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All of the members of the Real Estate Commission were present. Notice of Meeting Adopt Agenda Director Tyrrell presented a public notice and proofs of publication thereof relating to this meeting, all of which are attached to and made a part of these minutes. Chairperson Gale reported that all Commissioners had been notified of the meeting simultaneously, in writing, and that a proposed tentative agenda accompanied the notification. Chairperson Gale pointed out to those in attendance that a public copy of the materials being used during the meeting and a copy of the Open Meetings Act were available to the public on the counsel table in the meeting room, and that the procedures followed were in accordance with the Open Meetings Act.

A motion was made by Grady and seconded by Poskochil to approve the expenditures for the Instructor Development Workshop and to provide the Workshop free of charge. Chairperson Gale indicated that the expenses Toi being paid for Ms. He wondered if the same would be appropriate for Dr. Commissioner Poskochil asked how husy the Georgia Real Estate Commission had used the simulation examinations.

Deputy Director Hoffman indicated that she believed that Georgia had used simulations for two or three Omaua, first for continuing education then for licensing. Deputy Director Hoffman also explained to the Commission that sample simulation examinations were on the AMP website at www. She Nebraaska the Commissioners to refer interested Nebrasa to this site or to her.

Pending Sworn Complaints and Investigative Matters Director Tyrrell presented a summary report of the pending complaints, which included a list of es presently under disciplinary action or on appeal. No action was necessary on this report. The following sworn complaints and investigative matters were presented to the Commission: Item A Complaint - James E. Bachman vs. Randall Ray Bailey and Renae Diane Cohn Deputy Director Mayrose presented the alleged violations and investigative report to the Relationshis and, when necessary, answered questions on this matter.

After being advised of the of the investigation and discussion, a motion was relatuonships by Griess and seconded by Leisey that the complaint be dismissed without prejudice. Item B Complaint Steven A. Dougherty vs. Timothy J. Hearty and Abby Marie Lauritsen 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 of the investigation and discussion, a motion was made by Leisey and seconded by Poskochil that the complaint be dismissed without prejudice.

Item C Complaint 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 of the investigation and discussion, a motion was made by Griess and seconded by Bohrer that the complaint be set for hearing on Neb. Item D Complaint 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 of the investigation and discussion, a motion was made by Shepard and seconded by Leisey that the complaint be dismissed without prejudice and a letter of admonishment be sent to the Respondent. A motion was made by Shepard and seconded by Poskochil that the complaint be set for hearing as presented. Item E Complaint Deputy Director Mayrose presented the alleged violations and investigative cco to the Commission ffor, when necessary, answered questions on this matter.

After being advised of the of the investigation and discussion, a motion Omqha made by Shepard and seconded by Grady that the complaint be set for hearing as presented. Motion Negraska with Grady, Griess, Leisey, Poskochil, Shepard and Gale voting aye, with Bohrer not participating or voting, being absent and excused. Item F Complaint - Kenneth R.

Wright and Diane L. Wright vs. Mary C. Searcy Prior to discussion of this matter, Relationshipss Griess recused herself, thereby nullifying any potential conflict of interest. Deputy Director Mayrose presented the alleged violations and investigative report to the Commission and, when necessary, answered questions on this matter. After being advised of the of the investigation and discussion, a motion was made by Leisey and seconded by Shepard that the complaint be dismissed without prejudice.

Motion carried with Grady, Leisey, Poskochil, Shepard and Gale voting aye, with Griess not participating or voting, having recused herself, thereby nullifying any potential conflict of interest, and with Bohrer not participating or voting, being absent and excused. Item G Complaint Deputy Director Mayrose presented the alleged violations and investigative report to the Commission and, when necessary, answered questions relationsbips this matter.

After being advised of the of the investigation and discussion, a motion was made by Poskochil and seconded by Griess that the complaint be set for hearing as presented. After further discussion, motion carried with Grady, Griess, Leisey, Poskochil, Shepard and Gale voting aye, with Bohrer not participating or voting, being absent and excused. Item H Complaint Deputy Director Mayrose presented the alleged violations and investigative Too busy for relationships Omaha Nebraska co to the Commission and, when necessary, answered Nebraskw on this matter.

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After being advised of the of the investigation and discussion, a motion was made by Grady and seconded by Poskochil that the complaint be set for foor as presented. Duane Floyd Murdoch 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 of the investigation and discussion, a motion was made by Griess and seconded by Poskochil that the complaint be dismissed without prejudice.

Item J Investigative Report Deputy Director Mayrose presented an investigative report to the Commission and, when necessary, answered questions on this matter. Item K Investigative Report Deputy Director Mayrose presented an investigative report to the Commission and, when necessary, answered questions on this matter. After discussion, a motion was made by Grady and seconded by Ck that complaints be filed against both es on the Commission's own motion for violating Cp. Gunnar E.

A copy of said Order is attached to and made a part of these minutes. Deputy Director Mayrose reviewed the circumstances involved and noted the provisions of the Order, which had been ed by Relationshjps. The Order specified a thirty-day suspension to commence on April 2,bjsy by six 6 months of probation plus nine hours of additional continuing education with three hours being in the area of law, three hours in the area of contracts and three gusy in the area of ethics to be completed within one hundred and eighty days of the date of the Order.

Commissioner Grady indicated that the additional continuing education courses required should be taken in the classroom, since the punishment had been taken lightly. Chairperson Gale indicated that it appeared that Mr. Brown went onto the computer for the coursework the first time. Deputy Director Hoffman indicated that Mr.

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Brown actually completed paper and pencil correspondence courses. Commissioner Grady indicated that if Mr. Brown had to take courses in the classroom, the courses would have to be scheduled at least a couple of days prior to the course being offered. Deputy Director Hoffman indicated that there may not be any in-classroom courses being offered during the time frame allowed in this Order. Commissioner Grady indicated that if the Order read two hundred and seventy days that should allow enough time for Mr.

Brown to complete the additional continuing education. After discussion, a motion was made by Grady and seconded by Poskochil to amend the Order to require Mr. Brown to attend continuing education courses in a classroom environment. After further discussion, a friendly amendment was suggested to give Mr. Brown two hundred and seventy days to complete the education courses. The friendly amendment was accepted by the mover.

The second did not accept the friendly amendment. Motion carried to require the courses be completed in a classroom environment with Grady, Griess, Leisey, Shepard and Gale voting aye, with Poskochil voting nay, and with Bohrer not participating or voting, being absent and excused. Jack Raymond Nitz and Jay D.

Nitz and Complaint Commission vs.

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Nitz; Complaint Commission vs. March 29, p. Respondent Lisa Lee Hansel was present without Counsel. Counsel Stenberg withdrew his offer of one of the exhibits, the other ten were received by Chairperson Gale. At p. Hansel offered one exhibit which was received by Chairperson Gale. Hansel called herself as a witness. After closing arguments had been presented, Chairperson Gale declared the hearing concluded and gathered the original exhibits.

Prior to any motion the following occurred: Commissioner Leisey indicated that Ms. Hansel had been trying to get into the classroom to complete the three-hour requirement but could not find a provider who offered the course other than through correspondence. Commissioner Leisey felt that contacting the providers thirty-five days in advance of the deadline showed that she had been trying to meet the requirement. Commissioner Leisey also felt that Ms. Commissioner Leisey also indicated that he would have a problem revoking Ms.

Hansel' s for trying to attend classroom education, although she had shown some neglect in trying to complete the education. He felt thirty-five days should have been a reasonable time frame. Commissioner Leisey also explained that a revoked in Nebraska could affect any other she tried to obtain. Commissioner Poskochil indicated that if a was issued to him from another state, he would not wait to complete the education requirement.

Commissioner Poskochil also indicated that the Commission had given Ms. Hansel at least five notifications and if she had been too busy to follow the clear requirements of the law, what would she do to the public. Chairperson Gale recited the statute referring to this requirement. At the conclusion of his reading, he indicated that the statute did allow the Commission to decide if just cause had been shown. Chairperson Gale felt that Ms. Hansel had proven to be a responsible person, wife, mother, full-time student, but did not know how much impact revoking her would have on her income or life.

Chairperson Gale indicated that having a revoked in Nebraska could affect her Iowa and South Dakota s, creating unintended consequences. Even though being busy was not an overly compelling reason for not following the law, the revocation of her could cause a problem selling real estate in her area. However, the Commission did have some discretion. Commissioner Griess Too busy for relationships Omaha Nebraska co that the reason behind the law should not be overlooked.

Commissioner Griess felt that a e should know the laws if they intend to practice real estate in Nebraska. Commissioner Griess also felt that the course should be taken prior to getting a real estate and made reference to reading an operator manual before you use the equipment. Commissioner Griess indicated that if Ms. Hansel had not been too busy she might have had time to fulfill the requirement. She felt the law should be taken seriously. Chairperson Gale indicated that the law stated that the Director had to put Ms.

Hansel's real estate on inactive status. Therefore, Ms. Hansel was not practicing real estate. He then asked Director Tyrrell if the Commission were to find reasonable cause to revoke Ms. Director Tyrrell indicated that if the Commission determined that Ms. Hansel had shown cause why her should not be revoked, as part of the motion, the could be activated after a certain event occurred.

Or, if the determination was that Ms. Hansel had not shown cause why her should not be revoked, then the would be revoked. Commissioner Shepard indicated that the Commission might set a terrible precedent if it was determined that Ms. Hansel had shown cause by being too busy to complete the requirement. Commissioner Shepard felt Ms. Hansel had her priorities out of order.

Commissioner Leisey felt the cause shown, referred to her preferring to take the education requirement in the classroom rather than the cause of being too busy. Commissioner Leisey also indicated that Ms. Hansel had contacted the education providers over one month in advance and no classroom courses were available and all that was needed was a week or two extension in order to complete the course in the classroom.

Commissioner Poskochil indicated that she could have contacted the education providers in December instead of January. Commissioner Bohrer did not feel that Ms. Hansel had met the burden of showing cause. However, he did not want to revoke her and suggested that a more creative punishment would be to keep her on inactive status and allow her to activate her within a certain time frame.

Commissioner Griess indicated that the problem with the law was that it indicated that the should be revoked. Commissioner Leisey indicated that if the was revoked then Ms. Hansel would have to report that to other states. Commissioner Bohrer indicated that there was a breakdown in the process and the Commission staff had made the correct decision. They did not have the right to grant an extension to Ms. Hansel deserved to have a nor did she earn it.

Chairperson Gale indicated that being too busy was not a highly valued response. He felt that Ms. Hansel was trying to do too much. He felt that the revocation of her might have unintended consequences and that, although some cases called out for compassion, others did not. A motion was made by Leisey and seconded by Bohrer to not revoke the of Ms. Hansel' s but to have the remain on inactive status and complete the required course in thirty days and if not completed in thirty days then the would be revoked.

Commissioner Grady asked Director Tyrrell if Ms. Hansel did not complete the class, how much of a trail would be left and what would be the alternatives. Director Tyrrell indicated that the pending motion indicated that the would remain on inactive status and Ms. Hansel would have thirty days to complete the education, however, if after thirty days Ms.

Hansel had not completed the course, she would have violated the Order of the Commission and then a complaint would have to be filed and the Commission would have to go through due process in order to revoke the. Commissioner Grady asked if the pending motion was defeated, what the other action could be taken in this matter. Director Tyrrell indicated that would be for the Commissioners to decide.

Director Tyrrell requested time to clarify his answer to Commissioner Grady. Since the motion included revocation, if the course was not completed, then the would be revoked without an additional hearing. Commissioner Shepard asked if a comment could be made about something he found out about Ms. Hansel that was not in the testimony.

Chairperson Gale indicated that only testimony could be considered today. Commissioner Poskochil indicated that since the hearing was to show cause, there should be a motion that she had shown cause first and then decide penalty. Commissioner Bohrer indicated that he still agreed with the pending motion, however, a separate motion could be made or an amendment could be made to the pending motion.

A friendly amendment was made by Commissioner Leisey, the mover, to indicate that Ms. Hansel had shown cause to not have her revoked. The friendly amendment was accepted by the second, Commissioner Bohrer. Commissioner Grady indicated that according to the pending motion Ms.

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Hansel had two alternatives either complete the education or her would be revoked. A friendly amendment was made by Commissioner Leisey, the mover, to include in the motion that Ms. Hansel's thirty days would start on March Commissioner Grady asked if the course could be taken by correspondence. Commissioner Leisey indicated that it could be completed within thirty days either by correspondence or by attending the class.

Commissioner Poskochil asked what the consequences were for having a revocation of a. Director Tyrrell indicated that a revocation was virtually forever. An individual could reapply for aalthough the Director had denied those applications in the past. With this type of revocation, which is not similar to a trust violation or another serious violation, the Commission Staff would consider this revocation different and would likely bring any of these types of ly revoked applicants back to the Commission rather than denying the application.

Commissioner Poskochil indicated that if the was revoked in this case, the e could reapply and supply proof that the education course had been taken prior to getting d. After reviewing the statute, Director Tyrrell indicated that an applicant could take the required education course either before or after getting d as long as they submitted proof in accordance with the statute.

Commissioner Leisey indicated that if an individual applied for a anywhere, one of the questions asked was if they had a revoked or suspended. Commissioner Leisey felt there was no compassion for having a revoked. Commissioner Poskochil indicated that he felt Ms. Hansel had not shown cause other than being too busy to complete the required course and it appeared there was no provision for submitting the education late.

Commissioner Leisey noted that the cause Ms.

Hansel had shown was that she had attempted to get the course, not that she was too busy. Commissioner Poskochil asked for clarification from Director Tyrrell if a e can be disciplined when their was on inactive status. Director Tyrrell indicated that disciplinary action could be taken against an inactive. Commissioner Poskochil felt it was unfair to give a thirty-day extension, unless additional continuing education was added on as a penalty.

Otherwise, there would be no penalty for not complying. He also felt that by enforcing this law as written, it could harm the e for life. Chairperson Gale indicated that prior to additional comments, a motion should be made. A motion was made by Bohrer and seconded by Leisey that Ms. Hansel had shown cause for not having her revoked. Commissioner Griess indicated that the motion made was the same as the motion. Commissioner Poskochil indicated that without a penalty he would not vote for the motion.

Chairperson Gale Nebradka that the motion could fail without the penalty included. Commissioner Grady indicated that if the motion passed, the would not have a direction and the Commission would need to decide which direction the should relatiobships. Director Tyrrell indicated that in his opinion, if the motion only stated that the e had shown cause not to have the revoked then Ms. Hansel would be able to activate it.

Commissioner Grady asked if an attorney could review the law before a decision was made.

Too busy for relationships Omaha Nebraska co

Chairperson Fro indicated that perhaps a decision could be made at a subsequent meeting. Director Tyrrell noted that in the past, Too busy for relationships Omaha Nebraska co delayed decision required transcripts to be obtained so the Commissioners had everything fresh again in their minds and only made the decision based on the testimony set forth in the transcript rather than anything obtained outside of the hearing. Chairperson Gale suggested that the vote not be postponed but rather the vote on an issue be taken today.

Commissioners Bohrer and Leisey withdrew their pending motion. A motion was made by Leisey and seconded by Bohrer that Ms. Hansel had shown cause not to have her revoked; the remain on inactive status; and she complete the required course within thirty days and an additional three-hour continuing education course as determined bjsy staff within ninety days, otherwise the would be revoked.

Commissioner Poskochil asked when the thirty and ninety days would start. Commissioner Leisey indicated that March 29 would be the start of the thirty- and ninety-day periods. A friendly amendment was made by Commissioner Leisey, the mover, and accepted by the second, Commissioner Bohrer, to add to the pending motion that the start of the thirty- and ninety-day periods would be March 29, and that the would remain on inactive status until Ms.

Hansel completed the first education course, and her would be revoked if either of the required education courses were not completed by the applicable deadline. Chairperson Gale indicated that the motion was following a narrow line that only one of the education courses needed to be completed. Director Tyrrell requested that the motion include that upon completion of the education the may be activated.

Commissioner Leisey, the mover, offered a friendly amendment which indicated that Ms. Hansel could not activate her until both education requirements were completed. Director Tyrrell reviewed the pending motion including the fo friendly amendments which motion set forth that Ms. Hansel had shown cause not to have her revoked.

The should remain on A inactive status until she completed the Nebraska-approved, three-hour course as required, and an additional three-hour course as determined by Staff. She would have thirty days from March 29,to complete the required course. If it was not completed within thirty days of March 29,her relationhsips be revoked. She would have ninety days from March 29,to complete a three-hour course as determined by Staff.

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If it was not completed within ninety days of March 29,her would be revoked. After completing both courses, her could be transferred to A active status. Chairperson Gale announced that all exhibits related to this hearing would be retained in the Commission office.

Too busy for relationships Omaha Nebraska co

The Hearing was adjourned at a. Director Tyrrell requested sometime to discuss the origination of the statutory provision that had just been adjudicated in the Show Cause Hearing. He reviewed the Commission' s consideration of the provision when it was proposed. He pointed out that there had been almost no time for consideration. It was just a matter of a few days until the Legislative Hearing. Amendments were drafted during a fifteen- or twenty-minute recess of the Commission Meeting and this resulted ultimately in a poorly drafted piece of legislation.

He requested that the Commission, when being asked to support legislation, make it clear to parties that the Commission needed time to review proposals. He encouraged the Commission to insist on being given the opportunity to study the relevant issues to assure that the legislation was doing what it was proposed to do and was written so as to be able to be administered properly.

If this were done, then situations such as that which occurred in this Show Cause Hearing should not occur. Daniel Carl Bohm A hearing was held on March 30, at a. Daniel Carl Bohm. Matukewicz of Omaha. After opening statements, Counsel Barton offered 5 exhibits, all of which were received by Chairperson Gale. At a. Counsel Matukewicz motioned for a directed verdict of dismissal. Chairperson Gale took the motion under advisement. Counsel Matukewicz offered 1 exhibit, which was received by Chairperson Gale.

After closing arguments had been presented, Chairperson Gale denied Counsel Matukewicz' s motion for a directed verdict of dismissal. He then declared the hearing concluded and gathered the original exhibits. Prior to any motion the following occurred: Chairperson Gale referred to the pre-hearing order which indicated that the decision that needed to be made was if the delivery of the counteroffer had been completed in a timely manner.

Commissioner Leisey indicated that Mr. Bohm had been fired the night he received the counteroffer. He also believed that many, or most, counteroffers were verbally communicated. Commissioner Leisey also indicated that Mr. Bohm's telephone call had been made in a timely manner. He also indicated that it was a logical request by the Keens to see the counteroffer.

Chairperson Gale wanted to know if it was unreasonable for a buyer to want a copy of the counteroffer before meeting with the e. Commissioner Leisey indicated that it would be unusual for a e to drop off the counteroffer without going through it with the potential buyers at that time. Chairperson Gale asked if the obligation of a e changed since the buyers were in separate locations. Bohm notified the Keens that he would have problems getting together with them on the following day.

Commissioner Leisey felt that Mr. Bohm had provided the facts to Mr. Keen over the telephone. He also felt that Mr. Commissioner Poskochil indicated that when Mr. Bohm was terminated by the Keens that it was within an hour or two of receiving the counteroffer. He also indicated that a e would not normally be fired in the middle of a transaction. Commissioner Poskochil also felt that he probably would not have delivered the counteroffer either if he had had the same conversation that Mr.

Bohm had had with Mr. Too busy for relationships Omaha Nebraska co Leisey indicated that if he had been fired, he probably would not have delivered the counteroffer either. Commissioner Griess felt Mr. Bohm did not have an obligation to deliver the counteroffer after he had been fired. Commissioner Poskochil indicated that Mr. Bohm had made arrangements for the Keen' s to pick up their documents the next day since the documents were in different locations.

Commissioner Griess indicated that the Keens wanted to see the counteroffer in writing and Mr. Bohm had offered to get together with them. Commissioner Griess also indicated that the issue seemed to be that the buyer did not have a copy of the written counteroffer. Commissioner Griess felt that since Mr. Chairperson Gale indicated that it appeared that Mr. Brown went onto the computer for the coursework the first time.

Deputy Director Hoffman indicated that Mr. Brown actually completed paper and pencil correspondence courses. Commissioner Grady indicated that if Mr. Brown had to take courses in the classroom, the courses would have to be scheduled at least a couple of days prior to the course being offered. Deputy Director Hoffman indicated that there may not be any in-classroom courses being offered during the time frame allowed in this Order.

Commissioner Grady indicated that if the Order read two hundred and seventy days that should allow enough time for Mr. Brown to complete the additional continuing education. After discussion, a motion was made by Grady and seconded by Poskochil to amend the Order to require Mr.

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Brown to attend continuing education courses in a classroom environment. After further discussion, a friendly amendment was suggested to give Mr. Brown two hundred and seventy days to complete the education courses. The friendly amendment was accepted by the mover. The second did not accept the friendly amendment. Motion carried to require the courses be completed in a classroom environment with Grady, Griess, Leisey, Shepard and Gale voting aye, with Poskochil voting nay, and with Bohrer not participating or voting, being absent and excused.

Jack Raymond Nitz and Jay D. Nitz and Complaint Commission vs. Nitz; Complaint Commission vs. March 29, p.

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Respondent Lisa Lee Hansel was present without Tooo. Counsel Stenberg withdrew his offer of one of the exhibits, the other ten were received by Chairperson Gale. At p. Hansel offered one exhibit which was received by Chairperson Gale. Hansel called herself as a witness. After closing arguments had been presented, Chairperson Gale relatiohships the hearing concluded and gathered the original exhibits. Prior to any motion the following occurred: Commissioner Leisey indicated that Ms.

Hansel had been trying to get into the classroom to complete the three-hour requirement but could not find a provider who offered the course other than through correspondence. Nenraska Leisey felt that contacting the providers thirty-five days in advance of the deadline showed that she had been trying to meet the requirement. Commissioner Leisey also felt that Ms. Commissioner Leisey Omaua indicated that he would have a problem revoking Ms. Hansel' s for trying to attend classroom education, although she had shown some neglect in trying to complete the education.

He felt thirty-five days should have been a reasonable time frame.

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Commissioner Leisey also explained that a revoked in Nebraska could affect any other she tried to obtain. Commissioner Poskochil indicated that if a was issued to him from another state, he would not wait to complete the education requirement. Commissioner Poskochil also indicated that the Commission relatkonships given Ms. Hansel at least five notifications and if she had been too busy to follow the clear requirements of busu law, what would she do to the public.

Chairperson Gale recited the statute referring to this requirement. At the conclusion of his Tol, he indicated that the statute did allow the Commission to decide if just cause had been shown. Chairperson Gale felt that Ms. Hansel had proven to be a responsible person, wife, mother, full-time student, but did not know how much bksy revoking her would have on her income or life.

Chairperson Gale indicated that having a revoked in Nebraska could affect her Iowa and South Dakota s, creating unintended consequences. Even though being busy was not an overly compelling reason for not following the law, the revocation of her could cause a problem selling real estate in her area. However, the Commission did have some discretion. Commissioner Griess indicated that rrlationships reason behind the law should not be overlooked. Commissioner Griess felt that a e should know the laws if they intend to practice real estate in Nebraska.

Commissioner Griess also felt that the course should be taken prior to getting a real estate and made reference to reading an operator manual before you use the equipment. Commissioner Griess indicated that if Ms. Hansel had not been too busy she might have had time to fulfill the requirement. She felt the law should be taken seriously. Chairperson Gale indicated that the law stated that the Director had to put Ms. Hansel's real estate on inactive status. Therefore, Ms.

Hansel was not practicing real estate. He then asked Director Tyrrell if the Commission were to find reasonable cause to revoke Ms. Director Tyrrell indicated that if the Commission determined that Ms. Hansel had shown cause why her should not be revoked, relatipnships part of the motion, the could be activated after a certain event occurred. Or, if the determination was that Ms. Hansel had not shown cause why forr should not be revoked, then the would be revoked.

Commissioner Shepard indicated OOmaha the Commission might set a terrible precedent if it was determined that Ms. Hansel fog shown cause by being too busy to complete the requirement. Commissioner Shepard felt Ms. Hansel had her priorities out of order. Commissioner Leisey felt the cause shown, referred to her preferring to take the education requirement in the classroom rather than the cause of being too busy.

Commissioner Leisey also indicated that Ms. Hansel had contacted the education providers over one month in advance and fo classroom courses were available and all that was Too busy for relationships Omaha Nebraska co was a week or two extension in order to complete the course in the classroom. Commissioner Poskochil indicated that she could have contacted the education providers in December instead of January. Commissioner Bohrer did not feel that Ms.

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Hansel had met the burden of showing cause. However, he did not want to revoke her and suggested that bust more creative punishment would be to keep her on inactive status and allow her to activate her within a certain time frame. Commissioner Griess indicated that the problem with the law was that it indicated that the should be revoked.

Commissioner Leisey indicated that if the was revoked then Ms. Hansel would have to report that to other states. Commissioner Bohrer indicated that there was a breakdown in the process and the Commission staff had made the correct decision. They did not have the right to grant an extension to Ms. Hansel deserved to have a nor did she earn it. Chairperson Gale indicated that being too re,ationships was not a highly valued response.

He felt that Ms. Hansel was trying to do too much. He felt that the revocation of her might have unintended consequences and that, although some cases called out for compassion, others did not. A motion was made by Leisey and seconded by Bohrer to not revoke the of Ms. Hansel' s but to have the remain on inactive status and complete the required course in thirty days and if not completed in thirty days then the would be revoked.

Commissioner Grady asked Director Tyrrell if Ms.

Hansel did not complete the class, how much of a trail would be left and what would be the alternatives. Director Tyrrell indicated that the pending motion indicated that the would remain on inactive status and Ms. Hansel would have thirty days to complete the education, however, if after thirty days Ms. Hansel had not completed the course, she would have violated the Order of the Commission and then a complaint would have to be filed and the Commission would have to go through due process in order to revoke the.

Commissioner Grady asked relatiinships the pending motion was defeated, what the other action could be taken in this matter. Director Tyrrell indicated that would be for the Commissioners to decide. Director Tyrrell requested time to clarify his answer to Commissioner Grady. Relaitonships the motion included revocation, if the course was not completed, then the would be revoked without an additional hearing.

Commissioner Shepard asked if a comment could be made about something he found out about Ms. Hansel that was Too busy for relationships Omaha Nebraska co in the testimony. Chairperson Gale indicated that only testimony could be considered today. Commissioner Poskochil indicated that since the hearing was to show cause, there should be a motion that she had shown cause first and then decide penalty.

Commissioner Bohrer indicated that he still agreed with the pending motion, however, a separate motion could be made or an amendment could be made to the pending motion. A friendly amendment was made by Commissioner Leisey, the mover, to indicate that Ms. Hansel Nberaska shown cause to not have her revoked. The friendly amendment was accepted by the second, Commissioner Bohrer. Commissioner Grady indicated that according to the pending motion Ms. Hansel had two alternatives either complete the education or her would be revoked.

A friendly amendment was made by Commissioner Leisey, the mover, to include in the motion that Ms. Hansel's thirty days would start on March Commissioner Grady asked if the course could be taken by correspondence. Commissioner Leisey indicated relatioonships it could be completed within thirty days either by correspondence or by attending the class.

Commissioner Poskochil asked what the consequences were for having Nebraaka revocation of a. Director Tyrrell indicated that a revocation was virtually forever. An individual could reapply for aalthough the Director had denied those applications in the past. With this type of revocation, which is not similar to a trust violation or another serious violation, the Commission Staff would consider this revocation different and would likely bring any of these types of ly revoked applicants back to the Commission rather than denying the application.

Commissioner Poskochil indicated that if the was revoked in this case, Nsbraska e could reapply and supply proof that the education course Nebraskz been taken prior to getting d. After reviewing the statute, Relationshils Tyrrell indicated that an applicant could take the required education course either before or after getting d as long as they submitted proof in accordance with the statute.

Commissioner Leisey indicated that if an individual applied for a anywhere, one of the questions asked was if they Omahs a revoked or suspended. Commissioner Leisey felt relationzhips was no compassion for having a revoked. Neebraska Poskochil indicated that he felt Ms. Hansel had not shown cause other than being too busy to complete the required course and it appeared there was no provision for submitting the education late.

Commissioner Leisey noted that the cause Ms. Hansel had shown was that she had attempted to get the course, not that she was too busy. Commissioner Poskochil asked for clarification from Director Tyrrell if a e can be disciplined when their was on inactive status. Director Tyrrell indicated that disciplinary action could be taken against an inactive. Commissioner Poskochil felt it was unfair to give a thirty-day extension, unless additional continuing education was added on as a penalty.

Otherwise, there would be no penalty for not complying. He also felt that by enforcing this law as written, it could harm the e for life. Chairperson Gale indicated that prior to additional comments, a motion should be made. A motion was made by Nebrska and seconded by Leisey that Ms. Hansel had shown cause for not having her revoked. Commissioner Griess indicated that the motion made was the same as the motion.

Commissioner Poskochil indicated that without a penalty he would not vote for the motion. Chairperson Gale agreed that the motion could fail gelationships the penalty Nwbraska. Commissioner Grady indicated that if the motion passed, the would not have a direction and the Commission would need to buwy which direction the should go. Director Tyrrell indicated that in his opinion, if the motion only stated that the e had shown cause not to have the revoked then Ms.

Hansel would be able to activate it. Commissioner Grady asked if an attorney could review the law before a decision was made. Chairperson Gale indicated that perhaps a decision could be made at a subsequent meeting. Director Tyrrell noted that in the past, a delayed decision required transcripts to be obtained so the Commissioners had everything fresh again in their minds and only made the decision based on the testimony set forth in the transcript rather than anything obtained outside of the hearing.

Chairperson Gale suggested oTo the vote not be postponed but rather the vote on an issue be taken today. Commissioners Bohrer and Leisey withdrew their pending motion. A motion was made by Leisey and seconded by Bohrer that Ms. Hansel had shown cause not to have her revoked; the remain on inactive status; and she complete the required course within thirty days and an additional three-hour continuing education course as determined by staff within ninety days, otherwise the would be revoked.

Commissioner Poskochil asked when the thirty and ninety days would start. Commissioner Leisey indicated that March 29 would be the start of the thirty- and ninety-day periods. A friendly amendment was made by Commissioner Leisey, the mover, and accepted by the second, Commissioner Bohrer, to add to the pending motion that the start of the thirty- and ninety-day periods would be March 29, and that the would remain on inactive status until Ms.

Hansel completed the first education course, and her would be revoked if either of the required education courses were not completed by the applicable deadline. Chairperson Gale indicated that the motion was following a narrow line that only one of ci education courses needed to be completed. Rlationships Tyrrell requested that the motion include that upon completion of the education the may be activated. Commissioner Leisey, the mover, offered a friendly amendment which indicated that Ms.

Hansel could not activate her until both education requirements were completed. Director Tyrrell reviewed the pending motion including the two friendly amendments which motion set forth that Ms. Hansel had shown cause relationsihps to have her revoked. The should remain on A inactive status until she completed the Nebraska-approved, three-hour course as required, and an additional three-hour course as determined by Staff. She would have thirty days from March 29,to complete the required course.

If it was not completed within Nebrask days of Bbusy 29,her would be revoked. She would have ninety days from Tlo 29,to complete a three-hour Nsbraska as determined by Staff. If it was not completed within ninety days of March 29,her would be revoked. After completing both courses, her could be transferred to A active status.

Chairperson Gale announced that all exhibits Nberaska to this hearing would be Omha in the Commission office. The Hearing was adjourned at a.

Too busy for relationships Omaha Nebraska co

Director Tyrrell requested sometime to discuss the origination of the statutory provision that had just been adjudicated in the Show Cause Hearing. He reviewed the Commission' s consideration of the provision when it was proposed. He pointed out that oTo had been almost no time for consideration. It was just a matter of a few days until the Legislative Hearing. Amendments were relationshipw during a fifteen- or twenty-minute recess of the Commission Meeting and this relatoinships ultimately in a poorly drafted piece Omahha legislation.

He requested that the Commission, when being asked to support legislation, make it clear to parties that the Commission needed time to review proposals. He encouraged the Commission to insist on being given the opportunity to Too busy for relationships Omaha Nebraska co the relevant issues to assure that the legislation was doing what it was proposed to do and was written so as to be able to be administered properly.

If this were done, then situations such as that which occurred in this Show Cause Hearing should not occur. Daniel Carl Bohm A hearing was held on March 30, at a. Daniel Carl Bohm. Matukewicz of Omaha. After opening statements, Counsel Barton offered 5 exhibits, all of which were received by Chairperson Gale. At a. Counsel Matukewicz motioned for a directed verdict of dismissal.

Chairperson Gale took the motion under advisement. Counsel Matukewicz offered 1 exhibit, which was received by Chairperson Gale. After closing arguments had been presented, Chairperson Gale denied Counsel Matukewicz' s motion for a directed verdict of Nebraskw. He then declared the hearing concluded and gathered the original exhibits. Prior to any motion the following occurred: Chairperson Gale referred to the pre-hearing order which indicated that the decision that needed to be made was if the delivery of the counteroffer had been completed in a timely manner.

Commissioner Leisey indicated that Mr. Bohm had been fired the night he received the counteroffer. He also believed that many, or most, counteroffers were verbally communicated. Commissioner Leisey also indicated that Mr. Bohm's telephone call had been made in a timely To. He also indicated that it was a logical request by the Keens to see the counteroffer.

Chairperson Gale wanted to know if it was unreasonable for a buyer to want a copy of the counteroffer before meeting with the e. Commissioner Leisey indicated that it would be unusual for a e to drop off the counteroffer without going through it with the potential buyers at that time. Chairperson Gale asked if the obligation of a ffor changed since the buyers were in separate locations.

Bohm notified the Keens that he would have problems getting together with them on Nebras,a following day. Commissioner Leisey felt that Mr. Bohm had provided the facts to Mr. Keen over the telephone. Fof also felt that Mr. Commissioner Poskochil indicated that when Mr.

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Bohm was terminated by the Keens that it was within an hour or two of receiving the counteroffer. He also indicated that a e would not normally be fired in the middle of a transaction. Commissioner Poskochil also felt that he probably would not have delivered the counteroffer either if he had had the same conversation that Mr. Bohm had had with Mr.

Commissioner Leisey indicated that if he had been fired, he probably would not have delivered the counteroffer either. Commissioner Griess felt Mr. Bohm did not have an obligation to deliver the counteroffer after he had been fired. Commissioner Poskochil indicated that Mr. Bohm had made arrangements for the Keen' s to pick up their documents the next day since the documents were in different locations.

Commissioner Griess indicated that the Keens wanted to see the counteroffer in writing and Mr. Bohm had offered to get relatiojships with them. Commissioner Griess also indicated that the issue seemed to be that the buyer did not Nebrasska a copy of the written counteroffer. Commissioner Griess felt that since Mr. Bohm had been terminated, he should have made arrangements for another means of delivery.

Chairperson Gale felt it was not clear when Mr. Bohm had been terminated. Commissioner Griess indicated that the letter written by Mr. Bohm stated the date and time of termination. Commissioner Poskochil indicated that the letter appeared to reflect the date and time he spoke with Ms. Bohm had been fired the evening whether Ms.

Lorman-Keen had called the next morning or not. Commissioner Griess felt that the e had a responsibility to deliver the counteroffer and if not delivered then the counteroffer was still live. Commissioner Poskochil indicated that in this type of situation a e would typically go to the broker of the firm, however, Mr. Bohm was the broker of the firm. Commissioner Grady indicated that the Keens had a right to file a complaint.

However, it was not imperative that they had the counteroffer on Friday evening. Commissioner Grady felt that negotiations got out of hand and the parties were caught up in emotions. A motion was made by Grady and seconded by Leisey that the complaint be dismissed without prejudice. Chairperson Gale indicated that the Omaja was very confusing. He could not believe the deal could go bad so quickly, especially since the buyers really wanted the house.

Chairperson Gale felt that the buyers Too busy for relationships Omaha Nebraska co not have wanted to interfere with progress and seemed eager to move ahead and get the deal done. He was confused by the testimony when Mr. Bohm said Mr. Keen did not want to get together on Friday evening, and then Ms. Lohrman-Keen was crying after speaking with Mr.

Bohm because she wanted to see the counteroffer. Therefore, it appeared that there was interest in closing the deal. He added that other than having a personality nusy with Mr. Keen, Mr. Bohm still had a duty to provide the requested information to the Keens instead of having Mr. Keen call to get the documents from Mr.

Bohm' s wife. Chairperson Gale felt that Mr. Bohm was dealing with inexperienced people, who were entitled to receive documents in a timely manner. Chairperson Gale also noted that he hoped that all of the Commissioners agreed that es have a duty to deliver documents to the clients even if there was a personality conflict.

Commissioner Leisey indicated that it was not unreasonable to communicate counteroffers verbally or unreasonable for buyers to ask for copies of a counteroffer. However, when time was short, many counteroffers were relayed over the phone. Commissioner Leisey noted that if buyers oc requested hard copies they should have been delivered. Commissioner Poskochil felt that the copies should have been delivered if Mr. Bohm had not been fired.

The hearing was adjourned at p. Newson's special appearance, a copy of a Presentence Investigation Report, a copy of Mr. Newson's special appearance. A copy relationsihps said exhibit is attached to and made a part of bbusy minutes. Newson was present. Chairperson Gale reviewed the procedure for informal special appearances.

Opportunities with latitude

Newson reviewed the exhibits with the Commissioners and indicated the Presentence Investigation Report set forth the facts as he indicated in his special appearance. Chairperson Gale asked Mr. Newson to tell the Commission the relationship he had with the people who wrote the letters of reference. Newson indicated that the letter written by U. Probation Officer James P. Rowoldt, indicated that his probation was completed and discharged on March 17,

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