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2004 Meeting Minutes

Iowa Real Estate Commission
1920 SE Hulsizer Road
Ankeny, IA 50021
December 02, 2004

COMMISSION MINUTES

Present: James Hughes, Chair, James O'Neill, Vice Chair, Patty Daniels, Laurie Dawley and Donald Marple.

Others Present: Roger Hansen, Executive Officer; Pam Griebel, Assistant Attorney General; Susan Griffel, Education Director; Sylvia King, Staff, Bill Herman, Investigator and Jeff Evans, Staff.

Public: Paul McLaughlin (Iowa Association of Realtors).

The meeting was called to order at 9:01 a.m.

MINUTES

Motion made by Dawley, second Daniels, to approve October 28, 2004 minutes, with the following changes: Under "Commission Reports" section, add the sentence "Dawley spoke to the Skogman Commercial Group at a well-attended meeting." Motion carried unanimously.

MEETING SCHEDULE

Future IREC meetings are scheduled as follows:

Commission Meetings: Investigative Committee Meetings:

Thursday, January 13, 2005 Wednesday, January 12, 2005
(Daniels and O'Neill)
Thursday, February 24, 2005 Wednesday, February 23, 2005
Thursday, April 14, 2005 Wednesday, April 13, 2005
Thursday, May 26, 2005 Wednesday, May 25, 2005
Thursday, July 14, 2005 Wednesday, July 13, 2005
Thursday, September 15, 2005 Wednesday, September 14, 2005
Thursday, November 3, 2005 Wednesday, November 2, 2005
Thursday, December 8, 2005 Wednesday, December 7, 2005

COMMUNICATION

Griffel briefed Commisison members on correspondence received from John White, Clinton Board of Realtors. In his letter to IREC, Mr. White requested approval of non-real estate related computer instruction courses (i.e. Power Point, Excel, etc.) for real estate continuing education credit as electives. Some discussion followed, with Commission members agreeing such courses should not count for continuing education credit.

CLOSED SESSION

Motion made by Dawley, second Marple, to enter into closed session pursuant to Iowa Code 21.5(1)(d) and 21.5 (1)(f). Roll call vote as follows: Hughes, aye; O'Neill, aye; Daniels, aye; Marple, aye and Dawley, aye. Commission entered into closed session at 9:17 a.m. and returned to open session at 12:05 p.m.

CASE REVIEW

Hughes recused himself from discussion of Case 04-117 and the roll call vote for recommendation of action on said case.

Motion made by Dawley, second Marple, to approve salesperson application on Cases 04-139. Motion carried unanimously.

Motion made by Dawley, second Daniels, to close Cases 04-083, 04-054,
04-100, 04-070, 04-079, 04-071, 03-057, 04-127, 04-125, 04-099, 04-040,
04-133, 04-134, 04-135, 04-140, 04-142, 04-050, 04-095, 04-096, 04-117,
A04-106, A04-120, A04-122 and A04-146. Motion carried unanimously.

Motion made by Dawley, second Marple, to find probable cause on Cases
04-111, 04-101, 04-068 and A04-089. Motion carried unanimously.

COMMISSION REPORTS

Hughes briefed Commision members on an anonymous complaint he received concerning unlicensed persons (auctioneers) advertising the selling of real estate. Hansen advised members that none of the auctioneers mentioned in the complaint are licensed with IREC. Dawley asked if the persons in question could be contacted and asked to be specific in their advertising material in regards to closing requirements (use of a broker and/or attorney to handle closing arrangements). Hansen will notify the auctioneers as requested.

Dawley reported she spoke with Dan Cornelison (Iowa Realty, Inc.), Susan Boe (private attorney) and Rick Skogman (real estate broker), who requested a lunch meeting to discuss issues relating to the task force as proposed at the October 28, 2004, meeting. Griebel then gave members an informative briefing and circulated an information paper to the Commission, which provided direction on separate functions under 2003 Iowa Code Sections 17A.17(8), 17A.11(3), 17A.17(7), 17A.17(1)(2) and 17A.17(4).

STAFF REPORTS

Griffel reported the next professional newsletter is due out in January 2005. She thanked Hughes for his article submission, and encouraged all Commission members to provide input/articles for future issues.

King reported of the 3600+ renewals mailed, 652 have responded and renewed to date.

Hansen reported complaints continue to come in, with staff responding as quickly as possible to this year's record numbers.

PUBLIC COMMENT

McLaughlin reported on current legislative agenda items and an ongoing lawsuit against Agentsbeware.com.

McLaughlin reported the next Iowa Association of Realtors meeting is scheduled for December 7-9, 2004, at the Association building.

MEETING ADJOURNED

Motion made by Daniels, second O'Neill, to adjourn. Motion carried unanimously. Meeting adjourned at 1:40 p.m.


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