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Miller v. Iowa Real Estate Commission

Court of Appeal of Iowa

June 12, 2013

ARDITH E. MILLER, Broker d/b/a WILD KINGDOM FINANCIAL SERVICES, Plaintiff-Appellant,
v.
IOWA REAL ESTATE COMMISSION, Defendant-Appellee.

Appeal from the Iowa District Court for Floyd County, Rustin T. Davenport, Judge.

Ardith Miller seeks judicial review from a district court decision affirming the Iowa Real Estate Commission's imposition of a civil penalty for her failure to maintain uninterrupted insurance coverage.

Judith O'Donohoe of Elwood, O'Donohoe, Braun & White, L.L.P., Charles City, for appellant.

Thomas J. Miller, Attorney General, and John R. Lundquist, Assistant Attorney General, Des Moines, for appellee.

Considered by Doyle, P.J., and Danilson and Mullins, JJ.

MULLINS, J.

Ardith Miller seeks judicial review from a district court decision affirming the Iowa Real Estate Commission's imposition of a $1000 civil penalty for her failure to maintain uninterrupted errors and omissions insurance coverage. In its thorough and well-reasoned decision, the district court found substantial evidence supported the agency's finding that there was a twenty-four-day gap in insurance coverage. The district court further found that the agency's imposition of a $1000 civil penalty was not an abuse of discretion. We are called upon to determine whether substantial evidence supports the agency's findings and whether the sanction was appropriate. Upon our review of the record and the briefs of the parties, we affirm the decision of the district court without opinion, pursuant to Iowa Rule of Appellate Procedure 6.1203(a) and (d).

AFFIRMED.


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