minutes 9-8-05

Others Present: Roger Hansen, Executive Officer; John Lundquist, Assistant Attorney General; Dave Batts, Compliance Officer; Jeff Evans, Auditor; Sylvia King, Staff; Susan Griffel, Staff and Sandy Malek, Staff.

Public: Paul McLaughlin (Iowa Association of Realtors).

The meeting was called to order at 9:19 a.m.

CEASE AND DESIST ORDER
Motion made by Marple, second O'Neill, to issue the cease and desist order and assess civil penalty on Case 05-036. Motion carried unanimously.

HEARING
Administrative Law Judge Margaret LaMarche conducted a closed hearing at the request of the Respondent on Case A05-010, recorded by Peterson Court Reporting Service, which commenced at 9:30 a.m. and concluded at 11:16 a.m. Respondent Karol Leech appeared without counsel. After hearing all arguments, motion made by O'Neill, second Marple, to enter into closed session pursuant to Iowa Code 21.5(1)(d) and 21.5(1)(f) to deliberate. Roll call vote as follows: Hughes, aye; O'Neill, aye; Marple, aye and Reichert, aye. Commission entered into closed session at 11:29 a.m. and returned to open session at 12:19 a.m.

CLOSED SESSION
Motion made by Marple, second Reichert, to enter into closed session pursuant to Iowa Code 21.5(1)(d) and 21.5(1)(f) to discuss open complaint cases. Roll call vote as follows: Hughes, aye; O'Neill, aye; Marple, aye and Reichert, aye. Commission entered into closed session at 1:11 p.m. and returned to open session at 3:23 p.m.

INFORMAL SETTLEMENTS
Motion made by Marple, second Reichert, to accept informal settlements in Cases A05-006, 05-103, 05-037, 05-035, 05-024, 05-121, 04-055, A05-018,
05-152, 05-088, 04-136, 03-133, 04-151, 05-131 and 05-153. Roll call vote as follows: Hughes, aye; O'Neill, aye; Marple, aye and Reichert, aye. Motion carried unanimously.

FINDINGS OF FACT, DECISION AND ORDER

Motion made by Marple, second O'Neill, to accept "Findings of Fact, Conclusions of Law and Order" on Case 05-106 (DIA Number 05DOCRE009) as written. Roll call vote as follows: Hughes, aye; O'Neill, aye; Marple, aye and Reichert, aye. Motion carried unanimously.

CASE REVIEW

Motion made by Reichert, second Marple, to close Cases 05-115, 05-034, 05-118, 05-139, 05-154, 05-142, 05-143, 05-150, 05-155, 05-156, 05-160, 05-161, 05-163 and 05-164. Roll call vote as follows: Hughes, aye; Marple, aye; Reichert, aye and O'Neill, aye. Motion carried unanimously.

Motion made by O'Neill, second Marple, to find probable cause on Cases
05-148, 05-111, 05-120, 05-038, 05-056, 04-164 and A05-022. Roll call vote as follows: Hughes, aye; Marple, aye; Reichert, aye and O'Neill, aye. Motion carried unanimously.

Motion made by O'Neill, second Marple, to approve salesperson application on Case 05-165. Roll call vote as follows: Hughes, aye; Marple, aye; Reichert, aye and O'Neill, aye. Motion carried unanimously.

MINUTES

Motion made by Reichert, second Marple, to approve November 3, 2005 minutes. Motion carried unanimously.

MEETING SCHEDULE

Future IREC meetings are scheduled as follows:

Commission Meetings: Investigative Committee Meetings:

Thursday, January 12, 2006 Wednesday, January 11, 2006
(Hughes, Marple, Reichert)
Thursday, February 23, 2006 Wednesday, February 22, 2006
Thursday, April 13, 2006 Wednesday, April 12, 2006
Thursday, May 25, 2006 Wednesday, May 24, 2006
Thursday, July 13, 2006 Wednesday, July 12, 2006
Thursday, September 14, 2006 Wednesday, September 13, 2006
Thursday, November 2, 2006 Wednesday, November 1, 2006
Thursday, December 7, 2006 Wednesday, December 6, 2006

ADMINISTRATIVE RULES

Hansen presented the proposed administrative rule to better define Iowa Code section 543B.60A to be adopted. The language is the same as that filed Notice of Intended Action. O'Neill moved, second Reichert, to adopt the rule. Motion carried unanimously.

PUBLIC COMMENT

McLaughlin reported the Legislative Committee is going to consider a law change that would divert the education-funding dollars from licensing to community colleges instead of the University of Northern Iowa.

The Vision Committee will ask the Commission to consider two continuing education recommendations: 1. To require new salespersons to take "Buying Practices" and "Listing Practices" courses within the first twelve months of licensure; and
2. To raise the maximum number of hours of continuing education credits that may be taken by home study from eighteen to twenty-four hours.

In closing, McLaughlin stated the next IAR Legislative bus-in day is scheduled for February 22, 2006 for anyone interested.

COMMISSIONER REPORTS

O'Neill reported acquiring copies of materials from the recent ARELLO Conference he attended and the availability for Commissioner review upon request.

Marple thanked Hansen for his presentation at the December IAR meeting. He also reported on the Law Update course he recently attended, emphasizing that all Commission members have the authority to attend any courses presented to licensees and report back to staff on findings and recommendations. He added provisions exist granting the Commission authority to deny licenses based on non-payment of child support or student loans. Hansen replied that while complaints are processed when received, the initiating action must first be generated by the affected agency having jurisdiction and none thus far have required direct Commission action.

STAFF REPORTS

Batts reported complaints are up, with 181 open to date. He added he hopes to do more fieldwork with Evans in the near future in an effort to enhance and streamline investigations conducted on behalf of the Commission.

King reported approximately 1,700 of the 5,700 renewals mailed have been renewed as of this date.

Malek reported a newsletter article would be published soon reflecting background investigation statistics and procedures. She added the waiver form has been amended as suggested by the Commission.

Evans distributed a work paper detailing audit statistics, information on updated trust account manual, and vision for 2006.

Hansen reported on the ongoing construction project, and updated the Commission on budget and staff support, emphasizing how each has greatly improved the Commission's platform.

ASSISTANT ATTORNEY GENERAL'S REPORT

No report rendered.

MEETING ADJOURNED

Motion made by O'Neill, second Marple, to adjourn. Motion carried unanimously. Meeting adjourned at 3:27 p.m.

If you require the assistance of auxiliary aids or services to participate in or attend the meeting because of a disability, please call our ADA Coordinator at (515) 281-7468, if you are hearing impaired, call Relay Iowa TTY at 1-800-735-2942.

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