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2005Meeting Minutes


IOWA REAL ESTATE COMMISSION
1920 SE HULSIZER
ANKENY IA 50021


April 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; John Lundquist, Assistant Attorney General; Susan Griffel, Education Director; Jeff Evans, Auditor and Sylvia King, Staff.

Public: Paul McLaughlin (Iowa Association of Realtors).

The meeting was called to order at 9:10 a.m.

MINUTES

Motion made by Daniels, second O'Neill, to approve February 24, 2004 minutes as written. Motion carried unanimously.

MEETING SCHEDULE

Future IREC meetings are scheduled as follows:

Commission Meetings: Investigative Committee Meetings:

Thursday, May 26, 2005 Wednesday, May 25, 2005
(Marple and Daniels)
Thursday, June 16, 2005 Wednesday, June 15, 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 Marple, second Daniels, to deny Terri Matthews' request for waiver or variance from Administrative Rule 193E-92.(5). Roll call vote as follows: Hughes, aye; Dawley, aye; Marple, aye; O'Neill, aye and Daniels, aye. Motion carried unanimously.

ADMINISTRATIVE RULES

Hansen distributed draft copies and generated discussion on proposed administrative rule changes, specifically 193E-3.3(543B)3.3(3); 193E-3.6(272C, 543B)3.6(5); 193E-4.3(543B)4.3(3) and 193E-4.6(272C, 543B)4.6(5). Motion made by Dawley, second O'Neill to approve changes as written. Motion carried unanimously.

In addition, proposed changes to the Residential Property Seller Disclosure Statement were discussed, with emphasis on addition of a question regarding restrictive covenants. Commission members agreed to review and discuss proposed changes at the next scheduled Commission meeting in May 2005.

ASSISTANT ATTORNEY GENERAL'S REPORT

Griebel introduced Lundquist, who will be representing the Commission as Counsel.

CLOSED HEARING

Administrative Law Judge Margaret LaMarche conducted a closed hearing upon request by the Respondent on Case A04-089, commencing at 10:00 am and concluding at 11:05 am. After hearing arguments and deliberations in the hearing, Dawley moved, second O'Neill, to enter into closed session at 11:05 am. Motion carried unanimously. After returning to open session at 11:45 am, Daniels moved, second O'Neill, to ask the Administrative Law Judge to draft the decision for Commission review consistent with the Commission's deliberations. Motion carried unanimously.

PUBLIC COMMENT

McLaughlin reported that three real estate-related bills passed the legislature; a minimum services bill modeled after Illinois requirements, a bill adding two licensed members to the Commission, and a bill requiring fingerprint background checks for new applicants.

McLaughlin reported that the lawsuit against agentsbeware.com decision ruled in favor of the Iowa Association of Realtors on one point and may be appealed.

In closing, McLaughlin stated the IAR has a new education director on staff.

CLOSED SESSION

Motion made by Dawley, second O'Neill, 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 12:03 pm and returned to open session at 1:56 pm.

SALESPERSON APPLICATION

Motion made by Dawley, second Marple, to approve salesperson application on Case 05-020. Roll call vote as follows: Hughes, aye; O'Neill, aye; Marple, aye and Dawley, aye. Daniels abstained. Daniels recused herself from discussion and the vote. Motion carried unanimously.

CASE REVIEW

Motion made by Dawley, second Marple, to close Cases 04-146, 05-013, 05-014, 05-015, 05-010, 04-158, 05-027, 05-026, 03-118, 04-163, 04-094, 04-152,
04-143, 03-133 (broker only) and A04-140. Motion carried unanimously.

Motion made by Dawley, second Daniels, to find probable cause on Cases
04-151, 04-136, 05-018, 05-019, 04-115 and 03-133 (salesperson only). Motion carried unanimously.

Motion made by Dawley, second O'Neill, to accept informal settlements on Cases 04-101, 04-097, 04-068, 04-033 and 03-095. Motion carried unanimously.

Motion made by Marple, second Daniels, to reject informal settlements on Cases 03-079 and 03-080. Motion carried unanimously.

COMMISSION REPORTS

Hughes recognized Griffel on the most recent copy of the newsletter and thanked those contributing articles and information.

O'Neill reported he was re-appointed by the Governor and will serve an additional three years on the Commission.

O'Neill briefed the Commission on the ARELLO conference he attended in Monterey, California. He highlighted duties as Co-Vice Chair of the Commission Member Training Board and other various information materials received. O'Neill, as a newer ARELLO member, recognized the assistance and leadership guidance provided to him by Raymond "Buddy" Bass, Jr., an industry member of the North Carolina Commission.

Daniels reported she was also re-appointed by the Governor and will serve an additional three years on the Commission.

STAFF REPORTS

Griffel reported she attended the UNI Advisory Council meeting yesterday, with key topics addressed including residential real estate course content and scholarships.

Hansen distributed copies of current legislation this session. HF 469 increases the number of Commission members, HF 375 establishes minimum service requirements, and SF 320 establishes fingerprinting requirements for all original applicants.

Hansen reported the ARELLO conference was well-attended and informative, and thanked O'Neill for participating on behalf of the Commission.

COMMUNICATION:

The Commission reviewed a communication received from R. Michael Knapp, CEO and President of Iowa Realty, West Des Moines, Iowa, concerning current Iowa law as it relates to rebates and inducements. The Commission is aware of the issues raised are not new and continue to be studied.

MEETING ADJOURNED

Motion made by Marple, second Daniels, to adjourn. Motion carried unanimously. Meeting adjourned at 2:30 pm.


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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