IDAHO REAL ESTATE APPRAISER BOARD

Bureau of Occupational Licenses

1109 Main Street, Suite 220

Boise, ID 83702-5642 

Board Meeting Minutes of 4/21/2008

BOARD MEMBERS PRESENT:  Paul J. Morgan - Chair

                                                             Stanley D. Moe

                                                             Kenneth W Nuhn

                                                             Rick Alan Bachmeier

BOARD MEMBERS ABSENT:    Patricia Lentz

BUREAU STAFF:                           Tana Cory, Bureau Chief

                                                            Dawn Hall, Deputy Bureau Chief

                                                            Roger Hales, Administrative Attorney

                                                            Mike Gilmore, Deputy Attorney General

                                                            Marcie McGinty, Appeals Hearing Tech

                                                            Dave Hotchkiss, Investigations Coordinator

                                                            Maria Brown, Technical Records Specialist

OTHERS PRESENT:                     James Randall

                                                            Bryan Blackwood

                                                            Steve Bellem

                                                            Bill Polfer

                                                            Chris Blomquist

Meeting was called to order at 9:00 AM MDT by Paul J. Morgan.

APPROVAL OF MINUTES

The Board reviewed the 2/11/2008 minutes. 

It was moved by Mr. Bachmeier to approve the 2/11/2008 minutes as written.  Seconded by Mr. Nuhn, motion carried.

LEGISLATIVE REPORT

Ms. Tana Cory, Bureau Chief, gave the legislative report. The proposed rules and laws for the Real Estate Appraiser Board have all passed the House and Senate. 

FINANCIAL REPORT

Ms. Dawn Hall, Deputy Bureau Chief, presented the financial report which indicates a cash balance of $115,120.91 as of 3/31/2008. Financial Report Link

FORMAL DISCIPLINARY ACTION

Mr. Mike Gilmore, Deputy Attorney General, presented the Board a Stipulation and Consent Order for REA-2007-140.

It was moved by Mr. Nuhn to accept the Consent Order for REA-2007-140 and authorize the Board Chair to sign on behalf of the Board.  Seconded by Mr. Bachmeier, motion carried.

Mr. Gilmore presented a memorandum for case REA-2007-144.  After review the Board presented their recommendations to the Office of the Attorney General.

Mr. Gilmore presented a memorandum for case REA-2007-146.  After review the Board agreed with the recommendations of the Office of the Attorney General.

Mr. Gilmore presented a memorandum for case REA-2007-149.  After review the Board agreed with the recommendations of the Office of the Attorney General.

Mr. Gilmore presented a memorandum for case REA-2007-150.  After review the Board agreed with the recommendations of the Office of the Attorney General.

Mr. Gilmore presented a memorandum for case REA-2007-151.  After review the Board presented their recommendations to the Office of the Attorney General.

Mr. Gilmore presented a memorandum for case REA-2007-152.  After review the Board stated that this is a civil issue, not a Board issue.

Mr. Gilmore presented a memorandum for case REA-2007-147.  After review the Board agreed with the recommendations of the Office of the Attorney General. The Board stated that the 15 hour USPAP course must be taken in a classroom.

Mr. Gilmore presented a memorandum for case REA-2008-39.  After review the Board agreed with the recommendations of the Office of the Attorney General.

INVESTIGATIVE REPORT

Ms. Marcie McGinty, Appeals Hearing Technician, presented the disciplinary log report. The Board discussed how frequently logs are submitted by the licensee and determined that it would be up to the Board member reviewing the logs.

Mr. Dave Hotchkiss, Complaint Manager, presented the investigative report to the Board. Investigative Report Link

For Board Determination:

Case number 1-REA-2007-138:  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-2008-32 & 33:  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-2008-49:  Following review, it was moved by Mr. Bachmeier to accept the Bureau’s recommendation for closure. Seconded by Mr. Nuhn, motion carried.

Case number 1-REA-2008-70:  Following review, it was moved by Mr. Bachmeier to accept the Bureau’s recommendation for closure. Seconded by Mr. Moe, motion carried.

Case number 1-REA-2008-83:  Following review, it was moved by Mr. Nuhn to accept the Bureau’s recommendation for closure. Seconded by Mr. Bachmeier, motion carried.

Case number 1-REA-2008-88:  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-2008-89:  Following review, it was moved by Mr. Nuhn to accept the Bureau’s recommendation for closure. Seconded by Mr. Bachmeier, motion carried.

Mr. Roger Hales, Administrative Attorney, presented the Board a letter from Mr. David Leroy in regard to disciplinary case REA-2006-1. 

It was moved my Mr. Bachmeier to direct counsel to respond in writing to Mr. Leroy and advise him that the suspension begins October 10, 2007, the date of the amended final order. All other documents must be submitted at the time the suspension ends and the Board reviews Mr. Hennessey’s request for reinstatement. Seconded by Mr. Nuhn, motion carried.

Mr. Hales presented the Board a letter of appeal from Mr. Milon Neilson in regard to disciplinary case REA-2008-9. 

It was moved my Mr. Moe to direct counsel to respond in writing to Mr. Neilson and request that he submit a reprint of the quarterly calendar showing when the quarter began and ended. Seconded by Mr. Bachmeier, motion carried.

EXECUTIVE SESSION

It was moved by Mr. Nuhn that the Board enter executive session to speak with legal counsel about possible litigation which is exempt from public disclosure per Idaho Code 67-2345 (1) (f).  Ayes were; Mr. Morgan, Mr. Moe, and Mr. Bachmeier, motion carried.

It was moved by Mr. Bachmeier that the Board enter regular session. Ayes were; Mr. Nuhn, Mr. Morgan, and Mr. Moe, motion carried.

OLD BUSINESS

The Board reviewed the to do list.

The Board reviewed proposed rules. Mr. Hales will draft a hardship scenario rule for continuing education.

It was moved by Mr. Nuhn that the Board recognize that 100% of the continuing education requirement may be taken online by an approved provider. Seconded by Mr. Bachmeier, motion carried.

The Board reviewed correspondence from Mr. Steve Bradford. The Board directed staff to send another letter to Mr. Bradford outlining the rules pertaining to education in Idaho.

NEW BUSINESS

Mr. Bryan Blackwood addressed the Board concerning an old supervisor who refuses to sign his experience log. Mr. Hales advised Mr. Blackwood to submit his log with a complete application to the Board. The Board will then take a position on the matter.

The Board discussed a USPAP course for the Bureau investigators and the Board secretary.

It was moved by Mr. Moe to pay the expenses of Mr. Nuhn to teach the 15-hour USPAP course in Boise to the Bureau investigators and the Board secretary after the June 16, 2008 Board meeting, and provide a study guide for each.

Seconded by Mr. Bachmeier, motion carried.

The Board asked staff to add a sentence to the website stating that Registered Trainees must be listed in each appraisal report that they are claiming on their experience log.

The Board reviewed two reciprocal agreements sent to the Board from the State of Indiana and the State of Arizona. Counsel will review the rules and laws for each of the states requesting reciprocal agreements and bring the findings to the June 16, 2008 Board meeting.

The Board discussed Senate Bill 2452.

The Board reviewed an e-mail from Mr. Carl White.  The Board noted that while they sympathize with the appraiser, it is out of the Board’s jurisdiction to handle this issue. The Board asked staff to send Mr. White a copy of the Home Valuation Code of Conduct.

The Board reviewed correspondence from the Appraisal Subcommittee.

The Board discussed the Home Valuation Code of Conduct document. The Board stated that they would be concerned with any agreement that would restrict appraisers in Idaho from doing business. If that is the intent of the reform, the Board is against the reform.

Mr. Hales addressed the Board regarding a request for reconsideration of a signed Stipulation and Consent Order for Mr. Larry Knapp in regard to disciplinary case REA-2008-52.

It was moved by Mr. Moe to withdraw the Stipulation and Consent Order based upon the fact that a request for withdrawal was requested within the allotted time frame. Seconded by Mr. Nuhn, motion carried.

The Board reviewed the Pearson Vue report outlining the AQB exam performance summary.

The Board reviewed the current list of approved pre-licensure courses for Idaho and the AQB.

Mr. Moe advised the Board that he will not be attending the June 16, 2008 Board meeting.

CE AUDITS

The Board reviewed CE Audits from 2/12/2008 and reinstatement audits.

PROVIDER APPLICATIONS

The Board reviewed the following provider course applications:

  MCKISSOK LP

  DISCLOSURE & DISCLAIMERS-VIRTUAL CLASSROOM

  THE ART OF APPRAISAL REVIEW (ONLINE) 

  EVEN ODDER: MORE ODDBALL APPRAISALS

  SEVEN HOUR REPORT WRITING

  JVI APPRAISAL DIVISION LLC

  JVI APPRAISING RESIDENTIAL REO PROPERTIES

  M.A.E. REAL ESTATE EDUCATION

  DEVELOPING AND REPORTING A DEFENSIBLE 1004 FORM REPORT

  LAND EDUCATION FOUNDATION

  SUBDIVISION DEVELOPMENT AND FINANCING

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

EXECUTIVE SESSION

Moved by Mr. Moe that the Board enter executive session to review applications which are exempt from public disclosure per Idaho Code 67-2345 (1) (d).  Ayes were; Mr. Nuhn, Mr. Morgan, and Mr. Bachmeier, motion carried.

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

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

APPLICATIONS

Moved by Mr. Moe to approve the following applicants for examination:  

                        BELLEM STEPHEN FREITAS  CRA

                        BERRY NICOLE L  CRA

                        BLOMQUIST CHRISTOPHER LEWIS  LRA

                        BOLERJACK HEATHER RACHELLE  CRA

                        BURTON DAVID BRIAN  CRA

                        COGGESHALL PATRICIA J  CRA

                        CUTSHALL SHARI  CRA

                        FISHER DAVID MICHAEL  LRA

                        GERHARD MICHAEL D  CRA

                        HARVEY MARK J  LRA

                        MAUGHAN TRENT  CRA

                        MORE JAMES T  CGA

                        PLOTT JOHN R  CRA

                        POLFER WILLIAM PAUL  LRA

                        WATSON JENNIFER A  LRA

                        WESTBROOK CARRIE JANE  LRA

                        YOUNG MARK  CRA

Seconded by Mr. Bachmeier, motion carried.

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

            901041264

            901075604

            901030334

            901048074

NEXT MEETING 6/16/2008

The Board meeting adjourned at 5:35 p.m.