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Iowa Real Estate Commission
1920 SE Hulsizer Road
Ankeny, IA 50021
December 7, 2006
MINUTES
Present: James Hughes, Chair; Dan Berry, Laurie Dawley, Patty Daniels, Donald Marple,
Jim O'Neill, Lori Diehl
Others Present: Roger Hansen, Executive Officer; John Lundquist, Assistant Attorney
General; David Van Compernolle, Assistant Attorney General; Dave Batts, Compliance
Officer; Jeff Evans, Auditor; Susan Griffel, Education Director Sandy Malek,
Administrative Assistant; and Dana Klisares, Administrative Assistant.
Public: Paul McLaughlin (Iowa Association of Realtors).
The meeting was called to order at 9:00 a.m. by Chair Hughes.
Hansen introduced Dana Klisares, Administrative Assistant and licensing specialist for
the Real Estate Commission.
MINUTES
Motion made by Dawley, seconded by O'Neill, to approve the November 2, 2006 and
November 20, 2006 minutes. Motion carried unanimously.
MEETING SCHEDULE
Future IREC meetings are scheduled as follows:
Commission Meetings: Investigative Committee Meetings:
Thursday, January 11, 2007 Wednesday, January 10, 2007
Dawley, O'Neill, Hughes
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 14, 2007
COMMISSIONER REPORTS
O'Neill expressed his appreciation to the Commission staff for their dedicated work.
Berry reported that he attended the recent IAR meeting and topics of interest included
predatory lending practices.
ASSISTANT ATTORNEY GENERAL'S REPORT
Lundquist reported he was on the program and also participated in the first ARELLO
workshop for attorneys.
STAFF REPORTS
Griffel thanked the committee that reviewed the bids for examination services. PSI was
awarded the bid. She also reported working on the next quarterly newsletter. Griffel is in
the process of drafting proposed rule changes for salesperson pre-license education
requirements.
Evans reported that he will be attending the IAR Board of Directors meeting this
afternoon.
Batts reported 236 complaint cases have been opened this year.
Hansen reported that two support staff vacancies have been filled just in time for the
current renewal period. He noted the continued lack of progress on negotiations for
leasing our current office space.
Hansen congratulated O'Neill on being elected to the ARELLO Board of Directors and
recognized the exam bid committee's hard work on a difficult and time consuming task. He
concluded with a reminder that starting January 1, 2007 the office will only accept the
new language version of the license application.
PUBLIC COMMENT
McLaughlin provided an update on IAR's upcoming meetings and an overview of changes the
IAR Legislative Committee is considering for the next session.
CLOSED SESSION
Motion made by Berry, seconded by Marple, 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; Marple, aye; Dawley, aye;
Daniels, aye; Berry, aye; O'Neill, aye; and Diehl, aye. Commission entered into closed
session at 9:18 a.m. and returned to open session at 11:22 a.m.
OPEN SESSION
Marple moved, seconded by Dawley, to return to open session. Motion carried
unanimously.
Dawley moved, seconded by Marple, to accept signed consents orders for the following
cases: 06-146; 06-202; 06-165, and 06-204. Motion carried unanimously.
Dawley moved, seconded by Berry, to deny licensure on cases: 06-126 and
06-172. Motion carried unanimously.
Dawley moved, seconded by Berry to find probable cause on the following cases: 06-212;
06-208; 06-216; 06-217; 06-218; 06-222; 06-223; 06-228; and 06-206. Motion carried
unanimously.
Dawley moved, seconded by Daniels, to close the following cases: 06-209; 06-210;
06-214; 04-144; 06-192; 06-203; 06-211; 06-215; 06-219 and 06-187. Motion carried
unanimously.
SCHEDULED HEARING
Administrative Law Judge Margaret LaMarche conducted the closed hearing on Cases 04-164
and 05-009 which commenced at 1:00 p.m.; concluded at 1:30 p.m.; and was recorded by
Peterson Court Reporting Service. The Respondent did not appear, however was represented
by Kerry Gaines, attorney. The hearing was closed to the public at the request of the
Respondent's attorney.
OPEN SESSION
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; Dawley, aye; Marple, aye; Daniels, aye; Daniels, aye; O'Neill, aye; and
Berry, aye. Motion carried unanimously.
Commission entered into closed session at 1:32 p.m. and returned to open session at
1:58 p.m.
Motion made by Berry, second Marple, to instruct the administrative law judge to draft
Findings of Fact, Conclusions of Law, Decision and Order, in conformance with their
deliberations. Motion carried unanimously.
MEETING ADJOURNED
Motion made by Marple, seconded by Berry, to adjourn. Motion carried unanimously.
Meeting adjourned at 2:00 p.m.
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