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2006 Meeting Minutes

Iowa Real Estate Commission
1920 SE Hulsizer Road
Ankeny, IA 50021

December 7, 2006

MINUTES

Present: James Hughes, Chair; Dan Berry, Laurie Dawley, Patty Daniels, Donald Marple, Jim O'Neill, Lori Diehl

Others Present: Roger Hansen, Executive Officer; John Lundquist, Assistant Attorney General; David Van Compernolle, Assistant Attorney General; Dave Batts, Compliance Officer; Jeff Evans, Auditor; Susan Griffel, Education Director Sandy Malek, Administrative Assistant; and Dana Klisares, Administrative Assistant.

Public: Paul McLaughlin (Iowa Association of Realtors).

The meeting was called to order at 9:00 a.m. by Chair Hughes.

Hansen introduced Dana Klisares, Administrative Assistant and licensing specialist for the Real Estate Commission.

MINUTES

Motion made by Dawley, seconded by O'Neill, to approve the November 2, 2006 and November 20, 2006 minutes. Motion carried unanimously.

MEETING SCHEDULE

Future IREC meetings are scheduled as follows:

Commission Meetings: Investigative Committee Meetings:

Thursday, January 11, 2007 Wednesday, January 10, 2007
Dawley, O'Neill, Hughes
Thursday, February 15, 2007 Wednesday, February 14, 2007
Thursday, March 15, 2007 Wednesday, March 14, 2007
Thursday, April 19, 2007 Wednesday, April 18, 2007
Thursday, May 24, 2007 Wednesday, May 23, 2007
Thursday, June 28, 2007 Wednesday, June 27, 2007
Thursday, July 26, 2007 Wednesday, July 25, 2007
Thursday, September 13, 2007 Wednesday, September 12, 2007
Thursday, October 11, 2007 Wednesday, October 10, 2007
Thursday, November 15, 2007 Wednesday, November 14, 2007
Thursday, December 13, 2007 Wednesday, December 14, 2007

COMMISSIONER REPORTS

O'Neill expressed his appreciation to the Commission staff for their dedicated work.

Berry reported that he attended the recent IAR meeting and topics of interest included predatory lending practices.

ASSISTANT ATTORNEY GENERAL'S REPORT

Lundquist reported he was on the program and also participated in the first ARELLO workshop for attorneys.

STAFF REPORTS

Griffel thanked the committee that reviewed the bids for examination services. PSI was awarded the bid. She also reported working on the next quarterly newsletter. Griffel is in the process of drafting proposed rule changes for salesperson pre-license education requirements.

Evans reported that he will be attending the IAR Board of Directors meeting this afternoon.

Batts reported 236 complaint cases have been opened this year.

Hansen reported that two support staff vacancies have been filled just in time for the current renewal period. He noted the continued lack of progress on negotiations for leasing our current office space.

Hansen congratulated O'Neill on being elected to the ARELLO Board of Directors and recognized the exam bid committee's hard work on a difficult and time consuming task. He concluded with a reminder that starting January 1, 2007 the office will only accept the new language version of the license application.

PUBLIC COMMENT

McLaughlin provided an update on IAR's upcoming meetings and an overview of changes the IAR Legislative Committee is considering for the next session.

CLOSED SESSION

Motion made by Berry, seconded by Marple, 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; Marple, aye; Dawley, aye; Daniels, aye; Berry, aye; O'Neill, aye; and Diehl, aye. Commission entered into closed session at 9:18 a.m. and returned to open session at 11:22 a.m.

OPEN SESSION

Marple moved, seconded by Dawley, to return to open session. Motion carried unanimously.

Dawley moved, seconded by Marple, to accept signed consents orders for the following cases: 06-146; 06-202; 06-165, and 06-204. Motion carried unanimously.

Dawley moved, seconded by Berry, to deny licensure on cases: 06-126 and
06-172. Motion carried unanimously.

Dawley moved, seconded by Berry to find probable cause on the following cases: 06-212; 06-208; 06-216; 06-217; 06-218; 06-222; 06-223; 06-228; and 06-206. Motion carried unanimously.

Dawley moved, seconded by Daniels, to close the following cases: 06-209; 06-210; 06-214; 04-144; 06-192; 06-203; 06-211; 06-215; 06-219 and 06-187. Motion carried unanimously.

SCHEDULED HEARING

Administrative Law Judge Margaret LaMarche conducted the closed hearing on Cases 04-164 and 05-009 which commenced at 1:00 p.m.; concluded at 1:30 p.m.; and was recorded by Peterson Court Reporting Service. The Respondent did not appear, however was represented by Kerry Gaines, attorney. The hearing was closed to the public at the request of the Respondent's attorney.

OPEN SESSION

Motion made by Dawley, 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; Dawley, aye; Marple, aye; Daniels, aye; Daniels, aye; O'Neill, aye; and Berry, aye. Motion carried unanimously.

Commission entered into closed session at 1:32 p.m. and returned to open session at 1:58 p.m.

Motion made by Berry, second Marple, to instruct the administrative law judge to draft Findings of Fact, Conclusions of Law, Decision and Order, in conformance with their deliberations. Motion carried unanimously.

MEETING ADJOURNED

Motion made by Marple, seconded by Berry, to adjourn. Motion carried unanimously. Meeting adjourned at 2:00 p.m.


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