Bureau of Occupational Licenses
1109 Main Street, Suite 220
Boise, ID 83702-5642
Board Meeting Minutes of 6/8/2009
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: Mike
Morphey
David
McDowell
Lisa
Jensen
Chris
Brown
Eric
Stroschein
Jody
Graham
Michael
Gilmore
Adam
Fullmer
William
McCann
Meeting
was called to order at 8:30 AM MDT by
Rick A. Bachmeier.
APPROVAL OF MINUTES
The Board reviewed the 4/13/2009 minutes.
It
was moved by Ms. Lentz to approve the 4/13/2009 minutes as written. Seconded by
Mr. Nuhn, motion carried.
AMC
Mr. Hales presented the APPRAISAL MANAGEMENT COMPANIES FINDINGS.
It was moved by Mr. Van Wyk to direct the Bureau Chief to contact
the Governor’s Office to make them aware of the issues surrounding appraisal
management companies and the possible regulation of such entities. States may
be mandated by the federal government in the future to regulate appraisal
management companies. The Board would like a follow up with the Governor’s
comments. Seconded by Mr. Morgan, motion carried.
If possible, the Board would like an estimate of costs and fees
that would be incurred by regulating appraisal management companies.
FINANCIALREPORT
Mr.
Hetrick presented the financial report, which indicates a cash balance of
($12,276.13) as of 5/31/2009. Legal fees seem to be the Board’s largest expense
at this time. The Bureau of Occupational Licenses is sending collection letters
to individuals who have not paid their fines and costs.
It was moved by Ms. Lentz to direct staff to draft a letter for
licensees who have outstanding fines and costs regarding expeditious payment
within 30 days from receipt, or further discipline may be imposed. Seconded by
Mr. Morgan, motion carried.
Mr. Hetrick informed the Board that three new boards have been added to the Bureau of Occupational Licenses.
This should help to offset some of the expenses.
It was moved by Ms. Lentz that the Board request a fee increase in
acknowledgment of the Board’s projected future budget. The fee will increase
the $250.00 renewal fee to $350.00. Seconded by Mr. Morgan, motion carried.
Ms. Cory suggested Board members attend the next legislative session
to answer questions regarding the fee increase. Ms. Cory will put together a
budget summary for the Board.
Mr.
Hetrick presented the investigative report to the Board and explained the
investigative process. Mr. Hales explained the Office of the Attorney General’s
role in the investigative process. The Board would like any issues brought to its
attention that may require a rule or law change.
Mr. Hetrick announced his retirement to the Board effective 6/30/2009.
NEW BUSINESS
Mr. Bill Schultz addressed
the Board regarding the regulation of appraisal management companies. The Board
stated that they discussed the regulation of appraisal management companies
earlier during the Board meeting and are making the Governor’s Office aware of
the issue and asking for direction.
It was moved by Ms. Lentz in consideration of the AMC legislation
to include the confidentiality of the fees between AMC’s and appraisers.
Seconded by Mr. Van Wyk, motion carried.
OLD BUSINESS
Ms.
Lentz presented the Work Product Review Checklist and sample letters that she
and Mr. Nuhn drafted. Mr. Nuhn and Mr. Bachmeier will be working on general
responses for commercial work products. The Board stated if an applicant is
sent a letter regarding issues found with their work product and the applicant
resubmits the work product with the corrections, only the corrected items will
be reviewed by the Board. No new issues will be raised at that time. The Board
would like the new checklist added to the website to replace the old checklist.
The Board stated that if an
applicant for a certified general appraiser’s license submits an experience log
containing a substantial amount of residential work, the secretary should ask
for one residential work product and one commercial work product to be
submitted for Board review.
TO DO LIST
The Board reviewed the past
to do list.
PROPOSED RULE CHANGES
The Board reviewed the
proposed rule changes.
The Board discussed the
possibility of requiring supervisors of registered trainees to take a four hour
supervisory course prior to becoming a supervisor. The certificate of
completion for the supervisor’s course would need to accompany the application
of their registered trainee. The course would count towards continuing
education.
The Board asked that Rule
250 include a statement requiring face to face classroom education only.
Mr. Hales will bring the
revised proposed rules to the August Board meeting.
FORMAL DISCIPLINARY
ACTION
Mr.
Hales addressed the Board regarding Mr.
William McCann and explained the history of case REA-2007-34.
Ms. Lentz recused herself
from any discussion or action.
Mr. McCann addressed the
Board regarding the Board’s past findings and why he feels the Board should
reconsider its decision. Mr. McCann submitted a letter to the Board marked
exhibit A dated 3/4/2009, along with an additional
letter dated 3/4/2009, and a letter seven pages long containing three exhibits.
Mr. McCann asked the Board to dismiss the case and remove the discipline from
his license.
Mr. Gilmore addressed the
Board concerning case REA-2007-34 and explained how it differs from the two
cases that the Board previously dismissed.
Mr.
Gilmore presented a memorandum for case REA-2008-77, REA-2008-115, and REA-2008-116.
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-2008-71.
It
was moved by Ms. Lentz to accept the Consent Order for REA-2008-71, subject to
the revision of item c4. six months to nine months, and authorize the Board
Chair to sign on behalf of the Board. Seconded by Mr. Van Wyk, motion
carried.
Mr. Gilmore presented the Board a Stipulation and Consent Order for case REA-2009-18.
It
was moved by Ms. Lentz to accept the Consent Order for REA-2009-18 with a
letter sent to the Real Estate Appraiser’s Board in the State of
NEW BUSINESS
The Board addressed
marketing incentives for appraisers. An e-mail was sent to the Appraisal
Foundation for clarification on the subject.
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. Nuhn, motion carried.
It
was moved by Ms. Lentz that the Board enter regular session. Ayes were:
Mr. Nuhn, Ms. Lentz, Mr. Morgan, Mr. Van Wyk, and Mr. Bachmeier. Seconded by
Mr. Van Wyk, motion carried.
APPLICATIONS
Approved for Exam
It was moved by Mr. Morgan to approve the following applicants for examination:
FULLMER ADAM DEAN - CRA
HARRIS STEVEN D - CRA
JENSEN LISA YVONNE - CRA
MCGARRY KYLE - CGA
MORPHY MIKE - RT
ROBINSON BRETT R - CRA
STROSCHEIN ERIC - CGA
TOVEY CHARLENE J - CRA
WALL JOHN DANIEL - CGA
Seconded by Ms. Lentz, motion carried.
Pending
It was moved by Ms. Lentz to hold the following applicants pending further information:
901092940
901062197
901040261
Seconded by Mr. Morgan, motion carried.
CE COURSES
The Board approved the following provider course applications:
APPRAISAL INSTITUTE
GENERAL APPRAISER INCOME APPROACH PART 2 - 30 - PL/CE
INTRODUCTION TO VALUATION FOR CONSERVATION EASEMENTS - 7
- CE
ONLINE DATA VERIFICATION METHODS - 5 - CE
ONLINE ADVANCED INTERNET SEARCH STRATEGIES - 7 - CE
ONLINE AN INTRODUCTION TO VALUING COMMERCIAL GREEN
BUILDINGS - 7 - CE
ARMBRUST & ASSOCIATES
MEASURING MARKET CONDITIONS - 4 - CE
A BASIC COURSE ON THE OPERATION OF THE HP 12-C - 4 - CE
CENGAGE LEARNING INC
(FORMERLY CAREER WEBSCHOOL)
7-HOUR NATIONAL USPAP UPDATE COURSE EQUIVALENT - 7 - CE
APPRAISAL METHODS - 14 - CE
RESIDENTIAL REPORT WRITING AND CASE STUDIES - 14 - CE
RESIDENTIAL MARKET ANALYSIS AND HIGHEST AND BEST USE - 14
- CE
IKE PONO INSTITUTE OF
APPRAISING
RESIDENTIAL SALES COMPARISON AND INCOME APPROACHES - 30 -
PL
RESIDENTIAL SALES COMPARISON AND INCOME APPROACHES - 28 -
CE
STATISTICS, MODELING AND FINANCE - 14 - CE
ADVANCED RESIDENTIAL CASE STUDIES - 14 - CE
MASTERING UNIQUE & COMPLEX PROPERTY APPRAISAL - 18 -
CE
STATISTICS, MODELING AND FINANCE - 15 - PL
MASTERING UNIQUE & COMPLEX PROPERTY APPRAISAL - 20 -
PL
ADVANCED RESIDENTIAL CASE STUDIES - 15 - PL
MCKISSOK LP
INTRODUCTION TO EXPERT WITNESS TESTIMONY - 7 - CE
AD VALOREM TAX CONSULTATION - 3 - CE
CURRENT ISSUES IN APPRAISING - 7 - CE
EVALUATING COMMERCIAL CONSTRUCTION SEMINAR - 15.5 - CE
EVALUATING RESIDENTIAL CONSTRUCTION SEMINAR - 8 - CE
THE COLUMBIA INSTITUTE
PRACTICE OF CONDEMNATION APPRAISAL, NO.
209 - 16 - CE
VAN EDUCATION CENTER
RESIDENTIAL ENVIROMENTAL HAZARDS SCREENING - 8 - CE
FORMAL DISCIPLINARY ACTION
Mr. Hetrick presented the Board a Stipulation and Consent Order for case REA-2007-121.
It
was moved by Ms. Lentz to accept the Consent Order for REA-2007-121 and
authorize the Board Chair to sign on behalf of the Board. Seconded by Mr.
Morgan, motion carried.
It
was moved by Mr. Morgan that, although the Board recognizes that there was no
intent to mislead, it has established a violation and imposes costs in the
amount of Two Hundred Fifty Dollars ($250), a fine in the amount of Two Hundred
Fifty Dollars ($250) for case REA-2007-34 and authorize the Board Chair to sign
on behalf of the Board. Seconded by Mr. Van Wyk, motion carried.
NEXT MEETING 8/10/2009
ADJOURNMENT
It was moved by Mr. Morgan that the meeting adjourn at 4:10 PM MDT. Seconded by Mr. Van Wyk, motion carried.