IDAHO STATE BOARD OF REAL ESTATE APPRAISERS

Bureau of Occupational Licenses

1109 Main Street, Suite 220

Boise, Idaho

(208) 334-3233

Minutes of November 19, 2007

 BOARD MEMBERS:             Paul J. Morgan – Chair

                                                Stanley Moe, Board Member

                                                Rick Bachmeier, Board Member

                                                Patricia Lentz, Board Member

            Kenneth Nuhn, Board Member

BUREAU STAFF:                   Tana Cory, Bureau Chief

                                       Roger Hales, Administrative Attorney

                                       Mike Gilmore, Senior Deputy Attorney General

                                       Maria Brown, Technical Records Specialist I

ALSO PRESENT:                    Russell R. Wallace

                                                Cindy Longnecker Allen

Meeting called to order by Board Chair, Paul Morgan at 9:00 a.m.

ROLL CALL

Paul J. Morgan - Present

Stanley Moe- Present

Rick Bachmeier- Present

Patricia Lentz- Present

Kenneth Nuhn- Present

MINUTES

The Board reviewed the 10/30/2007 minutes. 

Moved by Ms. Lentz to approve the 10/30/2007 minutes as written.  Seconded by

Mr. Nuhn, motion carried.

FORMAL DISCIPLINARY ACTION:

Mr. Gilmore, Senior Deputy Attorney General, presented to the Board a Stipulation and Consent Order for:  REA-2007-115, REA-2008-013, REA-2008-014, REA-2008-015, REA-2008-026, and REA-2008-032. 

It was moved by Ms. Lentz to accept the Consent Orders REA-2007-115, REA-2008-013, REA-2008-014, REA-2008-015, REA-2008-026, and REA-2008-032 and authorize the Board Chair to sign on behalf of the Board. Seconded by Mr. Bachmeier, motion carried. 

Mr. Gilmore presented to the Board a Stipulation and Consent Order for:  REA-2007-048, REA-2008-137, REA-2008-004, REA-2008-016, REA-2008-023, and REA-2008-030, REA-2008-044, REA-2008-045, and REA-2008-052. 

It was moved by Ms. Lentz to accept the Consent Orders REA-2007-048, REA-2008-137, REA-2008-004, REA-2008-016, REA-2008-023, and REA-2008-030, REA-2008-044, REA-2008-045, and REA-2008-052 and authorize the Board Chair to sign on behalf of the Board. Seconded by Mr. Bachmeier, motion carried. 

Mr. Gilmore presented to the Board a Stipulation and Consent Order for REA-2008-012.

It was moved by Ms. Lentz to accept the Consent Order REA-2008-012 and authorize the Board Chair to sign on behalf of the Board. Seconded by Mr. Moe, motion carried.

Mr. Gilmore presented to the Board a Stipulation and Consent Order for REA-2007-052.

It was moved by Ms. Lentz to accept the Consent Order REA-2007-052 and authorize the Board Chair to sign on behalf of the Board. Seconded by Mr. Moe, motion carried. 

It was moved by Mr. Moe that all future disciplinary cases, with the exception of continuing education, require that courses be taken in a classroom face-to-face. Seconded by Mr. Nuhn, motion carried.

MITIGATION HEARINGS

Roger Hales, Administrative Attorney, discussed the Findings of Fact, Conclusions of Law, and Recommended Orders issued by the hearing officer for Case Number REA-2007-63.

APPRAISAL QUALIFICATIONS BOARD (AQB)

The Board requested that all current correspondence be added to the Idaho Real Estate Appraiser website.

EXPERIENCE LOG INSTRUCTIONS

The Board directed staff to update the Experience Log Instructions to include the following statement: If you are applying for a CGA License and have not been previously licensed in Idaho as an LRA or CRA, you must log commercial and residential appraiser experience. Your application will be processed and a letter will be sent to you requesting a commercial and residential work sample.

PROMISSOR

The Board reviewed a letter sent from Promissor advising their name change to Pearson Vue effective 1/1/2008.

CORRESPONDENCE

The Board discussed a letter from Mr. Kyle Kunz. The Board directed the staff to draft a response letter to Mr. Kunz noting that the Board has determined that the courses previously approved for his licensure may be used for upgrading that license, but the additional courses will be reviewed upon submission of an application.

The Board discussed an e-mail from Mr. David Langhorst. The Board directed staff to draft a response letter to Mr. Langhorst noting that the Board is aware of the situation regarding the influencing of appraisers, and that the Federal Government is currently in the process of amending FIRREA. The letter should include a copy of the article which addresses the topic of concern and action being taken in the State of California. Mr. Moe will review the response letter before it is sent.

The Board discussed a letter from Ms. Charlene Tovey. The Board stated that the course Ms. Tovey is requesting credit for is not on Idaho’s Board approved list, nor is it on the AQB list of approved courses.

The Board discussed a letter from Mr. Adam Cuneo. The Board directed staff to draft a response letter to Mr. Cuneo. Mr. Moe will review before sending. The Board determined that although they empathized with the trainee’s situation, the rule is clear. Only experience claimed under a current Registered Trainee Permit may count towards licensure as stated in Rule 250.02.b. The Board must adhere to the rules and does not have the authority to rule against them. The law does allow Mr. Cuneo to assist a licensed Idaho appraiser as a non-licensed trainee, without claiming the experience.

Mr. Hales presented a letter to the Board from Mr. David Leroy, attorney for Mr. John Hennessey.

EXECUTIVE SESSION

Moved by Mr. Moe that the Board enter executive session to discuss stipulations and consent orders exempt from public disclosure per 9-340C, Idaho Code.  Ayes, Ms. Lentz, Mr. Nuhn, Mr. Morgan, and Mr. Bachmeier, motion carried.

Moved by Ms. Lentz that the Board enter regular session.  Seconded by Mr. Moe, motion carried.

MITIGATION HEARINGS

REA-2007-63:  Moved by Ms. Lentz to adopt the Hearing Officers Findings of Fact and Conclusions of Law in the matter of Denise French, License No. LRA-220.  That Respondent shall be required to pay the costs in the amount of Two Hundred Fifty Dollars ($250), a fine in the amount of Two Hundred Fifty Dollars ($250), and make up the continuing education.  Seconded by Mr. Moe, motion carried.

DISCIPLINARY LOGS 

Board would like a Board member to continue monitoring disciplinary logs. The Board discussed the procedure for reviewing logs due to discipline.

Mr. Hales explained that the purpose of reviewing the logs is to educate the appraiser of any items of concern found within the logs for which the individual was disciplined for. He stated that if Ms. Lentz sees the same violation as what the respondent is being disciplined for within a report, she should notify Mr. Hetrick who will notify the Attorney General’s Office.

BOARD MEETINGS FOR 2008

February 11, 2008

April 14, 2008

June 16, 2008

August 11, 2008

October 20, 2008

December 8, 2008

DEPRECIATION CALCULATION EXAMPLE

Mr. Bachmeier presented the updated Depreciation Calculation Example.

Moved by Mr. Bachmeier to add the updated Depreciation Calculation Example to the Jurisprudence Examination. Seconded by Ms. Lentz, motion carried.

CE AUDIT

Board reviewed CE Audits from 9/6/2007, and reinstatement audits.

PROVIDER APPLICATIONS

The Board reviewed the following provider course applications for continuing education approval:

It was moved by Ms. Lentz that the Board approve the listed courses. Seconded by Mr. Moe, motion carried.

It was moved by Ms. Lentz that the Board deny the Columbia Institute course titled, “Intro to Commercial Appraising.” Seconded by Mr. Moe, motion carried.

EXECUTIVE SESSION

Moved by Ms. Lentz that the Board enter executive session to review applications which are exempt from public disclosure per Idaho Code 67-2345 (1) (d).  Ayes, Mr. Nuhn,

Mr. Morgan, Mr. Bachmeier, and Mr. Moe, motion carried.

Moved by Mr. Nuhn that the Board enter regular session.  Seconded by Mr. Bachmeier, motion carried.

Moved by Ms. Lentz to approve the following applicants for examination:    

Renee Schaefer CGA

Randy Jennings LRA

Rochelle Cvitanich CRA

Melinda Abrenilla CRA

James Davis CRA

Brian Theiler CRA

Stuart Donerkiel CRA

Cindy Allen-Longnecker CRA

Joshua Felton CGA

Michael Nancolas CRA

Ryan Rasmussen LRA

Amber Brennan LRA

Zachary Moore CGA

Richard Rasmussen CRA

James Widmeyer CRA

Micah Cranney CRA

Scott Watson CRA

Russell Wallace CRA

June Gregg CRA

Kerri Corlett CRA

Christos Fillios LRA

Seconded by Mr. Moe, motion carried.

Moved by Mr. Bachmeier to deny the remaining applicants pending further information. Seconded by Mr. Moe, motion carried.

The Board meeting adjourned at 4:45 p.m.