IDAHO REAL ESTATE APPRAISER BOARD
Bureau of Occupational Licenses
1109 Main Street, Suite 220
Boise, ID 83702-5642
Board Meeting Minutes of 12/8/2008
BOARD MEMBERS PRESENT: Rick A. Bachmeier - Chair
Paul J. Morgan
Patricia Lentz
Kenneth W. Nuhn
Jack R. Van Wyk
BUREAU STAFF: Tana Cory, Bureau Chief
Budd Hetrick, Deputy Bureau Chief
Dawn Hall, Deputy Bureau Chief
Marcie, McGinty, Appeals Hearing Coordinator
James Stoll, Administrative Attorney
Mike Gilmore, Deputy Attorney General
Emily McMaster, Deputy Attorney General
Maria Brown, Technical Records Specialist
OTHERS PRESENT: Joseph Rountree
Shawn Scudder
Anthony Hays
Chris Stiles
Jeff Treadwell
Meeting was called to order at 8:30 AM MST by Rick A. Bachmeier.
APPROVAL OF MINUTES
The Board reviewed the 10/20/2008 minutes.
It was moved by Ms. Lentz to approve the 10/20/2008 minutes with amendments. Seconded by Mr. Morgan, motion carried.
LEGISLATIVE REPORT
Ms. Cory gave the legislative report.
Ms. Hall presented the financial report, which indicates a cash balance of $18,320.55 as of 11/30/2008.
INVESTIGATIVE REPORT
Mr. Hetrick presented the investigative report.
| Fiscal Year 2009 (to date) | |
|
Total Complaints received (Including 3 CE audit files.) |
16 |
|
Status: |
|
| Pending Office of the Attorney General | 3 |
| Closed following disciplinary action | 1 |
| Remaining under investigation | 12 |
|
Fiscal Year 2008 |
|
|
Total Complaints
received (Including 74 CE audit files.) |
114 |
|
Status: |
|
| Closed by Board action | 44 |
| Closed following disciplinary action | 32 |
| Pending Office of the Attorney General | 14 |
| Pending IBOL disciplinary action | 3 |
| Remaining under investigation | 20 |
| Awaiting Board determination | 1 |
| Fiscal Year 2007 | |
|
Total Complaints received (Including 122 CE audit files.) |
173 |
| Status: | |
| Closed by Board action | 89 |
| Closed following disciplinary action | 67 |
| Pending Office of the Attorney General | 17 |
| Fiscal Year 2006 | |
|
Total Complaints received (Including 1 CE audit file.) |
29 |
| Status: |
| Closed by Board action | 13 |
| Closed following disciplinary action | 6 |
| Pending Office of the Attorney General | 10 |
|
Fiscal Year 2005 |
|
| Total Complaints received | 35 |
| Status: | |
| Closed by Board action | 19 |
| Closed following disciplinary action | 12 |
| Pending Office of the Attorney General | 4 |
|
Fiscal Year 2004 |
|
| Total Complaints received | 39 |
| Status: | |
| Closed by Board action | 17 |
| Closed following disciplinary action | 19 |
| Pending Office of the Attorney General | 3 |
For Board Determination:
I-REA-2008-67 R was required to obtain 15 hours of CE and show proof of a 7 hour USPAP Update course. R did not respond to the CE Audit. A certified letter was sent with a response due. Certified mail returned marked UNCLAIMED. Record shows license expired prior to a Suspension order by the Board. IBOL recommends the Board authorize closure.
Case number I-REA-2008-67: Following review, it was moved by Ms. Lentz to accept the Bureau’s recommendation for closure. Seconded by Mr. Nuhn, motion carried.
Mr. Hetrick presented a status report of all pending cases currently at the Office of the Attorney General.
FORMAL DISCIPLINARY ACTION
Mr. Gilmore presented a memorandum for case REA-2008-67. After review, the Board presented their recommendations to the Office of
the Attorney General.
Mr. Gilmore presented a memorandum for case REA-2008-69. After review, the Board presented their recommendations to the Office of
the Attorney General.
Mr. Gilmore presented a memorandum for case REA-2009-13. After review, the Board presented their recommendations to the Office of
the Attorney General.
Ms. McMaster presented the Board a Stipulation and Consent Order for case REA-2007-14.
It was moved by Ms. Lentz to accept the Consent Order for REA-2007-14 and authorize the Board Chair to sign on behalf of
the Board. Seconded by Mr. Morgan, motion carried.
Ms. McGinty presented the Board a CEU Settlement Order for REA-2009-7.
It was moved by Mr. Morgan to accept the CEU Settlement Order for REA-2009-7 and authorize the Board Chair to sign on behalf of
the Board. Seconded by Mr. Nuhn, motion carried.
RECIPROCAL AGREEMENTS
Mr. Stoll presented his findings to the Board regarding the review of New York’s rules and laws.
It was moved by Ms. Lentz to approve sending the reciprocal agreement to New York and authorize the Board Chair to sign on behalf of the Board. Seconded by Mr. Nuhn, motion carried.
FORMAL DISCIPLINARY ACTION
Mr. Stoll presented the Board a Petition for Reconsideration for case number REA-2007-63.
EXECUTIVE SESSION
It was moved by Ms. Lentz 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). Seconded by Mr. Morgan. Ayes were: Mr. Morgan, Mr. Bachmeier, Mr. Nuhn, Mr. Van Wyk, and Ms. Lentz, motion carried.
It was moved by Ms. Lentz that the Board enter regular session. Seconded by Mr. Morgan. Ayes were: Mr. Nuhn, Ms. Lentz, Mr. Morgan, Mr. Van Wyk, and Mr. Bachmeier, motion carried.
It was moved by Mr. Van Wyk that the Board direct counsel to draft a letter to Ms. French outlining the good faith effort discipline to be approved by the Board Chair prior to sending. Seconded by Ms. Lentz, motion carried.
Mr. Stoll presented the Board a Petition for Reconsideration for case number REA-2007-121.
It was moved by Ms. Lentz that the Board direct counsel to draft a letter to the respondent asking that they provide a letter to the Board by 1/14/2009 outlining why they feel the Board should reconsider its decision. Seconded by Mr. Nuhn, motion carried.
FUTURE BOARD MEETINGS
It was moved by Mr. Van Wyk to change the 2/9/2009 Board meeting to 2/5/2009 to accommodate the Appraisal Subcommittee. Seconded by Ms. Lentz, motion carried.
It was moved by Mr. Van Wyk to change the 6/15/2009 Board meeting to 6/8/2009. Seconded by Ms. Lentz, motion carried.
OLD BUSINESS
The Board reviewed the to do list.
The Board noted that they do not have jurisdiction over unlicensed individuals. If an individual is practicing appraisal without a license, a complaint should still be filed with the Bureau of Occupational Licenses. The Bureau of Occupational Licenses will send a cease and desist letter to the individual, and may then refer the case to the local prosecutor.
The Board reviewed an e-mail from Mr. Andrew Smith regarding a possible error on the Idaho Real Estate Appraiser website’s Depreciation Calculation Example. Mr. Nuhn will review the current example for any errors.
The Board reviewed a second e-mail from Mr. Don Kerby regarding complaints against mortgage companies. The Board directed staff to send Mr. Kerby another letter reiterating their previous statements and adding that he should address his concerns to other agencies that may involve the regulation of lenders.
NEW BUSINESS
The Board would like the following statement added to the Idaho Real Estate Appraiser website: An Idaho Real Estate Appraisers may count two hours of continuing education per year for attending a Board meeting that is at least two hours in length.
The Board directed staff to bring a revised draft of the experience log to include complexity to the 2/5/2009 Board meeting.
PROPOSED RULE
The Board would like to discuss a proposed fee increase during the 4/13/2009 Board meeting. All proposed rule changes must be submitted by August.
PROVIDER APPLICATIONS
The Board approved the following provider course applications:
APPRAISAL INSTITUTE
APPRAISING DISTRESSED COMMERCIAL REAL ESTATE - 7 - CE
ONLINE PROFESSIONALS GUIDE TO THE UNIFORM RESIDENTIAL APPRAISAL REPORT - 7 - CE
ONLINE GENERAL APPRAISER SITE VALUATION & COST APPROACH - 30 - CE
ASFMRA
NATIONAL USPAP COURSE - 14 - CE
IKE PONO INSTITUTE OF APPRAISING
SELECTION OF COMPARABLE SALES, LISTINGS, AND PENDING CONTRACTS IN A CHANGING MARKET - 8 - CE
SEATTLE CHAPTER OF THE APPRAISAL INSTITUTE
FALL REAL ESTATE CONFERENCE - 7 – CE
It was moved by Ms. Lentz to approve the listed courses. Seconded by Mr. Morgan, 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). Seconded by Mr. Van Wyk. Ayes were: Mr. Nuhn, Ms. Lentz, Mr. Morgan, Mr. Van Wyk, and Mr. Bachmeier, motion carried.
It was moved by Ms. Lentz that the Board enter regular session. Seconded by Mr. Van Wyk. Ayes were: Mr. Nuhn, Ms. Lentz, Mr. Morgan, Mr. Van Wyk, and Mr. Bachmeier, motion carried.
APPLICATIONS
Approved for Exam
It was moved by Mr. Morgan to approve the following applicants for examination:
HORNUNG EDISON LEE - CRA
TURLEY GRANT – CRA
Seconded by Ms. Lentz, motion carried.
Pending
It was moved by Mr. Morgan to deny the following applicants pending further information:
901090885
901089832
901038035
901053033
901091589
901079464
901042423
Seconded by Ms. Lentz, motion carried.
NEXT MEETING 2/5/2009
ADJOURNMENT
It was moved by Mr. Morgan that the meeting adjourn at 1:30 PM MDT. Seconded by Mr. Nuhn, motion carried.