ADVISORY COUNSEL S REPORT Mr. Schmidt provided an update on advisory requests to the Commission.
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1 Minutes of the Indiana Real Estate Commission Wednesday, July 15, 2009 at 9:00 a.m. I. CLL TO ORDER & ESTBLISHMENT OF QUORUM Commissioner Shook called the meeting to order at 10:00 a.m. in Conference Center Rooms 1 & 2 of the Indiana Government Center-South, 402 West Washington Street, Indianapolis, Indiana and declared a quorum, in accordance with IC (b). Commission Members Present: Charles (Charlie) W. Shook H. James Litten excused absence after discussion regarding attendance at closings Susan Daniel Mark Bock Sue Cox Paul Boyter Timothy M. Reed DJ Hines Michael Lunsford Carolyn McClintock Norman E. McClain State Officials Present: Nicholas W. Rhoad, Commission Director, Indiana Professional Licensing gency Pat Price, Commission ssistant Director, Indiana Professional Licensing gency Stephanie Sims, Commission Litigation Specialist, Indiana Professional Licensing gency Jim Schmidt, Commission dvisory Counsel, Office of the ttorney General Stefanie Krevda, Governor s Fellow II. III. IV. DVISORY COUNSEL S REPORT Mr. Schmidt provided an update on advisory requests to the Commission. INDIN TTORNEY GENERL S OFFICE REPORT Ms. Owens provided a report on the status of consumer and administrative cases currently under investigation and/or litigation. GOVERNOR S FELLOW Stefanie Krevda a Governor s Fellow provided an introduction and an explanation on a litigation management project she is coordinating for the IREC and REB. V. PETITION FOR SUMMRY SUSPENSION (10:00 a.m.). State of Indiana v. Gregory Knapp Re: Petition for Summary Suspension motion was made and seconded to deny the Petition for Summary Suspension Boyter / Reed VI. RENEWL OF SUMMRY SUSPENSION HERING. State of Indiana v. Michelle Bailey ustin IREC Re: Renewal of summary suspension motion was made and seconded to renew the Petition for Summary Suspension McClintock / Hines
2 VII. WITHDRWL OF PROBTION HERING. State of Indiana v. Wayne Kirsch IREC Re: Withdrawal of Probation motion was made and seconded to grant the withdraw of probation Cox / Litten VIII. RENEWL OF POSITIVE RESPONSE PERSONL PPERNCES. Brian Smallwood License No.: IB motion was made and seconded to renew the license of Mr. Smallwood XXXXX Motion carried B. Dan Wait License No. IB motion was made and seconded to renew the license of Mr. Wait Motion Passed IX. CONSIDERTION OF THE MOTION TO DISMISS. State of Indiana v. Randy Gerber IREC Re: Motion for Voluntary Dismissal by Petitioner motion was made and seconded to grant the motion for voluntary dismissal X. UPDTE OF LICENSEES ON PROBTION. PL Report Mr. Rhoad provided an update on PL activities; including budget, legislative and license reports. B. State of Indiana v. Milton Booth IREC Re: Deliberations and Possible Issuance of Show Cause Order motion was made and seconded to issue a Notice of Show Cause Order XI. DELIBERTIONS ND POSSIBLE ISSUNCES OF FINL ORDER
3 . State of Indiana v. Gregory Knapp IREC Re: dministrative Law Judge Order motion was made and seconded to approve the dministrative Law Judge Order B. State of Indiana v. Krishna Lundgard IREC Re: dministrative Law Judge Order motion was made and seconded to approve the dministrative Law Judge Order C. State of Indiana v. Donald M. Johnson IREC D. State of Indiana v. Tetyana V. Crismore IREC E. State of Indiana v. ndrew T. Barr IREC F. State of Indiana v. Ben Li IREC 09-11
4 G. State of Indiana v. Dan. Wait IREC H. State of Indiana v. William J. Trail IREC I. State of Indiana v. John Kelly IREC J. State of Indiana v. Shirley Hash IREC XII. MOTION TO WITHDRW PPERNCE. State of Indiana v. James Clayborn IREC Re: Motion by counsel to withdraw appearance No action was necessary on this item IX. OLD/NEW BUSINESS. Legislative Update 1. PL Update Mr. Rhoad provided an update on the PL 2. Request from Commissioner Cox Ms. Cox discussed the Cap and Trade bill and how it relates to the sale of real estate
5 B. Continuing education providers Commissioner Reed No discussion was held on this C. IREC Rule changes Mr. Rhoad provided an update on the various rule changes in progress D. Discussion regarding attendance at closings The Commission discussed attendance at closings. Public comment was also taken. The Commission decided to further explore this subject and appointed a special committee of Mr. Litten; Mr. Lunsford; Ms. Daniel; and Mr. Hines to further research the topic. E. CE audit The Commission decided to audit 1% of the total brokers who recently renewed their license. F. RELLO BOD Update Federal Update Social Networking ppointment of RELLO 2012 Meeting and Finance Committee Mr. Rhoad provided an update to the Commission on RELLO, reported that Indiana is now a member of the Board of Directors; reported that Indiana successfully won the bid to host the 2012 RELLO meeting the Commission appointed Commissioner McClintock to chair the finance committee. X. pplication Review Committees. Positive Responses 1. Juan Cardenas 2. Darrell Cummings T 3. Becky Dale 4. Carlos Darden 2 nd review T 5. Joshua Dauscher 2 nd review Probation license 6. John Robert Kaag Probation license 7. Debra Kuhl 8. bby E. Miller 9. Lindi Miller 10. Larry Phillips 11. Gina Ramirez Probation license 12. Kerri Slaton 13. David Wright 14. Lyndsey Crandall 15. David Rupp 16. Daniel Hertel B. pplication for cceptance of College Course Credits 1. Brian M. Giffin 2. Terry D. Hughes III 3. Donald L. Miller, Jr. 4. Laurie. Mitchener-Oncheck 5. Michael J. Davis 6. John. Harris Denied C. pplication for Waiver of One Year Experience
6 1. Donald L. Miller, Jr. 2. John. Harris Denied D. Continuing Education Instructors 1. Teri Kendrick 2. Dave Beson 3. James Rumell E. Pre-Licensing Education School Site 1. Home Services Real Estate cademy 4967 U.S. Highway 42, Suite 140 Louisville, KY F. Continuing Education Providers 1. Partners Real Estate School Going Green in Real Estate 3.0E Instructor: William Schiller 2. Cressy & Everett Real Estate Social Networking 2.0E Social Networking (Updated) 3.0E 3. Coldwell Banker West Shell The Realtors Toolbox 2.0 E Generational Dynamics 3.0E 4. Educational Resources, LLC CE1078 Residential Case Studies III 4.0 E G. Continuing Education Waiver Frank Pressel XIII. djournment motion was made and seconded to adjourn the meeting. Charlie Shook, Chairman Date
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