June 5, 1997--MINUTES

Present: Vice-Chair; Terry Rogers, Evelyn Rank, Theresa Loffredo, and Mark Odden. Russ Nading was absent.

Others present: Roger Halvorson, Administrator; Roger Hansen, Executive Secretary; Pam Griebel, Assistant Attorney General; Michael Sharp, and Chris Wood, Secretary.

The meeting was called to order by Rogers at 9:04 a.m.

Odden moved, seconded by Loffredo that the Commission enter into closed session pursuant to Iowa Code section 21.5(1)(d)(f).

Roll call vote as follows: Odden, aye; Loffredo, aye; Rank, aye; and Rogers, aye. Motion carried.

The closed session was tape recorded and minutes were recorded. The Commission entered into closed session at 9:05 a.m. and arose therefrom at 9:45 a.m.

Loffredo moved, seconded by Odden to close the following complaint cases:

96-107 with letter 97-003 97-031 97-028
97-013 with letter 97-016 97-030 97-024 97-025
97-022 with letter
and to find probable cause on cases: 97-008, 97-012.

Roll call vote as follows: Odden, aye; Loffredo, aye; Rank, aye; and Rogers, aye. Motion carried.

Odden moved, seconded by Loffredo to accept the Findings of Fact in the following cases:

A96-175 96-083 96-093

Roll call vote as follows: Odden, aye; Loffredo, aye; Rank, aye; and Rogers, aye. Motion carried.

At 9:45 a.m. Todd Whitters appeared before the Commission in support of his application for a salesperson license. Odden moved, seconded by Loffredo to approve the application for salesperson license for Todd Whitters.

Roll call vote as follows: Odden, aye; Loffredo, aye; Rank, aye; and Rogers, aye. Motion carried.

Rank moved, seconded by Odden to deny the request for waiver from Wendell L. Hornsby.

Roll call vote as follows: Odden, aye; Loffredo, aye; Rank, aye; and Rogers, aye. Motion carried.

Odden moved, seconded by Rank to approve the minutes of April 17, 1997, as submitted. Motion carried unanimously.

Future meetings were discussed. Investigation committee for July will be Odden, Nading and Rogers, and August will be Nading, Loffredo and Rank.

Loffredo moved, seconded by Odden to file as Adopted amendments to Chapter 1 and 3, and 272C "Impaired licensee". Motion carried unanimously.

Rank moved, seconded by Odden to file Notice of Intended Action proposed rules regarding agency disclosure, l.37, due to changes in HF 644. Motion carried unanimously.

Halvorson reported on proposed projects: electronic commerce, E-mail, fax on demand. The Division has received a grant to develop the fax on demand program. He also reported the first Division Newsletter would be out the first part of July. House File 732 requires interest from brokers' trust accounts to go to the Department of Economic Development, Housing Assistance Program.

A general discussion was held on remitting trust account interest from the banks or brokers. The development of a tracking method through electronic fund transfers was suggested.

Hansen gave an Internet progress report regarding the license law, complaint forms and linking with national organizations

Sharp reported 51 field audits and has started the desk audit procedure with 22 completed and 28 pending. He reported same violations can be found with the desk audit procedure as with the field audits.

Griebel reported the briefs are complete on the Irma Henze case. She is also reviewing the PSI examination contract which is due for renewal.

Rank moved, seconded by Odden to adjourn the meeting at 11:40 a.m. Motion carried unanimously.

Respectfully submitted,
Roger L. Hansen
Executive Secretary