MINUTES REAL ESTATE APPRAISER LICENSURE AND CERTIFICATION BOARD
Thursday, May 13, 2010
Mr. Johnson called the meeting to order at 10:00 a.m. in Room W064 of the Indiana Government Center South, 402 West Washington Street, Indianapolis, Indiana, and declared a quorum, in accordance with IC § 25-34.1-8-4.
Members Present: Wayne Johnson, Chairman Terry Watson, Appraiser Member Lowell K. Griffin, Appraiser Member Joe Traynor, Appraiser Member Ron Kohart, Consumer Member
Members Absent: Liz Stoll, Lender Member John Newlin, Vice Chairman
State Officials Present: Nicholas Rhoad, Director Indiana Real Estate Commission Stephanie Sims, Litigation Specialist Jim Schmidt, Deputy Attorney General
I. CHAIRMAN’S REPORT Mr. Johnson provided a report about the Hoosier State Chapter Appraisal Institute and other industry news.
II. REPORT FROM THE INDIANA ATTORNEY GENERAL’S OFFICE The Attorney General’s office provided a report about the number of consumer complaints.
III. OLD/NEW BUSINESS
A. AVM The Board discussed AVM
B. AMC update Mr. Rhoad provided an update regarding AMC licensure
C. License application approval between meetings
A motion was made and seconded to allow Board members to approve applications between meetings that are considered to be complete and without any problems or deficiencies. Motion Carried 5-0-0
D. AQB Criteria update (green handout) The board discussed the current process of the AQB updating the qualifications for licensure.
E. ASC billing procedures Mr. Rhoad reported to the Board the ASC has changed their billing procedures as a result of Indiana’s recommendations.
F. Renewals and licenses issued Mr. Rhoad provided an update to the REAB about renewals and licenses issued. G. Secondary CE sponsors The Board discussed secondary CE providers
H. Administrative rules in general The Board discussed expanding the time period for experience.
I. Meeting dates The Board decided to hold a meeting in July.
IV. STATUS OF LICENSEES ON PROBATION
A. Report from Staff regarding licensees on probation
B. State of Indiana v. Terry L. Banks REAB 07-61 Re: Review of Probationary Compliance
A motion was made and seconded to issue a Notice of Show Cause for the July meeting Motion Carried 5-0-0
V. WITHDRAWAL OF PROBATION HEARING
A. State of Indiana v. Debra K. Sunshine REAB 09-10 Re: Petition for withdrawal of probation
A motion was made and seconded to approve the Petition for withdraw of probation. Motion Carried 5-0-0
VI. DELIBERATIONS AND POSSIBLE ISSUANCES OF FINAL ORDER
A. State of Indiana v. Catherine Grealis REAB 09-17 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 Motion Carried 4-0-1
B. State of Indiana v. Bobby G. Edgin REAB 09-45 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 Motion Carried 4-0-1
C. State of Indiana v. Richard Putt REAB 09-57 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 Motion Carried 4-0-1
D. State of Indiana v. Ronald Sipe REAB 09-70 Re: Proposed Findings of Fact, Conclusions of Law and Order
A motion was made and seconded to table the Proposed Findings of Fact, Conclusions of Law and Order Motion Carried 5-0-0
E. State of Indiana v. Darla Cutler REAB 09-71 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 Motion Carried 5-0-0
F. State of Indiana v. Bill Worley REAB 09-76 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 Motion Carried 5-0-0
G. State of Indiana v. John E. Zukoski REAB 09-53 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 Motion Carried 4-0-1
H. State of Indiana v. Timothy Zukoski (pg 169) REAB 09-54 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 Motion Carried 4-0-1
I. State of Indiana v. Stephen Fero REAB 09-58 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 Motion Carried 4-0-1
J. State of Indiana v. Michael Asher (pink handout) REAB 09-44 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 Motion Carried 4-0-1
VII. DEFAULT HEARING
A. State of Indiana v. Mark Zickmund REAB 09-81 Re: Possible Issuance of Default and Final Order
A motion was made and seconded to find the respondent in default, suspend the license, issue a $2,000 civil penalty, and impose costs.
Motion Carried 5-0-0
B. State of Indiana v. Ernest Dunn REAB 09-82 Re: Possible Issuance of Default and Final Order
A motion was made and seconded find the respondent in default, revoke the license, and impose costs.
Motion Carried 5-0-0
VIII.DISCIPLINARY HEARINGS
A. State of Indiana v. Nicole M. Brooks REAB 08-24 Re: Disciplinary Hearing
A motion was made and seconded to issue a Notice of Proposed Default Motion Carried 5-0-0
B. State of Indiana v. Mark A. Hubele REAB 09-38 Re: Disciplinary Hearing
A motion was made and seconded to issue a Notice of Proposed Default Motion Carried 5-0-0 C. State of Indiana v. Urban J. Piworski* REAB 09-63 Re: Disciplinary Hearing
No action was taken due to a pending settlement agreement.
D. State of Indiana v. Robert W. Zachidny* REAB 10-04 Re: Disciplinary Hearing
No action was taken due to a pending settlement agreement.
IX. COST
A. State of Indiana v. Troy Fisher REAB 08-35 Re: Approval of Cost
A motion was made and seconded to approve the costs Motion Carried 5-0-0
B. State of Indiana v. Lance Weidner REAB 09-36 Re: Objection to Claimed Costs Re: Approval of Cost
A motion was made and seconded to grant PLA claimed costs, grant OAG costs in the amount of $525 and their exhibits, but deny costs for the investigator.
Motion Carried 4-0-1
X. APPLICATION REVIEW
A. Certified Residential Applications 1. Richard Bannec A 2. Jacqueline Mutchler A 3. Clint Reine A 4. Kristi McFadden A 5. Karen Feeney A 6. David Nuerge A 7. Debra Sears A
XI. EDUCATION REVIEW
A. Appraisal Institute A Whatever Happened to Quality Assurance in Residential Appraisals: Avoiding Risky Appraisals and Risky Loans 7.0 hours Instructor: Kathy Coon
B. NAIFA A 9.7 Fannie Mae Updated Property and Appraisal Guidelines 7.0 hours Instructor: Jerry Keller INST001457
XVI. ADJOURNMENT
A motion was made and seconded to adjourn the meeting. Motion Carried 5-0-0
______Wayne Johnson, Chairman Date