NEBRASKA REAL ESTATE COMMISSION

March 6-7, 2008

Staybridge Suites                     Staybridge Room                     Lincoln, NE


Opening

Chairperson Gale convened a meeting of the Nebraska Real Estate Commission at 9:03 a.m. on March 6, 2008, 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 on March 6. On March 7, the second day of the meeting, Chairperson Gale and Commissioner Dover were absent and excused. Also present were Director Les Tyrrell, Deputy Director for Education and Licensing Teresa Hoffman, Deputy Director for Enforcement Terry Mayrose, and Administrative Assistant Monica Rut. Greg Barton, Special Assistant Attorney General and Counsel to the Commission, was present for the Kevin Irish Hearing.

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 public copy of the materials being used during the meeting and a copy of the Open Meetings Act were available to the public on the counsel table in the meeting room, and that the procedures followed were in accordance with the Open Meetings Act. Chairperson Gale asked that guests sign the guest list.

Director Tyrrell noted that agenda items had been added since the tentative agenda was mailed to the Commissioners. The items were: in Item 4 - the Receipts and Expenditures Report for February; Item 5b - Specialized Registration for Orange Lake Country Club Villas IV, A Condominium; Item 10b - Stipulation and Consent Order for James L. Murphy vs. Jeffrey Nelson Searcy and Mary C. Searcy; and Item 16b - Information Matter for ARELLO Mid-Year Meeting.

After review of the final agenda, a motion was made by Grady and seconded by Leisey to adopt the final agenda as presented. Motion carried with Bohrer, Dover, Grady, Griess, Leisey, Poskochil and Gale voting aye.

Minutes of January 24-25, 2008

The minutes of the Commission meeting held on January 24-25, 2008, were considered.

After review, a motion was made by Griess and seconded by Poskochil to approve the minutes as presented. Motion carried with Dover, Grady, Griess, Poskochil and Gale voting aye, with Bohrer and Leisey not voting having not been in attendance at the January Meeting.

Receipts and Expenditures Reports for January and February

Director Tyrrell presented the Receipts and Expenditures Reports for January and February. Copies of said reports are attached to and made a part of these minutes. Director Tyrrell noted that an explanation page was included in each report.

The cash fund balance as of January 31, 2008, was $782,022.80, which compared to a cash fund balance of $935,710.77 on January 31, 2007.

Commissioner Leisey asked if there were budget concerns due to the reduction of examination and application fees. Director Tyrrell indicated that the cash fund balance could be lower than budgeted. However, a fee increase could be considered for the next fiscal year, if necessary. Chairperson Gale indicated that the account Other Fines, Fort & Penalties 485910 had increased in comparison to last fiscal year. Director Tyrrell explained that late penalty fees collected are deposited into that revenue account. He agreed it had significantly increased compared to last fiscal year.

Commissioner Griess indicated that licensees who did not renew on time created problems for brokers since they did not have a license to conduct real estate activities starting January 1. Director Tyrrell explained that designated brokers were sent a letter prior to January 1, to let them know which licensees had not renewed. Commissioner Griess noted that the information was delayed when sent through the main office rather than to the branch offices directly. Deputy Director Hoffman indicated that licensees could be checked individually on the website to see whether they had renewed their license. Director Tyrrell indicated that some jurisdictions did not notify the brokers of non-renewed licensees.

The cash fund balance as of February 29, 2008, was $729,858.89, which compared to a cash fund balance of $896,120.33 on February 28, 2007.

Director Tyrrell indicated that account 554900 - Other Contract Services, from which the court reporter and prehearing officer fees were expended, had cost more than budgeted and would continue to be over budget for the remainder of this fiscal year. However, additional money would be allocated to this account for future budgets. Director Tyrrell also noted that account 531100 - Office Supplies Expense and account 583300 - Computer Hardware and Equipment reflected positive amounts due to a coding error and insurance funds collected on the stolen laptop.

After discussion, a motion was made by Poskochil and seconded by Bohrer to file the January and February Receipts and Expenditures Reports for audit. Motion carried with Bohrer, Dover, Grady, Griess, Leisey, Poskochil and Gale voting aye.

Specialized Registrations

Time-Share Registrations - The Inn at Glacier Canyon, A Condominium and
Orange Lake Country Club Villas IV, A Condominium

Director Tyrrell presented a specialized registrations report which included the time-share registrations for The Inn at Glacier Canyon, A Condominium and Orange Lake Country Club Villas IV, A Condominium. A copy of said report is attached to and made a part of these minutes.

A motion was made by Grady and seconded by Griess to approve the registrations as presented. Motion carried with Bohrer, Dover, Grady, Griess, Leisey, Poskochil and Gale voting aye.

Nonresident Licenses and Resident Licenses Issued to Persons Holding Licenses in Other Jurisdictions Report

Deputy Director Hoffman presented for ratification the Nonresident 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.

Commissioner Grady asked what effect the recently passed legislation would have on license recognition agreements with other jurisdictions. Director Tyrrell indicated that he was preparing to contact jurisdictions with whom the Commission had license recognition agreements. However, Director Tyrrell indicated that in a conversation with Iowa on the subject, Iowa indicated that a Nebraska licensee would likely be required to take the state portion of the Iowa examination prior to a license being issued. Director Tyrrell noted that in the next few months he would send out new license recognition agreements incorporating the new provisions of the law. These could either be brought individually to the Commission for approval or authorization could be given to him to enter into the agreements. Commissioner Leisey asked for Iowa= s logic regarding the license recognition agreement. Chairperson Gale indicated that the discussion would have to cease so that the disciplinary hearing could be held at the time scheduled.

A motion was made by Poskochil and seconded by Bohrer to ratify issuance of the licenses as set forth in the report. Motion carried with Bohrer, Dover, Grady, Griess, Leisey, Poskochil and Gale voting aye.

On March 7, the Commission returned to the discussion of the Iowa license recognition agreement. Commissioner Leisey indicated that he was concerned about the anticipated change in the agreement between Nebraska and Iowa. The agreement affects a lot of licensees in Omaha since they have clients on both sides of the river and the licensees have to be licensed in both Iowa and Nebraska. Director Tyrrell explained that he was unsure of the details since no agreement had been drafted yet. Director Tyrrell pointed out that when Deputy Director Hoffman conducted a survey and reported the findings to the Commission prior to legislation being introduced, jurisdictions indicated they would likely require coursework or examination of Nebraska licensees. Director Tyrrell indicated that at the Legislative Committee Hearing, Senator Langemeier voiced similar concerns as Commissioner Leisey. In researching the Senator= s concerns Director Tyrrell spoke with Roger Hansen who was the Director of the Iowa Real Estate Commission. Director Tyrrell explained, similar to Iowa, it appeared most jurisdictions, would require what we required. Jurisdictions that do not have a similar course would likely require an applicant pass the jurisdiction portion of the examination. Commissioner Leisey thought that the jurisdiction examinations would be more difficult than the education course Nebraska was requiring.

Director Tyrrell felt that once he had an opportunity to speak with all of the jurisdictions, he would have a better idea of what the jurisdictions would require.

Commissioner Griess felt that licensees should know the laws in the jurisdictions where they practice. Commissioner Leisey indicated that he supported the education course to get a license in Nebraska, and requiring licensees to know the laws in other jurisdictions made sense. However, the reality was that Omaha had more border licensees than the rest of the state and the burden would be on the Omaha licensees. If the other jurisdictions look at the education course Nebraska required, then that should be the requirement for our licensees not the jurisdiction portion of the examination.

Commissioner Grady felt that licensees should be required to know the laws in other jurisdictions and the only difference between Nebraska= s requirements and Iowa= s was the method used. Commissioner Leisey indicated that he understood the logic. Director Tyrrell also noted that reciprocal agreements would not only affect the Omaha area licensees but would affect licensees in various parts of the state, such as South Sioux City and Scottsbluff. Acting Chairperson Poskochil asked what the current agreements were. Director Tyrrell indicated that the agreement with Iowa was license for license. Commissioner Leisey indicated that right now it took approximately one week to get a license in Iowa. Director Tyrrell indicated that if the Governor signed the bill, it would become effective approximately ninety-days after the legislature adjourned, or in the middle of July. Director Tyrrell indicated that he would contact the other jurisdictions in the next two months to see what they would be requiring. His goal was that new agreements would be generated to become effective on the date the bill becomes effective.

Examination Report - January

Deputy Director Hoffman presented for ratification the January Examination Report, a copy of which is attached to and made a part of these minutes.

Commissioner Griess noted the broker passing rate. Deputy Director Hoffman indicated that the broker passing rate was approximately fifty-percent. Commissioner Griess asked Deputy Director Hoffman if this was an acceptable passing percentage. Deputy Director Hoffman explained that prior to administering the simulation portion of the examination, the pass rate had been sixty to sixty-five percent. Deputy Director Hoffman felt that the simulation portion of the examination was serving the purpose intended - requiring critical thinking skills - and was, therefore, sorting the applicants more stringently than the prior examination. Deputy Director Hoffman explained that she had not detected a weak portion of the examination.

After review, a motion was made by Bohrer and seconded by Griess to ratify the January Examination Report for the purpose of issuing licenses. Motion carried with Bohrer, Dover, Grady, Griess, Leisey, Poskochil and Gale voting aye.

Real Estate Education Matters

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.

After review, a motion was made by Bohrer and seconded by Leisey to ratify the two reports. Motion carried with Bohrer, Dover, Grady, Griess, Leisey, Poskochil and Gale voting aye.

Continuing Education Activity Rejection

Deputy Director Hoffman presented a Continuing Education Activity Rejection Report, a copy of which is attached to and made a part of these minutes.

No action was necessary on this report.

Continuing Education Annual Report

Deputy Director Hoffman presented the Continuing Education Annual Report, a copy of which is attached to and made a part of these minutes.

After review, a motion was made by Bohrer and seconded by Grady to remove the providers listed in the Annual Report from the approved provider list. Motion carried with Bohrer, Dover, Grady, Griess, Leisey, Poskochil and Gale voting aye.

Continuing Education Renewal Report

Deputy Director Hoffman presented the Continuing Education Renewal Report, a copy of which is attached to and made a part of these minutes.

Deputy Director Hoffman explained that on pages one through three of the Exhibit, the courses had an expiration date in 2008 and were being recommended for renewal for another three years. Deputy Director Hoffman also explained that on page four of the Exhibit were distance education courses, which were recommended for renewal but had to receive ARELLO certification before officially being renewed. Upon receiving ARELLO certification during 2008 the courses, if approved, would be renewed. On pages five and six of the Exhibit were courses for which providers had requested expiration. On page seven of the Exhibit were expirations which had expired since the provider did not respond to the renewal requests. No action was required on the expirations appearing on pages five through seven.

After review, a motion was made by Leisey and seconded by Bohrer to approve the report for the purpose of approving the renewal of the indicated continuing education courses. Motion carried with Bohrer, Dover, Grady, Griess, Leisey, Poskochil 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. Director Tyrrell reported that the Court of Appeals Hearing in the Clark Matter would be held on March 20.

No action was necessary on this report.

The following sworn complaints and investigative matters were presented to the Commission:

Item A Complaint 2007-011

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 Dover and seconded by Poskochil that the complaint be set for hearing as recommended by staff. Motion carried with Bohrer, Dover, Grady, Griess, Leisey and Poskochil voting aye, with Gale voting nay.

Item B Complaint 2007-031 - John F. Benolken vs. David Lynn Underwood and Mark Matthew Lamb

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 Grady and seconded by Leisey that the complaint be dismissed without prejudice. Motion carried with Bohrer, Dover, Grady, Griess, Leisey, Poskochil and Gale voting aye.

Item C Complaint 2007-036

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 Leisey and seconded by Griess that the complaint be set for hearing as recommended by staff. Motion carried with Bohrer, Dover, Grady, Griess, Leisey and Poskochil voting aye, with Gale voting nay.

Item D Complaint 2007-039 - James Larsen, Justin Larsen, and Ray Sluyter c/o Larsen & Associates vs. Richard Robert Berner

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 Griess and seconded by Bohrer that the complaint be dismissed without prejudice. Motion carried with Bohrer, Grady, Griess, Leisey, Poskochil and Gale voting aye, with Dover voting nay.

Item E Complaint 2007-040 - Carol Ann Jones vs. Rachel Sara Langford

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 Leisey and seconded by Dover that the complaint be dismissed without prejudice and a letter of admonishment be sent to the Respondent. Motion carried with Bohrer, Dover, Grady, Griess, Leisey, Poskochil and Gale voting aye.

After further discussion, a motion was made by Leisey and seconded by Poskochil that a letter of admonishment be sent to the limited Buyer= s Agent in this matter. Motion carried with Bohrer, Dover, Grady, Griess, Leisey, Poskochil and Gale voting aye.

Item F Complaint 2007-041 - Susanne Cox vs. Victoria Ann Begley

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 Leisey that the complaint be dismissed without prejudice. Motion carried with Bohrer, Dover, Grady, Griess, Leisey, Poskochil and Gale voting aye.

Item G Complaint 2007-045 - Linda Kleen vs. Donald Kent Dahlquist

Prior to discussion of this matter, Commissioner Griess recused herself, 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 Poskochil and seconded by Leisey that the complaint be dismissed without prejudice. Motion carried with Bohrer, Dover, Grady, Leisey, Poskochil and Gale voting aye, with Griess not participating or voting, having recused herself, thereby nullifying any potential conflict of interest.

Item H Complaint 2007-046 - John and Marilyn Slezak vs. Billie Jo Atkinson

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 Leisey and seconded by Dover that the complaint be dismissed without prejudice and a letter of admonishment be sent to the Respondent. Motion carried with Bohrer, Dover, Grady, Griess, Leisey, Poskochil and Gale voting aye.

Item I Complaint 2007-050

Prior to discussion of this matter, Commissioner Leisey 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 Griess and seconded by Bohrer that the complaint be set for hearing on Title 299 Chapter 5-003.04. Motion carried with Bohrer, Dover, Grady, Griess, Poskochil and Gale voting aye, with Leisey not participating or voting, having recused himself, thereby nullifying any potential conflict of interest.

After further discussion, a motion was made by Griess and seconded by Dover that the previous motion be reconsidered. Motion carried with Bohrer, Dover, Grady, Griess, Poskochil and Gale voting aye, with Leisey not participating or voting, having recused himself, thereby nullifying any potential conflict of interest.

It was the consensus of the Commission to hold this complaint until legal advice could be acquired.

Item J Complaint 2007-051 - Curtis E and Olive M. Bennett vs. Victoria Ann Begley

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 Griess and seconded by Leisey that the complaint be dismissed without prejudice and a letter of admonishment be sent to the Respondent. Motion carried with Bohrer, Dover, Grady, Griess, Leisey and Gale voting aye, with Poskochil voting nay.

Item K Investigative Matter

Deputy Director Mayrose presented the 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 Dover and seconded by Grady that the Commission file a complaint on its own motion and set it for hearing on the violations alleged in the report. Motion carried with Bohrer, Dover, Grady, Griess, Leisey, Poskochil and Gale voting aye.

Item L Complaint 2008-005 - Erik Parks vs. Kevin Dean Irish and Dean T. Hokanson, Jr.

Prior to discussion of this matter, Commissioner Leisey 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 Griess and seconded by Poskochil that the complaint be dismissed without prejudice due to lack of jurisdiction. Motion carried with Bohrer, Dover, Grady, Griess, Poskochil and Gale voting aye, with Leisey not participating or voting, having recused himself, thereby nullifying any potential conflict of interest.

Presentation of Stipulation and Consent Orders

Complaint 2007-034,
Geri Tanderup vs. Marlene K. Jussel

Deputy Director Mayrose presented a Stipulation and Consent Order in the matter of Complaint 2007-034, Geri Tanderup vs. Marlene K. Jussel. A copy of said Order is attached to and made a part of these minutes.

Deputy Director Mayrose reviewed the circumstances involved and noted the provisions of the Order, which had been signed by Ms. Jussel. The Order specified a one-year suspension, served on probation, plus six hours of additional continuing education, with three hours being in the area of agency, and three hours in the area of contracts, to be completed within 180 days of the date of the Order.

After discussion, a motion was made by Leisey and seconded by Dover to enter into the Order as presented. Motion carried with Bohrer, Dover, Grady, Griess, Leisey, Poskochil and Gale voting aye.

Complaint 2007-030,
James L. Murphy vs. Jeffrey Nelson Searcy and Mary C. Searcy

Deputy Director Mayrose presented a Stipulation and Consent Order in the matter of Complaint 2007-030, James L. Murphy vs. Jeffrey Nelson Searcy and Mary C. Searcy. A copy of said Order is attached to and made a part of these minutes. Shannon Harner appeared as legal counsel for the Searcys who were also present.

Prior to discussion of this matter, Commissioner Griess recused herself, thereby nullifying any potential conflict of interest.

Deputy Director Mayrose reviewed the circumstances involved and noted the provisions of the Order, which had been signed by Mr. Searcy and Ms. Searcy. The Order specified a censure for Mr. Searcy and Ms. Searcy plus six hours of additional continuing education, three hours being in the area of license law and three hours being in the area of agency to be completed within 180 days of the date of the Order.

After discussion, a motion was made by Leisey and seconded by Bohrer to enter into the Order as presented. Motion carried with Bohrer, Grady, Leisey and Poskochil voting aye, with Griess not participating or voting, having recused herself, thereby nullifying any potential conflict of interest, and with Dover and Gale not participating or voting, being absent and excused.

Hearings

Complaint 2007-012 Commission vs. Kevin Dean Irish

A Hearing was held on March 6, at 9:32 a.m., in the matter of Complaint 2007-012, Commission vs. Kevin Dean Irish. Greg Barton, Special Assistant Attorney General and Counsel to the Commission, appeared for the Complainant. Respondent Irish was present and represented by Counsel Theodore R. Boecker of Omaha.

Commissioner Leisey recused himself from participating in this matter, thereby nullifying any potential conflict of interest.

After Opening Statements, Counsel Barton offered three Exhibits which were received by Chairperson Gale. Counsel Barton called Kevin Dean Irish as a witness. Counsel Boecker offered one Exhibit which was received by Chairperson Gale. Counsel Boecker called Terry Mayrose and Kevin Dean Irish as witnesses.

At 11:05 a.m., Chairperson Gale declared a brief recess, and reconvened the Hearing at 11:17 a.m.

After closing arguments had been presented, Chairperson Gale declared the Hearing concluded and gathered the original exhibits.

Prior to any motion the following occurred:

Commissioner Bohrer did not feel that Mr. Irish intended to deceive the Commission, however, Mr. Irish should have known to report two first offenses and two second offenses. He also felt Mr. Irish was responsible for misleading Mr. Mayrose in the follow-up conversation in which he had difficulty explaining the arrests and sentencing. However, Mr. Irish had not received any complaints in a professional capacity.

Commissioner Griess did not know if the Commission had jurisdiction to deal with this situation. Chairperson Gale indicated that the Commission did have jurisdiction over this situation, and explained the issue of unworthiness which could constitute an unfair trade practice. He also noted that the Legislature specifically put in the License Act that the Commission had jurisdiction if the charge was a felony. The License Act did not indicate that misdemeanors should be ignored. Commissioner Griess felt that it could be difficult for Mr. Irish to separate out the use of alcohol when working or not working in this line of business.

Commissioner Poskochil felt it was difficult to decide Mr. Irish= s situation. However, he felt that Mr. Irish showed unworthiness as a licensee and the renewal application spoke for itself. He also felt that the renewal application explanation page which Mr. Irish attached only referred to one arrest and the correct information had been withheld from the renewal application. Commissioner Poskochil explained that a real estate license was a privilege and as Commissioners they need to protect the public. He recalled what had been testified to and felt that Mr. Irish had an alcohol problem. He had four DUI= s, lost his pharmacy license and currently admits to drinking alcohol. He also felt that alcohol was important to Mr. Irish and that he chose alcohol over his pharmacy license and was letting alcohol affect his life. He also indicated that Mr. Irish had his pharmacy license revoked and had been given the opportunity to keep it, but let it go due to the requirements the regulating body set forth, even though Mr. Irish indicated he let it go because he did not need the license. Commissioner Poskochil indicated that he could see Mr. Irish had a problem and felt the Commission had to protect the consumer. He pointed out that Mr. Irish had not obeyed the law and when arrested his blood alcohol levels were high. Commissioner Poskochil felt the Commission would be negligent if they did not help this licensee and, thereby, help to protect consumers.

Commissioner Grady recited question number six from the renewal application and the directions which state A If the answer is yes, give the court, location, date filed, charge, disposition, and a brief statement of all significant details on a separate sheet.@ Commissioner Grady indicated that Mr. Irish had responded to the question on the advice of his attorney in order to minimize the charges against him and to whitewash one of the sentences. Commissioner Grady felt that Mr. Irish tried to put the error on Mr. Mayrose and did not feel that was a reasonable defense. Commissioner Grady did not feel that Mr. Irish answered question number six on the application and when Mr. Mayrose called him, he again tried to whitewash the answer. Commissioner Grady felt that this was cause for unworthiness.

Commissioner Dover thought that Mr. Irish had disclosed the information to Mr. Mayrose and felt that he had received advice from his attorney in order to minimize the convictions on the renewal application and did not condone Mr. Irish= s actions are outlined in Exhibit 5. Commissioner Dover did not feel that revoking Mr. Irish= s real estate license would help him since he had a family to support and real estate was his sole source of income. Commissioner Dover also did not feel there was enough evidence indicating that Mr. Irish had tried to hide information from the Commission.

Chairperson Gale felt that the judge had been very lenient with Mr. Irish= s sentences. He also felt that under the law, Mr. Irish should be a felon, but since he had a good lawyer he was put on probation and then he violated probation. He also noted that Mr. Irish did not say that he was a recovering alcoholic nor was he able to give the date of his last drink, which was usually a significant date. He believed that Mr. Irish continued to think that drinking was an important right of his, and while he was on medication, the medication was for anxiety not for alcoholism. Chairperson Gale stated that after four convictions, you are an alcoholic. He did not feel it was important how many times Mr. Irish attended Alcoholics Anonymous since he was still trying to beat the system. Chairperson Gale noted that alcohol was an addiction like drugs, some people go through treatment multiple times. He felt Mr. Irish was making an effort, was trying to be more careful and had no real estate related complaints and no further convictions. He also felt that there were serious questions regarding potential conduct by Mr. Irish. Mr. Irish did not realize how lucky he was to receive the breaks he had. He believed Mr. Irish let his life get out of control because of the alcohol and he was avoiding further treatment which was needed. He also felt Mr. Irish went to the lawyer to get advice of what to put on the renewal application and if it had been submitted correctly, the matter might have been brought before the Commission sooner. He also thought Mr. Irish misled Mr. Mayrose as to the severity of this case. Alcoholism is a serious problem not just a minor traffic offense.

Commissioner Dover noted that Mr. Irish testified that he had disclosed the correct information to Mr. Mayrose. Commissioner Griess explained that Mr. Mayrose had not testified to receiving that information. Chairperson Gale indicated that Mr. Irish said again and again that this was one case and the lawyer felt this could slide since they were combined into a single conviction. Chairperson Gale indicated he looked at this case as unworthiness even though the law did not specify this offense. Commissioner Grady felt that unworthiness was caused by misfiling the renewal application and the Commission had no choice under the law.

A motion was made by Grady that Mr. Irish was guilty of unworthiness. The motion died for a lack of a second.

Chairperson Gale felt that it was important to look at the complaint, the four DUI= s and the revocation of his pharmacy license.

A motion was made by Grady and seconded by Poskochil, that Mr. Irish be found guilty of violating Neb. Rev. Stat. ' 81-885.24(29), demonstrating unworthiness to act as a broker for having four DUI= s and failing to report correctly on the renewal application. Motion carried with Bohrer, Griess, Grady, Poskochil and Gale voting aye, with Dover voting nay and with Leisey not participating or voting, having recused himself, thereby nullifying any potential conflict of interest.

Chairperson Gale opened the past disciplinary action envelope. It showed no prior disciplinary action against the Respondent.

The Commissioners then discussed the penalty to be assessed.

Chairperson Gale felt that Mr. Irish was making an effort to address the alcohol problem and had no other convictions. Chairperson Gale asked Director Tyrrell if the Commission could impose conditions in Mr. Irish= s involvement in Alcoholics Anonymous or further treatments. Director Tyrrell indicated that other situations had occurred in the past where the Commission had required attendance at Alcoholics Anonymous in a Stipulation and Consent Order, rather than a hearing. The person was required to attend Alcoholics Anonymous and report back to the Commission on a monthly basis. However, that licensee lived in small community and a Commissioner met with the licensee monthly. Director Tyrrell also indicated that, in a Stipulation and Consent Order, a licensee agreed that any additional criminal charges regarding alcohol or a driving situation would be reported to the Commission immediately and the license would be revoked if the licensee was convicted.

Commissioner Poskochil found difficulty in applying a suitable penalty to Mr. Irish which would protect both the consumer and the licensee without a license suspension. He thought a two-year suspension, all or some served on probation, and a provision that anything that would arise of a law enforcement nature with Mr. Irish would require him to appear in front of the Commission, at which point revocation could be discussed, would be fair. Commissioner Poskochil did not want to take away Mr. Irish= s livelihood but struggled with protecting the consumer. Commissioner Poskochil was unsure of what standards could be applied through drug treatment. He felt that if Mr. Irish would go to the Alcoholics Anonymous meetings that may be how to protect both him and the consumer.

Commissioner Dover indicated that it would be hard to protect the public against drinking and driving and wondered what gave the Commission the jurisdiction to do so. Chairperson Gale indicated that since the Commission had the power of probation, conditions could be set and probation would mean nothing without having standards to meet.

Commissioner Poskochil felt that if Mr. Irish= s license was suspended and the suspension was served on probation, the Commission could determine the terms and conditions. Chairperson Gale concurred. Commissioner Poskochil asked if staff could determine the conditions and oversee Mr. Irish= s attendance twice a week at Alcoholics Anonymous or who would be most likely to oversee these conditions? Chairperson Gale indicated that the Commission does not have a set of conditions and would have to set those, as long as they were practical, sensible and rationally done.

Commissioner Poskochil felt that a two-year suspension all served on probation, with the requirement that Mr. Irish attend two Alcoholic Anonymous classes each week for the next two years and report to the person in charge of Alcoholics Anonymous to verify his attendance, by sending a letter or a form of communication to the Commission that verified his attendance. Commissioner Poskochil would like to see Mr. Irish succeed and did not want to revoke his real estate license. But instead, put terms in place for a two-year suspension/probation and hopefully after that Mr. Irish would be on the right track.

Chairperson Gale felt that the terms and conditions would need to include the abstinence of alcohol and regular attendance at Alcoholics Anonymous meetings at least twice a week. Commissioner Poskochil felt that Mr. Irish should attend four times a month.

Chairperson Gale felt that the penalty should also include no further convictions, and any involvement with law enforcement should be promptly reported to the Commission so that staff could monitor Mr. Irish.

Commissioner Bohrer explained that he liked the general outline being discussed, but was unsure of the specifics of the Alcoholics Anonymous program and if regular involvement required a person to have a sponsor, or could the Commission require a licensee to have a sponsor.

Chairperson Gale felt that the issue might be resolved if Mr. Irish had to report to the leader of the Alcoholics Anonymous Group. Commissioner Poskochil felt that the Commission Staff could decide that. Commissioner Grady felt that these conditions could be a nightmare for the staff to monitor and felt a longer suspension or probation with terms and conditions or automatic revocation would shape him up or put him out of business. Commissioner Grady also felt that if the conditions were stretched out over a longer period it would guarantee results or he would lose his license, like he did his pharmacy license.

Commissioner Poskochil felt concerned about the public and asked if the conditions could indicate that he would have to notify the Commission of arrests or convictions since an appeal could last two or three years. Commissioner Grady indicated that the condition should be based on conviction not arrest since the Commission could not pass judgement and a person was innocent until found guilty. Commissioner Poskochil indicated that Mr. Irish would still have to appear before the Commission since they have to report either way on the renewal application. Director Tyrrell indicated that the terms could indicate that Mr. Irish would have to report any contact with law enforcement to the Commission. Chairperson Gale indicated that at that point the Commission could hold a hearing on his conduct. Commissioner Dover felt that if alcoholism was the issue that was of concern, the Commission needed to address that issue rather than suspension or probation of his real estate license. Chairperson Gale felt that if the Commission set this standard and there was evidence of violation of that standard, then it would be a self-enforcing standard.

Commissioner Poskochil felt that something needed to be done to get Mr. Irish= s attention or he would continue to drink. Commissioner Poskochil felt that a license suspension with eleven months of probation would have an effect on his life and would be a positive solution for Mr. Irish to do the right thing. Commissioner Dover felt that addressing the alcoholism issue was a good thing. Commissioner Poskochil felt that a sixty-day suspension was serious and would help him change. Chairperson Gale felt that this was a very serious situation and a license suspension served on probation did not amount to much of a penalty.

Commissioner Dover indicated that if the Commissioners were concerned about Mr. Irish= s behavior then perhaps they should suggest putting him in a positive environment by requiring him to attend Alcoholics Anonymous. Commissioner Dover did not know if suspending Mr. Irish= s license would solve the behavior issues.

A motion was made by Poskochil and seconded by Grady that Mr. Irish receive a two-year suspension with thirty days served on suspension and the remaining twenty-three months served on probation.

Commissioner Bohrer indicated that he could not support that motion and indicated that the probation should have conditions, as part of the Commission= s responsibility was to protect the public and the licensee. Commissioner Bohrer agreed that it was difficult to come up with a solution that did not include a cumbersome reporting process. Commissioner Bohrer felt that the burden should be placed on the licensee and not on the staff and believed Mr. Irish really wanted to change his life. Commissioner Bohrer did not disagree with the framework of the motion but without conditions of probation, he could not accept the punishment in the pending motion.

Commissioner Grady felt that there should be language added to the motion to automatically push Mr. Irish= s license to the next punishment step if there were other convictions either alcohol related or in general. Commissioner Grady welcomed amendments to the pending motion and did not feel the Commission was in the position to control alcoholics or personal habits. However, if a licensee violated the law in their business practices, then the Commission could control or monitor the licensee.

Chairperson Gale agreed that the Commission was not a morality court, but it was clear that this case was a problem which could lead to tragic consequences either for the public or the licensee.

After further discussion, Commissioners Poskochil and Grady withdrew their pending motion.

A motion was made by Poskochil and seconded by Bohrer to suspend Mr. Irish= s license for two years all served on probation. Mr. Irish would also be required to abstain from alcohol; attend Alcoholics Anonymous meetings on a regular basis; obtain a sponsor through Alcoholics Anonymous; report to the Commission proof of attendance at Alcoholics Anonymous meetings and the acquisition of a sponsor in a manner as directed by Commission Staff; and if Mr. Irish was charged with a criminal offense during the probation period, he must report such charge(s) to the Commission immediately.

Director Tyrrell explained that Mr. Irish may not be able to provide proof to the Commission of his attendance of Alcoholics Anonymous. Commissioner Poskochil felt it was important to put the burden of proof on the licensee. Director Tyrrell indicated that the proof may be as simple as a letter that he attended the meetings on certain dates. Commissioner Poskochil did not want to dictate the method for reporting Mr. Irish= s attendance. Director Tyrrell clarified that staff would need to obtain from Mr. Irish proof of the Alcoholics Anonymous meetings he had attended and any criminal contact with the law. Commissioner Poskochil felt that the punishment attempted to correct Mr. Irish= s alcohol problem and hoped he followed through with it.

Motion carried with Bohrer, Griess, Grady, Poskochil and Gale voting aye, with Dover abstaining, and with Leisey not participating or voting, having recused himself, thereby nullifying any potential conflict of interest.

With the consent of the Respondent, Chairperson Gale directed Counsel Barton to prepare the Order.

Chairperson Gale notified the Respondent that the costs incurred for the court reporter and any witness fees would be billed to the Respondent, as provided for in 305 NAC Chapter 4, and that the Respondent would have thirty days from the date of the Order to reimburse the Commission for said costs.

Chairperson Gale announced that all exhibits related to this hearing would be retained in the Commission office.

The Hearing was adjourned at 1:31 p.m.

Informal Special Appearances

Erica Marie Knox, Salesperson Applicant

Director Tyrrell presented an exhibit which included: a Criminal Conviction Synopsis for Ms. Knox; a summary letter from Ms. Knox; multiple letters of reference; a letter from the College Health IPA regarding the courses Ms. Knox had completed; a substance abuse program completion certificate from the Desert Counseling Clinic; a word processing certificate of completion from Kern County Regional Occupational Program; Ms. Knox= s criminal history report; and her salesperson application. A copy of said exhibit is attached to and made a part of these minutes. Ms. Knox was not present.

Director Tyrrell indicated that Ms. Knox resided in South Dakota and chose not to appear before the Commission in person but had requested to appear by exhibit. He explained that the front page of the Exhibit was a synopsis which followed the same numbering sequence as the FBI report included in the Exhibit. He also explained that Ms. Knox had lived in California and had reported a methamphetamine addiction. She finished her three-year prison sentence and then served three years on parole in Mojave, California. She did not want to serve her probation there but was required to by the court. She indicated that she no longer had drug problems. She moved to South Dakota where she received a real estate license and would like a Nebraska Real Estate License issued to her.

Commissioner Poskochil asked for clarification of a conditional license which was granted to her from South Dakota. Commissioner Griess indicated that Ms. Knox was a broker associate in South Dakota. Director Tyrrell explained that South Dakota was a single license jurisdiction. Chairperson Gale asked if she intended on working for a Nebraska broker. Commissioner Leisey indicated that she would receive a license based on license recognition. Director Tyrrell indicated that Ms. Knox= s broker was licensed in Nebraska and she would continue to be employed by her current broker.

After discussion, a motion was made by Leisey and seconded by Poskochil to allow Ms. Knox to receive a nonresident license after making proper application.

Commissioner Poskochil asked if Ms. Knox had any other problems. Commissioner Leisey noted that it appeared she had turned her life around.

Motion carried with Bohrer, Dover, Grady, Griess, Leisey, Poskochil and Gale voting aye.

Zachary Roby, Salesperson Applicant

Director Tyrrell presented an exhibit which included: correspondence regarding Mr. Roby= s special appearance; a letter of explanation from Mr. Roby; correspondence requesting additional answers to questions on the salesperson application form; a letter of explanation from Mr. Roby; letters of reference; Neighborhood Spring Clean Up flyers for Mr. Roby= s business; church sponsored Neighborhood Spring Clean Up Flyers; a criminal history report from the Omaha Police Department; a copy of Mr. Roby= s Motor Vehicle Record; Mr. Roby= s criminal history report; and his salesperson application. A copy of said exhibit is attached to and made a part of these minutes. Mr. Roby was present.

Mr. Roby had sent an exhibit which contained an article from the Omaha World Herald newspaper which was received the first day of the Commission meeting at the Commission office. A copy of said exhibit is attached to and made a part of these minutes, denoted as Exhibit 12b1.

Acting Chairperson Poskochil reviewed the procedure for informal special appearances.

Mr. Roby explained that he resided in Omaha. He left home in 1987, when he joined the U.S. Navy. He got hurt in the war and when he returned home, he started a company called A A Gift to the Community@ and also opened a daycare center. He said the daycare enrolled approximately 20-27 children and business was going well until he was diagnosed with a medical condition in 1997. He received help from the Veteran= s Administration (VA). He felt stressed out and pressured. When he did not receive a position at the Fire Department, he let his temper get to him. He became more frustrated and did not handle situations appropriately. He indicated that he had a ten-year A run-in@ with the law. He had taken medicine and received counseling through the VA and things got better. He was finally doing good after doing so bad. He indicated that he had purchased a piece of land in the neighborhood where he started a community garden which provided plenty of food for all. He also helped fix houses in the neighborhood and helped those in need.

Acting Chairperson Poskochil asked how long Mr. Roby had been taking the medication. Mr. Roby indicated that he had been on and off of the medication since 2000 trying to find the right medication for him. He had even gone to church to try to pray it out. He also indicated that he was now 41 years old and had children and grandchildren. Mr. Roby indicated that since the last time he was jailed, he had matured and considered it a wake-up call and was glad it happened. He felt it happened at the right time of his life and made him realize that one or two bad days destroyed the rest of the 363 or 364 days that he had done well. He indicated that once a month he attended counseling and volunteered time to help other veterans with the challenges they had when they returned home.

Acting Chairperson Poskochil asked how Mr. Roby decided to get into the real estate business. Mr. Roby indicated that when he owned the daycare center he saw those individuals going back to bad homes and felt that people deserved a better quality of life. Mr. Roby explained that he purchased a vacant house and after he fixed it up, a family was able to move into it. It was a good opportunity for him to help people.

Commissioner Griess asked what Mr. Roby= s plans were if he got a real estate license and who would employ him. Mr. Roby indicated that he had a friend in real estate who would be employing him. Commissioner Grady asked if the daycare was a large facility or if other people run it for him. Mr. Roby explained that he had shut down the daycare. Mr. Roby indicated that he had a program called A A Gift to the Community@ and his neighbors were excited and people were jumping on board to help. Mr. Roby indicated that he felt responsible as a veteran and an American, to do the right thing and felt the need to stay in front of the community and help them and realized he could not help from inside the jail. Commissioner Grady noted that the article written in the Omaha World Herald was very complimentary and thought it was a credit to what Mr. Roby was doing. Acting Chairperson Poskochil felt Mr. Roby was doing great things in the community. Acting Chairperson Poskochil also indicated that he had been confused when he read through the documents because of the lack of judgement or anger problems displayed. He felt that the medication and counseling were doing Mr. Roby good and it seemed that he had his problems under control.

Mr. Roby indicated that he would keep going to counseling and continue to take the medication. Appearing before the Commission had given him a boost of confidence. He was glad to have had the opportunity and feels this was a step forward.

After discussion, a motion was made by Grady and seconded by Bohrer to allow Mr. Roby to sit for the salesperson examination after making proper application and to have a license issued upon passing. Motion carried with Bohrer, Grady, Griess, Leisey and Poskochil voting aye, with Dover and Gale not participating or voting, being absent and excused.

James Heck, Potential Salesperson Applicant

Director Tyrrell presented an exhibit which included: correspondence regarding Mr. Heck= s special appearance; letters of explanation from Mr. Heck; Mr. Heck= s criminal history report; letters of reference; and copies of Mr. Heck= s pre-license education course completion certificates. A copy of said exhibit is attached to and made a part of these minutes. Mr. Heck was present.

Acting Chairperson Poskochil reviewed the procedure for informal special appearances.

Mr. Heck indicated the he had had some problems with marijuana due to the people with whom he associated at the time. He indicated that he had a small operation where he sold to eight to ten customers, leading to the felony charge. He indicated that the person he got the marijuana from had turned him in to get a lesser charge. He received probation; six months of home confinement; paid a fine; did community service; and went through testing for alcohol and drugs ordered through the court which came out clean. He indicated that after he was off probation he continued running his small restaurant until he lost his lease in 2000. He indicated that his wife had a good job and he was able to stay at home with his children for the past eight years. He explained that he enjoyed being at home. He was able to watch his children grow up and attended events with his children. He felt that it was now time to get a job, since the children were out of the home. He also felt that the real estate profession would be a good fit for him.

Acting Chairperson Poskochil asked for clarification whether the 1985 and 1992 convictions were misdemeanors or felonies. Commissioner Griess also asked if the 1976 conviction was a misdemeanor or a felony. Mr. Heck indicated that the 1976 charges were dismissed. The 1985 conviction was a misdemeanor and the 1992 conviction was a felony. Acting Chairperson Poskochil asked what drug Mr. Heck had possessed. Mr. Heck indicated that in both of the convictions it was marijuana. Acting Chairperson Poskochil asked if Mr. Heck had had any problems with the law since 1993. Mr. Heck indicated that he no longer had problems with drugs and had had no other problems with the law.

After discussion, a motion was made by Bohrer and seconded by Leisey to allow Mr. Heck to sit for the salesperson examination after making proper application and to have a license issued upon passing. Motion carried with Bohrer, Grady, Griess, Leisey and Poskochil voting aye, with Dover and Gale not participating or voting, being absent and excused.

Consideration of Distributing A Commission Comment@ Newsletter in an Electronic Format

Deputy Director Hoffman presented a Newsletter Distribution Consideration Report, a copy of which is attached to and made a part of these minutes.

Deputy Director Hoffman explained that at the October Commission Meeting there had been a discussion about whether the A Commission Comment@ newsletter should be distributed electronically by e-mail. Deputy Director Hoffman explained she conducted a survey of other jurisdictions, receiving a good response rate. She explained that the first page of the Exhibit summarized the information collected. The following pages were the survey comments received. She noted that twenty-seven jurisdictions that still create a newsletter responded.

Deputy Director Hoffman reported most jurisdictions had looked into sending newsletters using e-mail delivery rather than mail because of cost savings. However, only seven jurisdictions indicated that they had moved to e-mailing their newsletter. Reported drawbacks to e-mailing the newsletter included maintaining accurate e-mail addresses; limited distribution because not everyone had an e-mail address; and unsuccessful transmissions because of spam blockers, file size, security settings and technical difficulties. Another concern noted was the volume of delivery failure notices and whether or not to follow up on them.

Deputy Director Hoffman indicated that those who sent the newsletter electronically appeared to rely on voluntary subscription and e-mail address maintenance by the licensee as opposed to getting the newsletter to every licensee. Deputy Director Hoffman noted that the A Commission Comment@ was one of the major communication tools that was used by the Commission.

Commissioner Griess asked if it was cheaper to mail a bundle of the newsletters to the broker= s office. Deputy Director Hoffman indicated that the newsletters were sent to the licensee= s contact address. Commissioner Griess asked if the newsletters were individually mailed. Commissioner Leisey indicated that he usually received a stack of them. Director Tyrrell noted that the licensee can have their mail sent to one of three different addresses and perhaps the post office was bundling all of the newsletters together that were being delivered to the same address. Deputy Director Hoffman indicated that some individuals received multiple copies of the newsletters. For example, a person who was a licensee as well as an instructor, school administrator, or continuing education provider would receive multiple copies. There was also a miscellaneous list which included other interested parties such as attorneys, organizations, past commissioners, etc. Deputy Director Hoffman indicated that when a newsletter was returned to the Commission office it was resent to the individual using the new address.

Commissioner Griess felt that it was important that licensees receive the newsletter. However, a lot of them went in the trash when they were received and she was not sure if it was economical to keep mailing them since some individuals prefer to receive and read information online. Deputy Director Hoffman felt that some people would print the newsletter out while others would neither print it or read it online. Commissioner Griess indicated that brokers use the newsletter as an educational tool and some people comment on the newsletter or ask questions about it indicating that some read it. Director Tyrrell indicated that the Commission spends approximately $16,000 to $18,000 each fiscal year on the printing and distribution of the newsletter which was not that much. However, when funds were needed to be saved, the newsletter had been used to help cushion budget cuts by cutting back on the number of issues. Chairperson Gale asked if the newsletter was available on the website as well as through the mail. Deputy Director Hoffman indicated that the newsletter was posted on the Commission website and was usually posted before received in the mail. Director Tyrrell explained that the newsletter was also archived on the website so past issues could be referenced. Chairperson Gale asked how many hits the web page received. Deputy Director Hoffman indicated that data had not been collected. Commissioner Grady agreed that it would be nice to see the amount of hits received and felt that the publication was excellently done.

Deputy Director Hoffman indicated that to this point, the Commission did not have to deal with e-mail address problems which could take up staff time and significant resources. Deputy Director Hoffman also indicated that licensees= e-mail addresses had not been collected. She indicated that since there were significant drawbacks to the e-mail process, she could monitor the advancements in technology and report back in the future. Commissioner Grady indicated that an e-mail address field could be added to the renewal form. Deputy Director Hoffman indicated that there was a data field to collect the e-mail address in the licensee database although current design did not support a mass mailing function. Deputy Director Hoffman indicated that the renewal would be a good place to collect the data and that data request could be added to the form for the next renewal period. Director Tyrrell was concerned that entering the e-mail addresses during renewal time would be too time consuming during renewal time. Deputy Director Hoffman indicated that the information could be collected on the licensee renewals, and could be updated after the renewal season was over. Director Tyrrell felt it might be more convenient, at least initially, to request the information in a separate mailing, possibly the A Commission Comment@ newsletter.

Commissioner Dover felt that having licensees fill out the field on the online renewal might be a good way to collect licensees= e-mail addresses. Commissioner Dover suggested that the Commission offer the online renewal at a reduced rate to encourage licensees to renew online. Director Tyrrell indicated that online renewals were more expensive to process because the Commission had to pay for the use of the credit cards, and a percentage was paid to Nebraska.gov. Therefore, the cost that was paid by the Commission was approximately four percent more to have a licensee renew online versus paper. Commissioner Dover again suggested either offering the online renewals at a reduced rate or charging more for the paper renewals. Commissioner Griess asked Commissioner Dover for clarification. Commissioner Dover indicated that more licensees would complete the online renewals instead of the paper renewals if the fee was reduced. Commissioner Griess indicated that if a licensee completed the online renewal, the Commission would lose four percent of related revenue. Director Tyrrell indicated that the fees could be increased. However, the fees had always been kept the same for equity purposes. Commissioner Dover felt that it should save the Commission money if a licensee completed an online renewal. If not, then the fee should be raised for the paper renewals. Commissioner Griess again indicated that it cost the Commission more money for an online renewal to be processed. Director Tyrrell indicated that the Commission also printed out the online renewals which cost the Commission money. Deputy Director Hoffman indicated that the renewals were handled virtually the same whether they were submitted online or on paper. Chairperson Gale indicated that, if someone wanted, an agenda item could be added to a future Commission Meeting agenda to consider changing license renewal fees.

Chairperson Gale indicated that Deputy Director Hoffman did a wonderful job assembling the information and the responses presented a real challenge. Chairperson Gale felt that the information collected was useful even if no action was taken at this meeting. Director Tyrrell indicated if no action was taken at this meeting the method of delivery would remain the same. Chairperson Gale indicated that the Commission should continue sending the A Commission Comment@ newsletter through the mail.

Approve Contract with Adam J. Prochaska as a Special Assistant Attorney General

Director Tyrrell presented an exhibit proposing to contract with a newly appointed Special Assistant Attorney General. A copy of said exhibit is attached to and made a part of these minutes. (Note: It was discovered after the meeting adjourned that the Exhibit for this Agenda Item was incorrect. The name of the proposed appointee was set forth as A Alan J. Prochaska@ when, in fact, the name should have been A Adam J. Prochaska". The Exhibit was corrected for attachment to these minutes.)

Director Tyrrell requested authority to enter into a A Memorandum of Understanding@ with the proposed new appointee, Adam J. Prochaska of Harding and Schultz PC, LLO. Director Tyrrell indicated that Mr. Prochaska would be assisting Counsel Barton with disciplinary action matters as well as other duties for the Commission as may be assigned from time to time.

A motion was made by Bohrer and seconded by Poskochil to authorize Director Tyrrell to enter into a A Memorandum of Understanding@ with the proposed new appointee, Adam J. Prochaska. Motion carried with Bohrer, Dover, Grady, Griess, Leisey, Poskochil and Gale voting aye.

Legislative Matters

LB 104 - No new information presented.

LB 386 - Director Tyrrell indicated that this bill had been passed by the Legislature and was waiting for the Governor= s signature.

LB 622 - No new information presented.

LB 715 - Director Tyrrell indicated that this bill had been passed by the Legislature and was waiting for the Governor= s signature. He also indicated that license recognition agreements would be renegotiated as discussed.

LB 785 - Commissioner Griess asked if Director Tyrrell attended the hearing on this bill. Director Tyrrell reported that he had attended the hearing, and had appeared in a neutral position and expressed the Commission= s concerns.

LB 824 - No new information presented.

LB 960 - Director Tyrrell reported that this bill would be placed on General File in the next week or two.

LB 980 - No new information presented.

No action was necessary with regard to these matters.

Information Matters

Trust Account Examination Evaluation Report - Fourth Quarter 2007

Director Tyrrell presented the Trust Account Examination Evaluation Report - Fourth Quarter 2007. A copy of said report is attached to and made a part of these minutes.

Director Tyrrell reviewed some of the comments received. Director Tyrrell also noted that the response rate continued to be very good.

No action was necessary on this report.

ARELLO Mid-Year Meeting - April 24 - 26 - Pasadena, California

Director Tyrrell reminded the Commissioners that the meeting would be held April 24-26. He noted that four of the Commissioners had shown interest in attending the meeting and reminded them to send the registration forms into the office by March 21. He explained that a letter would be given to the Commissioners at the April Commission Meeting which was required by the hotel= s front desk in order for the Commissioners to get the government room rate.

No action was necessary on this report.

Future Meeting Dates

April 3-4, 2008 - Staybridge Suites, Lincoln
May 5-6, 2008 - Settle Inn & Suites, Lincoln
June 26-27, 2008 - Settle Inn & Suites, Lincoln
August 28-29, 2008 - Staybridge Suites, Lincoln
September 26, 2008 - Staybridge Suites, Lincoln

Recesses and Adjournment

At 9:25 a.m. on March 6, Chairperson Gale declared a brief recess, and reconvened the meeting at 9:32 a.m.

At 11:05 a.m. on March 6, Chairperson Gale declared a brief recess, and reconvened the meeting at 11:17 a.m.

At 1:31 p.m. on March 6, Chairperson Gale declared a recess for lunch, and reconvened the meeting at 2:16 p.m.

At 2:55 p.m. on March 6, Chairperson Gale declared a brief recess, and reconvened the meeting at 3:03 p.m.

At 4:15 p.m. on March 6, Chairperson Gale recessed the meeting.

At 9:30 a.m. on March 7, Acting Chairperson Poskochil reconvened the meeting.

At 10:18 a.m. on March 7, Acting Chairperson Poskochil declared a brief recess, and reconvened the meeting at 10:36 a.m.

At 10:40 a.m., there being no further business to come before the Commission, a motion was made by Leisey and seconded by Bohrer that the meeting adjourn. Motion carried with Bohrer, Grady, Griess, Leisey and Poskochil voting aye, with Dover and Gale not participating or voting, being absent and excused.

I, Les Tyrrell, Director of the Nebraska Real Estate Commission, do hereby certify that the foregoing minutes of the March 6-7, 2008, meeting of the Nebraska Real Estate Commission were available for inspection on March 19, 2008, in compliance with Section 84-1413(5) R.R.S. 1943, of Nebraska.

Respectfully submitted,
Les Tyrrell
Director

 

Guests Signing the Guest List
Kristen Anderson, Nebraska REALTORS7 Association, Lincoln
Suzi Wolfe, NRA, Norfolk
Craig Dullum, CBSHOME Real Estate, Omaha
Sheila Kusmierski, Prudential, Omaha
Rose Sampson, Omaha
Zachary Roby, Omaha
Gene Brake, HomeServices of Nebraska, Lincoln
Shannon Harner, HomeServices of Nebraska, Lincoln
Mary Searcy, Lincoln
Jeff Searcy, Lincoln