MINUTES



MINUTES

INDIANA REAL ESTATE COMMISSION

May 26, 2005

CALL TO ORDER & ESTABLISHMENT OF QUORUM

Commissioner Jackson called the meeting to order at 10:05 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

Rickie L. Sipe, 6th Congressional District Member

Robert J. Schulz, 8th Congressional District Member

Warren V.Nash, 9th Congressional District Member

Robert Brown, Consumer Member

Craig D. Doyle, Consumer Member

Commission Members Absent:

Gloria Prawat, 2nd Congressional District Member

Vacant, 3rd Congressional District Member

Vacant, 4th Congressional District Member

Vacant, At-Large Member

State Officials Present:

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

Nicholas W. Rhoad, 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.

Schultz/Sipe

Motion Carried 8-0-0

I. ADOPTION OF MINUTES FROM MARCH 24, 2005 MEETING OF THE COMMISSION

A motion was made and seconded to adopt the minutes of the March 24, 2005 meeting of the Commission.

Nash / Schultz

Motion carried 8-0-0

ADVISORY COUNSEL’S REPORT

Mr. Schmidt provided the commissioners with an update on the pending recover fund cases and addressed questions about escrow monies.

INDIANA PROFESSIONAL LICENSING AGENCY REPORT

1. Mr. Lowhorn provided a legislative update to the commissioners, a description of new laws that will go into effect on July 1, 2005, and a progress update of merging PLA and HPB. He also reminded the board the rule promulgating process will begin to implement the new fee structure.

GRANTING OR DENYING PETITIONS FOR REVIEW AND APPOINTMENT OF ADMINISTRATIVE LAW JUDGE

A. Charles L. Pospisil

Re: Appeal of Denied Application for Licensure as a Real Estate Salesperson

A motion was made and seconded to grant the petition for appeal and appoint Commissioner Litten as the ALJ.

Schultz / Doyle

Motion carried 7-0-1 (Commissioner Nash abstaining)

OLD/NEW BUSINESS

A. Signature Authority Resolution

Mr. Lowhorn explained the resolution allows the Executive Director of the Professional Licensing Agency to sign orders on behalf of board chairs, not make decisions on behalf of the board.

Doyle / Schultz

Motion Carried 8-0-0

B. Policy for Handling Admissions, to the Real Estate Commission, of Practice of Real Estate with an Expired License

A motion was made that IPLA alert the Attorney General’s office of admissions of practice of real estate without an active license with the discretion of the Board Director.

Nash / Doyle

Motion Carried 8-0-0

C. State of Indiana v. Patricia Wilcox-McClung, License No. SP30301902

Administrative Cause No. IREC 05-02

Re: Agreed Extension of Summary Suspension

A motion was made and seconded to approve the Agreed Extension of Summary Suspension filed on May 24, 2005, which will extend the Summary Suspension.

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:

Litten/Schultz

Motion carried / failed 8-0-0

2. The following Application for Approval as a Real Estate Broker Continuing Education Course Sponsors was approved:

a. Key Trend, Inc.

3. The following Significant Changes to Existing Approved Continuing Education Sponsors were approved:

a. Appraisal Institute

b. Appraisal Institute – Hoosier State Chapter

c. Coldwell Banker West Shell

d. Greater Louisville Association of Realtors

e. Indiana Association of Realtors

f. Indiana Real Estate Exchangors, Inc.

g. Institute of Real Estate Management

h. Lorman Education Services (2nd Review)

i. National Association of Independent Fee Appraisers

j. Real Estate Certification Program

k. Real Estate Training Services

l. Stewart Title Garanty

4. The following Significant Changes to an Existing Approved Continuing Education Sponsor were tabled pending submission of additional information:

a. Greater Louisville Association of Realtors

b. Indiana Commercial Board of Realtors

c. McKissock, LP

5. The following Application for Instructor Approval was approved:

a. Thompson, Gary L.

A. Rules and Legislation Committee

The Committee reviewed the case of the U.S. Department of Justice v. Kentucky Real Estate Commission regarding prohibition against agents offering rebate on commission.

A motion was made and seconded to approve / deny the committee report.

Litten / Schultz

Motion carried8-0-0

B. Application and Licensing Review Committee

Nash / Litten

Motion carried 8-0-0

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

a. Bizzle, Rachel

b. Frazier, Donald (2nd Review)

c. Glazman, Mitchell

d. Newman, Edward

e. Rojas, Ruben

f. Schroct, Jeremy M. – (2nd Review)

g. Schoot, William

h. Schreck, Jack

i. Speziale, Peter

j. Stults, Christopher A.

k. AZurcher, Jackie

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

a. Boester, David

4. The following applicant with a conviction record was denied for licensure:

a. West, Julia

5. The following Applications for Acceptance of Real Estate College Course Credits were approved:

a. Beltran, Terrie

b. Berkshire, Jynell

c. Gusnell, Denise

d. Montogomery, Tammy

e. Smith, Gavin

6. The following application for Acceptance of Real Estate College Course Credits was denied:

a. Hofman, Steven

8. The following application for licensure, submitted more than 120 days after passing the examination, was denied:

a. Myatt, Quincy L.

C. Compliance and Investigations Committee

1. State of Indiana v. Gib E. Barker, License No. PB20200762

Administrative Cause No. IREC 04-02

Re: Review of Probationary File

A motion was made and seconded to approve / deny the committee report.

Doyle / Litten

8-0-0

Motion carried / failed 0-0-0

Mr. Reed provided a summary of the Attorney General’s file cleanup

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.

Jackson / Litten

Motion carried/ failed 8-0-0

The meeting adjourned at 11:25 a.m.

_____________________________________ __________________

H. Jim Litten – Chairman Date

Indiana Real Estate Commission

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