Oklahoma Real Estate Commission
Preliminary Agenda
July 8, 2009
Page 11 of 11
Preliminary Agenda
I. OPENING OF BUSINESS MEETING
A. Call to Order: 8:30 a.m.
B. Approval of Minutes from the June 10th regular meeting
C. Public Participation (Open Topic)
D. The Commission May Vote to Approve, Disapprove or Take Other Action on any Item Listed on this Agenda
E. Nomination and vote for new Commission Chairman
II. FORMAL ACTION – APPEALS/HEARINGS
A. APPLICANT APPEAL
A-2009-017 – Bruce Demon Moore (PSA) – Oklahoma City (Kisner):
Mr. Moore appeared before the Commission on June 10th, 2009, at which time a decision on his appeal was tabled pending an appearance by his sponsoring broker.
Administratively denied on April 3, 2009 based on the fact that he disclosed on his application that he had been convicted of a crime. Information provided to and gathered by the Investigation Department revealed the following:
OK0550600 (July 12, 1996) Oklahoma City: Charged with Burglary (Felony); District Attorney declined to file charge;
CF-1997-5090 (August 19, 1997) Oklahoma City: Charged with Trafficking in Illegal Drugs (Felony) and Possession of a Controlled Dangerous Substance (CDS). He received ten (10) years in prison on Count 1 and five (5) years concurrent on Count 2;
CF-1998-2245 (April 1, 1998) Oklahoma City: Charged with Trafficking in Illegal Drugs (Felony – 2 Counts), Possession of Controlled Dangerous Substance (CDS) without Tax Stamp (Felony – 2 Counts) and Possession of Narcotics Equipment (Felony). He received ten (10) years in prison on Count 1 and Count 2, one (1) year in county jail on Count 3, and $300 in fines and costs;
OK0550000 (November 21, 1998) Oklahoma City: Charged with Possession of Weapon (Misdemeanor), Resisting an Officer and an unspecified Traffic Offense (Misdemeanor). No sentencing information was available;
OK0550600 (January 1, 1999) Oklahoma City: Charged with Possession of Weapon (Felony), Selling Marijuana (Felony) and Possession of Narcotics Equipment. No sentencing information was available;
CF-1999-399 (July 17, 1999) Oklahoma City: Charged with Distribution of a Controlled Substance with Intent (Felony), no driver’s license (Misdemeanor) and unspecified Traffic Offense (Misdemeanor). He received ten (10) years incarceration on Count 1, to run concurrently with CF-1997-5090, CF-1999-399 and CM-1998-3367;
OK014035C (February 2, 2000) Lexington: Charged with Distribution of Controlled Substance, including Possession with Intent (Felony), Possession of Controlled Dangerous Substance (CDS) without a Tax Stamp (Felony) and Unlawful Possession of Paraphernalia (Felony). He received ten (10) years in prison and 117 days in jail on Count 1, five (5) years in prison to run concurrent on Count 2 and one (1) year in prison to run concurrent on Count 3, and
CM-2008-4517 (September 4, 2008) Oklahoma City: Charged with Driving Under the Influence (Count 1) and Speeding (Count 2), and received an eight (8) month deferred sentenced until November 18, 2009 on Count 1, with Count 2 being dismissed. He was also ordered to pay $200.00 in fines, $200.00 Victims Compensation Assessment (VCA), and required to attend a Mothers Against Drunk Driving (MADD) Program, obtain an alcohol and drug assessment, and to provide proof of attendance at a DUI School. OSCN records indicate that the applicant owes $1,223.00 in costs associated with this case.
A-2009-019 – Russell David Jones (PSA) – Yukon (Kisner): Administratively denied on April 6, 2009 based on the fact that he disclosed on his application that he had had several Driving under the Influence (DUI) convictions. Information provided to and gathered by the Investigation Department revealed the following:
OK0090500 (February 23, 2005) Mustang, Oklahoma: Charged with 1) Assault and/or Battery with Deadly Weapon, 2) Resisting Executive Officer and 3) Public Drunk, but no information was available regarding the sentencing;
CA0191000 (July 16, 1999) Beverly Hills, California: Charged with 1) Driving under the Influence (DUI) Alcohol and/or Drugs and 2) Driving while Suspended, but no information was available regarding the sentencing;
CA0196500 (November 15, 2001) Santa Monica, California: Charged with Driving under the Influence (DUI) Alcohol and/or Drugs with Priors, but no information was available regarding the sentencing;
CA019293J (November 15, 2001) Los Angeles, California: Charged with 1) Vehicle Code §23152 (b), Driving under the Influence (DUI) Alcohol 0.08 percent or more with priors, and 2) Vehicle Code §23152 (a), Driving under the Influence (DUI) Alcohol and/or Drugs with priors. Count 1 was dismissed /Final Order of Judgment (FOJ) and he received 16 months in prison on Count 2;
CA015045C (January 2, 2002) Delano, California: Charged with Driving under the Influence of Alcohol and/or Drugs with priors and was sentenced to 16 months in prison;
6SM00733 (February 19, 1996) Santa Monica, California: Charged with 1) Driving under the Influence of Alcohol and/or Drugs and Drugs in Vehicle, and 2) Driving under the Influence (DUI) Alcohol 0.08 percent or more. Count 2 was dismissed and he was sentenced to thirty (30) days incarceration, five (5) years probation, fines and costs totaling $1,217.00 and ordered to undergo DUI Alcohol program. His probation was revoked on December 14, 2001 for non-payment of fines and costs;
6SM05652 (October 27, 1996) Santa Monica, California: Charged with 1) Attempting to Evade a Pursuing Peace Officer, 2) Reckless Driving (No Injury), 3) Driving with a Suspended / Revoked license and 4) Unlicensed Driver. He received two (2) years probation with fines and costs totaling $1,485.00; and
0SM04011 (November 13, 2000) Santa Monica, California: Charged with 1) Registration violation, 2) Driving without a license and 3) Failure to provide proof of Automobile Insurance. He received one (1) year probation, with fines and costs totaling $945.00. His probation was revoked on November 20, 2001, a bench warrant issued and he was remanded to custody for payment of fines with a bad check.
B. CONSENT AGREEMENT
C-2008-032 – H&W Realty Incorporated and Gordon Watson, Jr. (BM) – Oklahoma City (Preslar):
Violations by Respondents:
Title 59 O.S. §858-312, Subsection 9, Rule 605:10-13-1(h)(i) and Rule 605:10-13-3(a)(b), in that they failed to comply with the rules and regulations concerning the return of earnest money.
Consented: Respondents H&W Realty Incorporated and Gordon Watson Jr. have consented to the issuance of a formal reprimand and assessment of an administrative fine of Five Hundred Dollars ($500.00) each, for a total of One Thousand Dollars ($1,000.00).
C. HEARING EXAMINER REPORT
C-2007-061 – ABWS Tulsa Incorporated, Sherry Lewis (BB), ABWS Tulsa Incorporated (BO), Susan Beach (BM) and Angela Baysinger (SA) – Tulsa (Kisner): On September 16, 2008, the Hearing Examiner reported that Respondent Angela Baysinger was found in violation of:
1) Title 59 O.S. §858-312, Subsections 2, 8 and 9 and Rule 605:10-17-4(12), in that she prepared and executed a fictitious Purchase Money Second Mortgage which she had no intention of paying; and
2) Title 59 O.S. §858-312, Subsections 2, 8 and 9 and Rule 605:10-17-4(12), in that she prepared a fictitious Release of Second Mortgage which she then had signed when in fact the Second Mortgage had not been paid in full, for the purposes of deceiving others.
The case against Respondents ABWS Tulsa Incorporated, ABWS Tulsa Incorporated (BO), Sherry Lewis and Susan Beach was closed on March 4, 2008.
Recommend: That the Oklahoma real estate Sales Associate License of Respondent Angela Baysinger be revoked.
Executive Session pursuant to 25 O.S. §307(B) (8), for the purpose of discussing the Hearing Examiner's recommendation and appropriate discipline, if any:
1. Vote to enter into Executive Session.
2. Discussion in Executive Session.
3. Vote to return to Open Session.
4. Commission to vote/take appropriate action on Hearing Examiner’s recommendation.
C-2007-069 – Jena Marie Carolan (BP) – Stigler (Kisner): On February 26, 2009 the Hearing Examiner reported that the Respondent had not violated any provision of the Oklahoma Real Estate License Code or the Rules of the Commission.
Recommend: Dismiss case.
Executive Session pursuant to 25 O.S. §307(B) (8), for the purpose of discussing the Hearing Examiner's recommendation and appropriate discipline, if any:
1. Vote to enter into Executive Session.
2. Discussion in Executive Session.
3. Vote to return to Open Session.
4. Commission to vote/take appropriate action on Hearing Examiner’s recommendation.
C-2008-001 – Metropolitan Real Estate LLC, Patricia Jeanne Townsend (BM) and Dana Darlene Garrison (SA) – Oklahoma City (Kisner): On April 22, 2009, the Hearing Examiner reported that Respondent Dana D. Garrison was found in violation of Title 59 O.S. §858-312, Subsections 8 and 9; Title 59 O.S. §858-353 and Rule 605:10-15-2(b), in that she signed the early occupancy agreement and contract extension of agreement on behalf of the complainants while acting as a transaction broker, even though she had the permission of the complainants.
Respondent Patricia J. Townsend was found in violation of Title 59 O.S. §858-312, Subsections 8 and 9 and Rule 605:10-17-4(6), in that she failed to supervise the activities of Respondent Dana D. Garrison.
Recommend: That Respondents Metropolitan Real Estate LLC, Patricia J. Townsend and Dana D. Garrison be required to pay an administrative fine of Five Hundred Dollars ($500.00) each, for a total of One Thousand Five Hundred Dollars ($1,500.00).
Executive Session pursuant to 25 O.S. §307(B) (8), for the purpose of discussing the Hearing Examiner's recommendation and appropriate discipline, if any:
1. Vote to enter into Executive Session.
2. Discussion in Executive Session.
3. Vote to return to Open Session.
4. Commission to vote/take appropriate action on Hearing Examiner’s recommendation.
C-2008-011 – Davenport Company Incorporated, Brian Charles Jones (BM) and Christopher Mitchel Davenport (SA) – Tulsa (Kisner): On April 22, 2009, the Hearing Examiner reported that Respondent Christopher M. Davenport was found in violation of Title 59 O.S. §858-312, Subsection 9 and Rule 605:10-15-1(a), in that he failed to provide a written disclosure of his beneficial interest in “Today Lending LLC” to the Sellers.
Respondents Davenport Company Incorporated and Brian C. Jones were found in violation of Title 59 O.S. §858-312, Subsection 9 and Rule 605:10-15-1(a), in that they failed to provide a written disclosure of his beneficial interest in “Today Lending LLC” to the Sellers.
Recommend: That Respondent Davenport Company Incorporated, Brian Charles Jones and Christopher Mitchel Davenport each be required to pay an administrative fine of Three Hundred Dollars ($300.00), for a total of Nine Hundred Dollars ($900.00).
Executive Session pursuant to 25 O.S. §307(B) (8), for the purpose of discussing the Hearing Examiner's recommendation and appropriate discipline, if any:
1. Vote to enter into Executive Session.
2. Discussion in Executive Session.
3. Vote to return to Open Session.
4. Commission to vote/take appropriate action on Hearing Examiner’s recommendation.
C-2007-111 – Homeowners Marketing Realty and Relocation Incorporated (Lapsed) and Ellen Stewart (BB–Revoked) – Sapulpa (Sokolosky): On April 22, 2009, the Hearing Examiner reported that Respondents Homeowners Marketing Realty and Relocation Incorporated and Ellen Stewart were found in violation of:
1) Title 59 O.S. §858-312, Subsections 8 and 9 and Rule 605:10-17-4(12), in that they failed to fulfill the terms of an agreement made with the complainant;
2) Title 59 O.S. §858-312, Subsections 8 and 9 and Rule 605:10-17-4(13), in that they failed to ensure that complainant received all funds guaranteed to her from the closing of the property;
3) Title 59 O.S. §858-312, Subsection 6 and Rule 605:10-13-1(1), in that they failed to provide a settlement statement to the complainant after closing;
4) Title 59 O.S. §858-312, Subsection 22, in that they entered into an agreement to facilitate a down payment assistance payment for Jeff and Lisa Sylvester;
5) Title 59 O.S. §858-353(A,1), in that they refused to submit payment to the complainant for proceeds from the closing of real property in which Respondent Stewart guaranteed complainant the sum of $50,000.00, and
6) Title 59 O.S. §858-312, Subsections 8 and 9 and Rule 605:10-17-4(9), in that they failed to submit copies of all documents relating to this case after three (3) written requests were made.
Recommend: That Respondent Ellen Stewart be required to pay an administrative fine of Five Thousand Dollars on each of the two transactions for a total of Ten Thousand Dollars ($10,000.00).
Executive Session pursuant to 25 O.S. §307(B) (8), for the purpose of discussing the Hearing Examiner's recommendation and appropriate discipline, if any:
1. Vote to enter into Executive Session.
2. Discussion in Executive Session.
3. Vote to return to Open Session.
4. Commission to vote/take appropriate action on Hearing Examiner’s recommendation.
C-2008-020 – Trustworthy Realty LLC and Charla C. Griffin (BM) – Norman (Sokolosky): On February 26, 2009, the Hearing Examiner reported that the Respondents were found in violation of the following:
1) Title 59 O.S. §858-312, Subsections 9 and 16 and Rule 605:10-13-1(b), in that they commingled their own money with the money of others;
2) Title 59 O.S. §858-312, Subsections 8 and 9, Title 59 O.S. §858-354(B) (1) and Rule 605:10-17-4(12), in that they took money from the complainant and converted it to their own use without authorization;
3) Title 59 O.S. §858-312, Subsections 8 and 9 and Rule 605:10-13-1(c), in that they failed to register Trustworthy Realty LLC Trust Account #1036998 with the Commission, and
4) Title 59 O.S. §858-312, Subsections 8 and 9 and Rule 605:10-13-1(a)(1C,E), in that they registered Trustworthy Real Estate Operating Account #103005 with the Commission as a trust account.
Recommend: That the Oklahoma real estate licenses of Respondents Trustworthy Realty LLC and Charla C. Griffin be revoked, and that Charla C. Griffin be required to pay an administrative fine of Seven Hundred Fifty Dollars ($750.00) for each violation, for a total amount of Three Thousand Dollars ($3,000.00).
Executive Session pursuant to 25 O.S. §307(B) (8), for the purpose of discussing the Hearing Examiner's recommendation and appropriate discipline, if any:
1. Vote to enter into Executive Session.
2. Discussion in Executive Session.
3. Vote to return to Open Session.
4. Commission to vote/take appropriate action on Hearing Examiner’s recommendation.
C-2008-024 – Churchill Brown and Associates Incorporated, Sheila R. Cortese (BA) and Karen L. Blevins (SA) – Oklahoma City (Sokolosky): On March 30, 2009, the Hearing Examiner reported that Respondents Churchill Brown and Associates Incorporated and Sheila Cortese were found in violation of Title 59 O.S. §858-312, Subsection 8 and Rule 605:10-17-4(6), in that they failed to ensure that Respondent Blevins provided a copy of the Proposal/Agreement from Basey’s Roofing concerning the subject home to the complainants.