August 09 , 2001--MINUTES

Present: Robert Miller, Chair; Evelyn Rank; James Hughes; Dorothy Woline;
Barbara Leestamper

Others present: Roger Hansen, Executive Secretary; Pam Griebel, Assistant Attorney General; Susan Griffel, Education Director; Carrie Ante, Staff

The meeting was called to order at 9:09 a.m.

Rank moved, seconded by Hughes to go into closed session pursuant to Iowa Code 21.5 (1)(d) and Iowa Code 21.5 (1)(f). Roll call vote was as follows: Miller, aye; Rank, aye; Hughes, aye; Leestamper, aye; Woline, aye. Motion carried unanimously.

The Commission entered into closed session at 9:12 a.m.

Leestamper moved to go back into open session at 10:42 a.m. and Rank seconded. Motion carried unanimously.

Leestamper moved, seconded by Rank to accept the Informal Settlement in case 01-011. Roll call vote was as follows Hughes, aye; Leestamper, aye; Woline, aye; Rank, aye; Miller, aye.

Rank moved, seconded by Leestamper to close cases 01-025, 01-043 and 01-018 with no violation. Roll call vote was as follows Hughes, aye; Leestamper, aye; Woline, aye; Rank, aye; Miller, aye.

Rank moved, seconded by Leestamper to find probable cause in cases 01-082 & 01-083. Roll call vote was as follows Hughes, aye; Leestamper, aye; Woline, aye; Rank, aye; Miller, aye.

Hughes moved, seconded by Miller to reaffirm the decision previously made in case 01-015. Roll call vote was as follows Hughes, aye; Leestamper, aye; Woline, aye; Rank, aye; Miller, aye.

Leestamper moved, seconded by Hughes to approve the minutes of the June 20, 2001, meeting. Motion carried unanimously.

Future meeting dates were discussed. Miller and Leestamper will serve on the Investigative Committee meeting to be held on Wednesday, September 19, 2001. This date was changed from the original date of September 12.

Hughes moved, seconded by Leestamper to direct Hansen, with Griebel's review, to respond on behalf of the Commission to the requests for informal advice or opinion by Vincent D. Schaper, Attorney, and Lisa Yassinger, Attorney. Roll call vote was as follows: Hughes, aye; Leestamper, aye; Woline, aye; Rank, aye; Miller, aye. Motion carried unanimously

Griebel reported on her Executive Order # 8 involvement. She has reviewed and made suggestions on drafts of the first eight new chapters. The information utilized on a day-to-day basis by licensees will be much easier to read and understand once the Rules have been reorganized. As a reminder, when the Commission closes cases, they need to be very precise in articulating the reasons for closing cases. The thorough orders will need to be available in case Judicial Review is sought regarding any case closed by the Commission or any other licensing board.

Hughes expressed concern that by today's standards the $1000 limit Commission assessed civil penalties is too low to be effective. He recommended that the Commission consider taking steps necessary to raise the limit.

Griebel advised that legislation would be required to change the civil penalty limit.

Hughes moved, seconded by Miller to put consideration of Commission proposed legislative change to raise the civil penalty limit on the agenda for September 20, 2001. Motion carried unanimously.

Hansen reported that Executive Order 8 is progressing and noted that input is continuing to be solicited relating to the new proposed chapters. Tim Meline, Paul McLaughlin, and Pam Griebel have provided immense input, according to Hansen.

Griffel reported that an Instructor Development Workshop will be held on Friday and Saturday, August 11 and 12. Speakers will address the proposed new rules, Megan's Law, and drugs and the real estate agent.

Paul McLaughlin reported on various association activities and upcoming meetings. He also indicated that the association is working to get every local board computerized.

Hughes moved, seconded by Leestamper to adjourn the meeting at 12:00 pm. Motion carried unanimously.