INDIANA REAL ESTATE COMMISSION



Indiana Real Estate Commission

Will meet on Wednesday, May 23, 2007 at 9:00 a.m.

Indiana Government Center-South,

Room W064

402 West Washington Street, Indianapolis, Indiana 46204

MINUTES

INDIANA REAL ESTATE COMMISSION

May 23, 2007

I. CALL TO ORDER & ESTABLISHMENT OF QUORUM

Commissioner Reed called the meeting to order at 10:10 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:

Sue Cox

Craig D. Doyle

Robert C. Brown

Charles (Charlie) W. Shook

Rickie L. Sipe

Susan Daniel

Mark Bock

Timothy M. Reed

H. James Litten

Paul Boyter

Commission Members Absent:

Norman E. McClain

DJ Hines

State Officials Present:

Nicholas W. Rhoad, Commission Director, Indiana Professional Licensing Agency

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

I. ADOPTION OF AGENDA

A motion was made and seconded to adopt the agenda.

McClintock / Doyle

Motion Carried

10-0-0

II. ADOPTION OF MINUTES FROM April 25, 2007

A motion was made and seconded to adopt the minutes from April 25, 2007.

Doyle / Sipe

Motion carried

10-0-0

III. RECOGNITION OF MR. ROBERT BROWN FOR HIS SERVICE TO THE STATE OF INDIANA AND THE INDIANA REAL ESTATE COMMISSION

The Commission recognized Mr. Robert Brown and presented him with a service award.

INDIANA ATTORNEY GENERAL’S OFFICE REPORT

The Attorney General’s office provided a report on the processing of consumer and administrative complaints.

VII. ADMINISTRATIVE RULE HEARING

A. LSA 06-95

Re: This rule seeks to make the necessary changes to the Appraiser Licensure and Certification Board’s rules to comply with new federal guidelines that govern the necessary requirements to obtain an appraiser license. LSA 06-95 also makes changes not required by federal mandate, but are being made to remove barriers to practice.

The Commission held a rule hearing on LSA #06-95. A vote was not taken because the Commission was awaiting approval from OMB. No public testimony was offered.

VIII. LSA DOCUMENT #07-67, RE-ADOPTION OF RULES FOR THE INDIANA REAL ESTATE COMMISSION

Re: Entertainment of a Motion to considered the costs and requirements imposed on small businesses pursuant to IC 4-22-2.5-3.1(c) and state on the record what rules imposes these costs on small business and whether or not there is any alternative.

A motion was made and seconded to re-adopt the rules of the Indiana Real Estate Commission.

Doyle / Shook

Motion Carried

10-0-0

IX. DELIBERATIONS AND POSSIBLE ISSUANCES OF FINAL ORDER

A. State of Indiana v. Donald Gwinnup

IREC 07-03

Re: Administrative Law Judge Order

A motion was made and seconded to approve the Administrative Law Judge and revoke the license of Mr. Gwinnup

McClintock / Cox

Motion Carried

10-0-0

B. State of Indiana v. Steven Micic

IREC 07-04

Re: Motion For Voluntary Dismissal By Petitioner

A motion was made and seconded to grant the motion for voluntary dismissal.

Doyle / McClintock

Motion Carried

10-0-0

C. State of Indiana v. Mark Todd Roberts

IREC 07-05

Re: Motion For Voluntary Dismissal By Petitioner

A motion was made and seconded to grant the motion for voluntary dismissal.

Shook / Litten

Motion Carried

10-0-0

D. State of Indiana v. Lorrie Roberts

IREC 07-06

Re: Motion For Voluntary Dismissal By Petitioner

A motion was made and seconded to grant the motion for voluntary dismissal.

McClintock / Doyle

Motion Carried

10-0-0

E. State of Indiana v. David Donnelly

IREC 07-07

Re: Motion For Voluntary Dismissal By Petitioner

A motion was made and seconded to grant the motion for voluntary dismissal.

Shook / Doyle

Motion Carried

10-0-0

F. State of Indiana v. Tony Lusby

IREC 07-08

Re: Motion For Voluntary Dismissal By Petitioner

A motion was made and seconded to grant the motion for voluntary dismissal.

Litten / Shook

Motion Carried

10-0-0

G. State of Indiana v. William Gause

IREC 07-11

Re: Motion For Voluntary Dismissal By Petitioner

A motion was made and seconded to grant the motion for voluntary dismissal.

Litten / McClintock

Motion Carried

10-0-0

X. APPROVAL OF COSTS

A. Correction of costs in State of Indiana v. Donald Black

A motion was made and seconded to approve the amended costs in the State

of Indiana v. Donald Black.

Daniel / Sipe

Motion Carried

10-0-0

B. Correction of costs in State of Indiana v. Stacey Black

A motion was made and seconded to approve the amended costs in the State

of Indiana v. Stacey Black.

Daniel / Sipe

Motion Carried

10-0-0

PERSONAL APPEARANCES

C. John B. Allen – Personal Appearance

A motion was made and seconded to issue a probationary license concurrent with the probation from the criminal court.

Shook / Bock

Motion Carried

10-0-0

OLD/NEW BUSINESS

D. ARELLO Mid-Year meeting summary

Mr. Rhoad provided an update of the mid-year ARELLO meeting

E. ARELLO attendance approval for District Conference and Annual Conference

A motion was made and seconded to approve attendance at the ARELLO

District Conference and Annual conference for at two people, including PLA

staff and Commissioners.

Bock / Litten

Motion Carried

10-0-0

F. Rules Committee Meeting Calendar Discussion

Mr. Reed decided the Rules Committee would meet on Thursday June 28,

2007

G. Neighborhood Association Discussion

Mr. Reed requested Mr. Schmidt research restrictions neighborhood

associations can place on the sale of homes and the limiting of licensed

professionals to practice.

H. Statement of the National Association Of Realtors ® “The Role of the Secondary Market in Subprime Mortgage Lending”

The Commission was provided with the above document for informational

purposes.

I. Legislative Update

Mr. Rhoad provided an update on the legislative matters below:

1. (United States Congress) H.R. 1876: Mortgage Cancellation Relief. When some portion of a mortgage debt on a principal is forgiven the borrower will not be required to recognize the forgiven amount as income or to pay to tax on it.

2. SB377: Appraiser Bill

3. SB352: Seller’s Disclosure

4. HB1717: Mortgage Brokers

5. HB1210: Homeowner’s Protection Unit

6. HB1525: Property Tax rate and mortgage counseling

XI. COMMITTEE REPORTS

A. Education Committee

1. Approved School Site

a. Ivy Tech Community College; 2960 North Meridian Street Indianapolis, IN -A

2. Pre-Licensing Instructor Applicants

a. R. Lee Leavell -A

4. Continuing Education Providers

a. NBI, Inc. DBA National Business Institute Ed. Council R.A.

Course: Real Estate Transactions Made Painless and Efficient 7.0

Instructor(s): D. Bryan Weese

Course: Land Use and Zoning Law Litigation 7.0 E hours

Instructor(s): Steven D. Hardin ; Eric Damian Kelly; Brian J. Zaiger -A

b. Access Education, Inc. Ed. Council R.A.

Course: Crossing the Line- Predatory Lending 4.0 E hours -A

c. Real Estate Education Network (REEN) Ed. Council R.A.

Approval for online education programs -A

d. Hoosier State Chapter of the Appraisal Institute

Course: An Introduction to Legal Descriptions & Land Surveying

3.0E hours Sales and Brokers -A

e. The National Real Estate Training Institute

Director: Don L. Ross Ed. Council R.A.

Instructor: Don L. Ross Ed. Council R.A.

Course: The Broker Price Opinion Guide needs review -A

f. William D. Wilson

Director: William D. Wilson

Instructor: William D. Wilson

Course: Foreclosures and Short Sales 3.0 Elective hours

-A

5. Continuing Education Instructor Applicants

a. Richelle Cohen Mossler -A

b. Marc L. Griffin -A

c. Greg Ullrich -A

d. Kelly M. Shonborn -A

6. Waiver of One Year Experience Requirements

a. Philip Beaton -A

b. Bernadine Champagne -A

c. Mark Tansil -T

7. Acceptance of College Credits

a. Douglas R. Mills -A

b. Terrell -A

c. Yoder -A

B. Positive Responses

1. Orrick Mark Bridges -A

2. Matthew Michael Brown -A

3. David Justin DeHart -A

4. Julie M. Lucas -A

5. Sheryl L. Luczkowski -D

6. Allen Bradley Merritt -A

7. Shaun L. Ozbun -A

8. Ryan T. Stachon -A

9. Jordan Vukas -A

10. Jack G. Becker -A

11. Carl E. Dant -A

12. Edwin Lawrence Keller -T

13. Reylon K. Lockhart -T

14. Christie Allyson Steckelmann -A

15. Christie Michelle Sutherland -A

16. Julie Whitaker -A

A motion was made and seconded to approve the recommendations of the

education and application committees

Doyle / Shook

Motion Carried

10-0-0

A motion was made and seconded to adjourn the meeting at 11:30 a.m.

Cox / Boyter

Motion Carried

10-0-0

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