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2004 Meeting Minutes


January 15, 2004


Present: James Hughes, Chair; James O'Neill, Dorothy Woline; Patty Daniels; Laurie Dawley

Others Present: Roger Hansen, Executive Officer; Pam Griebel, Assistant Attorney General; Susan Griffel, Education Director; Jeff Evans, Trust Account Auditor; Sylvia King, Staff

Public: Paul McLaughlin, Iowa Association of Realtors

The meeting was called to order at 9:00 a.m.

Motion made by O'Neill, second Daniels, to enter into closed session pursuant to Iowa Code 21.5(1)(d) and 21.5 (1)(f). Roll call vote as follows: O'Neill, aye; Woline, aye; Daniels, aye; Dawley, aye and Hughes, aye. Motion carried unanimously. Commission entered into closed session at 9:10 a.m. and arose therefrom at 10:40 a.m.

Motion made by Daniels, second Woline, to accept informal settlement on Cases 03-003 and 02-078. Motion carried unanimously.

Motion made by Dawley, second Daniels, to close cases 03-093, 03-102, 03-101, 03-140, 03-086, 03-139, 03-047, 03-081, 03-064, 03-114, 03-108, 03-103, 03-128 and 03-129. Motion carried unanimously.

Motion made by Dawley, second O'Neill, to approve November 19, 2003 minutes with corrections noted. Motion carried unanimously.

Commissioner reports.
Woline suggested reporting complaint statistics in the newsletter and or posted on the IREC website to reflect the numbers of complaint cases received and investigated verses number resulting in formal discipline.

Hughes offered to cover this topic with data in an article in a newsletter.

Tentative IREC meetings are scheduled as follows:

Commission Meetings: Investigative Committee Meetings:
Thursday, February 26, 2004 Wednesday, February 25, 2004 (O'Neill, Hughes)
Thursday, April 22, 2004 Wednesday, April 21, 2004 (Daniels, Dawley)
Thursday, May 27, 2004 Wednesday, May 26, 2004
Thursday, July 15, 2004 Wednesday, July 14, 2004
Thursday, September 16, 2004 Wednesday, September 15, 2004
Thursday, November 4, 2004 Wednesday, November 3, 2004
Thursday, December 9, 2004 Wednesday, December 8, 2004

Hughes opened the discussion on licensees acting as dual agent and a principal purchasing a listed property, with Dawley joining to present concerns. Discussion followed with input by all commission members and Griebel. It was concluded that the practice did not appear to be specifically prohibited by current Iowa real estate license law and rules and additional research is needed before assessing the need to change current rules.

Griffel presented recommended rule changes that would require salespersons becoming brokers to take 36 additional hours of training (12 hours listing practices, 12 hours buying practices and 12 hours developing professionalism and ethical practices).
Woline moved, second Daniels, to approve the proposed rule changes to file as Notice of Intended Action. Motion carried unanimously.

Griebel reported since the November 19, 2003 meeting she met with Paul McLaughlin, IAR and Susan Boe, Attorney concerning proposed rule changes relating to trust account interest. Griebel presented proposed rule changes to clarify trust account interest requirements when interest is paid other than to the state.
O'Neill moved, second Dawley, to approve the proposed rule changes to file as Notice of Intended Action. Motion carried unanimously.

Hughes reported he is scheduled to be on the program for the next regular meeting of the Dubuque Board of Realtors on January 22, 2004.

Hughes reported on the Board Chairs meeting with Secretary of State Culver and staff he attended on January 14, 2004. The presentation involved display of technology being utilized. Estimates of costs and responsibility for costs associated with changes necessary before the Division could take advantage of the technology were not available. Pros and cons were discussed by all Board Chairs present, with no immediate resolution requested, or made after it was determined that it would take a law change before the possibility of placing the Division of Professional Licensing under the Secretary of State Office would exist.

Evans reported questionnaires are out to approximately 33% of Iowa counties. He will begin conducting audits on January 20, 2004.

Hansen reported attendance at the recent ARELLO conference in Denver. Topics covered included federal government preempting real estate licensing requirements and developing agendas for upcoming meetings.

Public comment.

McLaughlin reported the dates for the IAR convention in Cedar Rapids had changed to October 11-14, 2004. He also reported the IAR magazine distribution will change from quarterly to monthly and the next IAR Legislative Committee meeting is scheduled for February 17, 2004.

Motion made by Woline, second Daniels, to adjourn. Motion carried unanimously.

Meeting adjourned at 12:30 p.m.


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