Bureau of Occupational Licenses
1109 Main Street, Suite 220
Boise, ID 83702-5642
Board Meeting Minutes of 8/10/2009
BOARD
MEMBERS PRESENT: Rick A. Bachmeier -
Chair
Paul J. Morgan
Patricia Lentz
Kenneth W. Nuhn
Jack R. Van Wyk
BUREAU STAFF:
Lori
Peel, Investigative Unit Supervisor
Marcie
McGinty, Appeals Hearing Coordinator
Dave
Hotchkiss, Investigations Coordinator
Karl
Klein, Administrative Attorney
Mike
Gilmore, Deputy Attorney General
OTHERS PRESENT: Michael
Scott
Jeff
Treadwell
Edward
Bowman
Brian
Kirkham
Tyler
Martin
Niels
Hansen
Meeting
was called to order at 8:34 AM MDT by
Rick A. Bachmeier.
APPROVAL OF MINUTES
The Board reviewed the 6/3/2009, 6/8/2009, and 7/1/2009 minutes.
It
was moved by Ms. Lentz to approve the 6/3/2009, 6/8/2009, and 7/1/2009 minutes
as written. Seconded by Mr. Van Wyk, motion carried.
LEGISLATIVE REPORT
Ms. Cory gave the
legislative report. Three additional boards have been added to the Bureau. Ms.
Cory informed the Board that she did contact the Governor’s Office regarding
the possible regulation of appraisal management companies.
FINANCIALREPORT
Ms. Hall gave the financial
report, which indicates a cash balance of ($31,807.69) as of 6/30/2009. The
Bureau is now working with a collection agency for fines that are past due. Mr.
Nuhn stated
FORMAL DISCIPLINARY
ACTION
Mr. Gilmore presented a
memorandum for case REA-2007-150.
After review, the Board presented their recommendations to the Office of the Attorney General.
Mr. Gilmore presented a
memorandum for case REA-2009-15.
After review, the Board agreed with the recommendations of the Office of the Attorney General.
Mr. Gilmore presented a
memorandum for case REA-2009-16.
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 case REA-2008-69.
It
was moved by Ms. Lentz to accept the Consent Order for case REA-2008-69 with a timely
work product submission to the Board every 30 days for nine months and to authorize
the Board Chair to sign on behalf of the Board. Seconded by Mr. Morgan,
motion carried.
The Board directed the
investigative staff to e-mail the respondent’s log to one Board member. The
Board member will then select a work product for staff to request. The
respondent will have 15 days to submit the work product. Staff should then
forward the submitted work product back to the Board member for review. The
Board member will review the work product to insure that the same errors
previously made which resulted in discipline are not continuing. The Board
member will have 15 days to forward their findings back to staff.
The Board directed the
investigative staff to present a report during each Board meeting listing who
has submitted disciplinary logs, the date the log and work product was received
by the Bureau, which Board member was assigned to review the work product, and
when it was sent for review.
Mr.
Gilmore presented the Board a Stipulation and Consent Order for
case REA-2008-73.
Ms. Lentz recused herself from any discussion or
action.
It
was moved by Mr. Van Wyk to accept the Consent Order for case REA-2008-73 and to
authorize the Board Chair to sign on behalf of the Board. Seconded by Mr.
Nuhn, motion carried.
Mr. Gilmore presented a
memorandum for case REA-2008-71.
After review, the Board presented its recommendations to the Office of the Attorney General.
Ms. McGinty presented the Board a Petition for Reconsideration for case REA-2007-149.
It was moved by Ms. Lentz to deny the
Petition for Reconsideration for case REA-2007-149 and direct staff to send a
response letter similar to the letter for case REA-2008-71. The licensee had
adequate time prior to signing the Stipulation and Consent Order. The violation
was during the time that the licensee was a licensed residential appraiser.
Seconded by Mr. Morgan, motion carried.
Mr. Hotchkiss presented the investigative report.
For
Board Determination:
I-REA-2008-76/107 R
failed to respond to a CE audit request. R later submitted documentation
verifying completion of CE. IBOL recommends the Board authorize closure.
Case number I-REA-2008-76/107: Following review, it was moved by Ms. Lentz to accept the Bureau’s recommendation for closure. Seconded by Mr. Morgan, motion carried.
I-REA-2009-10 R
failed to submit documentation of a 7-hour USPAP Update course within 24 months
of renewal in response to a CE audit request. R later submitted
documentation verifying completion of the 7-hour USPAP Update course.
IBOL recommends the Board authorize closure.
Case number I-REA-2009-10: Following review, it was moved by Ms. Lentz to accept the Bureau’s recommendation for closure. Seconded by Mr. Morgan, motion carried.
I-REA-2009-23 R
failed to submit documentation of a 7-hour USPAP Update course within 24 months
of renewal in response to the CE audit request. R later submitted
clarification that R taught an approved USPAP course to obtain his 7-hour USPAP
Update CE credits. IBOL recommends the Board authorize closure.
Case number I-REA-2009-23: Following review, it was moved by Ms. Lentz to accept the Bureau’s recommendation for closure. Seconded by Mr. Morgan, motion carried.
I-REA-2009-31 R
failed to respond to a CE audit request. R voluntarily surrendered his
license in a recent disciplinary matter, and the Board revoked R’s license and
renewal rights. IBOL recommends the Board authorize closure.
Case number I-REA-2009-31: Following review, it was moved by Ms. Lentz to accept the Bureau’s recommendation for closure. Seconded by Mr. Nuhn, motion carried.
I-REA-2009-32/35 R
failed to respond to a CE audit request. R subsequently provided documentation
to confirm compliance with CE requirement. IBOL recommends the Board
authorize closure.
Case
number I-REA-2009-32/35: Following review, it was moved by Ms. Lentz to
accept the Bureau’s recommendation for closure. Seconded by Mr. Nuhn,
motion carried.
Ms. Peel gave the Board a
status report on all pending cases older than one year. After review, the Board
agreed that these cases have valid reasons for being over one year old.
NEW BUSINESS
It was moved by Ms. Lentz to
amend the agenda to include discussion of the open meeting law. This is the
first opportunity to discuss the amendments to the open meeting law with
counsel per Idaho Code 67-2343 (4) (c). Ayes were: Mr. Nuhn, Ms. Lentz,
Mr. Morgan, Mr. Van Wyk, and Mr. Bachmeier. Seconded by Mr. Nuhn, motion
carried.
Mr. Klein discussed each of
the amendments to the open meeting law with the Board. The Board was advised
not discuss board issues outside of a Board meeting. This would be a violation
of the open meeting law. The individual Board members should forward
information to their Board secretary. The Board secretary may forward items to
the entire Board if directed by the Board chair.
OLD BUSINESS
PROPOSED RULE CHANGES
The Board reviewed the
proposed rule changes.
Mr. Van Wyk proposed
changing Idaho Code 54-4104 to include bare land that is zoned 1 to 4 units.
Ms. Cory referred Mr. Van Wyk to the proposed rule change to section 54-4104
(11).
The Board recommended
changing proposed rule 401.02 from “identical” to “substantially similar” and
omitting appraiser trainee registration from rule 275.03.
It was moved by Mr. Van Wyk
to approve the proposed rule changes and submit them to the Legislature.
Seconded by Mr. Morgan, motion carried.
Ms. Cory reviewed the
process for submitting rule changes.
CORRESPONDENCE
The Board reviewed a letter from Mr. Greg Graybadger.
The Board stated this issue has already been
addressed by the Board in the past. The 100% compliance of continuing education
for the past six audits proves
The Board reviewed a letter from Mr. Mike Gamblin.
The Board directed counsel to respond to Mr.
Gamblin’s letter and the e-mail regarding the clarification of broker price
opinion. The Board would like counsel to outline the current law regarding
BPO’s, without interpreting the law. The Board stated that if an individual
would like further clarification of the law, they should hire an attorney.
APPRAISAL INSTITUTE LINK
The Board addressed a
request to add a link to the Board’s website to an Appraisal Institute article.
The Board denied the request
noting that it did not want to appear that the Board is promoting a specific
association.
TO DO LIST
The Board reviewed the past
to do list.
A Board member who holds a
Certified General Appraisers license will need to revise the current work
product checklist to include commercial property reviews.
ASC
The Board reviewed the
correspondence from the Appraisal Subcommittee.
AARO
The Board addressed the
upcoming fall Association of Appraiser Regulatory Officials conference.
It was moved by Mr. Morgan
to send Mr. Nuhn and Ms. Brown to the 2009 Fall AARO conference and pay their
related expenses. Seconded by Ms. Lentz, motion carried.
EXECUTIVE SESSION
A motion was made by Mr. Morgan that the Board go into executive session under Idaho Code § 67-2345(1)(d) to consider records that are exempt from disclosure under the Idaho Public Records Law. The purpose of the executive session was to consider license application materials. Seconded by Ms. Lentz. The vote was: Mr. Nuhn, aye; Ms. Lentz, aye; Mr. Morgan, aye; Mr. Van Wyk, aye; and Mr. Bachmeier, aye. Motion carried.
It was moved by Mr. Van Wyk that the Board enter regular session. Seconded by Mr. Morgan. The vote was: Mr. Nuhn, aye; Ms. Lentz, aye; Mr. Morgan, aye; Mr. Van Wyk, aye; and Mr. Bachmeier, aye. Motion carried.
APPLICATIONS
Approved for Exam
It was moved by Mr. Morgan
to approve the following applicants for examination:
BAKER
LEWIS E - LRA
BOWMAN
EDWARD PIKE - CGA
COOK
CAMERON JAMES – CRA
EGBERT
MICHAEL R- CRA
FLAHERTY
RAYMOND JOSEPH - CRA
HANSEN
NIELS PETER – CRA
HOWARD
KEITH - CRA
MARTIN
TYLER PATRICK - CGA
MUNN
RENEE J – CRA
PARKER
MIKE J - CRA
ROBERTS
DILLON – CRA
WARD
BENJAMIN BERTRUM - CGA
Seconded by Ms. Lentz, motion carried.
Pending
It was moved by Mr. Morgan to hold the following applicants pending further information:
901062197
901075552
901042326
901065843
901090084
901089550
901056391
Seconded by Ms. Lentz, motion carried.
CE COURSES
The Board approved the
following provider course applications:
APPRAISAL INSTITUTE
UNIFORM APPRAISAL STANDARDS
FOR FEDERAL LAND ACQUISITIONS - 16 - CE
THE DISCOUNTED CASH FLOW
MODEL: CONCEPTS, ISSUES, AND APPLICATIONS - 7 - CE
ONLINE SITE USE &
VALUATION ANALYSIS - 6 - CE
ONLINE APPRAISAL CURRICULUM
OVERVIEW-RESIDENTIAL - 8 - CE
ARMBRUST & ASSOCIATES
7 HOUR USPAP UPDATE COURSE -
7 - CE
2008-2009 NATIONAL USPAP
UPDATE - 7 - CE
REAL ESTATE APPRAISAL - 21 -
CE
EXECUTRAIN OF
STATISTICS, MODELING AND
FINANCE - 15 - PL/CE
ADVANCED RESIDENTIAL
APPLICATIONS & CASE STUDIES - 15 - PL/CE
MARKET ANALYSIS &
HIGHEST AND BEST USE - 15 - PL/CE
MCKISSOK LP
NEW FANNIE MAE FORM 1004MC,
HVCC & MORE! - 8 - CE
FANNIE MAE FORM 1004MC,
HVCC, & MORE! - 7 - CE
VAN EDUCATION CENTER
2008-2009 7-HOUR USPAP
UPDATE - 7 - CE
It was moved by Mr. Nuhn to
approve the Kaplan Professional Schools course titled, “Residential Inspection”
for 20 hours of pre-licensure education credit for Mr. Jeff Treadwell. Seconded
by Ms. Lentz, motion carried.
NEXT MEETING 10/19/2009
ADJOURNMENT
It was moved by Mr. Morgan that the meeting adjourn at 4:35 PM MDT. Seconded by Mr. Nuhn, motion carried.