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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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