new mexico regulation and licensing department boards and ... minutes (approved… · the motion...

New Mexico Regulation and Licensing Department BOARDS AND COMMISSIONS DIVISION

New Mexico Real Estate Commission 5500 San Antonio Drive, NE ▪ Suite B ▪ Albuquerque, New Mexico 87109

(505) 222-9820 ▪ Fax (505) 222 -9855 ▪ www.rld.state.nm.us

REGULAR COMMISSION MEETING

The Greater Albuquerque Association of Realtors

1635 University Blvd NE,

Albuquerque, NM 87102.

May 18-19, 2020

9:00 a.m.

MINUTES

I. CALL MEETING TO ORDER

President Koether called the meeting to order at 9:15 a.m. and a quorum was determined present.

COMMISSIONERS PRESENT: Gretchen Koether, President, Professional Member

Bill Davis, Vice-President, Professional Member (Video Conference)

Kurstin Johnson, Professional Member

Lindsay Rollins, Public Member (Video Conference)

Greg Foltz, Secretary, Professional Member

OTHERS PRESENT: Lori Chavez, AAG, Commission Counsel (Video Conference)

STAFF PRESENT: Laura Romero Halama, Team Leader (Video Conference)

Germelyn Vivar, Administrative Secretary (Video Conference)

Lyn Carter, Investigator (Video Conference)

Perry Bryant, Investigator (Video Conference)

Valerie Martinez, Investigator (Video Conference)

Thomas Baca, Education Administrator (Video Conference)

II. PLEDGE OF ALLEGIANCE

President Koether led the Pledge of Allegiance.

III. APPROVAL OF AGENDA

Member Johnson made a MOTION to approve the agenda. Member Foltz SECONDED the motion.

Motion PASSED by UNANIMOUS APPROVAL.

IV. APPROVAL OF MINUTES

January 27-28, 2020 Regular Commission Meeting

Member Johnson made a MOTION to approve the January 27-28, 2020 Regular Commission Meeting

Minutes. Member Foltz SECONDED the motion. Motion PASSED by UNANIMOUS APPROVAL.

V. BROKER AND PUBLIC FORUM

Kent Cravens with the Greater Albuquerque Association of Realtors (GAAR) addressed the Commission

stating that GAAR is happy with their collaboration with the New Mexico Real Estate Commission

(REC). He thanked the Commission for their efforts with regard to education and their swift action for

allowing courses online. However, Mr. Cravens expressed some concern that REC staff is no longer

honoring a Memorandum of Understanding (MOU) that GAAR and the REC entered into in September,

2019. The MOU outlines a quick verification process for license transfers without the need for licensees

to wait to be updated in the system. Mr. Cravens said that the process was working well until late

January, 2020 and he requested that REC Staff resume following the MOU.

NM Real Estate Commission Meeting

May 18-19, 2020

Agenda of 14

Bob Arguelles addressed the Commission and stated that there is no leadership within the Commission

Office and Staff and that it is important the Executive Director position be filled immediately.

Other comments made by multiple individuals in the course of discussion were that there has been a

delay with licensing for quite some time, which has been a problem.

VI. REPORTS

a) President’s Report

President Koether reported that these times are trying for everyone and realtors are having to adjust.

She thanked GAAR for their help with efforts to make this meeting possible. She stated that she

agrees with the comments made by Mr. Cravens and appreciates the efforts between the Commission

and GAAR.

b) Investigators’ Report

1. Total New Complaints Received

Investigator Lyn Carter reported that the Commission has received a total of 26 complaints:

January – 6 Complaints Received

February – 7 Complaints Received

March – 3 Complaints Received

April – 10 Complaints Received

May – 0 Complaints Received

2. Disciplinary Hearings Scheduled

Investigator Lyn Carter reported that the following matters have disciplinary hearings scheduled:

• Terrance Belcher, May 27, 2020 at 9:00 a.m. at NMREC Office, Hearing Officer –

Commissioner Greg Foltz

• Theresa McBee & Stacy Ross, June 1, 2020 at 11:00 a.m. at the San Juan County Assoc. of

Realtors, Hearing Officer – Commissioner Kurstin Johnson

• James Paxton & Cindy Parkinson, July 2, 2020 at 11:00 a.m. at the Ruidoso Assoc. of

Realtors, Hearing Officer – Commissioner Gretchen Koether

c) Rules Task Force Report

Member Johnson reported COVID has created a delay in the regular meetings of the Rules Task

Force, but they are getting back on track.

Member Johnson made a MOTION that the Rules Task Force consider changes to Part 8 (License

Transfers), consider adding rules that pertain to the investigation process and the boards authority

over the executive director position (hiring/firing). Member Foltz SECONDED the motion. Motion

PASSED by UNANIMOUS APPROVAL.

d) Education Advisory Committee (EAC) Report and Minutes

1. Discussion and Action

Thomas Baca and Judy Jones reported that the EAC has continued to meet monthly using the

Zoom platform. They also reported that the Committee has discussed the ability to offer courses

online until 90 days after the public health order is lifted and thanked President Koether for

adding new members to Committee.

Member Davis stated that he received an inquiry that the Commission consider making Zoom a

permanent option.

2. Appointment of 4 EAC Members

President Koether appointed the following four new members to the EAC:

Troy Briggs – 2 Year Term (Ruidoso)


May 18-19, 2020

Agenda of 14

Chuck Sheldon – 3 Year Term (Albuquerque)

Lois Lewis – 3 Year Term (Farmington)

Tabatha Granger – 3 Year Term (Las Cruces)

Member Johnson made a MOTION to approve the four members appointed by President

Koether. Member Davis SECONDED the motion. Motion PASSED by UNANIMOUS

APPROVAL.

3. Approval of EAC Minutes

a. February 12, 2020 EAC Minutes

Member Johnson made a MOTION to approve the February 12, 2020 EAC Meeting Minutes.

Member Foltz SECONDED the motion. Motion PASSED by UNANIMOUS APPROVAL.

b. March 11, 2020 EAC Minutes

Member Johnson made a MOTION to approve the March 11, 2020 EAC Meeting Minutes.


c. April 8, 2020 EAC Minutes

Member Johnson made a MOTION to approve the April 8, 2020 EAC Meeting Minutes.


d. May 13, 2020 EAC Minutes

Member Johnson made a MOTION to approve the May 13, 2020 EAC Meeting Minutes.


VII. NEW BUSINESS

a) COVID-19 Public Health Emergency Notices E-Mailed to Licensees

Ms. Romero Halama reported that the following Public Health Notices concerning COVID-19 were

sent via e-mail to all active licensees and was posted the Commission’s website.

1. Notice Regarding BCD Process and Procedures During COVID-19 (Sent 03/17/2020)

2. Notice - Schools Approved for Distance Learning for Higher Education (Sent 03/18/2020)

3. Public Notice - Closure of Non-Essential Services (Sent 03/24/2020)

4. Notice - Renewal Process and Procedures (Sent 03/25/2020)

5. Notice - Suspension of Fingerprint Submission for License Renewal (03/25/2020)

6. Public Notice - Governor's Latest Public Health Orders (Sent 03/26/2020)

7. Notice - Requirement for Online Licensing Renewals (03/27/2020)

8. Public Notice - NM Economic Development Department (EDD) Stimulus Information (Sent

04/06/2020)

9. Notice Regarding Coronavirus Updates (Sent 04/10/2020)

b) Discussion and Action of Approvals for Suspension of Fingerprint, Continuing Education,

Notarized QB Affidavit and Paper Renewal Submission

Member Johnson made a MOTION to defer Items VII. a and b until a Special Commission Meeting

can take place because they were not listed as action items on the agenda. Member Davis

SECONDED the motion. Motion PASSED by UNANIMOUS APPROVAL.

c) E&O Insurance Contract

Commissioner Johnson and Ms. Romero Halama, reported that the RFP was put on hold by the New

Mexico General Services Department (GSD), State Purchasing and is currently under review. An

emergency procurement was issued extending the current contract with Rice Insurance Services

Company, LLC, through September 27, 2020.


May 18-19, 2020

Agenda of 14

d) Update on Executive Secretary Ciddio

There was no discussion on this agenda item.

e) Discussion and Possible Action on Organizational Chart

Commissioner Johnson asked Commissioner Koether to move this item up on the agenda to follow

the Public Forum due to relevance, so this discussion took place earlier in the meeting.

The Commission reviewed an organizational chart for the New Mexico Real Estate Commission

Staff. The chart lists Wayne Ciddio at the top as the Executive Director and Roxanne Romo under

Mr. Ciddio with the licensing staff under her to include Brittany Dominguez and Debra Gallegos.

Also listed under Mr. Ciddio are the investigators Lyn Carter, Perry Bryant and Valerie Martinez and

Administrative Assistant Germelyn Vivar.

Ms. Romero Halama stated there is no proposed change to the organization chart. She has not been

added because she has been working with staff only on a temporary basis in Mr. Ciddio’s absence.

Member Johnson read the following statement for the record:

“With due respect to the staff at RLD who have been working diligently through the

simultaneous storms of the situation with the Executive Secretary of the Commission

followed by the COVID Virus and with nothing personal intended. The way the

situation with Mr. Ciddio was handled has turned my attention to the organization

between RLD and the Real Estate Commission. I was caught on my back foot at the last

meeting, when I learned our respected Executive Secretary was suddenly put on leave.

There was no discussion with or explanation to Commissioners. Since that very

unfortunate day, I have learned of RLD’s intention to control our rule making process,

control our investigative process, control our agenda, and a practice that was already in

place, control our budget. I learned that someone at RLD decided not to honor an MOU

the Commission has with GAAR regarding license transfer. Additionally, I read notices

posted to the licensees that during the COVID crisis, The Real Estate Commission had

decided to allow waivers for continuing ed for license renewal, allowed licenses to be

renewed without fingerprints, and to allow all classes for credit to be conducted via

Zoom. The Commission had not met since January. How was it that the Commission

made these decisions without the Commissioners being consulted? When we wonder

about things like this, we turn to the statute: 61-29-4.3 says that the Commission is

Administratively Attached to RLD. What does that mean?

9-1-7 of the NMSA 1978 says:

A. An agency attached to a department for administrative purposes ONLY shall:

1. Exercise its functions independently of the department and without

APPROVAL or CONTROL of the department;

2. Submit its budgetary requests through the department; and

3. Submit reports required of it by law or by the governor through the

department.

B. The department to which an agency is attached for

administrative purposes only shall:

1. Provide, if mutually agreed, the budgeting, record-keeping and

related administrative and clerical assistance to the agency; and

2. Include the agency’s budgetary requests, as submitted and without

changes, in the departmental budget.

C. Unless otherwise provided by law, the agency SHALL HIRE ITS OWN PERSONELL

in accordance with the Personnel Act (Chapter 10, Article 9 NMSA 1978)

That made me question the authority of RLD over this Commission. This led me to find

two AG Opinions on similar matters. I quote from Opinion number 87-58, “RLD only


May 18-19, 2020

Agenda of 14

should perform clear administrative duties. The Board (Veterinary) is an autonomous

entity, to which the legislature granted broad statutory authority to carry out its specific

purposes. Therefore, it is our opinion that the Board, as part of its policy making

functions, has the statutory power to hire and executive director at a salary that the board

determines. The RLD act does not in any way supersede the Veterinary Practice Act,

especially with respect to the personnel or budgetary decisions”. Until that unfortunate

day in January, this Commission had been running well, functioning in good faith and

good will. Since that day, it has become clear to me that for reasons unknown to me,

RLD is overreaching its statutory authority over this board.”

Member Johnson made a MOTION that Lori Chavez, AAG seek an opinion from the Attorney

General’s Office (AGO) specific to the New Mexico Real Estate Commission regarding the

Commission’s authority and control of its own budget, hiring and firing of its Executive Secretary,

its investigators and the investigative process, its rule making authority and agenda, its website, its

license renewal process, and communicating questions from licensees and public. Member Foltz


Member Johnson made a MOTION that until such time as a decision is delivered to the Commission

for discussion by this body, all existing processes, including the MOU with GAAR remain in place.


f) REC Budget – Discussion and Possible Action

President Koether stated she requested the Commission’s budget from RLD and didn’t receive a

response so she filed an Inspection of Public Records Act Request (IPRA). She also stated she

received very general information and would like someone from RLD’s Administrative Services

Division (ASD) present to the Commission at its next meeting to answer questions regarding the

Commission’s budget.

g) Update and Discussion on PSI Contract

Member Johnson made a MOTION to defer until the next meeting. Member Foltz SECONDED the

motion. Motion PASSED by UNANIMOUS APPROVAL.

VIII. OLD BUSINESS

a) Appointment of Teams Task Force

Member Johnson made a MOTION to appoint Robert (Bob) Treece, chair; Tego Venturi, member

and Channing Kelly, member for the Teams Task Force. Member Foltz SECONDED the motion.


President Koether made MOTION to appoint Melinda Wilkinson, member for the Teams Task

Force. Member Rollins SECONDED the motion. Motion PASSED by UNANIMOUS

APPROVAL.

b) Discussion and Action on Appointment of a Complaint Committee

Ms. Romero Halama presented a process for appointing a Complaint Committee and the roles of the

Committee Members. The Commissioners discussed the process and determined that the

Commission does not have a need for a Complaint Committee.

Member Davis made a MOTION not to appoint a Complaint Committee. Member Foltz


IX. EXECUTIVE SESSION

Member Johnson made a MOTION that The New Mexico Real Estate Commission enter into Executive

Session to discuss the items listed in the agenda, pursuant to Sections 10-15-1-H (1) of the Open


May 18-19, 2020

Agenda of 14

Meetings Act authorizing closed sessions for matters related to issuance, suspension, renewal, or

revocation of a license. Member Foltz SECONDED the motion.

Roll Call was taken to enter into Executive Session.

COMMISSIONERS VOTE

Gretchen Koether, President, Professional Member Yes

Bill Davis, Vice-President, Professional Member Yes

Kurstin Johnson, Professional Member Yes

Lindsay Rollins, Public Member Yes

Greg Foltz, Secretary, Professional Member Yes

The motion PASSED by UNANIMOUS APPROVAL and the New Mexico Real Estate Commission

entered into Executive Session on May 18, 2020 at 12:00 p.m.

Back in Open Session

The New Mexico Real Estate Commission returned to open session on May 19, 2020 at 2:02 p.m. The

matters discussed in the closed meeting were limited only to the items listed on the agenda.

a) Applications

1. Maria Van Gelder – Renewal

Member Johnson made a MOTION approve Ms. Van Gelder’s request to waive the late fee.


2. Priscilla Chavez – Renewal

Member Johnson made a MOTION approve Ms. Chavez’ request to waive the late fee and

extension. Member Foltz SECONDED the motion. Motion PASSED by UNANIMOUS

APPROVAL.

3. Francis Lyons, Jr. – Renewal

Member Johnson made a MOTION approve Mr. Lyon’s request or suspension of fingerprint

submission and deny his request for waiver of the late fee. Member Foltz SECONDED the


b) Complaints

1. 19-01-01-001

Member Johnson made a MOTION to close Case #19-01-01-001 for all respondents. Member

Foltz SECONDED the motion. Motion PASSED by UNANIMOUS APPROVAL.

2. 19-01-03-003



3. 19-01-05-005

Member Johnson made a MOTION in Case #19-01-05-005 for Respondent A (AB) to offer a Pre-

Referral Settlement Agreement to include a $500.00 fine for possible violation of 16.61.19.8

NMAC, Honesty and Reasonable Care; $500.00 fine for possible violation of 16.61.1.7 NMAC,

Ethical and Professional Conduct; complete a 4-hour Ethics Course for no CE credit; and accept a

Letter of Reprimand. Member Foltz SECONDED the motion. Motion PASSED by

UNANIMOUS APPROVAL.


May 18-19, 2020

Agenda of 14

Member Johnson made a MOTION to close Case #19-01-05-005 for Respondent B (QB) with an

Advisory Letter. Member Foltz SECONDED the motion. Motion PASSED by UNANIMOUS

APPROVAL.

4. 19-01-06-006

Member Johnson made a MOTION to close Case #19-01-06-006. Member Foltz SECONDED the


5. 19-02-01-007

Member Johnson made a MOTION in Case #19-02-01-007 to offer a Pre-Referral Settlement

Agreement to include a Letter of Reprimand and completion of a QB Refresher Course for no CE

credit. Member Foltz SECONDED the motion. Motion PASSED by UNANIMOUS

APPROVAL.

6. 19-02-02-008



7. 19-02-04-010



8. 19-02-05-011



9. 19-03-01-012



10. 19-03-02-013

Member Johnson made a MOTION in Case #19-03-02-013 to table the matter for all respondents

pending original signature of investigator. Member Foltz SECONDED the motion. Motion


11. 19-03-03-014



12. 19-03-04-015

Member Johnson made a MOTION in Case #19-03-04-015 to table the matter pending original

signature of investigator. Member Foltz SECONDED the motion. Motion PASSED by

UNANIMOUS APPROVAL.

13. 19-03-05-016

Member Johnson made a MOTION in Case #19-03-05-016 to offer a Pre-Referral Settlement

Agreement for possible violation of 16.61.19.8.A 1 and 5 NMAC, to include a $1,000.00 fine;

accept a Letter of Reprimand confirming the importance of disclosing any condition reports in your

possession and suggestion, you can suggest additional testing if uncertain about the veracity of the

report you are disclosing; and complete a course “Yes your Honor, I did disclose” for no CE credit.



May 18-19, 2020

Agenda of 14

14. 19-03-06-017



UNANIMOUS APPROVAL.

15. 19-03-07-018

Member Johnson made a MOTION to close Case #19-03-07-018 to for all respondents. Member


16. 19-03-08-019



17. 19-03-09-020

Member Johnson made a MOTION in Case #19-03-09-020 for Respondent A (AB) to offer a Pre-

Referral Settlement Agreement for the violation of 16.61.33.9 NMAC to include the acceptance of a

Letter of Reprimand stating that respondent shall provide all documents. Member Foltz


Member Johnson made a MOTION in Case #19-03-09-020 for Respondent B (AB) to close with

Advisory Letter advising respondent to terminate contracts in writing. Member Foltz SECONDED

the motion. Motion PASSED by UNANIMOUS APPROVAL.

Member Johnson made a MOTION in Case #19-03-09-020 for Respondent C (QB) to close an

Advisory Letter. Member Foltz SECONDED the motion. Motion PASSED by UNANIMOUS

APPROVAL.

18. 19-04-01-021



19. 19-04-02-022

Member Johnson made a MOTION in Case #19-04-02-022 to refer to the Attorney General’s

Office for the issuance of a Notice of Contemplated Action. Member Foltz SECONDED the


20. 19-04-03-023



21. 19-04-04-024




22. 19-04-05-025



23. 19-04-09-029




May 18-19, 2020

Agenda of 14

24. 19-04-10-030

Member Johnson made a MOTION in Case #19-04-10-030 for Respondent A (AB) to close with an

Advisory Letter advising respondent to read covenants. Member Foltz SECONDED the motion.


Member Johnson made a MOTION in Case #19-04-10-030 for Respondent B (QB) to close with an



25. 19-04-11-031

Member Johnson made a MOTION in Case #19-04-11-031 for Respondent A (AB) to close with an



Member Johnson made a MOTION in Case #19-04-11-031 for Respondent B (QB) to close with an



26. 19-04-13-033



27. 19-04-14-034



28. 19-04-15-035

Member Johnson made a MOTION in Case #19-04-15-035 to table the matter for pending original


UNANIMOUS APPROVAL.

29. 19-04-16-036



30. 19-06-01-038



31. 19-06-02-039



UNANIMOUS APPROVAL.

32. 19-06-03-040



33. 19-06-05-042




May 18-19, 2020

Agenda of 14

34. 19-06-06-043




35. 19-06-07-044



36. 19-06-10-047



37. 19-06-12-049



38. 19-06-13-050

Member Johnson made a MOTION to close Case #19-06-13-050 for respondents. Member Foltz


39. 19-07-01-051



40. 19-07-03-053



41. 19-08-02-055


motion. Member Davis ABSTAINED. Motion PASSED.

42. 19-08-03-056




43. 19-08-04-057

Member Johnson made a MOTION to close Case #19-08-04-057 for all respondents with an

Advisory Letter advising respondents to check for permits when there is an addition. Member Foltz


44. 19-08-05-058




45. 19-08-09-062




May 18-19, 2020

Agenda of 14

46. 19-09-12-074



47. 19-09-13-075



48. 19-09-16-078




49. 19-09-17-079

Member Johnson made a MOTION in Case #19-09-17-079 to table. Member Foltz SECONDED


50. 19-09-18-080



51. 19-10-02-082



52. 19-10-03-083



53. 19-10-05-085



54. 19-10-07-087



55. 19-10-08-088



56. 19-10-09-089



57. 19-10-10-090



58. 19-11-01-091




May 18-19, 2020

Agenda of 14

59. 19-11-02-092



60. 19-11-06-096



61. 19-11-07-097



62. 19-12-01-098



63. 19-12-02-099



64. 19-12-04-101



65. 20-01-04-004



66. 20-01-05-005

Member Johnson made a MOTION in Case #20-01-05-005 to issue the license. Member Foltz


67. 20-02-02-008



UNANIMOUS APPROVAL.

68. 20-02-03-009



69. 20-02-07-013



70. 20-03-03-016




May 18-19, 2020

Agenda of 14

c) Settlement Agreements

1. 17-06-10-048 – Dale Kent Shaw

Member Johnson made a MOTION in Case #17-06-10-018 that Respondent may accept original

offer or go to hearing. Member Foltz SECONDED the motion. Motion PASSED by

UNANIMOUS APPROVAL.

2. 18-02-02-010 & 18-07-01-067 – Robert Bull

Member Johnson made a MOTION to accept the Settlement Agreement for Case #18-02-02-010 &

18-07-01-067. Member Foltz SECONDED the motion. Motion PASSED by UNANIMOUS

APPROVAL.

3. 18-05-01-039 and 18-05-02-040 – Jean Duran

Member Johnson made a MOTION to accept the Settlement Agreement for Case #18-05-01-039

and 18-05-02-040. Member Foltz SECONDED the motion. Motion PASSED by UNANIMOUS

APPROVAL.

4. 18-05-05-043 – Brant & Hanna

President Koether made a MOTION in Case #18-05-05-043 to reject Respondent’s counter-

proposal not to include a Letter of Reprimand, and offer the original terms of the Settlement

Agreement. Member Foltz SECONDED the motion. Member Johnson ABSTAINED. Motion

PASSED.

5. 18-07-03-069 – Stacy Ross

Member Johnson made a MOTION in Case #18-07-03-069 for Respondent Stacy Ross to reject and

proceed to hearing. Member Foltz SECONDED the motion. Motion PASSED by UNANIMOUS

APPROVAL.

6. 18-07-03-069 – Theresa McBee

Member Johnson made a MOTION in Case #18-07-03-069 for Respondent Theresa McBee to

accept the Settlement Agreement. Member Foltz SECONDED the motion. Motion PASSED by

UNANIMOUS APPROVAL.

7. 18-09-09-093

Member Johnson made a MOTION in Case #18-09-09-093 to accept. Member Foltz SECONDED


8. 18-11-09-117 AB

Member Johnson made a MOTION in Case #18-11-09-0117 AB to reject and go to hearing.


9. 18-11-09-117 QB

Member Johnson made a MOTION in Case #18-11-09-117 QB to table for clarification on the QB.


d) Default Order

18-09-10-094 – Scott Nary

Member Johnson made a MOTION in Case #18-09-10-094 to issue a Default Order. Member Foltz


e) Non-Compliance with Decision and Order

1. 16-06-03-038 – Thomas Keesing

Member Johnson made a MOTION in Case #16-06-03-038 to take no action. Member Foltz


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