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2006 Meeting Minutes

Iowa Real Estate Commission
1920 SE Hulsizer Road
Ankeny, IA 50021
April 13, 2006
MINUTES

Present: James Hughes, Chair; James O'Neill, Dan Berry, Laurie Dawley, Lori Diehl and Donald Marple.

Not Present: Patty Daniels

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

Public: Paul McLaughlin (Iowa Association of Realtors).

The meeting was called to order at 9:02 a.m.

MINUTES

Motion made by Marple, second Berry, to approve March 2, 2006, minutes. Motion carried unanimously.

MEETING SCHEDULE

Future IREC meetings are scheduled as follows:

Commission Meetings: Investigative Committee Meetings:

Thursday, May 25, 2006 Wednesday, May 24, 2006
(Hughes, Diehl and Marple)
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

COMMISSIONER REPORTS

Hughes reported he and Hansen are scheduled to attend a Board of Realtors meeting on May 9, 2006, in Sumner, Iowa.

O'Neill reported he attended the April ARELLO conference and will share materials and additional information upon request.

STAFF REPORTS

Malek reported the FBI sent representatives to review current fingerprinting procedures. Comments made by FBI staff included possible implementation of background investigations on all staff with access to fingerprints, overview of administrative processes, fingerprint rejection rates and general requirements for compliance. Suggestions are being reviewed and will be implemented as necessary to ensure regulatory compliance.

Hansen reported he also attended the April ARELLO conference and noted new topics were being introduced pertaining to mortgage brokers and appraisers, thereby broadening the field and scope of interest.

Hansen reported HF 2632 passed, briefly noted areas effected, and distributed copies to the Commission for their reference.

Hansen added the Division's renovation project continues.

PUBLIC COMMENT

McLaughlin reported the current newsletter was informative and well received by real estate licensees, with specific interest in trust account issues.

He added the Iowa Supreme Court issued a ruling on a case involving licensee Larry Stewart that pertained to collection of a commission without a written listing agreement. Hansen added the Assistant Attorney General is aware of the case and may become involved as a result of the decision.

McLaughlin added key provisions of the HF 2632 bill would allow the parties filing legal actions for non-licensed real estate activities to collect attorney fees and it exempted powers of attorney from seller property condition disclosure requirements. The separate educational funding change bill is pending.

McLaughlin reported representatives of the IAR would go to Washington, D.C. in May 2006 to address key industry issues.

Lastly, McLaughlin stated IAR has a meeting scheduled in June 2006 and a golf outing in July 2006, and invited all to attend.

CLOSED SESSION

Upon request by Respondent, the Commission entered into closed session at 9:34 a.m. pursuant to Iowa Code 272C(1) for the purpose of conducting a hearing on Case A05-011.

SCHEDULED HEARING

Administrative Law Judge Margaret LaMarche conducted the closed hearing on Case A05-011 which commenced at 9:34 a.m., concluded at 11:40 a.m., and was recorded by Peterson Court Reporting Service.

After the hearing, Dawley moved, 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; Dawley, aye; Marple, aye; Diehl, aye and Berry, aye. Motion carried unanimously. Commission entered into closed session at 11:40 a.m. and returned to open session at 12:16 p.m.

Upon return to open session, Dawley moved, second Marple, to direct Judge LaMarche to draft a finding of fact, decision and order in accordance with closed session deliberations. Motion carried unanimously.

CLOSED SESSION

Motion made by Dawley, second O'Neill, to enter into closed session pursuant to Iowa Code 21.5(1)(a) and 543B.52(1) for real estate applications and 21.5(1)(d) and 21.5(1)(f) to discuss informal settlements, consent agreements/orders, finding of fact, decision and order and open cases. Roll call vote as follows: Hughes, aye; O'Neill, aye; Marple, aye; Dawley, aye; Diehl, aye and Berry, aye. Motion carried unanimously. Commission entered into closed session at 12:25 a.m. and returned to open session at 12:55 p.m.

REAL ESTATE APPLICATIONS

Motion made by Berry, second Diehl, to approve salesperson applications on Cases 06-024 (with stipulations), 06-031 (with stipulations) and 06-037. Roll call vote as follows: Hughes, aye; O'Neill, aye; Marple, aye; Dawley, aye; Diehl, aye and Berry, aye. Motion carried unanimously.

Motion made by Diehl, second Berry, to deny renewal applications on Cases
06-009 and 05-186. Roll call vote as follows: Hughes, aye; O'Neill, aye; Marple, aye; Dawley, aye; Diehl, aye and Berry, aye. Motion carried unanimously.

INFORMAL SETTLEMENTS

Motion made by Berry, second Diehl, to accept informal settlements in Cases
06-018, 06-013, 05-100, 05-038, 05-181, A06-002, A05-022 and A06-004. Motion carried unanimously.

CASE REVIEW

Motion made by Diehl, second Berry, to close Cases 05-039, 05-167, 05-168,
06-001, 06-008, 06-014, 06-022 and 06-023. Motion carried unanimously.

Motion made by Diehl, second Berry, to find probable cause on Cases 06-002, 06-003, 06-067, 06-012, 06-026, 06-028, 06-029, A06-005 and A06-006. Hughes, aye; O'Neill, aye; Marple, aye; Dawley, aye; Diehl, aye and Berry, aye. Motion carried unanimously.

FINDING OF FACT, DECISION AND ORDER

Motion made by Diehl, second Berry, to accept Finding of Fact, Decision and Order on Case 05-146. Motion carried unanimously.

ELECTIONS

O'Neill moved, second Berry, to nominate Hughes for Chair. Motion carried unanimously.

O'Neill moved, second Hughes, to nominate Dawley for Vice Chair. Motion carried unanimously.

MEETING ADJOURNED

Motion made by Dawley, second Marple, to adjourn. Motion carried unanimously. Meeting adjourned at 1:05 p.m.


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