Bureau of Occupational Licenses
1109 Main Street, Suite 220
Boise, ID 83702-5642
Board Meeting Minutes of 4/13/2009
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
Marcie, McGinty, Appeals Hearing Coordinator
Roger Hales, Administrative Attorney
Mike Gilmore, Deputy Attorney General
OTHERS PRESENT: Kyle
McGarry
Tyler Martin
Ross Park
George Haney
Brian Theiler
Greg Greenlee
Adam Fullmer
Greg Villanueva
Meeting
was called to order at 8:35 AM MDT by
Rick A. Bachmeier.
APPROVAL OF MINUTES
The Board reviewed the 2/5/2009 minutes.
It was moved by Mr. Morgan to approve the 2/5/2009 minutes as written. Seconded by Ms. Lentz, motion carried.
FINANCIAL REPORT
Mr. Hetrick presented the financial report, which indicates a cash balance of $7,149.94 as of 3/31/2009. The Board discussed raising fees and asked staff to bring a future projections report to the next Board meeting which should include expenditures and revenue. The Board would like the information to show the Legislature that fee increases are necessary.
FORMAL DISCIPLINARY ACTION
Mr. Gilmore presented a memorandum for case REA-2008-68.
It was moved by Ms. Lentz to close case REA-2008-68 with an advisory letter in regard to the reporting requirements for listings of a property outlined in USPAP.Seconded by Mr. Nuhn, motion carried.
Mr. Gilmore presented a memorandum for case REA-2008-71 and REA-2008-72.
After review, the Board presented their recommendations to the Office of the Attorney General.
Mr.
Gilmore presented a memorandum for case REA-2008-73.
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-2008-75.
After review, the Board agreed with the recommendations of the Office of the Attorney General.
Mr.
Gilmore presented a memorandum for case REA-2008-76.
Ms.
Lentz recused herself from any discussion or action.
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 case REA-2008-39.
It
was moved by Mr. Morgan to accept the Consent Order for REA-2008-39 and
authorize the Board Chair to sign on behalf of the Board. The Board
reserved the right to ask the respondent to submit work products for review. Seconded
by Mr. Nuhn, motion carried.
Mr. Gilmore presented the Board a Stipulation and Consent Order for case REA-2008-70.
It
was moved by Ms. Lentz to accept the Consent Order for REA-2008-70 and
authorize the Board Chair to sign on behalf of the Board. The Board
reserved the right to ask the respondent to submit work products for review.
Seconded by Mr. Nuhn, motion carried.
MITIGATION HEARINGS
Ms. McGinty presented the Board a Petition for Reconsideration for case REA-2007-140.
It was moved by Mr. Morgan to approve the Petition for Reconsideration for REA-2007-140. Seconded by Mr. Nuhn, motion carried.
Ms.
McGinty presented the Board a Petition for Reconsideration for case REA-2005-7
and REA-2008-24.
Mr. Morgan recused himself from any discussion or action.
It was moved by Mr. Van Wyk to approve the Petition for
Reconsideration for REA-2005-7 and REA-2008-24 as of 12/10/2008. Seconded by
Mr. Nuhn, motion carried.
DISCIPLINARY LOGS
The Board discussed the
purpose of reviewing experience logs in terms of discipline. The Board
discussed the difference between the experience log requirements for obtaining
a license verses an experience log requirement for discipline. Mr. Hales stated
that the disciplinary experience logs should be reviewed for an educational
basis only.
Ms. McGinty presented the probationary
report. The Board stated that instead of disciplinary logs, they would like
staff to send a letter to the respondent within 30 days of completing their
education and ask for a work product that deals with the issues of the consent
order.
Mr. Hetrick presented the investigative report.
For Board Determination:
I-REA-2008-103 C
alleged that R's appraisal under valuated the C's property and included the
wrong square footage. INV revealed R explained the square footage is the same
as the county square footage once the stairwell is subtracted from the total as
required by the guidelines. C provided a brokers' price opinion using
comparables that were either dated-older sales, dropped their list price below
the R appraised value of the subject and still did not sell, or were not
comparable due to the type of sale or quality. INV did not reveal
evidence to support the allegations or a violation. IBOL recommends the
Board authorize closure.
Case number 1-REA-2008-103: Following review, it was moved by Mr. Morgan to accept the Bureau’s recommendation for closure. Seconded by Ms. Lentz, motion carried.
I-REA-2008-117/118 C
alleged that the R did an appraisal with numerous problems. The R marked
that the R did inspect the interior and exterior of the subject and the C is
stating the R did not. INV revealed the errors found were minor in detail and
the R acknowledged that they did not closely check the minor data that the
trainee had entered but spent more time in the areas of adjustments and
value. Once the errors were identified a second/revised report was
submitted to the client. The trainee has allowed their license to expire and is
no longer in the appraisal field. IBOL recommends the Board authorize closure
with an advisory letter.
Case number 1-REA-2008-117/118: Following review, it was moved by Mr. Morgan to accept the Bureau’s recommendation for closure. Seconded by Ms. Lentz, motion carried.
OLD
BUSINESS
CORRESPONDENCE
Mr.
Hales presented the Board with a letter from Mr. George Haney and explained the
history of case REA-2007-121. The Board
will be given all of the documents to render a decision.
Mr.
Haney addressed the Board regarding his letter.
HVCC
Mr.
Hales presented the memo prepared by
James Stoll regarding the Home Valuation Code of Conduct. The Board will not
take a position at this time, but asked that information on HVCC be linked to
the minutes.
AMC
The
Board asked Mr. Hales to research other states that are regulating Appraisal Management
Companies to see if the Board should take any action at this time. Ms. Lentz stated
that she would forward AMC information to Mr. Hales.
PROPOSED RULE CHANGES
Mr.
Hales discussed proposed rule changes that the Board had tabled throughout the
year to be submitted in August of 2009. Mr. Hales will continue working on
these proposed rules and bring them to the Board during their next Board
meeting.
LEGISLATIVE REPORT
Mr. Hales gave the
legislative report.
NEW BUSINESS
CORRESPONDENCE
Mr. Hales addressed an e-mail regarding the
House Bill 169.
The Board discussed the
e-mail correspondence from Craig Butterfield regarding the Home Valuation Code
of Conduct. The Board asked that links be added to the minutes for frequently
asked questions and myths of HVCC.
http://www.magnetmail.net/images/clients/Appraise/attach/FannieMae_HVCC_FAQs.pdf
http://www.freddiemac.com/singlefamily/hvcc_faq.html
http://www.magnetmail.net/images/clients/Appraise/attach/HVCC_Myths_Final2.pdf
ADMINISTRATIVE REVIEWS
The Board addressed out of
state appraisers doing administrative reviews who are not licensed Real Estate
Appraisers in
COLLEGE REQUIREMENT
The Board stated that
applicants for licensure can fulfill the college requirement online through
accredited colleges and universities.
BPO
The Board discussed the
current law regarding Broker Price Opinion.
WORK PRODUCT REVIEW CHECKLIST
The Board discussed a work
product review checklist for Board members to use while reviewing an applicant’s
work products. Some of the items that will be listed on the checklist are site
value, three approaches to value, USPAP compliance, and market extraction. The checklist
will be two pages in length. The first page will be non-negotiable items. The
second page will be feedback for an applicant to be sent with an approval
letter. Mr. Hales explained the duties of the Board regarding reviewing work
product under Rule 250.02.iii.
REA WEBSITE
The Board is working on a
“How To” list for the website that will help applicants better understand each
of the items the Board is looking for within their work product. The Board will
also be adding a link to the website for applicants which will state the most
common errors the Board sees while reviewing work product.
EDUCATION
Kyle McGarry, Tyler Martin,
and Ross Park addressed the Board regarding their education and the new AQB
criteria.
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, Mr. Van Wyk, and Mr. Bachmeier. Seconded by Mr. Van Wyk, motion carried.
It
was moved by Mr. Morgan that the Board enter regular session. Ayes were:
Mr. Nuhn, Ms. Lentz, Mr. Morgan, Mr. Van Wyk, and Mr. Bachmeier. Seconded by
Ms. Lentz, motion carried.
NEW BUSINESS
It was moved by Ms. Lentz to approve the submitted pre-licensure
education for Kyle McGarry, Tyler
Martin, and Ross Park. Seconded by Mr. Van Wyk,
motion carried.
ASC
It was moved by Ms. Lentz to approve the response letter to the
Appraisal Subcommittee and authorize the Board chair to sign on behalf of the
Board. Seconded by Mr. Van Wyk, motion carried.
AARO
The Board discussed the
Association of Appraiser Regulatory Officials spring meeting.
CE COURSES
The Board approved the following provider course applications:
APPRAISAL INSTITUTE
RESIDENTIAL REPORT WRITING AND CASE STUDIES - 15 - PL/CE
ONLINE VALUATION OF GREEN RESIDENTIAL PROPERTIES - 7 - CE
GENERAL APPRAISER INCOME APPROACH PART 1 - 30 - PL/CE
440 - HVCC AND YOU - 4 - CE
ASFMRA
APPRAISING RURAL RESIDENTIAL PROPERTIES - 8 - CE
WIND POWER - 8 - CE
SALES COMPARISON APPROACH - 8 - CE
VALUATION OF CONSERVATION EASEMENTS AND OTHER PARTIAL
INTERESTS IN REAL ESTATE - 22 - CE
MCKISSOK LP
RELOCATION APPRAISAL IS DIFFERENT - 8 - CE
RMA (RISK MANAGEMENT ASSOCIATION)
RMA - CHIEF APPRAISER ROUNDTABLE - 10 - CE
THE COLUMBIA INSTITUTE
FANNIE MAE TODAY, NO. 116 - 8 - CE
VAN EDUCATION CENTER
7-HOUR NATIONAL USPAP UPDATE - 7 - CE
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, Mr. Van Wyk, and Mr. Bachmeier. Seconded by Ms. Lentz, motion carried.
It was moved by Mr. Morgan that the Board enter regular session. Ayes were: Mr. Nuhn, Ms. Lentz, Mr. Morgan, Mr. Van Wyk, and Mr. Bachmeier. Seconded by Ms. Lentz, motion carried.
APPLICATIONS
Approved for Exam
It was moved by Mr. Nuhn to approve the following applicants for examination:
BLANCHARD ADAM HANS -
LRA
GREENLEE GREGORY S - CRA
JOHNSON AUGUST - CGA
RITTER KEVIN S - CGA
VILLANUEVA GREG T - LRA
Seconded by Mr. Van Wyk, motion carried.
Pending
It was moved by Ms. Lentz to hold the following applicants pending further information:
901089832
901053674
901091548
901053033
Seconded by Mr. Morgan, motion carried.
NEXT MEETING
6/8/2009
ADJOURNMENT
It was moved by Mr. Nuhn that the meeting adjourn at 6:20 PM MST. Seconded by Mr. Morgan, motion carried.