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2005Meeting Minutes


IOWA REAL ESTATE COMMISSION
1920 SE HULSIZER
ANKENY IA 50021


February 14, 2005

MINUTES

Present: James Hughes, Chair, James O'Neill, Vice Chair, Patty Daniels, Laurie Dawley and Donald Marple.

Others Present: Roger Hansen, Executive Officer; Pam Griebel, Assistant Attorney General; Susan Griffel, Education Director and Sylvia King, Staff.

Public: Paul McLaughlin (Iowa Association of Realtors).

The meeting was called to order at 9:08 a.m.

MINUTES

Motion made by Marple, second Dawley, to approve January 13, 2005 minutes as written. Motion carried unanimously.

MEETING SCHEDULE

Future IREC meetings are scheduled as follows:

Commission Meetings: Investigative Committee Meetings:

Thursday, April 14, 2005 Wednesday, April 13, 2005
(Dawley and Hughes)
Thursday, May 26, 2005 Wednesday, May 25, 2005
Thursday, July 14, 2005 Wednesday, July 13, 2005
Thursday, September 15, 2005 Wednesday, September 14, 2005
Thursday, November 3, 2005 Wednesday, November 2, 2005
Thursday, December 8, 2005 Wednesday, December 7, 2005

REQUEST FOR WAIVER OR VARIANCE FROM ADMINISTRATIVE RULES

Motion made by O'Neill, second Daniels, to deny Teri Kelchen's request for waiver or variance from Administrative Rule (3.3(2)). Roll call vote as follows: Hughes, aye; Dawley, aye; Marple, aye; O'Neill, aye and Daniels, aye. Motion carried unanimously.

Motion made by Dawley, second Daniels, to deny Alvin Langfeldt's request for waiver or variance from non-specified Administrative Rule. Roll call vote as follows: Hughes, aye; Dawley, aye; Marple, aye; O'Neill, aye and Daniels, aye. Motion carried unanimously.

Motion made by Dawley, second Marple, to approve Brent Haverkamp's request for waiver or variance from Administrative Rule (3.1(5)). Roll call vote as follows: Hughes, aye; Dawley, aye; Marple, aye; O'Neill, nay and Daniels, aye. Motion carried.

PUBLIC COMMENT

McLaughlin reported that approximately 400 persons attended the IAR Legislative Day. He noted four real estate related bills still pending before the legislature; a minimum services bill modeled after Illinois requirements, a bill requiring auctioneer licensing, a bill requiring title abstractor licensing, and a bill requiring background checks for new real estate applicants.

McLaughlin reported that the IAR lawsuit against Agentsbeware.com was heard in Polk County District Court in January 2005 and the decision is pending.

CLOSED SESSION

Motion made by Marple, second Dawley, to enter into closed session pursuant to Iowa Code 21.5(1)(d) and 21.5 (1)(f). Roll call vote as follows: Hughes, aye; O'Neill, aye; Daniels, aye; Marple, aye and Dawley, aye. Commission entered into closed session at 10:19 a.m. and returned to open session at 12:56 p.m.

SALESPERSON APPLICATION

Daniels recused herself and was not present during the closed session discussion of Case 05-020.

No action taken. The Commission requested more information from the applicant and tabled the application until the next meeting.

CASE REVIEW

Daniels recused herself and was not present during the closed session discussion of Case 05-028.

Motion made by O'Neill, second Marple, to close Cases 04-161, 04-114, 04-116, 03-065, 04-137, 04-138, 04-145, 04-149, 04-159, 04-160, 04-166, 04-168,
04-169, 05-001, 05-002, 05-003, 05-004, 05-022 and 05-028. Motion carried unanimously, Daniels abstained on 05-028.

Motion made by Daniels, second O'Neill, to find probable cause in Cases
03-095 and 04-033. Motion carried unanimously.

Motion made by O'Neill, second Dawley, to accept informal settlements in Cases A04-039 and A04-121. Motion carried unanimously.

COMMISSION REPORTS

Marple reported on an Iowa Association of Realtors bill presented to the Iowa Legislature that would add two additional licensed real estate members to the Commission.

Marple highlighted an upcoming newsletter article he authored concerning restrictive covenant disclosure.

Dawley highlighted an upcoming newsletter article she authored concerning reflections of a public member on issues presented to the Iowa Real Estate Commission.

STAFF REPORTS

Hansen reported on meetings with the Banking Division to explore possible sharing of personnel resources that would enable the use of Banking auditors to audit real estate trust accounts.

King reported 110 new salesperson application were issued in February 2005, noting that 38 were issued in February 2004.

Griffel stated that after a four and one half year period, the law update course content will be reviewed in May 2005. The review will examine teaching methods, course outline and course presentation.

ASSISTANT ATTORNEY GENERAL'S REPORT

Griebel reminded the Commission that when speaking to legislators it is important to make it clear that they are doing so as individuals and not as a Real Estate Commissioner and not representing the Commission's position.

MEETING ADJOURNED

Motion made by Daniels, second Marple, to adjourn. Motion carried unanimously. Meeting adjourned at 1:28 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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