Delaware Real Estate Commission
Minutes – January 10, 2008
Page 6
Cannon Building / STATE OF DELAWARE / Telephone: (302) 744-4500861 Silver Lake Blvd., Suite 203 / DEPARTMENT OF STATE / Fax: (302) 739-2711
Dover, Delaware 19904-2467 / Website: www.dpr.delaware.gov
DIVISION OF PROFESSIONAL REGULATION
PUBLIC MEETING MINUTES: DELAWARE REAL ESTATE COMMISSION
MEETING DATE AND TIME: Thursday, January 10, 2008 at 9:00 a.m.
PLACE: 861 Silver Lake Boulevard, Dover, Delaware
Conference Room A, second floor of the Cannon Building
MINUTES APPROVED: February 14, 2008
MEMBERS PRESENT
John R. Giles, Professional Member, Chairman, Presiding
Christopher J. Whitfield, Vice Chairman, Professional Member
Ricky H. Allamong, Professional Member, Secretary
Delaware Real Estate Commission
Minutes – January 10, 2008
Page 6
Gilbert Emory, Public Member
Harry W. Kreger., Professional Member
James C. Brannon, Jr., Public Member
Denise R. Stokes, Public Member
Patricia O’Brien, Public Member
James L. Givens, Professional Member
DIVISION STAFF/ DEPUTY ATTORNEY GENERAL
Eileen Kelly, Deputy Attorney General
Gayle Melvin, Administrative Specialist III
ALSO PRESENT
Mike McGavisk, Education Committee
Denise Tatman, DAR
James Kamara
James Waggoner
Barbara Gadbois, DAG
Barbara Johnson
Catherine Rogers
Marvin Lee
Dione Lee
Jean Betley, Investigator
Bud Mowday, Investigator
Vera Sitze, Court Reporter
CALL TO ORDER
Mr. Giles called the meeting to order at 9:00 a.m.
REVIEW OF MINUTES
A motion was made by Mr. Brannon, seconded by Mr. Kreger to approve the minutes of the meeting held on December 13, 2007. The motion passed unanimously.
HEARINGS
9:30 A.M. – CASE #02-29-06 AGAINST AMAKA EBOSIE
Mr. Whitfield called the formal hearing to order at 10:13 a.m. This hearing was held to receive evidence in the matter of Case #02-29-06 against Amaka Ebosie. Mr. Giles in his capacity of contact person for the complaint recused himself from the proceedings. Present for the hearing were Barbara Gadbois, Deputy Attorney General and Jean Betley. Ms. Ebosie was not present for the hearing. Ms. Melvin and Ms. Betley were sworn in by the court reporter. Verbatim testimony was recorded by the court reporter.
At 10:35 a.m., a motion was made by Mr. Whitfield, seconded by Mr. Brannon to go off the record for deliberations. The motion passed unanimously. The Commission held deliberations. At 10:37 a.m., a motion was made by Mr. Whitfield, seconded by Mr. Brannon to go back on the record. The motion passed unanimously. A motion was made by Mr. Whitfield, seconded by Mr. Brannon that the Commission finds that Ms. Ebosie violated 24 Del. C. §2912(a)(12) in that she engaged in conduct which constitutes improper, fraudulent or dishonest dealings and that her license be revoked. The motion passed unanimously. The formal hearing concluded at 10:30 a.m. Ms. Kelly will prepare a final order for signature at the next meeting.
10:00 A.M. – CASE #02-06-07 AGAINST BARBARA J. JOHNSON
Mr. Giles called the formal hearing to order at 10:39 a.m. This hearing was held to receive evidence in the matter of Case #02-06-07 against Barbara J. Johnson. Mr. Givens in his capacity of contact person for the complaint recused himself from the proceedings. Present for the hearing were Barbara Gadbois, Deputy Attorney General, Catherine Rogers, Marvin Lee, Dione Lee and Barbara Johnson. Witnesses were sworn in by the court reporter. Verbatim testimony was recorded by the court reporter.
At 12:26 p.m., a motion was made by Mr. Kreger, seconded by Mr. Brannon to go off the record for deliberations. The motion passed unanimously. After a ten minute recess, the Commission held deliberations. At 1:19 p.m., a motion was made by Mr. Kreger, seconded by Mr. Brannon to go back on the record. The motion passed unanimously. A motion was made by Mr. Giles, seconded by Mr. Whitfield that the Commission finds that Ms. Johnson violated 24 Del. C. 2912(a)(2)(6) and (12). The motion passed unanimously. A motion was made by Mr. Giles, seconded by Mr. Brannon that Ms. Johnson’s license be suspended for a period of six months. Before the end of the six month suspension, Ms. Johnson must complete nine hours of continuing education which must consist of six hours of ethics, two three hour courses by different instructors, and three hours of agency. The nine hours are in addition to the fifteen hours needed for renewal. If the nine hours are not completed, the suspension will not be lifted. The motion passed unanimously. The formal hearing concluded at 1:23 p.m. Ms. Kelly will prepare a final order for signature at the next meeting.
UNFINISHED BUSINESS
REVIEW OF APPLICATION FOR RESIDENT BROKER
The application of James Waggoner for a resident broker’s license was reviewed. Mr. Waggoner submitted verification of completing 39 hours of a pre-licensing course as requested. A motion was made by Ms. Stokes, seconded by Mr. Brannon to approve this application. The motion passed unanimously.
SIGN REPRIMAND LETTER TO WILLIAM EMMERT
The letter of reprimand to William Emmert was reviewed by Commission members and signed by Mr. Giles.
NEW BUSINESS
Applications for Licensure
A motion was made by Mr. Kreger and seconded by Ms. Stokes to approve the following new salesperson applicants as presented:
Patricia Anderson, Peninsula Realty
Louisa Destreza, Long & Foster
Adriane Sklodowski, Keller Williams Realty
Derrick Smith, Keller Williams Realty
Linda White, Ocean Atlantic Agency
Carol Willis, Crowley Associates Realty
Harris Domangue, Coldwell Banker
Edward Talone, Marcus & Millichap Real Estate Investment Svcs.
Michael Vertri, GMAC Real Estate
Paul Myers, Long & Foster Real Estate
Charles Foraker, Exit Central Realty
John McKown, Harrington ERA Realty
Mary Strater, Long & Foster Real Estate
Michael Rocco, White Realty Associates
Jeff Shahan, White Realty Associates
Scott Farnan, Patterson-Schwartz
Robert Walsh, Realty Executives-Bay Coast
Starronda Scott, Millman Realty
Michael Blaisdell, Next Real Estate
Karen Sergison, Tansey-Warner
Gloria Simmons, Keller Williams Realty
Melissa Citro, Century 21 Tull Ramey Real Estate
Sarah Holliday, Delaware Homes Inc.
Nwakaego Enwerem, Prudential Fox & Roach
Donna Graham, Millman Realty
Dan Elling, Century 21 Towne Centre
Mary Ann Heesters, Patterson Woods & Associates
Olive Ngah, Harrington Realty
Paula Cashion, Re/Max Horizons
Keith Ellis, Weichert Realtors
Cynthia Rogers, Century 21 Gold Key
Paula Culler, Exit Central Realty
Glendon Harmon, Jr., Keller Williams Realty
Jennifer Sen, Long & Foster Real Estate
Thomas McCloskey, Jack Lingo Realtor
John Fisher, Realty Executives-Bay Coast
Andrew Downing, Long & Foster Real Estate
Sandra Albert, Prudential Carruthers Realtors
Michael Johnson, Exit Realty
The motion passed unanimously.
The application of Marianne Miller for a non-resident broker's license was reviewed. A motion was made by Mr. Kreger, seconded by Ms. Stokes to approve this application. The motion passed unanimously.
The application of Amrit Dhaliwal for a non-resident broker's license was reviewed. A motion was made by Mr. Brannon, seconded by Mr. Whitfield to propose-to-deny this application because Ms. Dhaliwal does not have the five years of continuous experience. The motion passed by majority vote. Mr. Kreger voted against the motion.
The application of Sylvester Marchaman, Jr. for a resident broker’s license was reviewed. A motion was made by Ms. Stokes, seconded by Mr. Kreger to approve this application. The motion passed unanimously.
The application of Mark Hughes for a resident broker’s license was reviewed. A motion was made by Mr. Allamong, seconded by Mr. Brannon to approve this application. The motion passed by majority vote. Mr. Giles abstained from the vote.
The application of M. Bridget Lane for a resident broker’s license was reviewed. A motion was made by Mr. Brannon, seconded by Mr. Whitfield to approve this application. The motion passed unanimously.
The application of Paul Fedynich for a resident salesperson’s license was reviewed. A motion was made by Ms. Stokes, seconded by Mr. Whitfield to approve this application. The motion passed unanimously.
The application of Linda McCormack for a resident salesperson’s license was reviewed. A motion was made by Mr. Brannon, seconded by Ms. O’Brien to approve this application. The motion passed unanimously.
The application of Clarence Richardson for a resident salesperson’s license was reviewed. A motion was made by Mr. Allamong, seconded by Ms. Stokes to approve this application. The motion passed unanimously.
The application of Jessica Floyd for a resident salesperson’s license was reviewed. A motion was made by Ms. O’Brien, seconded by Mr. Kreger to approve this application. The motion passed unanimously.
The application of Ahiam Etienne for a resident salesperson’s license was reviewed. A motion was made by Mr. Kreger, seconded by Ms. O’Brien to approve this application. The motion passed unanimously.
The application of Gregory Ruark for a resident salesperson’s license was reviewed. A motion was made by Mr. Kreger, seconded by Mr. Brannon to approve this application. The motion passed unanimously.
The application of Karen Langston for a resident salesperson’s license was reviewed. A motion was made by Mr. Kreger, seconded by Mr. Brannon to approve this application. The motion passed unanimously.
The application of James Kamara for a resident salesperson’s license was reviewed. A motion was made by Mr. Allamong, seconded by Mr. Brannon to approve this application. The motion passed unanimously.
Reinstatements
The application of George Schlesinger for reinstatement of a non-resident salesperson’s license was reviewed. A motion was made by Mr. Givens, seconded by Mr. Brannon that Mr. Schlesinger must retake the state exam and complete 15 hours of required continuing education in order to have his license reinstated. The motion passed unanimously.
Status of Complaints
Complaint No. 02-23-07 – Closed
Complaint No. 02-38-07 – Assigned to Mr. Allamong and referred to Attorney General’s Office
Complaint No. 02-41-07 – Assigned to Mr. Allamong
Complaint No. 02-40-07 – Assigned to Mr. Kreger
Complaint No. 02-29-07 – Closed
Complaint No. 02-01-08 – Assigned to Mr. Giles
Education Committee Report
Recommendation to Approve and Deny Course Providers, Instructor Applicants and Student Requests as Noted
A motion was made by Mr. Whitfield, seconded by Mr. Kreger to approve and deny course provider, instructor applicants and student requests as noted. The motion passed unanimously.
Update on Scheduling Public Hearing for Proposed Rule Changes and Additions to the Education Guidelines
This was tabled until the research on course provider qualifications is complete.
Discussion: Course Provider Qualifications
A discussion was held concerning the need for course providers to be certified by the Department of Education. According to Title 14, Chapter 85 of the Delaware Code, it appears that course providers must obtain certification by the Department of Education prior to applying for approval by the Commission. This was tabled for further review by Ms. Kelly.
Discussion: Bankruptcy Rule Considerations
Mr. Allamong provided the Commission with proposed changes to the rules and regulations regarding a broker of record and a draft broker of record designation form for consideration. A discussion was held if a broker can be a broker of record who does not meet the seven year bankruptcy period. Also discussed was if the Commission can govern who is authorized to sign on an escrow account. This was tabled for further review by Ms. Kelly.
Sunset Review of the Commission’s Statute – Ms. Kelly
Ms. Kelly reported that some of the recommendations from the 2001 sunset review have not been implemented. A Subcommittee of Mr. Allamong, Mr. Kreger and Mr. Whitfield will review revisions to the statute.
OTHER BUSINESS BEFORE THE COMMISSION (for discussion only)
There was no other business before the Commission.
PUBLIC COMMENT
There was no public comment at this meeting.
NEXT SCHEDULED MEETING
The next meeting will be held on Thursday, February 14, 2008 at 9:00 a.m.
ADJOURNMENT
A motion was made by Mr. Kreger, seconded by Mr. Givens, to adjourn the meeting. The motion passed unanimously. The meeting adjourned at 2:03 p.m.
Respectfully submitted,
Gayle L. Melvin
Administrative Specialist III