June 20, 2001--MINUTES

Present: Robert Miller, Chair; Evelyn Rank; James Hughes; Dorothy Woline.
Absent: Barbara Leestamper

Others present: Roger Hansen, Executive Secretary; Pam Griebel, Assistant Attorney General; Susan Griffel, Education Director; Carrie Ante, Staff

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

Rank moved, seconded by Hughes to go into closed session pursuant to Iowa Code 21.5 (1)(d) and Iowa Code 21.5 (1)(f). Roll call vote was as follows: Miller, aye; Rank, aye; Hughes, aye; Woline, aye. Motion carried unanimously.

The Commission entered into closed session at 9:08 a.m.

Hughes moved to go back into open session at 10:36 a.m. and Rank seconded. Motion carried unanimously.

Rank moved, seconded by Hughes to close cases 01-015, 01-039 & 01-040. Motion carried unanimously.

Hughes moved, seconded by Rank to accept the Informal Settlement in case 00-153. Motion carried unanimously.

Rank moved, seconded by Woline to accept Finds of Fact, Conclusions of Law, Decision and Order in case 00-080. Motion carried unanimously.

Rank moved, seconded by Woline to find probable cause in cases 01-011 & 01-010. Motion carried unanimously.

Hughes moved, seconded by Woline to approve the minutes of the May 24, 2001, meeting. Motion carried unanimously.

Future meeting dates were discussed. Hughes and Woline will serve on the Investigative Committee meeting to be held on Wednesday, August 8, 2001.

Hughes moved, seconded by Rank to grant, with provisions, the request for consideration 543B.15(1) and 193E—4.57(543B,272C) applications to reinstate the revoked licenses of Margaret A. Hamilton (f/n/a Margaret Dougherty), complaint case 97-102 and Kenneth D. Hamilton, complaint case 97-041. Motion carried unanimously.

Hughes moved, seconded by Rank to deny the request for substitution of experience (543B.15(8) by Stephen H. Brower. Vote was as follows: Miller, aye; Rank, aye; Hughes, aye; and Woline, nay. Motion carried.

Griebel reported that there would be an article on judicial review of complaints in the next newsletter. A new court ruling provides Complainants with the ability to challenge a Commission decision in cases where no formal disciplinary is action. In addition, she reported on Supreme Court Rule 118A and emphasized how important it is for every real estate salesperson and broker to be aware of this rule. Information has been available from the Commission’s web site since the day after the rule was announced. Supreme Court Rule 118A will be featured in the next newsletter. She also indicated that Governor Vilsak has a meeting set for July 10 regarding Executive Order 8.

Hansen reported that Kay Halloran, Division Administrator, is still in the hospital in Cedar Rapids. There was nothing new to report on the budget situation. He indicated that Executive Order 8 is progressing and noted that input is continuing to be solicited relating to the new proposed chapters. All seventeen new chapters and cross reference will be soon be available on the Internet from the Commission’s web site.

Paul McLaughlin reported that he attended the UNI Annual Golf Outing. He indicated that $4,000-$6,000 was raised for scholarships.

Jim Berry shared one of his experiences that happened when he was a commissioner and he encouraged each Commissioner to subscribe to the UNI newsletter from Art Cox, provided via email.

Hughes moved, seconded by Rank to adjourn the meeting at 11:48 a.m. Motion carried unanimously.