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2005Meeting Minutes

Iowa Real Estate Commission
1920 SE Hulsizer Road
Ankeny, IA 50021
Meeting
November 3, 2005

MINUTES

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

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

Public: Paul McLaughlin (Iowa Association of Realtors).

The meeting was called to order at 9:13 a.m.

CLOSED SESSION

Motion made by Dawley, 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: Hughes, aye; O'Neill, aye; Daniels, aye; Marple, aye; Diehl, aye; Reichert, aye and Dawley, aye. Motion carried unanimously. Commission entered into closed session at 9:20 a.m. and returned to open session at 9:31 a.m.

HEARING

Administrative Law Judge Jeff Farrell conducted a public hearing on Case
05-106, recorded by Peterson Court Reporting Service, which commenced at 9:40 a.m. and concluded at 10:35 a.m.

CLOSED SESSION

After hearing all arguments, motion made by Dawley, second O'Neill, to enter into closed session pursuant to Iowa Code 21.5(1)(d) and 21.5(1)(f) to deliberate. Roll call vote as follows: Hughes, aye; O'Neill, aye; Daniels, aye; Marple, aye; Diehl, aye; Reichert, aye and Dawley, aye. Motion carried unanimously. Commission entered into closed session at 10:35 a.m. and returned to open session at 11:11 a.m.

Motion made by Dawley, second Reichert, to direct Administrative Law Judge Farrell to write an order in accordance with the findings and decisions made in closed session. Roll call vote as follows: Hughes, aye; O'Neill, aye; Marple, aye; Dawley, aye; Diehl, aye; Reichert, aye and Daniels, aye. Motion carried unanimously.

CLOSED SESSION

Motion made by Dawley, second Reichert, to enter into closed session pursuant to Iowa Code 21.5(1)(d) and 21.5(1)(f) to discuss open complaint cases. Roll call vote as follows: Hughes, aye; O'Neill, aye; Daniels, aye; Marple, aye; Diehl, aye; Reichert, aye and Dawley, aye. Motion carried unanimously. Commission entered into closed session at 11:25 a.m. and returned to open session at 1:22 p.m.

SALESPERSON APPLICATIONS

Motion made by Dawley, second Marple, to approve salesperson applications on Cases 05-145, 05-144 (contingent upon payment of a $500 civil penalty), 05-116 (contingent upon payment of a $500 civil penalty), and 05-119 (contingent upon payment of a $2000 civil penalty). Roll call vote as follows: Hughes, aye; O'Neill, aye; Marple, aye; Dawley, aye; Diehl, aye; Reichert, aye and Daniels, aye. Motion carried unanimously.

Motion made by Dawley, second Marple, to deny salesperson applications on Case 05-089, 05-146 and 05-125. Roll call vote as follows: Hughes, aye; O'Neill, aye; Marple, aye; Dawley, aye; Diehl, aye; Reichert, aye and Daniels, aye. Motion carried unanimously.

CASE REVIEW

Motion made by Dawley, second Marple, to close Cases 05-054, 05-055, 05-012, 05-080, 05-094, 05-095, 05-096, 05-097, 05-098, 05-099, 05-102, 05-104, 05-108, 05-110, 05-117, 05-122, 05-126, 05-127, 05-128, 05-129, 05-132, 05-133, 05-134, 05-135, 05-140 A05-019 and A05-021. Roll call vote as follows: Hughes, aye; O'Neill, aye; Marple, aye; Dawley, aye; Diehl, aye; Reichert, aye and Daniels, aye. Motion carried unanimously.

Motion made by Dawley, second Daniels, to find probable cause on Cases
05-058, 04-167, 05-016, 05-121, 05-131, 05-153, 05-131, 05-088, 05-152,
A05-017, A05-018 and A05-020. Roll call vote as follows: Hughes, aye; O'Neill, aye; Marple, aye; Dawley, aye; Diehl, aye; Reichert, aye and Daniels, aye. Motion carried unanimously.

MINUTES

Motion made by Daniels, second Marple, to approve September 8, 2005 minutes. Motion carried unanimously.

MEETING SCHEDULE

Future IREC meetings are scheduled as follows:

Commission Meetings: Investigative Committee Meetings:

Wednesday, December 14, 2005 Tuesday, December 13, 2005
(Hughes, O'Neill and Diehl)
Thursday, January 12, 2006 Wednesday, January 11, 2006
Thursday, February 23, 2006 Wednesday, February 22, 2006
Thursday, April 13, 2006 Wednesday, April 12, 2006
Thursday, May 25, 2006 Wednesday, May 24, 2006
Thursday, July 13, 2006 Wednesday, July 12, 2006
Thursday, September 14, 2006 Wednesday, September 13, 2006
Thursday, November 2, 2006 Wednesday, November 1, 2006
Thursday, December 7, 2006 Wednesday, December 6, 2006

ADMINISTRATIVE RULES

Hansen distributed copies of the proposed rule change to 193E, Chapter 14, which added numbered item "16" addressing restrictive covenants to adopt. The amendment had been previously been filed as Notice of Intended Action and will become effective January 11, 2006.

Motion by Dawley, second by Marple, to adopt the proposed rule. Motion carried unanimously.

PUBLIC COMMENT

McLaughlin reported he recently returned from the NAR National Convention where program topics of interest included virtual offices, websites, and court cases involving licensure requirements and timeshare resale.

McLaughlin added the next IAR meeting is scheduled for December 6-8, 2005 at their offices in Clive, Iowa.

COMMISSION REPORTS

Marple suggested that Commission members appear at local board meetings to address requirement to report criminal history on both waiver forms and applications; main focus in doing so would be a preventive and enforcement measure to reduce confusion between the two forms. Hansen added staff, Lundquist, and he plan to review the forms to re-access for clarity.

STAFF REPORTS

King reported approximately 5,700 renewals will be mailed on or about November 18, 2005.

Batts reported on his various activities since coming to work for the division and distributed a report that included a status report on open investigations.

Hansen reported he and O'Neill attended the ARELLO conference in Toronto. The program was excellent and topics timely.

Hansen briefed the Commission on the building's current renovation project on behalf of the Professional Licensing Division.

Hansen added there are currently several open consent orders, cease and desist orders, and law and rule changes in various stages. More information to follow.

ASSISTANT ATTORNEY GENERAL'S REPORT

No report rendered.

MEETING ADJOURNED

Motion made by Dawley, second Marple, to adjourn. Motion carried unanimously. Meeting adjourned at 2:00 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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