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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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