IDAHO STATE BOARD OF REAL ESTATE APPRAISERS

Bureau of Occupational Licenses

1109 Main Street, Suite 220

Boise, Idaho

(208) 334-3233

Minutes of February 11, 2008

 BOARD MEMBERS             Paul J. Morgan – Chair

 PRESENT:                             Stanley Moe, Board Member

                                                Rick Bachmeier, Board Member

                                                Patricia Lentz, Board Member

            Kenneth Nuhn, Board Member

BUREAU STAFF:                   Tana Cory, Bureau Chief

                                                Budd Hetrick, Deputy Bureau Chief

                                                Dawn Hall, Deputy Bureau Chief

                                       Roger Hales, Administrative Attorney

                                       Mike Gilmore, Senior Deputy Attorney General

Maria Brown, Technical Records Specialist I

ALSO PRESENT:                   Lynnette Judson

                                                Stephen Bellem

                                                James Engler

                                                Bill Polfer

Meeting called to order by Board Chair, Paul Morgan at 8:54 a.m.

MINUTES

The Board reviewed the 11/19/2007, 12/10/2007, and 12/27/2007 minutes. 

Moved by Ms. Lentz to approve the 11/19/2007, 12/10/2007, and 12/27/2007 minutes with amendments.  Seconded by Mr. Moe, motion carried.

LEGISLATIVE REPORT

Ms. Tana Cory, Bureau Chief, gave the Legislative Report. The proposed rules for the Real Estate Appraiser Board have all passed. 

FINANCIAL REPORT

Mr. Budd Hetrick, Deputy Bureau Chief, presented the financial report which indicates a cash balance of $124,113.55 as of 2/11/2008. The operating percentage has increased due to legal issues currently being resolved. The cost for a pro-review has increased.

DISCIPLINARY LOG

The Board presented the procedure for handling the disciplinary logs. When a log is submitted to the Bureau, the Bureau is to forward it to the Board member assigned to review that particular log. The reviewer will then select an appraisal from the log and ask the Bureau to send the licensee a request in writing asking for a copy of the selected appraisal. Once the Bureau receives the appraisal, they will forward it to the reviewer. If the appraiser does not submit the requested appraisal, the Bureau will notify the Attorney General’s Office.

The Board asked staff to present a status report during each Board meeting listing appraisers who are on probation and are required to submit disciplinary logs. Mr. Hetrick stated that this report does take several hours to generate, but that staff will put this report together for each Board meeting hereafter.

FORMAL DISCIPLINARY ACTION:

Mr. Mike Gilmore, Deputy Attorney General, presented a recommendation for case: 

REA-2007-140.  After review the Board presented their recommendations to the Office of the Attorney General.

Mr. Gilmore presented a recommendation for case:  REA-2007-141.  After review the Board presented their recommendations to the Office of the Attorney General.

Mr. Gilmore presented the Board a Stipulation and Consent Order for REA-2007-77.

It was moved by Ms. Lentz to accept the Consent Order REA-2007-77 and authorize the Board Chair to sign on behalf of the Board.  Seconded by Mr. Nuhn, motion carried.

INVESTIGATIVE REPORT

Mr. Hetrick presented the investigative report to the Board. The report has been revised to include more information.

For Board Determination:

Case number 1-REA-2006-15:  Following review, it was moved by Mr. Moe to accept the Bureau’s recommendation for closure. Seconded by Mr. Nuhn, motion carried.

Case number 1-REA-2007-56:  Following review, it was moved by Mr. Nuhn to approve the Bureau’s recommendation for closure. Seconded by Mr. Moe, motion carried.

Case number 1-REA-2007-59:  Following review, it was moved by Mr. Moe to accept the Bureau’s recommendation for closure. Seconded by Mr. Nuhn, motion carried.

Case number 1-REA-2007-61:  Following review, it was moved by Mr. Moe to accept the Bureau’s recommendation for closure with an advisory letter to pay closer attention to USPAP. Seconded by Mr. Bachmeier, motion carried.

Case number 1-REA-2007-65:  Following review, it was moved by Mr. Moe to accept the Bureau’s recommendation for closure. Seconded by Mr. Bachmeier, motion carried.

Case number 1-REA-2007-158:  Following review, it was moved by Mr. Moe to accept the Bureau’s recommendation for closure. Seconded by Ms. Lentz, motion carried.

Case number 1- REA-2007-166:  Following review, it was moved by Ms. Lentz to accept the Bureau’s recommendation for closure. Seconded by Mr. Bachmeier, motion carried.

Case number 1-REA-2008-45 & 46:  Following review, it was moved by Ms. Lentz to accept the Bureau’s recommendation for closure. Seconded by Mr. Nuhn, motion carried.

The Board reviewed a letter from the respondent in disciplinary case REA-2007-11.  It was moved my Mr. Moe to approve the courses that Mr. Mayer has completed as fulfilling the requirements in the consent order. Seconded by Mr. Nuhn, motion carried.

PRE-LICENSURE EDUCATION

James Engler presented the Board with education that he has completed and asked the Board to approve it for upgrading his license. The Board stated that they do not review education unless an application has been submitted and fees have been paid. The Board will not give preapproval for education. They directed Mr. Engler to the rules which outline the requirements for licensure.

CORRESPONDENCE

Mr. Roger Hales, Administrative Attorney, presented the Petition to Withdraw Consent Order and for Expungement of Record for case #REA-2007-114.

It was moved by Ms. Lentz to approve the Petition to Withdraw Consent Order and for Expungement of Record for case #REA-2007-114. Seconded by Mr. Nuhn, motion carried.

Mr. Hales presented a follow up to the request by Mr. Knapp, CGA-50, to remove his name and license number from the disciplinary list on the Board’s website.

The Board has asked the Appraisal Subcommittee for clarification on the federal requirement to list the names of individuals who are noncompliant with continuing education. The Board will address this issue with the Appraisal Subcommittee’s comments during the April Board meeting.

The Board reviewed an e-mail from Mr. Steve Bradford, a California Real Estate Appraiser. The Board directed staff to draft a letter outlining Idaho’s rules and the segmented approach.

The Board reviewed a letter from Mr. Wade Massey, CRA-1891. The Board would like a copy of the letter forwarded to the Investigative Unit and added to Mr. Massey’s file along with the applicant’s file referred to in the letter.

The Board reviewed a letter from Mr. Milon Neilson, CRA-786. The Board would like the letter and transcripts forwarded to the Attorney General’s Office for their review.

PEARSON VUE

The Board reviewed the new Pearson Vue examination certificates.

APPLICATION MATRIXES

The Board reviewed application matrixes. The applicant will now be required to complete the matrix for each course taken for pre-licensure.

It was moved by Ms. Lentz to approve and include the matrixes for Registered Trainee, Licensed Residential Appraiser, Certified Residential Appraiser, and Certified General Appraiser applications. Seconded by Mr. Moe, motion carried.

SPRING AARO CONFERNECE

Moved by Ms. Lentz to send Mr. Morgan, and Mrs. Maria Brown, Board secretary, to the AARO conference and pay travel expenses. Seconded by Mr. Bachmeier, motion carried.

FUTURE BOARD MEETINGS

The Board agreed to change the April Board meeting to 04/21/2008 and not meet on 04/14/2008.

RENEWAL FORM

The Board reviewed and approved the revised renewal form.

PROPOSED 2009 RULE CHANGES

The Board reviewed proposed rules for 2009 and asked Mr. Roger Hales to draft each of the rules.

OLD BUSINESS

The Board discussed the status of the reciprocal agreement between Montana and Idaho. Mr. Roger Hales will contact the Montana Board’s attorney for an update.

CONSERVATION EASEMENT

The Board reviewed new rules in the State of Colorado regarding conservation easement.

TEMPORARY RULE

It was moved by Ms. Lentz to submit a USPAP 2008 temporary rule to the Governor’s Office as soon as possible to go into effect as soon as possible. Seconded by Mr. Bachmeier, motion carried.

CE AUDITS

The Board reviewed continuing education audits.

PROVIDER APPLICATIONS

The Board reviewed the following provider course applications:

  LINCOLN GRADUATE CENTER

  NATIONAL 2008 USPAP COURSE

  NATIONAL USPAP UPDATE 2008 COURSE

  LIGHTWORKS INSTITUTE LLC

  APPLICATIONS AND CASE STUDIES FOR UNIQUE AND COMPLEX

  PROPERTIES

  WACHOVIA APPRAISAL TRAINING

  SECONDARY MARKET APPRAISAL TRAINING - UNDERSTANDING THE

  APPRAISERS RESPONSIBILITY

  CONSTRUCTION TO PERMANENT APPRAISAL PROCESS

It was moved by Ms. Lentz to approve the listed courses. Seconded by Mr. Bachmeier, motion carried. Specific course descriptions can be found on the Idaho Real Estate Appraiser website.

It was moved by Ms. Lentz to approve 60 of the 75 hours of the “Real Estate Appraisal Pre-licensure Course” offered by Executrain, and to separate the course by course title, Basic Appraisal Procedures, and Basic Appraisal Principles. Seconded by Mr. Bachmeier, 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:  

Ryan Rasmussen CRA

Erin Brady CGA

Linnea Chidester LRA

Derek Howell LRA

Lynn Peterson CRA

Kathleen O’Neil CRA

Laura Ward LRA

Matthew Bilger CGA

Hilary Hernandez LRA

Michelle Cappo CGA

Jefferson Atwood CRA

Mark Paljetak CRA

Jordan Jensen LRA

Seconded by Mr. Moe, motion carried.

Moved by Mr. Bachmeier to deny the following applicants pending further information.

901098923

901071194

901039894

901098580

901042517

901064851

901024971

901058237

901063507

901075823

901042582

901038770

901048739

901042423

901042248

901056692

901061217

901074344

901067304

901051315

901047167

901092733

901089429

Seconded by Mr. Moe, motion carried.

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