IDAHO REAL ESTATE APPRAISER BOARD

Bureau of Occupational Licenses

1109 Main Street, Suite 220

Boise, ID 83702-5642 

 

 Conference Call Minutes of 6/3/2009

 

 

 

 

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

                                                            Marcie, McGinty, Appeals Hearing Coordinator

                                                            Roger Hales, Administrative Attorney

                                                            Maria Brown, Technical Records Specialist

 

                                   

Meeting was called to order at 9:03 AM MDT by Rick A. Bachmeier.

 

 

EXECUTIVE SESSION

 

It was moved by Mr. Morgan 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 Ms. Lentz.  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.

 

Based on the egregious nature of the findings, it was moved by Mr. Morgan to revoke the license based on Findings of Fact, Conclusions of Law, and Recommended Orders issued by the hearing officer for Case REA-2007-121. Seconded by Ms. Lentz, motion carried.

 

It was moved by Mr. Van Wyk to amend the prior motion to include respondent shall pay all costs and fees incurred during the investigation and prosecution. Seconded by Ms. Lentz, motion carried.

 

 

NEW BUSINESS

 

Mr. Hales addressed the Board regarding a letter from the attorney representing Mr. Kenneth Fields.

 

Mr. Van Wyk recused himself from any discussion.

 

It was moved by Ms. Lentz to allow a mitigation hearing, not to exceed 30 minutes, before the Board during a future Board meeting. Seconded by Mr. Nuhn, motion carried.

 

 

ADJOURNMENT

 

It was moved by Ms. Lentz that the meeting adjourn at 9:35 AM MDT. Seconded by Mr. Morgan, motion carried.