IOWA REAL ESTATE COMMISSION
1920 SE HULSIZER
ANKENY IA 50021
Present: James Hughes, Chair; James O'Neill; Dorothy Woline; Laurie
Absent: Patty Daniels
present: Roger Hansen, Executive Officer; Pam Griebel,
General: Susan Griffel, Education Director; Sandy Malek, staff
Public: Paul McLaughlin, IAR
The meeting was called to order at 9:00 a.m. The hearing scheduled for 9:30 today has been continued.
Dawley moved, seconded by O'Neill, 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: Woline, aye; Dawley, aye; O'Neill, aye; Hughes,
aye. Motion carried unanimously. The Commission entered into closed
session at 9:01 a.m. and arose therefrom at 10:10 a.m. Recommendations
from the investigative committee were discussed.
O'Neill moved, seconded by Woline, to close the following cases:
03-007 03-010 03-011 03-042
03-049 03-051 03-052 03-053
Motion carried unanimously.
Dawley moved, seconded by Woline, to find probable cause to file
charges in case 03-029. Motion carried unanimously.
Dawley moved, seconded by O'Neill, to approve the decision and
order with changes specified on case 02-025. Motion carried unanimously.
Woline moved, seconded by Dawley, to approve the salesperson application
in case 03-044. Motion carried unanimously.
The Commission deferred consideration of the salesperson application
case number 03-046 until the next regularly scheduled meeting because
requested information has not been provided by the applicant.
Motion was made by Dawley and seconded by O'Neill to approve the
minutes of the May 29, 2003 and June 24, 2003 meetings. Motion
Future meetings are scheduled as follows:
August 27 investigative committee: O'Neill, Daniels
August 28 Commission Meeting
The Commission considered a request from Doug Hibbeler, President
of Catalyst, Inc., for informal advice or opinion. Woline moved,
seconded by Dawley, to advise Hibbeler that based on the information
submitted, it appears the activities contemplated would require
an Iowa real estate license. Motion carried unanimously.
The Commission considered a request from Janet Shipman for informal
advice or opinion. Woline moved, seconded by Dawley, to advise
Shipman that based on the information submitted, it appears the
activities contemplated would require an Iowa real estate license.
Motion carried unanimously.
The Commission considered a request by Gloria J. Ruesch for substitution
of salesperson experience required for a broker license. Woline
moved, seconded by Dawley to deny the request based on the information
submitted. Vote as follows: Hughes, aye; Woline, aye; and Dawley,
aye. O'Neill abstained. Motion carried.
The Commission discussed proposed rule changes filed as Notice
of Intended Action ARC 2429B. Concern was expressed about a complaint
filed with the Consumer Protection Division of the Iowa Attorney
General questioning the legality of how the interest on trust accounts
is being directed and the potential for public misunderstanding
due to lack of clear disclosure. In view of this serious potential
problem, more time is needed to determine if additional rulemaking
is needed. Woline moved, seconded by O'Neill, to terminate the
rule making process on Notice of Intended Action ARC 2429B. Motion
The Commission discussed license fees. Language in HF 655 2003
eliminated the requirement that a percentage of any license fee
increase be deposited into the Real Estate Commission Fund and
required all license fees collected deposited into the General
Fund, except for the percentages deposited into the Real Estate
Education Fund. The Commission raised fees effective October 10,
2002 to generate funds for the Commission Fund to support an auditor,
investigator, and staff needed to operate the agency effectively
during years when receipts are up and down. If the Commission Fund
is reestablished in the future, a fee increase would be needed
at that time to be of benefit. The Commission feels this would
be unjustifiable and a huge financial burden to licensees.
After much discussion, O'Neill moved, seconded by Woline, to adopt
the fee schedule in effect prior to October 10, 2002 as follows:
Salesperson, $75; Broker, $120; Firm, $120; Branch/tradename, $30;
and no fee for certification of licensure. Motion carried unanimously.
O'Neill reported that he attended the ARELLO Central / Southern
District Conference in June. The programs were informative and
Hansen informed the Commission that Kay Halloran has retired.
Bill Schroeder is the acting Director.
Griebel provided a brief update on the Franich appeal.
Griffel reported on her attendance at the Real Estate Educator's
Conference held recently in Philadelphia, PA.
Hansen reported that the Division is moving forward and trying
to hire an auditor. He also attended the ARELLO Central / Southern
District Conference in June and reported the program was very good.
Paul McLaughlin from the IAR reported that Craig Cheatham, EVP,
for ARELLO is on the program for the IAR Fall Convention in Des
Moines. The IAR is continuing to work with local boards on consolidating
for efficiency and economic reasons.
Motion was made by Dawley and seconded by Woline to adjourn. Motion
carried unanimously. Meeting adjourned at 12:25 p.m.
to our Office