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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.
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