NEW BUSINESS
Election of Chair and Vice-Chair
A motion was made by David Kitchen and seconded by Earl Black to elect Sharon Millett as Chair and Winfred Stevens as Vice-Chair. Unanimous.
Adjudicatory Hearings
The Chair opened the hearing in the matter of Director v. William C. Chapman. The Director was present and represented by Assistant Attorney General Andrew Black. Chapman was present and not represented by counsel. Public deliberations were conducted at the close of the hearing.
A motion was made by Earl Black and seconded by David Kitchen to find Chapman in violation of 32 M.R.S.A. § 8003(5-A)(A)(1). Unanimous.
A motion was made by Earl Black and seconded by David Kitchen to order Chapman to pay a fine in the amount of $300 within 30 days. Unanimous.
The Chair opened the hearing in the matter of Director v. Charles L. Bradford. The Director was present and represented by Assistant Attorney General Andrew Black. Bradford was present and not represented by counsel. Public deliberations were conducted at the close of the hearing.
A motion was made by Winfred Stevens to find Bradford in violation M.R.S.A. §§ 8003(5-A)(A)(1),(4) and (5), 32 M.R.S.A. §§ 13067-A(2), 13197(1) and (3), and Chapter 370 Section 10(A) of the Rules. Unanimous.
A motion was made by Earl Black and seconded by Jeffrey Mitchell to order Bradford to pay a fine of $2000 within 30 days; to order the suspension of his license for a period of 30 days beginning 30 days after he receives the written Decision and Order; and to submit within 30 days certificates confirming completion of 16 hours of approved continuing education, including the required core course, to be used toward the renewal of his license in June 2008. Unanimous.
The Chair opened the hearing in the matter of Director v. Benjamin L. Lauzier. The Director was present and represented by Assistant Attorney General Andrew Black. Lauzier was not present nor represented by counsel. Public deliberations were conducted at the close of the hearing.
A motion was made by David Kitchen and seconded by Earl Black to find Lauzier in violation of 10 M.R.S.A. § 8003(5-A)(A)(9). Unanimous.
A motion was made by Winfred Stevens and seconded by David Kitchen to order the immediate revocation of Lauzier’s sales agent license. Unanimous.
Decisions
A motion was made by Jeffrey Mitchell and seconded by Winfred Stevens to approve the Decision in the matter of Director v. Elizabeth Gendron Bostwick. Unanimous.
A motion was made by Jeffrey Mitchell and seconded by David Kitchen to approve the Decision in the matter of Arthur Gary/Arthur Gary School of Real Estate v. Director. Unanimous.
Proposed Dismissed Complaints
A motion was made by David Kitchen and seconded by Earl Black to accept the Proposed Dismissals in case numbers 2006-REC-2888, 2006-REC-2971, 2008-REC-5008, 2008-REC-5012, 2008-REC-5022, and 2008-REC-5077. Unanimous.
Proposed Consent Agreement
A motion was made by Winfred Stevens and seconded by Earl Black to accept the Proposed Consent Agreement in case number 2008-REC-5073. Unanimous.
Director’s Report
Draft Rules – Chapters 400 and 410: Reviewed the January 12, 2009 draft. A motion was made by Winfred Stevens and seconded by Jeffrey Mitchell to approve the draft with minor amendments and move forward with the rule-making process. Unanimous.
Memo from Director re: Commission Payments: This issue is incorporated into Chapter 400 of the draft rule changes.
Year End Statistics and Comparisons – Investigations: Discussed the report as prepared.
Next Meeting Scheduled for February 19, 2009
