IDAHO REAL ESTATE APPRAISER BOARD

Bureau of Occupational Licenses

1109 Main Street, Suite 220

Boise, ID 83702-5642 

Board Meeting Minutes of 6/16/2008

BOARD MEMBERS PRESENT:  Paul J. Morgan - Chair

                                                             Patricia Lentz

                                                             Kenneth W Nuhn

                                                             Rick Alan Bachmeier

BOARD MEMBERS ABSENT:    Stanley D. Moe

BUREAU STAFF:                           Tana Cory, Bureau Chief

                                                            Dawn Hall, Deputy Bureau Chief

                                                            Budd Hetrick, Deputy Bureau Chief

                                                            Roger Hales, Administrative Attorney

                                                            Marcie McGinty, Investigations Coordinator

                                                            Maria Brown, Technical Records Specialist

OTHERS PRESENT:                     Jack Van Wyk

                                                            Mike Hopkins

                                                            Roni Harlan

                                                            Bryan Blackwood

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

APPROVAL OF MINUTES

The Board reviewed the 4/21/2008 and 5/27/2008 minutes. 

It was moved by Ms. Lentz to approve the 4/21/2008 and 5/27/2008 minutes as written.  Seconded by Mr. Nuhn, motion carried.

FORMAL DISCIPLINARY ACTION

Mr. Gilmore presented a memorandum for case REA-2007-148.  Ms. Lentz recused herself from any discussion or action. After review the

Board agreed with the recommendations of the Office of the Attorney General.

Mr. Gilmore presented a memorandum for case REA-2007-153.  After review the Board presented their recommendations to the Office

of the Attorney General.

Mr. Gilmore presented a memorandum for case REA-2007-154.  After review the Board agreed with the recommendations of the Office

of the Attorney General.

Mr. Gilmore presented the Board a Stipulation and Consent Order for REA-2007-147.

It was moved by Ms. Lentz to accept the Consent Order for REA-2007-147 and authorize the Board Chair to sign on behalf of the

Board.  Seconded by Mr. Nuhn, motion carried.

Mr. Gilmore presented the Board a Stipulation and Consent Order for REA-2007-149.

It was moved by Ms. Lentz to accept the Consent Order for REA-2007-149 and authorize the Board Chair to sign on behalf of the

Board.  Seconded by Mr. Bachmeier, motion carried.

Mr. Gilmore presented the Board a Stipulation and Consent Order for REA-2008-54.

It was moved by Ms. Lentz to accept the Consent Order for REA-2008-54 and authorize the Board Chair to sign on behalf of the

Board.  Seconded by Mr. Bachmeier, motion carried.

FINANCIAL REPORT

Ms. Hall presented the financial report which indicates a cash balance of $96,871.40 as of 5/31/2008.

INVESTIGATIVE REPORT

Mr. Hetrick presented the investigative report.

For Board Determination:

Case number 1-REA-2008-91:  Following review, it was moved by Ms. Lentz to accept the Bureau’s recommendation for closure. Seconded by Mr. Nuhn, motion carried.

Case number 1-REA-2008-104:  Following review, it was moved by Ms. Lentz to accept the Bureau’s recommendation for closure. Seconded by Mr. Nuhn, motion carried.

Ms. McGinty presented the Board a request for termination of probation in regard to disciplinary case REA-2007-49. 

It was moved by Mr. Nuhn to approve the request to terminate probation, but advise Mr. Louie that the discipline is public record and will remain listed on the website. Seconded by Mr. Bachmeier, motion carried.

Ms. McGinty presented the disciplinary log report.

Mr. Hales advised the Board that he prepared a formal order in regard to case REA-2008-52. 

It was moved by Mr. Nuhn to accept the order for REA-2008-52 and authorize the Board Chair to sign on behalf of the Board.  Seconded by

Ms. Lentz, motion carried.

Mr. Hales presented the Board a quarterly school calendar in regard to disciplinary case REA-2008-9. 

It was moved by Ms. Lentz that since Mr. Neilson’s request was not timely, the Board denies the request to appeal the consent order, and directs counsel to respond in writing with the Board’s decision. Seconded by Mr. Nuhn, motion carried.

EXECUTIVE SESSION

It was moved by Mr. Bachmeier 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. Bachmeier, Mr. Nuhn, and Ms. Lentz, motion carried.

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

Mr. Hales presented the Board a petition for reconsideration in regard to disciplinary case REA-2006-1. 

It was moved by Ms. Lentz to deny the petition for reconsideration based on the amended final order which changed Mr. Hennessey’s suspension from 42 months to 18 months to begin October 10, 2007. The Board directs counsel to respond in writing with the Board’s decision. Seconded by Mr. Bachmeier, motion carried.

LEGISLATIVE REPORT

Ms. Cory gave the legislative report.

OLD BUSINESS

The Board reviewed the to do list.

The Board reviewed the proposed rules for 2009. The Board is aware that the Legislature has asked that the proposed rules be held until

2010 if possible. The Board would like staff to draft a letter to the Appraisal Subcommittee outlining the proposed definition of transaction

value for their input.

NEW BUSINESS

Mr. Jack Van Wyk addressed the Board. He asked the Board to clarify if an LRA and CRA can perform land appraisals under their respective licenses. The Board stated that the appraiser would have to look at the highest and best use and the scope of work to determine if it is beyond their scope of practice.

The Board reviewed an e-mail from Mr. James Randall.  The Board believes that Mr. Randall misunderstood the disciplinary case in question and has asked Mr. Ken Nuhn to draft a response letter.

The Board reviewed a letter from Mr. Richard Eismann. Mr. Bachmeier recused himself from further discussion. The Board will not take a position at this point. The Board licenses and certifies appraisers in the State of Idaho. If someone feels that an appraiser has violated the rules or laws, they should file a complaint.

It was moved by Ms. Lentz to direct counsel to respond in writing to Mr. Eismann stating that the Board will not take a position at this time. Seconded by Mr. Nuhn, motion carried.

The Board reviewed the May 2, 2008 AQB Exposure Draft and Guide Note 6.

It was moved by Ms. Lentz to include the May 2, 2008 AQB Exposure Draft and Guide Note 6 as a link within the minutes posted on the Board’s website. Seconded by Mr. Bachmeier, motion carried.

CE AUDIT

The Board reviewed a reinstatement CE audit.

PROVIDER APPLICATIONS

The Board reviewed the following provider course applications:

APPROVED:

APPRAISAL INSTITUTE

            ONLINE MARSHALL & SWIFT RESIDENTIAL COST TRAINING - 10 - CE

            INTRODUCTION TO FHA APPRAISING - 7 - CE

            ONLINE 15-HOUR USPAP EQUIVALENT COURSE - 15 - CE

ASFMRA

            GENERAL MARKET ANALYSIS AND HIGHEST & BEST USE (A-290) - 30 - PL/CE

            REQUIREMENTS OF UASFLA - THE YELLOW BOOK - 24 - CE

            7 HOUR NATIONAL 2008 USPAP COURSE – 7 - CE

ASFMRA - WA CHAPTER

            WA CHAPTER ASFMRA 2008 SPRING MEETING - 11 - CE

MCKISSOK LP

            REO AND FORECLOSURES - 5 - CE

            2008 - 2009 NATIONAL USPAP UPDATE EQUIVALENT - 7 - CE

            INTRODUCTION TO GREEN BUILDING FOR APPRAISERS - 2 - CE

            THE ART OF ADDENDA - 4 - CE

MYKUT SCHOOL/ APPRAISAL SCHOOL OF WASHINGTON

            FORECLOSURES - 3 - CE

            SUPERVISING APPRAISAL TRAINEES: FIELD PREPARATION - 3.5 - CE

            ENVIRONMENTAL ISSUES - 4 - CE

            MORTGAGE FRAUD: A DANGEROUS BUSINESS - 7 - CE

            FHA & VA APPRAISAL BASICS - 7 - CE

JVI APPRAISAL DIVISION LLC

            SCOPE OF WORK AND THE 2008/9 USPAP – 8 – CE (Does not qualify to meet USPAP requirement)

            USPAP 2008/9 UPDATE – 7 – CE

            MORTGAGE FRAUD – 7 – CE

It was moved by Ms. Lentz 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

It was 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 were: Mr. Nuhn, Ms. Lentz, Mr. Morgan, and Mr. Bachmeier, motion carried.

It was moved by Ms. Lentz that the Board enter regular session. Ayes were: Mr. Nuhn, Ms. Lentz,

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

APPLICATIONS

     Approved for Exam

                        BLACKWOOD BRYAN EUGENE - LRA

                        BURTON ROBERT B - CRA

                        BURTON PATRICIA A - CRA

                        HARLAN RONI L - CRA

                        HINTZMAN DAVID - CGA

                        HOPKINS MICHAEL JOSEPH - CRA

                        JENNINGS NICKOLAS S - LRA

                        SCHWAB JASON D - CRA

                        TORPEY JASON ARIC - CRA

          Pending

                        901042378

ELECTION OF CHAIRMAN AND VICE CHAIRMAN

It was moved by Mr. Nuhn to nominate Mr. Bachmeier for Chairman of the Board and Ms. Lentz for Vice Chairman of the Board. Seconded by Mr. Morgan, motion carried.

NEXT MEETING 8/11/2008

It was moved by Mr. Bachmeier that the meeting adjourn at 4:30 PM MDT. Seconded by Mr. Nuhn, motion carried.