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Iowa Real Estate Commission
1920 SE Hulsizer Road
Ankeny, IA 50021
May 25, 2006
MINUTES
Present: James Hughes, Chair; James O'Neill, Dan Berry, Laurie Dawley, Lori Diehl,
Patty Daniels and Donald Marple.
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 9:08 a.m.
CLOSED HEARING --Case No. 06-021
Respondent appeared with attorney. Respondent's attorney requested a closed hearing.
Motion by Dawley, second by Marple to go into closed session pursuant to Iowa Code
21.5(1)(a) to conduct the hearing in Case 06-021. Roll call vote as follows: Hughes, aye;
O'Neill, aye; Marple, aye; Diehl, aye; Dawley, aye; Berry aye: and Daniels, aye. Motion
carried unanimously. The Commission entered into closed session at 9:11 a.m.
Administrative Law Judge Margaret LaMarche conducted the hearing on Case
06-021, which was recorded by Peterson Court Reporting Service. At the conclusion of the
hearing, the Commission elected to deliberate after the next scheduled hearing. The
meeting returned to open session at 9:45 a.m.
CLOSED HEARING -Case No. 03-147
Respondent appeared with attorney. Respondent's attorney requested a close hearing.
Motion by O'Neill, second by Diehl to go into closed session pursuant to Iowa Code
21.5(1)(a) to conduct the hearing in Case 06-021. Roll call vote as follows: Hughes, aye;
O'Neill, aye; Marple, aye; Diehl, aye; Dawley, aye; Berry aye: and Daniels, aye. Motion
carried unanimously. The Commission entered into closed session at 9:50 a.m.
Administrative Law Judge Margaret LaMarche conducted the hearing on Case
03-147, which was recorded by Peterson Court Reporting Service. At the conclusion of the
hearing, the Commission returned to open session at 12:45 p.m.
CLOSED SESSION DELIBERATIONS -Case No. 03-147
Berry moved, second O'Neill, 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; Berry, aye; and Daniels aye. Motion carried
unanimously. Commission entered into closed session at 1:12 p.m. and returned to open
session at 1:45 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 the closed session
deliberations. Motion carried unanimously.
CLOSED SESSION DELIBERATIONS -Case No. 06-021
Dawley moved, second Diehl, to enter into closed session pursuant to Iowa Code
21.5(1)(d) and 21.5(1)(f) to deliberate on Case 06-021. Roll call vote as follows: Hughes,
aye; O'Neill, aye; Dawley, aye; Marple, aye; Diehl, aye; Daniels, aye and Berry, aye.
Motion carried unanimously. Commission entered into closed session at 1:45 p.m. and
returned to open session at 2:25 p.m.
Once in open session, Marple moved, second Daniels, 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 Daniels, 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; Daniels, aye and Berry, aye. Commission entered into closed
session at 2:36 p.m. and returned to open session at 4:00 p.m. Berry recused himself from
discussion on complaint case number 06-065.
Page 3
Minutes
May 25, 2006
INFORMAL SETTLEMENTS
Motion made by Dawley, second Daniels, to accept informal settlements in Cases 06-025,
A06-001, 06-003, A06-006, 06-026, 06-012, 05-113 and 06-029. Motion carried unanimously.
FINDING OF FACT, DECISION AND ORDER
Motion made by Daniels, second Berry, to accept Finding of Fact, Decision and Order on
Case A05-010. Motion carried unanimously.
CASE REVIEW
Motion made by Dawley, second Berry, to close Cases 05-172, 05-183, 06-027, 06-030,
06-034, 06-035, 06-036, 06-039, 06-041, 06-055, 06-071, A06-008 and 06-074. Motion carried
unanimously.
Motion made by Dawley, second O'Neill, to find probable cause on Cases 05-170, 06-038,
06-062, 06-064, 06-070, 06-072, 06-044, 06-045, 06-046, 06-047, 06-049, 06-051, 06-054,
06-063, 06-075, 06-065, A06-007, A06-009, A06-010 and 06-077. Motion carried unanimously
except Berry abstained on Case 06-065.
MINUTES
Motion made by Marple, second O'Neill, to approve April 16, 2006, minutes. Motion
carried unanimously.
MEETING SCHEDULE
Future IREC meetings are scheduled as follows:
Commission Meetings: Investigative Committee Meetings:
Thursday, July 13, 2006 Wednesday, July 12, 2006
(Daniels, Dawley and Berry)
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 appeared on the program for the Bremer County Board of
Realtors meeting on May 9, 2006 in Waverly, Iowa.
STAFF REPORTS
Evans reported he spoke to the Danville Board of Realtors recently to address questions
on trust accounts.
MEETING ADJOURNED
Motion made by Dawley, second Marple, to adjourn. Motion carried unanimously. Meeting
adjourned at 4:10 p.m.
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