9D.2 - REGISTRATION REQUIRED.
9D.2 REGISTRATION REQUIRED.
1. a. A travel agency doing business in this state shall
register with the secretary of state as a travel agency if it or its
travel agent conducts the solicitation of an Iowa resident.
b. A travel agency required to register under paragraph
"a" shall not permit a travel agent employed by the travel agency
to do business in this state unless the agency is registered with the
secretary of state.
2. A travel agent shall not knowingly do business in this state
unless and until the travel agency employing the travel agent is
registered with the secretary of state as a travel agency if the
travel agency or any of the agency's travel agents conduct the
solicitation of an Iowa resident.
3. This section does not require registration for, or prohibit,
solicitation by mail or telecommunications of a person with whom the
travel agency has a previous travel services provider-customer
relationship, having previously arranged travel-related services for
that customer on at least one prior occasion.
4. An applicant shall complete an application for registration
form provided by the secretary. The application form must be
accompanied by the required bond or evidence of financial
responsibility and the registration fee. The application form shall
include all of the following information:
a. The name and signature of an officer or partner of a
business entity or the names and signatures of the principal owner
and operator if the agency is a sole proprietorship.
b. The name, address, and telephone number of the applicant
and the name of all travel agents employed by the applicant travel
agency.
c. The name, address, and telephone number of any person who
owns or controls, directly or indirectly, ten percent or more of the
applicant.
d. If the applicant is a foreign corporation or business, the
name and address of the corporation's agent in this state for service
of process.
e. Any additional information required by rule adopted by the
secretary pursuant to chapter 17A.
5. The application form shall be accompanied by a written
irrevocable consent to service of process. The consent must provide
that actions in connection with doing business in this state may be
commenced against the registrant in the proper jurisdiction in this
state in which the cause of action may arise, or in which the
plaintiff may reside, by service of process on the secretary as the
registrant's agent and stipulating and agreeing that such service of
process shall be taken and held in all courts to be as valid and
binding as if service of process had been made upon the person
according to the laws of this or any other state. The consent to
service of process shall be in such form and supported by such
additional information as the secretary may by rule require.
6. An annual registration fee as established by the secretary by
rule is required at the time the application for registration form is
filed with the secretary, and on or before the anniversary date of
the effective date of registration for each subsequent year. The
registration fee shall be established at a rate deemed reasonably
necessary by the secretary to support the administration of this
chapter, but not to exceed fifteen dollars per year per agency. If
an applicant or a registrant fails to pay the annual registration
fee, the application for registration or registration lapses and
becomes ineffective.
7. A registrant shall submit to the secretary corrections to the
information supplied in the registration form within a reasonable
time after a change in circumstances, which circumstances would be
required to be reported in an application for registration form,
except travel agents' names as required in subsection 4, paragraph
"b". The names of travel agents shall be updated at the time of
annual registration.
8. The secretary may revoke or suspend a registration for cause
subject to the contested case provisions of chapter 17A. Section History: Recent Form
89 Acts, ch 274, §2
CS89, § 120.2
C93, §9D.2
2008 Acts, ch 1031, §10; 2009 Acts, ch 133, §3
Referred to in § 9D.4