DELAWARE BOARD OF MASSAGE AND BODYWORK
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|Cannon Building |STATE OF DELAWARE |Telephone: (302) 744-4500 |
|861 Silver Lake Blvd., Suite 203 |DEPARTMENT OF STATE |Fax: (302) 739-2711 |
|Dover, Delaware 19904-2467 | |Website: dpr. |
| |DIVISION OF PROFESSIONAL REGULATION | |
PUBLIC MEETING MINUTES: DELAWARE REAL ESTATE COMMISSION
MEETING DATE AND TIME: Thursday, April 10, 2008 at 9:00 a.m.
PLACE: 861 Silver Lake Boulevard, Dover, Delaware
Conference Room A, second floor of the Cannon Building
MINUTES APPROVED: May 8, 2008
MEMBERS PRESENT
John R. Giles, Professional Member, Chairman, Presiding
Christopher J. Whitfield, Vice Chairman, Professional Member
Ricky H. Allamong, Professional Member, Secretary
Gilbert Emory, Public Member
Harry W. Kreger., Professional Member
Denise R. Stokes, Public Member
James L. Givens, Professional Member
Patricia O’Brien, Public Member
DIVISION STAFF/ DEPUTY ATTORNEY GENERAL
Kay Warren, Deputy Director, Division of Professional Regulation
Eileen Kelly, Deputy Attorney General
Gayle Melvin, Administrative Specialist III
MEMBER ABSENT
James C. Brannon, Jr. Public Member
ALSO PRESENT
Ruth Briggs King, SCAOR
Denise Tatman, DAR
CALL TO ORDER
Mr. Giles called the meeting to order at 9:00 a.m.
REVIEW OF MINUTES
A motion was made by Ms. Stokes, seconded by Mr. Emory to approve the minutes of the meeting held on March 13, 2008. The motion passed unanimously.
UNFINISHED BUSINESS
Sign Final Order from Hearing on Case #02-02-08 and Cast #02-03-08 Against Kevin P. O’Connor
The final order from the hearing on Case #02-02-08 and Case #02-03-8 against Kevin P. O’Connor was signed by Commission members.
Sign Final Order from Hearing for Khadre Wright
The final order from the hearing held for Khadre Wright was signed by Commission members.
Discussion: Bankruptcy Rule Consideration
Mr. Allamong provided Commission members with a draft broker of record designation form, an updated new or branch office application and proposed changes to the rules and regulations for review. A discussion was held regarding requiring a score on the credit report as defined by the national utilization of the FICO credit scoring system. Also discussed was if bankruptcy should prevent a broker from being the broker of record. A discussion was held regarding the implementation of a new form to be used to notify the Commission of a change in the broker of record. Also discussed was the broker of record ensuring that signatories on their escrow accounts are financially responsible. Ms. Warren suggested requiring duty to report. Mr. Allamong will make changes for further review.
Discussion: Property Disclosure
Mr. Allamong provided Commission members with the public comments that he had received. These comments were reviewed. There were several comments from Andy Taylor that Commission members had questions about. Mr. Allamong will invite Mr. Taylor to attend a meeting to answer those questions.
Discussion: Annual Seminar
A discussion was held regarding the annual seminar which will be held on September 11, 2008. Ms. Melvin advised the Commission that the conference room at Delaware Technical and Community College in Dover is available. She will check with Polytech School to see if their conference room is available. The Commission decided to contact the Real Estate Education Committee and request that it suggest the names of three speakers and topics for the seminar.
NEW BUSINESS
Applications for Licensure
A motion was made by Mr. Givens, seconded by Mr. Emory to approve the following new salesperson applicants as presented:
Mary S. Berl, Jones Lang LaSalle
Bradley Berzins, KLNB
Kevin Dougherty, Fameco Real Estate
Thomas Feely, Keller Williams
Paige Forman, Prudential Fox & Roach
Kevin Frazier, Keller Williams
Malkuita Green, Prudential Fox & Roach
Thomas Hickey, IV, Coldwell Banker Residential Brokerage
Kate Jordan, KLBN
Mary Lucente, Coldwell Banker Preferred
Kathryn Melcher, Coldwell Banker Rowley Realtors
Alverta Schmidt, Long & Foster
Carol Shacknai, Prudential Fox & Roach
William Sheffield, Harrington Relocation Realty
Joshua Stone, Builders 1st Choice, Inc.
James Voss, Re/Max Horizons, Inc.
Stuart West, Mertz Corporation
Rebeca Dycio, Weichert Realtors
Michele Wasson, Sunset Properties
Gwendolyn Ballen, Exit Central Realty
Kacee Benson, Century 21 Gold Key Realty
Kimberly Bortner, Prudential Fox & Roach
Dana Coleman, Re/Max Realty Group
Danny Coleman, Prudential Fox & Roach
James Creed, Fameco Real Estate
Kevin Disabatino, Patterson-Schwartz & Associates
Donna Falkowski, Keller Williams Realty
Magaret Fiorio, Beach to Bay Real Estate Center
Marlene Frederick, Long & Foster
Theresa Hill, Long & Foster
Jed Masloff, Fameco Real Estate
Ryan Mullins, Home Finders Real Estate
Mamon Neal, Millman Realty
Tonya Patton, Prudential Fox & Roach
Pamela Rivera, Prudential Fox & Roach
Nicole Rossman, Prudential Fox & Roach
Ronald Simonson, Prudential Fox & Roach
Path Snyder, Ocean Atlantic Agency
Karen Stephens-Johnson, Long & Foster
Jessica Stiner, Patterson-Schwartz & Associates
Maryhelen Garst, Seacoast Realty
Kristine Crickenberger, Prudential Fox & Roach
Darrell Davis, Exit Realty
George Bockius, Jr., Burns & Ellis Realtors
Janice Buress, Ocean Atlantic Agency
Jeffrey Thompson, Buyer’s Edge Company, Inc.
The motion passed unanimously.
The application of Carol Materniak for a non-resident broker’s license was reviewed. A motion was made by Ms. Stokes, seconded by Ms. O’Brien to approve this application. The motion passed unanimously.
The application of Susan Megargee for a non-resident broker’s license was reviewed. A motion was made by Mr. Emory, seconded by Mr. Kreger to approve this application. The motion passed unanimously.
The application of Kevin Rhude for a non-resident broker’s license was reviewed. A motion was made by Mr. Kreger, seconded by Ms. O’Brien to approve this application. The motion passed unanimously.
The application of Vincent Range for a non-resident broker’s license was reviewed. A motion was made by Mr. Kreger, seconded by Mr. Emory to approve this application. The motion passed unanimously.
The application of Eric Braunstein for a resident broker’s license was reviewed. A motion was made by Mr. Kreger, seconded by Ms. Stokes to approve this application. The motion passed unanimously.
The application of Laura Hufford for a resident broker’s license was reviewed. A motion was made by Ms. Stokes, seconded by Mr. Kreger to approve this application. The motion passed unanimously.
The application of Daniel Ryan for a non-resident salesperson’s license was reviewed. A motion was made by Mr. Kreger, seconded by Mr. Whitfield to approve this application. The motion passed unanimously.
The application of William Warren for a resident salesperson’s license was reviewed. A motion was made by Mr. Kreger, seconded by Mr. Givens to approve this application. The motion passed unanimously.
New Office Applications
The application of Ocean Atlantic Agency for a new office was reviewed. A motion was made by Mr. Givens, seconded by Mr. Emory to approve this application. The motion passed by majority vote. Mr. Giles recused himself from the review of this application.
The application of State Street Realty for a new office was reviewed. A motion was made by Ms. Stokes, seconded by Mr. Whitfield to approve this application. The motion passed unanimously.
The application of Smith Mack & Co., Inc. for a new office was reviewed. A motion was made by Mr. Emory, seconded by Ms. O’Brien to approve this application. The motion passed unanimously.
The application of Berry Real Estate, LLC for a new office was reviewed. A motion was made by Ms. Stokes, seconded by Mr. Kreger to approve this application. The motion passed unanimously.
The application of Jim O’Hara Realty for a new office was reviewed. A motion was made by Mr. Givens, seconded by Ms. Stokes to approve this application. The motion passed unanimously.
The application of Emory Hill Residential Real Estate, LLC for a new office was reviewed. A motion was made by Mr. Gilbert, seconded by Mr. Whitfield to approve this application. The motion passed unanimously.
Status of Complaints
Complaint No. 02-04-08 – Closed
Complaint No. 02-05-08 – Closed
Complaint No. 02-06-08 – Closed
Education Committee Report
Recommendation to Approve and Deny Course Providers, Instructor Applicants and Student Requests as Noted
A motion was made by Mr. Kreger, seconded by Mr. Emory to approve and deny course providers, instructor applicants and student requests as noted. The motion passed unanimously.
Discussion: Course Provider Qualifications
This was tabled until the next meeting.
Update on Scheduling Public Hearing for Proposed Rule Changes and Additions to the Education Guidelines
The Public Hearing on the proposed changes will be held at the May meeting.
Discussion: Letter from Board of Professional Land Surveyors Regarding Abolishing the Mortgage Inspection Plan (MIP) Regulation
The Commission received a letter from the Board of Professional Land Surveyors advising that it is considering abolishing the Mortgage Inspection Plan (MIP) regulation, which is utilized for deed and/or mortgage-related surveys in New Castle County. The Board offered to conduct a presentation for the Commission to explain this matter further. The Commission will request that the presentation be held at the May meeting.
Discussion: Maryland New Law on Builders
Commission members had been provided with a copy of information from Mr. Allamong concerning Maryland’s new law with regards to builders. Sales agents of new home builders in Maryland must hold now hold a real estate license. Presently in Delaware, builders can employ sale agents who are not required to hold a real estate license. A discussion was held concerning the timing of this and the opposition. It was decided that Ms. Kelly will look at the Maryland law and draft a proposal for review. Mr. Allamong will check with ARELLO to see how other states are handling this issue.
Discussion: Changing the License Period for Real Estate Licensees
Currently, resident licensees renew on April 30th of even years, non-resident licensees renew on April 30th of odd years and inactive licensees renew on June 30th of every year. Several months ago, at the request of one of the continuing education providers, Mr. Collins discussed with the Commission about changing the license renewal date for non-resident licensees. This change would help licensees and continuing education providers plan and schedule continuing education courses more easily. After that discussion, the Division of Professional Regulation proceeded to send a request to Allison Reardon, Deputy Attorney General, to make sure that there were no legal or regulatory reasons why the renewal date could not be changed. Ms. Reardon has responded that after reviewing the statute, she does not see anything that would prevent this. It was discussed that when the non-resident licensees renew in 2009, they be given a three-year license instead of a one-year license. This way, non-resident licensees will not have to renewal two years in a row. In 2012, all licensees will renew at the same time. Ms. Melvin will check to see if this is possible. The inactive renewal will be changed so inactive licensees will renew only every other year on April 30th instead of annually.
OTHER BUSINESS BEFORE THE COMMISSION (for discussion only)
There was no other business before the Commission.
PUBLIC COMMENT
There was no public comment at this meeting.
NEXT SCHEDULED MEETING
The next meeting will be held on Thursday, May 8, 2008 at 9:00 a.m.
ADJOURNMENT
A motion was made by Mr. Whitfield, seconded by Mr. Kreger to adjourn the meeting. The motion passed unanimously. The meeting adjourned at 11:45 p.m.
Respectfully submitted,
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Gayle L. Melvin
Administrative Specialist III
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