MINUTES



MINUTES

INDIANA REAL ESTATE COMMISSION

JANUARY 27, 2005

CALL TO ORDER & ESTABLISHMENT OF QUORUM

Commissioner Jackson called the meeting to order at 10:19 a.m. in Room W064 of the Indiana Government Center-South, 402 West Washington Street, Indianapolis, Indiana 46204 and declared a quorum, in accordance with IC § 25-34.1-2-3(b).

Commission Members Present:

Suzanne Jackson, 7th Congressional District Member – Chairman

H. James Litten, 5th Congressional District Member – Vice-Chairman

Timothy Reed, 1st Congressional District Member

Gloria Prawat, 2nd Congressional District Member

Rickie L. Sipe, 6th Congressional District Member

Warren V.Nash, 9th Congressional District Member

Robert Brown, Consumer Member

Craig D. Doyle, Consumer Member

Commission Members Absent:

Robert J. Schulz, 8th Congressional District Member

Vacant, 3rd Congressional District Member

Vacant, 4th Congressional District Member

Vacant, At-Large Member

State Officials Present:

Wade A. Lowhorn, Commission Director, Indiana Professional Licensing Agency

Julie Wiesinger, Commission Assistant Director, Indiana Professional Licensing Agency

Jim Schmidt, Commission Advisory Counsel, Office of the Attorney General

ADOPTION OF AGENDA

A motion was made and seconded to adopt the agenda, as amended.

PRAWAT/LITTEN

Motion carried 8-0-0

I. ADOPTION OF MINUTES FROM DECEMBER 2, 2004 MEETING OF THE COMMISSION

A motion was made and seconded to adopt the minutes of the December 2, 2004 meeting of the Commission.

PRAWAT/REED

Motion carried 7-0-1 Commissioner Nash abstained

ADVISORY COUNSEL’S REPORT

Mr. Schmidt reported on four claims that have recently been made to the Recovery Fund established under Indiana Code § 25-34.1-7.

Due to a conflict of interest, Mr. Doyle abstained from all discussion regarding this topic.

INDIANA PROFESSIONAL LICENSING AGENCY REPORT

Mr. Lowhorn reported to the Commission regarding the percentages of license real estate brokers who renewed their licenses by the deadline of December 31, 2005 and the percentages of renewals to date. Mr. Lowhorn also reported to the Commission that Larry F. Wells, Commission Member At-Large, had submitted a letter of resignation.

DELIBERATION AND POSSIBLE ISSUANCE OF FINAL ORDERS

Larry Nickell, License No. PB29600027

Administrative Cause No. IREC 04-18

Re: Proposed Findings of Fact, Conclusions of Law and Final Order

A motion was made and seconded to approve the Proposed Findings of Fact, Conclusions of Law and Final Order, in which a Letter of Reprimand shall be issued to the Respondent.

LITTEN/DOYLE

Motion carried 8-0-0

B. Kevin Pastrick, License No. AB2900159

Administrative Cause No. IREC 04-19

Re: Proposed Findings of Fact, Conclusions of Law and Final Order

A motion was made and seconded to approve the Proposed Findings of Fact, Conclusions of Law and Final Order, in which the Respondent’s license shall be revoked.

REED/DOYLE

Motion carried 7-0-1 Commissioner Nash abstained

OLD/NEW BUSINESS

A. State of Indiana v. Scott Thomas Earlywine, License No. SP30202825

Administrative Cause No.: IREC 04-15

Re: Agreement for Extension of Voluntary Suspension

A motion was made and seconded to approve the Agreement for Extension of Voluntary Suspension, which shall extend the ongoing voluntary suspension for an additional ninety days.

REED/LITTEN

Motion carried 8-0-0

B. State of Indiana v. Ruth J. Boner, License No. SP09100690

Administrative Cause No.: IREC 04-03

Re: Memorandum of Costs Incurred

A motion was made and seconded to approve the costs, as presented in the Memorandum filed on December 20, 2004, and to issue an Order requiring the recuperation of those costs.

REED/LITTEN

Motion carried 8-0-0

A motion was made and seconded to set aside previous vote.

LITTEN/REED

Motion carried 8-0-0

C. Brokerage Licensing Exemption Petition for Hallmark & Johnson Property

Management, Ltd.

A motion was made and seconded to approve an out-of-state brokerage license exemption under Indiana Code § 25-34.1-3-2(b)(12).

LITTEN/DOYLE

Motion carried 8-0-0

COMMITTEE REPORTS

1 Education Committee

A motion was made and seconded to adopt all actions taken regarding the following applicants:

REED/BROWN

Motion carried 8-0-0

1. The following application for approval of a real estate pre-licensing school site was approved:

a. Coldwell Banker School of Real Estate

Crown Point, Indiana

2. The following application for approval of a real estate pre-licensing school site was tabled pending submission of additional information:

a. Hoosier Real Estate School

Fort Wayne, Indiana

3. The following application for approval of real estate pre-licensing school instructor was approved:

a. McLain, Sue

Troyer School of Real Estate

4. The following application for approval as a salesperson and broker continuing education sponsor was approved:

a. Investment Property Exchange Services, Inc.

5. The following application for approval as a salesperson and broker continuing education sponsor was tabled pending submission of additional information:

a. First American Home Buyers Protection

6. The following significant changes to existing approved continuing education sponsors were approved:

a. Education REsource, LLC

b. Appraisal Institute, Hoosier State Chapter

c. Focus Mortgage Group, Inc.

d. Indiana Association of Realtors

e. Indiana Commercial Board of Realtors

f. National Business Institute (NBI, Inc.)

g. Real Estate Education Network (REEN)

h. Southeastern Indiana Board of Realtors, Inc.

7. The following significant changes to existing approved continuing education sponsors were tabled pending submission of additional information:

a. Acacia Mortgage, Inc.

b. Financial Strategies

c. Indiana Builders Association, Inc.

d. RE/MAX of Indiana

8. The following application for approval as a continuing education course instructor was approved:

a. Thornberry, Phillip Nathan

9. The following applications for waiver of the continuing education requirement were approved:

a. Carpenter, Muriel E.

b. Kraft, Ann B.

c. Pattengale, Susan

d. Reasor, Marilynn R.

e. Tracy, Edward H.

10. The following applications for waiver of the continuing education requirement were denied:

Adams, Nick A.

Boggs, Barbara S.

Brooks, Janice K.

Coe, Michelle Y.

Glissman, Diana G.

Pickel, Max B.

Stucker, Dwight R.

A. Rules and Legislation Committee

Commissioner Sipe reported that the Rules Committee met on January 26, 2005 to finalize proposed rules for distance continuing education learning. A final draft of proposed rules for distance continuing education learning, interest on escrow and Sellers Residential Sales Disclosure Form will be made available to the entire Commission at the February 24, 2005 meeting, at which time the Commission will be asked to provide formal approval to move forward with the rule promulgation process, as proposed.

A motion was made and seconded to approve the Committee report.

DOYLE/NASH

Motion carried 8-0-0

B. Application and Licensing Review Committee

A motion was made and seconded to adopt all actions taken regarding the following applicants:

DOYLE/LITTEN

Motion carried 8-0-0

1. The following applicants with conviction records were approved for licensure:

a. Boilanger, Todd

b. Booker, Eric D.

c. Cohee, Timothy S.

d. Dickson, Chris

e. Frazier, Adrian L.

f. Fultz II, Arrington

g. Goldsmith, Adam

h. Gurrola, Geoffrey

i. Hagle, Robbi

j. Hicks, Rita A.

k. Moser, Shiela

l. O’Donnell, David A.

m. Redmon, Sean

n. Reemer, Lauri

o. Roefer, David M.

p. Scheibelhut, Josh

q. Staeger, Donald A.

r. Stockton, Clint

s. Ternet, Brian

t. Tucker, Adrienne L.

u. Vail, Christopher

v. Ware, Ernest

w. White, Joanie

x. White, Ryan

y. Zachary, James

2. The following applicants with conviction records were tabled pending submission of additional information:

a. Graham, Brent

b. Kerkof, Matt

c. Maniatis, Vasilios

d. Syberg, Mark

3. The following application, submitted more than one hundred-twenty days after passing the required examination was denied:

a. Wu, Daniel

4. The following applications for acceptance of real estate college course credits were approved:

a. Evinger, Lawrence H.

b. Hayes, Philip E.

c. Ward, Connie C.

5. The following applications for waiver of the one year experience requirement were approved:

a. Leslie, Lee

b. Saylor, Timothy P.

c. Ward, Connie C.

6. The following application for waiver of the one year experience requirement was denied:

a. Krulewitch, Kevin

C. Complaints and Investigations Committee

Commissioner Nash reported that there had been some staff resignations within the Consumer Protection Division of the Office of the Attorney General.

A motion was made and seconded to approve the Committee report.

LITTEN/BROWN

Motion carried 8-0-0

ADJOURNMENT

There being no further business and having completed its duties, a motion was made and seconded to adjourn the meeting of the Indiana Real Estate Commission.

BROWN/DOYLE

Motion carried 8-0-0

The meeting adjourned at 11:24 a.m.

_____________________________________ __________________

Suzanne Jackson – Chairman Date

Indiana Real Estate Commission

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