opening of business meeting - ok.gov agenda.pdf · tulsa & sapulpa (kisner) on october 31,...

OKLAHOMA REAL ESTATE COMMISSION REGULAR BUSINESS MEETING

Denver N. Davison Building 1915 North Stiles Avenue – Suite 200

Oklahoma City, Oklahoma 73105-4915

JANUARY 16, 2019

AGENDA

OPENING OF BUSINESS MEETING

A. Call to Order at 9:30 am

B. Approval of Minutes from the November 14, 2018 and December 12, 2018 Regular Meeting

C. Public Participation (“Open Topic”)

D. The Commission may vote to approve, disapprove, or take other action on any item listed on this Agenda

FORMAL ACTIONS

APPLICANT APPEAL

All Upheld Denials of Applicant Appeals for licensure by the Commission are subject to the review and revision of the Oklahoma Attorney General, pursuant to Executive Order 2015-033.

A-2018-054: Sarah Elizabeth Schatz (PSA) – The Village (Kisner)

The Commission denied Ms. Schatz’s application on November 9, 2018 because of information received and gathered by the Investigation Department, which revealed that as of November 27, 2018 she has a total of $1,534.00 in outstanding fines and court costs because of her 2016 arrest in Oklahoma City for Speeding, Driving While Revoked, and Driving Under the Influence of Alcohol.

There is an Indigency Hearing scheduled for January 15, 2019 regarding her inability to pay the fines & court costs; until that time, Charge 1 (Speeding) and Charge 3 (Failure to Devote Full Time and Attention, amended from Diving Under the Influence of Alcohol) remain unresolved.

Pursuant to Title 25 O.S. §307(B)(8), an Executive Session is available to discuss appropriate action in response to the findings contained in the application report:

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 Executive Director’s decision

Oklahoma Real Estate Commission Agenda January 16, 2019 of 20

HEARING EXAMINER REPORT

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 2015-033.

C-2018-049: Jason Edward Earl Black Bear (PSA) – Oklahoma City (Rodriguez)

This case came before the Commissioners on November 14, 2018, at which time the Commissioners chose to reject the Hearing Examiner’s Report and Recommendation and elected to modify it with a recommendation of revocation.

On July 2, 2018, the Hearing Examiner found the Respondent in violation of the following:

• Title 59 O.S. §858-312, Subsections 8 and 9, and Rule 605:10-17-4(12) – Engaging in untrustworthy, improper, fraudulent, or dishonest conduct.

Original Recommendation: The Hearing Examiner recommended the lifting of the Summary Suspension entered on June 13, 2018, and the suspension of the Respondent’s Oklahoma real estate sales associate license for one (1) year, effective this date, with credit for the time during which Respondent’s license was summarily suspended.

Modified Recommendation: The Hearing Examiner modified her recommendation from suspension to the revocation of the Respondent’s Oklahoma real estate sales associate license.

Pursuant to 25 O.S. §307(B)(8), an Executive Session is available to discuss the terms of the Hearing Examiner Report 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 proposed recommendation of the

Hearing Examiner C-2016-114: McGraw Davisson Stewart LLC, Rodger P. Erker (BM), McGraw Davisson Stewart LLC (BO), Rebecca A. Zarecki (BB), and Juli J. Couch-Johnstone (SA) – Tulsa & Broken Arrow (Kisner) On October 31, 2018, The Hearing Examiner found Respondent Juli J. Couch-Johnstone in violation of the following:

1. Title 59 O.S. §858-312, Subsection 6 and Rule 605:10-13-2(1) – Failure to turn over earnest money received by her to her broker.

2. Title 59 O.S. §858-312, Subsection 16 – Commingling personal money with the money of others received and held by her.


The Hearing Examiner found no evidence to indicate a violation of the Oklahoma Real Estate License Code or the Rules of the Commission by Respondents McGraw Davisson Stewart LLC, Rodger Erker, McGraw Davisson Stewart LLC (BO), and Rebecca Zarecki.

Recommendation: The Hearing Examiner recommends the assessment of an administrative fine totaling Seven Hundred Fifty Dollars ($750.00) for each violation, for a total of $1,500.00 for Respondent Juli Couch-Johnstone.

Additionally, the Hearing Examiner recommends the dismissal of the case against the remaining Respondents (McGraw Davisson Stewart LLC, Rodger Erker, McGraw Davisson Stewart LLC (BO), and Rebecca Zarecki).



Hearing Examiner C-2016-127: Select Management Group LLC, Peter T. Galbraith, Jr. (BM), Select Management Group LLC (BO), Bradley Darren Ramey (BB), and Jane A. Molloy (SA) – Tulsa & Sapulpa (Kisner) On October 31, 2018, the Hearing Examiner found no evidence to indicate a violation of the Oklahoma Real Estate Code or the Rules of the Commission by the Respondents.

Recommendation: The Hearing Examiner recommends the dismissal of the case against Respondents Select Management Group LLC, Peter Galbraith, Jr., Select Management Group LLC (BO), Bradley Ramey, and Jane Molloy.



Hearing Examiner


C-2017-007: Day Realty Incorporated, Galen Ross Day (BM), and Diana Guadalupe Boyd (BA) – Oklahoma City (Kisner) On October 31, 2018, the Hearing Examiner found Respondents Day Realty Incorporated and Galen Day in violation of the following:

1. Title 59 O.S. §858-312, Subsections 8 & 9 and Rule 605:10-17-4(6) – Failure to supervise the activities of Respondent Diana Boyd.

Respondent Diana Boyd is in violation of the following:

2. Title 59 O.S. §858-312, Subsections 8 & 9 and Rule 605:10-17-4(6) – Allowing access to a property without the owner’s authorization.

Recommendation: The Hearing Examiner recommends the assessment of an administrative fine of One Thousand Dollars ($1,000.00) for Respondents Day Realty Incorporated and Galen Day, and the assessment of an administrative fine of One Thousand Five Hundred Dollars ($1,500.00) for Respondent Diana Boyd.



Hearing Examiner

C-2017-056: Select Management Group LLC, Peter T. Galbraith (BM), Select Management Group LLC (BO), Bradley Darren Ramey (BB), and Susan Renée Brooks (SA) – Tulsa & Sapulpa (Kisner) On October 31, 2018, the Hearing Examiner found Respondent Susan Brooks in violation of the following:

1. Title 59 O.S. §858-312, Subsection 2 and Rule 605:10-17-5(2) – Failure to disclose known material defects regarding the condition of the property to the prospective purchaser.

2. Title 59 O.S. §858-312, Subsection 23 – Failure to make available to the prospective buyer a true and accurate disclosure statement prior to the acceptance of an offer.

Respondents Select Management Group LLC, Peter Galbraith, Jr., Select Management Group LLC (BO), and Bradley Ramey were in violation of the following:

3. Title 59 O.S. §858-312, Subsections 8 & 9 and Rule 605:10-17-4(6) – failure to supervise the activities of Respondent Brooks.

Recommendation: The Hearing Examiner recommends the assessment of an administrative fine of $1,500.00 per violation for Respondent Susan Brooks, for a total of $3,000.00.


Additionally, the Hearing Examiner recommends the assessment of an administrative fine of Seven Hundred Fifty Dollars ($750.00) each for Respondents Select Management Group LLC, Peter Galbraith, Jr., Select Management Group LLC (BO), and Bradley Ramey.



Hearing Examiner C-2017-062: The Sikes Real Estate Team LLC and Zachary Don Sikes (BM) – Edmond (Kisner) On October 31, 2018, the Hearing Examiner found the Respondents in violation of the following:

• Title 59 O.S. §858-312, Subsection 12 – Offering a $25.00 gift card giveaway for purpose of influencing a purchaser or prospective purchaser.

Recommendation: The Hearing Examiner recommends the assessment of an administrative fine of Seven Hundred Fifty Dollars ($750.00) for each Respondent, for a total fine amount of One Thousand Five Hundred Dollars ($1,500.00).



Hearing Examiner C-2017-076: Adams Family Real Estate LLC and Homer Bud “Chip” Adams III (BM) – Edmond (Kisner) On October 31, 2018, the Hearing Examiner found the Respondents in violation of the following:

1. Title 59 O.S. §858-312, Subsection 12 – Advertising a rebate program that offered $999.00 refunds via the Internet and flyers.

2. Title 59 O.S. §858-312 Subsection 21 and Rule 605:10-17-4(21) – Paying a part of a commission to an unlicensed person by refunding the listing fee of $999.00 to the buyer/seller at closing.

Recommendation: The Hearing Examiner recommends the assessment of an administrative fine of Five Hundred Dollars ($500.00) for each violation by Respondent Adams Family Real Estate LLC and


an administrative fine of Five Hundred Dollars ($500.00) for each violation by Respondent Homer Adams III, for a total fine amount of Two Thousand Dollars ($2,000.00).



Hearing Examiner C-2017-077: Goldtree Realty LLC and Chong Iu Phu (BM) – Edmond (Kisner) On November 5, 2018, the Hearing Examiner found the Respondents in violation of the following:

1. Title 59 O.S. §858-312, Subsections 8 & 9 and Rule 605:10-17-4(2) – Attempting to purchase a property for an entity, on which they had the listing and in which Respondent Phu had an interest, without making full disclosure and obtaining approval from the owner/seller.

2. Title 59 O.S. §858-312, Subsections 8 & 9 and Rule 605:10-17-4(12) – Failing to deposit $1,000.00 earnest money into a trust account.

3. Title 59 O.S. §858-312, Subsection 22 – Advancing funds for a purchaser who was unable to qualify for a loan.

Recommendation: The Hearing Examiner recommends the assessment of an administrative fine of One Thousand Dollars ($1,000.00) for each violation by Respondent Goldtree Realty LLC and an administrative fine of One Thousand Dollars ($1,000.00) for each violation by Respondent Chong Iu Phu, for a total fine amount of Six Thousand Dollars ($6,000.00).



Hearing Examiner


C-2017-090: Paul Daniel Keller, Jr. (SA) – Forest Park (Kisner)

On October 29, 2018, the Hearing Examiner found Respondent Keller in violation of the following:

• Title 59 O.S. §858-312, Subsection 15 – Plead Guilty to crimes involving Moral Turpitude.

Recommendation: The Hearing Examiner recommends the suspension of Respondent Keller’s Oklahoma sales associate license until the expiration of his deferred sentence under Case CF-2017-151 (November 15, 2019).



Hearing Examiner U-2017-006: www.izzlo.com (Unlicensed), Edward Andrew Flick (Unlicensed), and Chad Neal Williamson (Unlicensed) – Norman & Oklahoma City (Kisner) On November 5, 2018, the Hearing Examiner found no evidence to indicate a violation of the Oklahoma Real Estate Code or the Rules of the Commission by the Respondents.

Recommendation: The Hearing Examiner recommends the dismissal of the case against Respondents izzlo.com, Edward Flick, and Chad Williamson.



Hearing Examiner

C-2017-066: The Dodd Company LLC, Quinton Ray Dodd (BM), and Cheryl Jean Flood (SA) – Grove (Day) On October 29, 2018, the Hearing Examiner found Respondent The Dodd Company LLC in violation of the following:

1. Title 59 O.S. §858-312, Subsections 8 & 9 and Rule 605:10-17-4(6) – Failing to supervise an associate (Cheryl Flood).

Respondent Quinton Dodd was in violation of the following:

http://www.izzlo.com/


2. Title 59 O.S. §858-312, Subsections 8 & 9 and Rule 605:10-17-4(6) – Failing to supervise an associate (Cheryl Flood).

Respondent Cheryl Flood was in violation of the following:

3. Title 59 O.S. §858-312, Subsections 8 & 9 and Rule 605:10-17-4(12) – Allowing purchaser to take possession of the subject property prior to closing.

Recommendation: The Hearing Examiner recommends the assessment of administrative fines as follows:

1. Seven Hundred Fifty Dollars ($750.00) for Respondent The Dodd Company LLC

2. Seven Hundred Fifty Dollars ($750.00) for Respondent Quinton Dodd

3. One Thousand Five Hundred Dollars ($1,500.00) for Respondent Cheryl Flood



Hearing Examiner C-2017-089: Elite Real Estate Group LLC and Ravinderpal Singh (BM) – Edmond (Day)

On November 5, 2018, the Hearing Examiner found Respondent Ravinderpal Singh in violation of the following:

1. Title 59 O.S. §858-312, Subsections 8 & 9 and Rule 605:10-17-4(2), Rule 605:10-15-1, and Rule 605:10-9-4(d)(1) – Purchased property for himself or another entity in which he had an interest without first making full disclosure and obtaining approval of the owner and received a commission from the transaction.

2. Title 59 O.S. §858-312, Subsections 8 & 9 and Rule 605:10-17-4(2), Rule 605:10-9-4(d)(1), and Rule 605:10-15-1 – Failed to disclose that he was purchasing real estate through Sunrise Homes LLC and that Sunrise Homes LLC was using Respondent Singh for representation. Respondent also failed to disclose in writing on all documents that he possessed a license and failed to include his license number.

The Hearing Examiner found Respondent Elite Real Estate Group LLC in violation of the following:

3. Title 59 O.S. §858-312, Subsections 8 & 9 and Rule 605:10-17-4(6) – Failing to supervise the activities of an associate and ensuring that the licensable activities of Ravinderpal Singh were in compliance.

Recommendation: The Hearing Examiner recommends the assessment of an administrative fine of One Thousand Five Hundred Dollars ($1,500.00) for Count 1 and One Thousand Dollars ($1,000.00)


for Count 2. He further recommends the assessment of an administrative fine of One Thousand Dollars ($1,000.00) for Respondent Elite Real Estate Group LLC.



Hearing Examiner C-2018-002: Mindy Lurene Teague (SA) – Del City (Day)

On November 5, 2018, the Hearing Examiner found the Respondent in violation of the following:

• Title 59 O.S. §858-312, Subsection 15 – Entering a Guilty plea to the charge of Burglary – Second Degree in the District Court of Oklahoma County, Oklahoma.

Recommendation: The Hearing Examiner recommends the dismissal of the complaint against Respondent Teague, subject to her requirement of self-reporting to the Commission any violation of her deferred sentence and any subsequent criminal charges occurring until August 16, 2022.



Hearing Examiner

CONSENT ORDER

The approval of any form of disciplinary action against a Respondent through a Final Consent Order

issued by the Oklahoma Real Estate Commission is subject to review and affirmation by the Oklahoma Office of the Attorney General, pursuant to Executive Order 2015-033.

C-2016-057: Homes by Mona Incorporated, Mona Carol Campbell (BM), and Brian A. Allen (PSA) – Durant (Hammonds)

Violation by Respondent Brian Allen:

1. Title 59 O.S. §858-312, Subsections 8 & 9 and Rule 605:10-17-4 (16) – allowing access to, or control of, real property without the owner’s authorization.


2. There was no evidence to indicate a violation of the Oklahoma Real Estate License Code and Rules by Respondents Homes by Mona Incorporated and Mona Campbell.

Consent: Respondent Allen assents to paying an administrative fine of $1,000.00 and the Commission will close the case against Respondents Homes by Mona Incorporated and Mona Campbell.

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 proposed Consent Order

C-2017-088: Linda Spradlin (BP) and Torey Deann Royston – Fort Smith, AR & Idabel, OK (Hammonds) Respondent Torey Royston is not participating in this Consent Order and is choosing to move forward with a Formal Hearing.

Violation by Respondent Linda Spradlin:

1. Title 59 O.S. §858-312, Subsections 8 & 9 and Rule 605:10-17-4(6) – Failure to supervise the activities of an associate.

Consent: Respondent Spradlin assents to paying an administrative fine of $850.00.



UC-2017-010: Einstein Group LLC, Gwen A. Arveson (BM), Einstein Group LLC (BO), Keesty Pierce Forney (BB), Cynthia K. “Cindy” Stephens (SA), and Lena Rivers LLC – Norman (Hammonds) Violation by Respondents Einstein Group LLC, Gwen Arveson, and Keesty Forney:

1. Title 59 O.S. §858-312, Subsections 8 & 9, and Rule 605:10-17-4(6) – Failure to ensure the banking and property management activities of Respondent Cindy Stephens were in compliance.

Violations by Respondent Cindy Stephens:


2. Title 59 O.S. §858-312, Subsection 6, and Rule 605:10-13-2(1) – Failure to turn over all documents, files, and monies deposited, payments made, or things of value received by her to her broker.

3. Title 59 O.S. §858-312, Subsection 14, Rule 605:10-11-3(1), and Rule 605:10-17-4(19) – Corporation performing acts requiring a real estate license and holding itself out as engaged in that activity.

Violation by Lena Rivers LLC:

4. Title 59 O.S. §858-201, §858-301, and §858-401 – Engaging in licensable real estate activities prior to obtaining the required real estate license and soliciting owners of properties for rent or lease and soliciting for prospective tenants within the State of Oklahoma, and receiving a commission or other valuable consideration.

Consent: The Respondents assent to paying the following administrative fines:

1. Gwen Arveson $850.00

2. Keesty Forney $1,000.00

3. Cindy Stephens & Lena Rivers, LLC $3,550.00

4. The Commission will close the case against Respondents Einstein Group LLC and Einstein Group LLC (BO).




CASE EXAMINER & PRELIMINARY INVESTIGATIVE REPORT

CASE EXAMINER REPORT C-2018-037: Heather Michelle Smith (SA) – Wagoner (Kisner) Possible violation by Respondent:

1. Title 59 O.S. §858-312, Subsection 9 and Rule 605:10-17-2(b) – Failed to file an adequate written response to the Complaint within fifteen (15) days of the notice.

Recommendation: Set Formal Hearing C-2018-062: Energy Real Estate LLC, Brian Keith Woodward (BM), and Linda J. Ryburn (SA) – Yukon (Kisner)

Possible violation by Respondents Energy Real Estate and Brian Woodward:

1. Title 59 O.S. §858-312, Subsections 8 & 9 and Rule 605:10-17-4(6) – Failed to supervise the advertising activities of Respondent Ryburn.

Possible violation Respondent Linda Ryburn:

2. Title 59 O.S. §858-312, Subsection 9 and Rule 605:10-9-4(b)(3)(D) – Advertised without her broker’s reference, which could be construed as that of a firm’s name in “Selling OK City.”

3. Title 59 O.S. §858-312, Subsection 2 – Made substantial misrepresentations in the conduct of business through advertising by intending to influence, persuade, or induce others.

4. Title 59 O.S. §858-312, Subsection 12 – Offered a gift card for following her Instagram social media account for the purpose of influencing a purchaser or prospective purchaser.

Recommendation: Set Formal Hearing C-2018-086: Energy Real Estate LLC and Brian Keith Woodward (BM) – Yukon (Kisner)

Possible violation by Respondents:

• Title 59 O.S. §858-312, Subsection 12 –Offered prizes for the purpose of influence a purchaser or prospective purchaser of real estate by conducting and promoting a giveaway on the brokerage’s Facebook page for “likes” and “shares.”

Recommendation: Set Formal Hearing


C-2018-095: Whittington Realty LLC and Richard Stuart Whittington (BM) – Oklahoma City (Kisner)

Possible violation by Respondents P3 Management and Tyler Merriman:

• Title 59 O.S. §858-312, Subsection 12 – Solicited, sold, or offered for sale real estate by offering “free lots,” conducting lotteries or contests, or offering prizes for the purpose of influence a purchaser or prospective purchaser of real estate by offering a free moving truck to prospective purchasers of real estate.

Recommendation: Set Formal Hearing UC-2018-005: The Property Center LLC, William Michael Bumm (BM), Sarah Marie Smith (SA), Jolene Ray Mukisen (SA) and Lipstick & Listings Incorporated (Unlicensed) – Edmond (Kisner)

Possible violation by Respondents The Property Center and William Bumm:

1. Title 59 O.S. §858-312, Subsections 8 & 9 and Rule 605:10-17-4(6) – Failed to supervise the advertising activities of Jolene Mykisen and Sarah Smith.

Possible violation by Respondent Sarah Smith:

2. Title 59 O.S. §858-312, Subsections 2 & 9 and Rule 605:10-9-4(B)(3) – Failed to ensure that the broker’s reference was prominent, conspicuous, and easily identifiable on all advertising.

Possible violation by Respondent Jolene Mykisen:

3. Title 59 O.S. §858-312, Subsections 2 & 9 and Rule 605:10-9-4(B)(3) – Failed to ensure that the broker’s reference was prominent, conspicuous, and easily identifiable on all advertising.

Possible violation by Respondent Lipstick & Listings:

4. Title 59 O.S. §858-201, §858-301, and §858-401 – Engaged in licensable real estate activities prior to obtaining the required real estate license by soliciting buyers and sellers of properties within the State of Oklahoma, as they advertised or held themselves out as engaged in those activities via social media and/or website advertisements.

Recommendation: Set Formal Hearing C-2017-069: Chinowth & Cohen LLC, Sheryl Ann Chinowth (BM), and Patricia L. Zahoran (BA) – Tulsa (Day) There was insufficient evidence to establish any violations of the Oklahoma Real Estate License Code and Rules by Respondents Chinowth & Cohen LLC, Sheryl Chinowth, and Patricia Zahoran.

Recommendation: Close Case


UC-2017-007: Danielle Sprik Realty Group LLC, Lincoln Mathew Brown (BM), Danielle Lynn Sprik (SA), Shawn Ray Klahr (SA) and Property Management Incorporated – Green Country (Unlicensed) – Tulsa (Day) Possible violations by Respondents Danielle Sprik Realty Group LLC, Lincoln Brown, and Danielle Sprik:

1. Title 59 O.S. §858-312, Subsections 8 & 9 and Rule 605:10-17-4(6) – Failed to supervise the property management activities of an associate (Shawn Klahr, doing business as Property Management Incorporated – Green Country) and to ensure they were in compliance.

2. Title 59 O.S. §858-312, Subsections 8 & 9 and Rule 605:10-17-4(19) – Cooperated with an unlicensed person or entity by allowing Property Management Incorporated – Green Country and Respondent Klahr to engage in the business of property management.

3. Title 59 O.S. §858-312, Subsection 14 and Rule 605:10-11-3(1) – Paid a commission or any other valuable consideration to Property Management Incorporated – Green Country for performing the services of a real estate licensee who had not secured a real estate license.

Possible violation by Respondent Danielle Sprik:

4. Title 59 O.S. §858-312, Subsections 2, 8 & 9 and Rule 605:10-17-4 (6) – Held herself out as the Principal Broker of Property Management Incorporated – Green Country, an unlicensed entity, making a substantial misrepresentation in the conduct of business or advertising intended to influence, persuade, or induce others.

Possible violations by Respondent Shawn Klahr:

5. Title 59 O.S. §858-312, Subsections 8 & 9 and Rule 605:10-17-4(19) – Allowing Property Management Incorporated – Green Country to engage in the business of property management prior to obtaining a real estate license.

6. Title 59 O.S. §858-312, Subsection 14 and Rule 605:10-11-3(1) – Paying a commission or other valuable consideration to a person or entity who has not first secured a real estate license, as Property Management Incorporated – Green Country performed acts requiring a real estate license.

Possible violation by Respondent Property Management Incorporated – Green Country:

7. Title 59 O.S. §858-301 and §858-401 – Engaging in licensable real estate activities prior to obtaining the required real estate license by soliciting owners of properties for rent or lease and soliciting for prospective tenants within the State of Oklahoma, and receiving a commission or other valuable consideration.



C-2018-012: Bob & Jo Realty Incorporated, Gina Alvis Watts (BM), and Jenifer Dae Grissett (SA) – Pryor (Day) Possible violations by Respondent Jenifer Grissett:

1. Title 59 O.S. §858-312, Subsections 2, 8 and 9 – Executing documents on behalf of parties to a transaction.

2. Title 59 O.S. §858-353 and Rule 605:10-15-2 – Failure to provide written notice to those parties that she was providing services to more than one party.

Possible violation by Respondents Bob & Jo Realty and Gina Watts:

3. Title 59 O.S. §858-312, Subsections 8 & 9 and Rule 605:10-17-4(6) – Failure to ensure that the licensable activities of Respondent Grissett were in compliance

Recommendation: Set Formal Hearing C-2018-024: McGraw Davisson Stewart LLC, Rodger P. Erker (BM), McGraw Davisson Stewart LLC (BO), Lindsey Kristin Schlomann (BB), and Deborah Jane Frye (SA) – Tulsa (Day) There was insufficient evidence to establish any violations of the Oklahoma Real Estate License Code and Rules by Respondents McGraw Davisson Stewart LLC, Rodger Erker, McGraw Davisson Stewart LLC (BO), Lindsey Schlomann, and Deborah Frye.

Recommendation: Close Case C-2018-056: Stone Canyon Realty LLC and Susan Ann McKeon (BM) – Owasso (Day)

Possible violations by Respondents Stone Canyon Realty LLC and Susan McKeon:

1. Title 59 O.S. §858-312, Subsection 12 – Conducted a contest for the purpose of influencing a buyer by offering to pay for a membership to a private golf club.

2. Title 59 O.S. §858-312, Subsection 2 and Rule 605:10-9-4 (a)(9) – Made substantial misrepresentations by advertising a seller incentive without making it clear the incentive was an offer from the seller.



C-2018-064: Jensen Hurley Incorporated, Gregory Lynn Jensen (BM), and Gary D. Smith (BA) – Enid (Day)

Possible violations by Respondents Jensen Hurley Incorporated and Gregory Jensen:

1. Title 59 O.S. §858-312, Subsection 8 and Rule 605:10-17-4(6) – Failing to supervise the advertising activities of Respondent Smith in a proper manner.

Possible violations by Respondent Gary Smith:

2. Title 59 O.S. §858-312, Subsection 20 – Failed to include his broker reference in a newspaper advertisement offering real estate for rent.

3. Title 59 O.S. §858-312, Subsection 2 and Rule 605:10-9-4(b)(1–3) – Making substantial misrepresentations by failing to include his broker’s reference in a newspaper advertisement offering real estate for rent.

Recommendation: Set Formal Hearing C-2018-089: EXP Realty LLC, Steven Thomas Ligon (BM), and Liliolosa Francis Van Kirk (SA) – Oklahoma City (Day)

Possible violations by Respondent EXP Realty and Steven Ligon:

1. Title 59 O.S. §858-312, Subsections 8 & 9 and Rule 605:10-17-4 – Failed to supervise the activities of Respondent Van Kirk in a proper manner.

2. Title 59 O.S. §858-312, Subsections 8 & 9 and Rule 605:10-17-4(21) – Failure to ensure that Respondent Van Kirk held an active real estate license prior to conducting licensable real estate activities.

3. Title 59 O.S. §858-312, Subsection 7 – Compensated Respondent Van Kirk while her license was on inactive status.

Possible violation by Respondent Liliolosa Van Kirk:

4. Title 59 O.S. §858-301 and §858-401 – Engaged in licensable activities while her license was on inactive status and received a commission from those transactions.



U-2018-001: P3 Management (Unlicensed) and Tyler Merriman (Unlicensed) – Tulsa (Day)

Possible violation by Respondents P3 Management and Tyler Merriman:

Title 59 O.S. §858-301 and §858-401 – Engaging in licensable activities prior to obtaining the required real estate license and receiving a commission or other valuable consideration from those transactions.


INVESTIGATIVE REPORT C-2018-068: Elite Real Estate Group and Ravinderpal Singh (SA) – Edmond (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-2017-097: Richard Jennings Real Estate LLC and Richard Wayne Jennings (BM) – Norman (Hall)


Recommendation: Close Case C-2018-041: McGraw Davisson Stewart LLC, Rodger P. Erker (BM), McGraw Davisson Stewart LLC (BO), Lindsey Kristin Schlomann (BB), and Randy Kay Young (SA) – Tulsa (Hall)


Recommendation: Close Case C-2018-105: Brian Leif Anderson (SA) – Tuttle (Hall) There was no indication of any violation of the Oklahoma Real Estate License Code and Rules by the Commission by Respondent.

Recommendation: Close Case with Letter of Caution


GENERAL BUSINESS

1. Legislative Update

a. Wholesale Legislation

b. Buyer Inducements

c. eNotary – Oklahoma Online Remote Notary

2. 2019 Permanent Rules

3. Activities Requiring a License Update (if available)

4. New Licensing Database System Update

5. Continued Discussion regarding Granicus – Government-Built Technology Software

6. Items for Consideration at a Future Commission Meeting

FINANCIAL & FISCAL

1. Monthly Financial Report for FY-2019 (November 2018 & December 2018)

2. IDEMIA Augmented Identity Fingerprint Service Presentation and Proposal

3. Approval for travel to the ARELLO® Midyear Conference in Salt Lake City, UT (April 10-13, 2019)

EDUCATION & LICENSING

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

2. “CE Broker” Software Update

3. Discussion and Possible Vote on new Education Advisory Committee (EAC) Members

4. Proposed EAC Meeting Dates for 2019, Pending Approval by the Commissioners:

a. February 1, 2019


b. April 19, 2019

c. June 28, 2019

d. September 27, 2019

INDUSTRY UPDATES

1. Education Advisory Committee

2. Wholesaling Task Force

3. Contract Forms Committee

PERSONNEL

1. Oath of Loyalty for OREC Employees Riece Baker and Ana Vasser

2. Executive Session pursuant to 25 O.S. §307(B)(1) for the purpose of discussing the salary of the Acting Executive Director and the hiring process for a new Executive Director.

A. Vote to enter into Executive Session

B. Discuss topic of the Executive Session

C. Vote to return to open session

D. Commission to vote/take appropriate action on the topic of the Executive Session

NEW BUSINESS

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


UPCOMING MEETING DATES (Subject to Change)

February 13 May 8

March 13 June 12

April 10

ADJOURNMENT

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

opening of business meeting - ok.gov agenda.pdf · tulsa & sapulpa (kisner) on october 31,...

Documents