MINUTES

INDIANAREAL ESTATE COMMISSION

September 28, 2006

I. CALL TO ORDER & ESTABLISHMENT OF QUORUM

Commissioner Reedcalled the meeting to order at 10:15 a.m. in Conference Center Room 18 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

Timothy M. Reed

Craig D. Doyle

D.J. Hines

Paul Boyter

Robert C. Brown

Charles (Charlie) W. Shook

Mark R. Bock

H. James Litten

Norman E. McClain

Rickie L. Sipe

Commission Members Absent:

Carolyn McClintocK

State Officials Present:

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

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

ALL OTHER COMMITTEES MEETING9:00 a.m.

Committee meetings were held begingin at 9:00 a.m. The chairman stated that the rules committee would meet immediately followuing the adjournment of the Real Estate Commission

  1. CALL TO ORDER & ESTABLISHMENT OF QUORUM10:00 a.m.
  1. Introduction of Mr. David J. Hines, 9th Congressional District Member

Mr. Hines was introduced by Chairman Reed

  1. ADOPTION OF AGENDA

A motion was made and seconded to adopt the agenda

Litten / Brown

Motion Carried

  1. ADOPTION OF MINUTES FROM August31, 2006

A motion was made and seconded to approve the minutes from August 31, 2006

McClintock / Boyter

9/0/0

Motion Carried

  1. ELECTION OF VICE CHAIR

A motion was made and seconded to elect Mr. Shook as vice chair

Reed / Nash

9/0/0

Motion Carried

  1. ADVISORY COUNSEL’S REPORT

No report was offered

  1. INDIANA PROFESSIONAL LICENSING AGENCY REPORT

Mr. Rhoad delivered a report

  1. DISCIPLINARY HEARINGS

A.State of Indiana v. Michael Peoni

IREC 02-37

Re: Petition for withdraw of Probation

A motion was made and seconded to remove Mr. Peoni from probation.

Nash / Boyter

9/0/0

Motion Carried

  1. DELIBERATION AND POSSIBLE ISSUANCE OF FINAL ORDERS
  1. State of Indiana v. Scott Dalton

IREC 05-31

Re: Administrative Law Judge Order

A motion was made and seconded to approve the Administrative Law Judge Order

Nash / Bock

9/0/0 Motion Carried

VII.Rule Hearing
  1. LSA 06-93

Re: Extension of Temporary Practice Permit from six months to twelve months

A motion was made and seconded to approve LSA #06-93

McClintock / Shook

Motion Carried

9/0/0

VIII.OLD/NEW BUSINESS
  1. Discussion of Rule Updates

Mr. Reed and Mr. Rhoad provided an update on the Rules committee

  1. Report from the Indiana Attorney General’s Office

The Indiana Attorney General’s office provided an update on the processing of consumer complaints

  1. License renewal – positive response

1. Giszel J. O’Neal

A motion was made and seconded to approve the renewal of Giszel J. O’Neal

McClintock / Brown

Motion carried

9/0/0

  1. Request from RECP to be classified as an Approved Organization under IC 25-1-4.4

A motion was made and seconded to approve RECP as an Approved Organization under IC 25-1-4

Doyle / Nash

Motion Carried

9/0/0

  1. Petition for Hearing of Denied License

Jeffrey Stainfield

A motion was made and seconded to grant an ALJ denial hearing to Mr. Jeffrey Stainfield

Nash / McClintock

Motion Carried

9/0/0

  1. COMMITTEE REPORTS

A motion was made and seconded to approve the recommendations of the application and licensing review committee

McClintock / Doyle

Motion Carried

9/0/0

A.Application and Licensing Review Committee
  1. Applications for licensure with Positive Responses

a. James D. Ackerman

b. Elizabeth Blonski

c. Barbara Brooks

d. Paul Dietz

e. Stephen Fields

f. Shawn Fitzpatrick

g. Paul Floyd (2nd review)

h. Brian Haller

i. Stephan Andrew Koethe

j. Enrique Marrufo, Jr.

k. Ralph Edward Pittman

l. Robert E. Richards

m. Matthew P. Sponaugle

n. Carrie Watson

o. Jesus Cuevas

p. Janice McKee

q. Bobby Earley

r. Stephen Martin (2nd review)

  1. Application for Acceptance of RealEstateCollege Course Credits

a. Wilhelmina Cooper Bagley

b. Traci A. Gunderson

c. John P. Loughman

d. Isiah Parker

  1. Applications for Waiver of the One Year Experience Requirement

a. Aaron B. Adams

b. John P. Loughman

c. Stacy A. Miller

4. Waiver to take Sales exam instead of Broker exam

a. Rebecca Sue Henderson AB51342970 (expired 12/31/04)

  1. Complaints and Investigations Committee

Mr. Nash reviewed the probationary files and found all respondents to be in compliance

a.)State of Indiana v. Rita Garriott,

Administrative Cause No. IREC 05-14

Re: Review of Probationary File

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

Administrative Cause No. IREC 04-02

Re: Review of Probationary File

c.)State of Indiana v. James Pickett

Administrative Cause No. IREC 05-30