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August 8, 2018, OREC Meeting
– We’re gonna call the meeting to order. We will begin with an invocation in 1 Corinthians. Let’s pray. Father, we just thank you for the great state of Oklahoma, for all its people. We just thank you for your blessing, your goodness, your favor, and your grace. We ask you for wisdom today that we would be pleasing to you, in Jesus’ name, amen.
– I pledge allegiance to the flag of the United States of America, and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all.
– Can I have motion to approve the minutes from July 11?
– So moved.
– All those approved?
– Approval, now public participation there it is. Anyone in the audience that would like to bring anything forward or an open topic? This would be the time to do so. Hearing none, we’ll move on. All right we move to formal actions.
– First matters up will be applicant appeals. A brief statement I would like to read in the record, please. In conducting a formal applicant appeal hearing the Real Estate Commission endeavors to follow the general trial practices established in the courts but does so in a somewhat informal manner. The proceedings are generally conducted under the supervision of council for the Commission. The applicant may, if they desire, to be represented by their own council or may present evidence in their own behalf. In order that the hearing may be carried through in an orderly manner and the record not be cumbered by evidence having no bearing on the issue testimony will be limited to matters relevant to the issues involved. The law pursuant to this hearing provides that if an applicant is not satisfied with the decision of this Commission they may appeal the decision by filing a petition for review in the appropriate state district court within 30 days from the date of the formal notice that the decision of this commission is received. When this is done, the case is tried on record by the district judge. The Commission has a transcript made of the entire hearing and anyone may obtain a transcript of the proceedings from the court reporter. The charge for this transcript is the usual charge made by the reporter. If a transcript is desired individual arrangements should be made with the court reporter.
– First case is A2018-13, Michelle Not here? Okay let’s just go to the next one and come back to that. A2018-32, David Meyer, is Mr. Meyer here? Be sworn by the court.
– Will you raise your right hand, please. Do you solemnly swear that the testimony you’re about to give will be the truth, the whole truth, and nothing but the truth, help you God?
– Have a seat. The Commission denied Mr. Meyers application in May of this year because of information provided and gathered by the investigation department which showed that as a result of an arrest on November 2017 he has unpaid balances in the Municipal Court of the City of Oklahoma City. criminal history report show balances of 413 and 324, which was part of his sentence and disposition handed down in January 2018 on the charges of driving under the influence of alcohol, and speeding. Mr. Meyer was also serving a continued sentence until July 2018. Have those amounts been paid?
– They have been paid.
– Can you furnish the Commission copies of receipts or anything? Are you still on the continued sentence? And is the continued sentence, I’m assuming that was the municipal charge in Oklahoma City? The Commission may have questions.
– Would you like to address us with any other specifics? Anything you would like to share?
– As far as more specifics for the case
– Are you currently, do you have a sponsoring broker?
– Okay Miss Burn, I was getting confused. I’m pulling the application. You said no to the misdemeanor. Should he have put yes? Where’s that at? Should it have been no?
– I don’t want to speak on his behalf. I may refer to the investigators. But I think it was his thinking that there was a continued sentence. Sometimes I think applicants get confused. If they have a deferred they might check no when in our opinion it would be yes, because it hasn’t been served out yet. I don’t mean to speak for you, but that’s my understanding of what had happened for his explanation.
– If it’s a municipal charge from the city they’ve got to call it a continued sentence when it’s signed as a deferred sentence they just put off the sentence. Then when they finish the probation that’s when the sentence is dismissed.
– But under our code of rules if the deferred hasn’t been lived out the box should have still been yes. I don’t, again I don’t mean to speak for the applicant but it’s just a common, we’ve seen it before in applicants.
– I am just curious then why did you feel that you knew you had something more. Why did you check, just automatically check no? Or did you inquire with the Commission to find out? It just says have you ever been convicted of any crime? List any misdemeanors, felonies on a separate sheet of paper. You checked no. Since you knew you were still, you hadn’t finished through the sentencing process did you contact anybody to find out whether you should have checked yes or no? Or did you just put no and hope it just got by?
– To my understanding after answering this question I did To my understanding I had not been convicted and that’s why
– We have a record of everything that he has paid. Now he has finished the time on the sentence, correct?
– I’m sure it’s in the file that has been sent to us. You said that, did I hear that you had another incident before this one?
– Yes, and that’s what I thought you were referring to. Whenever I filled out the application, the second arrest The first one, nothing got filed for it. It was pretty well went under the radar until the statute of limitations commuted on that one. That is why that one is why I thought I was not convicted
– What was the timeframe from
– We do not.
– I move approval.
– Thank you.
– Commissioner, that was a no. Commissioner Erkert?
– Commissioner Chapman?
– Vice Chair?
– The next case is A-2018-75, Sarah Donn Wade.
– Will you raise your right hand, please? Do you solemnly swear that the testimony you’re about to give will be the truth, the whole truth, and nothing but the truth, help you God?
– The Commission denied Ms. Wade’s application in June of this year as the result of information gathered by the investigation department which showed that she is currently on parole, probation She’s under deferred sentence from March 17, 2018 for, Oklahoma for actual, physical Has an outstanding balance of $905.25 in fines and court costs. As of the date of this denial there was no payment plan in place. It was still in the process. All other court sentencing requirements, she has until So you’re still under deferred sentence. In the city of Broken Arrow, Tulsa County. And do you still owe fines and costs?
– I still owe a portion of the fines Court person, they didn’t give me a sheet with plan options.
– Are there any other conditions of the probation?
– There were, I completed all of that in a week after my sentencing. All of that paperwork there. I have my certificate of completion. Certificate of completion for July. And my assessment condition as well. I have receipts on my phone that I could print off for the fines that I’ve paid.
– At the end of your deferred sentence was it your understanding?
– At the end of my deferred sentence it would be expunged from my record. I have never currently had a traffic ticket in my life. This is the first time I have ever had an issue.
– It will be dismissed?
– Yes it will be dismissed from my record.
– Just for your information,
– That isn’t the understanding the judge gave me.
– Do you have a sponsored broker?
– I did before all this happened, before I got denied. I was going to work with Paul Mackey at Caldwell Banker.
– Do you want to address the Commission go right ahead.
– Well I just want to start off by saying I’m a single mother. I’m 35 years old and I apologize for getting emotional. I’ve been through a lot of things in my life that are very trying and hard. I wanted a better life for me and my family, especially my daughter. I started class on March fifth and I was arrested on March 17th. I made a horrible decision and I’m paying for it everyday currently. I’m sorry I’m emotional, I apologize.
– Do you plan to go back to the same broker?
– Was hoping to, I was hoping to. I’m actually really good friends with his kind of assistant, Jenny Polar. Known her for over 10 years. She was kind of the one that pushed me forward with this. I was supposed to work on a team with her. I have kept in contact with her so she knows that I’m having this appeal today. And she just wants to know what happens.
– Where are you with working?
– Currently I am working at a small restaurant in Tulsa called Tulsa Deli and Market. I’ve been a server for umpteen years. I’ve done it for many years.
– Fines and submit that small payment. Normally we’ve seen those all paid up. Made determinations.
– And usually everything is completed before we approve anybody. Are we able to approve them if they haven’t been paying anything?
– You’re right, you usually don’t. But you certainly have the right to do whatever you wish.
– I’m happy to provide the Commission with copies of all my receipts as I make payments, either fax, or mail, or email.
– I think since she’s making the effort it actually shows that she has This is your one and only case of this.
– I don’t even have a traffic ticket.
– Can I have a motion, was that a motion?
– I’ll make a motion to approve.
– I’ll second that.
– No further discussion. Commissioner Barnes?
– Commissioner Burriss?
– Commissioner Erkert?
– Vice Chair Kensworth?
– Next case is K-2018-38, Daniel Casey Foster.
– Raise your right hand, please? Do you solemnly swear that the testimony you’re about to give will be the truth, the whole truth, and nothing but the truth, help you God?
– Yes, I do.
– The Commission denied Mr.application because ofprovided and gathered by the investigation department which showed that he had professional license and was fined, reprimanded, rejected, suspended or involuntarily terminated Additionally he discloses his involvement in an investigation regarding his February 2014 termination from River Spirit Casino as a blackjack dealer with accusations of overpayment. You may address the Commission and they may well have questions of you. And then your investigator may have questions.
– I hope that you all have questions. I’m happy to answer anything. The gaming business is a bit different from what I understand from real estate business when it comes to licensing. In the games industry, sorry I’m a bit nervous. In the gaming industry each tribe governs their own casinos, Creeks, Cherokees, Osage, etc., etc. No matter the conditions with which you leave your casino or your position it is to my knowledge anyone that ever leaves, whether you are terminated or whether you quit or anything like that, there’s always a probationary The one at River Spirit, I wasn’t granted a hearing on it. I wasn’t given any proof of any wrongdoing. I appealed, I attempted to appeal their Gaming Commission for the Creek Nation. However, I was only given a hearing or meeting, more or less, with one commissioner, one person who had his office was in the actual casino. It was notwhere I could actually get out my opinion. In the table games in particular, there’s always surveillance, there’s tons of surveillance. It’s in front of you, behind you, to the side, supervisors especially with larger play $500 plus dollars every game. I was accused of overpaying a guy because he won. In a half hour he won about $15,000. It’s a tipped position, like a waiter, a bartender, or anything else like that. Normally we hope for 10% is awesome on somebody that wins some money like that. That’s how we make our living. The guy gave me 100 bucks. Normal What they said they saw on the surveillance tape was me grab a stack of about 40 chips, which is more or less about eight inches in height. I have large hands, but not that big. It’s not possible. They said that I brought them out and whenever you drag your finger over so it’s level, the chips, that’s how you pay. Kind of like a cashier with cash, that’s how you pay. They said that I flipped this stack next to his bet even though my supervisor had been sitting right next to me. He was the only player at the table and she had been standing right next to me watching every hand and every payout the whole time. This gentleman also paid other dealers $100. Dealers who didn’t even pay him $100. It was heartbreaking because I’d worked there for eight years. It’s all I’d known after college and I was making a great living. I was told I was the highest paid dealer in the country. Higher than Vegas, higher than A healthy six-figure income with no education. I was fortunate to be there and that was taken from me. Afterwards and to clarify what has happened with these licenses since I moved to Hard Rock Casino which is run by the Cherokee tribe. I was given a probation. I was granted a hearing much like this with them. After a year of being there the probationary license status went away. The status it was basically One mistake at anytime and they could take this license and I would be gone permanently. No mistakes happened, nothing like that. Then in December, my grandma was visiting Missouri and her and my aunt had went to the Christmas light show in downtown Sandy Springs, Oklahoma. That’s where I’m originally from. When they were crossing a crosswalk they were hit by an older gentleman who couldn’t see at night and my grandma ended up killed. I was upset about that for a while and I was at work. In February of this year I guess I had made some kind of mistake at work. They didn’t tell me that it was a financial reason. They weren’t specific, but I was also Whereas I can’t work with Creek Nation anymore. What they said I did, though the state did not say that I did that, I’m allowed to go back to work there about a year from a year in July. I do have license revocation there but it will be granted back to me at that time. That’s basically it. My reasoning for wanting to get into real estate, I found it kind of similar to blackjack. Steve Oliver was one of our teachers and I found it similar because you can make it what you want, same as dealing. Iworking with people, I’m good with people. I like that, that idea.
– Do you have a sponsoring broker?
– Yes, I signed with Solid Rock Realtors they’re in Claymore with Michael Uri. He is who I’ve worked with in the past. And there’s actually a young lady that works with him as well and she’s doing very well. She’s been there for under a year. She’s my wife’s best friend and she also had a gaming licensethe first casino that I worked at. But she never ran into these issues and I’m not really sure why because it was on her application. Certain cases I’m not sure, but I know that she was able to get her license. But I haven’t asked her why.
– Any questions?
– Really I am happy to ask anything. I understood why you wanted clarification. It’s a very, the gaming part is very complex when it comes to licensing. I am happy to explain anything.
– The major concern there is that monies.
– I feel, did you have a comment?
– I do, the information that Mr. Foster shared about the Cherokee part of the Cherokee Gaming Commission and what happened there was not included in the incident. All that was reported on that was that he worked for the Cherokee Gaming Commission and he was terminated and rehired on May 19th, I believe, 2019.
– No sir, July.
– July, that’s a temporary revocation of the licenses.
– So the information that was shared about mother and grandmother, things like that leading up to it was not shared in the report at all.
– How much was it, so you had a bet or something? Is that was occurred?
– This guy, he’s, what’s funny is in that business you meet thousands of people. So many dealt this guy, jerk. I didn’t want him to win. Yeah, he likes to bet in green chips, in $25 instead of betting reasonably black chips these hundreds of dollars at a time at a time. He likes these big stacks of chips, which is easy enough for me because all you do is you take them and you slide a chip into the chips. No matter how tall it is basically to level it out it’s easy enough to do, especially after you’ve done it millions of times. Yeah, he bet stacks. He had a stack of green that was probably $450, $425, 17 chips.
– Okay, so they thought that you overpaid him $425 on the bet there, is that what it was?
– This has been a few years. I had some notes from whenever I was trying to appeal that I still have. But yeah, they said that I had brought out 40 some chips which I said, it’s this tall. I can’t hold that no matter what. I can’t physically do that. But they said that I had brought that and then whatever I had brought back into the rack was less than what they thought it should have been. But most of the time surveillance, even though they have awesome cameras, it’s not as clear as what you think. A casino is basically a giant bank. You think it would be crystal clear, you can see every single chip, but it is not. Most of the time whenever they have surveillance issues they call them SIRs, a lot of the time they have the wrong dealer or the wrong table. I’m not saying they made that mistake.
– Right, how long after they bring this up to you did it occur, that they brought up their discrepancy that they had?
– It was well after it had occurred. I guess there was an inve–, what they do is they suspend you and then they investigate. Then they call you back and they let you know.
– So you don’t remember exactly how much it was or anything that you, verbatim or something?
– I’m telling you that I dealt. 25 millions–
– That’s what I’m trying to get at because you dealt so many I know it would be hard to remember.
– No, it’s not that.
– I know I would, I understand, like I would remember clearly overpaying someone. And I never overpaid anyone ever. And I still, I will always.
– Right, that’s what I was trying to say.
– I propose that we table and investigate a little bit further so that I can contact Creep Nation and confirm, I did contact Cherokee Game Commission yesterday and they stated, Mr Foster stated within his report and indicated that once a license expires, that it automatically terminates. Kelly Myers with the Cherokee Game Commission represented me that once a license expires, it actually goes into inactive status. So that’s kind of a variation of what was indicated to us of what happens to that license. She said that if there was, if a license was terminated and he was rehirable within a year, it wouldn’t have been terminated unless it was just cause. And since I’ve been with Creep Nation, I would confirm that information to see if it kinda parallels what the Cherokee Gaming Commission says.
– I can elaborate on that too. When someone has a case, the normal cases you see, misdemeanors, things like that, court records are easily accessible so that’s something easily cross check that, it’s a little bit different with the Native American Gaming Commissions. We have to seek those records out. They don’t come to us automatically. So when the applicant represents something, it might be a little more difficult to verify. You can’t just ya know, go to the house and pull something.
– And they did indicated with the information of Mr Foster with a written indication that we could have full access to those records.
– Van, ask you a question.
– When you talk about an expired license, I’m not quite sure, I was terminated.
– So my license it was not, to my knowledge has never, I guess not been expired.
– Maybe there’s some misunderstanding about counting the first Commission is a little bit different and what happens with the license. I believe that it was talked about that it was terminated because of expiration within that report.
– The report from.
– Your statement, I’m sorry.
– Your personal statement.
– Okay, my license was revoked too. It was revoked because they accused me of over somebody.
– From. From Cherokee, you’re rehirable.
– Yes and whenever they say or vote in the gaming world is not always a permanent termination. So from them or I guess, like I said, it is different. The licensing is different from real estate to gaming so they use the term revoke in kind of a broad statement. Yes, in their terms it was revoked. But in real estate terms it may or assisted until I am rehirable which should be July of next year.
– I move we accept the investigators suggestion to table for further investigation.
– Can I get a second?
– I do have one more comment to make.
– I have something for you.
– I vote though.
– Alright. We have a motion, we did not have a second.
– Is that motion like a second?
– Okay, so do we have a motion, we have any other questions?
– I have just one, just so I’m clear. So with each tribe, you basic, I’m guessing every tribe gets their own rules, every license so you could need like eight different licenses with eight different tribes which all have different sets of rules.
– Not at the same time, you can only be licensed with one tribe at, you can only work at one scene at a time. Right, so, but yet, their own gaming license. So the Creep Nation has their own gaming license. Cherokee Nation has their own gaming license. Oshage has their own license.
– So it’d be like a realtor going from Texas to Kansas to have different licenses.
– It would. And similar to that, it would also, if you have a problem with one tribe, then the same as if you had a problem, somebody had a problem RAC, they would, that problem will follow them wherever they go to some degree because that governing body would also have questions about licensing from Oklahoma to Florida or wherever they may ya know, end up being.
– Are you permitted now to enter the casinos now and gamble yourselves?
– Yeah, oh yeah, yeah, yeah, yeah, absolutely. My wife loves to, I can’t stand it. We’ve both been in that business for over a decade.
– I’m just wondering, what do you actually wanna, what do you wanna find out?
– I wanna contact Creep Nation to find out the actual status of Mr Foster. And if the allegations were proven or not.
– So you wanna see if they’re actually.
– We’re kinda goin’ off of his word. But we would need his approval, written approval for those gaming commissions to share their in detail.
– I may have some things here that may actually give you what you’re looking for. By all means, contact them and do what you need to do. But I may have some things right here that may give you those answers if I could just have a moment to, more or less.
– Should we take this, can we take this right here?
– We can take it, just understand, it sometimes puts us in a difficult position. I understand, it’s more when they bring it to the meeting, we don’t really have time to investigate what’s contained therein even if you hand it to us. You’re asking us to make a very big decision. Again, it’s normally we have records to back up the applicant’s statements. It’s a little different when dealing with the tribal commissions, they’ve offered to give it to us but it’s not something we can get automatically upon request, we need his permission to verify the accuracy.
– If we have it by September, I’m sorry.
– So we could see that in addition to possibly delaying or we can call for a vote, is there anyone?
– As an applicant, he’s free to give us anything even outside this meeting, I mean. He can just submit it to commission and say add this to my application. He does not need formal permission to give us documents to his file.
– So if we are going to delay, then we would need another motion, a second to delay. Or we can call for a vote and make a decision here.
– Right. It depends on how you would like to proceed.
– Okay so do I have any other motions?
– I will make the motion, what Roger said, delay.
– Till the next meeting.
– Okay. And so we have a motion and a second.
– Say second Roger just so I can.
– Say Second.
– Okay, any other discussion? For a vote?
– Commissioner Barnes?
– Commissioner Borous?
– Commissioner Erger.
– Commissioner Chapman.
– Vice Chair Pitsler.
– Yes. And if you would like to give your additional papers so they could make copies of that.
– Okay, absolutely.
– We’ll see you again.
– Okay. Thank you all for your time, appreciate it.
– We’re going on to examining reports. There are three cases listed there since 2017, 57, CT 2017 65 and C 2174, all three of those cases still the same respondent and we are requesting that we table and/or postpone those. There were some exceptions they have the warrant for investigation into this matter.
– Are we gonna still look 8218030?
– Yeah, I was gonna comment. As Michelle Karen Low, it’s now 10:15. Its set for 9:30.
– We haven’t had any call or anything. You can either deny it or pass it onto the vote. If he had a reason to not be here.
– I make a motion to pass it onto next meeting.
– Do we have a second? The delay.
– I’ll second it.
– Okay, Commissioner Barnes?
– Commissioner Borous?
– Commissioner Erger?
– Commissioner Chapman?
– Vice Chair Pitsler?
– That motions fails a three, two vote.
– Make a motion to do something else.
– Now we have to review this.
– I don’t know what we have to do to try and have this. Okay, this is A-28D-30, the commission denied application, failure to provide documentation about an arrest in January 2018 for aggravated driving under the influence in Dukes, Oklahoma as conveyed in their criminal history, background and report. The investigation department requested that the applicant submit additional information including a copy of the judgment and sentence proven the conclusion and/or current status, etc and a personal statement pertaining to the charges by March five, 2018 but she did not respond with discussed filed documentation. As of July of this year, Miss Unlow supplied some of the documentation as requested but is still awaiting copies of her expungement to Midlan county, Arkansas. There’s a lot of stuff in the file that I haven’t had the chance to go through. I don’t know if it’s all there or not.
– Quite a bit.
– I’m not sure what the status is, at this time.
– They stepped out, so.
– It seems that there’s still quite a few things that are not in order here that she still needs to complete.
– Yesterday I feel like David said 3,000 was still owed. Again, I would like verification on that, investigated it.
– She’s got so much in her history.
– I just don’t think she has been clean long enough. Even by her letter, her response. It says I just year ago, relapsed again. And then I noticed that she’s always denied to take any kind of, when she does get arrested or pulled over, she never, it looks like she ever will allow a drug test to be performed ever which also alarms me.
– Administrative, administrative denial would not have just been based on her failure to respond even though that’s what we initially deny her on. Had we had all the documentation, all of that would’ve factored into any decision. Dana, do you remember how much the applicant Enlow still owed, I thought you said yesterday. But now I can’t remember.
– I think what we had said 3,000.
– Okay and I believe, is she?
– And then we’re still lookin’ for the proof of the connect purpose, she did send information on the. And the cost and fines.
– So there’s still notices outstanding.
– That is.
– And I think we have more information if we need it here, any other.
– Well those are the things that we are waiting on, those particular document receipts to complete them.
– Okay, we have a motion.
– Make a motion to deny.
– Okay. Commissioner Barnes?
– Commissioner Borous?
– Commissioner Erger?
– Commissioner Chapman?
– Vice Chair Pitsler?
– And that concludes that.
– We will be back on page six, consent orders.
– We’re gonna start with the consent orders.
– This. Today, the commissioner has report one consent order, case number U 2017 004 space Ayres, A-Y-R-E-S. Miss Ayres is an unlicensed person from the Ardmore area. She has worked for a number of years for one of the local attorneys there. In that attorneys presentation at rest, from the owners who have been in California for a number of years, there were some property management being conducted and Miss Ayres. As part of the representation but really on the side was managing certain property, it belonged to the trust and additional, some additional property that was owned by Miss Fraizer, this occurred for a period of years. There was a request by the trustees from California to terminate Miss Fraizer who is a complaining witness here. And when that situation occurred, Miss Fraizer filed a complaint against Miss Ayres for doing unlicensed property management. So the recommendation is that Miss Ayres and agreed to consent or pay an administrative fine in the amount of $5,000, I understand she has since become licenses, Miss Ayres. She is a licensee now. And this is for conduct that occurred before she was licensed, when she, when the commission contacted her and became aware that she was doing unlicensed activity, she contacted the client, I can no longer do this because I don’t have a license so on that, we’re recommending a $5,000 administrative fine. She’s agreed to pay the same.
– Move approval.
– Second. Can I ask a question? So she was granted a license knowing that she performed property management without a license prior to getting a license and she was approved to get all the license in after that, is that?
– She represented that she did not know that she needed a license.
– Of course she did.
– Well understand that this happened before you write so it hadn’t been completed, no decision had been made. And so maybe you guys might’ve decided she didn’t. And it could’ve been denied so we really didn’t have anything in front of us with reason to deny her at the time she did that.
– So these allegations would’ve come up after the license would’ve already been granted.
– So when she applied, we did not have knowledge. The complaint came in after her license was issued. But it occurred before her license was issued.
– But what she was doing was for one particular entity.
– She worked with an attorney.
– She did, we have the complaint. I didn’t mean to deceive you on that. We had the complaint but we hadn’t completed the investigation, we hadn’t presented anything to you for a final decision and so at the time she applied, this was all still just a pending matter.
– She admitted that she was not doing this for the attorney. I kinda leaned in that direction if she was actually working for the attorney to do this, she wouldn’t have had to been licensed. She was very helpful with the investigation and she said, no, this was me managing property outside of that situation, so.
– She worked for an attorney and he was the one that first of all, with these properties to her probably with his guidance, he thought at that time, she was doing everything completely legally. And so once the complaint was received, that’s when David initially contacted her and began the investigation when she had any idea that she was doing something wrong, she immediately applied for it while the investigation was still going on. And as Dana just indicated, we didn’t even know if she was doing unlicensed activity at the time. And it was a possibility that she was doing everything completely legal so she just went ahead and got the license. Since completed the investigation, she has been forthright, very open, honest and helpful and delivered a goat in front of David.
– That literally happened. David was investigating one of her goats went into labor so David went to meet her at the goat farm and not only witnessed the goat birth. The goat was not breathing and she gave the goat mouth to mouth resuscitation so David had quite the day. She didn’t even offer to name the baby goat David. And I said to.
– I appreciate that. My concern is the degree and the people out there that are doing property management without a license is unbelievable and of course they never know it, that it’s required so shame on us for not educating them that it’s required, I guess. But they just wanna approve the application.
– I wanna see the man she pays some $5,000, she’ll do some education for other people. That’s 5% of what she earned on the property too in what she earned over nine years. So that’s one of our heftier fines and she’s willing to pay it.
– I applied to see the fine because it is serious and some of the issues that came before us certainly are serious when we see funds being mismanaged. So it is an important thing. On this particular file, are there any other questions?
– Did she check yes on her application that she had a pending investigation?
– She did.
– I didn’t see it. Did we get an applicant report?
– I don’t remember but I remember discussing that with her at the time.
– Okay we have a motion.
– It seems like we were voting.
– I move it.
– Yeah, we did have a motion.
– I think we were at me.
– And a second, we were in discussion. So alright, go ahead and call the vote.
– Commissioner Barnes.
– Commissioner Erger?
– Commissioner Chaplin?
– Vice Chair Pitsler.
– We would like to have just a very short 10 minute break. Okay. 3:15. We are gonna move to the case of preliminary investigative reports. Can we, once there is are anyone that would like to pull out to take these all together to recommend approval for the for formal hearings.
– Do you want the case numbers approval?
– It’s easier to say case examiner, preliminary reports as listed on with the exception of.
– And just list the case number you would like to pull out.
– The one that I would like to pull out is.
– Double o seven.
– Double o seven, 201. Membership real estate investment, incorporated. I would like to pull that one out and I would like to have a motion to approve the others. Any discussion.
– Okay, commissioner Barnes.
– Commissioner Borous.
– Commissioner Erger?
– Commissioner Chapman?
– Vice Chair Pitsler.
– Now we’re gonna discuss the one you pulled out?
– Yes. Okay so my question on Leadership Real Estate Investments Incorporated 2018, Double o seven. I would, I’m just really curious why we would set a hearing rather than go ahead and recommend to close the case. So I’d like some discussion on that one.
– That was the one that I recommended for a hearing. And it was a small violation that I think it worked out.
– What we were reading it seemed like that the person that actually put it, the company that put it up was the one that actually admitted to making the, not going back and asking permission.
– Is that not correct?
– That’s how it was represented in the respondent’s statement, excuse me, statement but once we interviewed and spoke with her and started looking to send us documentation where she said how she sent the advertising over to the agency, she found that there was several versions and she sent along word and admitted that she said the wrong version, the advertising credit.
– Did they get an opportunity to consent to some sort of a fine, having?
– Yeah, we will ask them when we conduct our interviews, technical violations and there are no disputed facts. If they are, wanted to entertain some type of offer for consent, if they say no, they were wrong.
– From a procedural standpoint, we can do that until you set it before me. ‘Cause otherwise you might choose at this meeting to close it so there wouldn’t be anything to.
– So if we agree to saying a formal hearing, they still have that opportunity to consent to a fine.
– We will go back to them as a part of normal business. We always go to them and say okay, here you wanna go to hearing and by that time, they kinda change their mind. We address it multiple times, particular on a technical violation.
– Commissioner Barnes.
– Commissioner Chapman?
– Vice Chair Pitsler?
– Okay under general business the first item is rules update, our emergency rules that you approved at your last meeting that had to do with the lower income licensees receiving the one year waver of fees, we had submitted those. Those are awaiting approval at the governor’s office. She has five days to either approve or deny or take no action so we’re still within that time period. We will follow up with them. We are starting to compile for 2019, this permanent rules that we will follow, there have been a couple suggestions at throughout your discussion. Roger, I think you brought up at the last meeting about the 30 days for all brokers even if it were termination.
– Right, yeah.
– So there are also a couple of recommendations, contracts to make that have to do with the earnest money and the education advisory has some as well dealing with scores and things like that. I hope to get a list together. I was just notified so we’ll have that at the next meeting.
– Is that where the inducement is gonna come in?
– That could be legislation.
– That’s legislation.
– Yeah and you guys have already approved that. But it’s still on, we’ll still discuss it with OAR, so.
– Because I would like to make note that if I know that that language came out of the committee and then there was discussion here about it that I don’t remember formal approval, I still think that it still needs some completion and a review on that.
– Well Monica did mention at the last meeting a respite concern, unfortunately she’s out of the country right now but so we will keep it on the agenda and of course, we still have time to discuss it further.
– If there was ever an opportunity to revisit that, I would love to read it but if it’s already done.
– The commission did vote on it but that doesn’t mean as new questions come up and I know that OAR was still looking at that as well so they may have some suggestions. And so of course we would be free to discuss it further.
– I don’t know.
– I can wait till we get there.
– Sorry, go ahead.
– I wanna get Glenn happy. But at the next meeting, we’ll have a full list of those rule changes, I’m happy to see the educator advisory contract forms, getting involved in that process. I think they have some good suggestions. And then legislative update. We kinda tie into buyer inducements as well. That’s the only legislative issue we’re at so far. Questions on those, okay, at the.
– Last meeting you were given the lists of activities requiring a license. And we had discussed with counsel that we
– We glance during a paragraph now, get their approval and then we’ll be able to roll that out probably within the next couple weeks. The language in the paragraph we talked about is a disclaimer. So it’s very clear to everybody that
– [Group] Suggestions.
– These are not rules.
– These are not reported changes to the statutes. You follow the statutes. You gotta followthe rules. But these are some matters that help, hopefully to guide your behavior.
– And I might add, too, that that may be something that that we could that we could give brokers . We couldin the script and put online that it could be something
– Sure, absolutely that would be counseled but not so that it doesn’t have that undesired effect of becoming a different rules
– Right. and regs.
– That’s right. Okay. I believe okay yeah. Monica Wittrock had prepared, she had done some research from her firm. Titled ” car parts in other states”. Now at the last meeting you had asked me to follow up with, on a couple of questions about legislation. They had not defined intent to purchase in any of their rules. They do not have a legal definition of that, however they have no cases either. There as one wholesaler in Arkansas whothe legislation. But once it was she royally got licensed. So they really haven’t had any issues from board yet. But they will keep me posted. Ohio, Sherry had talked to some people in Ohio. And they had, their commission actually did a video online In theinteresting, in that, they had not think if you had an option you could market the property because you can only market what you own. You own a contract, you don’t own a property. And so I thought that that was kind of an interesting take on it. I sent that to my as she was getting ready to leave because I would love to hear her take on it. And then you have Monica’s information to review as well. It might be something you wanna hold off on until Commissioner Wittrock is back. I don’t know if you can take and study it. If we did want to do it would be legislatively. So.
– So that’s something we can move to.
– It’ll just linger on the agenda like our inducements.
– Any items fordiscussion. Future meetings, in addition to the ones that we list.
– Now we’ll move on to financial.
– If there’s not anything.
– Our fiscal year started July the first so your July financials only encompass one month of activity. Now,the front page are available cash balance at the end of FY-17 is 519 thousand. And then our, Harry Ford, the education and recovered fund is not the seven thousand. clarifying those two there’s many change and here’s why. If fiscal year 18 expenses post in FY-19 they’re still taken out of FY-18 funds. So we would have to lower that amount accordingly. There aren’t many out there and they should all post in August. So, we should have it’s not a significant amount. I just don’t want you to see a different number there. And think something is different. Our revenue’s were $184,187.58 no I’m sorry that was Our revenues were $131,981.53. Forour expenditures were higher in July than typical. But I don’t think that’s caused to be concerned at this point. We had some outlining expenditures Overall, a very good report. And we did start work on our audit. I almost forgot The big news, we are working Our auditor, she’s requested. First they request information on minutes, financial things like that. looking at
– and we’ll get the numbers so we’ll keep you posted on that as well.
– Alright, education.
– So our July sales testers were 338 testers6%. Our other test days were 25 with a pass rate of 48. And from last July to this July we are at 744
– Any questions? Thank you.
– You loving your job?
– Yeah, yeah. Of course.
– Did you want to address the ebroker or no?
– Yeah, I’m sorry
– That’s okay.
– The ebroker, we’re arranging data for right now. We’re doing exchanging data. Everything seems to be going well. We’ve got a developer assigned to us from and so they’re pulling the data, according to the way the CE broker needs to receive it. And we’re making some tests of those exchange right now so, we’re right on track.
– how long do we be in active state if I ever work online?
– Like when somebody goes in the inactive status.
– They can stay inactive until they either lapse or choose to But they still have to renew the inactive every year. If they don’t renew, they’re lapsed.
– So it would stay on for years?
– Right, yeah.
– You can be inactive as long as you want you will just still have to renew every three years.
– Okay knowing lapse Okay.
– And it’s been a trend, actives are up and inactive’s are down. So, I mean, that’s kind of been a trend for the past several years. That seems to continue.
– Yes, this is good.
– Okay, moving on to industry affairs education advisory committee.
– Alright, basically what we where the tax rates always Or the 46 percent in the last month wasn’t it the sales associate. And so they made a recommendation that we talk about moving the tax rate from 75, pass the score from 75 to 70. And so, will that be in the future agenda, I don’t know.
– It’ll be when we will get the proposed rules. But this is your announcement.
– And also trying to send out how each school is doing and categories everything. But there’s a lot of vision with every board as well fromso.
– Anything else?
– I think that’s the main items.
– I apologize, Sherry, can you think of anything?
– I had the notes of yesterday, looking.
– We mainly talked about CE’s broker stock was updated. But other than that, nothing else.
– Yeah,everything else is just expansion We got thisactions get all of the reports lined out . Three letters in a twelve month period.
– That’s all I have.
– Okay, back to our inducement. We will revisit that language. We’ll put that on the next agenda and look at it again. We have given the draft of what we did have to OAR. I don’t know if they have had a chance to
– We had responded back on that draft. I went back into my emails and found that we had sent something to you. That was back in March. They had met about it. This has been an ongoing topic. I know that it has gone back and forth and that was just pulled from me yesterday.
– Okay So go I can go back and load everything
– I don’t remember seeing it but I will look. In fact on thispage, we did have feedback on that. That we sent over to you As far as inducements and I can resend that all back to you. Government affairs is meeting tomorrow so they will look at, they can re look at inducements and they can also re look at the and have discussion on the activities requiring It’s onto discuss so that I can have feedback on what they have on their radar for that.
– And if you want to resend that.
– Well I found it.
– Well I apologize, Jessica.
– Hey, no worries we’ve had the radar.
– Ends March 21.
– So if I may ask a question. Just kinda coming back to
– Yes the education reports. If I can get some clarification, I may have missed this too, as it’s been going on for while. There was a broker in course that we are redoing the app on. Has that ever come back out? On the broker and charge outline?
– That is the one that Theresa had been working on and since she has since left it didn’t get
– So it’s still the same old broker and charge course outline?
– Is that correct?
– They have not approved any changes.
– I don’t know if Theresa passed on yet to you, what she had
– No. Finished
– It said just leave it as is.
– And so I was following that direction.
– And I’m good with that I just wanted a clarification on that if we were sticking
– Well I think that you can make some changes, you know. The outline wasn’t set in stone or code and rule. We just want Changes. They’re just doing something they can staff, I’m guessing to improve it or not. If the follow
– Yeah, Therese had just asked that if she’d take control she just wanted to work on it and then she was gonna pass it back to us toto the Commission. And
– We had the last and that they don’t look bad.
– If y’all would like to bring in somebody.
– Anything you might also contact Therese and see if there was anything else that she was bringing forward.
– To make sure.
– I I didn’t mean to, I just needed some clarification on
– Maybe we should let the current education advisor committee look at it since it was a different smaller working group that looked at that. And those commissioners are no longer on the board. Maybe that means something into your next meeting. I that’ll be good. Okay. But for now, Jessica, know the changes.
– So was that what was submitted to the Governors office and then the
– The outline itself wasn’t submitted. It was that they would have to update it within so many days of receiving a new outline. And that rule was not approved.
– But the outline is still there, so. Out therein my drawer. So maybe it would be better to have the advisory We did notthe education advisoryhad not been informed yet. And now they have been , so maybe that would be more appropriate to go under them.
– Contract forums committee?
– They are coming to me on Friday. It will be Commissioner Burkes’ first meeting. He’s so
– I missed the first one so I can’t afford it again.
– He was on the beach where Commissioner Evan is now.
– I went to the last meeting because it effects us too. So they continued that earnest money
– Its the same things that they’ve been working on.
– No conclusions on that
– They are prepared, though, to bring them to you, in October. So
– okay. I think it’s just hammering out love to talk details. You’ll have a lot of fun.
– Okay moving on to personnel updates.
– No updates.
– Okay. And what about new business?
– We did receive a request from OAR yesterday that had been after the agenda had been allowed since it came in after our agenda was posted. We are allowed to put it under new business. It’s listed, I believe on your yellow agenda sheet. Previously, we in conjunction with OARs And that in the past when they’re is out of town. Just as a way of taking our commissions to parts of the state that we might not normally go to. I believe we were in Stillwater, or was it just last year?
– Last year.
– I blocked it from my head.
– Where Pistol Pete’s at but
– This year they are meeting in Oklahoma City. So normally we had not met when they are in the city. Either their conference is following at the same time as our regularly scheduled meeting so they had submitted a request to us to consider So I will let you speak to that if you would like, or?
– Sure, we would, we respectfully ask if you would consider having your commissioners meeting at the Sheridan Hotel, Tuesday afternoon, October ninth. We’ve got several of our board of directors meeting that following morning. And we’ve got several of our members coming in that afternoon. We feel that it’s good for them to be involved in. And we feel that it would be great if we could keep them involved. Show them what the commissions mean. We’d like to see if you would consider doing that for your meeting.
– So you’re thinking of one until, or 1:30 something like that after new timing?
– Yes. On that Tuesday October ninth.
– Our conference does kick off in board meeting at nine o’clock that next morning. So if you don’t want us to be at your meeting If you say, lets do it when they’re meeting.
– So, from here any questions?
– Yeah, I’m good with it.
– Sureshow up the Sheridan’s
– To change our meeting. To Tuesday, October ninth afternoon, Sheridan Hotel.
– Check onaccount.
– I’ll time it.
– I’ll have to miss my Dentist appointment.
– Okay, we’ll write you a note how’s that?
– There ya go.
– You just have it for one vote?
– Yeah. Any opposed to where we need to bring thatokay.
– Are you all in agreement?
– Thank you and
– That would be at 1:30?
– Is that okay?
– I think 1:30
– Yeah. is good. It gives people time to have lunch where you can
– It is hard. We will, OAR, will pick up the cost to that meeting room and everything and make sure that all our
– Oh I can’t.
– You’re a registered lobby interest so
– You’re right.
– I stand corrected. No we won’t.
– Open a bar tab for the commission. Just kidding.
– I was joking.
– The costfrom a staff perspective, the travel and overnight stays for us are not involved. The ones of you who travel overnight would be traveling overnight anyway. Maybe not, because it’s in the afternoon and you don’t feel the need to come down the night before. So really we’re just looking kind of room cost and the administrative side.
– Okay. So is it under upcoming meetings?
– Upcoming meetings So October the ninth, will be Tuesday afternoon down at the Sheridan. September we’re still kind of, I’ll say its pending. We’ll need to look and see what items we could add.
– And I’ll speak with counsel about that and let you know, in September, but for now I’d go ahead and plan on it. But itpush back until October, we might also believe is in September. It just kind of depends on how the formal hearings go.
– Any other business? Any other new business? Okay
– I moved the hearing
– Alright, meetings adjourned.
– Alright, thank you.