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1999 Meeting Minutes


IOWA REAL ESTATE COMMISSION
1918 SE Hulsizer Road
Ankeny, Iowa

September 23, 1999--MINUTES

Present: Chair Russ Nading, Evelyn Rank, Terry Rogers, Barbara Leestamper and Robert Miller.

Others present: Roger Hansen, Executive Secretary; Pam Griebel, Assistant Attorney General; Susan Griffel, Education Director; Frank Hansen, Field Auditor; Sandy Malek, staff; and Paul McLaughlin, IAR.

The meeting was called to order by Nading at 9:02 a.m.

Leestamper moved, seconded by Rogers, to accept the August 19, 1999 minutes.

Griffel presented the education rules, ready to be adopted and filed. Rank moved, seconded by Leestamper, to adopt the rules. Motion carried unanimously.

Rogers moved, seconded by Leestamper, to deny the request of Barbara Taylor, salesperson, to change her license history from inactive status to active status for the period January 5, 1999 to September 10, 1999. Motion carried unanimously.

Paul McLaughlin, IAR, presented a proposed Disclosure of Property Conditions for new home construction, for the Commission's review. The Commission will review and consider possible rule making at a later date. He reported that the association's state convention is being held October 11-14, 1999 in Council Bluffs. The Greater Des Moines Board of Realtors has completed the move to the IAR's office location.

Leestamper reported she had received the information on the education meeting at the University of Northern Iowa and plans to attend.

At 9:40 a.m. a hearing was held on case 98-032. Respondent elected to have the hearing open to the public. Administrative Law Judge John Priester conducted the hearing. Respondent left the room at the conclusion of the hearing.

Leestamper moved, seconded by Rogers to go into closed session to deliberate pursuant to Iowa Code 21.5(l)(f). Roll call vote as follows: Nading, aye; Miller, aye; Leestamper, aye; Rank, aye. The discussion was tape recorded and minutes were taken. The Commission entered into closed session at 10:05 and arose therefrom at 10:21.

Rogers moved, seconded by Leestamper, to request the administrative law judge draft documents in line with the recommendations of the Commission. Motion carried unanimously.

Nading scheduled a telephone conference Commission meeting for Wednesday, September 29, 1999, at 10:00 a.m. to discuss and address the complaint cases being reviewed this afternoon by the Investigation Committee. Nading, Leestamper and Miller will be available to participate.

The communication from Jeffrey Margolis was deferred until the next meeting because more time is needed to carefully review the issues presented.

Griebel presented the Commission with copies of four new Executive Orders and briefly explained their content. The Commission will review these again at a future meeting.

Miller moved, seconded by Rogers, to deny the request by John Brown, broker, to waive the continuing education requirement to renew his broker license. Motion carried unanimously.

R. Hansen reported we now have a license reciprocity agreement with Colorado.

Discussion was held on the duties of a field auditor. The auditor was directed to continue to audit the broker's trust accounts and examine the transaction file and other records for any real estate transaction for compliance.

At 11:50 a.m. Leestamper moved, seconded by Miller to go into closed session pursuant to Iowa Code 21.5(1)(d)(f). Roll call vote as follows: Nading, aye; Miller, aye; Rogers, aye; Leestamper, aye; Rank, aye. Minutes were recorded. The Commission entered into closed session at 11:50 a.m. and arose therefrom at 11:58 a.m..

Motion was made by Rank, seconded by Rogers to accept the signed informal settlements in cases 99-020 and 99-021. Roll call vote as follows: Nading, aye; Miller, aye; Rogers, aye; Leestamper, aye; Rank, aye.

Leestamper moved, seconded by Rogers, to adjourn at 12:00 noon. Motion carried unanimously.

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