MINUTES
INDIANA REAL ESTATE COMMISSION
July 27, 2006
I. CALL TO ORDER & ESTABLISHMENT OF QUORUM
Commissioner Litten called the meeting to order at 10:15 a.m. in Conference Center Room 12 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:
H. James Litten
Sue Cox
Timothy M. Reed
Craig D. Doyle
Norman E. McClain
Warren V. Nash
Paul Boyter
Robert C. Brown
Carolyn McClintocK
Charles (Charlie) W. Shook
Commission Members Absent:
Rickie L. Sipe
Mark R. Bock
State Officials Present:
Nicholas W. Rhoad, Commission Director, Indiana Professional Licensing Agency
Jim Schmidt, Commission Advisory Counsel, Office of the Attorney General
I. ADOPTION OF MINUTES FROM May 25, 2006
A motion was made and seconded to approve the minutes
II. CHAIRMAN’S REPORT
No chairman’s report was offered.
III. DELIBERATIONS AND POSSIBLE ISSUANCES OF FINAL ORDER
A. State of Indiana v. Glen Ray, a.k.a. Chad Taylor
IREC 06-08
Re: Administrative Law Judge Order
A motion was made and seconded to approve the Administrative Law Judge Order
Doyle / McClintock
10-0-0
Motion Carried
B. State of Indiana v. Michael Shallenberger
IREC 06-03
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
Nash / Litten
9-0-1
Motion Carried
C. State of Indiana v. Roy Whetstine
IREC 02-14
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
McClintock / Nash
9-0-1
Motion Carried
D. State of Indiana v. Robert Ginsbach
IREC 03-26
Re: Administrative Law Judge Order
A motion was made and seconded to approve the Administrative Law Judge Order
Nash / McClintock
10-0-0
Motion Carried
VII. OLD/NEW BUSINESS
A. Discussion of Reassignment Form and the necessity of signatures by licensees and brokers
A discussion was held regarding the requirement of signatures on reassignment forms
B. Discussion of Continuing Education Approval Process
IPLA informed the Commission of new approval processes for continuing education
C. Discussion of waivers for examination requirements for applicants with hardships
The Commission discussed timeframe waivers for examination from applicants with hardships.
D. Formation of Special Rules Committee Formation: Removal of barriers to Practice
A rules committee was formed to review the Compilation. Mr. Nash; Mr. McClian; Mr. Shook; Mr. Litten; Ms. McClintock; and Mr. Reed were appointed to the rules committee.
E. Discussion 2007 meeting dates – last Wednesday?
The Commission discussed moving the Commission meeting to the last Wednesday of every month for 2007.
F. Removal of Craig Doyle as Administrative Law Judge and appointment of H. James Litten as the Administrative Law Judge in IREC 06-12 State of Indiana v. Carla D. Wims
A motion was made to remove Mr. Doyle as an ALJ and Mr. Litten was nominated to replace him.
McClintock / Cox
10-0-0
G. Approval of Costs in the State of Indiana v. :
a.) Mr. Richard Binkley – IREC 06-04
A motion was made and seconded to approve the costs associated with this cause number.
Nash / Doyle
10-0-0
Motion Carried
b.) Mr. James Picket – IREC 05-30
A motion was made and seconded to approve the costs associated with this cause number.
Nash / Doyle
10-0-0
Motion Carried
c.) Mr. Brian Hershberger – IREC 05-19
A motion was made and seconded to approve the costs associated with this cause number.
Nash / Doyle
10-0-0
Motion Carried
d.) Scott Thomas Earlywine – IREC 04-15
A motion was made and seconded to approve the costs associated with this cause number.
Nash / Doyle
10-0-0
Motion Carried
e.) Donald Ross Clark – IREC 05-25
A motion was made and seconded to approve the costs associated with this cause number.
Nash / Doyle
10-0-0
Motion Carried
H. Promissor Update
Mr. Rhoad provided an update regarding Promissor
I. Industry Day with Promissor October 26, 2006
A discussion was held regarding holding an industry day with Promissor on October 26, 2006
J. Appointment of additional alternate ALJ for cases filed between July 1, 2006 through December 31, 2006
A motion was made and seconded to appoint Mr. Shook as an additional alternate ALJ member.
Litten / McClain
10-0-0
Motion Carried
K. Voluntary Surrender of Jody L. Harshbarger (SP30100296)
A motion was made and seconded to deny the voluntary surrender of Ms. Harshbarger’s license.
Nash / McClain
10-0-0
Motion Carried
VIII. COMMITTEE REPORTS
A. Application and Licensing Review Committee
A motion was made and seconded to approve the recommendations of the Licensing Review Committee
Doyle / McClian
10-0-0
Motion Carried
B. Application and Licensing Review Committee
a. Applications for licensure with Positive Responses
a. Susan B. Baas A
b. Robert Berryhill A
c. Cynthia Marie Wilson Bogdan A
d. Autumn Nicole Bok P
e. Barbara Wann Sampsell Brooks A
f. Janika Bush A
g. Jeffrey Scott Carpenter A
h. Linda L. Castel A
i. Aaron P. Clark P
j. Kenneth Cordova A
j. Garnett R. Douglas A
k. Laura Faurote A
l. Shawn Fitzpatrick A
m. Paul Lee Floyd T
n. Deborah S. Hinds A
o. Freddie Kerry, Jr. A
p. Jeremy Lamar A
q. Robert M. Massie A
r. Michael McNeive A
s. Rhonda Metzger A
t. Elizabeth Porter A
u. Jenni Ransom A
v. Kathleen Frances Schilling A
w. Larry Shute A
x. Jeffrey Stainfield D
y. Robert J. Stapleton A
z. Michelle Arlene Wingham A
aa. Nikita Wyley T
bb. Tashawndia Abel A
cc. John Michael Ross A
dd. Paul Gover T
ee. Donald Joseph LeLeux A
ff. Donald Justin Mee A
gg. Robert John Butcher A
hh. Zachariah J. Rose A
ii. Daniel Harold Feuser A
jj. Sharon Ann Parker A
kk. Steve Martin A
ll. Tina Marie Smith A
mm. Andrew T. Caddell A
nn. Joshua C. Ember A
oo. Brian Sigler A
pp. Shawn P. Todd A
qq. Summer D. Woolum A
b. Application for Acceptance of Real Estate College Course Credits
a. Aaron Bybee Adams
b. Kelly Marie Dale
c. Sarah M. Dillinger
d. Lewis Allen Gerstenlauer, Jr.
e. Brian D. Harmon
f. Everett E. Powell II, Esq.
g. Dusty Sparrow Perrelli
h. Steven G. Lukemeyer
c. Applications for Waiver of the One Year Experience Requirement
a. Jeffrey Miller
b. Carolyn T. Servies
c. Jay S. North
d. Kenneth R. Crawford, Jr.
e. Kristin Marie Kertin
A. Complaints and Investigations Committee
a.) State of Indiana v. Rita Garriott,
Administrative Cause No. IREC 05-14
Re: Review of Probationary File
The probationary file of Ms. Garriott was reviewed and found to be in compliance with the terms of her probation.
b.) State of Indiana v. Gib E. Barker, License No. PB20200762
Administrative Cause No. IREC 04-02
Re: Review of Probationary File
The probationary file of Mr. Barket was reviewed and no report was made.
B. Education Committee
A motion was made and seconded to approve the recommendations of the Education Committee
Doyle / McClain
10-0-0
1. Application for Approval of Real Estate School Site
a. Real Estate Licensing Institute A
b. Real Estate Career Network A
c. Indiana Real Estate Institute A
d. RECP A
2. Application for Pre-Licensing Schools
a. SHI Professional and Academic Services Broker classes (Previously approved for sales classes) A
b. Century 21 ATC Real Estate School Sales only A
c. Southside Real Estate Academy, LLC A
3. Applications for Continuing Education Providers and Courses as recommended by the Education Council
a. Apartment Association of Indiana, Inc. A
Instructor(s):
Sara Pratt
Course(s): (2.0E)
Part I: Common Violations of the Accessibility Requirements of the Fair Housing Act
Part II: Fair Housing and Applicants and Residents with Disabilities
b. National City Bank A
Director(s):
Gary Huff
Instructor(s):
Gary Huff
Course(s):
Closing More Real Estate Sales
c. EcoBroker Online courses A – BUT FOR ONLY 2 ELECTIVE HOURS
Director(s):
John K. Stovall
Instructor(s):
John Beldock, Ph.D.
John K. Stovall
Course(s): (6.0E each)
EcoBroker Environmental Advantage
EcoBroker Energy Advantage
EcoBroker Green Market Advantage
X. ADJOURNMENT
A motion was made and seconded to adjourn the meeting.
Brown / Doyle
12-0-0