NEW BUSINESS
Public Hearing Proposed Rules Chapters 400 and 410
The public hearing was called to order at 9:30 a.m. to receive comments. The hearing was closed at 12:20 p.m. Written comments will be accepted until April 6, 2009.
Adjudicatory Hearings
The Chair opened the hearing in the matter of Director v. Dwayne M. Ames. Earl Black recused and left the room. The Director was present and represented by Assistant Attorney General Carrie Carney. Ames was present and not represented by counsel. Public deliberations were conducted at the close of the hearing.
A motion was made by David Kitchen and seconded by Jeffrey Mitchell to find Ames in violation of 10 M.R.S.A. § 8003(5-A)(A)(4) and 32 M.R.S.A. § 13197(1). Unanimous.
A motion was made by David Kitchen and seconded by Winfred Stevens to order Ames to pay a fine in the amount of $200 within 30 days. Kitchen and Stevens voted in the affirmative; Millett and Mitchell opposed. Motion failed.
A motion was made by Jeffrey Mitchell and seconded by David Kitchen to order Ames to pay a fine in the amount of $400 within 30 days. Unanimous.
Decisions
A motion was made by Jeffrey Mitchell and seconded by David Kitchen to approve the Decision in the matter of Director v. Charles L. Bradford. Unanimous.
A motion was made by Jeffrey Mitchell and seconded by David Kitchen to approve the Decision in the matter of Director v. William C. Chapman. Unanimous.
A motion was made by David Kitchen and seconded by Earl Black to approve the Decision in the matter of Director v. Benjamin Lauzier. Unanimous.
Proposed Consent Agreements
A motion was made by Earl Black and seconded by Jeffrey Mitchell to accept the Proposed Consent Agreements in case numbers 2006-REC-2936, 2008-REC-5137, 2009-REC-5205, 2009-REC-5222, 2009-REC-5252 (as corrected), 2009-REC-5267, 2009-REC-5303, 2009-REC-5307, 2009-REC-5316. Unanimous.
Proposed Dismissals
A motion was made by Earl Black and seconded by Winfred Stevens to accept the Proposed Dismissals in case numbers 2006-REC-2902, 2006-REC-2960, 2006-REC-2961, 2006-REC-2978 (as corrected), 2006-REC-3008, 2008-REC-4650, 2008-REC-5105, 2008-REC-5149, 2008-REC-5163, 2006-REC-3118, 2006-REC-3147 . Unanimous.
2006-REC-2959: A motion was made by David Kitchen and seconded by Winfred Stevens to accept the Proposed Dismissal. Unanimous.
Director’s Report
Real Estate Council of British Columbia – February 2009: Provided as information.
DOJ/Antitrust – Competition and Real Estate: Members were provided with a copy of the web site with links to information.
Legislative Update – L.D. 630 Sections A-17 and A-18: Director Leighton reported that this bill was voted out “ought to pass” as amended (fiscal note).
The Director also reported on several other bills.
Next Meeting Scheduled for April 16, 2009
