OKLAHOMA REAL ESTATE COMMISSION 1-08-2020.pdf · Oklahoma Real Estate Commission Agenda – January...

OKLAHOMA REAL ESTATE COMMISSION REGULAR BUSINESS MEETING

Denver N. Davison Building 1915 North Stiles – Suite 200

Oklahoma City, Oklahoma 73105-4915

JANUARY 8, 2020

AGENDA

OPENING OF BUSINESS MEETING

1. Call to Order at 9:30 am

2. Approval of Minutes from the December 11, 2019 meeting

3. Public Participation (“Open Topic”)

4. The Commission may vote to approve, disapprove, or take other action on any item

listed on this Agenda

FORMAL ACTIONS

APPLICANT APPEAL

WHEN THE COMMISSION IMPOSES ANY FORM OF DISCIPLINARY ACTION AGAINST A RESPONDENT, THE FINAL ORDER OF THE

COMMISSION IS SUBJECT TO REVIEW FOR APPROVAL OR DISAPPROVAL BY THE OKLAHOMA OFFICE OF THE ATTORNEY GENERAL, PURSUANT TO EXECUTIVE ORDER 2019-017.

No Applicant Appeals for January

Oklahoma Real Estate Commission Agenda – January 8, 2020

of 12

FINAL ADMINISTRATIVE ORDER

C-2017-043: David Lee Fulps II (155657-lapsed) – Tulsa (Day) Possible violation by Respondent David Lee Fulps II: 1. Title 59, Okla. Stat., § 858-312(15) in that, Respondent David Lee Fulps II pleaded guilty and was convicted of Running a Roadblock, Unauthorized Use of a Vehicle, Eluding a Police Officer (2 counts) on February 28, 2017 in Washington County Court, Case CF-2016-256. Fulps served a Five (5) Year sentence; Three (3) Years Prison; Two (2) Years Suspended. Recommendation: Respondent David Lee Fulps II pay an administrative fine of Two Thousand Dollars ($2,000.00).

Pursuant to 25 O.S. §307(B) (8), an Executive Session is available to discuss the terms of the Final Administrative Order and appropriate disciplines, if any:

1. Vote to enter into Executive Session 2. Discussion in Executive Session 3. Vote to return to Open Session 4. Commission to vote/take appropriate action on the Final Administrative Order

______________________________________________________________________________

UC-2018-002: IWC Property Management, LLC (158033), Casey Lee Cook (BM) (031913), Glenna Stearman (Unlicensed) and Linda Wright (Unlicensed) – Oklahoma City (Day)

Possible violations by IWC Property Management, LLC and Casey Lee Cook:

1. Title 59, Okla. Stat., §§ 858-312(8)-(9) and Okla. Admin. Code § 605:10-17-4(21) in

that, Respondents IWC Property Management, LLC and Casey Lee Cook failed to ensure that

Respondent Stearman was properly licensed prior to performing real estate licensed activities.

Possible violation by Glenna Stearman:

2. Title 59, Okla. Stat., § 858-301 in that, Respondent Stearman engaged in licensable

real estate activities prior to obtaining the required real estate license.

Recommendation: Respondents IWC Property Management, LLC and Respondent Casey

Lee Cook pay an administrative fine of Seven Hundred Fifty Dollars ($750.00) each, for

a total of One Thousand Five Hundred Dollars ($1,500.00). Respondent Stearman pay an

administrative fine of One Thousand Five Hundred Dollars ($1,500.00), totaling Three

Thousand Dollars ($3,000.00) and Respondent Wright be dismissed from the complaint.


of 12

CONSENT ORDER

C-2018-007: Leadership Real Estate Investments Inc. (139714), Holly Denise Moody

(173654) and Shannon Rhea Stiger–Monahan (173654) – Oklahoma City (Hammonds)

Possible violation by Respondents Leadership Real Estate Investments Inc. and Holly Denise

Moody:

1. Title 59, Okla. Stat., §§ 858-312(8)-(9) and Okla. Admin. Code § 605:10-17-4(6), in that, Respondents Leadership Real Estate Investments Inc. and Holly Denise Moody failed to ensure the advertising activities of Respondent Shannon Rhea Stiger-Monahan were in compliance with respect to inclusion of the broker’s reference. Possible violation by Respondent Shannon Rhea Stiger-Monahan: 2. Title 59, Okla. Stat., §§ 858-312(8)-(9) and Okla. Admin. Code § 605:10-9-4(b)(3), in that, Respondent Stiger-Monahan failed to ensure her broker’s reference was present and that it was prominent, conspicuous and easily identifiable on her billboard advertisement. Consent: All Respondents assent to paying an administrative fine of Five Hundred Dollars ($500.00) each, totaling One Thousand Five Hundred Dollars ($1,500.00).

Pursuant to 25 O.S. §307(B) (8), an Executive Session is available to discuss the terms of the Consent Order and appropriate disciplines, if any:

1. Vote to enter into Executive Session 2. Discussion in Executive Session 3. Vote to return to Open Session 4. Commission to vote/take appropriate action on the Consent Order

C-2018-079: Select Management Group LLC (BO)(155590), Peter T. Galbraith Jr. (106519), Paul Thomas Mattke (140965) and Corinne Faye Egge (071907) – Tulsa (Hammonds)

Possible violation by Respondent Peter T. Galbraith Jr.:

1. Title 59, Okla. Stat., §§ 858-312 (8, 9) and Okla. Admin. Code § 605:10-17-4(6), in that, Respondent Peter T. Galbraith failed to ensure the advertising activities of Corrine Faye Egge were in compliance.

Possible violation by Respondents Select Management Group LLC (BO) and Paul Thomas Mattke:

2. Title 59, Okla. Stat., §§, Section 858-312(8, 9) and Okla. Admin. Code § 605:10-17-4(6), in that, Respondents Select Management Group LLC (BO) and Paul Thomas failed to ensure the advertising activities of Corrine Faye Egge were in compliance. Possible violation by Respondent Corrine Faye Egge:


of 12

3. Title 59, Okla. Stat., §§, Section 858-312(12), in that, Respondent Corrine Faye Egge advertised and offered two free admissions to the Oklahoma Aquarium with matching purchase as well as offering a $20 gift card towards a dining experience at Juniper Restaurant as a gift from Coldwell Banker Select.

Consent: All Respondents assent to paying an administrative fine of Five Hundred Dollars ($500.00) each, totaling Two Thousand Dollars ($2,000.00).



C-2018-085: Jolley Realty LLC (155722) and Gerald Dewayne Jolley (065620) – Cushing (Hammonds)

Possible violation by Respondents Jolley Realty LLC and Gerald Dewayne Jolley:

1. Title 59, Okla. Stat., §§ 858-312(8)-(9) and Okla. Admin. Code § 605:10-17-4(12), in

that, Respondents identified that earnest money in the amount of $500.00 was submitted to Creek

County Abstract Escrow Title Company when earnest money had actually been deposited in

Respondent Jolley’s company escrow account.

Consent: Jolley Realty LLC assents to paying an administrative fine of Seven Hundred Fifty Dollars ($750.00) and Gerald Dewayne Jolley assents to paying an administrative fine of One Thousand Dollars ($1,000.00), totaling One Thousand Seven Hundred Fifty Dollars ($1,750.00).



C-2018-091: Tyler Cole Thompson (153806) – Ada (Hammonds) Possible violation by Respondent Tyler Cole Thompson: 1. Title 59, Okla. Stat., § 858-312(9), in that, Respondent Thompson failed to complete nine (9) hours of disciplinary continuing education ordered by the Commission in case C-2016-95.


of 12

Consent: Tyler Cole Thompson assents to paying an administrative fine of One Thousand Five Hundred Dollars ($1,500.00).



C-2018-093: Jolley Realty LLC (155722) and Gerald Dewayne Jolley (065620) – Cushing (Hammonds) Possible violation by Respondents Jolley Realty LLC and Gerald Dewayne Jolley: 1. Title 59, Okla. Stat., § 858-312(2), in that, Respondents Jolley Realty LLC and Gerald Dewayne Jolley advertised and held themselves out as being the top producer without citing their sources within the advertisement. Consent: Each Respondent assents to paying an administrative fine of Seven Hundred Fifty Dollars ($750.00), totaling One Thousand Five Hundred Dollars ($1,500.00).



C-2018-137: First Realty Better Homes & Gardens Inc. (081428) and James Cully Stevens (157131) – McAlester (Hammonds)

Possible violation by Respondents First Realty Better Homes & Gardens Inc. and James Cully Stevens: 1. Title 59, Okla. Stat., § 858-312(9) and Okla. Admin. Code § 605:10-17-2(b), in that, Respondents failed upon demand in writing, to file an adequate written response to a complaint within fifteen (15) days of the notice. Consent: Respondent Stevens assents to paying an administrative fine of One Thousand Dollars ($1,000.00).




of 12

C-2018-138: Steven Allen Douglas (138403) – Bixby (Hammonds) Possible violation by Respondent Steven Allen Douglas: 1. Title 59, Okla. Stat., §§ 858-102 and 858-401(1) in that, it shall be unlawful for any person to act as a real estate licensee or to hold himself or herself as such, unless the person shall have been licensed to do so under the Code. Respondent Douglas’ license was on inactive status. Consent: Respondent Douglas assents to paying an administrative fine of Two Thousand Dollars ($2,000.00).



UC-2018-003: Briko LLC (161252) (Lake Dallas), Joseph Allan Peterson (161146) and Briko LLC (BO) (Unlicensed) -Tulsa (Hammonds) Possible violation by Respondents Briko LLC and Respondent Joseph Allan Peterson: 1. Title 59, Okla. Stat., §§ 858-312(8)-(9) and Okla. Admin. Code § 605: 10-7-7(A), by failing to license each additional office location as a branch office, as they advertised or held themselves out as engaged in licensable activities via office building signage and/or building advertisement before acquiring the necessary branch office license. Consent: Respondent Peterson assents to paying an administrative fine of Seven Hundred Fifty Dollars ($750.00) and Respondent Briko LLC (Unlicensed) assents to paying an administrative fine of Seven Hundred Fifty Dollars ($750.00), totaling One Thousand Five Hundred Dollars (1,500.00).



C-2019-019: EXP Realty LLC (159206), Steven Thomas Ligon(BM) (156537), EXP Realty LLC (BO) (176469) and Robert Trent Rhodes(BB) (141408) – Oklahoma City (Hammonds) Possible violations by Respondents EXP Realty LLC and Steven Thomas Ligon: 1. Title 59, Okla. Stat., §§ 858-312(8)-(9) and Okla. Admin. Code § 605:10-17-4(6), in that, they failed to ensure the advertising activities of Robert Trent Rhodes were in compliance with the Code and Rules.


of 12

Possible violations by Respondents EXP Realty LLC (BO) and Robert Trent Rhodes: 2. Title 59, Okla. Stat., § 858-312(9) and Okla. Admin. Code § 605:10-9-4(b) (3), in that, they failed to ensure the brokers reference was prominent, conspicuous and easily identifiable on his car wrap advertisement. Consent: Each Respondent assents to paying an administrative fine of Seven Hundred Fifty Dollars ($750.00), totaling Three Thousand Dollars ($3,000.00).



C-2019-039: ABWS Tulsa Inc., Susan J Beach (125701) and Jeffery M. Heckenkemper (065663) – Tulsa (Hammonds) Possible violations by Respondent Susan J Beach: 1. Title 59, Okla. Stat., §§ 858-312(8)-(9) and Okla. Admin. Code § 605:10-17-4(6), in that, she failed to properly supervise the real estate activities of Respondent Heckenkemper. Possible violations by Respondent Jeffrey Michael Heckenkemper: 2. Title 59, Okla. Stat., § 858-312(9) and Okla. Admin. Code § 605:10-17-4(8), in that, he failed to provide a net to seller form with each offer submitted. Consent: Respondent Beach assents to paying an administrative fine of Seven Hundred Fifty Dollars ($750.00) and Respondent Heckenkemper assents to paying an administrative fine of One Thousand Dollars ($1,000.00), totaling One Thousand Seven Hundred Fifty Dollars ($1,750.00).




of 12

U-2019-003 (Unlicensed): Jennifer Suzanne McCowan (181436) – Jenks (Hammonds) Possible violation by Respondent Jennifer Suzanne McCowan: 1. Title 59, Okla. Stat., § 858-301, in that, Respondent Jennifer Suzanne McCowan may have acted as a real estate licensee, or held herself out as such, without being properly licensed as she advertised or held herself out as engaged in such activities in exchange for a fee, commission or other valuable consideration, or with the intention or expectation of receiving or collecting a fee, commission or other valuable consideration. Consent: Respondent assents to paying an administrative fine of Seven Hundred Fifty Dollars ($750.00).



~END OF FORMAL ACTIONS~

CASE EXAMINER REPORT UC-2019-005: Guthrie Real Estate, LLC (156991), James Long Homes, LLC (179726), James

Addison Long (157300) and Brenda Welch (Unlicensed) – Guthrie (Day)

Possible violations by Respondents James Long Homes and James Addison Long: 1. Title 59, Oklahoma Statutes, Section 858-312(8, 9) and Rule 605:10-17-4(19), in that, Respondents James Long Homes LLC and James Addison Long allowed Respondent Welch to perform licensable property management activities while unlicensed. 2. Title 59, Oklahoma Statutes, Section 858-312(8) and Rule 605:10-17-4(21), in that, Respondents James Long Homes LLC and James Addison Long failed to ensure Respondent Welch had an active real estate license prior to handling several real estate transactions.


of 12

Possible violation by Respondent Brenda Welch: 3. Title 59, Oklahoma Statutes, Section 858-201, 858-301 and 858-401 in that, Respondent Welch may have engaged in licensable real estate activities prior to obtaining the required real estate license within the State of Oklahoma, and may have received a commission or other valuable consideration from those transactions. Recommendation: Set for Formal Hearing C-2018-130: E 1 Realty Inc. (157516) and Steven Lamon Sizemore (120431) – Edmond (Day) Possible violation by Respondents E 1 Realty Inc. and Steven Lamon Sizemore: 1. Title 59, Oklahoma Statutes, Section 858-312(8) and Rule, 605:10-17-4 (6) in that, Respondent E 1 Realty Inc. and Respondent Steven Lamon Sizemore failed to properly supervise the advertising activities of Respondent Terry Lee Hassell. Recommendation: Set for Formal Hearing

INVESTIGATIVE REPORT C-2019-095: Max Value Real Estate LLC and Michael Kent Glazner – Oklahoma City (Hall) There was no indication of any violation of the Oklahoma Real Estate License Code and Rules by the Commission by Respondents. Recommendation: Close Case C-2019-109: Myles Ann Mitch & Assoc RE LLC, Mitchell Alan Woolard and Myles Ann Woolard – El Reno (Hall) There was no indication of any violation of the Oklahoma Real Estate License Code and Rules by the Commission by Respondents. Recommendation: Close Case C-2019-014 Shelton Doyal Whitehead – McAlester (Baker) There was no indication of any violation of the Oklahoma Real Estate License Code and Rules by the Commission by Respondents. Recommendation: Close Case with letter of caution for pleading guilty to misdemeanor of driving a motor vehicle under the influence of alcohol.


of 12

C-2019-016 Vickie Lynn Lyles – McAlester (Baker) There was no indication of any violation of the Oklahoma Real Estate License Code and Rules by the Commission by Respondents. Recommendation: Close Case with letter of caution for nolo plea to public intoxication. C-2019-056 Brandon Leslie Sellers – Moore (Baker) There was no indication of any violation of the Oklahoma Real Estate License Code and Rules by the Commission by Respondents. Recommendation: Close Case C-2019-090 Gottlich LLC, Sierra Ann Snowden and Joy Dawn Baresel – Oklahoma City (Baker) There was no indication of any violation of the Oklahoma Real Estate License Code and Rules by the Commission by Respondents. Recommendation: Close Case with letter of caution regarding updated requirements pursuant to 59 O.S. § 858-312(12), which allows for using prizes, money, gifts or other valuable consideration for marketing purposes, provided they are not contingent or limited to individuals making an offer or purchasing a specific property. C-2018-139 CIMIC LLC, Carri Denise Ray and Eric Frank Wilson – Tulsa (Hall) There was no indication of any violation of the Oklahoma Real Estate License Code and Rules by the Commission by Respondents. Recommendation: Close Case C-2019-063 Mike Jones Real Estate Co and Christopher Michael Jones – Oklahoma City (Hall) There was no indication of any violation of the Oklahoma Real Estate License Code and Rules by the Commission by Respondents. Recommendation: Close Case C-2019-119 Terry Lee Caldwell and Janet Elizabeth Smith – Hugo (Hall) There was no indication of any violation of the Oklahoma Real Estate License Code and Rules by the Commission by Respondents. Recommendation: Close Case


of 12

C-2019-133 Kalidy Realty LLC, Paula Peeler, and Meredith Ford – Midwest City (Hall) There was no indication of any violation of the Oklahoma Real Estate License Code and Rules by the Commission by Respondents. Recommendation: Close Case

GENERAL BUSINESS

1. Proposed Executive Session

a. Discussion and possible vote to enter proposed executive session, and Confidential communications between a public body and its attorney concerning a pending investigation, claim, or action if the public body (update on OREC 2019 State Audit and Merit Protection Commission Petition #20035), with the advice of its attorney, determines that disclosure will seriously impair the ability of the public body to process the claim or conduct a pending investigation, litigation, or proceeding in the public interest; as authorized by 25 O.S. § 307(B)(4) – Mr. Glen Hammonds

1. Vote to enter into Executive Session 2. Discussion in Executive Session 3. Vote to return to Open Session 4. Commission to vote/take appropriate action on the topics of the Executive Session

2. Proposed Permanent Administrative Rules - review, discussion and possible action.

EDUCATION & LICENSING

1. Report and update from the Education and Licensing Department, including Licensing Numbers

2. Update on new licensing system

FINANCIAL & FISCAL

1. Monthly Financial Report –December 2019

NEW BUSINESS

Any new business not known about or reasonably foreseen prior to the time of posting of this agenda


of 12

UPCOMING MEETING DATES (Subject to Change)

February 12th

March 11th

April 8th

May 13th

ADJOURNMENT

The Chair will call the meeting adjourned upon conclusion of all Commission business

OKLAHOMA REAL ESTATE COMMISSION 1-08-2020.pdf · Oklahoma Real Estate Commission Agenda – January...

Documents

Transcript of OKLAHOMA REAL ESTATE COMMISSION 1-08-2020.pdf · Oklahoma Real Estate Commission Agenda – January...