NEBRASKA REAL ESTATE COMMISSION

September 22, 2005

Staybridge Suites                     Staybridge Room                     Lincoln, NE


Opening

Chairperson Gale convened a meeting of the Nebraska Real Estate Commission at 9:07 a.m. on September 22, 2005, 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. Chairperson Gale noted for the record that Jim Strand had resigned from the Commission and the Governor would be appointing a replacement in the near future. Also present were Director Les Tyrrell, Deputy Director for Education Teresa Hoffman, Deputy Director for Enforcement Terry Mayrose, and Administrative Assistant Monica Wade. Special Assistant Attorney General Neal Stenberg was present for the disciplinary hearing.

Swearing-In Ceremony - Commissioner Rita Griess

Chairperson Gale conducted a swearing-in ceremony for recently-appointed Commissioner Rita Griess, presented her with her Commission pin, and welcomed her 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 public 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 items 4a and 16a had been added since the tentative agenda was mailed to the Commissioners.

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

Minutes of August 24, 2005

The minutes of the Commission meeting held on August 24, 2005, were considered.

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

Receipts and Expenditures Reports

Director Tyrrell presented the Receipts and Expenditures Reports for August. Copies of said reports are attached to and made a part of these minutes.

Regarding the reports, Director Tyrrell noted that any unusual items were set forth on the explanation pages, and that examination and application fees were still running high.

The cash fund balance as of August 31, 2005, was $800,681.71, which compared to a cash fund balance of $721,700.84 on August 31, 2004.

After discussion, a motion was made by Shepard and seconded by Grady to file the August Receipts and Expenditures Reports for audit. Motion carried with Grady, Griess, Johnson, Poskochil, Shepard, and Gale voting aye.

Possible Deficit Appropriation - Educational Services

Director Tyrrell presented an exhibit regarding a significant increase in examination expenditures for this Fiscal Year and the last Fiscal year, which exhibit is attached to and made a part of these minutes. If this trend continues, there will be an approximate $25,000.00 deficit in the Education Services line item.

Director Tyrrell requested authority to submit a Deficit Appropriation at the end of October 2005, for up to $25,000.00.

Chairperson Gale verified that Director Tyrrell would submit the Deficit Appropriation for an amount up to, but not to exceed $25,000.00. Director Tyrrell indicated that was correct and stated that he would keep the Commission informed.

After discussion, a motion was made by Grady and seconded by Shepard to give Director Tyrrell the authority to file a deficit appropriation with the legislature prior to the end of October for the amount up to $25,000.00. Motion carried with Grady, Griess, Johnson, Poskochil, Shepard, and Gale voting aye.

Specialized Registrations - none

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 Shepard and seconded by Grady to ratify issuance of the licenses as set forth in the report. Motion carried with Grady, Griess, Johnson, Poskochil, Shepard, and Gale voting aye.

Examination Reports - August

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

Commissioner Poskochil asked about examination scores on the property management section of the examination. Deputy Director Hoffman pointed out that there are only thirteen questions on the broker examination and nine questions on the salesperson examination on this topic so the percentage does not compare equally between topics. Commissioner Johnson noted that the number of broker examinations taken was high.

Commissioner Griess asked why only the State portion was taken by some. Deputy Director Hoffman explained that a person may pursue the license process in another State and the process, between examination and licensure, gets disrupted by moving to Nebraska. If the candidate has taken the examination by a nationally recognized provider within three years of moving to Nebraska with a passing score, the candidate is only required to sit for the Nebraska portion of the examination.

After discussion and review, a motion was made by Grady and seconded by Johnson to ratify the August Examination Reports for the purpose of issuing licenses. Motion carried with Grady, Griess, Johnson, Poskochil, Shepard, 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 discussion and review, a motion was made by Poskochil and seconded by Griess to ratify the reports. Motion carried with Grady, Griess, Johnson, Poskochil, Shepard, and Gale voting aye.

Continuing Education Activity Rejection

Deputy Director Hoffman presented an exhibit regarding a continuing education activity rejection, a copy of which is attached to and made a part of these minutes.

No action was necessary on this report.

Commissioner Poskochil asked why some courses might be advertised as Acontinuing education credit pending@. Deputy Director Hoffman responded that this practice was discouraged as it was confusing to licensees. She said that sometimes providers fail to plan far enough in advance to allow approval of activities before promotion. She also noted that sometimes local Providers have difficulty gathering application materials from national instructors in a timely manner. For these reasons she gives continuing education review priority and tries to always have it done within a week. Perre Neilan, Government Affairs Director with the Nebraska Realtors7 Association complimented Deputy Director Hoffman on her review time and said the Nebraska Realtors7 Association had been forced to advertise Acredit pending@ due to dilemmas with national speakers as described. He pointed out that Deputy Director Hoffman=s one-day review time was appreciated. She advised that when continuing education is promoted as Acredit pending@, licensees should verify before signing up to take the course.

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.

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

Item A Complaint # 2005-011

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 Grady and seconded by Johnson that this complaint be held in abeyance and a new complaint be filed against the respondent per the Staff recommendation. Motion carried with Grady, Griess, Johnson, Poskochil, Shepard, and Gale voting aye.

Item B Complaint # 2005-015

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 Johnson that the complaint be set for hearing on 81-855.24(29) only. Motion carried with Grady, Griess, Johnson, Poskochil, Shepard, and Gale voting aye.

Item C Complaint # 2005-020 - Jack R. & Sherry L Dahlke vs. Terry P. Geistlinger and Gary Thomas Thompson

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 Shepard that the complaint be dismissed without prejudice. Motion carried with Grady, Griess, Poskochil, Shepard, and Gale voting aye, with Johnson voting nay.

Item D Complaint # 2005-021-James M and Nicole A Tegan vs. Dwayne James Mundorf and Patsy Lou Mundorf

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 Shepard that the complaint be dismissed without prejudice. Motion carried with Grady, Griess, Poskochil, Shepard, and Gale voting aye, and with Johnson not participating or voting, being recused.

Item E Complaint # 2005-023 - Joseph Alt vs. Terry Keith Held and Brian Scott Knust

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 Johnson that the complaint be dismissed without prejudice. Motion carried with Grady, Griess, Johnson, Poskochil, Shepard, and Gale voting aye.

Item F Complaint # 2005-024 - Bryan Deck vs. Terry Keith Held and Brian Scott Knust

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 Griess that the complaint be dismissed without prejudice. Motion carried with Grady, Griess, Johnson, Poskochil, Shepard, and Gale voting aye.

Item G Complaint # 2005-025 - James R. Walz vs. Terry Keith Held and Brian Scott Knust

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 Griess that the complaint be dismissed without prejudice. Motion carried with Grady, Griess, Johnson, Poskochil, Shepard, and Gale voting aye.

Item H Complaint # 2005-026 - Patrick B & Janet L. McGrane vs. Steven L. Criss & Susan Ann Wilwerding-Criss

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 Poskochil that the complaint be dismissed without prejudice. Motion carried with Grady, Griess, Johnson, Poskochil, Shepard, and Gale voting aye.

Item I Complaint # 2005-028

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 Grady, Griess, Johnson, Poskochil, Shepard, and Gale voting aye.

Item J Complaint # 2005-027

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 Grady, Griess, Johnson, Poskochil, Shepard, and Gale voting aye.

Item K Complaint # 2005-037 - Olga Villalpando vs. John P. McSweeney

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

After discussion, a motion was made by Grady and seconded by Shepard that the complaint be dismissed without prejudice. Motion carried with Grady, Griess, Johnson, Poskochil, Shepard, and Gale voting aye.

Presentation of Stipulation and Consent Orders

There were no stipulation and consent orders to be presented at the meeting.

Hearings

September 22, 1:00p.m. - Complaint 2005-019,
Michael E. & Donna R. Pontier vs. Mary Katherine Rosenthal

A hearing was held on September 22, at 1:00 p.m., in the matter of Complaint #2005-019,

Michael E. & Donna R. Pontier vs. Mary Katherine Rosenthal. Neal Stenberg, Special Assistant Attorney General and Counsel to the Commission, appeared for the Complainant. Respondent Mary Katherine Rosenthal was present and represented by counsel Doug Ruge of Omaha.

After opening statements, Counsel Stenberg offered 5 exhibits, and Counsel Ruge offered 4 exhibits, all of which were received by Chairperson Gale.

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

Prior to any motion the following occurred. The Commissioners reviewed the original exhibits. Chairperson Gale noted that Ms. Rosenthal filled out the Listing Contract in red ink and signed in blue ink. It appeared that all of the blanks on the form were filled out with the same red ink at the time of signing. Chairperson Gale could not see how the term of the contract could be missed since it was in red ink. Exhibit 3 was only signed by Mr. Pontier and not dated at the time of signing. Ms. Rosenthal later had Mrs. Pontier sign and then Ms. Rosenthal inserted, at a later time, the dates which showed the order of signing. Chairperson Gale stated he was not comfortable with this practice. Chairperson Gale suggested the ability to prepare duplicate originals at the time of signing and to leave a copy at that time rather than making and supplying copies later would resolve this problem. Chairperson Gale also asked the Commissioners if there was an industry standard.

Commissioner Poskochil noted that Mr. and Mrs. Pontier appeared to have no objections at the time of signing. Commissioner Poskochil also commented on the fact it took Mr. and Mrs. Pontier four days to get the paperwork but when they received the paperwork and noticed the nine month listing they did not call to express their concern right away. Commissioner Poskochil reflected that the industry practice of copies given is different throughout the State. Commissioner Poskochil stated in Lincoln they used carbon copies, however, this is not done in all other areas. Commissioner Poskochil asked what is practical? Is mailing a copy acceptable or maybe the industry needs to change the standard?

Chairperson Gale asked about Mr. and Mrs. Pontier=s marital status and was it clear they both needed to sign the completed agreement? Commissioner Poskochil stated it would make a difference if there was a homestead exemption. He indicated that Ms. Rosenthal could not make Mrs. Pontier sign the Listing Contract if she did not want to, since she said it was not her property.

Commissioner Grady stated that it cannot be known if the expiration date was actually there or not. Commissioner Grady expressed concerns about Ms. Rosenthal=s bad business practices but noted that she indicated she was going to change those practices. Commissioner Grady also indicated he felt Ms. Rosenthal needed to take continuing education in contracts whether she was found guilty or not. Chairperson Gale expressed similar concerns. Chairperson Gale stated the law is clear that real estate parties cannot add or be too loose with documentation. Chairperson Gale expressed the need to enforce a higher standard.

Commissioner Poskochil asked Director Tyrrell to read the License Law cited in the complaint. Director Tyrrell quoted statute 81-855.24 (19).

Commissioner Johnson stated he did not feel Ms. Rosenthal was guilty, he thought the date was there but was not made clear to the Pontiers.

Commissioner Shepard further examined Exhibit 5 and indicated the original showed how the Ah@ covered the Ay@ and therefore could not have been added later. Commissioner Shepard noted that Ms. Rosenthal was not breaking the law, she just did not handle or explain the contract as well as she could have. Commissioner Shepard supported dismissal.

Chairperson Gale agreed that the expiration date appeared to be filled out but it still bothered him about the Pontiers not getting a copy of the contract promptly.

Commissioner Grady indicated the license law says to leave a copy at the time of signing. Carbon or NCR paper can be used for that form or fill out two forms. Commissioner Johnson said the industry standard in Omaha is to take two different copies to fill out at the time of signing the listing contract.

Counsel Ruge explained to the Commission that both Counsels had agreed to limit the scope of the hearing to 81-885.24(19). Counsel Stenberg agreed.

A motion made by Shepard and seconded by Johnson to dismiss charges. Motion carried with Griess, Johnson, Poskochil, Shepard, and Gale voting aye and with Grady voting nay.

The hearing was adjourned at 4:55 p.m.

Informal Special Appearances

Brian D. Barber, Salesperson Applicant

Director Tyrrell presented exhibits which included correspondence regarding Mr. Barber=s special appearance, Mr. Barber=s salesperson application, information regarding Mr. Barber=s criminal history, and letters of reference. A copy of said exhibit is attached to and made a part of these minutes. Mr. Barber was present.

Chairperson Gale reviewed the procedure for informal special appearances.

Mr. Barber stated his career was in agricultural finance. He worked in banks in Nebraska and Iowa with loans. He was fired from Farmers State Bank while the Federal examiners were there. After he was terminated, the bank filed a lawsuit against him. The court case finished just 60 days earlier and no fraud was found in the case, it was referenced as bad judgement by the Iowa judge. Mr. Barber noted he had also held a position at MetLife for three years doing real estate loans. He made it known that he was not proud of what he had done but he indicated he had been honest with the Commission.

Chairperson Gale asked if Mr. Barber had lost a license? Mr. Barber said no, however, he was let go by MetLife because of the litigation. He indicated that MetLife did not want to let him go. Commissioner Grady asked what the difference was between giving short-term loans and long-term loan types which would prevent him from using bad judgment? Mr. Barber said he had not been given time to collect on the long-term loans. Chairperson Gale noted that there were no findings of fraud, however the bank spent a lot of money and time pursuing the lawsuit against Mr. Barber. Commissioner Shepard asked who Mr. Barber was planning on working for should he get a real estate license. Mr. Barber said he had been talking with two or three different brokers that he met when he worked for MetLife. Commissioner Grady said Mr. Barber=s misjudgement concerned him. Commissioner Grady also expressed concern about the short term loans and his future behavior. Chairperson Gale had no objections and indicated that the guidelines do not deal with bad judgement. Chairperson Gale said that Mr. Barber had a good record with MetLife and he also had no dishonesty. Commissioner Poskochil asked if loans for relatives should have been disclosed to the bank? Mr. Barber said he should have been more clear, however it was a two man bank and the President of the bank had access to everything. Commissioner Poskochil indicated that the bank relied on him for the numbers to be correct and stated that all of the information needed by the President of the bank was not disclosed. Commissioner Poskochil stated that in real estate issues, with regard to loans , that everything needed to be disclosed and he was unsure that he wanted Mr. Barber to sit for the examination. Commissioner Poskochil said Mr. Barber was not honest with his employer and put the employer in a position of risk. Commissioner Griess stated that it was a civil litigation but was any of it criminal? Mr. Barber answered no. Commissioner Griess asked how fraud came up. Mr. Barber indicated that the bank brought up fraud. Commissioner Griess noted that the duty of a real estate licensee is to reveal material facts. Chairperson Gale asked, based on guidelines, if Mr. Barber should be allowed to sit for the examination?

A motion was made by Poskochil and seconded by Grady to deny Mr. Barber to sit for the examination. Motion failed with Grady and Poskochil voting aye and with Griess, Johnson, Shepard and Gale voting nay.

A motion was made by Shepard and seconded by Johnson to allow Mr. Barber to sit for the examination. Motion carried with Griess, Johnson, Shepard, and Gale voting aye and with Grady and Poskochil voting nay.

GASP Presentation of Proposed Amendment to Seller Property Condition Disclosure Statement-

At 10:30 a.m. Mark Welsch, President of Group to Alleviate Smoking Pollution, a non-profit company, which deals with tobacco issues addressed the Commission. Mr. Welsch requested that a question be added to the Seller Property Disclosure Statement form which will ask if anyone has smoked in the building or property. This would help persons who are sensitive to smoke. An example of a case was discussed where a potential buyer, who was sensitive to smoke, asked the seller if anyone had smoked in the house and when the seller said no, the potential buyer agreed to see the house. When the potential buyer came to look at the house, the smoke odor was disguised by the sixteen candles that were burning. After purchasing the house the buyer had health problems due to her sensitivity to cigarette smoke residue in the house. She had to purchase another house to live in until the first house was suitable for her. Not having the question on the Seller Property Condition Disclosure Statement has cost the buyer a lot of money.

Chairperson Gale asked if someone was going to cover it up and lie about smoking, how would it help to put the question on the Seller Property Disclosure Statement? Mr. Welsch stated that people are more willing to lie verbally than in writing, and if the person does lie on the form it is easier to prove in court.

Chairperson Gale was concerned with how the question would be phrased, perhaps the seller would have no idea if guests have smoked in the house. Is the Seller being asked about every instance when a house has been smoked in? Mr. Welsch conceded history may not be known, perhaps the question could be limited since the smoke should be gone in four or five years. Chairperson Gale asked if this is something that should be on a home inspection such as mold or pets since the seller could have limited knowledge.

Mr. Welsch indicated as more businesses change to a non-smoking environment, people are noticing greater sensitivity. The problem is going to increase. Chairperson Gale noted a difference between irritation and severe allergic reaction and the fact that residue may not bother some people. Mr. Welsch agreed that residue may not bother some but that can depend on how much smoking was done in the house and how often. If the question was on the Seller Property Disclosure Statement and a seller answered yes then a buyer has the opportunity to weigh the option.

Commissioner Poskochil indicated the form was not changed often and may change at a later date with other issues that may also be brought up to the Commission. Director Tyrrell stated the form gets reviewed approximately every two to three years and was last updated in 2004. Chairperson Gale asked Director Tyrrell if there were any questions on the form about allergies. Director Tyrrell replied no, there are, however, questions regarding toxic materials, chemicals or hazardous materials on the form. Mr. Welsch suggested that perhaps when the form changes it could get added to the toxic material question.

Commissioner Griess indicated that a person would still not write that they smoked five packs a day for twenty years, and the buyer will still not know if someone smoked occasionally or all the time. Perhaps this should be looked at but it is not a cure-all. If there is a high degree of sensitivity it should be put in the purchase contract. Commissioner Poskochil said this should be investigated by the real estate agent such as termites or carpet residue from new carpet, this is a burden on the agent representing the buyer-client. Perhaps this needs to be on inspections not as a broad question on the Seller Property Condition Disclosure Form. Mr. Welsch stated that the question on the Seller Property Condition Disclosure Form is just to get the response in writing.

Commissioner Johnson indicated that it could be taken under advisement, perhaps the Commission could look in to what other jurisdictions have done and on the next Seller Property Condition Disclosure form update, it would be reviewed.

Chairperson Gale asked Mr. Welsch to submit materials and a business card to Director Tyrrell who will contact him when the form gets reviewed next.

A motion was made by Johnson and seconded by Grady to consider this issue when the form is next reviewed. Motion carried with Grady, Griess, Johnson, Poskochil, Shepard, and Gale voting aye.

Preliminary Consideration of Builder/Buyer Exemption to Estimated Closing Costs Disclosure - Title 299, Chapter 5-003.11

Director Tyrrell presented a Preliminary Consideration of Builder/Buyer Exemption to Estimated Closing Costs Disclosure - Title 299, Chapter 5-003.11. Director Tyrrell indicated he saw no down side to approve this and it could solve the problem for the future. Chairperson Gale asked for this matter to be referred to a subcommittee on rule changes. Commissioner Poskochil asked what is the definition of a builder, or new construction, would a licensee be confined to the definition? Commissioner Poskochil asked if a licensee had to prove the buyer was a builder? Director Tyrrell suggested that it go to the established subcommittee for further discussion.

A motion was made by Johnson and seconded by Griess to send to the established subcommittee for recommendation. Motion carried with Grady, Griess, Johnson, Poskochil, Shepard, and Gale voting aye.

2005-2006 Objectives

Director Tyrrell presented an exhibit regarding the 2005-2006 objectives of the Commission. A copy of said exhibit is attached to and made a part of these minutes.

Commissioner Johnson asked to review the option to do a length of service recognition program for licensees who have been licensed for 40-50 years. Perhaps have a breakfast and a plaque for those who qualify. Director Tyrrell said he would check into this type of program and see what the Commission would be able to finance. Commissioner Johnson indicated that even a certificate would be fine. In response to a question, Mr. Neilan from the Nebraska REALTORS7 Association indicated the Association waives fees after a person has been a member for 40 years. Director Tyrrell noted that if the Commission wanted to waive fees it would require a statutory change.

Commissioner Poskochil requested the Agency Relationships Brochures for Buyers and Sellers be reviewed for clarity on the tasks an agent needs to perform. Commissioner Griess indicated there was flexibility built in to allow personalizing the brochure. Director Tyrrell said he can look into modifying those brochures. Commissioner Poskochil will review his notes and let the Commission know later if he still thinks this should be an objective. Director Tyrrell said he would put a hold on the idea for now.

Commissioner Johnson inquired about the current annual renewal process versus renewal every two years or on a monthly schedule. Director Tyrrell said that birthday or other alphabetical renewal systems can cause problems with errors and omission insurance. Director Tyrrell also brought up the fact that if a broker does not renew then all affiliated licensees go on inactive status. Director Tyrrell said he would report back pros and cons of various renewal strategies. Director Tyrrell admitted that renewal time is hectic and indicated the need to hire a temporary staff member to get us through renewal this year.

Chairperson Gale asked if one of the objectives should be to make more online filings available to the licensees. Director Tyrrell stated that the only form not available online is the fingerprint cards. Director Tyrrell indicated that NOL is working with staff to make the original applications available for online submission, however, licensees are currently able to download the form.

A motion was made by Poskochil and seconded by Grady to adopt the objectives as amended. Motion carried with Grady, Griess, Johnson, Poskochil, Shepard, and Gale voting aye.

Information Matters

Director Tyrrell announced that an Audit will be performed during October.

Future Meeting Dates

October 13-14, 2005 - Ramada Limited South, Lincoln
November 16-17, 2005 - Ramada Limited South, Lincoln
January 18-19, 2006 - Staybridge Suites, Lincoln

Recesses and Adjournment

At 10:11 a.m., Chairperson Gale declared a brief recess, and reconvened the meeting at 10:30 a.m.

At 12:13 p.m., Chairperson Gale declared a recess for lunch, and reconvened the meeting at 1:00 p.m.

At 2:50 p.m., Chairperson Gale declared a brief recess, and reconvened the meeting at 3:00p.m.

At 4:57 p.m., there being no further business to come before the Commission, a motion was made by Johnson and seconded by Shepard that the meeting adjourn. Motion carried with Grady, Griess, Johnson, Poskochil, Shepard, and Gale voting aye.

I, Les Tyrrell, Director of the Nebraska Real Estate Commission, do hereby certify that the foregoing minutes of the September 22, 2005, meeting of the Nebraska Real Estate Commission were available for inspection on October 4, 2005, in compliance with Section 84-1413(5) R.R.S. 1943, of Nebraska.

Respectfully submitted,
Les Tyrrell
Director

Guests Signing the Guest List

Perre Neilan, Nebraska REALTORS7 Association, Lincoln
Rod Faubion, NP Dodge Company, Omaha
Robert Moline, HomeServices of Nebraska, Inc., Lincoln
Mark Welsch, GASP, Omaha
Doug Ruge, CBSHome, Omaha
Mary Rosenthal, CBSHome, Omaha
Larry Melichar, CBSHome, Omaha
Donna Pontier, Home Owner, Omaha
Michael Pontier, Home Owner, Omaha