Bureau of Occupational Licenses
700 West State Street, P.O. Box 83720
Boise, ID 83720-0063
Conference Call Minutes of 1/28/2011
BOARD
MEMBERS PRESENT: Gary Van Hees -
Chair
Richard B. Davies
Jay T Hill
James
Lehman
BOARD MEMBERS ABSENT: Mike Warner
BUREAU STAFF: Tana Cory, Bureau Chief
Lori
Peel, Investigative Unit Manager
Mary
Miles, Technical Records Specialist I
The
meeting was called to order at 9:00 AM MST
by Gary Van Hees.
APPROVAL OF MINUTES
A motion was made by Mr.
Hill to approve the minutes of December 8, 2010. Seconded by Mr. Lehman, motion
carried.
LEGISLATIVE REPORT
Mr. VanHees stated that the
rules were presented to the Senate Commerce and Human Resources Committee on
January 20, 2011. The committee voted to accept the rules. The rules are
scheduled to be presented to the House Business Barbieri Subcommittee on
Monday, January 31, 2011.
FINANCIAL REPORT
Ms Peel presented the
financial report. As of December 31, 2010, the Board’s balance was ($146,543.58).
The revenue was $37,634.47 and the expenditures were $36,288.00.
Ms. Peel presented the
investigative report.
For Board Determination:
I-LPG-2008-14 Respondent
failed four inspections, and this file was referred to the AG’s Office in March
2009. After a formal administrative
complaint was filed, Respondent had the supplier remove the propane dispenser
and Respondent stated that he is no longer filling propane. Therefore, IBOL recommends that the Board
dismiss the administrative complaint and authorize closure.
A motion was made by Mr.
Lehman to authorize closure of case I-LPG-2008-14. Seconded by Mr. Davies,
motion carried.
I-LPG-2010-13 Respondent
failed two inspections on 1/6/10 and 7/7/10.
In August 2010, the facility was sold, and the new owners have since
brought the facility into compliance.
IBOL recommends that the Board authorize closure.
A motion was made by Mr.
Davies to authorize closure of case I-LPG-2010-13. Seconded by Mr. Hill, motion
carried.
I-LPG-2010-20 During an
inspection, the investigator discovered that Respondent’s license had expired
and had not been renewed. Respondent
subsequently renewed its license. IBOL
recommends that the Board authorize closure with a warning letter to Respondent
regarding timely renewal.
A motion was made by Mr. Hill
to authorize closure of case I-LPG-2010-20 and send a warning letter regarding
a timely renewal. Seconded by Mr. Lehman, motion carried.
I-LPG-2010-25 During an
inspection, the investigator discovered that Respondent’s license had expired
and had not been renewed. The license was renewed after the inspection;
however, a follow-up inspection resulted in two failing inspections. Respondent subsequently informed IBOL that it
is no longer dispensing propane and requested that its license be placed out of
business. IBOL recommends that the Board
authorize closure.
A motion was made by Mr. Lehman
to authorize closure of case I-LPG-2010-25. Seconded by Mr. Hill, motion
carried.
I-LPG-2011-9, I-LPG-2011-32,
and I-LPG-2011-36 An investigator discovered Respondent dispensing LPG without
a license. IBOL records reflect that
Respondent is now licensed. IBOL
recommends the Board authorize closure.
A motion was made by Mr.
Davies to authorize closure of cases I-LPG-2011-9, I-LPG-2011-32, and I-LPG-2011-36.
Seconded by Mr. Lehman, motion carried.
I-LPG-2011-24 An inspection
of Respondent’s large facility revealed an active leak from a coupler and
hydrostatic valve, resulting in an automatic failure. Respondent advised the
investigator that the leaks would be repaired immediately. A follow-up
inspection was conducted 15 days later and revealed that the only remaining
active leak was from the hydrostatic valve. Respondent stated that the valve
was on order and that the repair would take more than 60 days. The investigator
could still detect the odor and hear an active leak. The investigator then
contacted the local fire authority, and the local fire authority advised Respondent
to make immediate repairs. Ten days
later the investigator was advised that the repairs had been made, and the
investigator conducted a third inspection which resulted in an “A” card for the
facility. Based on Respondent’s repairs
and passing the third inspection, IBOL recommends the Board authorize closure.
A motion was made by Mr.
Hill to authorize closure of case I-LPG-2011-24. Seconded by Mr. Lehman, motion
carried.
I-LPG-2011-28 During an
inspection on 9/13/10, the investigator discovered that R’s license had expired
on 10/26/08 and had not been renewed. Respondent,
who maintains another license for another facility, informed the investigator
that he believed he did not have to have a separate license for the facility
that was inspected. Respondent
subsequently renewed its license on 9/15/10.
IBOL recommends that the Board authorize closure with a warning letter
to Respondent regarding timely renewal.
A motion was made by Mr.
Lehman to authorize closure of case I-LPG-2011-28 and send a warning letter
regarding a timely renewal. Seconded by Mr. Hill, motion carried.
I-LPG-2011-30 Respondent
failed two inspections because there was no 18-lb. fire extinguisher at the
facility. Shortly after the second
failed inspection, Respondent called the investigator and stated that he had obtained
a fire extinguisher. The next time an
investigator was in the area, the investigator verified that a fire
extinguisher was on the premises. IBOL
recommends that the Board authorize closure.
A motion was made by Mr.
Davies to authorize closure of case I-LPG-2011-30. Seconded by Mr. Lehman,
motion carried.
I-LPG-2011-37 During an
inspection, the investigator discovered that Respondent’s license was expired
and had not been renewed. Investigation
revealed that R attempted to renew the license but failed to provide a copy of
current liability insurance. In response
to a letter from IBOL, Respondent provided the insurance certificate and Respondent’s
license was renewed. Based on Respondent’s
compliance, IBOL recommends that the Board authorize closure.
A motion was made by Mr.
Hill to authorize closure of case I-LPG-2011-37. Seconded by Mr. Lehman, motion
carried.
I-LPG-2011-38 An
investigator discovered Respondent advertising propane and a dispenser at the
store without a license. Although the
store was closed, the investigator left a card explaining the need for
licensure, and the following day IBOL sent a letter to Respondent. Respondent failed
to submit an application for licensure or otherwise respond to communication
attempts; therefore, IBOL forwarded the matter to the local prosecuting
attorney. IBOL recommends that the Board
authorize closure.
A motion was made by Mr.
Hill to authorize closure of case I-LPG-2011-38. Seconded by Mr. Lehman, motion
carried.
INSPECTIONS
Ms. Peel reviewed the
inspection report with the Board members. Mr. Davies and Mr. Hill will research
“remote meters” and report to the Board at the next meeting.
FACILITIY APPLICATION INSTRUCTIONS
The Board reviewed and
discussed the proposed facility application instructions.
A motion was made by Mr.
Hill to approve the proposed facility instructions. Seconded by Mr. Davies,
motion carried.
INSURANCE AUDIT LETTER
The Board reviewed and
discussed the proposed insurance audit letter.
A motion was made by Mr. Lehman
to approve the proposed insurance audit letter. Seconded by Mr. Davies, motion
carried.
A motion was made by Mr.
Hill to do an insurance audit on 50% of facility licenses for 2011. Seconded by
Mr. Lehman, motion carried.
CEPT TRAINING UPDATE
Mr. Davies presented an
update regarding the CETP training and he will notify Ms. Peel of the final
arrangements.
EXECUTIVE SESSION
Mr.
Hill made the motion that the Board enter executive session, under Idaho Code §
67-2345(1) (d), to consider records that are exempt from disclosure under the
Idaho Public Records Law. The purpose of the executive session will be to
consider license application materials. Seconded by Mr. Lehman, motion carried.
The votes were: Mr. Lehman; aye, Mr. Davies; aye, Mr. Hill; aye, and Mr. Van
Hees; aye.
A
motion was made by Mr. Hill to come out of executive session. Seconded by Mr.
Lehman, motion carried. . The votes were: Mr. Lehman; aye, Mr. Davies; aye, Mr.
Hill; aye, and Mr. Van Hees; aye.
.
A motion was made by Mr.
Lehman to approve 11 facility applications for licensure. Seconded by Mr. Hill,
motion carried.
APPLICATIONS
Approved for Licensure
STITES GROCERY PGF-696
PIERCE HARDWARE PGF-779
ISN CORPORATION DBA 41
EXPRESS CONOCO PGF-816
ADYS CONVENIENCE &
CAR WASH PGF-822
ACE HARDWARE PGF-824
COOPERATIVE SUPPLY INC -
CDA PGF-829
COOPERATIVE SUPPLY INC -
COOPERATIVE SUPPLY INC -
ST. MARIES PGF-831
CASCADE BUILDING SUPPLY
INC PGF-832
VALLEY WIDE COOPERATIVE
PROPANE -
NEXT MEETING
March 31, 2011
ADJOURNMENT
A
motion was made by Mr. Hill to adjourn at 10:40 AM. Seconded by Mr. Lehman,
motion carried.
_________________________________ _________________________________
Gary
Van Hees, Chair Richard B. Davies
_________________________________ _________________________________
Jay
T Hill James Lehman
_________________________________ _________________________________
Mike Warner Tana Cory, Bureau Chief