NEBRASKA REAL ESTATE COMMISSION

August 21, 2002

Staybridge Suites                         Staybridge Room                         Lincoln, NE


Opening

Chairperson Gale convened a Meeting of the Nebraska Real Estate Commission at 9:06 a.m. on August 21, 2002, in the Staybridge Room of the Staybridge Suites, located at 2701 Fletcher Avenue in Lincoln, Nebraska. All of the members of the Real Estate Commission were present. Also present were Director Les Tyrrell, Deputy Director for Education Teresa Hoffman, Deputy Director for Enforcement Terry Mayrose, and Administrative Assistant Heidi Burklund. Abbie Widger, Special Assistant Attorney General and Counsel to the Commission, was present for the Informal Special Appearances, the Pending Sworn Complaints and Investigative Matters, and the discussion of the branch office manager request. Jim Titus, Special Assistant Attorney General and Counsel to the Commission, was present for the proposed amendments to the Retirement Communities and Subdivisions Act.

Swearing-In Ceremony - Commissioner Michael Poskochil

Chairperson Gale conducted a swearing-in ceremony for recently-appointed Commissioner Michael Poskochil, presented him with his Commission pin, and welcomed him to the Commission.

Notice of Meeting (Adopt Agenda)

Director Tyrrell presented a Public Notice and Proofs of Publication thereof relating to this Meeting, all of which are attached to and made a part of these Minutes. Chairperson Gale reported that all Commissioners had been notified of the Meeting simultaneously, in writing, and that a proposed Tentative Agenda accompanied the notification.

Chairperson Gale pointed out to those in attendance that a APublic Copy@ of the materials being used during the Meeting was available to the public on the Counsel table in the Meeting Room, and that the procedures followed were in accordance with the Open Meetings Law. Chairperson Gale asked that guests sign the guest list.

Director Tyrrell noted that Agenda Item 18 had been added since the Tentative Agenda was mailed to the Commissioners.

After review of the Final Agenda, a motion was made by Moline and seconded by Johnson to adopt the Final Agenda as presented. Motion carried with Johnson, Moline, Poskochil, Shepard, Strand, Wiebusch, and Gale voting aye.

Minutes of June 12, 2002

The Minutes of the Commission Meeting held on June 12, 2002, were considered.

After review, a motion was made by Moline and seconded by Wiebusch to approve the Minutes as presented. Motion carried with Johnson, Moline, Shepard, Strand, Wiebusch, and Gale voting aye, and with Poskochil not participating or voting, not having been present for the meeting.

Receipts and Expenditures Reports for June and July

Director Tyrrell presented the Receipts and Expenditures Reports for June and July. Copies of said Reports are attached to and made a part of these Minutes.

Regarding the June Report, Director Tyrrell noted the following: there was nothing unusual to report in Receipts. Expenditures Category 4219, Awards Expense, was $238 over the budgeted amount because Joan Nigro=s plaque got done quickly, and was paid out of this year=s funds; Category 4271, Repair and Maintenance of Office Equipment, was slightly over for the year; Category 4414, Education Services, was slightly over the budgeted amount for the year, because the number of examinations has risen to about 100 per month, and Director Tyrrell may have to move some money around to compensate; and Category 4491, Other Operating Expense, was over for the month due to translation of the new agency brochures into Vietnamese. Director Tyrrell noted that this was the final report for the 01-02 fiscal year, and actual receipts were approximately $106,000 over budgeted total receipts.

The Cash Fund Balance as of June 30, 2002, was $578,321.86, which compared to a Cash Fund Balance of $476,846.84 on June 30, 2001.

Regarding the July Report, Director Tyrrell noted the following: there was nothing unusual to report in Receipts. In Expenditures Category 4212, Communication Expense, the billing was late so payment will be rolled over to August; Category 4271, Repair and Maintenance of Office Equipment, was over the anticipated amount due to printer maintenance; in Category 4481, Insurance Expense, the bill hit a month early; and in Category 4731, State-Owned Transportation, the bill did not get processed in time.

The Cash Fund Balance as of July 31, 2002, was $538,368.28, which compared to a Cash Fund Balance of $417,060.98 on July 31, 2001.

After discussion, a motion was made by Moline and seconded by Wiebusch to file the June and July Receipts and Expenditures Reports for audit. Motion carried with Johnson, Moline, Poskochil, Shepard, Strand, Wiebusch, and Gale voting aye.

Final Renewal Report

Director Tyrrell presented a Renewal Report, which showed renewals as of June 30, 2002. A copy of said Report is attached to and made a part of these Minutes.

Director Tyrrell noted that the total renewal percentage was 91.7%, down slightly from last year.

No action was necessary on this Report.

2002-2003 Monthly Budget Spread

Director Tyrrell presented the 2002-2003 Monthly Budget Spread Report. A copy of said Report is attached to and made a part of these Minutes.

Director Tyrrell noted that the receipts page may need adjustment, because renewals will be mailed late, which would affect September and October renewal fee receipts. Director Tyrrell noted that Data Processing Contract Services included reappropriated money from the previous fiscal year, which was just a place to account for the funds. No expenditure was planned.

Commissioner Strand questioned the bookkeeping entry, and noted that it appeared to lower the cash fund balance. Director Tyrrell said he had to show it as if it would be spent. The state did not require a monthly budget, but the Commission did, and Director Tyrrell had to move the money to this year because of the biennium budget process. He had to show that it would be spent so it zeroed out. The cash fund balance did not really go down, it just looked like it.

No action was necessary on this Report.

2004-2005 Biennium Budget Proposal

Director Tyrrell presented the 2004-2005 Biennium Budget Proposal. A copy of said Proposal is attached to and made a part of these Minutes.

Director Tyrrell noted that the budget proposal would be submitted by the deadline of September 16, if the Commission approved it today.

Commissioner Moline, the Chairperson of the Budget and Planning Subcommittee, noted that he, Commissioner Wiebusch, and Chairperson Gale had approved the budget proposal, and voted to bring it to the full Commission for approval. Commissioner Moline reviewed the exhibit. Commissioner Moline said the state budget process was very interesting. Commissioner Moline noted that Director Tyrrell and staff were conscientious about telling the Commission about small problems as they arose. Director Tyrrell followed state procedures, and budgeted conservatively on cash receipts. The Subcommittee believed the Commission had an appropriate fund balance, which was enough to take care of the needs of the Commission, but not too much.

On behalf of the Subcommittee, a motion was made by Moline and seconded by Strand to approve and submit the budget proposal as presented.

Director Tyrrell and Commissioner Moline fielded question regarding how estimates were calculated for budget purposes, and on the state budget process. Commissioner Moline reiterated that they were very conservative receipt estimates. Director Tyrrell noted that the 03-04 budget showed a 0.3% decrease in the funding request, and the 04-05 budget was an in crease of 1.8%.

After discussion, the motion carried with Johnson, Moline, Poskochil, Shepard, Strand, and Gale voting aye, and with Wiebusch not participating or voting, being temporarily absent and excused.

Specialized Registrations

Time-Share Registrations - Fairfield Las Vegas Grand Desert
Resort Condominiums
and Vacation Village at Parkway

Director Tyrrell presented Time-Share Registrations for Fairfield Las Vegas Grand Desert Resort Condominiums and Vacation Village at Parkway. A copy of said Report is attached to and made a part of these Minutes.

Following discussion, a motion was made by Moline and seconded by Strand to approve the registrations as presented. Motion carried with Johnson, Moline, Poskochil, Shepard, Strand, and Gale voting aye, and with Wiebusch not participating or voting, being temporarily absent and excused.

Non-Resident Licenses and Resident Licenses Issued to Persons Holding Licenses in Other Jurisdictions Report

Deputy Director Hoffman presented for ratification the Non-Resident Licenses and Resident Licenses Issued to Persons Holding Licenses in Other Jurisdictions Report, a copy of which is attached to and made a part of these Minutes.

After review, a motion was made by Moline and seconded by Strand to ratify issuance of the licenses as set forth in the Report. Motion carried with Johnson, Moline, Poskochil, Shepard, Strand, and Gale voting aye, and with Wiebusch not participating or voting, being temporarily absent and excused.

Licensure Recognition Agreement with Alberta

Deputy Director Hoffman presented a licensure recognition agreement between the Real Estate Council of Alberta and the Nebraska Real Estate Commission, a copy of which is attached to and made a part of these Minutes.

Deputy Director Hoffman noted that this was a typical license-for-license agreement. Commissioner Moline asked how different Canadian law was from Nebraska law, and whether it was federal or provincial law. Deputy Director Hoffman said it was her understanding that real estate law in Canada was provincial law, and noted that the Canadian real estate industry was self-regulated. Deputy Director Hoffman said there was a lot of similarity and common terminology. She pointed out that applicants for reciprocal licenses sign an agreement that they will abide by the laws of the jurisdiction.

A motion was made by Moline and seconded by Johnson to give Director Tyrrell the authority to enter into the agreement. Motion carried with Johnson, Moline, Poskochil, Shepard, Strand, and Gale voting aye, and with Wiebusch not participating or voting, being temporarily absent and excused.

Examination Reports for June and July

Deputy Director Hoffman presented for ratification the Examination Reports for June and July, copies of which are attached to and made a part of these Minutes.

After review, a motion was made by Moline and seconded by Johnson to ratify the June and July Reports for the purpose of issuing licenses. Motion carried with Johnson, Moline, Poskochil, Shepard, Strand, and Gale voting aye, and with Wiebusch not participating or voting, being temporarily absent and excused.

Real Estate Education Matters

Pre-License Education Instructor Approval

Deputy Director Hoffman presented for ratification the Pre-License Education Instructor Approval Report, a copy of which is attached to and made a part of these Minutes.

Continuing Education Activity Approval

Deputy Director Hoffman presented for ratification the Continuing Education Activity Approval Report, a copy of which is attached to and made a part of these Minutes.

Continuing Education Instructor Approval

Deputy Director Hoffman presented for ratification the Continuing Education Instructor Approval Report, a copy of which is attached to and made a part of these Minutes.

Continuing Education Activity Significant Change

Deputy Director Hoffman presented for ratification the Continuing Education Activity Significant Change Report, a copy of which is attached to and made a part of these Minutes.

After discussion, a motion was made by Moline and seconded by Poskochil to ratify the Reports. Motion carried with Johnson, Moline, Poskochil, Shepard, Strand, Wiebusch, and Gale voting aye.

Consideration of Request to Expand Required Subject Matter Topics

Deputy Director Hoffman presented information regarding a request to expand required subject matter topics, a copy of which is attached to and made a part of these Minutes.

Deputy Director Hoffman noted that the Nebraska REALTORS7 Association was requesting that the Commission expand required subject matter topics to include environmental topics. While the Association specifically referenced the GRI 102 course in this regard, it was clarified that the issue was not whether the course was approvable, since it has already been approved for some time. The request was to recognize the three hours on environmental topics within the course as required subject matter.

In response to questions from the Commission, Deputy Director Hoffman reviewed the history of designated AR@subject matter. In 1992, Nebraska chose to address areas in which they perceived licensees to lack knowledge by endorsing certain subject matter to address those areas. The Commission had originally identified courses on license law and trust account maintenance, and had periodically expanded the subject matter to include the Landlord/Tenant Act, Fair Housing/ADA, agency, ethics, and broker=s price opinion/comparative market analysis. It was up to the Commission to decide what subject matter should be designated, and such subject matter had traditionally been recognized immediately and retroactively.

Deputy Director Hoffman noted that, if the topic of environmental concerns was added, the designation would apply to identified subject matter and would immediately apply to all courses that contained at least three hours on the subject. Finally, as designated subject matter, these courses could be duplicated by licensees in each separate continuing education period rather than being subject to the four-year duplication prohibition.

After discussion, a motion was made by Moline and seconded by Johnson to add environmental concerns to the list of AR@ designated subject matter. Motion carried with Johnson, Moline, Poskochil, Shepard, Strand, Wiebusch, and Gale voting aye.

Pending Sworn Complaints and Investigative Matters

Director Tyrrell presented a Summary Report of the pending complaints, which included a list of licensees presently under disciplinary action or on appeal. A copy of said Report is attached to and made a part of these Minutes.

No action was necessary on this Report.

Counsel Widger reviewed the status of Complaint #2001-043, which was held in abeyance pending discovery in the related civil action. Discovery had bogged down, and staff sought guidance on whether to continue to hold the complaint in abeyance, or proceed with it. Director Tyrrell noted that it had been eleven months since the date the complaint was filed.

It was the consensus of the Commission to continue to hold the complaint in abeyance, and to check on the progress of the civil action at the September meeting.

The following Sworn Complaints and Investigative Matters were presented to the Commission:

Item A Complaint #2002-004 - Paul M. Grieger vs. Ronald Kenneth Peden

Deputy Director Mayrose presented the alleged violations and investigative report to the Commission and, when necessary, answered questions on this matter.

After being advised of the results of the investigation and discussion, a motion was made by Wiebusch and seconded by Strand that the Complaint be dismissed without prejudice, and that Director Tyrrell to send a letter of admonishment regarding proper agency disclosure and documentation dates. Motion carried with Johnson, Moline, Poskochil, Shepard, Strand, Wiebusch, and Gale voting aye.

Item B Complaint #2002-009

Prior to discussion of this matter, Commissioner Moline recused himself, thereby nullifying any potential conflict of interest. Deputy Director Mayrose presented the alleged violations and investigative report to the Commission and, when necessary, answered questions on this matter.

After being advised of the results of the investigation and discussion, a motion was made by Johnson and seconded by Shepard that the Complaint be set for Hearing. Motion carried with Johnson, Poskochil, Shepard, Strand, Wiebusch, and Gale voting aye, and with Moline not participating or voting, having recused himself, thereby nullifying any potential conflict of interest.

Item C Complaint #2002-010 - Michelyn S. Christiansen vs. Kim Huynh Suong Wimmer

Deputy Director Mayrose presented the alleged violations and investigative report to the Commission and, when necessary, answered questions on this matter.

After being advised of the results of the investigation and discussion, a motion was made by Wiebusch and seconded by Poskochil that the Complaint be dismissed without prejudice. Motion carried with Johnson, Moline, Poskochil, Shepard, Strand, Wiebusch, and Gale voting aye.

Item D Complaint #2002-012

Deputy Director Mayrose presented the alleged violations and investigative report to the Commission and, when necessary, answered questions on this matter.

After being advised of the results of the investigation and discussion, a motion was made by Strand and seconded by Wiebusch that the Complaint be set for Hearing. Motion carried with Johnson, Moline, Poskochil, Shepard, Strand, Wiebusch, and Gale voting aye.

Item E Complaint #2002-014 - Troy L. & Jennifer L. Smith vs. Floyd A. Anderson & Linda Elizabeth Anderson

Deputy Director Mayrose presented the alleged violations and investigative report to the Commission and, when necessary, answered questions on this matter.

After being advised of the results of the investigation and discussion, a motion was made by Poskochil and seconded by Wiebusch that the Complaint be dismissed without prejudice. Motion carried with Moline, Poskochil, Shepard, Strand, Wiebusch, and Gale voting aye, and with Johnson voting nay.

Item F Complaint #2002-016

Prior to discussion of this matter, Commissioner Johnson recused himself, thereby nullifying any potential conflict of interest. Deputy Director Mayrose presented the alleged violations and investigative report to the Commission and, when necessary, answered questions on this matter.

After being advised of the results of the investigation and discussion, a motion was made by Wiebusch and seconded by Shepard that the Complaint be set for Hearing. Motion carried with Moline, Poskochil, Shepard, Strand, Wiebusch, and Gale voting aye, and with Johnson not participating or voting, having recused himself, thereby nullifying any potential conflict of interest.

Item G Complaint #2002-017

Prior to discussion of this matter, Commissioner Johnson recused himself, thereby nullifying any potential conflict of interest. Deputy Director Mayrose presented the alleged violations and investigative report to the Commission and, when necessary, answered questions on this matter.

After being advised of the results of the investigation and discussion, a motion was made by Strand and seconded by Wiebusch that the Complaint be set for Hearing. Motion carried with Moline, Poskochil, Shepard, Strand, Wiebusch, and Gale voting aye, and with Johnson not participating or voting, having recused himself, thereby nullifying any potential conflict of interest.

Item H Complaint #2002-023 - Vickie A. Swartzbaugh vs. Mary G. Sortino & Gina Marie Ogle

Deputy Director Mayrose presented the alleged violations and investigative report to the Commission and, when necessary, answered questions on this matter.

After being advised of the results of the investigation and discussion, a motion was made by Strand and seconded by Johnson that the Complaint be dismissed without prejudice. Motion carried with Johnson, Moline, Poskochil, Shepard, Strand, Wiebusch, and Gale voting aye.

Item I Complaint #2002-027 - Cheryl Rosenberg vs. Joan Marlene Perlinger

Deputy Director Mayrose presented the alleged violations and investigative report to the Commission and, when necessary, answered questions on this matter.

After being advised of the results of the investigation and discussion, a motion was made by Wiebusch and seconded by Poskochil that the Complaint be dismissed without prejudice. Motion carried with Johnson, Moline, Poskochil, Shepard, Strand, Wiebusch, and Gale voting aye.

Item J Complaints #2001-044, Jane Ann Moreland vs. Tonda K. McGarr, and #2001-052, Gateway Realty of North Platte, Inc., GMAC Real Estate vs. Catherine Vogel Trotter

Deputy Director Mayrose requested that the Commission dismiss the Complaints due to lack of jurisdiction, because the respondents did not renew their licenses.

A motion was made by Wiebusch and seconded by Strand that the Complaints be dismissed without prejudice. Motion carried with Johnson, Moline, Poskochil, Shepard, Strand, Wiebusch, and Gale voting aye.

Presentation of Stipulation and Consent Orders

Complaint #2001-045, Larry and Sondra Kotas vs. Leonard Ray Prall

Deputy Director for Enforcement Mayrose presented a Stipulation and Consent Order in the matter of Complaint #2001-045, Larry and Sondra Kotas vs. Leonard Ray Prall. A copy of said Order is attached to and made a part of these Minutes. Mr. Prall was present.

Deputy Director Mayrose reviewed the circumstances involved and noted the provisions of the Order, which had been signed by Mr. Prall. The Order specified a 45-day suspension of Mr. Prall=s salesperson=s license plus six hours of additional continuing education, consisting of 3 hours in agency and 3 in license law, to be completed within six months.

After discussion, a motion was made by Moline and seconded by Wiebusch to enter into the Order as presented. Motion carried with Johnson, Moline, Poskochil, Shepard, Strand, Wiebusch, and Gale voting aye.

Hearings

There were no Hearings scheduled for this Meeting.

Informal Special Appearances

August 21, 9:30 a.m. - Niles Stansfield, Reciprocal Broker Applicant

Director Tyrrell presented an Exhibit which included correspondence regarding Mr. Stansfield=s Special Appearance. A copy of said Exhibit is attached to and made a part of these Minutes. Mr. Stansfield was present.

Mr. Stansfield said he had come prepared to address the issue of unpaid office bills at Woods Bros., and to explain his leaving the firm twice. Mr. Stansfield presented an Exhibit which included information regarding specific transactions with Woods Bros. A copy of said Exhibit is attached to and made a part of these Minutes, denoted as Exhibit 12a1.

After Mr. Stansfield made his presentation, the Commissioners asked questions regarding the issues addressed.

After discussion, a motion was made by Johnson and seconded by Shepard to ratify issuance of Mr. Stansfield=s reciprocal broker=s license. Motion carried with Johnson, Poskochil, Shepard, Strand, Wiebusch, and Gale voting aye, and with Moline voting nay.

August 21, 10:30 a.m. - Joseph A. Kramer, Potential Salesperson Applicant

Director Tyrrell presented an Exhibit which included correspondence regarding Mr. Kramer=s Special Appearance and information regarding Mr. Kramer=s criminal history. A copy of said Exhibit is attached to and made a part of these Minutes. Mr. Kramer was present.

Mr. Kramer said that the felony on his record was eleven years old. He requested a Special Appearance because he wanted to find out if he would be allowed to get a license.

Mr. Kramer explained that the felony resulted from a bad relationship in which his former girlfriend stalked and harassed him. After his presentation, the Commissioners asked questions regarding the issues involved.

After discussion, a motion was made by Strand and seconded by Moline to allow Mr. Kramer to sit for the examination, and to have a license issued upon passing.

Chairperson Gale said he felt strongly about the trustworthiness level needed in licensees, and violent circumstances were very disqualifying to him unless there were extraordinary circumstances, which he had not heard today, or a pardon. Chairperson Gale did not think Mr. Kramer should be allowed to sit until he had obtained a pardon. Commissioner Wiebusch concurred.

Motion carried with Johnson, Moline, Shepard, and Strand voting aye, and with Poskochil, Wiebusch and Gale voting nay.

August 21, 11:08 a.m. - Scott Oates, Potential Salesperson Applicant

Director Tyrrell presented an Exhibit which included correspondence regarding Mr. Oates=s Special Appearance, information regarding Mr. Oates=s criminal history, and letters of recommendation. A copy of said Exhibit is attached to and made a part of these Minutes. Mr. Oates was present.

Director Tyrrell pointed out a typo in the second character reference letter, which was from Ms. Lyons, the probation officer. He checked with her office, and on the second line, she meant Aconscientious@ instead of Acontentious.@

Mr. Oates said he was 31, had been in the Marine Corps, and worked at Agrium. Mr. Oates was in a car accident in 1999, in which his friend was killed. Mr. Oates had been drinking and driving. He was sentenced to 6 months in jail, $10,000 restitution which was not fully paid, and he was still on probation. He had been laid off from his job since May, and figured real estate was a good area to go into.

Chairperson Gale noted that Mr. Oates had not yet completed his sentence. Mr. Oates said he had not. Chairperson Gale said that Mr. Oates was obviously doing well, but that the risk was if Mr. Oates=s probation was revoked or he did something to cause him to go back to court and get a more severe sentence. Mr. Oates said he had finished his 200 hours of community service, and was required to have the restitution paid 30 days prior to the end of his probation. Chairperson Gale asked if Mr. Oates planned to work in real estate to pay the restitution. Mr. Oates said yes, he hoped so.

Commissioner Moline asked if Mr. Oates had additional information to present. Mr. Oates presented an Exhibit which consisted of another character reference. A copy of said Exhibit is attached to and made a part of these Minutes, denoted as Exhibit 12c1.Commissioner Moline asked if the additional letter was from Mr. Oates=s prior probation officer. Mr. Oates said yes, she had just retired.

After discussion, a motion was made by Moline and seconded by Poskochil to allow Mr. Oates to sit for the examination, and to have a license issued upon passing.

Chairperson Gale noted that, if Mr. Oates=s probation was revoked, he would probably have to appear before the Commission again. Chairperson Gale said the Commission was putting an extraordinary amount of faith in Mr. Oates=s ability to succeed and be honorable in completing his probation.

Motion carried with Johnson, Moline, Poskochil, Shepard, Strand, Wiebusch, and Gale voting aye.

Adopt Resolution for Joan Nigro

Director Tyrrell presented an Exhibit which consisted of a resolution for former Commissioner Joan Nigro. A copy of said Exhibit is attached to and made a part of these Minutes.

Commissioner Moline noted that the resolution did not come near to describing Commissioner Nigro=s contributions while on the Commission.

A motion was made by Moline and seconded by Wiebusch that the resolution be adopted. Motion carried with Johnson, Moline, Poskochil, Shepard, Strand, Wiebusch, and Gale voting aye.

Discussion of Branch Office Manager Request

Director Tyrrell presented an Exhibit which consisted of a letter regarding the maximum distance allowable between branch offices managed by the same associate broker. A copy of said Exhibit is attached to and made a part of these Minutes.

Director Tyrrell noted that Mr. Vermeer would like to have the same branch manager for offices in North Platte and O=Neill. Director Tyrrell had told him that, under the new law which would soon come into effect, there would be nothing to restrict him from doing that. Mr. Vermeer had asked Director Tyrrell to take it to Commission, just to be sure.

It was the consensus of the Commission that there was no problem with the situation under the law.

2001-2002 Objectives - Final Report

Director Tyrrell presented an Exhibit regarding the Commission=s 2001-2002 Objectives. A copy of said Exhibit is attached to and made a part of these Minutes.

Director Tyrrell noted that items for consideration for next year=s objectives would be presented in September. Commissioner Moline noted that all the objectives had been accomplished. Director Tyrrell noted that staff were currently completing on-line applications, which were the most complicated on-line filings.

Chairperson Gale asked Director Tyrrell to review the objectives and accomplishments, since there were several new Commissioners since the objectives were adopted. Director Tyrrell reviewed the document.

Chairperson Gale asked if a subcommittee should be formed to develop the Commission=s objectives for the coming year. It was the consensus of the Commission to have the Budget and Planning Subcommittee develop the objectives.

No action was necessary on this Report.

Consider Proposed Amendments to the Retirement Communities and Subdivisions Act

Counsel Titus presented an Exhibit which consisted of proposed amendments to the Retirement Communities and Subdivisions Act. A copy of said Exhibit is attached to and made a part of these Minutes.

Counsel Titus reviewed the proposed changes and the rationale behind them. Director Tyrrell noted that, if the Commission gave preliminary approval for publication purposes, copies of the proposed changes would be sent to all current registered projects and applicants for comment prior to submittal to the Legislature.

Discussion ensued on several points, and the Commission directed that some changes be made to the preliminary draft.

A motion was made by Moline and seconded by Wiebusch that the Exhibit be used for solicitation of public and registrant comment, as amended during discussion and after review by a CPA to include all appropriate pro forma language. Motion carried with Johnson, Moline, Poskochil, Shepard, Strand, Wiebusch, and Gale voting aye.

Information Matters

ARELLO District Meeting - July 14-16 - Report of Attendees

Commissioner Johnson said it was a good meeting, and that he always picked up something worthwhile at ARELLO meetings. The program presented by the Arizona attorney was not what he was expecting, but he still learned a lot.

Commissioner Wiebusch distributed an Exhibit which included materials given to buyers in Arizona. A copy of said Exhibit is attached to and made a part of these Minutes, denoted as Exhibit 17a. Commissioner Wiebusch thought it was an interesting approach to making buyers more proactive about what they need to do, and where to get information, on every transaction. Commissioner Wiebusch said the Exhibit was for Commission review and discussion at the next meeting, as an agenda item. She also attended a session on what=s going on in different jurisdictions, and anyone who would like to review the report should let her know.

Chairperson Gale indicated that the agenda item would be for discussion purposes only.

Commissioner Johnson asked if some of the information could be incorporated into the current AConsumer Guide to Buying and Selling Homes.@ Commissioner Wiebusch said this was a more proactive way to get the information to buyers. Deputy Director Hoffman said staff would review the AConsumer Guide to Buying and Selling Homes@ to see what information was already provided, and to see what else may be needed.

Director Tyrrell noted that Nebraska was honored at the meeting. Commissioner Nigro had been an ARELLO Director. Commissioner Wiebusch was selected to complete Commissioner Nigro=s term, and to continue as a Director for 2002-2003. Deputy Director Hoffman is currently President-Elect. Director Tyrrell agreed with Commissioner Johnson that the Arizona session on Commissioner liability was disappointing, but one good point was raised. When licensees represent themselves before the Commission in a Hearing, the hearing officer should ask them, AHave you had an opportunity to tell us everything you wanted to say, and to present everything you wanted to present at this Hearing?@ to ensure due process. That way, if licensees appealed the decision later, they could not say they did not have the opportunity to present all their information. Director Tyrrell agreed it was a pretty good meeting.

Deputy Director Hoffman noted that the topics covered in sessions, such as diversity, mold, Commissioner and ARELLO codes of ethics, and methamphetamine and its effect on properties pretty well mirrored the Commission=s AR@ course subject matter.

Chairperson Gale noted that, under the Voting Rights Act, the Department of Justice had required two Nebraska counties to provide ballots in a second language. Chairperson Gale said there was a movement for English-only in the state, which meant people did not want documents provided in anything other than English, and asked if this was an issue other states were dealing with. Director Tyrrell said he did not think so, except maybe in border states with large Hispanic populations. Chairperson Gale said it might be an issue the Commission would have to face.

Commissioner Strand asked if the Commission provided any translated documents. Director Tyrrell noted that the agency brochures were translated into Vietnamese and Spanish, but both stated that the signer was bound by the English version, and the translation was provided only for clarification. Deputy Director Hoffman said that, so far, this was not an issue in licensing examinations. Applicants had to be fluent in the prevalent language.

No action was necessary on this Report.

Title 299 Rule Revisions Approved by Attorney General on July 29, 2002

Director Tyrrell reported that the rule changes approved in January and modified at the May Meeting received Attorney General approval on July 29, 2002, and are currently being reviewed by the Governor.

No action was necessary on this Report.

Title 302 Rule Revisions Approved by Attorney General on August 9, 2002

Director Tyrrell reported that the rule changes approved in June received Attorney General approval on August 9, 2002, and are currently being reviewed by the Governor.

No action was necessary on this Report.

Service Satisfaction Survey - June Mailing Results

Director Tyrrell presented an Exhibit entitled AService Satisfaction Survey, June 2002 Mailing Results.@ A copy of said Exhibit is attached to and made a part of these Minutes.

Surveys were included in approximately every fourth piece of mail during June. 124 were mailed, and 14 were returned. The response rate was low, but almost all comments received were positive.

No action was necessary on this Report.

Delay in Mailing Renewals

Director Tyrrell announced that the renewal mailing would be delayed. The current Errors and Omissions insurance carrier might withdraw from the Errors and Omissions market. Williams Underwriting Group had been unable to get a final answer from them, so Mr. Williams was contacting other companies regarding underwriting the Nebraska policy. Director Tyrrell indicated that he would be able to bring the 2003 premium to the Commission at the September meeting, which was within the contract bounds. That would mean renewals would probably not be mailed until October. Staff will put an explanatory article in the September Commission Comment. Director Tyrrell noted that the late mailing will affect revenues for a couple of months.

No action was necessary on this Report.

Approval of Travel - ARELLO Investigator Workshop

Director Tyrrell presented information regarding the costs of sending Deputy Director for Enforcement Mayrose to the ARELLO Investigator Workshop in San Antonio on September 25-28, 2002. Total cost was expected to be approximately $1332.00

After discussion, a motion was made by Strand and seconded by Poskochil to approve the expenditures as presented. Motion carried with Johnson, Moline, Poskochil, Shepard, Strand, Wiebusch, and Gale voting aye.

Future Meeting Dates

September 25-26, 2002 - Staybridge Suites, Lincoln
October 23-25, 2002 - Staybridge Suites, Lincoln
December 11-12, 2002 - Staybridge Suites, Lincoln
January 29-30, 2002 - Staybridge Suites, Lincoln

Recesses and Adjournment
At 10:02 a.m. on August 21, Chairperson Gale declared a brief recess, and reconvened the Meeting at 10:15 a.m.

At 11:21 a.m. on August 21, Chairperson Gale declared a brief recess, and reconvened the Meeting at 11:33 a.m.

Commissioner Wiebusch was temporarily absent and excused at 11:33, and rejoined the Meeting at 12:03 p.m.

At 12:08 p.m. on August 21, Chairperson Gale declared a recess for lunch, and reconvened the Meeting at 1:07 p.m.

At 2:36 p.m. on August 21, Chairperson Gale declared a brief recess, and reconvened the Meeting at 2:52 p.m.

At 4:00 p.m. on August 21, there being no further business to come before the Commission, a motion was made by Strand and seconded by Poskochil that the Meeting adjourn. Motion carried with Johnson, Moline, Poskochil, Shepard, Strand, Wiebusch, and Gale voting aye.

I, Les Tyrrell, Director of the Nebraska Real Estate Commission, do hereby certify that the foregoing Minutes of the August 21, 2002, Meeting of the Nebraska Real Estate Commission were available for inspection on September 3, 2002, in compliance with Section 84-1413(5) R.R.S. 1943, of Nebraska.

Respectfully submitted,
Les Tyrrell
Director

Guests Signing the Guest List
Jack McSweeney, Nebraska Realtors
7 Association, Kearney
Perre Neilan, Nebraska Realtors
7 Association, Lincoln
Harding Collis, NP Dodge, Omaha
Mary Poskochil, Lincoln
Gilbert Eley, Woods Bros., Lincoln
Mary Kuhlmann, Woods Bros., Lincoln
Judy Sasek, Woods Bros., Lincoln
Gene Ward, Woods Bros., Lincoln