NEW BUSINESS
Chapters 400 and 410 – Rule Review
A motion was made by Earl Black and seconded by Jeffrey Mitchell to approve the rules package as amended. Unanimous.
Adjudicatory Hearings
The Chair opened the hearing in the matter of Director v. Michelle C. Carver. The Director was present and represented by Assistant Attorney General Robert Perkins. Carver was present and represented by Andrew Broaddus. Public deliberations were conducted at the close of the hearing.
A motion was made by Winfred Stevens and seconded by Jeffrey Mitchell to find Carver in violation of 32 M.R.S.A. §§ 13067(1)(F) and (G), and Chapter 330 Section 18(A) of the Maine Real Estate Commission Rules. Unanimous.
A motion was made by Sharon Millett and seconded by Earl Black to find Carver in violation of 32 M.R.S.A. § 13067(1)(H). Unanimous.
A motion was made by David Kitchen and seconded by Jeffrey Mitchell to order Carver to pay a fine of $3000 within 30 days and order a 30 day license suspension commencing 30 days after receipt of the written Decision. Kitchen voted in the affirmative; Black, Millett, Mitchell, and Stevens opposed. Motion failed.
A motion was made by Earl Black to order Carver to pay a fine of $3000 within 60 days and to submit evidence, within 60 days of 3 hours of education pertaining to property disclosure and 3 hours of education pertaining to representation. Black, Millett, Mitchell, and Stevens voted in the affirmative; Kitchen opposed. Motion carried.
Decisions
A motion was made by Jeffrey Mitchell and seconded by Winfred Stevens to approve the Decision in the matter of Director v. Louise E. Merrill. Unanimous.
Proposed Consent Agreements
A motion was made by Winfred Stevens and seconded by Earl Black to accept the Proposed Consent Agreements in case numbers 2008-REC-5010, 2009-REC-5463, 2009-REC-5513, 2006-REC-3007, 2009-REC-5306, 2009-REC-5532. Unanimous.
Proposed Dismissals
A motion was made by Jeffrey Mitchell and seconded by Earl Black to accept the Proposed Dismissals in case numbers 2006-REC-3108, 2006-REC-3148, 2009-REC-5283. Unanimous.
Director’s Report
Legislative Update: Director Leighton reported on the following proposals:
• L.D. 550 “An Act To Protect Maine Residents from Home Fires and Carbon Monoxide”
• L.D. 630 “An Act To Update and Streamline State Licensing Laws and Clarify the Process for Appealing Final Decisions of Certain Licensing Entities”
Continuing Education Discussion: Application for course approval “After the Core Course II” – members agreed that the title of the course needs to be changed.
The August 20, 2009 meeting was cancelled.
Next Meeting Scheduled for June 18, 2009
