IDAHO STATE BOARD OF REAL ESTATE APPRAISERS

Bureau of Occupational Licenses

1109 Main Street, Suite 220

Boise, Idaho

(208) 334-3233

Minutes of December 10, 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

                                                Dawn Hall, Deputy Bureau Chief

                                       Roger Hales, Administrative Attorney

                                       Mike Gilmore, Senior Deputy Attorney General

Dave Hotchkiss, Investigations Coordinator                                      

Maria Brown, Technical Records Specialist I

ALSO PRESENT:                  Daniel Bair

Meeting called to order by Board Chair, Paul Morgan at 9:04 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 10/15/2007 through 10/16/2007 minutes. 

Moved by Ms. Lentz to approve the 10/15/2007 through 10/16/2007 minutes as written.  Seconded by Mr. Bachmeier, motion carried.

FINANCIAL REPORT

Ms. Cory, Bureau Chief, introduced Dawn Hall to the Board. Ms. Hall is the Bureau’s new Deputy Bureau Chief.

Ms. Cory presented the financial report which indicates a balance of $115,152.59 as of 11/30/2007. 

INVESTIGATIVE REPORT

Mr. Hotchkiss, Investigations Coordinator, presented the investigative report to the Board. The Board asked for a report showing how many of the FY2008 cases currently at the Attorney General’s Office are related to continuing education.  Mr. Hotchkiss returned to the meeting with the information requested from the Board. Out of 67 cases, 32 are at the Attorney General’s Office. He will give the Board the actual continuing education numbers during the 2/11/2008 Board meeting.

The Board reviewed a letter from the respondent in disciplinary case REA-2007-7.  The respondent requested additional time to meet the specific continuing education requirement as outlined in the Board’s order. Following review, it was moved by Ms. Lentz to accept the request for an additional six months to complete the required 15 hour USPAP course.  Seconded by Mr. Nuhn, motion carried.

For Board Determination:

Case number REA-B6C-2-2007-170:  Following review, it was moved by Ms. Lentz to accept the Bureau’s recommendation for closure. Seconded by Mr. Bachmeier, motion carried. It was moved by Ms. Lentz to withdraw her motion until the Bureau receives verification of when the continuing education was taken. Seconded by Mr. Nuhn, motion carried.

Case number REA-B6C-2-2007-170:  Following review, it was moved by Ms. Lentz to approve the Bureau’s recommendation and to send an advisory letter that the Board does recognize the good faith effort and that in the future there will be a strict adherence to the continuing education requirement with regards to reinstatement.  Seconded by Mr. Moe, motion carried.

Case number REA-P4A-1-2007-47:  Following review, it was moved by Ms. Lentz to accept the Bureau’s recommendation for closure. Seconded by Mr. Bachmeier, motion carried.

Case number REA-P3-1-2007-51:  Following review, it was moved by Mr. Moe to accept the Bureau’s recommendation for closure. Seconded by Mr. Nuhn, motion carried.

Case number REA-P3-1-2007-57:  Following review, it was moved by Ms. Lentz to accept the Bureau’s recommendation for closure. Seconded by Mr. Nuhn, motion carried.

Case number REA-L3-3-2007-60:  Following review, it was moved by Mr. Nuhn to accept the Bureau’s recommendation for closure. Seconded by Ms. Lentz, motion carried.

Case number REA-P3-2-2007-66:  Following review, it was moved by Ms. Lentz to accept the Bureau’s recommendation for closure. Seconded by Mr. Bachmeier, motion carried.

Case number REA-P4C-2-2007-67:  Following review, it was moved by Mr. Nuhn to accept the Bureau’s recommendation for closure. Seconded by Mr. Bachmeier, motion carried.

Case number REA-L3-4-2007-72:  Following review, it was moved by Ms. Lentz to accept the Bureau’s recommendation for closure. Seconded by Mr. Bachmeier, motion carried.

Case number REA-P3-4-2007-150:  Following review, it was moved by Mr. Moe to accept the Bureau’s recommendation for closure. Seconded by Mr. Bachmeier, motion carried.

Case number REA-P3-4-2007-151:  Following review, it was moved by Ms. Lentz to accept the Bureau’s recommendation for closure. Seconded by Mr. Bachmeier, motion carried.

Case number REA-P2C-2-2007-174:  Following review, it was moved by Mr. Bachmeier to accept the Bureau’s recommendation for closure. Seconded by Mr. Moe, motion carried.

Case number REA-B6C-2-2008-5:  Following review, it was moved by Ms. Lentz to accept the Bureau’s recommendation for closure. Seconded by Mr. Moe, motion carried.

Case number REA-B6C-4-2008-57:  Following review, it was moved by Ms. Lentz to accept the Bureau’s recommendation for closure. Seconded by Mr. Bachmeier, motion carried.

FORMAL DISCIPLINARY ACTION:

Mr. Klein, Deputy Attorney General, presented to the Board a Stipulation and Consent Order for:  REA-2007-134.

It was moved by Ms. Lentz to accept the Consent Order REA-2007-134, and authorize the Board Chair to sign on behalf of the Board. Seconded by Mr. Nuhn, motion carried. 

Mr. Klein presented the Board a Stipulation and Consent Order for REA-2008-40.

It was moved by Ms. Lentz to accept the Consent Order REA-2008-40 and authorize the Board Chair to sign on behalf of the Board.  Seconded by Mr. Moe, motion carried.

Mr. Klein presented the Board a Stipulation and Consent Order for REA-2008-42.

It was moved by Ms. Lentz to accept the Consent Order for REA-2008-42 and authorize the Board Chair to sign on behalf of the Board.  Seconded by Mr. Nuhn, motion carried.

Mr. Klein presented the Board a Stipulation and Consent Order for REA-2008-46.

It was moved by Ms. Lentz to accept the Consent Order for REA-2008-46 and authorize the Board Chair to sign on behalf of the Board.  Seconded by Mr. Moe, motion carried.

Mr. Klein presented the Board a Stipulation and Consent Order for REA-2008-48.

It was moved by Ms. Lentz to accept the Consent Order for REA-2008-48 as a good faith effort. Respondent shall be required to pay costs in the amount of Two Hundred Fifty Dollars ($250), a fine in the amount of Two Hundred Fifty Dollars ($250), and bring continuing education current. It was also moved to authorize the Board Chair to sign on behalf of the Board.  Seconded by Mr. Moe, motion carried.

Mr. Klein presented the Board a Stipulation and Consent Order for REA-2008-61.

It was moved by Ms. Lentz to accept the Consent Order for REA-2008-61 as a good faith effort. Respondent shall be required to pay costs in the amount of Two Hundred Fifty Dollars ($250), a fine in the amount of Two Hundred Fifty Dollars ($250), and bring continuing education current. It was also moved to authorize the Board Chair to sign on behalf of the Board.  Seconded by Mr. Moe, motion carried.

Mr. Klein presented the Board a Stipulation and Consent Order for REA-2008-55.

It was moved by Ms. Lentz to accept the Consent Order for REA-2008-55 as a good faith effort. Respondent shall be required to pay costs in the amount of Two Hundred Fifty Dollars ($250), a fine in the amount of Two Hundred Fifty Dollars ($250), and bring continuing education current. It was also moved to authorize the Board Chair to sign on behalf of the Board.  Seconded by Mr. Moe, motion carried.

Mr. Klein presented the Board a Stipulation and Consent Order for REA-2008-43.

Mr. Moe recused himself from discussion and voting on case number REA-2008-43.

It was moved by Ms. Lentz to accept the Consent Order for REA-2008-43 as a good faith effort. Respondent shall be required to pay costs in the amount of Two Hundred Fifty Dollars ($250), a fine in the amount of Two Hundred Fifty Dollars ($250), and bring continuing education current. It was also moved to authorize the Board Chair to sign on behalf of the Board.  Seconded by Mr. Nuhn, motion carried.

Mr. Klein presented the Board a Stipulation and Consent Orders for REA-2005-7 and REA-2008-24.

Mr. Morgan recused himself from discussion and voting on case numbers REA-2005-7 and REA-2008-24.

It was moved by Ms. Lentz to accept the Consent Order for REA-2005-7 and

REA-2008-24 and authorize the Vice Chair to sign on behalf of the Board.  Seconded by Mr. Nuhn, motion carried.

OPEN MEETING LAW

Mr. Hales, Administrative Attorney, presented the Board with the Open Meeting Law Manual and went over its contents.

CORRESPONDENCE

Mr. Hales presented the Board with a letter from Mr. David Lincoln, attorney for Mr.  Larry Knapp. Mr. Lincoln questioned the requirement of posting continuing education discipline to the Real Estate Appraisers website. Mr. Hales stated that the stipulation and consent order clearly states that this is a resolution of a contested case and is a public record. The stipulation and consent order is a formal matter and a public record. Mr. Hales noted that the only option for the Board at this point is to possibly allow Mr. Knapp to withdraw his stipulation. The Board noted that the Appraisal Subcommittee has made it clear that non compliance for continuing education must be posted on the Idaho Real Estate Appraiser website and be submitted for the National Registry. The letters from the Appraisal Subcommittee with regard to this are posted on the website for anyone to read. The Board directed staff to ask the ASC for clarification in regard to good faith efforts. Ms. Lentz suggested separating the discipline on the website to list appraisers who were disciplined based on the good faith effort separate from all other discipline posted. The Board would like to wait to make any changes until they receive the clarification from the ASC.

It was moved by Ms. Lentz to direct staff to contact the Appraisal Subcommittee for clarification in regard to posting the names of individuals who were not in compliance for continuing education due to a good faith effort, and that the Attorney General’s Office respond to Mr. Knapp in writing that the Board is researching this issue and will hold off on posting his name to the Real Estate Appraisers website until they hear back form the Subcommittee. Seconded by Mr. Nuhn, motion carried.

The Board discussed a letter from Mr. Kyle Kunz. The Board directed staff to draft a response letter to Mr. Kunz noting that the Board has determined the two (2) courses listed in his letter are non-residential courses. They noted that the courses would count for licensure, as long as the additional courses submitted with his application met Idaho’s 2007 educational requirements. The Board secretary will respond to Mr. Kunz’s letter with the Board’s decision, noting Rule 400.01 in the letter.

FUTURE BOARD MEETINGS

The Board added the following dates to the 2008 Board meeting schedule:

February 11, 2008

October 20, 2008

The Board asked staff to e-mail the Board meeting schedule for 2008 to the Board.

RENEWAL FORM

The Board reviewed the revised renewal from. The Board asked that “approved continuing education” be added to the form.

FUTURE AGENDAS

The Board asked staff to include the item, “Log Report”, on all future agendas under Mr. Hetrick’s name. The Board would like to track this system better.

TO DO LIST

* The Board reviewed the To Do List and asked staff to send Mr. Morse another

e-mail requesting the status of the letter to the AQB with the Board’s concerns.

* The Board would like the applications for examination to be more distinguishable.   They would like to simply be able to tell if it is a new application, or an application that the Board had already reviewed, but is pending further information.

* When selecting work samples, the Board would like staff to only select one multi- family report.

TRAVEL VOUCHERS

It was moved by Ms. Lentz to approve the rental car expense for Mr. Nuhn during the 11/19/2007 Board meeting. Seconded by Mr. Bachmeier, motion carried.

PROPOSED 2009 RULE CHANGES

The Board would like to propose a rule allowing Board members to count Board meetings as continuing education.

CE AUDIT

The Board reviewed CE Audits from 10/5/2007, 11/6/2007, and reinstatement audits.

PROVIDER APPLICATIONS

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

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

Moved by Mr. Bachmeier that the Board enter regular session. Ayes, Mr. Nuhn,

Mr. Morgan, Mr. Moe, and Ms. Lentz, motion carried.

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

Steven W. Ellis LRA

Terri Hartman CRA

Dennis Gene Henderson CRA

Steven Warder LRA

Rodney M. Tovey CRA

Jeramy R. Dixon CRA

Barbara Shatto CRA

Seconded by Mr. Moe, motion carried.

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

901065797

901042423

901039894

901067062

901047937

901056692

901057396

901042517

901055096

901098580

901042520

901025231

901073991

901074065

901092733

901042582

901049730

901047167

901073812

901054984

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