Iowa Real Estate Commission
1920 SE Hulsizer Road
Ankeny, IA 50021
February 26, 2004

COMMISSION MINUTES

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; Sylvia King, Staff

Public: Paul McLaughlin, Iowa Association of Realtors

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

CLOSED SESSION

Motion made by Daniels, second Dawley, 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. Commission entered into closed session at 9:10 a.m. and arose therefrom at 10:15 a.m.

CASE REVIEW

Motion made by Daniels, second Woline, to accept informal settlement on Cases 02-095, 03-077, 03-029, 02-058 and 02-088. Roll call vote as follows: O'Neill, aye; Woline, aye; Daniels, aye; Dawley, aye and Hughes, aye.

Motion made by Daniels, second Woline, to close cases 03-104, 03-115, 03-144, 03-137, 02-086, 03-031, 02-016, 02-074 and 03-136. Roll call vote as follows: O'Neill, aye; Woline, aye; Daniels, aye; Dawley, aye and Hughes, aye.

Motion made by O'Neill, second Dawley, to find probabe cause in Case 03-085. Roll call vote as follows: O'Neill, aye; Woline, aye; Daniels, aye; Dawley, aye and Hughes, aye.

Hughes commented on the number of requests to reschedule informal discussions. Hansen recommended continuing to evaluate requests on a case-by-case basis. Griebel concurred and suggested possible revision of the invitation letter to address the issue. Hansen will continue to monitor and report back.

MINUTES

Motion made by Dawley, second Daniels, to approve January 15, 2004 minutes. Motion carried unanimously.

TENTATIVE MEETING SCHEDULE

Future IREC meetings are scheduled as follows:

Commission Meetings: Investigative Committee Meetings:
Thursday, April 22, 2004 Wednesday, April 22, 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

COMMISSIONER REPORTS

Hughes reported that he was on the program at the Tama County Board of Realtors and Dubuque Board of Realtors in January. Issues raised by attendees included license discipline and trust account requirements. Hughes encouraged other Commission members to attend meetings of this nature if invited.

Woline expressed her continued concern about not having a standard purchase agreement form. Discussion followed that included inherent problems with an undertaking of this nature and suggested alternatives.

ASSISTANT ATTORNEY GENERAL REPORTS

Griebel reported on case law relating to a licensee acting as a fiduciary and principal in the same transaction. Key issues centered on the resulting conflicts. Griebel indicated the issues are complicated and the Commission would need to research and solicit a great deal of input before considering specific rule or law changes. Current law and rules have been sufficient to discipline when warranted.

Hansen indicated when time permitted, he would try to obtain information on other jurisdictions experiences with this issue and report back to the Commission at a later date.

STAFF REPORTS

Griffel reported on the Notice of Intended Action regarding recommended changes to broker prelicense education requirements. The proposed changes will be printed in the next newsletter.

Hansen reported the Division has been busy preparing and providing financial impact statements estimating the resulting costs of proposed legislation, that included possible new enforcement requirements for the Commission and the licensing of new professions under the Division.

The Division has also been involved in resolution of technology issues relating to the mainframe and online renewal, including billings and payments.

Hansen reported in general the number of complaints is up, but the addition of new staff is assisting complaint processing.

PUBLIC COMMENT

McLaughlin reported the IAR Legislative Day at the Capitol was attended by approximately 425 members.

McLaughlin mentioned several bills of interest to the profession that the IAR was following, including a lead free house certification; hog lot issues; tax on professional fees, and changes in auctioneer exemption.

Motion made by O'Neill, second Daniels, to adjourn. Motion carried unanimously. Meeting adjourned at 11:50 a.m.

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