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2004 Meeting Minutes


Iowa Real Estate Commission
1920 SE Hulsizer Road
Ankeny, IA 50021
June 17, 2004

COMMISSION MINUTES

Present: James O'Neill, Patty Daniels and Laurie Dawley.
Absent: James Hughes and Don Marple

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

Public: Paul McLaughlin (Iowa Association of Realtors) and Tim Erickson (Iowa Interactive)

The meeting was called to order at 9:05 a.m.

CLOSED SESSION

Motion made by O'Neill, 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; Daniels, aye and Dawley, aye. Commission entered into closed session at 9:05 a.m. and arose there from at 10:53 a.m.

CASE REVIEW

Motion made by Dawley, second O'Neill, to grant the salesperson application in
Case 04-068. Motion carried unanimously.

Motion made by O'Neill to close Cases 04-023 and 04-024. Motion failed due to lack of a second. Action deferred until next meeting.

Motion made by O'Neill, second Dawley, to accept informal settlements on Cases
03-142, 03-071 and 03-085. Motion carried unanimously.

Motion made by O'Neill, second Dawley, to accept informal settlement on Case 03-018

Motion made by O'Neill, second Dawley, to close Cases 03-033, 03-041, 03-116,
03-132, 04-001, 04-002, 04-007, 04-020, 04-025, 04-026, 04-028, 04-029 and 04-032. Motion carried unanimously.

Motion made by O'Neill, second Dawley, to find probable cause on Cases 03-110 and 04-012. Motion carried unanimously.

MINUTES

Motion made by Dawley, second O'Neill, to approve May 6, 2004 minutes. Motion carried unanimously.

ADMINISTRATIVE RULES

Motion made by O'Neill, second Dawley, to adopt administrative rule changes to Chapter 13 "Trust Accounts and Closings," previously filed Notice of Intended Action ARC # 3277B. Motion carried unanimously.

MEETING SCHEDULE

Future IREC meetings are scheduled as follows:

Commission Meetings: Investigative Committee Meetings:

Thursday, July 22, 2004 Wednesday, July 21, 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

NEW BUSINESS

David J. Mason, Attorney, Waterloo, Iowa. Request for waiver of salesperson and broker requirements based on licensure as an attorney to qualify to sit for the broker examination. Motion made by Dawley, second O'Neill, to deny Mason's request as presented. The Commission will allow substitution of the salesperson prelicense education to qualify to sit for the salesperson exam by no later than December 31, 2004. Motion carried unanimously.

Merlin G. Biretz, Waterloo, Iowa. Request for wavier of continuing education requirement to allow activation of an inactive status broker license. Motion made by Dawley, second O'Neill, to deny Bieritz' request as presented. The Commission will
1. Allow all 36 hours of continuing education completed through home study, 2. Grant an extension to December 31, 2004, to make up education requirements for 2003, and
3. Issue Bieritz' license active status as of today's date upon such terms and conditions as will be fully described in the Commission's ruling. Failure to meet the extension deadline will result in the automatic reversion of the license back to inactive status. Motion carried unanimously.

COMMISSION REPORTS

O'Neill reported he will attend the ARELLO Conference next week and report back to the Commission in July.

STAFF REPORTS

Hansen invited Tim Erickson, General Manager, Iowa Interactive, to update the Commission on the status of the Professional Licensing Division database conversion from Mainframe to the new web-based record system. He presented a visual demonstration of the new system and stated that the real estate licensing part of the project is approximately two weeks ahead of schedule. Erickson will continue to provide updates as they occur.

Hansen reported attending the IAR Board of Director's Meeting to update membership on Commission activities.

Evans provided the Commission with a report covering the results of trust account audits.

PUBLIC COMMENT

McLaughlin reported that except for possibly salesperson pre-license education, the IAR has historically not supported routine waiver or substitution of broker education or salesperson experience based solely on licensure as an attorney.

McLaughlin reported the next IAR meeting is scheduled for October 10-14, 2004, in Cedar Rapids, Iowa. He added that the national conference is scheduled for November
5-8, 2004, in Orlando, Florida.

McLaughlin reported that IAR is considering support of legislation that would change the maximum amount of broker's funds in the real estate trust account from $500 to $1000 or more. The change would allow brokers the ability to meet a bank's minimum deposit requirements and eliminate or reduce banking service charges and fees.

MEETING ADJOURNED

Motion made by Dawley, second O'Neill, to adjourn. Motion carried unanimously. Meeting adjourned at 12:30 p.m.

 

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