Iowa Professional Licensing Division Real Estate Salespersons and Brokers Photo Header

Architects

Accountants

Engineers & Land Surveyors

Landscape Architects

Real Estate Appraisers

Real Estate Sales & Brokers

Professional Licensing Home
About the Real Estate Commission
Commission Members
Contact Commission Staff
Frequently Asked Questions
Map and Driving Directions
to Our Office
Schools

Code of Iowa

Law Index -- Real Estate License Related Law

Administrative Rules

Chapter 193E Real Estate Brokers and Salespersons Index with links to each chapter (PDF)
Chapter 193E Real Estate Brokers and Salespersons Analysis full text (PDF)
Rule Changes --193E Real Estate Brokers and Salespersons

2005 Commission Meeting


IOWA REAL ESTATE COMMISSION
1920 SE Hulsizer
Ankeny, Iowa 50021
COMMISSION MEETING

July 14, 2005
Second Floor Conference Room
9:00 A.M.

Tentative Agenda

Present: Laurie Dawley, Vice Chair; James O'Neill; Patty Daniels; Lori Diehl, E. Karl Reichert and Donald Marple.

Others Present: Roger Hansen, Executive Officer; John Lundquist, Assistant Attorney General; Jeff Evans, Auditor and Sylvia King, Staff.

Public: Paul McLaughlin (Iowa Association of Realtors).

The meeting was called to order at 9:12 a.m.

INTRODUCTION OF NEW COMMISSIONERS

Commissioners Lori Diehl and E. Karl Reichert were introduced to Commission and Staff.

MINUTES

Motion made by O'Neill, second Marple, to approve June 16, 2004 minutes as written. Motion carried unanimously.

MEETING SCHEDULE

Future IREC meetings are scheduled as follows:

Commission Meetings: Investigative Committee Meetings:

Thursday, September 7, 2005 Wednesday, September 8, 2005
(Marple, Dawley and Diehl)
Thursday, November 3, 2005 Wednesday, November 2, 2005
((Hughes, Daniels and Reichert)
Thursday, December 8, 2005 Wednesday, December 7, 2005

PUBLIC COMMENT

McLaughlin reported that fingerprinting of new applicants is ongoing with no complaints or issues of note.

McLaughlin then stated that the five major companies known to do referrals and rebates (i.e. Lending Tree), were subject to new Code change passed by the Legislature which became effective July 1, 2005. He added that if problems develop, rule making and or a request for declaratory order maybe needed to clarify the intent.

In closing, McLaughlin reminded Commission members that the next IAR convention is scheduled for September 2005.

CLOSED HEARING

Administrative Law Judge Margaret LaMarche conducted a closed hearing upon request by the Respondent's Attorney on Case 03-131 and 04-092, commencing at 9:35 am and concluding at 12:40 pm. The Meeting returned to open session.

Marple moved, second Daniels, to enter into closed session pursuant to Iowa Code 21.5(1)(f) to deliberate. Roll call vote as follows: O'Neill, aye; Daniels, aye; Marple, aye; Diehl, aye; Reichert, aye and Dawley, aye. Motion carried unanimously. The Commission entered into closed session at 12:55 p.m. and returned to open session at 2:15 pm. Daniels moved, second O'Neill, to request the Administrative Law Judge to draft a decision for Commission review consistent with the Commission's deliberations. Motion carried unanimously.

CLOSED SESSION

Motion made by Marple, second O'Neill, to enter into closed session pursuant to Iowa Code 21.5(1)(d) and 21.5 (1)(f) to discuss applications and open complaint cases. . Roll call vote as follows: O'Neill, aye; Daniels, aye; Marple, aye; Diehl, aye; Reichert, aye and Dawley, aye. Commission entered into closed session at 2:28 pm and returned to open session at 4:17 pm.

SALESPERSON APPLICATION

Motion made by Daniels, second Marple, to approve salesperson applications on Case 05-082 and 05-087. Roll call vote as follows: O'Neill, aye; Marple, aye; Dawley, aye and Daniels, aye. Diehl and Reichert abstained from discussion and voting. Motion carried unanimously.

Motion made by O'Neill, second Daniels, to deny salesperson application on Cases 05-089 and 05-057. Roll call vote as follows: O'Neill, aye; Marple, aye; Dawley, aye and Daniels, aye. Diehl and Reichert abstained from discussion and voting. Motion carried unanimously.

CASE REVIEW

Motion made by Marple, second Daniels, to close Cases 05-021, 05-023, 05-052, 05-051, 05-064 05-065, 05-067, 05-069, 05-059, 05-066, 05-063, 05-068, 05-061 and 04-056. Diehl and Reichert abstained from discussion and voting. Motion carried unanimously.

Motion made by Daniels, second Marple, to find probable cause on Cases
05-025 and 04-165. Diehl and Reichert abstained from discussion and voting. Motion carried unanimously.

Motion made by Dawley, second O'Neill, to accept informal settlements on Case 04-051. Diehl and Reichert abstained from discussion and voting. Motion carried unanimously.

ADMINISTRATIVE RULES

Hansen distributed copies of proposed administrative rule changes, specifically 193E-3.3(543B)3.3(3); 193E-3.6(272C, 543B)3.6(5); 193E-4.3(543B)4.3(3) and 193E-4.6(272C, 543B)4.6(5). Motion made by Marple, second Daniels to adopt the proposed changes as written. Motion carried unanimously.

In addition, the Commission approved proposed language adding new item number 16 to the sample language form contained in IAC 193E-14.1(6) to require restrictive covenants be included in the minimum contents for all seller property condition disclosure statements. Motion made by Marple, second O'Neill to approve changes as written to file as Notice of Intended action. Motion carried unanimously.

COMMISSION REPORTS

No reports.

STAFF REPORTS

Hansen distributed copies of the fingerprint packet used by Commission Staff for new applicants, stating the process and enforcement of the requirement was in place by the July 1, 2005 effective date of the law.

Evans reported audits continue on schedule and reported that he has been approved to attend the ARELLO Advanced Investigator Training Workshop in August 2005.

Bill Schroeder, Acting Administrator for the Professional Licensing and Regulation Division, greeted Commissioners and briefed them on the implementation of background checks, and the resulting reassignment of staff and duties. He also commented new office space requirements and efforts to meet space needs.

ASSISTANT ATTORNEY GENERAL'S REPORT

Lundquist reviewed Commission member rules and responsibilities, highlighting issues of confidentiality, open versus closed meetings, the open meetings law and gift laws.

MEETING ADJOURNED

Motion made by Marple, second Diehl, to adjourn. Motion carried unanimously. Meeting adjourned at 4:45 pm.


If you require the assistance of auxiliary aids or services to participate in or attend the meeting because of a disability, please call our ADA Coordinator at (515) 281-7468, if you are hearing impaired, call Relay Iowa TTY at 1-800-735-2942.

Map to our Office
Comments/Report Bad Links

Get Adobe Acrobat Reader

Copyright 2002 The State of Iowa. All Rights Reserved. Privacy Statement.