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2007Meeting Minutes

Iowa Real Estate Commission
1920 SE Hulsizer Road
Ankeny, IA 50021
October 11, 2007

MINUTES

Present: James Hughes, Chair, Laurie Dawley, Vice-Chair, Dan Berry, Judy Stevens, Lori Diehl, James O’Neill

Absent: Patty Daniels

Others Present: Roger Hansen, Executive Officer; John Lundquist, Assistant Attorney General (arrived at 9:20 a.m.); Jeff Evans, Auditor; David Batts, Compliance Officer; 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.

PETITION FOR DECLATORY ORDER D07-01

Tomi Nelson, Senior Financial Analyst for Iowa Realty, and Ron Fadness, Attorney, representing Iowa Realty, appeared in support of the petition. Hughes invited both to the table. Fadness spoke in support of the filing and answered questions. Nelson provided a demonstration of the proposed electronic record storage system and answered questions.

Motion made by Berry, second by Dawley to grant the Petition for Declaratory Order D07-01 and requested that staff draft an order for commission approval at the next meeting. Motion carried unanimously.

MINUTES

Motion made by O’Neil, seconded by Berry, to approve the August 2, 2007 minutes as amended. Motion carried unanimously.

MEETING SCHEDULE (Tentative)

Future IREC meetings are scheduled as follows:

Commission Meetings: Investigation Committee Meetings:

Thursday, November 15, 2007 Wednesday, November 14, 2007
(Stevens, Diehl, Dawley)

Thursday, December 13, 2007 Wednesday, December 12, 2007

MEETING SCHEDULE        2008 (Tentative)
Thursday, January 16, 2008 Wednesday, January 15, 2008
Thursday, February 14, 2008 Wednesday, February 13, 2008
Thursday, March 13, 2008 Wednesday, March 12, 2008
Thursday, April 17, 2008 Wednesday, April 16, 2008
Thursday, May 22, 2008 Wednesday, May 21, 2008
Thursday, June 26, 2008 Wednesday, June 25, 2008
Thursday, July 24, 2008 Wednesday, July 23, 2008
Thursday, September 11, 2008 Wednesday, September 10, 2008
Thursday, October 09, 2008 Wednesday, October 08, 2008
Thursday, November 13, 2008 Wednesday, November 12, 2008
Thursday, December 11, 2008 Wednesday, December 10, 2008

COMMISSIONER REPORTS

O’Neill, as a public member, reported the value of the newsletter in helping protect the public.

ASSISTANT ATTORNEY GENERAL REPORT

Lundquist reported he attended the ARELLO meeting and presented cases during the Law and Regulation Monitoring Committee Meeting.

STAFF REPORTS

Klisares reported that staff is preparing for renewal season.

Malek reported the FBI fingerprint fee has increased $6.25 making the new fee amount for background checks $52.25.

Batts indicated seeing an increase in the number of cases this year compared to last year.

Hansen reported he attended the ARELLO meeting and license recognition was a reoccurring topic.

PUBLIC COMMENT

Paul McLaughlin from the Iowa Association of Realtors spoke about proposed 2008 legislative issues; pending national issues; and will investigate any assistance the Association may provide the Grant Committee.

CLOSED SESSION

Motion made by Berry, seconded by Diehl, 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; Diehl, aye; O’Neill, aye; Stevens, aye; and Berry, aye. Motion carried unanimously.

The Commission entered into closed session at 11:08 a.m. and arose therefrom at
12:40 p.m.

OPEN SESSION

Motion made by Dawley, second by Berry to accept signed settlements and/or consent agreements, cease and desist or consent order for cases 07-037; 07-120; 07-159;
07-170; 07-075; 07-135; 07-043; 07-127; 07-042; 07-125; 07-124; 07-102; 07-105; 07-049; 07-050; 07-101; A07-011; A07-016; A07-013; A07-014; A07-012; A06-014 and 06-082. Motion carried unanimously.

Motion made by Dawley, second by O’Neill to find probable cause on the following cases: 07-107 (Stevens removed); 07-094; 07-155; 07-156; 07-168; 07-197; 07-198; 07-199; 07-200; 07-212; 07-177; 07-184; 07-186; 07-214; 07-015; 07-157; 07-158; 07-160; 07-169; 07-166; 07-187; 07-188; 07-192; 07-195; 07-196; 07-174; 07-171; 07-205; 07-206; 07-209; 07-213; 07-219; A07-017 and A07-019. Motion carried unanimously.

Motion made by Dawley, second by Berry to close the following cases: 07-088; 07-144; 07-175; 07-178; 07-202; 07-207; 07-208; 07-210; 07-203; 07-181; 07-162; 07-172; 07-176; 07-179; 07-180; 07-182; 07-204; A07-018 and A07-020. Motion carried unanimously.

Motion made by Dawley, second by O’Neill to deny license for case 07-133. Motion carried unanimously.

Motion made by O’Neill, second by Dawley to deny request for substitution of experience (543B.15(8)) for Andrew Volz.

MEETING ADJOURNED

Motion made by Berry, seconded by Stevens, to adjourn. Motion carried unanimously. Meeting adjourned at 12:47 p.m.



 

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