Home [www.rld.state.nm.us]



New Mexico Real Estate CommissionMeeting of November 18, 2013Real Estate Commission Offices5200 Oakland Avenue NEAlbuquerque, New MexicoMINUTESCommissioners Present:Peter Parnegg, PresidentKurstin Johnson, Vice PresidentRobert Dunn, SecretaryClifford Stroud, MemberKirk Clifton, MemberStaff Present:Wayne W. Ciddio, Executive SecretaryWalter Mullen, Chief InvestigatorJacque Moise, InvestigatorWilliam “Greg” Valdez, InvestigatorClaire Conrad, Education AdministratorOthers Present:Jennifer Salazar, Assistant Attorney Generaland Commission CounselMona Valicenti, Assistant Attorney General9:00 a.m. – Call to Order, Welcome, and Introductions – Peter Parnegg, PresidentCommissioner Parnegg called the meeting to order at 9:00 a.m. He asked Commissioners and Commission staff to introduce themselves.Determination of a QuorumCommissioner Parnegg determined that a quorum was present.Approval of the Agenda of the November 18, 2013 MeetingCommissioner Robert Dunn moved that the agenda for the November 18, 2013 meeting be approved. Commissioner Kurstin Johnson seconded the motion and it carried unanimously.Old BusinessApproval of the Minutes of the Rule Hearing and Regular Meeting of September 16, 2013Commissioner Dunn moved approval of the minutes of the Rule Hearing and Regular Meeting of September 16, 2013. Assistant Attorney General and Commission Counsel Jennifer Salazar pointed out that language on page 21 of the minutes indicated that she had asked Commission staff to draft letters to Melody Sauceda in NMREC Case No. 10-02-06-100 and Karen Ray Bernauer in NMREC Case No. 12-07-01-054 relative to fines assessed by the Commission that remain unpaid.Ms. Salazar said the minutes should be amended to reflect that it was a motion by Commissioner Dunn, a second by Commissioner Johnson, and a unanimous vote by the Commission that directed Commission staff to take such action. Commissioner Dunn subsequently moved that the minutes be so amended. Commissioner Johnson seconded the motion and it carried missioner Johnson moved that the minutes of the Rule Hearing and Regular Meeting of September 16, 2013 be approved as amended. Commissioner Dunn seconded the motion and it carried unanimously.New BusinessBroker and Public ForumDan Newman representing the Commercial Association of Realtors of New Mexico (CARNM) addressed the Commission about the association’s concerns about the availability of Commission approved courses relevant to commercial brokers.Among Mr. Newman’s suggestions was that Mandatory Course instructors have the flexibility to adjust and/or give special emphasis to parts of the course that are more relevant to commercial brokers depending on the makeup of a given class.David R. Vazquez addressed the Commission to ask that his license application be approved. Mr. Vazquez has satisfied the terms of a disciplinary action that resulted in the revocation of his broker’s licenses and payment of fines. The Commission had asked Mr. Vazquez to appear before the Commission because he was late in paying the fine.Receipt of Rice Insurance 2014 Errors and Omissions Group Insurance Policy TermsCommission Executive Secretary Wayne Ciddio reported that Rice Insurance Services Corporation (RISC) has given the Commission written notice of its intention to exercise its option to extend its contract with the Commission for an errors and omissions group insurance program for real estate brokers for 2014 at an annual premium of $282. Report on Live Scan Licensee Fingerprinting ProgramMr. Ciddio said the Commission was recently notified by the New Mexico Department of Public Safety (DPS) that after November 7, 2013, licensee fingerprinting will convert from paper fingerprint cards to an electronic Live Scan system. Mr. Ciddio said the Commission emailed notice of the change in fingerprinting procedures to all licensees for whom it has email addresses, placed a notice and fact sheet on the Commission web site, and has begun including notices in license renewal packets.Report of the Education Steering Committee (ESC) and approval of ESC MinutesThe report and minutes were presented by ESC Chairman Jack Sheehan and Education Administrator Claire Conrad.After discussion, Commissioner Dunn moved approval of the minutes of the ESC meetings of August 21 and September 18, 2013. Commissioner Clifford Stroud seconded the motion and it carried unanimously. Update on Implementation of Education PlanMr. Ciddio and Ms. Conrad reported that in response to recommendations from the August special Commission meeting on education, Michael Bustamante of the Greater Albuquerque Association of Realtors (GAAR) has been asked to submit a proposal for an Instructor Development Workshop in the spring of 2014 focused on technology tools for delivering continuing education courses.,Chief Investigator’s ReportChief Investigator Walter Mullen provided Commissioners with a case status and activity report covering the period of time since the September 16, 2013 Commission meeting. During a discussion of the complaint process, Commissioner Parnegg asked that staff review the letters sent by the Commission to complainants and respondents upon receipt of a written complaint to determine if they sufficiently describe the procedures and time frames involved in processing complaints. He said brokers take complaints against them very seriously and need to understand the process as fully as possible. Information ItemMr. Mullen also reported that there are no disciplinary hearings scheduled as of today’s Commission meetingExecutive SessionCommissioner Stroud moved that Pursuant to Sections 10-15-1 H (1) and (7) of the Open Meetings Act, the Commission go into Executive Session to discuss the items on today’s agenda listed under Item 6, Executive Session, as well as the license application of David R. Vazquez, and an update from Commission Counsel on pending litigation. Commissioner Clifton seconded the motion. Mr. Ciddio called the roll. Commissioners Parnegg, Johnson, Dunn, Stroud, and Clifton voted in favor of the motion. No Commissioners voted against the motion.At the conclusion of the Executive Session, Commissioner Parnegg declared that the Commission was back in open session and attested that the only matters discussed in Executive Session were the matters specified in the motion to go into Executive Session.Action on Items Discussed in Executive Sessioni. Consideration of License Application, David R. VazquezCommissioner Dunn moved that the license application of Mr. Vazquez be approved. Commissioner Johnson seconded the motion and it carried unanimously.ii.Case DismissalsNMREC Case No. 12-10-08-087; NMREC Case No. 12-11-07-097; NMREC Case No. 12-12-02-100; NMREC Case No. 13-01-01-001; NMREC Case No. 13-01-04-004; NMREC Case No. 13-01-06-006; NMREC Case No. 13-05-10-060; NMREC Case No. 13-06-11-072; NMREC Case No. 13-06-14-075; NMREC Case No. 13-07-05-missioner Dunn moved that the Commission dismiss the above-referenced cases based on a finding of no violations.NMREC Case No. 12-12-11-112Commissioner Dunn moved that the Commission offer the respondent in the above-referenced case a letter of reprimand, a $2,000 fine and completion for no continuing education credit of courses in Fair Housing and Property Management in lieu of the issuance of a Notice of Contemplated Action (NCA) with the understanding that if the respondent does not accept the offer within thirty (30) days, the matter will be referred to the Attorney General’s Office for the issuance of an NCA. Commissioner Johnson seconded the motion and it carried unanimously.NMREC Case No. 13-01-15-015Commissioner Dunn moved that the Commission offer the respondent a letter of reprimand, a $500 fine, and completion for no continuing education credit of a course in Property Management in lieu of the issuance of an NCA with the understanding that if the respondent does not accept the offer within thirty (30) days, the matter will be referred to the Attorney General’s Office for the issuance of an NCA. Commissioner Stroud seconded the motion and it carried unanimously.NMREC Case No. 13-07-02-078Commissioner Dunn moved that the Commission offer the respondent a letter of reprimand, a $500 fine, and completion for no continuing education of a course in Property Management in lieu of the issuance of an NCA with the understanding that if the respondent does not accept the offer within thirty (30) days, the matter will be referred to the Attorney General’s Office for the issuance of an NCA. Commissioner Johnson seconded the motion and it carried unanimously. NMREC Case No. 13-10-07-110Commissioner Dunn moved that the Commission issue an NCA to the respondent. Commissioner Stroud seconded the motion and it carried unanimously.NMREC Case No. 13-10-08-111Commissioner Dunn moved that the Commission issue the respondent an advisory letter. Commissioner Stroud seconded the motion and it carried unanimously.NMREC Case No. 13-10-09-112Commissioner Dunn moved that the Commission issue an NCA to the respondent. Commissioner Johnson seconded the motion and it carried unanimously.NMREC Case No. 13-10-10-113Commissioner Dunn moved that the Commission issue the respondent an advisory letter. Commissioner Stroud seconded the motion and it carried unanimously.ii.Decisions and OrdersNMREC Case No. 11-06-01-046, Donald BrainardCommissioner Dunn moved that the Commission adopt the hearing officer’s report in the above-referenced matter. Commissioner Johnson seconded the motion and it carried missioner Dunn moved that the respondent be issued a letter of reprimand, fined $1,000, and assessed $1, 508.11 in administrative hearing costs for violating Sections 61.29.12 A (10) and (11) of the Real Estate License Law and Part 16.61.19.8 A of the Commission Rules. Commissioner Stroud seconded the motion and it carried unanimously.NMREC Case No. 11-11-03-099, Dianne BurnsideCommissioner Dunn moved that the Commission adopt the hearing officer’s report in the above-referenced matter. Commissioner Stroud seconded the motion and it carried missioner Dunn moved that the respondent’s license be suspended for two years beginning no later than December 13, 2013, and that she be fined $2,000 and assessed $701.06 in administrative hearing costs for violating Sections 61-29-12 A (1), (2), (10), and (11) of the Real Estate License Law and Parts 16.61.19.8 (A), (C), (D), (E) of the Commission Rules. Commissioner Johnson seconded the motion and it carried unanimously. NMREC Case No. 12-02-07-022, Dianne BurnsideCommissioner Dunn moved that the Commission adopt the hearing officer’s report in the above-referenced matter. Commissioner Stroud seconded the motion and it carried missioner Dunn moved that the respondent’s license be revoked effective December 13, 2013, and that she be assessed $881.35 in administrative hearing costs for violating Sections 61-29-12 A (10) and (11) of the Real Estate License Law and Parts 16.61.19.8 (A) and (C) of the Commission Rules and that the license revocation in this matter supersede the license suspension imposed in NMREC Case No. 11-11-03-099. Commissioner Johnson seconded the motion and it carried unanimously. iii. Default OrdersNMREC Case No. 11-11-10-106, Shaun AnayaCommissioner Dunn moved that the Commission revoke by default the broker’s license of the above-referenced broker for his failure to respond to an NCA within the time frame specified by the Uniform Licensing Act (ULA). Commissioner Stroud seconded the motion and it carried unanimously.NMREC Case Nos. 12-10-11-090 & 12-11-05-095, Joel RuttenCommissioner Dunn moved that the Commission revoke by default the broker’s license of the above-referenced broker for his failure to respond to an NCA within the time frame specified by the ULA. Commissioner Johnson seconded the motion and it carried unanimously.iv.Request by Attorney General’s Office to Withdraw Notice of Contemplated Action (NCA)NMREC Case No. 11-10-08-092, Essary vs. Zeri and GarciaCommissioner Dunn moved that the Commission withdraw its request that the Attorney General issue an NCA to the respondent in the above-referenced matter on the basis of the administrative prosecutor’s advice that there is not sufficient evidence to proceed with prosecution of the case. v.Enforcement of Commission OrdersNMREC Case No. 08-05-16-016, Courtney Hewes (Decision & Order)Commissioner Dunn moved that the Commission take no further action to collect a fine and administrative hearing costs assessed against the respondent in the above-referenced matter. Commissioner Johnson seconded the motion and it carried unanimously.NMREC Case No. 10-09-06-100, Melody Sauceda (Decision and Order)Commissioner Dunn moved that the Commission authorize Commission Counsel to file a proceeding in District Court seeking to collect a $5,000 fine assessed by the Commission and upheld by the District Court against the respondent in the above-referenced case. Commissioner Stroud seconded the motion and it carried unanimously.NMREC Case No. 11-05-06-045, Alan Nguyen (Settlement Agreement)Commissioner Dunn moved that the staff be directed to write a letter to the respondent in the above-referenced case demanding that he pay by the end of the year the fine he agreed to pay as part of a settlement agreement in the above-referenced matter. Commissioner Johnson seconded the motion and it carried unanimously.NMREC Case No. 12-07-01-054, Karen Ray BernauerCommissioner Dunn moved that the staff be directed to write a letter to the respondent in the above-referenced case advising her that although she has served the license suspension and completed the course work ordered by the Commission, her license will not be reinstated until she pays the $3,000 fine and administrative hearing costs that were part of the Commission order. Commissioner Stroud seconded the motion and it carried unanimously.AdjournmentThere being no further business, the meeting was adjourned at approximately 2:00 p.m.____________________________________________Robert Dunn, SecretaryNew Mexico Real Estate Commission ................
................

In order to avoid copyright disputes, this page is only a partial summary.

Google Online Preview   Download