MINUTES
INDIANA REAL ESTATE COMMISSION
March 30, 2006
I. CALL TO ORDER & ESTABLISHMENT OF QUORUM
Commissioner Reed called the meeting to order at 10:15 a.m. in Conference Center Room C 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:
Timothy M. Reed
Craig D. Doyle
Mark R. Bock
Norman E. McClain
Warren V. Nash
Paul Boyter
Robert C. Brown
Carolyn McClintock
Rickie L. Sipe
Charles (Charlie) W. Shook
Commission Members Absent:
H. James Litten, Chairman
Suzan (Sue) M. Cox
State Officials Present:
Nicholas W. Rhoad, Commission Director, Indiana Professional Licensing Agency
Jim Schmidt, Commission Advisory Counsel, Office of the Attorney General
II. ADOPTION OF AGENDA
A motion was made and seconded to adopt the agenda
Doyle / Nash
Motion Carried 10-0-0
III. ADOPTION OF MINUTES FROM JANUARY 26, 2006
A motion was made and seconded to adopt the agenda
Nash / McClintock
Motion Carried 10-0-0
IV. ADVISORY COUNSEL’S REPORT
Mr. Schmidt stated nothing to report
V. INDIANA PROFESSIONAL LICENSING AGENCY REPORT
Mr. Rhoad stated nothing to report, but will have something to report later during old/new business.
VI. DELIBERATION AND POSSIBLE ISSUANCE OF FINAL ORDERS
A. State of Indiana v. Jean Freeland Boyer
IREC 05-23
Re: Motion for Voluntary Dismissal by Petitioner
A motion was made and seconded to accept the Motion for Voluntary Dismissal by Petitioner
Doyle / Brown
Motion Carried 9-0-1
Mr. Nash Abstained
B. State of Indiana v. Vincent Boyle
IREC 05-21
Re: Motion for Voluntary Dismissal by Petitioner
A motion was made and seconded to accept the Motion for Voluntary Dismissal by Petitioner
Doyle / Brown
Motion Carried 9-0-1
Mr. Nash Abstained
C. State of Indiana v. Jovana Ristevski
IREC 05-22
Re: Motion for Voluntary Dismissal by Petitioner
A motion was made and seconded to accept the Motion for Voluntary Dismissal by Petitioner
Doyle / Brown
Motion Carried 9-0-1
Mr. Nash Abstained
D. State of Indiana v. Brian Hershberger
IREC 05-19
Re: Administrative Law Judge Panel Order
A motion was made and seconded to accept the Administrative Law Judge Panel Order
Nash / Sipe
Motion Carried 10-0-0
E. State of Indiana v. Donald Ross Clark
IREC 05-25
Re: Administrative Law Judge Panel Order
A motion was made and seconded to accept the Administrative Law Judge Panel Order
Nash / Sipe
Motion Carried 10-0-0
F. State of Indiana v. Sand Creek Sales & Development, Inc.
IREC 04-19
Re: Administrative Law Judge Panel Order
A motion was made and seconded to accept the Administrative Law Judge Panel Order
Shook / Nash
Motion Carried 10-0-0
G. State of Indiana v. John Wampler
IREC 05-29
No action was taken on this item
H. State of Indiana v. James Pickett
IREC 05-30
No action was taken on this item
I. State of Indiana v. Scott Earlywine
IREC 04-15
Re: Administrative Law Judge Panel Order
A motion was made and seconded to accept the Administrative Law Judge Panel Order
McClintock / Doyle
Motion Carried 10-0-0
J. State of Indiana v. Rita Garriott
Re: Proposed Findings of Fact, Conclusions of Law and Order
No action was taken on this item
K. State of Indiana v. Beth Meeks
IREC 05-28
Re: Proposed Findings of Fact, Conclusions of Law and Order
A motion was made and seconded to accept the Proposed Findings of Fact, Conclusions of Law and Order
Nash / Sipe
Motion Carried 10-0-0
L. State of Indiana v. Stephen Ritchie
IREC 05-32
Re: Proposed Findings of Fact, Conclusions of Law and Order
A motion was made and seconded to accept the Proposed Findings of Fact, Conclusions of Law and Order
Nash / Sipe
Motion Carried 10-0-0
M. State of Indiana v. Gladys Walsh
IREC 04-13
Re: Proposed Findings of Fact, Conclusions of Law and Order
A motion was made and seconded to accept the Proposed Findings of Fact, Conclusions of Law and Order
Doyle / Shook
Motion Carried 10-0-0
N. State of Indiana v. James A. Sholtey
IREC 04-14
Re: Proposed Findings of Fact, Conclusions of Law and Order
A motion was made and seconded to accept the Proposed Findings of Fact, Conclusions of Law and Order
Nash / Shook
Motion Carried 9-0-1
Mr. Reed Abstained
O. State of Indiana v. G. William Lewis
IREC 05-26
Re: Deliberations and possible issuance of Default and Final Orders
A motion was made and seconded to find the respondent in default and permanently revoke the license of Mr. G. William Lewis.
Doyle / McClintock
Motion carried
10-0-0
P. State of Indiana v. Brad Rodman
IREC 05-20
Re: Deliberations and possible issuance of Default and Final Orders
A motion was made and seconded to permanently revoke the license of Mr. Brad Rodman.
Nash / Doyle
Motion Carried
10-0-0
Q. State of Indiana v. Cindy Sheets
IREC 06-02
Re: Agreed Extension of Summary Suspension
A motion was made and seconded to extend the Summary Suspension Order or Ms. Cindy Sheet’s license
McClintock / Doyle
Motion Carried
10-0-0
R. State of Indiana v. Steven R. Rubin
IREC 05-27
Re: Proposed Findings of Fact, Conclusions of Law and Order
A motion was made and seconded to approve the Proposed Findings of Fact, Conclusions of Law and Order
Doyle / Nash
Motion Carried
10-0-0
VII. ADMINISTRATIVE HEARINGS
A. State of Indiana v. Virginia D. Southern
IREC 06-05
Re: Petition for Summary Suspension
A motion was made and seconded to deny the Petition for Summary Suspension
Shook / Bock
6-4-0
B. State of Indiana v. Gelnn Ray a.k.a. Chad Taylor 10:00 a.m.
IREC 06-08
Re: Petition for Summary Suspension
A motion was made and seconded to summarily suspend the license of Mr. Glen Ray, a.k.a. Chad Taylor.
Boyter / Bock
10-0-0
Motion Carried
VII. OLD/NEW BUSINESS
A. AARO
Mr. Rhoad informed the Commission he will be representing Indiana at the AARO conference
B. Promissor
Mr. Rhoad provided an update regarding the exam provider.
C. Legislative Update
Mr. Rhoad provided an update of the legislative session.
D. Pat Price
Ms. Pat Price was introduced as the Assistant Director
VII. COMMITTEE REPORTS
A. Application and Licensing Review Committee
a. Applications for licensure with criminal convictions
A. Allen, John Probationary License
B. Johnson, Jason Tabled
C. Obermeyer, Marvin Tabled
D. Ulman, Heather Tabled
E. Neely, Anthony Denied
F. Powell, RT Denied
The following applicants were recommended for approval
G. Bornstein, Laurence
H. Cass, William Jr.
I. Cave, Amy
J. Clark, Douglas
K. Cole, Terry
L. Colwell, Lawrence
M. Craig, Nancy
N. Downey, David
O. Eaton, Hall
P. Edmond, Terry
Q. Flynn, Ralph
R. Ford, Matthew
S. Gill, Kathy
T. Glover, Tristan
U. Goddard, Scott
V. Handshy, Kaelan
W. Harrin, Melody
X. Hinds, Deborah
Y. Hackett, Kelly
Z. Jackson, Damon
AA. Jessup, Eugene
BB. Kerkof, Matthew
CC. Kimsey, Ronnie
DD. Krasnow, Todd
EE. Larson, Frank
FF. Lenz, Susanne
GG. Livesay, Paige
HH. Miller, Shaun
II. Jeremy Montgomery
JJ. Nugent, Courtney
KK. Otto, Mike
LL. Phillips, Kim
MM. Pickering, Teresa
NN. Rains, Christine
OO. Rasnake, Marianne
PP. Roy, Julie
QQ. Simon, Terri
RR. Sledge, Paula
SS. Smith, Jay Richard - Reciprocity
TT. Snowden, Jodi
UU. Stricker, Jill
VV. Sutcliffe, Miles
WW. Tippmann, David
XX. Walker, Sherry
YY. Walker, Terrance
ZZ. Wade, William
AAA. Wetzel, Michael
BBB. Young, Brett
CCC. Bradford, Richard
DDD. Brown, Nathaniel
EEE. Dobbs, Craig
FFF. Echols, Sabrina
GGG. Evans, Roger D.
HHH. Hall, Keith
III. Hamilton, Aaron
JJJ. Holaday, Brent
KKK. Hurd, Terrance
LLL. Julian, Mark
MMM. Napier, Jason
NNN. Simpson, Christopher
OOO. Sims, Chad
PPP. Spring, Troy
QQQ. Montgomery, Jay
A motion was made and seconded to issue the licenses with the above recommendations.
Bock / Boyer
10-0-0
2. Application for Acceptance of Real Estate College Course Credits
1. Actremass, James
2. Brunbeck, Susan
3. Cadwell, Jason
4. Cowan, James
5. Harkness, Jill
6. Klain, Linda
7. Marley, Kelly
8. Michel, Denise
9. Summerfield, Robert W.
A motion was made and seconded to approve all of the above applicants.
Boyter / Doyle
Motion Carried
10-0-0
3. Applications for Waiver of the One Year Experience Requirement
A. Harris, Mark
B. Hearn, William L.
C. Greenwalt, Richard Lynn
D. Sorola, Gilbert
A motion was made and seconded to approve all of the above applicants.
Doyle / Bock
Motion Carried
10-0-0
B. Complaints and Investigations Committee
a. State of Indiana v. Gib E. Barker, License No. PB20200762
Administrative Cause No. IREC 04-02
Re: Review of Probationary File
C. Education Committee
A motion was made and seconded to approve all the recommendations of the Education Advisory Council.
McClain / Doyle
10-0-0
REAL ESTATE EDUCATION ADVISORY COUNCIL
February 15, 2006
NEW SALESPERSON & BROKER COURSE APPLICATIONS
A. I. CMR Services Group, Inc.
A. Director(s):
1. Cherie Guilford APPROVED
B. Instructor(s):
1. Cherie Guilford APPROVED
C. Course(s): All must be taught outside of Real Estate office for credit
1. Interpersonal Communication and Professionalism Made Fun! (3.0 Elective)
2. Read and Respond to Your Customer’s Communication Style (2.0 Elective)
3. Appreciating Diversity Among Your Peers and Clients (3.0 Elective)
4. Teambuilding (3.0 Elective)
5. Time Mastery (3.0 Elective)
B. II. National Escrow Title Company, Inc.
A. Director(s):
1. Timothy R. Warner
B. Instructor(s):
1. Timothy R. Warner
C. Course(s):
1. Title Insurance (2.0 Elective)
SALESPERSON AND BROKER COURSE SIGNIFICANT CHANGES
III. Greater South Bend-Mishawaka Association of Realtors, Inc.
A. Course(s): Approved 1 Elective and 2 Mandatory
1. The Code of Ethics: Your Promise of Professionalism (3.0 Mandatory)
IV. National Business Institute (NBI, Inc.) All approved
A. Instructor(s):
1. Timothy E. Ochs
2. Lawrence A. Vanore
B. Course(s):
1. Land Use Law: Current Issues in Subdivision (7.0 Elective)
V. Real Estate Certification Program
A. Course(s):
1. Asset Management (3.0 Mandatory/160.0 Elective) Approved AP,BR, SP
2. Purchase, Listing, and Sales Agreements (4.0 Mandatory/162.0 Elective) Approved
SP & BR
3. Using the Internet to Serve Clients (3.0 Mandatory/164.0 Elective) Approved AP, BR, &
SP
4. Real Estate Finance (3.0 Mandatory/163.0 Elective) Approved AP, BR, SP
5. Environmental Hazards (3.0 Mandatory/161.0 Elective) Approved AP, BR, SP
REAL ESTATE EDUCATION ADVISORY COUNCIL
March 15, 2006
NEW SALESPERSON & BROKER COURSE APPLICATIONS
Security 1031 Services LLC
A. Director(s):
1. Todd R. Pajonas, Esq. A
B. Instructor(s):
1. Brian J. Bogulski A
C. Course(s)
1. An Abbreviated Guide to Advanced IRC§1031 Tax Deferred Exchanges (1.5) Sales T
2. A Basic Guide to IRC §1031 Tax Deferred Exchanges (3.0) Sales A
3. An Advanced Guide to IRC §1031 Tax Deferred Exchanges (3.0) Sales A
4. An Abbreviated Guide to §1031 Tax Deferred Exchanges (1.5) Sales T
5. A Basic Guide to §1031 Tax Deferred Exchanges (3.0) Broker A
6. An Abbreviated Guide to Advanced IRC §1031 Tax Deferred Exchanges (1.5) Broker T
7. An Advanced Guide to IRC §10331 Tax Deferred Exchanges (3.0) Broker A
8. An Abbreviated Guide to §1031 Tax Deferred Exchanges (1.5) Broker T
C. Real Estate Career Institute
A. Instructors:
1. Bruce E. Backofen A
2. Michael Heslip A
B. Courses
1. The Emerging Senior Market (2.0 E) A
2. Developing an Alliance Team (2.0 E) A
D. NEW BROKER COURSE APPLICATIONS
F. FIFTH THIRD BANK
G. A. Director:
1. Walter E. Wolf, Jr. A
B. Instructor(s):
1. Walter E. Wolf, Jr. A
C. Course(s):
1. “1031 Like-Kind (8.0E) A - Sales and Brokers
NATIONAL ASSOCIATION OF INDUSTRIAL AND OFFICE PROPERTIES
A. Director:
1. Susan Bornt A
B. Instructor(s):
1. Dr. Norman Miller A
2. Dr. Jim Clayton A
C. Course(s):
1. Fundamentals of Commercial Real Estate Development (10 E) A
2. Advanced Real Estate Finance (10 E ). A
H. SALESPERSON AND BROKER COURSE SIGNIFICANT CHANGES
I. The TEK Café, LLC
A. Course(s)
1. Seniors Real Estate Specialist and/or A Licensee’s Guide to Working with Seniors (6.0E) A
II. National Business Institute (NBI, Inc.)
A. Instructor(s)
1. Norman R. Newman A
2. Matthew M. Price A
B. Course(s)
1. Real Estate Transactions Made Painless and Efficient (7.0 ) A
III. Indiana Auctioneers Association
A. Instructor
1. David Hart
B. Courses
1. Accredited Auctioneer Real Estate 200 Sales and Broker A
2. Accredited Auctioneer Real Estate 100 Sales (Broker was approved in 11/05) A
INSTRUCTORS Pre-Licensing
A. Instructor(s)
1. James Edward Schmelzer CE and Pre-Lic A (for CE)
2. William L. Rusk CE A
3. Melinda Sue Moriarty Pre-Lic
4. Dennis Wayne Conwell Pre-Lic
5. Joel Buzzard Pre-Lic
6. Christine Kramer Pre-Lic
SCHOOL SITES
I. Real Estate Career Institute
A. 5881 East 82nd Street Suite 120
B. 5881 East 82nd Street Suite 200
X. ADJOURNMENT
Next Scheduled Meeting:
April 27, 2006
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