September
23, 1999--MINUTES
Present: Chair Russ Nading, Evelyn Rank, Terry Rogers, Barbara
Leestamper and Robert Miller.
Others
present: Roger Hansen, Executive Secretary; Pam Griebel,
Assistant Attorney General; Susan Griffel, Education Director;
Frank Hansen, Field Auditor; Sandy Malek, staff; and Paul McLaughlin,
IAR.
The meeting was called to order by Nading at 9:02 a.m.
Leestamper moved, seconded by Rogers, to accept the August 19,
1999 minutes.
Griffel presented the education rules, ready to be adopted and
filed. Rank moved, seconded by Leestamper, to adopt the rules.
Motion carried unanimously.
Rogers moved, seconded by Leestamper, to deny the request of Barbara
Taylor, salesperson, to change her license history from inactive
status to active status for the period January 5, 1999 to September
10, 1999. Motion carried unanimously.
Paul McLaughlin, IAR, presented a proposed Disclosure of Property
Conditions for new home construction, for the Commission's review.
The Commission will review and consider possible rule making at
a later date. He reported that the association's state convention
is being held October 11-14, 1999 in Council Bluffs. The Greater
Des Moines Board of Realtors has completed the move to the IAR's
office location.
Leestamper reported she had received the information on the education
meeting at the University of Northern Iowa and plans to attend.
At 9:40 a.m. a hearing was held on case 98-032. Respondent elected
to have the hearing open to the public. Administrative Law Judge
John Priester conducted the hearing. Respondent left the room at
the conclusion of the hearing.
Leestamper moved, seconded by Rogers to go into closed session
to deliberate pursuant to Iowa Code 21.5(l)(f). Roll call vote
as follows: Nading, aye; Miller, aye; Leestamper, aye; Rank, aye.
The discussion was tape recorded and minutes were taken. The Commission
entered into closed session at 10:05 and arose therefrom at 10:21.
Rogers moved, seconded by Leestamper, to request the administrative
law judge draft documents in line with the recommendations of the
Commission. Motion carried unanimously.
Nading scheduled a telephone conference Commission meeting for
Wednesday, September 29, 1999, at 10:00 a.m. to discuss and address
the complaint cases being reviewed this afternoon by the Investigation
Committee. Nading, Leestamper and Miller will be available to participate.
The communication from Jeffrey Margolis was deferred until the
next meeting because more time is needed to carefully review the
issues presented.
Griebel presented the Commission with copies of four new Executive
Orders and briefly explained their content. The Commission will
review these again at a future meeting.
Miller moved, seconded by Rogers, to deny the request by John
Brown, broker, to waive the continuing education requirement to
renew his broker license. Motion carried unanimously.
R. Hansen reported we now have a license reciprocity agreement
with Colorado.
Discussion was held on the duties of a field auditor. The auditor
was directed to continue to audit the broker's trust accounts and
examine the transaction file and other records for any real estate
transaction for compliance.
At 11:50 a.m. Leestamper moved, seconded by Miller to go into
closed session pursuant to Iowa Code 21.5(1)(d)(f). Roll call vote
as follows: Nading, aye; Miller, aye; Rogers, aye; Leestamper,
aye; Rank, aye. Minutes were recorded. The Commission entered into
closed session at 11:50 a.m. and arose therefrom at 11:58 a.m..
Motion was made by Rank, seconded by Rogers to accept the signed
informal settlements in cases 99-020 and 99-021. Roll call vote
as follows: Nading, aye; Miller, aye; Rogers, aye; Leestamper,
aye; Rank, aye.
Leestamper moved, seconded by Rogers, to adjourn at 12:00 noon.
Motion carried unanimously.
