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2006 Meeting Minutes

Iowa Real Estate Commission
1920 SE Hulsizer Road
Ankeny, IA 50021
May 25, 2006

MINUTES

Present: James Hughes, Chair; James O'Neill, Dan Berry, Laurie Dawley, Lori Diehl, Patty Daniels 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 9:08 a.m.

CLOSED HEARING --Case No. 06-021

Respondent appeared with attorney. Respondent's attorney requested a closed hearing. Motion by Dawley, second by Marple to go into closed session pursuant to Iowa Code 21.5(1)(a) to conduct the hearing in Case 06-021. Roll call vote as follows: Hughes, aye; O'Neill, aye; Marple, aye; Diehl, aye; Dawley, aye; Berry aye: and Daniels, aye. Motion carried unanimously. The Commission entered into closed session at 9:11 a.m.

Administrative Law Judge Margaret LaMarche conducted the hearing on Case
06-021, which was recorded by Peterson Court Reporting Service. At the conclusion of the hearing, the Commission elected to deliberate after the next scheduled hearing. The meeting returned to open session at 9:45 a.m.

CLOSED HEARING -Case No. 03-147

Respondent appeared with attorney. Respondent's attorney requested a close hearing. Motion by O'Neill, second by Diehl to go into closed session pursuant to Iowa Code 21.5(1)(a) to conduct the hearing in Case 06-021. Roll call vote as follows: Hughes, aye; O'Neill, aye; Marple, aye; Diehl, aye; Dawley, aye; Berry aye: and Daniels, aye. Motion carried unanimously. The Commission entered into closed session at 9:50 a.m.

Administrative Law Judge Margaret LaMarche conducted the hearing on Case
03-147, which was recorded by Peterson Court Reporting Service. At the conclusion of the hearing, the Commission returned to open session at 12:45 p.m.

CLOSED SESSION DELIBERATIONS -Case No. 03-147

Berry moved, 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; Dawley, aye; Marple, aye; Diehl, aye; Berry, aye; and Daniels aye. Motion carried unanimously. Commission entered into closed session at 1:12 p.m. and returned to open session at 1:45 p.m.

Upon return to open session, Dawley moved, second Marple, to direct Judge LaMarche to draft a finding of fact, decision and order in accordance with the closed session deliberations. Motion carried unanimously.

CLOSED SESSION DELIBERATIONS -Case No. 06-021

Dawley moved, second Diehl, to enter into closed session pursuant to Iowa Code 21.5(1)(d) and 21.5(1)(f) to deliberate on Case 06-021. Roll call vote as follows: Hughes, aye; O'Neill, aye; Dawley, aye; Marple, aye; Diehl, aye; Daniels, aye and Berry, aye. Motion carried unanimously. Commission entered into closed session at 1:45 p.m. and returned to open session at 2:25 p.m.

Once in open session, Marple moved, second Daniels, to direct Judge LaMarche to draft a finding of fact, decision and order in accordance with closed session deliberations. Motion carried unanimously.

CLOSED SESSION

Motion made by Daniels, 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; Daniels, aye and Berry, aye. Commission entered into closed session at 2:36 p.m. and returned to open session at 4:00 p.m. Berry recused himself from discussion on complaint case number 06-065.
Page 3
Minutes
May 25, 2006

INFORMAL SETTLEMENTS

Motion made by Dawley, second Daniels, to accept informal settlements in Cases 06-025, A06-001, 06-003, A06-006, 06-026, 06-012, 05-113 and 06-029. Motion carried unanimously.

FINDING OF FACT, DECISION AND ORDER

Motion made by Daniels, second Berry, to accept Finding of Fact, Decision and Order on Case A05-010. Motion carried unanimously.

CASE REVIEW

Motion made by Dawley, second Berry, to close Cases 05-172, 05-183, 06-027, 06-030, 06-034, 06-035, 06-036, 06-039, 06-041, 06-055, 06-071, A06-008 and 06-074. Motion carried unanimously.

Motion made by Dawley, second O'Neill, to find probable cause on Cases 05-170, 06-038, 06-062, 06-064, 06-070, 06-072, 06-044, 06-045, 06-046, 06-047, 06-049, 06-051, 06-054, 06-063, 06-075, 06-065, A06-007, A06-009, A06-010 and 06-077. Motion carried unanimously except Berry abstained on Case 06-065.

MINUTES

Motion made by Marple, second O'Neill, to approve April 16, 2006, minutes. Motion carried unanimously.

MEETING SCHEDULE

Future IREC meetings are scheduled as follows:

Commission Meetings: Investigative Committee Meetings:

Thursday, July 13, 2006 Wednesday, July 12, 2006
(Daniels, Dawley and Berry)
Thursday, September 14, 2006 Wednesday, September 13, 2006
Thursday, November 2, 2006 Wednesday, November 1, 2006
Thursday, December 7, 2006 Wednesday, December 6, 2006

COMMISSIONER REPORTS

Hughes reported he and Hansen appeared on the program for the Bremer County Board of Realtors meeting on May 9, 2006 in Waverly, Iowa.

STAFF REPORTS

Evans reported he spoke to the Danville Board of Realtors recently to address questions on trust accounts.

MEETING ADJOURNED

Motion made by Dawley, second Marple, to adjourn. Motion carried unanimously. Meeting adjourned at 4:10 p.m.



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