Indiana Real Estate Commission
Will meet on Wednesday, March 9, 2011 at 8:30 a.m.
Indiana Government Center-South, Room W064
402 West Washington Street
Indianapolis, Indiana 46204
I. COMMITTEE MEETINGS 8:30 a.m.
II. CALL TO ORDER & ESTABLISHMENT OF QUORUM 8:45 a.m.
Here: Jeanette, Pat, Eric, Jarod Brown, Jim, Mark Bock, Paul Boyter, Carol McClintock, Charlie Shook, Sue Daniel, Tim Reed. Started at 8:50am
Sherri Rutledge, court reporter
III. APPROVAL OF MINUTES
Bock/Reed 7/0/0 approved.
IV. ADVISORY COUNSEL’S REPORT
Jim talked about the recovery fund case and that they are helping provide information to parties to help recover monies from the respondent. The commission wants to move forward with changes to the disclosure form.
V. INDIANA ATTORNEY GENERAL’S OFFICE REPORT
Since 1/1/11 – 70 investigations open. 30 of which have closed. 12 administrative complaints filed and 1 ES filed.
VI. STATUS OF LICENSEES ON PROBATION
Eric gave a short report.
VII. PERSONAL APPREARANCE
A. David McCarthy
Re: Initial License Application
Self defense shooting in his apartment resulted in death. He was convicted of 3 felonies and served 6 years. He and a co-defendant both shooting down at the people because they thought they were shooting at them. He was convicted of involuntary manslaughter. He is no longer on probation/parole with no other incidents since then.
Approved. Reed/Bock 7/0/0
B. Jeffrey Paul Cloyd
Re: Initial License Application
He is currently unemployed. Bock is concerned that these charges are so recent. Shook recommends approval on probation. Motion to issue a probationary license indefinitely and cannot petition until October 31, 2013. Must comply with criminal probation and comply with our rules. Bock second. 7/0/0
VIII. ADMINISTRATIVE HEARINGS
A. State of Indiana v. Michelle Uebelhoer
IREC 09-08
Re: Request for probation withdrawal
Amanda Bailor, DAG
Michelle Uebelhoer, respondent
She has complied with all requirements. Motion to remove probation. Reed/Boyter 7/0/0
IX. SUMMARY SUSPENSION HEARING
A. State of Indiana v. Donald Johnson
IREC 10-30
Re: Petition for Summary Suspension
Heather Kennedy, DAG
Respondent not present.
Witness : Kelly Reed, Investigator
Motion to summarily suspend. Daniel/Bock 5/0/2 (Boyter and Reed abstain)
X. APPEAL OF NOTICE OF NONCOMPLIANCE
A. State of Indiana v. Kelly DeCamp
IREC 11-09
Re: Appeal of Notice of Noncompliance
Kelly DeCamp, petitioner
Motion to waive the fine or no fine. Reed/Boyter 7/0/0
B. State of Indiana v. Michaela Furste
IREC 11-10
Re: Appeal of Notice of Noncompliance
Michaela here.
Motion to reduce fine to $100. Bock/Boyter 7/0/0
C. State of Indiana v. Geraldine Stevens
IREC 11-16
Re: Appeal of Notice of Noncompliance
Geraldine here. Shook - Motion to require her to make up hours and reduce fine to $100. Bock second. 7/0/0
XI. NOTICE OF PROPOSED DEFAULT
A. In them matter of the license of Aaron Bybee Adams
IREC 10-03
Re: Notice of Proposed Default
Amanda Bailor, DAG
Respondent is not present.
Motion to hold the respondent in default. Boyter/Daniel 7/0/0
Motion to suspend the license indefinitely and pay the $5 and cannot petition until paid the original fine and $5 fee. Get vote from Eric. Mark bock abstained.
XII. DELIBERATIONS AND POSSIBLE ISSUANCES OF FINAL ORDER
A. In the matter of the license of Brent Lady
IREC 09-48
Re: Proposed Findings of Fact, Conclusions of Law, and Order
Approve. Reed/Daniel 6/0/1 – carol abstain.
B. In the matter of the license of Davina Lady
IREC 09-48
Re: Proposed Findings of Fact, Conclusions of Law, and Order
Approve. 6/0/1
XIII. CONTINUING EDUCATION AUDIT ACTIONS
A. Julie Steitz
Re: Request to rescind Notice of Noncompliance
Motion to rescind and find the petition for review moot. Brown/Boyter 7/0/0
B. Kelly Randall
Re: Failure to pay civil penalty in time allotted
Motion to suspend. Daniel/Boyter 7/0/0
C. Emily Herner
Re: Failure to pay civil penalty in time allotted
Motion to suspend. Bock/Boyter 7/0/0
D. Dale Perdue
Re: Failure to submit continuing education certificates in time allotted
Tabled until April.
E. Jason West
Re: Failure to submit continuing education certificates in time allotted
Motion to suspend. Reed/Boyter 7/0/0
XIV. OLD/NEW BUSINESS
A. Taskforce Update
B. Joel Wilmoth request
Check with Ags office to see if they could add a line in on the settlement paperwork.
C. Outdoor Wood Boilers (OWB) discussion
Advise Mr. Donnelly that he should consult his own private attorney. We can find out what the IDEM rules on this issue.
XXI. Adjournment
Adjourn at 11:58