Iowa Real Estate Commission
1920 SE Hulsizer Road
Ankeny, IA 50021
April 13, 2006
Present: James Hughes, Chair; James O'Neill, Dan Berry, Laurie Dawley, Lori Diehl and
Not Present: Patty Daniels
Others Present: Roger Hansen, Executive Officer; John Lundquist, Assistant Attorney
General; Dave Batts, Compliance Officer; Jeff Evans, Auditor; Sylvia King, Staff and Sandy
Public: Paul McLaughlin (Iowa Association of Realtors).
The meeting was called to order at 9:02 a.m.
Motion made by Marple, second Berry, to approve March 2, 2006, minutes. Motion carried
Future IREC meetings are scheduled as follows:
Commission Meetings: Investigative Committee Meetings:
Thursday, May 25, 2006 Wednesday, May 24, 2006
(Hughes, Diehl and Marple)
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
Hughes reported he and Hansen are scheduled to attend a Board of Realtors meeting on
May 9, 2006, in Sumner, Iowa.
O'Neill reported he attended the April ARELLO conference and will share materials and
additional information upon request.
Malek reported the FBI sent representatives to review current fingerprinting
procedures. Comments made by FBI staff included possible implementation of background
investigations on all staff with access to fingerprints, overview of administrative
processes, fingerprint rejection rates and general requirements for compliance.
Suggestions are being reviewed and will be implemented as necessary to ensure regulatory
Hansen reported he also attended the April ARELLO conference and noted new topics were
being introduced pertaining to mortgage brokers and appraisers, thereby broadening the
field and scope of interest.
Hansen reported HF 2632 passed, briefly noted areas effected, and distributed copies to
the Commission for their reference.
Hansen added the Division's renovation project continues.
McLaughlin reported the current newsletter was informative and well received by real
estate licensees, with specific interest in trust account issues.
He added the Iowa Supreme Court issued a ruling on a case involving licensee Larry
Stewart that pertained to collection of a commission without a written listing agreement.
Hansen added the Assistant Attorney General is aware of the case and may become involved
as a result of the decision.
McLaughlin added key provisions of the HF 2632 bill would allow the parties filing
legal actions for non-licensed real estate activities to collect attorney fees and it
exempted powers of attorney from seller property condition disclosure requirements. The
separate educational funding change bill is pending.
McLaughlin reported representatives of the IAR would go to Washington, D.C. in May 2006
to address key industry issues.
Lastly, McLaughlin stated IAR has a meeting scheduled in June 2006 and a golf outing in
July 2006, and invited all to attend.
Upon request by Respondent, the Commission entered into closed session at 9:34 a.m.
pursuant to Iowa Code 272C(1) for a scheduled hearing of Case
Administrative Law Judge Margaret LaMarche conducted a hearing on Case
A05-011, recorded by Peterson Court Reporting Service, which commenced at 9:34 a.m. and
concluded at 11:40 a.m. After hearing all arguments, motion made by Dawley, second Marple,
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; Dawley, aye; Marple,
aye; Diehl, aye and Berry, aye. Commission entered into closed session at 11:40 a.m. and
returned to open session at 12:16 p.m. Once in open session, Dawley moved, second Marple,
to direct Judge LaMarche to draft a finding of fact, decision and order in accordance with
closed session deliberations. Motion carried unanimously.
Motion made by Dawley, second O'Neill, to enter into closed session pursuant to Iowa
Code 21.5(1)(a) and 543B.52(1) for real estate applications and 21.5(1)(d) and 21.5(1)(f)
to discuss informal settlements, consent agreements/orders, finding of fact, decision and
order and open cases. Roll call vote as follows: Hughes, aye; O'Neill, aye; Marple, aye;
Dawley, aye; Diehl, aye and Berry, aye. Commission entered into closed session at 12:25
a.m. and returned to open session at 12:55 p.m.
REAL ESTATE APPLICATIONS
Motion made by Berry, second Diehl, to approve salesperson applications on Cases 06-024
(with stipulations), 06-031 (with stipulations) and 06-037. Roll call vote as follows:
Hughes, aye; O'Neill, aye; Marple, aye; Dawley, aye; Diehl, aye and Berry, aye.
Motion made by Diehl, second Berry, to deny renewal applications on Cases
06-009 and 05-186. Roll call vote as follows: Hughes, aye; O'Neill, aye; Marple, aye;
Dawley, aye; Diehl, aye and Berry, aye.
Motion made by Berry, second Diehl, to accept informal settlements in Cases
06-018, 06-013, 05-100, 05-038, 05-181, A06-002, A05-022 and A06-004. Motion carried
Motion made by Diehl, second Berry, to close Cases 05-039, 05-167, 05-168,
06-001, 06-008, 06-014, 06-022 and 06-023. Motion carried unanimously.
Motion made by Diehl, second Berry, to find probable cause on Cases 06-002, 06-003,
03-077, 06-012, 06-026, 06-028, 06-029, A06-005 and A06-006. Motion carried unanimously.
FINDING OF FACT, DECISION AND ORDER
Motion made by Diehl, second Berry, to accept Finding of Fact, Decision and Order on
Case 05-146. Motion carried unanimously.
O'Neill moved, second Berry, to nominate Hughes for Chair. Motion carried unanimously.
O'Neill moved, second Hughes, to nominate Dawley for Vice Chair. Motion carried
Motion made by Dawley, second Marple, to adjourn. Motion carried unanimously. Meeting
adjourned at 1:05 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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