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2007Meeting Minutes

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

March 29, 2007 

MINUTES 


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

Others Present:  Roger Hansen, Executive Officer; John Lundquist, 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 9:04 a.m. by Chair Hughes.

MINUTES

Motion made by O’Neill, seconded by Berry, to approve the February 15, 2007 minutes.  Motion carried unanimously.

MEETING SCHEDULE  (Tentative)

Future IREC meetings are scheduled as follows: 

Commission Meetings:                                Investigative Committee Meetings:

Thursday, April 19, 2007                              Wednesday, April 18, 2007
                                                                                    Marple, Berry, O’Neill
Thursday, May 24, 2007                               Wednesday, May 23, 2007
Thursday, June 28, 2007                              Wednesday, June 27, 2007
Thursday, August 1, 2007                            Wednesday, August 2, 2007
Thursday, October 11, 2007                        Wednesday, October 10, 2007
Thursday, November 15, 2007                    Wednesday, November 14, 2007
Thursday, December 13, 2007                   Wednesday, December 12, 2007

COMMISSIONER REPORTS
 

Marple reported shock and dismay after being notified by the Governor’s Office that he will not be reappointed to a second term.  Marple additionally expressed his appreciation for each Commissioner’s hard work and indicated he really enjoyed  the time he has served on the Commission. 

STAFF REPORTS 

Hansen reported he has been told the general terms of the lease agreement has been reached but a lease had not yet been signed.  Under the new agreement, the division will have no room for expansion, and in addition, three record storage areas will be lost.  Klisares and Malek are working on this problem to see what, if anything can be done.  Records retention requirements for the office are being reviewed.  

Batts reported there have been 85 complaints opened so far this year. 

Malek reported current turn around for background checks is approximately 40 days.  There have been around 300 applications this year so far.  We received a report from the FBI’s audit conducted in April 2006 that indicated exceptional standards for Iowa.  

Klisares reported that she attended the eight hour broker pre-license course “Trust Accounts” on 3/21/07.  She indicated she enjoyed the course as it was interesting and very educational.

ADMINISTRATIVE RULES

Motion made by Berry to approve the proposed new pre-license education requirement rules as written to file as Notice of Intended Action, second Marple. Motion carried unanimously.

Griffel reported new pre-license education requirement rules will be filed April 6th and a public hearing is scheduled for May 23rd.

PUBLIC COMMENT 

McLaughlin reported on legislation the Association is sponsoring and legislation of interest that they are tracking.   

CLOSED SESSION

Motion made by Hughes, seconded by Marple, to enter into closed session pursuant to Iowa Code 21.5(1)(d) and 21.5(1)(f) to discuss informal settlements, consent agreements/orders or Consent Orders and 21.5(1)(a) and 543B.52(1) to discuss applications and complaints.

Commission entered into closed session at 9:42 a.m. and returned to open session at 10:52 a.m. 

OPEN SESSION

Dawley moved, seconded by Berry, to close the following cases: 06-244; 06-225; 06-226; 07-009; 07-041; 07-057; 07-063; 07-056; 07-055; 07-054; 07-035; 07-028; 07-020 and A07-002.  Motion carried unanimously. 

Dawley moved, seconded by Berry to find probable cause on the following cases: 07-012; 07-030; 07-065; 07-036; 07-039; 07-051; 07-014; 07-015;
07-018; 07-019; 07-022; 07-048; A06-003; A06-004; A06-005 and A06-007.   Motion carried unanimously.

Dawley moved, seconded by Marple to issue a cease and desist order for cases 07-047 and 07-052.  Motion carried unanimously.

Dawley moved, seconded by Marple to extend deadline for case 06-208.  Motion carried unanimously.

Dawley moved, seconded by O’Neill to approve consent agreements / orders for cases 07-029; 07-023; 07-017; 07-013; A06-022; 07-032; 06-243; 06-224; 07-008 and A07-001.  Motion carried unanimously.

MEETING ADJOURNED 

Motion made by Daniels, seconded by Berry, to adjourn.  Motion carried unanimously.  Meeting adjourned at 10:57 a.m.

 

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