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2007 Meeting Minutes

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


May 24, 2007


MINUTES

 

Present: James Hughes, Chair, Laurie Dawley, Vice-Chair (left meeting at 12:50 p.m.), Dan Berry, Judy Stevens and James O’Neill

Absent:  Patty Daniels, Lori Diehl

Others Present:  Roger Hansen, Executive Officer; John Lundquist, 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 9:02 a.m. by Chair Hughes. 

INTRODUCTION OF NEW COMMISSIONER

Chair Hughes welcomed Judy Stevens who began her duties as a Commission member on May 1, 2007.  Stevens introduced herself and gave her background. 

MINUTES 

Motion made by O’Neill, seconded by Berry, to approve the April 19, 2007 minutes after incorporating changes.  Motion carried unanimously.

MEETING SCHEDULE  (Tentative) 

Future IREC meetings are scheduled as follows: 

Commission Meetings:                                Investigative Committee Meetings:

Thursday, June 28, 2007                              Wednesday, June 27, 2007
                                                                              (Hughes, Dawley, Berry)Thursday, August 1, 2007                            Wednesday, August 2, 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

Berry reported that he was elected NAR Regional Vice President. 

ASSISTANT ATTORNEY GENERAL REPORT

Lundquist reported on new legislation concerning real estate education funds that will require the Commission to establish a grant committee for dispersing the funds.  Lundquist also mentioned pending legislation which would require applicants with certain criminal convictions to wait a predetermined length of time before applying for licensure.

STAFF REPORTS
Hansen continues to watch pending legislation.

Evans reported he spoke with Mason City Board of Realtors last week and next month will be speaking to the Muscatine Board of Realtors. 

Griffel reported the public hearing regarding the proposed rule changes was held May 23, 2007.  She requested the Commission hold a phone conference meeting to adopt the rules.  This meeting will be held May 30, 2007 at 10:00 am. 

Batts reported the number of complaints being received is up.  

Malek reported audits for continuing education and E & O insurance compliance are being done monthly. 

Klisares reported she attended a salesperson pre-licensing course and found it interesting. 

ELECTION OF OFFICERS 

Motion made by O’Neill, second by Berry to retain Jim Hughes as Chair and Laurie Dawley as Vice Chair of the Commission for the next year.  Motion carried unanimously.

PUBLIC COMMENT 

McLaughlin reported on legislation the Association is sponsoring and legislation of interest that they are tracking.   

HEARING CASE NUMBER 05-025 

A hearing was held before the Commission in Case 05-025.  The respondent appeared for the hearing with counsel.  The hearing was conducted by Margaret LaMarche, Administrative Law Judge and recorded by Peterson Court Reporting Service.  The respondent elected to have the hearing closed pursuant to Iowa Code 272C.6(1).  The hearing commenced at 9:30 a.m. and ended at 12:36 p.m. 

CLOSED SESSION 

Motion made by O’Neill, seconded by Berry, to go into closed session pursuant to Iowa Code Section 21.5(1)(f) to deliberate Case 05-025,.  Roll call as follows: Hughes, aye; O’Neill, aye’ Stevens, aye; Berry, aye; and Dawley, aye.  Motion carried unanimously.  The Commission entered into closed session at 12:37 p.m. and arose there from at 12:45 p.m. 

OPEN SESSION 

            Motion Dawley, seconded by Berry, to instruct Administrative Law Judge LaMarche to prepare a written decision in case 05-025 in accordance with the findings and deliberations made in closed session.  Motion carried unanimously. 

HEARING CASE NUMBER 04-157 

A hearing was held before the Commission in Case 04-157.  The respondent appeared for the hearing with counsel.  The hearing was conducted by Margaret LaMarche, Administrative Law Judge and recorded by Peterson Court Reporting Service.  The respondent elected to have the hearing closed pursuant to Iowa Code 272C.6(1).  The hearing commenced at 1:37 p.m. and ended at 4:04 p.m. 

CLOSED SESSION 

Motion O’Neill, second by Berry to go into closed session pursuant to Iowa Code Section 21.5(1)(f) to deliberate Case 04-157.  Roll call as follows: Hughes, aye; O’Neill, aye’ Stevens, aye; and Berry, aye.  Motion carried unanimously.  The Commission entered into closed session at 4:05 p.m. and arose there from at 4:31 p.m. 

OPEN SESSION

Motion Stevens, seconded by O’Neill, to instruct Administrative Law Judge LaMarche to prepare a written decision in case 04-165 in accordance with the findings and deliberations made in closed session.  Motion carried unanimously.

CLOSED SESSION

Motion made by Berry, seconded by Stevens, to enter into closed session pursuant to Iowa Code 21.5(1)(d) and 21.5(1)(f) to discuss informal settlements, consent agreements/orders or Consent Orders. Roll call as follows: Hughes, aye; O’Neill, aye’ Stevens, aye; and Berry, aye.  Motion carried unanimously.  The Commission entered into closed session at 4:33 p.m. and arose there from at 4:44 p.m. 

OPEN SESSION

Motion made by O’Neill, seconded by Berry to accept signed settlements and/or consent agreements for cases 06-186; A06-020; A07-005; 07-053; 07-036;

07-012; 07-065; 07-051; 07-027; 07-014; 06-232; 07-016 and A07-007. Motion carried unanimously.

MEETING ADJOURNED 

Motion made by O’Neill, seconded by Stevens, to adjourn.  Motion carried unanimously.  Meeting adjourned at 4:45 p.m.

 

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