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2006 Meeting Minutes

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

November 2, 2006

MINUTES

Present: James Hughes, Chair; James O'Neill, Dan Berry, Laurie Dawley, Lori Diehl, and Donald Marple.

Patty Daniels entered the meeting at 9:45 a.m.

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

Public: Paul McLaughlin (Iowa Association of Realtors).

The meeting was called to order at 9:05 a.m.

MINUTES

Motion made by Berry, second Marple, to approve September 14, 2006 and October 5, 2006, minutes. Motion carried unanimously.

MEETING SCHEDULE

Future IREC meetings are scheduled as follows:

Commission Meetings: Investigative Committee Meetings:

Thursday, December 7, 2006 Wednesday, December 6, 2006
Dawley, O'Neill and Daniels
Thursday, January 11, 2007 Wednesday, January 10, 2007
Thursday, February 15, 2007 Wednesday, February 14, 2007
Thursday, March 15, 2007 Wednesday, March 14, 2007
Thursday, April 19, 2007 Wednesday, April 18, 2007
Thursday, May 24, 2007 Wednesday, May 23, 2007
Thursday, June 28, 2007 Wednesday, June 27, 2007
Thursday, July 26, 2007 Wednesday, July 25, 2007
Thursday, September 13, 2007 Wednesday, September 12, 2007
Thursday, October 11, 2007 Wednesday, October 10, 2007
Thursday, November 15, 2007 Wednesday, November 14, 2007
Thursday, December 13, 2007 Wednesday, December 12, 2007

COMMISSIONER REPORTS

Hughes and Griffel reported they attended a meeting on October 25, 2006, with members of the IAR and the industry in an attempt to coordinate efforts in licensing requirements. Suggestions included combining the 60-hour course with the 36-hour post-license courses to have a 96-hour pre-license course. This would enable the continuing education to consist of 8 hours law update, 4 hours ethics and 24 hours of electives for all renewals, as opposed to separate requirements for first-timers versus second and subsequent renewals. Griffel reported the information would be put into the January newsletter and rule-making procedures made at the discretion of the Commission.

O'Neill reported he has been elected to serve as a Director for District 3 on the ARELLO board of Directors.

SCHEDULED HEARING

Administrative Law Margaret LaMarche conducted a hearing on Cases 04-164 and 06-009, recorded by Peterson Court Reporting Service, which commenced at 9:35 a.m. and concluded at 10:05 a.m. Respondent Leonard Fazio, was not present but was represented by counsel Kerry Gaines of Parrish, Kruidenier, Moss, Dunn, Boles, Gribble & Cook, LLP, Des Moines, Iowa, who appeared before the Commission and requested a closed hearing and a continuance. After discussion, Berry moved, second Marple, to grant a continuance to December 7, 2006. Roll call vote as follows: Hughes, aye; O'Neill, aye; Dawley, aye; Marple, aye; Diehl, aye; Daniels, and Berry, aye. Motion carried unanimously.

CLOSED SESSION

Motion made by O'Neill, second Dawley, 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 10:14 a.m. and returned to open session at 11:00 a.m.

FINDING OF FACT, DECISION AND ORDER

Motion made by Dawley, second Diehl, to accept Findings of Fact, Decision and Order on Case A05-009. Motion carried unanimously.

INFORMAL SETTLEMENTS

Motion made by Dawley, second Daniels, to accept informal settlements in Cases 06-129, 06-132, 06-139, 06-048, 06-141, 06-113, 06-134, 06-076, 06-137, 06-079, 06-144, A06-015, 06-124, 06-125 and 06-127. Motion carried unanimously.

CASE REVIEW

Motion made by Dawley, second Diehl, to close Cases 02-107, 05-178, 06-140, 06-152, 06-166, 06-177, 06-190, 06-197, 06-199, 06-136, 06-116, 06-149, 06-151, 06-160, 06-162, 06-169, 06-170, 06-178, 06-184, 06-195, 06-196, 06-198, 06-201, 06-142 and 06-143. Motion carried unanimously.

Motion made by Dawley, second Berry, to find probable cause on Cases 06-090, 06-167, 06-173, 06-174, 06-194, 06-179, 06-202, 06-204, 06-187, 06-146, 06-165, A06-021, A06-022, A06-023, A06-024, A06-025 and 06-066, and to issue cease and desist order in Case 06-186. Motion carried unanimously.

APPLICATION REQUESTS

Motion made by O'Neill, second Berry, to deny application requests in Cases 06-038, 06-078 and 06-085. Motion carried unanimously.

Motion made by Dawley, second Berry, to approve application in Case 06-191.
Motion carried unanimously.

STAFF REPORTS

Hansen reported work is ongoing with negotiating a lease for office space, and the Bureau may have to relocate as a result.

He added the Commission is short staff and will be interviewing and hiring personnel.

Batts reported the complaint numbers are higher than last year, with approximately 40 more complaints than at this time in November 2005.

Evans reported he recently represented the Commission at the Board of Directors Meeting of the Iowa Association of Realtors and the PSI Examination Question Review Meetings.

Griffel reported the results of the advisory committee meeting held at the Des Moines Botanical Center on October 25, 2006.

REAL ESTATE EXAMINATION

Griffel reported O'Neill, Daniels and Diehl would form a committee to review the exam contract and, following a teleconference, make a recommendation to the Commission.

PUBLIC COMMENT

McLaughlin reported the NAR convention is scheduled for next week and the IAR's Winter Meetings are scheduled for December 5-7, 2006.

He added the IAR Legislative Committee is considering various legislation proposals that includes reporting period for convictions, educational requirements, property taxes, septic tanks, and UNI funding.

MEETING ADJOURNED

Motion made by Diehl, second Marple, to adjourn. Motion carried unanimously. Meeting adjourned at 12:00 p.m.

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