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2007Meeting Minutes

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


June 28, 2007
 

MINUTES 

Present: James Hughes, Chair, Laurie Dawley, Vice-Chair, Dan Berry, Judy Stevens, Lori Diehl, James O’Neill , and Patty Daniels (arrived at 9:25 a.m.)  

Others Present:  Roger Hansen, Executive Officer; John Lundquist, Assistant Attorney General; Dave Batts, Compliance Officer; 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 9:02 a.m. by Chair Hughes. 

MINUTES

Motion made by Berry, seconded by O’Neill, to approve the May 24, 2007 and May 30, 2007 minutes after incorporating changes.  Motion carried unanimously.

MEETING SCHEDULE  (Tentative)

Future IREC meetings are scheduled as follows: 

Commission Meetings:                                Investigative Committee Meetings:

Thursday, August 2, 2007                            Wednesday, August 1, 2007
                                                                              (Diehl, Stevens, Daniels)
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

Hughes reported that he, Hansen, and Evans were on the program at a recent meeting of the Muscatine Board of Realtors.  He noted the members filled the meeting room and the presentation was well received.

ASSISTANT ATTORNEY GENERAL REPORT

Lundquist reported he is reviewing legislation that will be effective July 1, 2007, including SF 403 which requires that the commission establish a new grant committee to disperse the real estate education funds.  Lundquist also mentioned House File 924, which requires licensees to report convictions to the commission within 10 days, prohibits persons convicted of certain offenses from applying for a license for a specific period of time, and provides for immediate suspension of the license pending hearing before the commission for certain convictions.   

STAFF REPORTS 

Hansen reported he attended the Iowa Association of Realtors Board of Directors meeting and provided an update on commission activities. 

Griffel reported the instructor development seminar held June 1st was attended by 50 Iowa instructors.  Response by participants was very positive. PSI will be holding a review session in the next several months to go over all of the Iowa specific items on the salesperson and broker licensing exams.  The rule requiring that the post license courses be completed prior to licensure become effective July 25, 2007, but not implemented until January 1, 2009. All salespersons licensed after that date must comply.  

Malek reported the FBI turnaround time is up to 8 weeks.

ERRORS AND OMISSIONS INSURANCE

Motion made by Berry, second by Daniels to extend the contract with Rice Insurance Services for next year with no premium increase.  Motion carried unanimously. 

PUBLIC COMMENT 

McLaughlin reported other law changes effective July 1, 2007 include new written disclosure requirements for referrals, and changes to the Fair Housing Law. 

CLOSED SESSION 

Motion made by Berry, seconded by Stevens, 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.  Roll call as follows: Hughes, aye; Dawley, aye; Daniels, aye; Diehl, aye; O’Neill, aye; Stevens, aye; and Berry, aye.  Motion carried unanimously.   

The Commission entered into closed session at 9:04 a.m. and arose therefrom at 9:59 a.m.

OPEN SESSION

Motion made by Dawley, second by Diehl to accept signed settlements and/or consent agreements, cease and desist or consent order for cases 05-101; A07-008; 07-038;
07-077; 07-095; 07-091; 04-165; 06-194; 07-129; 07-132 and A07-006. Motion carried unanimously with Berry abstaining on case 04-165. 

Motion made by Dawley, second by Berry to find probable cause on the following cases:  07-049; 07-122; 07-050; 07-072; 07-073; 07-0074; 07-088; 07-094; 07-105; 07-102; 07-037; 07-042; A07-011; A07-012: 07-101; 07-107; 07-109; 07-110; 07-120; 07-124; 07-128.  Motion carried unanimously. 

Motion made by Dawley, second by Berry to close the following cases: 06-241; 06-238; 07-074; 07-079; 07-087; 07-076; 07-100; 07-081; 07-082; 07-083; 07-086; 07-092;
07-093; 07-099; 07-096; 07-080; 07-084; A07-009; A07-010; 07-098; 07-045; 06-221; 07-103; 07-108; 07-114; 07-131; 07-119; 07-123;

07-116; 07-117; 07-136.  Motion carried unanimously. 

Motion made by Dawley, second by Berry to approve the proposed Findings of Fact, Conclusions of Law, Decision and Order in case number 05-025.  Roll call: Hughes, aye; Stevens, aye; Berry, aye; Dawley, aye; O’Neill, aye.  Motion carried unanimously with Diehl and Daniels abstaining. 

Motion made by Berry, second by Stevens to approve Findings of Fact, Conclusions of Law, Decision and Order in case number 04-157.  Roll call: Hughes, aye; Stevens, aye; O’Neill, aye; Berry, aye.  Motion carried unanimously with Diehl, Daniels, and Dawley abstaining. 

MEETING ADJOURNED 

Motion made by Berry, seconded by Dawley, to adjourn.  Motion carried unanimously.  Meeting adjourned at 10:53 a.m.

 

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