFINED
IN
IOWA
CODE
SECTION
522C.2.
7
A
STAFF
ADJUSTER
IS
EMPLOYED
BY
THE
INSURER.
THEY
WILL
NOT
8
CHARGE
THE
INSURED
A
FEE.
9
(B)
“INDEPENDENT
ADJUSTER”
IS
DEFINED
IN
IOWA
CODE
SECTION
10
522C.2.
AN
INDEPENDENT
ADJUSTER
IS
CONTRACTED
BY
THE
INSURER
11
TO
REPRESENT
THE
INSURER.
THEY
WILL
NOT
CHARGE
THE
INSURED
A
12
FEE.
13
(C)
“PUBLIC
ADJUSTER”
IS
DEFINED
IN
IOWA
CODE
SECTION
14
522C.2.
A
PUBLIC
ADJUSTER
IS
NOT
AN
EMPLOYEE
OR
REPRESENTATIVE
15
OF
THE
INSURER.
THEY
ARE
HIRED
BY
THE
INSURED
TO
ASSIST
IN
THE
16
PREPARATION,
PRESENTATION,
AND
SETTLEMENT
OF
A
CLAIM.
17
2.
THE
INSURED
IS
NOT
REQUIRED
TO
HIRE
A
PUBLIC
ADJUSTER
18
TO
HELP
THE
INSURED
MEET
THE
INSURED’S
OBLIGATIONS
UNDER
THE
19
INSURED’S
POLICY,
BUT
HAS
THE
RIGHT
TO
DO
SO.
20
3.
THE
INSURED
HAS
THE
RIGHT
TO
INITIATE
DIRECT
21
COMMUNICATIONS
WITH
THE
INSURED’S
ATTORNEY,
THE
INSURED’S
22
INSURANCE
COMPANY,
THE
INSURANCE
COMPANY’S
STAFF
ADJUSTER
OR
23
INDEPENDENT
ADJUSTER,
THE
INSURANCE
COMPANY’S
ATTORNEY,
OR
ANY
24
OTHER
PERSON
REGARDING
THE
SETTLEMENT
OF
THE
INSURED’S
CLAIM.
25
4.
THE
INSURED
MAY
BE
RESPONSIBLE
FOR
ANY
AMOUNT
PAYABLE
TO
26
A
PUBLIC
ADJUSTER
RELATED
TO
ANY
PORTION
OF
A
CLAIM
THAT
WAS
27
PREVIOUSLY
PAID
IN
PART,
IN
FULL,
OR
SETTLED
BY
THE
INSURER
28
PRIOR
TO
A
CONTRACT
BEING
ENTERED
INTO
BETWEEN
THE
PUBLIC
29
ADJUSTER
AND
THE
INSURED.
30
5.
THE
AMOUNT
PAYABLE
TO
A
PUBLIC
ADJUSTER,
WHICH
CAN
31
INCLUDE
A
SALARY,
FEE,
COMMISSION,
OR
OTHER
CONSIDERATION
AS
32
OUTLINED
IN
THE
CONTRACT,
IS
THE
OBLIGATION
OF
THE
INSURED,
NOT
33
THE
INSURER.
34
6.
THE
INSURED
MAY
FILE
A
COMPLAINT
WITH
THE
IOWA
INSURANCE
35
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DIVISION
BY
CALLING
(877)
955-1212
OR
VISITING
IID.IOWA.GOV.
1
5.
An
original
copy
of
a
completed
contract
shall
be
2
provided
to
the
public
adjuster
and
to
the
insured.
The
3
commissioner
may
inspect
the
original
contract
in
possession
of
4
the
public
adjuster
at
any
time
without
prior
notice.
5
6.
Within
seventy-two
hours
of
executing
a
contract
with
an
6
insured
under
this
section,
the
public
adjuster
shall
provide
7
the
insured’s
insurer
a
notification
letter,
which
has
been
8
signed
by
the
insured,
authorizing
the
public
adjuster
to
9
represent
the
insured’s
interest.
The
insurer
shall
verify
10
that
the
public
adjuster
is
currently
licensed
with
the
11
division.
12
7.
A
contract
between
a
public
adjuster
and
an
insured
13
executed
on
a
form
in
violation
of
subsection
1,
paragraph
“a”
,
14
shall
not
be
enforceable
in
this
state.
15
Sec.
46.
NEW
SECTION
.
522C.11
Adjusters
——
standards
of
16
conduct.
17
1.
A
public
adjuster
shall
serve
with
objectivity
and
18
complete
loyalty
to
the
interest
of
the
insured.
A
public
19
adjuster
shall
render
to
the
insured
in
good
faith
information,
20
counsel,
and
service,
that
in
the
opinion
of
the
public
21
adjuster
will
best
serve
the
insured’s
insurance
claim
needs
22
and
interest.
These
duties
extend
to
the
claims
process
and
23
include
providing
timely
responses
to
both
the
insurer
and
the
24
insured.
25
2.
For
a
minimum
of
seventy-two
hours
following
a
26
catastrophic
disaster,
to
allow
time
for
the
commissioner
27
to
safely
deploy
consumer
protection
resources,
a
public
28
adjuster
shall
not,
in
person
or
by
telephone,
directly
offer
29
to
contract,
attempt
to
offer
to
contract,
or
enter
into
an
30
adjuster
contract
with
an
insured
unless
the
offer
to
contract,
31
the
attempt
to
offer
to
contract,
or
entering
into
a
contract
32
is
initiated
by
a
consumer.
If
the
commissioner
deems
the
33
severity
of
the
catastrophic
disaster
to
have
placed
people
34
under
duress,
the
commissioner
shall
immediately
dispatch
the
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957
consumer
advocate
and
other
personnel
to
the
disaster
area
to
1
provide
consumer
guidance.
If,
after
a
public
hearing,
the
2
commissioner
determines
that,
due
to
the
scope
and
severity
3
of
the
catastrophic
disaster,
additional
time
is
necessary
to
4
safely
deploy
additional
consumer
protection
resources,
the
5
commissioner
may
extend
the
time
period
that
a
public
adjuster
6
shall
not
offer
to
contract,
attempt
to
offer
to
contract,
or
7
enter
into
a
contract
for
an
additional
seventy-two
hours.
8
3.
A
public
adjuster
shall
not
solicit
between
the
hours
9
of
8:00
p.m.
and
9:00
a.m.
Solicitation
shall
include
but
is
10
not
limited
to
a
door-to-door
sale
as
that
term
is
defined
in
11
section
555A.1.
12
4.
A
public
adjuster,
or
an
independent
adjuster,
shall
not
13
permit
an
unlicensed
employee
or
representative
of
the
public
14
adjuster
or
independent
adjuster,
nor
any
person
associated
15
with
a
claim,
to
conduct
business
for
which
a
license
is
16
required
under
this
chapter.
17
5.
An
adjuster
shall
not
have
a
direct
or
indirect
financial
18
interest
in
any
aspect
of
a
claim
other
than
the
amount
payable
19
pursuant
to
the
written
contract
with
an
insured
under
section
20
522C.10.
21
6.
An
adjuster
shall
not
acquire
any
interest
in
salvage
of
22
property.
23
7.
An
adjuster
shall
not
undertake
the
adjustment
of
any
24
claim
if
the
adjuster
is
not
competent
and
knowledgeable
as
25
to
the
terms
and
conditions
of
the
insurance
coverage,
or
if
26
the
loss
or
coverage
otherwise
exceeds
the
adjuster’s
current
27
expertise.
28
8.
An
independent
adjuster
or
public
adjuster
shall
29
maintain
all
documentation
relating
to
all
estimates
and
30
coverage
determinations
for
a
minimum
of
five
years
from
the
31
date
of
completion
of
a
settlement.
32
9.
An
adjuster
shall
not
knowingly
make
any
false
oral
or
33
written
material
statements
regarding
any
person
engaged
in
the
34
business
of
insurance,
or
any
other
adjuster,
to
an
insured
who
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is
a
client
or
potential
client.
1
10.
a.
An
adjuster
shall
not
reasonably
act,
or
fail
to
2
act,
in
any
manner
that
obstructs
or
prevents
an
insurer
or
3
adjuster
from
timely
conducting
an
inspection
of
any
part
of
4
an
insured’s
property
for
which
there
is
a
claim
for
loss
or
5
damage.
6
b.
If
a
public
adjuster
is
unavailable
after
reasonable
7
request
by
an
insurer,
resulting
in
delay
of
the
insurer’s
8
timely
inspection
of
the
property,
the
insured
shall
allow
9
the
insurer
to
have
access
to
the
property
without
the
10
participation
or
presence
of
the
public
adjuster
to
facilitate
11
the
insurer’s
prompt
inspection
of
the
loss
or
damage.
12
11.
An
adjuster
shall
respond
to
an
inquiry
from
an
insurer
13
or
an
insured
regarding
a
claim
within
fifteen
business
days
14
of
the
date
of
the
inquiry
unless
good
cause
exists
for
delay.
15
The
adjuster
shall
reply
within
fifteen
business
days
to
all
16
pertinent
communications
from
the
insured,
the
insurer,
or
a
17
representative
of
the
insured
or
the
insurer
that
reasonably
18
suggest
that
a
response
is
expected.
19
12.
Upon
receiving
notification
of
a
claim,
an
insurer
shall
20
provide
necessary
claim
forms,
instructions,
and
reasonable
21
assistance
within
fifteen
business
days
of
notification
of
the
22
claim
so
that
first-party
claimants
can
comply
with
the
policy
23
conditions
and
the
insurer’s
reasonable
requirements.
24
13.
An
adjuster
shall
not
act
as
an
appraiser
and
as
an
25
adjuster
on
the
same
claim.
26
14.
An
adjuster
shall
not
act
as
an
umpire
and
as
an
27
adjuster
on
the
same
claim.
28
15.
A
public
adjuster
shall
not
enter
into
a
contract
or
29
accept
a
power
of
attorney
or
limited
power
of
attorney
for
an
30
insured.
31
16.
a.
An
independent
adjuster
shall
not
act
as
an
32
independent
adjuster
and
a
public
adjuster
on
the
same
claim.
33
b.
A
public
adjuster
shall
not
act
as
a
public
adjuster
and
34
an
independent
adjuster
on
the
same
claim.
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17.
A
staff
adjuster
may
be
licensed
as
a
public
adjuster
1
or
as
an
independent
adjuster,
but
shall
be
prohibited
from
2
providing
services
as
an
independent
adjuster
or
a
public
3
adjuster
while
employed
as
a
staff
adjuster.
4
18.
A
public
adjuster
shall
not
agree
to,
or
reject,
any
5
loss
settlement
without
the
insured’s
express
knowledge
and
6
written
consent.
7
19.
An
adjuster
shall
not
engage
in
any
act
or
practice
8
that
is
a
conflict
of
interest.
A
conflict
of
interest
shall
9
include
but
is
not
limited
to
the
following:
10
a.
A
direct
or
indirect
financial
interest
with
a
person
11
responsible
for
the
reconstruction,
repair,
or
restoration
of
12
damaged
property
that
is
the
subject
of
a
claim,
or
with
a
13
person
involved
in
resolving
a
claim
valuation
dispute.
14
b.
A
direct
or
indirect
financial
interest,
or
other
15
valuable
consideration
regardless
of
form
or
amount
paid
to
an
16
adjuster
in
exchange
for
referring
an
insured
to
an
appraiser,
17
umpire,
construction
company,
contractor,
salvage
company,
or
18
attorney.
19
c.
Being
an
owner,
employee,
agent,
investor,
or
having
20
other
financial
interest
in
a
business
entity
responsible
for
21
the
reconstruction,
repair,
or
restoration
of
damaged
property
22
that
is
the
subject
of
a
claim,
or
having
an
immediate
family
23
member
who
is
an
owner,
employee,
agent,
or
investor
in
a
24
business
entity
responsible
for
the
reconstruction,
repair,
25
or
restoration
of
a
damaged
property
that
is
the
subject
of
a
26
claim.
27
d.
Entering
into
a
written
or
verbal
contract,
or
formal
28
or
informal
agreement,
with
any
person
that
compromises
the
29
adjuster’s
duty
of
loyalty
to
the
insured.
30
e.
Using
claim
information
obtained
in
the
course
of
a
claim
31
investigation
for
commercial
purposes
including
marketing
or
32
advertising
for
the
benefit
of
the
adjuster.
33
20.
A
public
adjuster
shall
not
file
a
complaint
with
34
the
division
on
behalf
of
an
insured
without
the
insured’s
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knowledge
and
written
consent.
1
21.
An
adjuster
shall
not
represent,
directly
or
2
indirectly,
that
damage
has
occurred
at
a
property
unless
the
3
adjuster
has
inspected
the
damaged
areas
of
the
property.
4
22.
An
adjuster
shall
produce
a
detailed
written
estimate
to
5
repair
or
replace
covered
damages
and
provide
a
copy
to
both
6
the
insured
and
the
insurer
in
a
timely
manner.
7
23.
A
public
adjuster
shall
not
offer
to
pay
an
insured’s
8
deductible,
or
claim
that
the
insured’s
deductible
will
be
9
waived,
as
an
inducement
to
use
the
services
of
the
public
10
adjuster.
11
24.
An
adjuster
shall
respond
reasonably
promptly
to
12
inquiries
by
the
division.
13
25.
A
public
adjuster
shall
provide
a
detailed
invoice
for
14
completed
services
to
an
insured
prior
to
requesting
payment
15
for
services
pursuant
to
a
contract
under
section
522C.10.
16
26.
Funds
received
or
held
by
a
public
adjuster
on
behalf
of
17
an
insured
toward
the
settlement
of
a
claim
shall
be:
18
a.
Held
in
a
fiduciary
capacity.
19
b.
Deposited
by
the
adjuster
into
one
or
more
separate
20
noninterest-bearing
fiduciary
trust
accounts
in
a
financial
21
institution
licensed
to
do
business
in
this
state
no
later
22
than
the
close
of
the
second
business
day
from
the
date
the
23
public
adjuster
received
the
funds,
and
either
deposited
in
the
24
insured’s
name
or
in
the
name
of
the
public
adjuster
as
trustee
25
for
the
insured,
to
be
held
and
administered
as
a
trust
account
26
for
the
benefit
and
protection
of
the
insured.
27
c.
Held
separately
from
personal
or
nonbusiness
funds.
28
d.
Held
separately
from
other
business
funds.
29
e.
Listed
specifically
and
separately,
by
the
insured’s
name
30
and
the
amount
in
trust
in
the
book
of
accounts
and
records
of
31
the
public
adjuster.
The
book
of
accounts
and
records
must
32
indicate
the
fiduciary
nature
of
the
account
and
any
amounts
33
deposited
or
withdrawn.
34
f.
Disbursed
within
thirty
calendar
days
of
receipt
of
an
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invoice
by
the
public
adjuster
from
a
contractor
that
completed
1
work,
if
the
public
adjuster
receives
approval
of
the
insured
2
that
the
work
was
satisfactorily
completed.
3
27.
A
public
adjuster
shall
comply
with
all
applicable
local
4
ordinances.
5
28.
An
adjuster
who
fails
to
comply
with
this
section
shall
6
be
subject
to
penalties
under
sections
522C.13
and
522C.14.
7
Sec.
47.
NEW
SECTION
.
522C.12
Adjusters
——
records.
8
1.
An
adjuster
shall
have
a
continuing
duty
to
keep,
at
9
the
adjuster’s
place
of
business,
usual
and
customary
records
10
pertaining
to
transactions
undertaken
by
the
adjuster.
All
11
such
records
shall
be
kept
available
and
open
for
inspection
12
by
the
division
at
any
time
during
regular
business
hours;
13
however,
the
division
is
not
entitled
to
inspect
any
records
14
prepared
in
anticipation
of
litigation
or
that
are
subject
to
15
any
privilege
recognized
in
chapter
622.
The
records
shall
be
16
maintained
for
a
minimum
of
five
years
from
the
date
of
the
17
adjuster
transaction.
18
2.
An
adjuster
who
fails
to
comply
with
this
section
shall
19
be
subject
to
penalties
under
sections
522C.13
and
522C.14.
20
Sec.
48.
NEW
SECTION
.
522C.13
License
denial,
nonrenewal,
21
suspension,
or
revocation.
22
1.
The
division
may
place
on
probation,
suspend,
revoke,
or
23
refuse
to
issue
or
renew
an
adjuster’s
license,
and
may
levy
a
24
civil
penalty
as
provided
in
section
522C.14,
for
one
or
more
25
of
the
following
causes:
26
a.
The
adjuster
provided
incorrect,
misleading,
incomplete,
27
or
materially
untrue
information
in
a
license
application.
28
b.
The
adjuster
violated
an
insurance
law,
regulation,
29
subpoena,
or
order
of
the
commissioner
or
of
a
commissioner
of
30
another
state.
31
c.
The
adjuster
obtained
or
attempted
to
obtain
a
license
32
through
misrepresentation
or
fraud.
33
d.
The
adjuster
improperly
withheld,
misappropriated,
or
34
converted
money
or
property
received
in
the
course
of
doing
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business.
1
e.
The
adjuster
was
convicted
of
a
felony.
2
f.
The
adjuster
admitted
to,
or
was
found
to
have
committed,
3
any
unfair
trade
practice
or
fraud.
4
g.
The
adjuster
used
fraudulent,
coercive,
or
dishonest
5
practices,
or
demonstrated
incompetence,
untrustworthiness,
or
6
financial
irresponsibility,
or
was
a
source
of
injury
or
loss
7
in
the
conduct
of
business
in
this
state
or
elsewhere.
8
h.
The
adjuster
had
any
professional
license,
or
its
9
equivalent,
denied,
suspended,
or
revoked
in
this
state
or
any
10
other
state,
province,
district,
or
territory.
11
i.
The
adjuster
forged
another’s
name
to
any
document
12
related
to
the
adjuster’s
work
as
an
adjuster.
13
j.
The
adjuster
improperly
used
notes
or
any
other
reference
14
material
to
complete
an
examination
for
an
adjuster
license.
15
k.
The
adjuster
knowingly
negotiated
as
an
adjuster
with
an
16
individual
or
business
entity
who
is
not,
but
is
required
to
17
be,
licensed
as
an
adjuster,
appraiser,
or
umpire.
18
l.
The
adjuster
failed
to
comply
with
an
administrative
or
19
court
order
imposing
a
child
support
obligation.
20
m.
The
adjuster
failed
to
comply
with
an
administrative
21
or
court
order
related
to
repayment
of
loans
to
the
college
22
student
aid
commission.
23
n.
The
adjuster
failed
to
pay
state
income
tax
or
to
comply
24
with
any
administrative
or
court
order
directing
payment
of
25
state
income
tax.
26
o.
The
adjuster
failed
or
refused
to
cooperate
in
27
an
investigation
conducted
by
the
commissioner
or
the
28
commissioner’s
designee.
29
p.
The
adjuster
intentionally
misrepresented
the
terms
of
an
30
actual
or
proposed
contract
for
services.
31
2.
If
the
commissioner
does
not
renew
an
adjuster’s
license
32
or
denies
an
application
for
a
license,
the
commissioner
shall
33
notify
the
adjuster
or
applicant
and
advise,
in
writing,
of
34
the
reason
for
the
nonrenewal
of
the
license
or
denial
of
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the
application
for
a
license.
The
adjuster
or
applicant
1
may
request
a
hearing
on
the
nonrenewal
or
denial
by
filing
2
a
written
request
for
a
hearing
within
thirty
calendar
days
3
from
the
date
of
notice
of
the
nonrenewal
or
denial.
A
hearing
4
shall
be
conducted
according
to
section
522C.15.
5
3.
The
license
of
a
business
entity
may
be
suspended,
6
revoked,
placed
on
probation,
or
refused
if
the
commissioner
7
finds,
after
hearing,
that
an
individual
adjuster’s
violation
8
was
known
or
should
have
been
known
by
a
licensed
partner,
9
officer,
or
manager
of
the
business
entity
and
the
violation
10
was
not
reported
to
the
commissioner
and
corrective
action
was
11
not
taken.
12
4.
The
license
of
a
nonresident
adjuster
shall
be
13
immediately
inactive
if
the
nonresident
adjuster
is
placed
on
14
probation,
suspended,
revoked,
refused,
or
denied
licensure
in
15
any
other
state.
The
nonresident
adjuster
shall
have
seven
16
calendar
days
to
alert
the
commissioner
that
the
nonresident
17
adjuster
has
been
placed
on
probation,
suspended,
revoked,
18
refused,
nonrenewed,
or
denied
licensure
in
another
state.
19
Failure
to
meet
the
reporting
deadline
shall
be
a
violation
of
20
this
section.
21
5.
In
addition
to,
or
in
lieu
of,
denial,
probation,
22
suspension,
or
revocation
of
a
license
under
this
section,
an
23
adjuster,
after
hearing,
may
be
subject
to
a
civil
penalty
as
24
provided
in
section
522C.14.
25
6.
The
commissioner
may
enforce
this
chapter,
may
conduct
26
an
investigation
of
any
suspected
violation
of
this
chapter,
27
and
may
impose
any
penalty
or
remedy
authorized
by
this
chapter
28
against
any
person
who
is
under
investigation
for,
or
charged
29
with,
a
violation
of
this
chapter
even
if
the
person’s
license
30
has
been
surrendered
or
has
lapsed
by
operation
of
law.
31
7.
a.
All
complaint
files,
investigation
files,
32
investigation
reports,
and
other
investigative
information
33
in
the
possession
of
the
commissioner
or
the
commissioner’s
34
agents
that
relates
to
adjuster
discipline
shall
be
privileged
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and
confidential,
and
shall
not
be
subject
to
discovery,
1
subpoena,
or
other
means
of
legal
compulsion
for
release
to
a
2
person
other
than
the
adjuster,
and
shall
not
be
admissible
in
3
evidence
in
a
judicial
or
administrative
proceeding
other
than
4
a
proceeding
involving
adjuster
discipline.
A
final
written
5
decision
of
the
commissioner
in
a
disciplinary
proceeding
shall
6
be
a
public
record.
7
b.
Investigative
information
in
the
possession
of
the
8
commissioner
or
the
commissioner’s
agents
that
relates
to
9
adjuster
discipline
may
be
disclosed,
at
the
commissioner’s
10
discretion.
The
commissioner
may
share
documents,
materials,
11
or
other
information,
including
confidential
and
privileged
12
documents
and
materials
subject
to
this
subsection,
with
other
13
state,
federal,
and
international
regulatory
agencies,
with
14
NAIC,
its
affiliates
or
subsidiaries,
and
with
state,
federal,
15
and
international
law
enforcement
authorities,
provided
16
that
the
recipient
agrees
to
maintain
the
confidentiality
17
and
privileged
status
of
the
document,
material,
or
other
18
information.
19
c.
If
the
investigative
information
in
the
possession
of
the
20
commissioner
or
the
commissioner’s
agents
indicates
a
crime
has
21
been
committed,
the
information
shall
be
reported
to
the
proper
22
law
enforcement
agency.
23
8.
a.
Pursuant
to
section
17A.19,
subsection
6,
upon
an
24
appeal
by
the
adjuster,
the
commissioner
shall
transmit
the
25
entire
record
of
the
contested
case
to
the
reviewing
court.
26
b.
Notwithstanding
section
17A.19,
subsection
6,
if
a
27
waiver
of
privilege
has
been
involuntary
and
evidence
has
been
28
received
at
a
disciplinary
hearing,
the
court
shall
issue
29
an
order
to
withhold
the
identity
of
the
individual
whose
30
privilege
was
waived.
31
Sec.
49.
NEW
SECTION
.
522C.14
Civil
and
criminal
penalties.
32
1.
a.
Upon
a
determination
by
the
commissioner
after
a
33
hearing
conducted
pursuant
to
chapter
17A
that
an
adjuster
has
34
violated
a
provision
of
this
chapter,
the
commissioner
shall
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reduce
the
findings
of
the
hearing
to
writing
and
deliver
a
1
copy
of
the
findings
to
the
adjuster.
2
b.
Upon
a
determination
by
the
commissioner
that
an
adjuster
3
has
engaged,
is
engaging,
or
is
about
to
engage
in
any
act
or
4
practice
constituting
a
violation
of
this
chapter
or
a
rule
5
adopted
or
order
issued
under
this
chapter,
the
commissioner
6
may
take
the
following
actions:
7
(1)
Issue
an
order
requiring
the
adjuster
to
cease
and
8
desist
from
engaging
in
the
conduct
resulting
in
the
violation.
9
(2)
Assess
a
civil
penalty
against
the
adjuster
of
not
more
10
than
one
thousand
dollars
for
each
violation
of
this
chapter,
11
not
to
exceed
an
aggregate
of
ten
thousand
dollars.
12
(3)
If
the
adjuster
knew
or
reasonably
should
have
known
13
the
adjuster
was
in
violation
of
this
chapter,
assess
a
14
civil
penalty
of
not
more
than
five
thousand
dollars
for
each
15
violation
of
this
chapter,
not
to
exceed
an
aggregate
penalty
16
of
fifty
thousand
dollars
in
any
one
six-month
period.
17
(4)
(a)
Issue
a
summary
order,
including
a
brief
statement
18
of
findings
of
fact,
conclusions
of
law,
and
policy
reasons
for
19
the
decision,
and
directing
the
adjuster
to
cease
and
desist
20
from
engaging
in
the
act
or
practice
or
to
take
affirmative
21
action
as
is
necessary
in
the
judgment
of
the
commissioner
to
22
comply
with
the
requirements
of
this
chapter.
23
(b)
An
adjuster
may
contest
a
summary
order
by
filing,
24
within
thirty
calendar
days
from
the
date
of
the
issuance
of
25
the
summary
order,
a
written
request
for
a
contested
case
26
proceeding
and
hearing
as
provided
in
chapter
17A
and
in
27
accordance
with
rules
adopted
by
the
commissioner.
Section
28
17A.18A
shall
be
inapplicable
to
a
summary
order
issued
under
29
this
subsection.
If
a
hearing
is
not
requested
within
thirty
30
calendar
days
from
the
date
of
issuance
of
the
summary
order,
31
the
summary
order
shall
become
final
by
operation
of
law.
A
32
summary
order
shall
remain
effective
from
the
date
of
issuance
33
until
the
date
the
order
becomes
final
by
operation
of
law,
34
or
is
modified
or
overturned
by
a
presiding
officer
or
court
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following
a
request
for
hearing.
1
(c)
An
adjuster
violating
a
summary
order
issued
under
this
2
subsection
shall
be
deemed
in
contempt
of
the
summary
order.
3
The
commissioner
may
petition
the
district
court
to
enforce
the
4
order
as
certified
by
the
commissioner.
The
district
court
5
shall
find
the
adjuster
in
contempt
of
the
order
if
the
court
6
finds,
after
conducting
a
hearing,
that
the
adjuster
is
not
7
in
compliance
with
the
order.
The
court
may
assess
a
civil
8
penalty
against
the
adjuster
and
may
issue
further
orders
as
9
the
court
deems
appropriate.
10
c.
In
addition
to
any
other
penalty
under
this
section,
11
if
the
commissioner
finds
that
a
violation
of
this
chapter
12
was
directed,
encouraged,
condoned,
ignored,
or
ratified
by
13
the
employer
of
the
adjuster,
the
commissioner
shall
assess
a
14
penalty
to
the
employer.
Penalties
under
this
paragraph
may
be
15
retained
by
the
commissioner
under
section
505.7,
subsection
9.
16
2.
a.
A
person
acting
as
an
adjuster
without
proper
17
licensure,
or
an
adjuster
who
willfully
violates
any
provision
18
of
this
chapter
or
an
order
issued
under
this
chapter,
is
19
guilty
of
a
class
“D”
felony.
If
the
violation
results
in
a
20
loss
of
more
than
ten
thousand
dollars,
the
person
or
adjuster
21
is
guilty
of
a
class
“C”
felony.
22
b.
An
adjuster
who
steals,
converts,
or
misappropriates
23
funds
that
should
be
held
in
trust
under
section
522C.11,
is
24
guilty
of
a
class
“D”
felony.
If
the
violation
results
in
a
25
loss
of
more
than
ten
thousand
dollars,
the
adjuster
is
guilty
26
of
a
class
“C”
felony.
27
c.
The
commissioner
may
refer
such
evidence
as
is
available
28
concerning
a
violation
of
this
chapter,
or
of
any
rule
adopted
29
or
order
issued
under
this
chapter,
or
of
the
failure
of
a
30
person
to
comply
with
the
licensing
requirements
of
this
31
chapter,
to
the
attorney
general
or
the
proper
county
attorney
32
who
may
institute
the
appropriate
criminal
proceedings
under
33
this
chapter.
34
d.
This
chapter
does
not
limit
the
power
of
the
state
to
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punish
any
person
for
conduct
that
constitutes
a
crime
under
1
any
other
statute.
2
3.
Any
contract
regulated
by
this
chapter
that
is
entered
3
into
by
an
insured
with
a
person
who
is
not
a
licensed
public
4
adjuster
in
this
state
shall
be
void.
If
a
contract
is
void,
5
the
insured
is
not
liable
for
the
payment
for
any
past
services
6
rendered,
or
future
services
to
be
rendered,
by
that
person.
7
Sec.
50.
NEW
SECTION
.
522C.15
Reinstatement
or
reissuance
8
of
a
license
after
disciplinary
matters
——
forfeiture
in
lieu
of
9
compliance.
10
1.
a.
A
person
licensed
as
an
adjuster
under
this
chapter
11
whose
license
has
been
revoked
or
suspended
by
order,
or
who
12
forfeited
a
license
in
connection
with
a
disciplinary
matter,
13
may
apply
to
the
commissioner
for
reinstatement
or
reissuance
14
in
accordance
with
the
terms
of
the
order
of
revocation
or
15
suspension,
or
the
order
accepting
the
forfeiture,
and
submit
16
to
a
criminal
history
check
under
section
522B.5A.
17
b.
Proceedings
for
reinstatement
or
reissuance
shall
be
18
initiated
by
the
applicant
who
shall
file
with
the
commissioner
19
an
application
for
reinstatement
or
reissuance
after
20
disciplinary
action.
An
applicant
shall
not
be
eligible
for
21
reinstatement
or
reissuance
until
the
applicant
satisfies
the
22
requirements
under
section
522C.5,
522C.5A,
522C.5B,
522C.5C,
23
or
522C.5D,
as
applicable,
and
the
examination
requirements
24
under
section
522C.8.
An
applicant
may
also
be
required
to
25
submit
a
new
or
renewal
adjuster
application
under
section
26
522C.5A,
522C.5B,
522C.5C,
or
522C.5D,
as
applicable.
27
c.
An
application
for
reinstatement
or
reissuance
shall
28
allege
facts
which,
if
established,
are
sufficient
to
enable
29
the
commissioner
to
determine
that
the
basis
of
revocation,
30
suspension,
or
forfeiture
of
the
applicant’s
license
no
longer
31
exists,
and
must
disclose
if
the
applicant
has
engaged
in
32
any
conduct
listed
as
a
cause
for
licensing
action
that
was
33
not
included
in
the
order
for
suspension,
revocation,
or
34
forfeiture.
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d.
An
application
for
reinstatement
or
reissuance
shall
1
allege
facts
which,
if
established,
are
sufficient
to
enable
2
the
commissioner
to
determine
that
it
is
in
the
public
3
interest
for
the
application
to
be
granted.
The
commissioner
4
may
determine
that
it
is
not
in
the
public
interest
if
the
5
applicant
has
engaged
in
any
conduct
listed
as
a
cause
for
6
licensing
action
that
was
not
included
in
the
order
for
7
suspension,
revocation,
or
forfeiture,
or
if
the
applicant
does
8
not
have
the
character
and
fitness
to
be
a
licensed
adjuster
9
in
this
state.
10
e.
The
burden
of
proof
to
establish
facts
identified
in
11
paragraphs
“c”
and
“d”
shall
be
on
the
applicant.
12
f.
An
adjuster
may
request
reinstatement
of
a
suspended
13
license
prior
to
the
end
of
the
suspension
term.
14
g.
Unless
otherwise
provided
by
law,
if
an
order
of
15
revocation
or
suspension
did
not
establish
terms
on
which
16
reinstatement
or
reissuance
may
occur,
or
if
the
license
17
was
forfeited,
an
initial
application
for
reinstatement
or
18
reissuance
shall
not
be
made
until
at
least
one
year
from
the
19
date
of
the
order
of
the
suspension,
revocation,
or
acceptance
20
of
the
forfeiture
of
a
license.
21
2.
All
proceedings
on
an
application
for
reinstatement
or
22
reissuance,
including
preliminary
and
ancillary
matters,
shall
23
be
held
in
accordance
with
chapter
17A.
The
application
shall
24
be
docketed
in
the
original
case
in
which
the
original
license
25
was
suspended,
revoked,
or
forfeited,
if
the
case
exists.
26
3.
An
order
of
reinstatement
or
reissuance
shall
be
based
27
on
a
written
decision
which
incorporates
findings
of
fact
28
and
conclusions
of
law.
An
order
granting
an
application
29
for
reinstatement
or
reissuance
may
impose
such
terms
and
30
conditions
as
the
commissioner
or
the
commissioner’s
designee
31
deems
appropriate,
and
may
include
one
or
more
penalties
32
provided
under
section
522C.14.
The
order
shall
be
a
public
33
record
and
may
be
disseminated
in
compliance
with
chapter
22.
34
4.
If
an
adjuster’s
ordered
suspension
period
ends
prior
to
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the
adjuster’s
license
expiration
date
and
the
adjuster
applies
1
for
reinstatement
prior
to
the
license
expiration
date
and
2
meets
all
applicable
requirements,
the
division
shall
reinstate
3
the
license
as
soon
as
practicable
but
no
earlier
than
the
end
4
of
the
suspension
period
if
the
division,
after
a
complete
5
review,
determines
the
license
should
be
reinstated.
6
5.
If
an
adjuster’s
license
is
suspended
beyond
the
7
adjuster’s
license
expiration
date,
whether
due
to
an
ordered
8
suspension
time
period
or
failure
to
apply
for
reinstatement
9
prior
to
expiration,
the
adjuster
must
apply
for
reissuance.
10
6.
A
submission
of
voluntary
forfeiture
of
a
license
11
shall
be
made
in
writing
to
the
commissioner.
Forfeiture
of
12
a
license
is
effective
on
the
date
of
submission
unless
a
13
contested
case
proceeding
is
pending
on
the
date
of
submission.
14
If
a
contested
case
proceeding
is
pending,
the
forfeiture
15
shall
become
effective
upon
conditions
as
ordered
by
the
16
commissioner.
A
forfeiture
made
during
the
pendency
of
a
17
contested
case
proceeding
shall
be
considered
a
disciplinary
18
action
and
shall
be
published
in
the
same
manner
as
is
19
applicable
to
any
other
form
of
disciplinary
order.
20
7.
The
commissioner
shall
not
be
prohibited
from
denying
an
21
application
for
reinstatement
or
reissuance,
or
from
bringing
22
an
additional
immediate
action,
if
an
adjuster
has
engaged
in
23
an
additional
violation
of
chapter
507B
or
522C,
or
otherwise
24
failed
to
meet
all
applicable
requirements.
25
8.
This
section
shall
not
apply
to
reinstatement
of
an
26
expired
license
or
issuance
of
a
new
license
that
is
not
in
27
connection
with
a
disciplinary
matter.
28
Sec.
51.
NEW
SECTION
.
522C.16
Suspension
for
failure
to
29
pay
child
support
or
state
debt.
30
1.
The
commissioner
shall
deny
an
adjuster’s
application
31
for
license
issuance,
renewal,
reinstatement,
or
reissuance;
32
suspend
a
current
license;
or
revoke
a
currently
suspended
33
license,
upon
receipt
of
a
certificate
of
noncompliance
from
34
the
child
support
recovery
unit
pursuant
to
chapter
252J,
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or
upon
receipt
of
a
certificate
of
noncompliance
from
the
1
centralized
collection
unit
of
the
department
of
revenue
2
pursuant
to
chapter
272D.
3
2.
Upon
receipt
of
a
certificate
of
noncompliance
under
4
subsection
1,
the
commissioner
shall
issue
a
notice
to
the
5
adjuster
that
the
division
will,
unless
the
certificate
of
6
noncompliance
is
withdrawn,
deny
the
adjuster’s
application
7
for
license
issuance,
renewal,
reinstatement,
or
reissuance,
8
suspend
the
adjuster’s
current
license,
or
revoke
the
9
adjuster’s
currently
suspended
license,
thirty
calendar
days
10
after
the
date
the
notice
is
mailed.
Notice
shall
be
sent
11
to
the
adjuster’s
last
known
address
by
restricted
certified
12
mail,
return
receipt
requested,
or
in
accordance
with
the
13
division’s
rules
for
service.
The
notice
shall
contain
all
of
14
the
following:
15
a.
A
statement
that
the
commissioner
intends
to
deny
16
the
adjuster’s
application
for
license
issuance,
renewal,
17
reinstatement,
or
reissuance;
suspend
the
adjuster’s
current
18
license;
or
revoke
the
adjuster’s
currently
suspended
license
19
in
thirty
calendar
days
unless
the
certificate
of
noncompliance
20
is
withdrawn.
21
b.
A
statement
that
the
adjuster
must
contact
the
agency
22
that
issued
the
certificate
of
noncompliance
to
request
a
23
withdrawal.
24
c.
A
statement
that
the
adjuster
does
not
have
a
right
to
25
a
hearing
before
the
division,
but
that
the
adjuster
may
file
26
an
application
for
a
hearing
in
district
court
pursuant
to
27
section
252J.9
or
272D.9,
as
applicable,
and
that
the
filing
28
of
an
application
by
the
adjuster
will
stay
the
proceedings
of
29
the
division.
30
d.
A
copy
of
the
certificate
of
noncompliance.
31
3.
An
adjuster
shall
keep
the
commissioner
informed
of
all
32
actions
taken
by
the
district
court
or
the
issuing
agency
in
33
connection
with
a
certificate
of
noncompliance.
Within
seven
34
calendar
days
of
filing
or
issuance,
an
adjuster
shall
provide
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to
the
commissioner
a
copy
of
all
applications
filed
with
the
1
district
court
pursuant
to
an
application
or
hearing,
all
2
court
orders
entered
in
such
action,
and
all
withdrawals
of
a
3
certificate
of
noncompliance.
4
4.
If
an
applicant
or
licensed
adjuster
timely
files
an
5
application
for
hearing
in
district
court
and
the
division
6
is
notified
of
the
filing,
the
commissioner’s
denial,
7
suspension,
or
revocation
proceedings
shall
be
stayed
until
8
the
division
is
notified
by
the
district
court,
the
issuing
9
agency,
the
licensee,
or
the
applicant
of
the
resolution
of
10
the
application.
Upon
receipt
of
a
court
order
lifting
the
11
stay
or
otherwise
directing
the
commissioner
to
proceed,
the
12
commissioner
shall
continue
with
the
intended
action
described
13
in
the
notice.
14
5.
If
the
commissioner
does
not
receive
a
withdrawal
of
15
the
certificate
of
noncompliance
from
the
issuing
agency,
or
a
16
notice
from
a
clerk
of
court,
the
issuing
agency,
the
licensee,
17
or
the
applicant
that
an
application
for
hearing
has
been
filed
18
within
thirty
calendar
days
after
the
notice
is
issued,
the
19
commissioner
shall
deny
the
adjuster’s
application
for
license
20
issuance,
renewal,
reinstatement,
or
reissuance;
suspend
a
21
current
license;
or
revoke
a
currently
suspended
license.
22
6.
Upon
receipt
of
a
withdrawal
of
a
certificate
of
23
noncompliance
from
the
issuing
agency,
suspension
or
revocation
24
proceedings
shall
halt
and
the
named
adjuster
shall
be
notified
25
that
the
proceedings
have
halted.
If
the
adjuster’s
license
26
has
already
been
suspended,
the
adjuster
must
apply
for
27
reinstatement
in
accordance
with
section
522C.15,
and
the
28
license
shall
be
reinstated
if
the
adjuster
is
otherwise
in
29
compliance
with
this
chapter.
If
the
adjuster’s
application
30
for
licensure
was
stayed,
application
processing
shall
resume.
31
All
fees
required
for
license
renewal,
reinstatement,
or
32
reissuance
must
be
paid
by
the
adjuster,
and
all
continuing
33
education
requirements
shall
be
satisfied,
before
the
34
adjuster’s
license
is
renewed
or
reinstated
after
a
license
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suspension
or
revocation
under
this
chapter.
1
7.
The
commissioner
shall
notify
an
adjuster
in
writing
2
through
regular
first
class
mail,
or
such
other
means
as
the
3
commissioner
deems
appropriate
under
the
circumstances,
within
4
ten
calendar
days
of
the
effective
date
of
the
suspension
or
5
revocation
of
the
adjuster’s
license,
and
shall
also
notify
the
6
adjuster
when
the
adjuster’s
license
is
reinstated
following
7
the
commissioner’s
receipt
of
a
withdrawal
of
the
certificate
8
of
noncompliance.
9
8.
Notwithstanding
any
provision
of
law
to
the
contrary,
the
10
division
may
share
information
with
the
child
support
recovery
11
unit
or
the
centralized
collection
unit
of
the
department
of
12
revenue
for
the
sole
purpose
of
identifying
adjusters
subject
13
to
enforcement
under
chapter
252J
or
272D.
14
Sec.
52.
NEW
SECTION
.
522C.17
Severability.
15
If
any
provision
of
this
chapter
or
the
application
thereof
16
to
any
person
or
circumstance
is
held
invalid,
the
invalidity
17
does
not
affect
other
provisions
or
applications
of
this
18
chapter
which
can
be
given
effect
without
the
invalid
provision
19
or
application,
and
to
this
end
the
provisions
of
this
chapter
20
are
severable.
21
DIVISION
VI
22
LICENSING
AND
REGULATION
OF
APPRAISERS
AND
UMPIRES
23
Sec.
53.
Section
522B.5A,
subsection
2,
paragraph
c,
Code
24
2025,
is
amended
to
read
as
follows:
25
c.
A
renewal,
reinstatement,
or
reissuance
of
a
license
26
if
the
license
of
a
producer
has
been
revoked
or
suspended
27
pursuant
to
section
522B.11
,
the
license
of
a
public
adjuster
28
has
been
revoked
or
suspended
pursuant
to
section
522C.6
29
522C.13
,
or
the
license
of
a
viatical
settlement
provider
30
or
viatical
settlement
broker
has
been
revoked
or
suspended
31
pursuant
to
section
508E.4
,
or
the
license
of
an
appraiser
or
32
an
umpire
has
been
revoked
or
suspended
pursuant
to
section
33
522F.20
.
34
Sec.
54.
Section
522B.5A,
subsection
2,
Code
2025,
is
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amended
by
adding
the
following
new
paragraphs:
1
NEW
PARAGRAPH
.
f.
An
initial
license
as
an
appraiser
in
2
this
state.
3
NEW
PARAGRAPH
.
g.
An
initial
license
as
an
umpire
in
this
4
state.
5
Sec.
55.
NEW
SECTION
.
522F.1
Definitions.
6
As
used
in
this
chapter,
unless
the
context
otherwise
7
requires:
8
1.
“Adjuster”
means
a
person
licensed
pursuant
to
chapter
9
522C.
10
2.
“Amount
of
loss”
means
the
monetary
amount
determined
to
11
be
necessary
to
properly
repair
or
replace
damage
related
to
a
12
covered
peril,
and
is
limited
to
all
applicable
coverages
for
13
covered
items
associated
with
the
claim.
14
3.
“Appraiser”
means
a
person
licensed
as
an
appraiser
15
pursuant
to
section
522F.4.
16
4.
“Appraiser
list”
means
a
list,
maintained
by
the
17
division,
of
all
appraisers
licensed
by
the
division.
18
5.
“Claimant”
means
a
person
who
makes
a
first-party
claim
19
under
a
policy
of
property
and
casualty
insurance.
20
6.
“Commissioner”
means
the
commissioner
of
insurance.
21
7.
“Disciplinary
matter”
means
an
individual
is
the
subject
22
of
an
investigation,
complaint,
pending
administrative
action,
23
or
other
such
action
in
any
state.
24
8.
“First-party
claim”
means
a
claim
filed
by
a
named
25
insured
under
an
insurance
policy
against
which
a
claim
is
26
made.
27
9.
“Good
cause”
means
a
legally
sufficient
reason
including
28
but
not
limited
to
any
of
the
following:
29
a.
A
conflict
of
interest.
30
b.
A
lack
of
independence
or
an
inability
to
competently
or
31
promptly
carry
out
the
duties
required
under
this
chapter.
32
c.
Any
other
reason
that
would
reasonably
be
expected
to
33
impair
an
appraisal.
34
10.
“Immediate
family”
means
an
individual’s
parent,
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sibling,
child,
grandchild,
spouse,
spouses
of
the
individual’s
1
children,
or
parents
of
the
individual’s
spouse.
2
11.
“Insured”
means
a
person
covered
under
an
insurance
3
policy
against
which
a
claim
is
made.
4
12.
“Insurer”
means
a
person
engaged
in
the
business
of
5
insurance
and
regulated
under
chapter
507A,
508,
512B,
515,
or
6
520.
7
13.
“NIPR
gateway”
means
the
communication
network
developed
8
and
operated
by
the
national
insurance
producer
registry
that
9
links
state
insurance
regulators
with
regulated
entities
to
10
facilitate
the
electronic
exchange
of
adjuster
information,
11
including
but
not
limited
to
license
applications,
license
12
renewals,
appointments,
and
terminations.
13
14.
“Party”
means
an
insurer
or
a
claimant,
including
an
14
employee,
contractor,
and
other
representative
of
an
insurer
15
or
claimant.
16
15.
“Person”
means
an
individual
or
a
business
entity.
17
16.
“Reinstatement”
means
the
reinstatement
of
a
suspended
18
license
which
was
suspended
in
connection
with
a
disciplinary
19
matter,
and
that
has
not
expired
or
been
terminated
during
the
20
suspension
period.
21
17.
“Reissuance”
means
the
issuance
of
a
new
license
22
following
the
revocation
of
a
license,
the
suspension
and
23
subsequent
termination
of
a
license,
or
the
forfeiture
of
a
24
license
in
connection
with
a
disciplinary
matter.
25
18.
“Umpire”
means
a
person
licensed
as
an
umpire
pursuant
26
to
section
522F.9.
27
19.
“Umpire
list”
means
a
list,
maintained
by
the
division,
28
of
all
umpires
licensed
by
the
division.
29
Sec.
56.
NEW
SECTION
.
522F.2
Rules.
30
The
commissioner
may
adopt
rules
pursuant
to
chapter
17A
to
31
administer
this
chapter.
32
Sec.
57.
NEW
SECTION
.
522F.3
Appraiser’s
license
——
33
eligibility.
34
1.
A
person
shall
not
act
as,
or
represent
that
the
person
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is,
an
appraiser
in
this
state
unless
the
person
is
licensed
1
under
this
chapter.
A
person
that
acts
as
an
appraiser
in
this
2
state
solely
for
a
crop
hail
or
multiperil
crop
insurance
claim
3
shall
not
be
subject
to
this
chapter.
4
2.
A
person
applying
for
an
appraiser
license
shall
submit
5
an
application
on
a
uniform
individual
application
or
a
uniform
6
business
entity
application
in
the
form
and
manner
prescribed
7
by
the
commissioner.
8
3.
To
be
eligible
for
licensure
under
this
chapter,
a
person
9
shall
meet
all
of
the
following
criteria:
10
a.
Have
experience
or
training
in
building
construction,
11
repair,
or
estimating
property
damage.
12
b.
Unless
waived
by
the
commissioner
based
on
the
person’s
13
other
professional
qualifications,
have
a
minimum
of
three
14
years’
experience
as
any
of
the
following:
15
(1)
A
professional
engineer
licensed
under
chapter
542B
or
16
similarly
licensed
in
another
state.
17
(2)
An
architect
licensed
under
chapter
544A
or
similarly
18
licensed
in
another
state.
19
(3)
An
adjuster
licensed
under
chapter
522C
or
similarly
20
licensed
in
another
state.
21
(4)
A
residential
contractor
as
defined
in
section
103A.71.
22
(5)
A
contractor
registered
under
chapter
91C
or
similarly
23
registered
in
another
state.
24
c.
Pass
a
written
examination
as
prescribed
by
the
division.
25
The
examination
shall
test
the
knowledge
of
a
person
concerning
26
the
appraisal
process,
the
duties
and
responsibilities
of
an
27
appraiser,
and
the
insurance
laws
and
rules
of
this
state.
28
Examination
results
shall
be
valid
for
ninety
calendar
days
29
from
the
date
of
examination.
30
d.
Have
the
requisite
character
and
competence,
as
31
determined
by
the
division.
32
4.
To
determine
an
applicant’s
eligibility
for
licensure,
33
the
commissioner
may
require
a
criminal
history
check
pursuant
34
to
section
522B.5A.
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Sec.
58.
NEW
SECTION
.
522F.4
Appraisers
——
licensure,
1
license
renewal,
and
fees.
2
1.
A
person
who
meets
the
requirements
under
section
522F.3,
3
unless
otherwise
denied
licensure
pursuant
to
section
522F.20,
4
shall
be
issued
an
appraiser
license
that
is
valid
for
two
5
years
from
the
date
of
issue.
6
2.
Any
applicable
fee
for
a
criminal
history
check
pursuant
7
to
section
522B.5A.
8
3.
The
fee
for
an
initial
appraiser
license,
or
renewal
of
9
an
appraiser
license,
shall
be
fifty
dollars
for
a
two-year
10
license.
11
4.
The
fee
for
reinstatement
of
an
expired
appraiser
license
12
shall
be
one
hundred
dollars.
13
5.
The
fee
for
a
reinstatement
or
reissuance
of
an
appraiser
14
license
suspended
or
revoked
due
to
a
disciplinary
action
shall
15
be
one
hundred
dollars.
16
6.
An
appraiser’s
license
shall
contain
the
licensee’s
17
name,
business
address,
appraisal
license
number,
the
date
of
18
issuance,
the
expiration
date,
and
any
other
information
the
19
division
deems
necessary.
20
7.
An
appraiser
licensed
under
this
chapter
shall
be
21
required
to
complete
continuing
education
requirements,
as
22
prescribed
by
the
division,
to
be
eligible
for
license
renewal
23
or
reinstatement.
24
8.
An
appraiser
licensed
under
this
chapter
shall
inform
25
the
division,
in
the
manner
and
form
specified
by
the
division,
26
of
a
change
of
legal
name
or
business
address
within
thirty
27
calendar
days
of
the
change.
Failure
to
timely
inform
the
28
division
may
result
in
a
penalty
as
specified
in
section
29
522F.20.
30
9.
The
division
shall
publish
an
appraiser
list
on
the
31
division’s
internet
site
in
a
manner
readily
available
to
the
32
public.
The
appraiser
list
shall
include
all
of
the
following
33
information
for
each
licensed
appraiser:
34
a.
The
business
telephone
number,
business
mailing
address,
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business
email
address,
and
the
county
and
state
of
residence
1
of
the
appraiser
as
provided
to
the
division
by
the
appraiser
2
for
licensure.
3
b.
The
appraiser’s
area
of
training
or
expertise.
4
c.
The
date
of
the
appraiser’s
initial
licensure
and
the
5
date
the
license
expires.
6
10.
Prior
to
approving
a
business
entity’s
application
for
7
a
license
as
an
appraiser,
the
commissioner
shall
find
that
the
8
business
entity
has
designated
an
individual
appraiser
licensed
9
in
this
state
to
be
responsible
for
the
business
entity’s
10
compliance
with
the
insurance
laws
and
rules
of
this
state.
11
Sec.
59.
NEW
SECTION
.
522F.5
Appraiser
license
12
reinstatement
——
not
related
to
disciplinary
action.
13
1.
An
appraiser
may
apply
for
reinstatement
of
an
expired
14
license
up
to
one
year
after
the
license
expiration
date
15
by
submitting
a
request
through
the
NIPR
gateway,
paying
a
16
reinstatement
fee
and
a
license
renewal
fee,
and
submitting
17
evidence
to
the
division
that
the
appraiser
met
the
continuing
18
education
requirements
under
section
522F.4.
An
appraiser
who
19
fails
to
apply
for
license
reinstatement
within
one
year
of
the
20
date
of
expiration
of
the
appraiser’s
license
must
apply
for
21
a
new
license.
22
2.
An
appraiser
who
surrendered
a
license,
not
in
connection
23
with
a
disciplinary
matter,
and
stated
an
intent
to
exit
the
24
appraiser
business
may
file
a
request
with
the
division
to
25
reactivate
the
appraiser
license.
The
request
must
be
received
26
by
the
division
within
ninety
calendar
days
of
the
date
the
27
appraiser’s
license
was
placed
on
inactive
status.
The
request
28
shall
be
granted
if
the
former
appraiser
is
otherwise
eligible
29
to
receive
an
appraiser
license.
If
the
appraiser’s
request
to
30
reactivate
the
license
is
not
received
within
ninety
calendar
31
days
of
the
date
the
appraiser’s
license
was
placed
on
inactive
32
status,
the
appraiser
must
apply
for
a
new
license.
33
3.
An
appraiser
whose
license
is
suspended,
revoked,
34
or
forfeited
in
connection
with
a
disciplinary
matter,
or
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forfeited
in
lieu
of
compliance,
shall
not
be
eligible
for
1
reinstatement
under
this
section
and
must
follow
the
procedures
2
in
section
522F.22.
3
Sec.
60.
NEW
SECTION
.
522F.6
Appraisers
——
payment.
4
1.
Each
party
to
an
appraisal
shall
be
responsible
for
the
5
following:
6
a.
The
party’s
own
appraiser’s
fees
and
expenses.
7
b.
An
equal
share
of
all
reasonable
and
necessary
fees
and
8
expenses
incurred
by
an
umpire,
if
necessary.
9
c.
An
equal
share
of
all
reasonable
and
necessary
costs
10
incurred
in
the
course
of
conducting
the
appraisal.
11
2.
a.
An
appraiser
shall
not
charge
any
party
on
a
basis
12
dependent
on
the
outcome
of
the
written
itemized
award,
or
13
charge
in
a
manner
that
relies
on
a
barter
arrangement,
gift,
14
favor,
or
in-kind
exchange.
15
b.
Prior
to
the
conclusion
of
an
appraisal
process
via
16
final
settlement
or
issuance
of
a
written
itemized
award
by
17
an
umpire,
an
appraiser
shall
not
require,
demand,
or
accept
18
any
fee,
retainer,
compensation,
deposit,
or
other
type
19
of
consideration,
unless
the
loss
is
being
handled
by
the
20
appraiser
on
a
time-plus-expense
basis.
21
3.
An
appraiser
shall
not
charge,
and
is
not
entitled
to,
22
a
fee,
compensation,
deposit,
or
other
type
of
consideration
23
if
the
appraiser
abandons
the
appraisal
prior
to
the
umpire
24
issuing
a
written
itemized
award.
25
Sec.
61.
NEW
SECTION
.
522F.7
Appraisers
——
standards
of
26
conduct.
27
1.
An
appraiser
shall
act
with
due
diligence,
including
but
28
not
limited
to
demonstrating
accuracy,
fairness,
and
timeliness
29
throughout
an
appraisal
process.
30
2.
a.
(1)
No
later
than
five
business
days
after
being
31
hired
by
a
party
to
an
appraisal
and
before
beginning
work
as
32
an
appraiser,
an
appraiser
shall
disclose
to
all
parties
to
the
33
appraisal
any
potential
conflict
of
interest.
34
(2)
An
appraiser
shall
not
engage
in
any
act
or
practice
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that
is
a
conflict
of
interest
during
the
appraisal.
1
(3)
If
a
conflict
of
interest
arises
after
the
start
of
the
2
appraisal
process,
an
appraiser
shall
disclose
the
conflict
of
3
interest
to
the
parties
and
shall
withdraw
from
the
appraisal
4
process
no
more
than
five
business
days
after
the
conflict
of
5
interest
arose.
6
b.
A
conflict
of
interest
shall
include
but
is
not
limited
7
to
all
of
the
following:
8
(1)
An
appraiser
is
a
party
to
a
lawsuit
against
any
party
9
to
an
appraisal.
10
(2)
An
appraiser
is
a
party
to,
or
a
member
or
employee
11
of
a
law
firm
that
represents
a
party
to,
a
current
lawsuit
12
involving
an
insurer
that
is
a
party
to
the
appraisal.
13
(3)
An
appraiser
has
personally
investigated,
prosecuted,
14
or
advocated
in
connection
with
the
appraisal.
15
(4)
An
appraiser
has
acted
as
counsel
to
any
party
to
16
an
appraisal
within
the
two
years
immediately
preceding
the
17
appraisal.
18
(5)
An
appraiser
has
a
personal
financial
interest
in
the
19
outcome
of
the
appraisal
or
any
other
significant
interest
20
that
could
be
substantially
affected
by
the
outcome
of
the
21
appraisal.
22
(6)
A
member
of
an
appraiser’s
immediate
family
is
any
of
23
the
following:
24
(a)
A
party
to
the
appraisal,
or
an
officer,
director,
or
25
trustee
of
a
party.
26
(b)
A
current
employee
of
an
appraiser
or
an
adjuster
to
the
27
appraisal.
28
(c)
A
business
entity
licensed
as
an
adjuster
that
adjusted
29
the
loss
at
issue
in
the
appraisal.
30
(d)
Known
to
have
an
interest
that
could
be
substantially
31
affected
by
the
outcome
of
the
appraisal.
32
(e)
An
immediate
family
member
that
has
a
legally
sufficient
33
reason
that
requires
the
appraiser
to
withdraw
from
the
34
appraisal.
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3.
An
appraiser
shall
postpone
an
appraisal
for
a
reasonable
1
amount
of
time
if
any
party
demonstrates
reasonable
cause
for
2
a
postponement.
The
appraiser
shall
notify
all
parties
if
3
the
appraisal
process
is
postponed.
An
appraiser’s
failure
4
to
timely
notify
all
parties
may
result
in
a
penalty
under
5
sections
522F.20
and
522F.21.
6
4.
In
the
course
of
an
appraisal,
an
appraiser
shall
7
consider
all
information
provided
by
the
parties
and
any
8
other
reasonably
available
evidence
that
is
material
to
the
9
appraisal.
10
5.
In
the
course
of
an
appraisal,
an
appraiser
shall
11
carefully
decide
all
issues
submitted
for
determination
of
the
12
amount
of
loss
and
actual
cash
value.
13
6.
In
the
course
of
an
appraisal,
an
appraiser
shall
provide
14
all
parties
a
fair
and
reasonable
itemized
written
appraisal
15
detailing
the
amount
of
loss
and
actual
cash
value.
16
7.
In
the
course
of
an
appraisal,
an
appraiser
shall
ensure
17
the
appraiser’s
party
is
reasonably
informed
of
all
updates
18
throughout
the
appraisal
process.
19
8.
An
appraiser
shall
not
permit
outside
influence
to
affect
20
an
appraisal.
21
9.
An
appraiser
shall
not
allow
a
person
other
than
the
22
umpire
for
the
appraisal
to
determine
differences
between
the
23
actual
cash
value
and
the
amount
of
loss
of
each
item
on
the
24
appraisal.
25
10.
a.
An
appraiser
shall
not
communicate
directly
or
26
indirectly
with
any
of
the
following:
27
(1)
An
opposing
party
or
representative
of
the
opposing
28
party
other
than
the
opposing
party’s
appraiser.
29
(2)
The
umpire,
unless
reasonable
notice
and
opportunity
30
to
participate
in
the
communication
is
provided
to
an
opposing
31
appraiser.
32
b.
Notwithstanding
paragraph
“a”
,
an
appraiser
may
33
communicate
with
an
opposing
party
or
an
umpire
in
order
to
do
34
any
of
the
following:
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(1)
Identify
the
party’s
counsel
or
experts.
1
(2)
Discuss
logistical
matters,
including
the
time
and
2
place
of
a
meeting
or
to
make
arrangements
for
the
conduct
3
of
the
appraisal.
The
appraiser
initiating
contact
with
the
4
umpire
shall
promptly
inform
an
opposing
appraiser.
5
(3)
If
an
opposing
appraiser
fails
to
participate
in
a
6
meeting
or
conference
call
after
receiving
reasonable
notice
7
and
opportunity
to
participate,
or
if
all
parties
agree
8
in
writing
in
advance
of
a
meeting
or
conference
call,
an
9
appraiser
may
discuss
a
claim
with
the
umpire.
10
11.
An
appraiser
shall
not
act
as,
or
have
ever
acted
as,
an
11
adjuster
or
umpire
on
the
same
claim.
12
12.
An
appraiser
shall
not
withdraw
or
abandon
an
appraisal
13
unless
compelled
by
unforeseen
circumstances
that
would
render
14
it
impossible
or
impracticable
for
the
appraiser
to
continue.
15
Sec.
62.
NEW
SECTION
.
522F.8
Umpire
license
——
eligibility.
16
1.
An
individual
shall
not
act
as,
or
represent
that
the
17
individual
is,
an
umpire
in
this
state
unless
the
individual
18
is
licensed
under
this
chapter.
An
individual
that
acts
as
an
19
umpire
in
this
state
solely
for
a
crop
hail
or
multiperil
crop
20
insurance
claim
shall
not
be
subject
to
this
chapter.
21
2.
An
individual
applying
for
an
umpire
license
shall
submit
22
an
application
on
a
uniform
individual
application
in
the
form
23
and
manner
prescribed
by
the
commissioner.
24
3.
To
be
eligible
for
licensure
under
this
chapter,
an
25
individual
shall
meet
all
of
the
following
criteria:
26
a.
Unless
waived
by
the
commissioner
based
on
the
27
individual’s
other
professional
qualifications,
have
a
minimum
28
of
three
years’
experience
as
any
of
the
following:
29
(1)
A
professional
engineer
licensed
under
chapter
542B
or
30
similarly
licensed
in
another
state.
31
(2)
An
architect
licensed
under
chapter
544A
or
similarly
32
licensed
in
another
state.
33
(3)
An
adjuster
licensed
under
chapter
522C
or
similarly
34
licensed
in
another
state.
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(4)
An
appraiser
licensed
under
this
chapter
or
similarly
1
licensed
in
another
state.
2
(5)
An
attorney
licensed
in
this
state,
or
another
state,
3
with
experience
in
first-party
property
damage
litigation.
4
(6)
An
insurance
regulator.
5
b.
Pass
a
written
examination
as
prescribed
by
the
6
division.
The
examination
shall
test
the
knowledge
of
the
7
individual
concerning
the
appraisal
process,
the
duties
and
8
responsibilities
of
an
umpire,
and
the
insurance
laws
and
rules
9
of
this
state.
Examination
results
shall
be
valid
for
ninety
10
calendar
days
from
the
date
of
examination.
11
c.
Have
the
requisite
character
and
competence,
as
12
determined
by
the
division.
13
4.
To
determine
an
applicant’s
eligibility
for
licensure,
14
the
commissioner
may
require
a
criminal
history
check
pursuant
15
to
section
522B.5A.
16
Sec.
63.
NEW
SECTION
.
522F.9
Umpires
——
licensure,
license
17
renewal,
and
fees.
18
1.
An
individual
who
meets
the
requirements
of
section
19
522F.8,
unless
otherwise
denied
licensure
pursuant
to
section
20
522F.20,
shall
be
issued
an
umpire
license
that
is
valid
for
21
two
years
from
the
date
of
issue.
22
2.
Any
applicable
fee
for
a
criminal
history
check
pursuant
23
to
section
522B.5A.
24
3.
The
fee
for
an
initial
umpire
license,
or
renewal
of
an
25
umpire
license,
shall
be
fifty
dollars
for
a
two-year
license.
26
4.
The
fee
for
reinstatement
of
an
expired
umpire
license
27
shall
be
one
hundred
dollars.
28
5.
The
fee
for
a
reinstatement
or
reissuance
of
an
umpire
29
license
suspended
or
revoked
due
to
a
disciplinary
action
shall
30
be
one
hundred
dollars.
31
6.
An
umpire’s
license
shall
contain
the
licensee’s
name,
32
business
address,
umpire
license
number,
the
date
of
issuance,
33
the
expiration
date,
and
any
other
information
the
division
34
deems
necessary.
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7.
An
umpire
licensed
under
this
chapter
shall
be
required
1
to
complete
continuing
education
requirements,
as
prescribed
2
by
the
division
to
be
eligible
for
license
renewal
or
3
reinstatement.
4
8.
An
umpire
licensed
under
this
chapter
shall
inform
the
5
division,
in
the
manner
and
form
specified
by
the
division,
6
of
a
change
of
legal
name
or
business
address
within
thirty
7
calendar
days
of
the
change.
Failure
to
timely
inform
the
8
division
may
result
in
a
penalty
as
specified
in
sections
9
522F.20
and
522F.21.
10
9.
The
division
shall
publish
an
umpire
list
on
the
11
division’s
internet
site
in
a
manner
that
is
readily
available
12
to
the
public.
The
umpire
list
shall
include
all
of
the
13
following
information
for
each
licensed
umpire:
14
a.
The
business
telephone
number,
business
mailing
address,
15
business
email
address,
and
the
county
and
state
of
residence
16
of
the
umpire
as
provided
to
the
division
by
the
umpire
for
17
licensure.
18
b.
The
umpire’s
area
of
training
and
expertise.
19
c.
The
date
of
the
umpire’s
initial
licensure
and
the
date
20
the
license
expires.
21
Sec.
64.
NEW
SECTION
.
522F.10
Umpire
license
reinstatement
22
——
not
related
to
disciplinary
action.
23
1.
An
umpire
may
apply
for
reinstatement
of
an
expired
24
license
up
to
one
year
after
the
license
expiration
date
25
by
submitting
a
request
through
the
NIPR
gateway,
paying
a
26
reinstatement
fee,
and
submitting
evidence
to
the
division
that
27
the
umpire
met
the
continuing
education
requirements
under
28
section
522F.9.
An
umpire
who
fails
to
apply
for
license
29
reinstatement
within
one
year
of
the
date
of
expiration
of
the
30
umpire’s
license
must
apply
for
a
new
license.
31
2.
An
umpire
who
surrendered
a
license,
not
in
connection
32
with
a
disciplinary
matter,
and
stated
an
intent
to
exit
the
33
umpire
business,
may
file
a
request
with
the
division
to
34
reactivate
the
umpire
license.
The
request
must
be
received
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by
the
division
within
ninety
calendar
days
of
the
date
the
1
umpire’s
license
was
placed
on
inactive
status.
The
request
2
shall
be
granted
if
the
former
umpire
is
otherwise
eligible
3
to
receive
an
umpire
license.
If
the
umpire’s
request
to
4
reactivate
the
umpire’s
license
is
not
received
within
ninety
5
calendar
days
of
the
date
the
license
was
placed
on
inactive
6
status,
the
umpire
must
apply
for
a
new
license.
7
3.
An
umpire
whose
license
is
suspended,
revoked,
or
8
forfeited
in
connection
with
a
disciplinary
matter,
or
9
forfeited
in
lieu
of
compliance,
shall
not
be
eligible
for
10
reinstatement
under
this
section
and
must
follow
the
procedures
11
in
section
522F.22.
12
Sec.
65.
NEW
SECTION
.
522F.11
Umpires
——
payment.
13
1.
In
addition
to
the
costs
each
party
is
responsible
14
for
under
section
522F.6,
each
party
to
an
appraisal
that
15
requires
an
umpire
shall
be
responsible
for
an
equal
share
of
16
all
reasonable
and
necessary
fees
and
expenses
incurred
by
the
17
umpire.
18
2.
If
the
parties
settle
before
the
appraisers
direct
the
19
umpire
to
begin
work,
the
umpire
shall
not
charge
a
fee.
20
3.
An
umpire
shall
not
charge
any
party
on
a
basis
dependent
21
on
the
outcome
of
the
written
itemized
award,
or
charge
in
a
22
manner
that
relies
on
a
barter
arrangement,
gift,
favor,
or
23
in-kind
exchange.
24
4.
Prior
to
the
conclusion
of
an
appraisal
process
via
25
final
settlement,
or
issuance
of
a
written
itemized
award
by
26
an
umpire,
an
umpire
shall
not
require,
demand,
or
accept
27
any
fee,
retainer,
compensation,
deposit,
or
other
type
of
28
consideration,
unless
the
loss
is
being
handled
by
the
umpire
29
on
a
time-plus-expense
basis.
30
5.
An
umpire
shall
not
charge,
and
is
not
entitled
to,
a
31
fee,
compensation,
deposit,
or
other
type
of
consideration
if
32
the
umpire
abandons
the
appraisal
prior
to
the
umpire
issuing
a
33
written
itemized
award.
34
Sec.
66.
NEW
SECTION
.
522F.12
Umpires
——
objections.
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A
party
or
appraiser
that
objects
for
good
cause
to
a
1
selected
umpire
within
the
time
limit
specified
in
section
2
522F.14,
subsection
3,
paragraph
“b”
,
shall
send
the
objection
3
to
all
parties
involved
in
the
appraisal
and,
if
applicable,
to
4
the
judge
who
appointed
the
umpire
from
the
umpire
list
under
5
section
522F.14,
subsection
3,
paragraph
“d”
.
A
copy
of
the
6
objection
shall
be
sent
to
the
division
electronically
in
the
7
form
and
manner
prescribed
by
the
commissioner.
The
objection
8
shall
include
all
of
the
following
information:
9
1.
The
names
of
all
parties
involved
in
the
dispute.
10
2.
The
name
of
the
person
submitting
the
objection.
11
3.
The
insurer’s
claim
number.
12
4.
The
name
of
the
umpire
that
the
party
or
appraiser
13
objects
to.
14
5.
An
explanation
of
the
good
cause
basis
for
the
objection.
15
Sec.
67.
NEW
SECTION
.
522F.13
Umpires
——
standards
of
16
conduct.
17
1.
An
umpire
shall
act
with
due
diligence,
including
but
18
not
limited
to
demonstrating
accuracy,
fairness,
and
timeliness
19
throughout
an
appraisal
process.
20
2.
a.
(1)
No
later
than
three
business
days
after
being
21
hired
by
the
parties
to
an
appraisal
and
before
beginning
work
22
as
an
umpire
to
the
appraisal,
an
umpire
shall
disclose
to
all
23
parties
to
the
appraisal
any
potential
conflict
of
interest.
24
If
a
conflict
of
interest
exists,
the
umpire
shall
withdraw
25
from
the
appraisal.
26
(2)
An
umpire
shall
not
engage
in
any
act
or
practice
that
27
is
a
conflict
of
interest
during
the
appraisal.
28
(3)
If
a
conflict
of
interest
arises
after
the
start
of
an
29
appraisal
process,
an
umpire
shall
disclose
the
conflict
of
30
interest
to
the
parties
and
shall
withdraw
from
the
appraisal
31
process.
32
b.
A
conflict
of
interest
shall
include
but
is
not
limited
33
to
the
following:
34
(1)
An
umpire
is
a
party
to
a
lawsuit
against
any
party
to
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an
appraisal.
1
(2)
An
umpire
is
a
party
to,
or
a
member
or
employee
of
2
a
law
firm
that
represents
a
party
to,
a
current
lawsuit
3
involving
an
insurer
that
is
party
to
the
appraisal.
4
(3)
An
umpire
has
a
personal
open
claim
involving
an
insurer
5
that
is
a
party
to
the
appraisal.
6
(4)
An
umpire
has
a
personal
bias
or
prejudice
against
a
7
party.
8
(5)
An
umpire
has
personally
investigated,
prosecuted,
or
9
advocated
in
connection
with
the
appraisal.
10
(6)
An
umpire
has
acted
as
counsel
to
any
party
to
an
11
appraisal
within
the
two
years
immediately
preceding
the
12
appraisal.
13
(7)
An
umpire
has
a
personal
financial
interest
in
the
14
outcome
of
the
appraisal
or
any
other
significant
interest
15
that
could
be
substantially
affected
by
the
outcome
of
the
16
appraisal.
17
(8)
A
member
of
an
umpire’s
immediate
family
is
any
of
the
18
following:
19
(a)
A
party
to
the
appraisal,
or
an
officer,
director,
or
20
trustee
of
a
party.
21
(b)
A
current
employee
of
an
appraiser
or
an
adjuster
to
the
22
appraisal.
23
(c)
A
business
entity
licensed
as
an
adjuster
that
adjusted
24
the
loss
at
issue
in
the
appraisal.
25
(d)
Known
to
have
an
interest
that
could
be
substantially
26
affected
by
the
outcome
of
the
appraisal.
27
(e)
An
immediate
family
member
that
has
a
legally
sufficient
28
reason
that
requires
the
umpire
to
withdraw
from
the
appraisal.
29
3.
Prior
to
beginning
work
as
an
umpire,
an
umpire
shall
30
enter
into
a
written
contract
with
all
parties
to
the
appraisal
31
that
requires
the
parties
and
the
umpire
to
comply
with
this
32
section,
and
provides
that
each
party
shall
pay
costs
as
33
required
under
section
522F.11.
34
4.
An
umpire
shall
not
begin
work
on
a
claim
until
the
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umpire
receives
each
appraiser’s
differences
in
actual
cash
1
value
and
amount
of
loss
of
each
item
of
the
claim,
and
written
2
approval
from
the
parties
for
the
umpire
to
begin
work.
3
5.
No
later
than
three
business
days
after
receiving
notice
4
of
selection
for
an
appraisal,
an
umpire
shall
send
notice
5
to
the
parties
and
the
appraisers
that
includes
all
of
the
6
following:
7
a.
A
statement
informing
each
party
if
the
umpire
is
insured
8
by
an
insurer.
9
b.
A
statement
informing
each
party
of
the
party’s
10
respective
right
to
object
to
the
umpire
under
section
522F.12.
11
6.
An
umpire
shall
address
only
issues
in
an
appraisal
that
12
the
appraisers
disagree
on.
13
7.
An
umpire
shall
review
all
information
submitted
by
the
14
appraisers
and
parties
related
to
the
dispute,
including
but
15
not
limited
to
the
itemized
appraisals
or
estimates,
supporting
16
documents,
photographs,
and
diagrams.
The
umpire
shall
review
17
the
differences
between
what
each
appraiser
submitted
and
seek
18
agreement
by
the
appraisers
regarding
the
disputed
issues.
19
8.
An
umpire
shall
allow
each
appraiser
to
a
claim
a
fair
20
opportunity
to
present
evidence
and
arguments
regarding
the
21
appraisal.
22
9.
An
umpire
shall
ask
questions,
or
request
documents
or
23
other
evidence,
as
the
umpire
deems
necessary
in
the
course
of
24
an
appraisal.
25
10.
An
umpire
may
accept
either
appraiser’s
scope,
26
quantity,
value,
or
cost
regarding
an
item
in
dispute,
or
27
develop
an
independent
decision
on
each
item
in
dispute.
28
11.
An
umpire
shall
decide
all
matters
in
an
appraisal
29
fairly,
and
shall
exercise
independent
judgment
and
integrity.
30
12.
An
umpire
shall
prepare
and
distribute
a
written
31
itemized
award
pursuant
to
section
522F.16.
32
13.
An
umpire
shall
not
visit
the
claimant’s
damaged
33
property
without
consent
from
all
appraisers.
34
14.
An
umpire
shall
not
withdraw
or
abandon
an
appraisal
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unless
compelled
by
unforeseen
circumstances
that
would
render
1
it
impossible
or
impracticable
for
the
umpire
to
continue
on
a
2
claim.
3
15.
An
umpire
shall
not
attend
or
participate
in
settlement
4
discussions
unless
requested
to
do
so
by
all
parties.
5
16.
An
umpire
shall
not
permit
outside
influences
to
affect
6
an
appraisal.
7
17.
An
umpire
shall
not
delegate
the
umpire’s
duty
to
decide
8
a
claim
to
any
other
person.
9
18.
Unless
reasonable
notice
and
opportunity
to
participate
10
in
a
communication
is
provided
to
an
opposing
party
and
the
11
opposing
party’s
appraiser,
an
umpire
shall
not
communicate,
12
directly
or
indirectly,
with
any
party
or
appraiser
regarding
a
13
pending
appraisal.
14
19.
Unless
reasonable
notice
and
opportunity
to
participate
15
in
a
communication
is
provided
to
all
parties,
an
umpire
shall
16
not
communicate,
directly
or
indirectly,
with
any
party,
a
17
representative
of
any
party,
or
any
other
person
with
a
direct
18
or
indirect
interest
in
the
claim,
regarding
an
issue
of
fact
19
or
law
in
the
appraisal.
20
20.
An
umpire
shall
not
act
as,
or
have
ever
acted
as,
an
21
adjuster
or
appraiser
on
the
same
claim.
22
Sec.
68.
NEW
SECTION
.
522F.14
Appraisal
process.
23
1.
This
section
provides
for
the
appraisal
process
if
all
24
of
the
following
apply:
25
a.
The
claimant’s
insurance
policy
is
delivered,
issued
for
26
delivery,
or
renewed
in
this
state.
27
b.
The
property
that
is
the
subject
of
the
claimant’s
28
claim
is
located
in
this
state,
or
the
dispute
is
subject
to
29
jurisdiction
in
this
state.
30
c.
A
claimant
gave
proper
notice
to
the
claimant’s
insurer
31
of
a
loss
claim,
and
the
claimant
and
insurer
dispute
the
32
actual
cash
value,
or
the
amount
of
loss
the
insurer
will
pay,
33
for
the
claimant’s
claim
under
the
claimant’s
policy.
The
34
claimant
and
the
insurer
must
both
provide
the
other
party
with
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a
scope
of
loss
of
a
covered
peril,
including
a
list
stating
1
separately
the
actual
cash
value
and
the
amount
of
claimed
loss
2
for
each
item.
3
d.
The
claimant
or
insurer
demands
in
writing
an
appraisal
4
pursuant
to
the
claimant’s
policy.
5
2.
Within
twenty
calendar
days
following
either
the
6
claimant’s
or
insurer’s
receipt
of
the
other
party’s
written
7
demand
for
an
appraisal,
the
claimant
and
the
insurer
8
shall
each
select
an
appraiser
from
the
appraiser
list.
9
Upon
selection,
the
appraiser
shall
attest
in
writing
to
10
the
selecting
party
that
the
appraiser
is
competent
and
11
disinterested
with
regards
to
the
appraisal
in
question.
12
3.
a.
Within
fifteen
calendar
days
of
the
selection
of
13
appraisers
pursuant
to
subsection
2,
both
appraisers
shall
14
agree
on
an
umpire
from
the
umpire
list.
15
b.
A
party
or
an
appraiser
may
object
to
the
agreed-upon
16
umpire
for
good
cause
pursuant
to
section
522F.12
no
later
17
than
five
business
days
after
the
umpire
has
been
selected.
A
18
replacement
umpire
from
the
umpire
list
shall
then
be
agreed
19
upon
by
both
appraisers.
20
c.
If
both
appraisers
fail
to
agree
on
an
umpire,
either
the
21
claimant
or
insurer
shall
immediately
provide
written
notice
22
to
the
division,
in
the
form
and
manner
prescribed
by
the
23
division,
and
the
division
shall
randomly
select
an
umpire
from
24
the
umpire
list
and
notify
the
parties.
25
d.
If
either
appraiser
requests
that
an
umpire
be
selected
26
by
a
judge
in
the
state
in
which
the
property
that
is
the
27
subject
of
the
claim
is
located,
a
judge
shall
give
deference
28
to
the
randomly
selected
umpire
from
the
umpire
list
by
the
29
division
unless
either
the
claimant
or
the
insurer
provides
30
good
cause
for
the
judge
to
make
an
alternative
selection
from
31
the
umpire
list.
32
4.
Within
forty-five
calendar
days
from
the
date
the
33
umpire
is
selected,
both
appraisers
shall
appraise
the
loss,
34
stating
separately
the
actual
cash
value
and
the
amount
of
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loss
for
each
item.
Each
appraiser
shall
submit
separately
1
the
appraiser’s
actual
cash
value
and
amount
of
loss
of
each
2
item,
along
with
any
supporting
information,
to
the
umpire.
3
Each
appraiser
shall
also
submit
written
authorization
for
the
4
umpire
to
commence
the
umpire’s
work.
5
5.
No
later
than
forty-five
calendar
days
after
receipt
of
6
the
actual
cash
value
and
amount
of
loss
under
subsection
4,
7
the
umpire
shall
prepare
and
provide
to
the
parties
and
each
8
appraiser
a
written
itemized
award
showing
the
actual
cash
9
value
and
amount
of
loss.
The
written
itemized
award
shall
10
include
but
is
not
limited
to
all
of
the
following:
11
a.
Contact
information
for
each
appraiser
and
the
umpire.
12
b.
The
insured’s
policy
number
and
the
insured’s
claim
13
number.
14
c.
The
date
of
the
insured’s
loss.
15
d.
The
type
of
covered
peril
that
caused
the
loss.
16
e.
The
date
the
umpire
commenced
work.
17
f.
The
legal
name
of
the
insurer.
18
g.
The
physical
address
of
the
property
on
which
the
insured
19
made
a
claim.
20
h.
The
date
of
the
umpire’s
written
itemized
award.
21
i.
(1)
A
description
and
itemization
of
the
final
written
22
itemized
award
by
coverage
type,
including
but
not
limited
to:
23
(a)
Coverage
A
——
dwelling.
24
(b)
Coverage
B
——
other
structures.
25
(c)
Coverage
C
——
personal
property.
26
(2)
The
description
and
itemization
by
coverage
type
shall
27
include
contested
items
that
have
been
resolved,
sublimits,
28
and
other
disputed
items.
Items,
including
but
not
limited
29
to
items
with
sublimits,
shall
be
separately
noted
to
avoid
30
ambiguity
in
the
final
written
itemized
award.
31
j.
The
signature
of
the
umpire
and
at
least
one
appraiser.
32
6.
Prior
to
the
umpire
issuing
the
written
itemized
award,
33
the
parties
may
agree
to
conclude
the
appraisal
process
when
34
the
parties
reach
a
final
settlement.
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Sec.
69.
NEW
SECTION
.
522F.15
Appraisal
clause.
1
All
property
insurance
policies
delivered,
issued
for
2
delivery,
continued,
or
renewed
in
this
state
on
or
after
3
January
1,
2026,
shall
contain
an
appraisal
clause
that
4
complies
with
this
chapter.
5
Sec.
70.
NEW
SECTION
.
522F.16
Appraisal
award.
6
1.
An
appraiser
and
umpire
shall
act
with
due
diligence
in
7
achieving
an
appraisal
award.
8
2.
A
insurer’s
payment
of
an
appraisal
award
to
an
insured
9
shall
be
subject
to
the
limits
of
coverage,
and
other
terms
10
and
conditions
of
the
insured’s
policy,
including
reductions
11
for
deductibles
and
prior
payments.
Unless
otherwise
agreed
12
upon
by
the
parties
in
writing,
an
appraisal
award
shall
be
13
binding
and
paid
by
the
insurer
within
sixty
calendar
days
of
14
the
written
itemized
award
being
submitted
to
the
insurer.
15
3.
An
insurer’s
motion
to
vacate
an
appraisal
award
for
good
16
cause
shall
be
filed
within
thirty
calendar
days
from
the
date
17
the
insurer
receives
the
written
itemized
award
in
the
court
18
of
record.
19
Sec.
71.
NEW
SECTION
.
522F.17
Reporting
of
actions.
20
1.
An
appraiser
or
umpire
shall
report
to
the
commissioner
21
any
administrative
action
taken
against
the
appraiser
or
umpire
22
in
another
jurisdiction
or
by
another
administrative
agency
in
23
this
state
within
thirty
calendar
days
of
the
final
disposition
24
of
the
matter.
This
report
shall
include
a
copy
of
the
order,
25
consent
to
the
order,
and
other
relevant
legal
documents.
26
2.
Within
thirty
calendar
days
of
the
initial
pretrial
27
hearing
date,
an
appraiser
or
umpire
shall
report
to
the
28
commissioner
any
criminal
prosecution
of
the
appraiser
or
29
umpire
taken
in
any
jurisdiction.
The
report
shall
include
a
30
copy
of
the
initial
complaint
filed,
the
order
resulting
from
31
the
hearing,
and
any
other
relevant
legal
documents.
32
3.
An
appraiser
or
umpire
who
willfully
fails
to
comply
with
33
this
section
is
subject
to
penalty
under
section
522F.20.
34
Sec.
72.
NEW
SECTION
.
522F.18
Records
——
appraisers
and
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umpires.
1
1.
An
appraiser
or
umpire
shall
have
a
continuing
duty
and
2
obligation
to
keep,
at
the
appraiser’s
or
umpire’s
place
of
3
business,
usual
and
customary
records
pertaining
to
appraisals
4
undertaken
by
the
appraiser
or
umpire.
All
such
records
5
shall
be
kept
available
for
inspection
by
the
commissioner
or
6
the
commissioner’s
agent
during
regular
business
hours.
The
7
commissioner
or
the
commissioner’s
agent
shall
not
be
entitled
8
to
inspect
any
records
prepared
in
anticipation
of
litigation
9
or
that
are
subject
to
any
privilege
recognized
in
chapter
622.
10
Such
records
shall
be
maintained
for
a
minimum
of
three
years
11
following
the
date
of
final
claim
resolution.
12
2.
An
appraiser
or
umpire
who
willfully
fails
to
comply
with
13
this
section
is
subject
to
penalty
under
section
522F.20.
14
Sec.
73.
NEW
SECTION
.
522F.19
Hearings
——
service
of
15
process,
attendance
of
witnesses,
and
production
of
documents.
16
1.
Whenever
the
commissioner
believes
that
a
person
has
17
been
engaged,
or
is
engaging,
in
a
violation
of
this
chapter
18
or
a
rule
adopted
or
an
order
issued
under
this
chapter,
and
19
that
a
proceeding
by
the
commissioner
would
be
in
the
public
20
interest,
the
commissioner
shall
issue
and
serve
upon
the
21
person
a
statement
of
the
charges
and
a
notice
of
a
hearing
on
22
the
charges
to
be
held
at
the
time
and
place
set
in
the
notice,
23
which
shall
not
be
less
than
ten
business
days
after
the
date
24
of
service
of
such
notice.
25
2.
At
the
time
and
place
of
such
hearing,
the
person
shall
26
have
an
opportunity
to
be
heard
and
to
show
cause
why
an
order
27
should
not
be
made
by
the
commissioner
requiring
the
person
to
28
cease
and
desist
from
the
violation
of
the
chapter,
rule,
or
29
order.
Upon
a
showing
of
good
cause,
the
commissioner
shall
30
permit
any
person,
by
counsel
or
in
person,
to
intervene,
31
appear,
and
be
heard
at
such
hearing.
32
3.
A
hearing
under
this
section
shall
not
be
required
to
33
observe
formal
rules
of
pleading
or
evidence.
34
4.
The
commissioner,
at
a
hearing
under
this
section,
may
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administer
oaths,
examine
and
cross-examine
witnesses,
receive
1
oral
and
documentary
evidence,
and
may
subpoena
witnesses,
2
compel
their
attendance,
and
require
the
production
of
books,
3
papers,
records,
correspondence,
or
other
documents
which
the
4
commissioner
deems
relevant.
The
commissioner
may,
and
upon
5
the
request
of
any
party
shall,
cause
to
be
made
a
stenographic
6
record
of
the
evidence
and
proceedings
of
a
hearing
under
this
7
section.
If
no
stenographic
record
is
made
and
if
a
judicial
8
review
is
sought,
the
commissioner
shall
prepare
a
statement
9
of
the
evidence
and
proceeding
for
use
on
review.
If
a
person
10
refuses
to
comply
with
a
subpoena
issued
under
this
section,
11
or
to
testify
to
a
matter
for
which
the
person
may
lawfully
be
12
interrogated,
the
district
court
of
Polk
county
or
the
district
13
court
of
the
county
where
the
person
resides,
on
application
of
14
the
commissioner,
may
issue
an
order
requiring
such
person
to
15
comply
with
such
subpoena
or
to
testify.
Failure
of
a
person
16
to
obey
such
order
of
the
court
may
be
punished
by
the
court
as
17
contempt.
18
5.
Statements
of
charges,
notices,
orders,
subpoenas,
and
19
other
processes
of
the
commissioner
under
this
chapter
may
be
20
served
by
anyone
authorized
by
the
commissioner,
either
in
the
21
manner
provided
by
law
for
service
of
process
in
civil
actions,
22
or
by
mailing
a
copy
by
restricted
certified
mail
to
the
person
23
affected
by
the
statement,
notice,
order,
subpoena,
or
other
24
process
at
the
person’s
residence
or
principal
office
or
place
25
of
business.
The
verified
return
by
the
person
serving
the
26
statement,
notice,
order,
subpoena,
or
other
process,
setting
27
forth
the
manner
of
such
service,
shall
be
proof
of
service,
28
and
the
return
receipt
for
the
statement,
notice,
order,
29
subpoena,
or
other
process,
mailed
by
restricted
certified
30
mail,
shall
be
proof
of
the
service.
31
Sec.
74.
NEW
SECTION
.
522F.20
License
denial,
nonrenewal,
32
or
revocation
——
penalties.
33
1.
The
division
may
place
on
probation,
suspend,
revoke,
or
34
refuse
to
issue
or
renew
an
appraiser’s
license
or
an
umpire’s
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license,
and
may
levy
a
civil
penalty
against
an
appraiser
or
1
umpire
as
provided
in
section
522F.21,
for
one
or
more
of
the
2
following
causes:
3
a.
The
appraiser
or
umpire
provided
incorrect,
misleading,
4
incomplete,
or
materially
untrue
information
in
a
license
5
application.
6
b.
The
appraiser
or
umpire
violated
an
insurance
law,
7
regulation,
subpoena,
or
order
of
the
commissioner
or
of
a
8
commissioner
of
another
state.
9
c.
The
appraiser
or
umpire
obtained
or
attempted
to
obtain
a
10
license
through
misrepresentation
or
fraud.
11
d.
The
appraiser
or
umpire
improperly
withheld,
12
misappropriated,
or
converted
money
or
property
received
from
13
an
insured
in
the
course
of
doing
business.
14
e.
The
appraiser
or
umpire
was
convicted
of
a
felony.
15
f.
The
appraiser
or
umpire
committed,
or
was
found
to
have
16
committed,
any
unfair
trade
practice
or
fraud.
17
g.
The
appraiser
or
umpire
used
fraudulent,
coercive,
18
or
dishonest
practices,
or
demonstrated
incompetence,
19
untrustworthiness,
or
financial
irresponsibility
in
the
conduct
20
of
business.
21
h.
The
appraiser
or
umpire
had
any
professional
license,
or
22
its
equivalent,
denied,
suspended,
or
revoked
in
this
state
or
23
any
other
state,
province,
district,
or
territory.
24
i.
The
appraiser
or
umpire
forged
another’s
name
to
any
25
document
related
to
an
appraisal.
26
j.
The
appraiser
or
umpire
improperly
used
notes
or
any
27
other
reference
material
to
complete
an
examination
for
an
28
appraisal
license
or
umpire
license.
29
k.
The
appraiser
knowingly
negotiated
as
an
appraiser
with
30
an
individual
who
is
not,
but
is
required
to
be,
licensed
as
an
31
appraiser
during
an
appraisal.
32
l.
The
umpire
knowingly
acted
as
an
umpire
during
the
33
conduct
of
an
appraisal
with
an
individual
who
is
not,
but
is
34
required
to
be,
licensed
as
an
appraiser
during
an
appraisal.
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m.
The
appraiser
or
umpire
failed
to
comply
with
an
1
administrative
or
court
order
related
to
repayment
of
loans
to
2
the
college
student
aid
commission.
3
n.
The
appraiser
or
umpire
failed
to
pay
state
income
tax
or
4
comply
with
any
administrative
or
court
order
directing
payment
5
of
state
income
tax.
6
o.
The
appraiser
or
umpire
failed
to
comply
with
an
7
administrative
or
court
order
imposing
a
child
support
8
obligation.
9
p.
The
appraiser
or
umpire
failed
or
refused
to
cooperate
10
in
an
investigation
conducted
by
the
commissioner
or
the
11
commissioner’s
designee.
12
q.
The
appraiser
or
umpire
used
an
appraiser
license
13
or
umpire
license
for
the
principal
purpose
of
procuring,
14
receiving,
or
forwarding
appraisals,
or
placing
or
affecting
15
such
appraisals,
directly
or
indirectly,
on
or
in
connection
16
with
the
property
of
the
licensee
or
the
property
of
a
17
relative,
employer,
or
employee
of
the
licensee,
or
upon
or
in
18
connection
with
property
for
which
the
licensee
or
a
relative,
19
employer,
or
employee
of
the
licensee
is
an
agent,
custodian,
20
vendor,
bailee,
trustee,
or
payee.
21
2.
If
the
commissioner
does
not
renew
a
license
or
denies
an
22
application
for
a
license,
the
commissioner
shall
notify
the
23
applicant,
appraiser,
or
umpire
in
writing
of
the
reason
for
24
the
nonrenewal
of
the
license
or
denial
of
the
application
for
25
a
license.
The
applicant,
appraiser,
or
umpire
may
request
a
26
hearing
on
the
nonrenewal
or
denial.
The
applicant,
appraiser,
27
or
umpire
shall
have
thirty
calendar
days
from
the
date
of
28
receipt
of
the
notice
to
file
a
written
request
for
a
hearing.
29
A
hearing
shall
be
conducted
according
to
section
522F.19.
30
3.
The
license
of
an
umpire,
an
appraiser,
or
an
appraiser
31
business
entity
may
be
suspended,
revoked,
placed
on
probation,
32
or
refused
if
the
commissioner
finds,
after
hearing,
that
an
33
umpire’s,
appraiser’s,
or
appraiser
business
entity’s
violation
34
was
known
or
should
have
been
known
by
a
partner,
officer,
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or
manager
of
the
business
entity
and
the
violation
was
not
1
reported
to
the
commissioner
and
corrective
action
was
not
2
taken.
3
4.
In
addition
to,
or
in
lieu
of,
denial,
probation,
4
suspension,
or
revocation
of
a
license
under
this
section,
an
5
appraiser
or
umpire,
after
hearing,
may
be
subject
to
a
civil
6
penalty
as
provided
in
section
522F.21.
7
5.
The
commissioner
may
enforce
this
chapter,
may
conduct
8
an
investigation
of
any
suspected
violation
of
this
chapter,
9
and
may
impose
any
penalty
or
remedy
authorized
by
this
chapter
10
against
any
person
who
is
under
investigation
for,
or
charged
11
with,
a
violation
of
this
chapter
even
if
the
person’s
license
12
has
been
surrendered
or
has
lapsed
by
operation
of
law.
13
6.
a.
All
complaint
files,
investigation
files,
14
investigation
reports,
and
other
investigative
information
15
in
the
possession
of
the
commissioner
or
the
commissioner’s
16
agents
that
relates
to
appraiser
or
umpire
discipline
shall
17
be
privileged
and
confidential,
and
shall
not
be
subject
18
to
discovery,
subpoena,
or
other
means
of
legal
compulsion
19
for
release
to
a
person
other
than
the
appraiser
or
umpire,
20
and
shall
not
be
admissible
in
evidence
in
a
judicial
or
21
administrative
proceeding
other
than
the
proceeding
involving
22
the
appraiser
or
umpire
discipline.
A
final
written
decision
23
of
the
commissioner
in
a
disciplinary
proceeding
shall
be
a
24
public
record.
25
b.
Investigative
information
in
the
possession
of
the
26
commissioner
or
the
commissioner’s
agent
that
relates
to
27
appraiser
or
umpire
discipline
may
be
disclosed
at
the
28
discretion
of
the
commissioner.
The
commissioner
may
29
share
documents,
materials,
or
other
information,
including
30
confidential
and
privileged
documents,
materials,
or
31
information
under
this
subsection
with
other
state,
federal,
32
and
international
regulatory
agencies,
with
NAIC
and
its
33
affiliates
or
subsidiaries,
and
with
state,
federal,
and
34
international
law
enforcement
authorities,
provided
that
the
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recipient
agrees
to
maintain
the
confidentiality
and
privileged
1
status
of
the
document,
material,
or
other
information.
2
c.
If
the
investigative
information
in
the
possession
of
the
3
commissioner
or
the
commissioner’s
agents
indicates
a
crime
has
4
been
committed,
the
information
shall
be
reported
to
the
proper
5
law
enforcement
agency.
6
7.
a.
Pursuant
to
section
17A.19,
subsection
6,
upon
an
7
appeal
by
the
appraiser
or
umpire,
the
commissioner
shall
8
transmit
the
entire
record
of
the
contested
case
to
the
9
reviewing
court.
10
b.
Notwithstanding
section
17A.19,
subsection
6,
if
a
11
waiver
of
privilege
has
been
involuntary
and
evidence
has
been
12
received
at
a
disciplinary
hearing,
the
court
shall
issue
13
an
order
to
withhold
the
identity
of
the
individual
whose
14
privilege
was
waived.
15
Sec.
75.
NEW
SECTION
.
522F.21
Civil
and
criminal
penalties.
16
1.
a.
Upon
a
determination
by
the
commissioner,
after
17
a
hearing
conducted
pursuant
to
chapter
17A,
that
a
person
18
violated
this
chapter,
the
commissioner
shall
reduce
the
19
findings
of
the
hearing
to
writing
and
deliver
a
copy
of
the
20
findings
to
the
person.
21
b.
Upon
a
determination
by
the
commissioner
that
a
person
22
has
engaged,
is
engaging,
or
is
about
to
engage
in
any
act
or
23
practice
constituting
a
violation
of
this
chapter
or
a
rule
24
adopted
or
order
issued
under
this
chapter,
the
commissioner
25
may
take
the
following
actions:
26
(1)
Issue
an
order
requiring
the
person
to
cease
and
desist
27
from
engaging
in
the
conduct
resulting
in
the
violation.
28
(2)
Assess
a
civil
penalty
against
the
person
of
not
more
29
than
one
thousand
dollars
for
each
violation
not
to
exceed
an
30
aggregate
of
ten
thousand
dollars.
31
(3)
If
the
person
knew
or
reasonably
should
have
known
the
32
person
was
in
violation
of
this
chapter,
assess
a
civil
penalty
33
of
not
more
than
five
thousand
dollars
for
each
violation
34
of
this
chapter
not
to
exceed
an
aggregate
penalty
of
fifty
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thousand
dollars
in
any
one
six-month
period.
1
(4)
(a)
Issue
a
summary
order,
including
a
brief
statement
2
of
findings
of
fact,
conclusions
of
law,
and
policy
reasons
for
3
the
decision,
and
directing
the
person
to
cease
and
desist
from
4
engaging
in
the
act
or
practice
or
to
take
affirmative
action
5
as
is
necessary
in
the
judgment
of
the
commissioner
to
comply
6
with
the
requirements
of
this
chapter.
7
(b)
A
person
may
contest
a
summary
order
by
filing,
8
within
thirty
calendar
days
from
the
date
of
the
issuance
of
9
the
summary
order,
a
written
request
for
a
contested
case
10
proceeding
and
hearing
as
provided
in
chapter
17A
and
in
11
accordance
with
rules
adopted
by
the
commissioner.
Section
12
17A.18A
shall
be
inapplicable
to
a
summary
order
issued
under
13
this
subsection.
If
a
hearing
is
not
requested
within
thirty
14
calendar
days
from
the
date
of
issuance
of
the
summary
order,
15
the
summary
order
shall
become
final
by
operation
of
law.
A
16
summary
order
shall
remain
effective
from
the
date
of
issuance
17
until
the
date
the
order
becomes
final
by
operation
of
law,
18
or
is
modified
or
overturned
by
a
presiding
officer
or
court
19
following
a
request
for
hearing.
20
(c)
A
person
violating
a
summary
order
issued
under
this
21
subsection
shall
be
deemed
in
contempt
of
the
summary
order.
22
The
commissioner
may
petition
the
district
court
to
enforce
the
23
order
as
certified
by
the
commissioner.
The
district
court
24
shall
find
the
person
in
contempt
of
the
order
if
the
court
25
finds,
after
conducting
a
hearing,
that
the
person
is
not
26
in
compliance
with
the
order.
The
court
may
assess
a
civil
27
penalty
against
the
person
and
may
issue
further
orders
as
the
28
court
deems
appropriate.
29
c.
In
addition
to
any
other
penalty
under
this
section,
30
if
the
commissioner
finds
that
a
violation
of
this
chapter
31
was
directed,
encouraged,
condoned,
ignored,
or
ratified
by
32
the
employer
of
the
appraiser
or
umpire,
the
commissioner
33
shall
assess
a
penalty
to
the
employer.
Penalties
under
this
34
paragraph
may
be
retained
by
the
commissioner
under
the
fund
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described
in
section
505.7,
subsection
9.
1
2.
a.
A
person
acting
as
an
appraiser
or
an
umpire
without
2
proper
licensure,
or
an
appraiser
or
an
umpire
who
willfully
3
violates
any
provision
of
this
chapter
or
an
order
issued
4
under
this
chapter,
is
guilty
of
a
class
“D”
felony.
If
the
5
violation
results
in
a
loss
of
more
than
ten
thousand
dollars,
6
the
appraiser
or
an
umpire
is
guilty
of
a
class
“C”
felony.
7
b.
The
commissioner
may
refer
such
evidence
as
is
available
8
concerning
a
violation
of
this
chapter,
or
of
any
rule
adopted
9
or
order
issued
under
this
chapter,
or
of
the
failure
of
a
10
person
to
comply
with
the
licensing
requirements
of
this
11
chapter,
to
the
attorney
general
or
the
proper
district
12
attorney
who
may
institute
the
appropriate
criminal
proceedings
13
under
this
chapter.
14
c.
This
chapter
shall
not
limit
the
power
of
the
state
to
15
punish
any
person
for
any
conduct
that
constitutes
a
crime
16
under
any
other
statute.
17
Sec.
76.
NEW
SECTION
.
522F.22
Reinstatement
or
reissuance
18
of
a
license
after
disciplinary
matters
——
forfeiture
in
lieu
of
19
compliance.
20
1.
a.
A
person
licensed
under
this
chapter
as
an
appraiser
21
or
umpire
whose
license
has
been
revoked
or
suspended
by
order,
22
or
who
forfeited
a
license
in
connection
with
a
disciplinary
23
matter,
may
apply
to
the
commissioner
for
reinstatement
24
or
reissuance
in
accordance
with
the
terms
of
the
order
25
of
revocation
or
suspension,
or
the
order
accepting
the
26
forfeiture,
and
submit
to
a
criminal
history
check
under
27
section
522B.5A.
28
b.
(1)
Proceedings
for
reinstatement
or
reissuance
29
shall
be
initiated
by
the
applicant
who
shall
file
with
the
30
commissioner
an
application
for
reinstatement
or
reissuance
31
after
disciplinary
action.
32
(2)
An
appraiser
shall
not
be
eligible
for
reinstatement
or
33
reissuance
until
the
appraiser
satisfies
the
requirements
under
34
section
522F.3
and
pays
any
required
fees.
An
appraiser
may
be
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required
to
submit
a
new
or
renewal
appraiser
application
under
1
section
522F.5.
2
(3)
An
umpire
shall
not
be
eligible
for
reinstatement
or
3
reissuance
until
the
umpire
satisfies
the
requirements
under
4
section
522F.8
and
pays
any
required
fees.
An
umpire
may
be
5
required
to
submit
a
new
or
renewal
umpire
application
under
6
section
522F.10.
7
c.
An
application
for
reinstatement
or
reissuance
shall
8
allege
facts
which,
if
established,
are
sufficient
to
enable
9
the
commissioner
to
determine
that
the
basis
of
revocation,
10
suspension,
or
forfeiture
of
the
applicant’s
license
no
longer
11
exists,
and
must
disclose
if
the
applicant
has
engaged
in
12
any
conduct
listed
as
a
cause
for
licensing
action
that
was
13
not
included
in
the
order
for
suspension,
revocation,
or
14
forfeiture.
15
d.
An
application
for
reinstatement
or
reissuance
shall
16
allege
facts
which,
if
established,
are
sufficient
to
enable
17
the
commissioner
to
determine
that
it
is
in
the
public
18
interest
for
the
application
to
be
granted.
The
commissioner
19
may
determine
that
it
is
not
in
the
public
interest
if
the
20
applicant
has
engaged
in
any
conduct
listed
as
a
cause
for
21
licensing
action
that
was
not
included
in
the
order
for
22
suspension,
revocation,
or
forfeiture,
or
if
the
applicant
does
23
not
have
the
character
and
fitness
to
be
a
licensed
appraiser
24
or
umpire
in
this
state.
25
e.
The
burden
of
proof
to
establish
facts
identified
in
26
paragraphs
“c”
and
“d”
shall
be
on
the
applicant.
27
f.
A
person
licensed
as
an
appraiser
or
an
umpire
may
28
request
reinstatement
of
a
suspended
license
prior
to
the
end
29
of
the
suspension
term.
30
g.
Unless
otherwise
provided
by
law,
if
an
order
of
31
revocation
or
suspension
did
not
establish
terms
upon
which
32
reinstatement
or
reissuance
may
occur,
or
if
the
license
33
was
forfeited,
an
initial
application
for
reinstatement
or
34
reissuance
shall
not
be
made
until
at
least
one
year
from
the
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date
of
the
order
of
the
suspension,
revocation,
or
acceptance
1
of
the
forfeiture
of
a
license.
2
2.
All
proceedings
upon
the
application
for
reinstatement
3
or
reissuance,
including
preliminary
and
ancillary
matters,
4
shall
be
held
in
accordance
with
chapter
17A.
The
application
5
shall
be
docketed
in
the
original
case
in
which
the
original
6
license
was
suspended,
revoked,
or
forfeited,
if
the
case
7
exists.
8
3.
An
order
of
reinstatement
or
reissuance
shall
be
based
9
on
a
written
decision
which
incorporates
findings
of
fact
10
and
conclusions
of
law.
An
order
granting
an
application
11
for
reinstatement
or
reissuance
may
impose
such
terms
and
12
conditions
as
the
commissioner
or
the
commissioner’s
designee
13
deems
appropriate,
which
may
include
one
or
more
penalties
14
provided
under
this
chapter.
The
order
shall
be
a
public
15
record
and
may
be
disseminated
in
compliance
with
chapter
22.
16
4.
If
an
appraiser’s
or
umpire’s
ordered
suspension
period
17
ends
prior
to
the
appraiser’s
or
umpire’s
license
expiration
18
date
and
the
appraiser
or
umpire
applies
for
reinstatement
19
prior
to
the
license
expiration
date
and
meets
all
applicable
20
requirements,
the
division
shall
reinstate
the
license
as
soon
21
as
practicable
but
no
earlier
than
the
end
of
the
suspension
22
period
if
the
division,
after
a
complete
review,
determines
the
23
license
should
be
reinstated.
24
5.
If
an
appraiser’s
or
umpire’s
license
is
suspended
beyond
25
the
appraiser’s
or
umpire’s
license
expiration
date,
whether
26
due
to
an
ordered
suspension
time
period
or
failure
to
apply
27
for
reinstatement
prior
to
expiration,
the
appraiser
or
umpire
28
must
apply
for
reissuance.
29
6.
A
submission
of
voluntary
forfeiture
of
a
license
30
shall
be
made
in
writing
to
the
commissioner.
Forfeiture
of
31
a
license
is
effective
upon
the
date
of
submission
unless
a
32
contested
case
proceeding
is
pending
on
the
date
of
submission.
33
If
a
contested
case
proceeding
is
pending,
the
forfeiture
shall
34
become
effective
upon
conditions
as
required
by
order
of
the
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commissioner.
A
forfeiture
made
during
the
pendency
of
a
1
contested
case
proceeding
shall
be
considered
a
disciplinary
2
action
and
shall
be
published
in
the
same
manner
as
is
3
applicable
to
any
other
form
of
disciplinary
order.
4
7.
The
commissioner
shall
not
be
prohibited
from
denying
5
an
application
for
reinstatement
or
reissuance,
or
bringing
6
an
additional
immediate
action,
if
an
appraiser
or
umpire
7
has
engaged
in
an
additional
violation
of
chapter
507B
or
8
this
chapter
or
otherwise
failed
to
meet
all
applicable
9
requirements.
10
8.
This
section
shall
not
apply
to
reinstatement
of
an
11
expired
license
or
issuance
of
a
new
license
that
is
not
in
12
connection
with
a
disciplinary
matter.
13
Sec.
77.
NEW
SECTION
.
522F.23
Suspension
for
failure
to
14
pay
child
support
or
state
debt.
15
1.
The
commissioner
shall
deny
an
appraiser’s
or
umpire’s
16
application
for
license
issuance,
renewal,
reinstatement,
17
or
reissuance;
suspend
a
current
license;
or
revoke
a
18
currently
suspended
license
upon
receipt
of
a
certificate
of
19
noncompliance
from
the
child
support
recovery
unit
pursuant
to
20
chapter
252J,
or
upon
receipt
of
a
certificate
of
noncompliance
21
from
the
centralized
collection
unit
of
the
department
of
22
revenue
pursuant
to
chapter
272D.
23
2.
Upon
receipt
of
a
certificate
of
noncompliance
24
under
subsection
1,
the
commissioner
shall
issue
a
notice
25
to
the
appraiser
or
umpire
that
the
division
will,
unless
26
the
certificate
of
noncompliance
is
withdrawn,
deny
the
27
appraiser’s
or
umpire’s
application
for
license
issuance,
28
renewal,
reinstatement,
or
reissuance,
suspend
the
appraiser’s
29
or
umpire’s
current
license,
or
revoke
the
appraiser’s
or
30
umpire’s
currently
suspended
license,
thirty
calendar
days
31
after
the
date
the
notice
is
mailed.
Notice
shall
be
sent
to
32
the
appraiser’s
or
umpire’s
last
known
address
by
restricted
33
certified
mail,
return
receipt
requested,
or
in
accordance
with
34
the
division’s
rules
for
service.
The
notice
shall
contain
all
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of
the
following:
1
a.
A
statement
that
the
commissioner
intends
to
deny
the
2
appraiser’s
or
umpire’s
application
for
license
issuance,
3
renewal,
reinstatement,
or
reissuance;
suspend
the
appraiser’s
4
or
umpire’s
current
license;
or
revoke
the
appraiser’s
or
5
umpire’s
currently
suspended
license
in
thirty
calendar
days
6
unless
the
certificate
of
noncompliance
is
withdrawn.
7
b.
A
statement
that
the
appraiser
or
umpire
must
contact
the
8
agency
that
issued
the
certificate
of
noncompliance
to
request
9
a
withdrawal.
10
c.
A
statement
that
the
appraiser
or
umpire
does
not
have
a
11
right
to
a
hearing
before
the
division,
but
that
the
appraiser
12
or
umpire
may
file
an
application
for
a
hearing
in
district
13
court
pursuant
to
section
252J.9
or
272D.9,
as
applicable,
and
14
that
the
filing
of
an
application
by
the
appraiser
or
umpire
15
will
stay
the
proceedings
of
the
division.
16
d.
A
copy
of
the
certificate
of
noncompliance.
17
3.
An
appraiser
or
umpire
shall
keep
the
commissioner
18
informed
of
all
actions
taken
by
the
district
court
or
19
the
issuing
agency
in
connection
with
a
certificate
of
20
noncompliance.
An
appraiser
or
umpire
shall
provide
to
21
the
commissioner,
within
seven
calendar
days
of
filing
or
22
issuance,
a
copy
of
all
applications
filed
with
the
district
23
court
pursuant
to
an
application
or
hearing,
all
court
orders
24
entered
in
such
action,
and
all
withdrawals
of
a
certificate
25
of
noncompliance.
26
4.
If
an
applicant,
appraiser,
or
umpire
timely
files
an
27
application
for
hearing
in
district
court
and
the
division
28
is
notified
of
the
filing,
the
commissioner’s
denial,
29
suspension,
or
revocation
proceedings
shall
be
stayed
until
30
the
division
is
notified
by
the
district
court,
the
issuing
31
agency,
the
licensee,
or
the
applicant
of
the
resolution
of
32
the
application.
Upon
receipt
of
a
court
order
lifting
the
33
stay
or
otherwise
directing
the
commissioner
to
proceed,
the
34
commissioner
shall
continue
with
the
intended
action
described
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in
the
notice.
1
5.
If
the
commissioner
does
not
receive
a
withdrawal
of
2
the
certificate
of
noncompliance
from
the
issuing
agency,
3
or
a
notice
from
a
clerk
of
court,
the
issuing
agency,
the
4
appraiser,
the
umpire,
or
the
applicant
that
an
application
for
5
hearing
has
been
filed
within
thirty
calendar
days
after
the
6
notice
is
issued,
the
commissioner
shall
deny
the
applicant’s,
7
appraiser’s,
or
umpire’s
application
for
license
issuance,
8
renewal,
reinstatement,
or
reissuance;
suspend
a
current
9
license;
or
revoke
a
currently
suspended
license.
10
6.
Upon
receipt
of
a
withdrawal
of
a
certificate
of
11
noncompliance
from
the
issuing
agency,
suspension
or
revocation
12
proceedings
shall
halt
and
the
named
appraiser
or
umpire
13
shall
be
notified
that
the
proceedings
have
halted.
If
the
14
appraiser’s
or
umpire’s
license
has
already
been
suspended,
the
15
appraiser
or
umpire
must
apply
for
reinstatement
in
accordance
16
with
section
522F.22,
and
the
license
shall
be
reinstated
17
if
the
appraiser
or
umpire
is
otherwise
in
compliance
with
18
this
chapter.
If
the
appraiser’s
or
umpire’s
application
for
19
licensure
was
stayed,
application
processing
shall
resume.
20
All
fees
required
for
license
renewal,
reinstatement,
or
21
reissuance
must
be
paid
by
an
appraiser
or
umpire,
and
all
22
continuing
education
requirements
shall
be
satisfied,
before
23
the
appraiser’s
or
umpire’s
license
is
renewed
or
reinstated
24
after
a
license
suspension
or
revocation
under
this
chapter.
25
7.
The
commissioner
shall
notify
an
appraiser
or
umpire
26
in
writing
through
regular
first
class
mail,
or
such
other
27
means
as
the
commissioner
deems
appropriate
under
the
28
circumstances,
within
ten
calendar
days
of
the
effective
date
29
of
the
suspension
or
revocation
of
the
appraiser’s
or
umpire’s
30
license,
and
shall
also
notify
the
appraiser
or
umpire
when
the
31
appraiser’s
or
umpire’s
license
is
reinstated
following
the
32
commissioner’s
receipt
of
a
withdrawal
of
the
certificate
of
33
noncompliance.
34
8.
Notwithstanding
any
provision
of
law
to
the
contrary,
the
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division
may
share
information
with
the
child
support
recovery
1
unit
or
the
centralized
collection
unit
of
the
department
of
2
revenue
for
the
sole
purpose
of
identifying
appraisers
or
3
umpires
subject
to
enforcement
under
chapter
252J
or
272D.
4
Sec.
78.
NEW
SECTION
.
522F.24
Severability.
5
If
any
provision
of
this
chapter
or
the
application
thereof
6
to
any
person
or
circumstance
is
held
invalid,
the
invalidity
7
does
not
affect
other
provisions
or
applications
of
this
8
chapter
which
can
be
given
effect
without
the
invalid
provision
9
or
application,
and
to
this
end
the
provisions
of
this
chapter
10
are
severable.
11
Sec.
79.
CODE
EDITOR
DIRECTIVE.
The
Code
editor
shall
12
divide
chapter
522F
into
subchapters
and
shall
designate
13
sections
522F.1
through
522F.2,
as
enacted
in
this
division
14
of
this
Act,
as
subchapter
I
entitled
“General
Provisions”,
15
sections
522F.3
through
522F.7,
as
enacted
in
this
division
16
of
this
Act,
as
subchapter
II
entitled
“Appraisers”,
sections
17
522F.8
through
522F.13,
as
enacted
in
this
division
of
this
18
Act,
as
subchapter
III
entitled
“Umpires”,
sections
522F.14
19
through
522F.16,
as
enacted
in
this
division
of
this
Act,
as
20
subchapter
IV
entitled
“Appraisals”,
sections
522F.17
through
21
522F.18,
as
enacted
in
this
division
of
this
Act,
as
subchapter
22
V
entitled
“Duties
of
Licensees”,
and
sections
522F.19
through
23
522F.23,
as
enacted
in
this
division
of
this
Act,
as
subchapter
24
VI
entitled
“Hearings
and
Penalties”.
25
DIVISION
VII
26
IOWA
ECONOMIC
EMERGENCY
FUND
——
PROCLAMATION
OF
DISASTER
27
EMERGENCY
28
Sec.
80.
Section
8.55,
subsection
3,
paragraph
a,
Code
2025,
29
is
amended
to
read
as
follows:
30
a.
Except
as
provided
in
paragraphs
“b”
,
“c”
,
and
“d”
,
31
and
“f”
,
the
moneys
in
the
Iowa
economic
emergency
fund
shall
32
only
be
used
pursuant
to
an
appropriation
made
by
the
general
33
assembly.
An
appropriation
shall
only
be
made
for
the
fiscal
34
year
in
which
the
appropriation
is
made.
The
moneys
shall
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only
be
appropriated
by
the
general
assembly
for
emergency
1
expenditures.
2
Sec.
81.
Section
8.55,
subsection
3,
Code
2025,
is
amended
3
by
adding
the
following
new
paragraph:
4
NEW
PARAGRAPH
.
f.
(1)
For
the
fiscal
year
beginning
July
5
1,
2026,
and
each
fiscal
year
thereafter,
there
is
appropriated
6
from
the
Iowa
economic
emergency
fund
to
the
department
of
7
management
ten
percent
of
the
maximum
balance
of
the
Iowa
8
economic
emergency
fund,
or
so
much
thereof
as
is
necessary,
to
9
be
used
for
disaster
response,
disaster
recovery
activities,
or
10
disaster
aid
to
citizens.
11
(2)
The
appropriation
in
this
paragraph
is
contingent
upon
12
all
of
the
following:
13
(a)
The
issuance
of
a
proclamation
of
disaster
emergency
by
14
the
governor
under
section
29C.6
during
the
fiscal
year,
which
15
proclamation
covers
the
disaster
for
which
the
moneys
will
be
16
used.
17
(b)
The
appropriation
occurs
at
the
direction
of
the
18
governor,
with
the
approval
of
the
executive
council.
19
(3)
Subject
to
the
approval
of
the
governor,
the
department
20
of
management
may
provide
for
an
interdepartmental
transfer
of
21
moneys
appropriated
in
this
paragraph
to
another
state
entity
22
for
the
purposes
specified
in
this
paragraph,
subject
to
the
23
approval
of
the
governor,
notwithstanding
the
limitations
and
24
requirements
of
section
8.39.
25
(4)
Notwithstanding
section
8.33,
moneys
appropriated
in
26
this
paragraph
that
remain
unencumbered
or
unobligated
at
the
27
close
of
the
fiscal
year
shall
not
revert
but
shall
remain
28
available
for
expenditure
for
the
purposes
designated.
If
the
29
department
of
management
determines
that
moneys
so
appropriated
30
are
no
longer
necessary
for
the
purposes
designated,
the
31
remaining
moneys
shall
revert
to
the
Iowa
economic
emergency
32
fund.
33
(5)
Moneys
appropriated
in
this
paragraph
shall
not
34
supplant
other
appropriated
moneys.
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Sec.
82.
Section
29C.6,
Code
2025,
is
amended
by
adding
the
1
following
new
subsection:
2
NEW
SUBSECTION
.
18.
Direct
an
appropriation
under
section
3
8.55,
subsection
3,
paragraph
“f”
,
with
the
approval
of
the
4
executive
council.
5
DIVISION
VIII
6
IOWA
ECONOMIC
EMERGENCY
FUND
——
APPROPRIATIONS
7
Sec.
83.
NUISANCE
PROPERTY
REMEDIATION
ASSISTANCE
FUND
——
8
FY
2024-2025.
There
is
appropriated
from
the
Iowa
economic
9
emergency
fund
created
in
section
8.55
to
the
economic
10
development
authority
for
the
fiscal
year
beginning
July
1,
11
2024,
and
ending
June
30,
2025,
the
following
amount,
or
so
12
much
thereof
as
is
necessary,
to
be
used
for
the
purposes
13
designated:
14
For
deposit
in
the
nuisance
property
remediation
assistance
15
fund
established
in
section
15.338:
16
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
2,000,000
17
Notwithstanding
section
8.33,
moneys
appropriated
in
this
18
section
that
remain
unencumbered
or
unobligated
at
the
close
of
19
the
fiscal
year
shall
not
revert
but
shall
remain
available
for
20
expenditure
for
the
purposes
designated
until
the
close
of
the
21
succeeding
fiscal
year.
22
Sec.
84.
DISASTER
RECOVERY
HOUSING
ASSISTANCE
FUND
——
23
FY
2024-2025.
There
is
appropriated
from
the
Iowa
economic
24
emergency
fund
created
in
section
8.55
to
the
Iowa
finance
25
authority
for
the
fiscal
year
beginning
July
1,
2024,
and
26
ending
June
30,
2025,
the
following
amount,
or
so
much
thereof
27
as
is
necessary,
to
be
used
for
the
purposes
designated:
28
For
deposit
in
the
disaster
recovery
housing
assistance
fund
29
created
in
section
16.57B:
30
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
11,600,000
31
Notwithstanding
section
8.33,
moneys
appropriated
in
this
32
section
that
remain
unencumbered
or
unobligated
at
the
close
of
33
the
fiscal
year
shall
not
revert
but
shall
remain
available
for
34
expenditure
for
the
purposes
designated
until
the
close
of
the
35
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succeeding
fiscal
year.
1
Sec.
85.
EFFECTIVE
DATE.
This
division
of
this
Act,
being
2
deemed
of
immediate
importance,
takes
effect
upon
enactment.
3
EXPLANATION
4
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
5
the
explanation’s
substance
by
the
members
of
the
general
assembly.
6
This
bill
relates
to
the
natural
hazard
mitigation
financing
7
program,
the
disaster
recovery
housing
assistance
program,
the
8
disaster
recovery
new
housing
program,
post-loss
assignments
9
of
benefits,
and
the
licensing
and
regulation
of
adjusters,
10
appraisers
and
umpires.
11
DIVISION
I
——
NATURAL
HAZARD
MITIGATION
FINANCING
PROGRAM.
12
The
bill
creates
the
natural
hazard
mitigation
financing
13
program
(program)
for
the
purpose
of
making
loans
available
14
to
eligible
entities
to
finance
all
or
part
of
the
costs
of
a
15
project.
“Eligible
entity”
and
“project”
are
defined
in
the
16
bill.
The
program
shall
be
a
joint
and
cooperative
undertaking
17
of
the
department
of
homeland
security
and
emergency
management
18
(HSEMD)
and
the
Iowa
finance
authority
(IFA).
19
The
bill
creates
a
natural
hazard
mitigation
revolving
loan
20
fund
(fund)
under
the
control
of
HSEMD,
in
consultation
with
21
IFA,
consisting
of
moneys
and
program
funding
as
detailed
in
22
the
bill.
23
HSEMD,
in
consultation
with
IFA,
may
establish
and
maintain
24
funds
or
accounts
necessary
to
carry
out
the
purposes
of
the
25
bill.
Any
moneys
appropriated
to
HSEMD
and
IFA
for
purposes
26
of
paying
the
costs
and
expenses
associated
with
the
program
27
shall
be
administered
as
determined
by
IFA.
The
funds
or
28
accounts
are
separate
dedicated
funds
and
accounts
under
the
29
administration
and
control
of
IFA,
and
shall
not
be
considered
30
part
of
the
general
fund
of
the
state,
are
not
subject
to
31
appropriation
for
any
other
purpose
by
the
general
assembly,
32
and
in
determining
a
general
fund
balance
shall
not
be
included
33
in
the
general
fund
of
the
state,
but
shall
remain
in
the
funds
34
and
accounts
maintained
by
HSEMD
or
IFA.
IFA
may
provide
for
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957
the
issuance
of
bonds
or
notes
as
detailed
in
the
bill.
1
The
duties
of
the
director
of
HSEMD
(director)
are
detailed
2
in
the
bill.
3
For
the
fiscal
year
beginning
July
1,
2025,
and
each
fiscal
4
year
thereafter,
HSEMD
may
prepare
and
deliver
intended
use
5
plans
to,
and
enter
into
capitalization
grant
agreements
with,
6
the
administrator
of
the
United
States
federal
emergency
7
management
agency
and
may
accept
capitalization
grants
for
the
8
fund.
HSEMD,
in
consultation
with
IFA,
shall
establish
fiscal
9
controls
and
accounting
procedures
for
the
fund.
10
HSEMD
and
IFA
shall
review
each
loan
application
to
11
determine
if
the
applicant
is
an
eligible
entity
and
qualifies
12
for
a
loan.
IFA,
in
cooperation
with
HSEMD,
shall
determine
13
the
interest
rate
and
repayment
terms
for
each
loan
under
the
14
program
and
shall
enter
into
a
loan
agreement
with
each
loan
15
recipient.
IFA
may
charge
loan
recipients
fees
and
assess
16
costs
as
necessary.
17
Moneys
in
the
fund
shall
be
used
for
the
primary
purpose
of
18
making
loans
to
eligible
entities
to
finance
eligible
costs
of
19
projects
in
accordance
with
the
intended
use
plans.
The
loan
20
recipients
and
the
purpose
and
amount
of
the
loans
shall
be
21
determined
by
the
director.
22
HSEMD,
in
consultation
with
IFA,
shall
adopt
rules
pursuant
23
to
Code
chapter
17A
to
administer
the
division
of
the
bill.
24
The
bill
makes
a
conforming
change
to
Code
section
422.7.
25
DIVISION
II
——
DISASTER
RECOVERY
HOUSING
ASSISTANCE
PROGRAM.
26
The
bill
requires
a
state
of
disaster
emergency
proclamation
27
by
the
governor
that
authorizes
disaster
recovery
housing
28
assistance
to
specify
if
disaster
recovery
housing
assistance
29
is
available
to
homeowners,
renters,
or
both
homeowners
and
30
renters.
31
The
bill
defines
“financial
assistance”
as
assistance
32
provided
only
from
the
funds,
rights,
and
assets
legally
33
available
to
IFA
and
includes
but
is
not
limited
to
assistance
34
in
the
form
of
grants,
loans,
and
forgivable
loans.
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Under
the
bill,
IFA
shall
not
use
more
than
5
percent
of
the
1
moneys
deposited
into
the
disaster
recovery
housing
assistance
2
fund
for
administrative
and
program
costs.
3
Under
current
law,
to
be
considered
for
financial
assistance
4
under
the
disaster
recovery
housing
assistance
program,
5
a
homeowner
or
renter
must
register
for
the
disaster
case
6
advocacy
program.
Under
the
bill,
a
homeowner
or
renter
is
not
7
required
to
register
for
the
advocacy
program
to
be
considered
8
for
financial
assistance
under
the
disaster
recovery
housing
9
assistance
program.
10
The
bill
makes
conforming
changes
to
Code
section
16.57B.
11
DIVISION
III
——
DISASTER
RECOVERY
NEW
HOUSING
PROGRAM.
The
12
bill
defines
“qualifying
state
disaster
recovery
new
housing
13
grant”
(grant)
as
an
award
of
a
state
disaster
recovery
new
14
housing
grant
that
was
applied
for
between
August
20,
2024,
15
and
December
31,
2024,
and
approved
and
issued
by
the
economic
16
development
authority.
A
grant
shall
not
be
included
in
the
17
computation
of
net
income
for
federal
income
tax
purposes.
18
The
division
takes
effect
upon
enactment
and
applies
19
retroactively
to
tax
years
beginning
on
or
after
January
1,
20
2024.
21
DIVISION
IV
——
POST-LOSS
ASSIGNMENT
OF
BENEFITS
——
22
RESIDENTIAL
CONTRACTOR.
Under
the
bill,
a
violation
of
Code
23
section
515.137
is
an
unfair
method
of
competition
and
unfair
24
or
deceptive
act
or
practice
in
the
business
of
insurance.
25
The
bill
defines
“post-loss
assignment”
(assignment).
The
26
assignment
must
only
assign
the
insurance
proceeds
a
named
27
insured
is
entitled
to
receive
from
the
named
insured’s
insurer
28
for
the
repair,
replacement
construction,
or
reconstruction
of
29
the
named
insured’s
property.
30
A
residential
contractor
(contractor)
shall
not
engage
31
in
conduct
prohibited
by
the
bill
under
an
assignment
by
a
32
named
insured
to
the
contractor
under
a
property
and
casualty
33
insurance
policy.
34
An
assignment
must
include
an
itemized
description
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containing
the
information
detailed
in
the
bill.
1
An
assignment
shall
not
impair
the
interest
of
a
mortgagee,
2
and
all
mortgagees
shall
be
named
as
a
co-payee
for
the
payment
3
of
benefits.
An
assignment
shall
only
authorize
a
contractor
4
to
be
named
as
a
co-payee,
along
with
the
named
insured
and
all
5
mortgagees,
for
the
payment
of
benefits.
An
assignment
shall
6
not
prevent
or
inhibit
an
insurer
from
communicating
with
the
7
named
insured
or
a
mortgagee.
8
An
electronic
copy
of
a
fully
executed
assignment
shall
9
be
provided
to
a
named
insured
and
all
mortgagees
of
the
10
damaged
residential
real
estate
within
five
business
days
after
11
execution.
A
contractor
named
in
an
assignment
must
cooperate
12
with
the
insurer
in
a
claim
investigation.
13
A
named
insured
shall
have
the
right
to
cancel
an
assignment
14
without
penalty
or
fee
under
the
circumstances
detailed
in
the
15
bill.
16
Any
written
contract,
repair
estimate,
or
work
order
17
prepared
by
a
contractor
to
provide
goods
or
services
pursuant
18
to
an
assignment
shall
include
notice
as
provided
in
the
bill
19
which
shall
be
signed
by
the
named
insured
and
sent
to
the
20
named
insured’s
insurer
prior
to
payment.
21
For
at
least
72
hours
following
a
catastrophic
disaster,
a
22
residential
contractor
shall
not
enter
into
a
contract
with
23
an
insured
that
includes
an
assignment.
If
the
severity
of
24
the
catastrophic
disaster
has
placed
people
under
duress,
as
25
determined
by
the
commissioner,
the
commissioner
shall
dispatch
26
the
consumer
advocate
and
personnel
to
provide
consumer
27
guidance.
The
commissioner
may
extend
the
72-hour
period
by
an
28
additional
72
hours
after
public
hearing.
29
An
assignment
entered
into
with
a
contractor
shall
be
void
if
30
the
contractor
violates
the
bill.
31
DIVISION
V
——
PUBLIC,
INDEPENDENT,
AND
STAFF
ADJUSTERS.
The
32
bill
makes
conforming
changes
to
Code
sections
507B.4,
522B.5A,
33
and
522C.1.
34
Under
current
law,
the
commissioner
of
insurance
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(commissioner)
shall
adopt
rules
as
necessary
to
administer
and
1
enforce
Code
chapter
522C.
Under
the
bill,
the
commissioner
2
may
adopt
such
rules.
3
Under
the
bill,
a
person
shall
not
act
as,
or
represent
that
4
the
person
is,
a
public
adjuster
or
an
independent
adjuster
5
unless
the
person
is
licensed.
A
license
as
an
adjuster
is
6
not
required
for
a
staff
adjuster,
an
attorney
when
acting
7
within
their
professional
capacity
as
an
attorney,
or
a
person
8
employed
only
for
the
purpose
of
obtaining
facts
surrounding
a
9
loss
or
to
furnish
technical
assistance
to
a
licensed
adjuster.
10
A
person
applying
for
an
adjuster
license
shall
complete
an
11
application
as
described
in
the
bill.
The
commissioner
may
12
require
a
criminal
history
check
for
the
applicant.
13
Prior
to
approving
an
application
for
a
resident
adjuster
14
license,
a
nonresident
adjuster
license,
or
a
business
entity’s
15
or
nonresident
business
entity’s
application
for
a
license
for
16
a
resident
public
adjuster
or
resident
independent
adjuster,
17
the
commissioner
shall
find
that
the
applicant
meets
the
18
requirements
detailed
in
the
bill.
19
If
the
commissioner
does
not
renew
a
license
or
denies
20
an
application
for
a
license,
the
commissioner
shall
notify
21
the
applicant
or
licensee
and
advise
of
the
reason
for
the
22
nonrenewal
or
denial.
Within
30
calendar
days
of
the
date
of
23
the
notice,
the
licensee
or
applicant
may
request
a
hearing
on
24
the
nonrenewal
or
denial.
25
Application
fees
for
a
license
as
an
adjuster
are
detailed
26
in
the
bill.
The
fee
for
an
examination
may
be
set
by
a
27
third-party
testing
service
and
must
be
approved
by
the
28
division
of
insurance
(division).
29
Prior
to
issuance
of
a
license,
an
applicant
shall
secure
30
evidence
of
financial
responsibility
(responsibility)
through
31
a
surety
bond
(bond)
as
prescribed
by
the
commissioner.
The
32
bond
shall
be
executed
and
issued
by
an
insurer
authorized
33
to
issue
bonds,
and
must
meet
the
requirements
of
the
34
bill.
The
division
may
request
that
an
adjuster
provide
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evidence
of
responsibility
at
any
time.
An
adjuster
shall
1
immediately
notify
the
division
if
the
adjuster’s
evidence
2
of
responsibility
terminates
or
becomes
impaired,
and
the
3
adjuster’s
license
shall
become
inactive.
4
An
individual
applying
for
a
license
shall
pass
a
written
5
examination,
unless
exempt,
as
described
in
the
bill.
6
A
public
adjuster
shall
not
provide
services
to
an
insured
7
until
a
written
contract
with
the
insured
has
been
executed.
8
The
contract
must
meet
all
of
the
requirements
detailed
in
the
9
bill.
No
provisions
in
the
contract
shall
be
redacted
in
a
10
copy
of
the
contract
submitted
to
the
commissioner.
11
If
the
insurer,
no
later
than
five
calendar
days
after
the
12
date
on
which
the
insured’s
loss
is
reported,
either
pays
13
or
commits
in
writing
to
pay
the
policy
limits,
the
public
14
adjuster
shall
inform
the
insured
that
the
total
amount
of
15
loss
claimed
by
the
insured
may
not
be
paid
by
the
insured,
16
and
the
adjuster
is
only
entitled
to
reasonable
compensation
17
from
the
insured.
Prior
to
execution
of
a
contract,
the
public
18
adjuster
shall
review
the
terms
of
the
contract
with
the
19
insured
and
provide
a
separate
disclosure
document
that
meets
20
the
requirements
detailed
in
the
bill.
21
An
original
copy
of
a
completed
contract
shall
be
provided
to
22
the
public
adjuster
and
kept
by
the
insured.
Within
72
hours
23
of
entering
a
contract
with
an
insured,
the
public
adjuster
24
shall
provide
the
insured’s
insurer
a
notification
letter.
A
25
contract
between
a
public
adjuster
and
an
insured
executed
in
26
violation
of
the
bill
shall
not
be
enforceable.
27
The
required
standards
of
conduct
for,
and
duties
of,
an
28
adjuster
are
detailed
in
the
bill.
An
adjuster
who
fails
29
to
comply
with
the
standards
and
duties
shall
be
subject
to
30
penalties.
31
The
division
may
place
on
probation,
suspend,
revoke,
or
32
refuse
to
issue
or
renew
an
adjuster’s
license,
and
may
levy
33
a
civil
penalty
for
any
of
the
reasons
enumerated
in
the
34
bill.
If
the
commissioner
does
not
renew
a
license
or
denies
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an
application
for
a
license,
the
commissioner
shall
notify
1
the
adjuster
or
applicant
and
advise
of
the
reason
for
the
2
nonrenewal
or
denial.
The
adjuster
or
applicant
may
request
a
3
hearing
within
30
days
from
the
date
of
the
notice.
4
The
commissioner
may
conduct
an
investigation
of
any
5
suspected
violation
of
the
bill
and
may
impose
a
penalty
or
6
remedy
against
any
person
who
is
under
investigation
for,
or
7
charged
with,
a
violation
even
if
the
person’s
license
has
been
8
surrendered
or
has
lapsed
by
operation
of
law.
9
All
complaint
files,
investigation
files,
other
10
investigation
reports,
and
other
investigative
information
in
11
the
possession
of
the
commissioner
that
relates
to
adjuster
12
discipline
are
privileged
and
confidential,
and
may
only
be
13
disclosed
as
described
in
the
bill.
On
appeal
by
the
adjuster,
14
the
commissioner
shall
transmit
the
entire
record
of
the
15
contested
case
to
the
reviewing
court.
16
Upon
a
determination
by
the
commissioner,
after
a
hearing,
17
that
an
adjuster
has
violated
a
provision
of
the
bill,
18
the
commissioner
shall
reduce
the
findings
of
the
hearing
19
to
writing
and
deliver
a
copy
to
the
adjuster.
Upon
a
20
determination
by
the
commissioner
that
an
adjuster
has
engaged
21
in
any
act
or
practice
constituting
a
violation
of
the
bill,
22
the
commissioner
may
take
any
of
the
civil
actions
described
23
in
the
bill.
24
A
person
acting
as
an
adjuster
without
proper
licensure,
25
or
an
adjuster
who
willfully
violates
any
provision
of,
or
26
order
issued
under,
Code
chapter
522C
is
guilty
of
a
class
27
“D”
felony.
When
the
violation
results
in
a
loss
of
more
28
than
$10,000,
the
person
or
adjuster
is
guilty
of
a
class
“C”
29
felony.
30
An
adjuster
who
steals,
converts,
or
misappropriates
funds
31
that
should
be
held
in
trust
in
a
fiduciary
capacity
is
guilty
32
of
a
class
“D”
felony.
When
the
violation
results
in
a
loss
33
of
more
than
$10,000,
the
adjuster
is
guilty
of
a
class
“C”
34
felony.
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A
class
“D”
felony
is
punishable
by
confinement
for
no
more
1
than
five
years
and
a
fine
of
at
least
$1,025
but
not
more
than
2
$10,245.
A
class
“C”
felony
is
punishable
by
confinement
for
3
no
more
than
10
years
and
a
fine
of
at
least
$1,370
but
not
more
4
than
$13,660.
5
The
commissioner
may
refer
evidence
concerning
violations
of
6
the
bill
to
the
attorney
general
or
the
county
attorney
who
may
7
institute
criminal
proceedings.
8
Any
contract
that
is
entered
into
by
an
insured
with
a
person
9
who
is
not
a
licensed
public
adjuster
shall
be
void,
and
the
10
insured
is
not
liable
for
the
payment
of
any
past
or
future
11
services
by
the
person
under
that
contract
or
otherwise.
12
An
adjuster
whose
license
has
been
revoked
or
suspended,
13
or
who
forfeited
a
license,
may
apply
to
the
commissioner
for
14
reinstatement
or
reissuance
and
submit
to
a
criminal
history
15
check.
An
applicant
shall
not
be
eligible
for
reinstatement
16
or
reissuance
until
the
applicant
satisfies
the
requirements
17
detailed
in
the
bill.
18
An
application
for
reinstatement
or
reissuance
shall
allege
19
facts
as
required
by
the
bill,
and
the
burden
of
proof
is
on
20
the
adjuster
to
establish
such
facts.
An
adjuster
may
request
21
reinstatement
of
a
suspended
license
prior
to
the
end
of
the
22
suspension
term.
If
an
order
of
revocation
or
suspension
did
23
not
establish
terms
on
which
reinstatement
or
reissuance
may
24
occur,
or
if
the
license
was
forfeited,
an
initial
application
25
for
reinstatement
or
reissuance
shall
not
be
made
until
at
26
least
one
year
from
the
date
of
the
order.
All
proceedings
on
27
the
application
for
reinstatement
or
reissuance
shall
be
held
28
in
accordance
with
Code
chapter
17A.
29
If
an
adjuster’s
ordered
suspension
period
ends
prior
to
30
the
adjuster’s
license
expiration
date,
and
the
adjuster
31
applies
for
reinstatement
and
meets
all
requirements,
the
32
division
shall
reinstate
the
license
as
soon
as
practicable
33
but
no
earlier
than
the
end
of
the
suspension
period.
If
an
34
adjuster’s
license
is
suspended
beyond
the
adjuster’s
license
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expiration
date,
the
adjuster
must
apply
for
reissuance.
A
1
submission
of
voluntary
forfeiture
of
a
license
shall
be
made
2
to
the
commissioner
pursuant
to
the
requirements
detailed
in
3
the
bill.
4
The
commissioner
may
deny
an
application
for
reinstatement
5
or
reissuance,
or
bring
an
additional
immediate
action,
if
an
6
adjuster
has
engaged
in
an
additional
violation
of
Code
chapter
7
507B
or
522C.
8
The
commissioner
shall
deny
an
adjuster’s
application
for
9
license
issuance,
renewal,
reinstatement,
or
reissuance;
10
suspend
a
current
license;
or
revoke
a
currently
suspended
11
license,
upon
receipt
of
a
certificate
of
noncompliance
from
12
the
child
support
recovery
unit
or
the
centralized
collection
13
unit
of
the
department
of
revenue.
14
DIVISION
VI
——
LICENSING
AND
REGULATION
OF
APPRAISERS
15
AND
UMPIRES.
Under
the
bill,
the
commissioner
may
require
a
16
criminal
history
check
on
an
applicant
that
applies
for
an
17
initial
license
as
an
appraiser,
or
an
umpire;
or
a
renewal,
18
reinstatement,
or
reissuance
of
a
license
if
the
license
of
19
an
appraiser
or
an
umpire
has
been
revoked
or
suspended.
The
20
commissioner
may
adopt
rules
to
administer
this
division
of
the
21
bill.
22
Under
the
bill,
a
person
shall
not
act
as,
or
represent
that
23
the
person
is,
an
appraiser
or
an
umpire
unless
the
person
is
24
licensed.
25
A
person
applying
for
an
appraiser
or
umpire
license
shall
26
submit
an
application
prescribed
by
the
commissioner.
To
be
27
eligible
for
licensure
under
the
bill,
a
person
shall
meet
all
28
of
the
criteria
detailed
in
the
bill.
A
person
who
meets
the
29
requirements
for
licensure,
unless
otherwise
denied
licensure
30
pursuant
to
the
bill,
shall
be
issued
an
appraiser
license
or
31
an
umpire
license
that
is
valid
for
two
years.
Applicable
fees
32
are
detailed
in
the
bill.
33
An
appraiser’s
license
and
an
umpire’s
license
shall
contain
34
the
information
described
in
the
bill.
An
appraiser
and
an
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umpire
shall
be
required
to
complete
continuing
education
1
requirements,
as
prescribed
by
the
division,
to
be
eligible
for
2
license
renewal
or
reinstatement.
3
An
appraiser
and
an
umpire
shall
inform
the
division
of
a
4
change
of
legal
name
or
business
address
within
30
calendar
5
days
of
the
change.
Failure
to
timely
inform
the
division
may
6
result
in
a
penalty.
7
The
division
shall
publish
an
appraiser
list
and
an
umpire
8
list
on
the
division’s
internet
site,
and
include
all
required
9
information
as
detailed
in
the
bill.
10
Prior
to
approving
a
business
entity’s
application
for
a
11
license
as
an
appraiser,
the
commissioner
shall
find
that
the
12
business
entity
has
designated
an
individual
appraiser
to
be
13
responsible
for
the
business
entity’s
compliance
with
the
14
insurance
laws
and
rules.
15
An
appraiser
or
an
umpire
may
apply
for
reinstatement
of
an
16
expired
license
up
to
one
year
after
the
license
expiration
17
date
by
meeting
the
requirements
of
the
bill.
An
appraiser
or
18
an
umpire
who
fails
to
apply
for
license
reinstatement
within
19
one
year
must
apply
for
a
new
license.
An
appraiser
or
an
20
umpire
who
surrendered
a
license
and
stated
an
intent
to
exit
21
the
appraiser
business
may
file
a
request
to
reactivate
the
22
license
within
90
calendar
days
of
the
date
the
license
was
23
placed
on
inactive
status.
24
Each
party
to
an
appraisal
shall
be
responsible
for
the
25
party’s
own
appraiser’s
fees
and
expenses,
an
equal
share
of
26
all
reasonable
and
necessary
fees
and
expenses
incurred
by
an
27
umpire,
and
an
equal
share
of
all
reasonable
and
necessary
28
costs
incurred
in
the
course
of
conducting
the
appraisal.
An
29
appraiser
or
an
umpire
shall
not
charge
any
party
on
a
basis
30
dependent
on
the
outcome
of
the
written
itemized
award,
or
31
charge
in
a
manner
that
relies
on
a
barter
arrangement,
gift,
32
favor,
or
in-kind
exchange.
Prior
to
the
conclusion
of
an
33
appraisal
process,
an
appraiser
or
umpire
shall
not
require,
34
demand,
or
accept
any
fee
unless
the
loss
is
being
handled
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by
the
appraiser
or
umpire
on
a
time-plus-expense
basis.
An
1
appraiser
or
umpire
shall
not
charge
a
fee
if
the
appraiser
or
2
umpire
abandons
the
appraisal
prior
to
the
umpire
issuing
a
3
written
itemized
award.
4
The
required
standards
of
conduct
for,
and
duties
of,
an
5
appraiser
and
an
umpire
are
detailed
in
the
bill.
An
appraiser
6
or
umpire
who
fails
to
comply
with
the
standards
and
duties
7
shall
be
subject
to
penalties.
8
The
process
for
an
appraisal
is
detailed
in
the
bill.
The
9
claimant
and
the
insurer
must
both
provide
the
other
party
with
10
a
list
stating
separately
the
actual
cash
value
and
the
amount
11
of
claimed
loss
for
each
item
at
issue.
Within
20
calendar
12
days
of
receipt
of
a
written
demand
for
an
appraisal,
the
13
claimant
and
the
insurer
shall
each
select
an
appraiser
from
14
the
appraiser
list.
Upon
selection,
the
appraiser
shall
attest
15
that
the
appraiser
is
competent
and
disinterested
with
regards
16
to
the
appraisal.
17
Within
15
calendar
days
of
the
selection
of
appraisers,
both
18
appraisers
shall
agree
on
an
umpire
from
the
umpire
list.
A
19
party
or
an
appraiser
may
object
to
the
umpire
for
good
cause
20
no
later
than
five
business
days
after
the
umpire
has
been
21
selected.
A
replacement
umpire
shall
then
be
selected
by
both
22
appraisers
from
the
umpire
list.
If
both
appraisers
fail
to
23
agree
on
an
umpire,
the
division
shall
randomly
select
an
24
umpire
from
the
umpire
list
and
notify
the
parties.
If
either
25
appraiser
requests
that
an
umpire
be
selected
by
a
judge,
a
26
judge
shall
give
deference
to
the
randomly
selected
umpire
from
27
the
umpire
list
by
the
division
unless
either
the
claimant
28
or
the
insurer
provides
good
cause
for
the
judge
to
make
an
29
alternative
selection.
30
Within
45
calendar
days
from
the
date
the
umpire
is
31
selected,
both
appraisers
shall
appraise
the
loss
and
submit
32
the
appraiser’s
actual
cash
value
and
amount
of
loss
of
each
33
item
to
the
umpire.
Each
appraiser
shall
also
submit
written
34
authorization
for
the
umpire
to
commence
work.
No
later
than
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45
calendar
days
after
receipt
of
the
actual
cash
value
and
1
amount
of
loss,
the
umpire
shall
prepare
and
provide
to
the
2
parties
and
each
appraiser
a
written
itemized
award
showing
the
3
actual
cash
value
and
amount
of
loss.
4
All
property
insurance
policies
delivered,
issued
for
5
delivery,
continued,
or
renewed
in
this
state
on
or
after
6
January
1,
2026,
shall
contain
an
appraisal
clause
that
7
complies
with
the
bill.
8
An
appraiser
and
umpire
shall
act
with
due
diligence
in
9
achieving
an
appraisal
award.
A
insurer’s
payment
of
an
10
appraisal
award
to
an
insured
shall
be
subject
to
applicable
11
policy
terms
and
conditions,
limits,
and
deductibles.
Unless
12
otherwise
agreed
on
by
the
parties,
an
appraisal
award
shall
be
13
binding
and
paid
by
the
insurer
within
60
calendar
days
of
the
14
award
being
submitted
to
the
insurer.
15
An
appraiser
or
umpire
shall
report
to
the
commissioner
any
16
administrative
action
taken
against
the
appraiser
or
umpire
17
within
30
calendar
days
of
the
final
disposition.
Within
18
30
calendar
days
of
the
initial
pretrial
hearing
date,
an
19
appraiser
or
umpire
shall
report
to
the
commissioner
any
20
criminal
prosecution
of
the
appraiser
or
umpire.
An
appraiser
21
or
umpire
who
willfully
fails
to
comply
with
such
requirements
22
is
subject
to
penalty.
23
An
appraiser
or
umpire
has
a
continuing
duty
and
obligation
24
to
keep
usual
and
customary
records
pertaining
to
appraisals
25
in
accordance
with
the
requirements
of
the
bill.
An
appraiser
26
or
umpire
who
willfully
fails
to
comply
with
such
requirements
27
is
subject
to
penalty.
28
Whenever
the
commissioner
believes
that
a
person
has
been
29
engaged
or
is
engaging
in
a
violation
of
the
bill,
and
that
a
30
proceeding
by
the
commissioner
would
be
in
the
public
interest,
31
the
commissioner
shall
issue
and
serve
a
statement
of
the
32
charges
and
a
notice
of
a
hearing.
33
The
division
may
place
on
probation,
suspend,
revoke,
34
or
refuse
to
issue
or
renew
an
appraiser’s
license
or
an
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umpire’s
license,
and
may
levy
a
civil
penalty
for
any
of
1
the
causes
detailed
in
the
bill.
If
the
commissioner
does
2
not
renew
a
license
or
denies
an
application
for
a
license,
3
the
commissioner
shall
notify
the
applicant,
appraiser,
or
4
umpire
and
advise
of
the
reason
for
nonrenewal
or
denial.
The
5
applicant,
appraiser,
or
umpire
may
request
a
hearing
within
6
30
calendar
days
from
the
date
of
the
notice.
A
hearing
shall
7
be
conducted
pursuant
to
the
requirements
detailed
in
the
8
bill.
The
license
of
an
umpire,
an
appraiser,
or
an
appraiser
9
business
entity
may
be
suspended,
revoked,
placed
on
probation,
10
or
refused
if
the
commissioner
finds
that
an
umpire’s,
11
appraiser’s,
or
appraiser
business
entity’s
violation
was
known
12
or
should
have
been
known
by
a
partner,
officer,
or
manager
of
13
the
business
entity
and
the
violation
was
not
reported
to
the
14
commissioner
and
corrective
action
was
not
taken.
15
In
addition
to,
or
in
lieu
of,
denial,
probation,
16
suspension,
or
revocation
of
a
license,
an
appraiser
or
umpire
17
may
be
subject
to
a
civil
penalty.
The
commissioner
may
18
conduct
an
investigation
and
may
enforce
the
provisions
of
the
19
bill.
20
All
investigative
information
in
the
possession
of
the
21
commissioner
that
relates
to
appraiser
or
umpire
discipline
22
is
privileged
and
confidential,
and
may
only
be
disclosed
as
23
described
in
the
bill.
On
appeal
by
the
appraiser
or
umpire,
24
the
commissioner
shall
transmit
the
entire
record
of
the
25
contested
case
to
the
reviewing
court.
Upon
a
determination
by
26
the
commissioner,
after
hearing,
that
an
appraiser
or
umpire
27
has
violated
a
provision
of
the
bill,
the
commissioner
shall
28
reduce
the
findings
of
the
hearing
to
writing
and
deliver
29
a
copy
of
the
findings
to
the
appraiser
or
umpire,
and
the
30
commissioner
may
take
any
of
the
actions
described
in
the
bill.
31
A
person
acting
as
an
appraiser
or
an
umpire
without
proper
32
licensure,
or
an
appraiser
or
an
umpire
who
willfully
violates
33
any
provision
of,
or
an
order
issued
under,
the
bill
is
guilty
34
of
a
class
“D”
felony.
When
the
violation
results
in
a
loss
of
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more
than
$10,000,
the
person
or
adjuster
is
guilty
of
a
class
1
“C”
felony.
2
A
class
“D”
felony
is
punishable
by
confinement
for
no
more
3
than
five
years
and
a
fine
of
at
least
$1,025
but
not
more
than
4
$10,245.
A
class
“C”
felony
is
punishable
by
confinement
for
5
no
more
than
10
years
and
a
fine
of
at
least
$1,370
but
not
more
6
than
$13,660.
7
The
commissioner
may
refer
such
evidence
concerning
8
violations
of
the
bill,
or
of
the
failure
of
a
person
to
comply
9
with
the
licensing
requirements
under
the
bill,
to
the
attorney
10
general
or
the
district
attorney
who
may
institute
criminal
11
proceedings.
12
An
appraiser
or
an
umpire
whose
license
has
been
revoked
or
13
suspended
by
order,
or
who
forfeited
a
license,
may
apply
to
14
the
commissioner
for
reinstatement
or
reissuance,
and
submit
to
15
a
criminal
history
check.
16
All
proceedings
on
the
application
for
reinstatement
or
17
reissuance
shall
be
held
in
accordance
with
Code
chapter
17A.
18
An
order
of
reinstatement
or
reissuance
shall
be
based
on
a
19
written
decision,
and
may
impose
such
terms
and
conditions
as
20
the
commissioner
deems
appropriate.
21
If
an
appraiser’s
or
an
umpire’s
ordered
suspension
period
22
ends
prior
to
the
appraiser’s
or
umpire’s
license
expiration
23
date
and
the
adjuster
applies
for
reinstatement
and
meets
all
24
applicable
requirements,
the
division
shall
reinstate
the
25
license
as
soon
as
practicable
but
no
earlier
than
the
end
26
of
the
suspension
period.
If
an
appraiser’s
or
an
umpire’s
27
license
is
suspended
beyond
the
license
expiration
date,
the
28
appraiser
or
umpire
must
apply
for
reissuance.
A
submission
of
29
voluntary
forfeiture
of
a
license
shall
be
made
in
writing
to
30
the
commissioner.
31
The
commissioner
may
deny
an
application
for
reinstatement
32
or
reissuance,
or
bring
an
additional
immediate
action,
if
an
33
appraiser
or
an
umpire
has
engaged
in
additional
violations.
34
The
commissioner
shall
deny
an
appraiser’s
or
umpire’s
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application
for
license
issuance,
renewal,
reinstatement,
1
or
reissuance;
suspend
a
current
license;
or
revoke
a
2
currently
suspended
license,
upon
receipt
of
a
certificate
3
of
noncompliance
from
the
child
support
recovery
unit
or
the
4
centralized
collection
unit
of
the
department
of
revenue.
5
DIVISION
VII
——
IOWA
ECONOMIC
EMERGENCY
FUND
——
PROCLAMATION
6
OF
DISASTER
EMERGENCY.
Under
current
law,
moneys
in
the
7
Iowa
economic
emergency
fund
may
only
be
used
pursuant
to
8
an
appropriation
by
the
general
assembly,
including
for
9
purposes
of
reducing
or
preventing
an
overdraft
on
or
deficit
10
in
the
general
fund
of
the
state.
Each
fiscal
year,
the
11
bill
appropriates
up
to
10
percent
of
the
maximum
balance
12
of
the
Iowa
economic
emergency
fund
to
the
department
of
13
management
(DOM)
for
disaster
response,
disaster
recovery
14
activities,
or
disaster
aid
to
citizens,
at
the
direction
of
15
the
governor,
with
the
approval
of
the
executive
council,
16
following
a
proclamation
of
disaster
emergency.
The
bill
17
allows
the
DOM,
subject
to
approval
of
the
governor,
to
provide
18
for
an
interdepartmental
transfer
of
the
moneys
to
another
19
state
entity
for
the
purposes
specified,
notwithstanding
the
20
limitations
and
requirements
of
Code
section
8.39,
including
21
notification
of
the
general
assembly.
If
the
DOM
determines
22
the
appropriated
moneys
are
no
longer
necessary
for
the
23
designated
purposes,
the
remaining
moneys
shall
revert
to
the
24
Iowa
economic
emergency
fund.
25
DIVISION
VIII
——
IOWA
ECONOMIC
EMERGENCY
FUND
——
26
APPROPRIATIONS.
For
FY
2024-2025,
there
is
appropriated
from
27
the
Iowa
economic
emergency
fund
to
the
economic
development
28
authority
for
deposit
in
the
nuisance
property
remediation
29
assistance
fund
$2
million.
For
FY
2024-2025,
there
is
30
appropriated
from
the
Iowa
economic
emergency
fund
to
the
Iowa
31
finance
authority
for
deposit
in
the
disaster
recovery
housing
32
assistance
program
fund
$11.6
million.
This
division
of
the
33
bill
takes
effect
upon
enactment.
34
-103-
LSB
1094HV
(2)
91
nls/ko
103/
103