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Iowa Real Estate Commission
1920 SE Hulsizer Road
Ankeny, IA 50021
Meeting via Teleconference
May 26, 2005
MINUTES
Present: James Hughes, Chair; James O'Neill, Vice Chair; Patty Daniels, Laurie Dawley and
Donald Marple.
Others Present: Roger Hansen, Executive Officer; John Lundquist, Assistant Attorney
General; Susan Griffel, Education Director and Jennifer Morrison, Staff.
Public: Paul McLaughlin (Iowa Association of Realtors)
The meeting was called to order at 9:07 a.m.
CLOSED SESSION
Motion 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: O'Neill, aye; Marple, aye; Daniels,
aye; Dawley, aye and Hughes, aye. Commission entered into closed session at 9:12 a.m. and
returned to open session at 12:56 p.m. by motion made by O'Neill, second Marple. Dawley
recused herself from 04-148 and 04-150 and left the room during the discussion of those
cases.
SALESPERSON APPLICATION
Motion by Marple, second Dawley to approve the Salesperson Application in case number
05-043. Roll call vote as follows: O'Neill, nay; Marple, aye; Daniels, nay; Dawley, aye;
and Hughes aye. Motion carried.
Motion by Dawley, second O'Neill to deny the Salesperson Applications in case numbers,
05-057 and 05-062. Roll call vote as follows: O'Neill, aye; Marple, aye; Daniels, aye;
Dawley, aye; and Hughes aye. Motion carried unanimously.
CASE REVIEW
Motion by Marple, second O'Neill, to accept informal settlements in Cases
04-115 and A04-066, and the Findings of Fact, Conclusions of Law, Decision and Order in
case A04-089. Roll call vote as follows: O'Neill, aye; Marple, aye; Daniels, aye; Dawley,
aye; and Hughes aye. Motion carried unanimously.
Motion by Dawley, second O'Neill, to close Cases 04-126, 05-040,
05-030, 05-045, 05-051, 05-052, 04-154, 04-155, 05-060, 04-057, 04-058, 04-061, 05-047,
A05-001, A05-004, and A05-008. Motion carried unanimously.
Motion by Dawley, second O’Neill, to find probable
cause in Cases 04-156, 04-157, A05-003, A05-009, and A05-010. Motion carried unanimously.
Motion by Marple, second by Daniels to close Cases 04-148 and 04-150. Motion carried
unanimously. Dawley abstained from vote.
ELECTION OF OFFICERS
Motion by O'Neill, second Daniels, to elect Hughes for an additional term as chair.
Motion carried unanimously.
Motion by Daniels, second Marple to elect Dawley as vice chair. Motion carried
unanimously.
MINUTES
Motion by Dawley, second O'Neill, to approve April 14, 2005 minutes as amended. Motion
carried unanimously.
MEETING SCHEDULE
Future IREC meetings are scheduled as follows:
Commission Meetings: Investigative Committee Meetings:
Thursday, June 16, 2005 Wednesday, June 15, 2005
(Dawley & Hughes)
Thursday, July 14, 2005 Wednesday, July 13, 2005
(Daniels & O'Neill)
*Thursday, September 8, 2005 *Wednesday, September 7, 2005
Thursday, November 3, 2005 Wednesday, November 2, 2005
Thursday, December 8, 2005 Wednesday, December 7, 2005
*Note Schedule Change
ADMINISTRATIVE RULES
Motion by Dawley, second Daniels, to adopt proposed amendment to IAC 193E filed as
Notice of Intended Action ARC # 4052B adding new Chapter 21, Enforcement Proceedings
Against Unlicensed Persons. Roll call vote as follows: O'Neill, aye; Marple, aye; Daniels,
aye; Dawley, aye; and Hughes aye. Motion carried unanimously.
INFORMAL REQUEST
Discussion regarding electronic storage of files submitted by Randall Hertz. Current
Iowa law and rules do not address electronic storage specifically. Licensees should be
cautious if implementing electronic storage as there is a risk of violation should
requirements be established in the future.
COMMISSION REPORTS
O'Neill commented that he will be attending the ARELLO conference.
Marple discussed restrictive covenant disclosure. Marple will provide Hansen with the
additional information he has gathered for consideration on the June agenda.
Dawley informed the commission that on July 19, 2005, she will be
speaking at a continuing education seminar sponsored by NBI entitled
Advanced Real Estate Law in Iowa. Dawley's topic is on liens and credit
issues in bankruptcy.
Hughes commented on a recent visit to Northeast Iowa with the local board of Realtors
in that area.
STAFF REPORTS
Griffel stated that a recent Instructor Development Workshop went well and had
approximately 34 people in attendance.
Evans commented that pending approval, that he will be attending the ARELLO Advanced
Investigator Training in Louisville, Kentucky.
Evans also reported that approximately 30 trust account audits are completed each
month.
Hansen reported on the new law requiring fingerprinting of all new applicants that will
be effective July 1, 2005, leaving very little time to get the process established.
Applications for licensure received or postmarked after the June 30, 2005, will be
returned informing the applicant of the new requirement.
Hansen also reported two new people have been appointed to the Commission effective
July 1, 2005.
ASSISTANT ATTORNEY GENERAL'S REPORT
Lundquist commented that Governor Vilsack signed the Minimum Service Bill.
Lundquist also provided an update of legal action taken by the
U.S. Department of Justice against the State of Kentucky and the National
Association of Realtors.
MEETING ADJOURNED
Motion made by Daniels, second Dawley, to adjourn. Motion carried unanimously. Meeting
adjourned at 1:45 p.m.
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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