MARYLAND REAL ESTATE COMMISSION .us



MARYLAND REAL ESTATE COMMISSION

500 North Calvert Street

Baltimore, MD 21202

Mission: Protecting the health, safety, and welfare of the public

through examination, licensing, and regulatory activities regarding real estate

BUSINESS MEETING MINUTES

JULY 19, 2006, 10:30 a.m.

Highlights from the meeting:

Pendergrass departs MREC staff

New complaint tracking system in place

Next business meeting date changed to Tuesday, September 12

Machat reappointed by Governor

Kupres appointed Vice Chair

Connelly approved to sign

Travel funds available for 2006-2007

PRESENT:

Commissioner Nancy R. Simpers, Chair (Industry)

Commissioner Anne S. Cooke (Industry)

Commissioner J. Nicholas D’Ambrosia (Industry)

Commissioner Stephen F. Kupres (Consumer)

Commissioner Sydney L. Machat (Industry)

Commissioner Colette P. Youngblood (Consumer)

Joseph Sliwka, Commissioner, O & P

Harry Loleas, Deputy Commissioner, O & P

Katherine F. Connelly, Executive Director

Susan Cherry, Assistant Attorney General

Patricia Hannon, Asst Director/Session Recorder

ABSENT:

Elizabeth Trimble, AAG, Counsel

Commissioner Steven VanGrack, Vice Chair (Consumer)

Commissioner Arthur M. Eisenstein (Consumer)

PUBLIC IN ATTENDANCE:

Carolyn Cook, GBBR

CALL TO ORDER:

Nancy R. Simpers, Chair, called the meeting to order at 10:35 a.m.

APPROVAL OF MINUTES:

Motion (made by J. Nicholas D’Ambrosia, seconded by Colette P. Youngblood) To approve the minutes of the June 21, 2006 business meeting. Unanimous approval.

REPORT OF COMPLAINTS/ADMINISTRATIVE DISMISSALS:

Motion (made by Stephen F. Kupres, seconded by Colette P. Youngblood) To approve the Administrative Dismissals for the month of July 2006. Motion carried.

COMMITTEE REPORTS:

1. Education – J. Nicholas D’Ambrosia, Chair

• 1,546 salesperson and 98 broker exams were administered by PSI during the month of June 2006. The exam report for Fiscal Year 2006 (July 1, 2005 to June 30, 2006) will be available at the August 16, 2006 business meeting. Mr. Machat asked for exam pass/fail rates for neighboring states whose exams are administered by PSI.

• PSI will provide to each real estate career schools its students’ pass/fail rates for FY 2006. The Maryland Higher Education Commission requires each school to file a yearly report of student enrollment, completion, and pass rates.

• Commissioners requested the Maryland Higher Education Commission’s FY 2005 Report on Maryland’s private career schools.

• The passing grade for both the salesperson and broker exams is 70%. A change in the passing grade may be considered by Commissioners in the future.

2. Legislative – Anne S. Cooke, Chair

• Ms. Cooke attended the public hearing of the Task Force on Common Ownership Communities which was held in Annapolis on June 29, 2006.

• The proposed legislation on 17-607 is moving through Department review. Insurance providers are included in the draft.

COMMENTS FROM EXECUTIVE DIRECTOR: Katherine F. Connelly

1. Current data base of 54,016 licensees includes 4,650 brokers, 3,052 associate brokers, 45,704 salespersons, and 610 branch offices.

2. The Executive Director’s year end report for Fiscal Year 2006 will be available at the August meeting.

3. Interviews were completed for the Auditor position, a candidate selected, and the offer will be made as soon as approval is received from the Department’s Personnel Unit.

4. A candidate has been selected for the contractual clerical position and an offer will be made shortly.

5. MREC’s Licensing Supervisor, Shawn Pendergrass, accepted a position with another state agency. Ms. Pendergrass was a key staff member who had knowledge of the in-house data base and Internet licensing processes. These licensing duties have been divided among other staff members. Everyone is helping until a new supervisor can be hired.

6. The Guaranty Fund balance is $1,720,666

7. Deputy Secretary Safko, Commissioner Sliwka, and Executive Director Connelly met with Thomas Dewberry, Chief Administrative Law Judge for the Office of Administrative Hearings. The purpose was to understand OAH policies, charges, and the status of MREC cases awaiting hearing dates. The meeting was informative and productive.

8. As directed at the June business meeting, real estate education providers were informed of new and upcoming changes to real estate law regarding special funding, branch office manager licensing, and reciprocal licenses.

9. Ms. Connelly continues to reach out to and meet with local boards and organizations.

Page 2 of 4 7-19-2006

10. A meeting is planned with the Division’s publication specialist to start the process for MREC’s online newsletter.

11. Ms. Connelly proposed moving Panel #1 hearings from the fourth Thursday of the month to the third Wednesday in the afternoon of the business meeting. Rooms and legal staff are available and Panel members prefer this arrangement. It was agreed to begin on October 18, 2006. Commissioners were asked to update their calendars for the remainder of the year.

12. Reminder that the date for the September business meeting is changed to Tuesday, September 12, 2006. MREC’s website shows the new date and the Maryland Register was notified.

13. Ms. Connelly instituted the use of a new in-house computer program to better track complaints commencing July 1, 2006.

COMMENTS FROM CHAIR: Nancy R. Simpers

1. Commissioner Machat was recently reappointed by Governor Ehrlich for a 4-year term. Mr. Machat has served on the Commission since 1995.

2. Chair announced appointments to Panel #1. J. Nicholas D’Ambrosia will serve as Panel Chair. Other members are Commissioners Machat and VanGrack. Alternates will be the Commissioner for Baltimore City (currently vacant), Commissioners Simpers and Eisenstein. Assigned staff for Panel 1 is Lucinda Rezek.

3. The Chair appointed Anne S. Cooke as Chair of Panel #2. Other Panel members are Commissioners Kupres and Youngblood. Alternates will be the Commissioner for Baltimore City (currently vacant), Commissioners Simpers and Eisenstein. Assigned staff is Kim Hurt-Hardy.

4. Ms. Simpers asked appointed Commissioners to mark their calendars now to be available on business meeting dates.

UNFINISHED BUSINESS:

1. Chairperson Simpers selected Stephen F. Kupres to serve as Vice Chair of the Commission.

2. The Executive Director outlined the types of documents she is requesting approval to sign.

• Settlement agreements recommended on cases Panel reviewed – Executive Director has had permission to sign in her name

• Settlement agreements on cases not reviewed by Panels but where there are clear violations, no Guaranty Fund claim, and the parties have been contacted – permission requested for Executive Director to sign in her own name. Counsel advised this permission would expedite case resolution in matters where the licensee has admitted to or otherwise acknowledged a violation and there has been no harm to the public.

• Permission requested for Executive Director to sign the Panel Chair’s name as needed.

After lengthy discussion, Motion (made by Colette P. Youngblood, seconded by Stephen F. Kupres) To give authorization to sign certain documents on behalf of the Panel Chair by the Executive Director. All in favor; Motion carried.

NEW BUSINESS:

1. The 2006-2007 budget for out-of-state travel is $15,000 for Commissioners’ and the Executive Director’s travels. Commissioners discussed how to apportion these funds for the year based on the number of functions and amount of interest. In September, three Commissioners and Ms. Connelly are interested in attending ARELLO’s Annual Conference in San Antonio, Texas. All Commissioners interested in attending are to submit the forms for out-of-state travel approval.

2. The State policy was explained on reimbursement. Out-of-state travel expenses must be approved in advance by the Division head, Office of Budget and Fiscal Services, and Office of the Secretary. Upon approval, the traveler is provided with an authorization number which is then used to finalize airline reservations through the State travel agency. Upon return, receipts are needed for all reimbursements except for the State standard meal allowance.

Page 3 of 4 7-19-2006

3. Commissioner Machat suggested the Education Committee report be expanded to include a report on distance learning continuing education.

ADJOURNMENT:

There being no further business, the meeting adjourned at 12:10 p.m. The next monthly business meeting is Tuesday, September 12, 2006.

APPROVED AS PRESENTED ____________________________________________________

Nancy R. Simpers, Chairperson

APPROVED AS AMENDED ______________________________________________________

Nancy R. Simpers, Chairperson

Page 4 of 4 7-19-2006

................
................

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

Google Online Preview   Download