IDAHO BOARD OF ARCHITECTURAL EXAMINERS
Bureau of Occupational Licenses
1109 Main Street, Suite 220
Boise, ID 83702-5642
Board Meeting Minutes of 5/2/2008
BOARD MEMBERS PRESENT: Paul Jensen - Chair
Stanley A. Cole
Steven C Turney
Nicholas Latham
Shelly Servick
D. Nels Reese
BUREAU STAFF: Tana Cory, Bureau Chief
Budd Hetrick, Deputy Bureau Chief
Roger Hales, Administrative Attorney
Dave Hotchkiss, Investigations Coordinator
Cherie Simpson, Management Assistant
Carrie Gilstrap, Technical Records Specialist
Mike Gilmore, Deputy Attorney General
Meeting was called to order at 9:00 AM MST by Paul Jensen.
APPROVAL OF MINUTES
A motion was made by Mr. Reese to approve the minutes of February 15, 2008 as written. Seconded by Mr. Turney, motion carried.
LEGISLATIVE UPDATE
Ms. Cory presented the legislative update to the members of the Board. She stated the legislature would like to minimize the changes presented due to the close quarters they are in while the renovation of the Statehouse is taking place.
Ms. Cory presented the financial report to the members of the Board.
Mr. Hotchkiss presented the investigative report to the members of the Board.
ARC-2007-5
Mr. Gilmore presented the memorandum to the members of the Board. The Board agrees to authorize closure and to include a letter to both parties clarifying each of their duties.
ARC-2008-5
Mr. Gilmore presented the memorandum to the members of the Board. The Board has asked the Attorney General’s Office to send a cease and desist letter to the respondent.
ARC-2008-4
Mr. Gilmore presented the memorandum to the members of the Board. The Board has asked the Attorney General’s Office to send a letter to acknowledge his past disciplinary action in another state. A motion was made by Ms. Servick to close the case. Seconded by Mr. Reese, motion carried.
CONTINUING EDUCATION AUDIT
The Board conducted the annual continuing education audit of 10% of current licensees. The Board will be reviewing a total of 115 audits.
Discussion was held with Mr. Gilmore regarding these continuing education audits and the consequences for non-compliance. Mr. Jensen stated he would like disciplinary action taken for those who state at the time of renewal that they have met the requirement when they actually haven’t. Mr. Gilmore explained the process for those cases that will be referred to the Attorney General’s Office for those who did not comply.
OLD BUSINESS
DISCUSSION REGARDING AMICUS CURIAE BRIEF
Mr. Hales presented the amicus curiae brief, Blaine County Case No.: CV-05-960, to the members of the Board. The Board in a previous meeting made a motion allowing Mr. Hales to follow up in their support of the case. Mr. Hales stated he would notify the secretary of the hearing dates to give to the Board. The Board extended their appreciation to Mr. Hales.
POSSIBLE LAW and RULE CHANGE REGARDING THE INTERNSHIP DEVELOPMENT PROGRAM CANDIDATES
The Board discussed the option of allowing IDP candidates to begin taking the examination prior to completing the three year internship. The Board reviewed the current Rule 375. regarding architectural interns. The current rule states each intern must complete their three year enrollment prior to taking the ARE exam. Mr. Turney stated if neighboring states are allowing an intern to begin the exam early then perhaps Idaho should too.
The Board also discussed changing Idaho Code 54-302 regarding Qualifications for Examinations and License.
A motion was made by Mr. Reese to direct counsel to revise Board law to allow an applicant to take any part of the examination after they have graduated or established the eight years of practical experience and after they started the internship. Seconded by Mr. Turney. Further discussion was held regarding the process of internship. Motion carried.
LAW CHANGE REGARDING UNLICENSED PRACTICE
Discussion was held regarding unlicensed practice. Mr. Hales stated he doesn’t believe a bill could pass that would give the Board jurisdiction over unlicensed practice. There was further discussion about other ways to prosecute individuals who are practicing without a license. Mr. Hales stated to successfully pass a law change, the Board should meet with the Board of Engineers.
A motion was made by Mr. Cole to direct counsel to contact the Attorney General’s Office regarding the prosecution of unlicensed practice. Seconded by Mr. Latham, motion carried.
UPDATE ON PROCEDURE REGARDING FIRM NAME
Ms. Simpson explained the process of registering firm names to the members of the Board. She stated at the time a license is issued, the Bureau sends a form the licensee completes and returns with the stamped architect seal as well as information on the firm name and its shareholders. This is then stored under the licensee’s documentation. The Board reviewed Idaho Code 54-307 regarding the firm name.
The Board discussed adding this to the renewal process to gain compliance with the current statute which states an individual must notify the Board of any changes in firm personnel, etc. The Board requested the Bureau staff to follow up with the IT department on the cost and availability to implement a form which requires the licensee to update the status of their firm. Ms. Servick stated the Board should find out from other states that license firms what the need is to track this information. Mr. Turney agreed to follow up on this.
NEW BUSINESS
POSSIBLE SEMINAR FOR INTERNS
The Board discussed sponsoring a seminar for interns to educate and encourage them through the process. Mr. Reese and Mr. Turney have agreed to follow up with the state that has previously put on a seminar to get input.
CORRESPONDENCE FROM AR-374
The Board discussed emeritus status and the requirement of continuing education. A motion was made by Mr. Turney to direct counsel to respond to the licensee regarding emeritus status. Seconded by Ms. Servick, motion carried.
DISCUSSION REGARDING INTERIOR DESIGNERS
The Board discussed proposed legislation for interior designers. Mr. Cole stated the interior designer’s goal is to have legislation ready to propose for next year’s session. The Board asked Mr. Hales to notify them if this legislation arises. Mr. Cole suggested the Board could present to and educate the Interior Designers of Idaho on the Architecture law and rules. Mr. Latham suggested the Board continue to monitor the progress of their proposal. Mr. Hales suggested the Bureau send them a letter letting the interior designers know of the architect’s interest in the legislation.
The next meeting is scheduled for September 5, 2008 at 9:00 a.m.
2008 ANNUAL NCARB CONFERENCE
A motion was made by Ms. Servick to approve all expenses to attend the 2008 Annual NCARB meeting in Pittsburgh, PA from June 25-28, 2008 for Mr. Jensen, Mr. Reese, Mr. Cole, Ms. Servick, and Mr. Turney. Seconded by Mr. Reese, motion carried.
The meeting broke for lunch at 12:00 p.m.
The meeting was called to order at 1:05p.m.
The Board reviewed the draft for the change to Idaho Code 54-302, which would allow an individual to begin taking the exam once they have started an internship program and have met the education or experience requirement.
A motion was made by Mr. Cole to approve the language change to Idaho Code 54-302 pending Mr. Hale’s review. Seconded by Mr. Turney, motion carried.
CONTINUING EDUCATION REQUESTS
A motion was made by Mr. Turney to direct the secretary to send a letter to Mr. Weston suggesting he self report the seminar entitled Alternative House Practices: Designing Development Homes to the AIA. It does not meet Idaho’s requirement for eight hours in health, safety, and welfare. Seconded by Mr. Latham, motion carried.
A motion was made by Mr. Cole to approve the continuing education request from the University of Idaho for web seminars attended by University of Idaho personnel on September 25, 2007. Seconded by Mr. Reese, motion carried.
A motion was made by Ms. Servick to approve the continuing education request from the University of Idaho for web seminars attended by University of Idaho personnel on February 26, 2008. Seconded by Mr. Latham. Those opposed Mr. Cole and Mr. Turney. Motion carried.
EXECUTIVE SESSION
A motion was made by Mr. Cole to enter into executive session to discuss applications exempt from public disclosure as per Idaho Code 67-2345.1(d). Seconded by Mr. Turney. The vote was: Mr. Jensen, aye; Mr. Cole, aye; Mr. Turney, aye; Mr. Latham, aye; Ms. Servick, aye; and Mr. Reese, aye. Motion carried.
A motion was made by Mr. Latham to come out of executive session. Seconded by Mr. Turney. The vote was: Mr. Jensen, aye; Mr. Cole, aye; Mr. Turney, aye; Mr. Latham, aye; Ms. Servick, aye; and Mr. Reese, aye. Motion carried.
APPLICATIONS
A motion was made by Mr. Latham to approve the following applications for endorsement. Seconded by Mr. Reese, motion carried.
AR-984915 OBRIEN JOHN E
AR-984919 LEONARD RICHARD WYATT
AR-984923 BLAZEJ RADIM
AR-984924 MAINS LENDALL WILLIAM
AR-984926 REEVES JAY ERIC
AR-984927 GAVIN VINCENT DEE
AR-984928 MCCULLEN DORRANCE
AR-984929 BEARD RICHARD DOYLE
AR-984932 LABENZ ROBERT SCOTT
AR-984933 CAWTHORNE VICTOR ALAN
AR-984934 WAUFORD JAMES
AR-984937 NELSON DANIEL A
AR-984939 SELLERS WILLIAM RICKIE
AR-984940 STUEVE MICHAEL
AR-984943 CASTRO PEDRO AZEVEDO DE MAGALHAES
AR-984944 ECKERT JOHN CHARLES
AR-984946 WINNER JOHN
AR-984948 SALMON NICHOLAS PETER
AR-984951 TREADWAY LYMAN MICHAEL
AR-984952 CASTRO MICHAEL
AR-984953 UGOROWSKI EDWIN
AR-984551 GOLDSMITH NICHOLAS S
AR-984734 KRUSE RONALD SCOTT
AR-984843 MACKIE RON RAY
AR-984891 PREST DAVID GEORGE
AR-984906 BRITTELL DAVID
AR-984907 COX FRED CORNICK
AR-984912 GLAZIER ROBERT CAMERON
AR-984913 VAMOSI ZSOLT
A motion was made by Mr. Latham to approve the following applications for licensure by examination. Seconded by Mr. Reese, motion carried.
AR-984470 ZANE JAMES RYAN
AR-984813 POWELL ROBERT JOHN
AR-984532 MICKOLIO EUGENE A
AR-984312 SCHUSTER MELANIE M
A motion was made by Mr. Latham to approve the following applications for examination. Seconded by Reese, motion carried.
GARRETT, BRIAN
ROWSER, GENTLE
SIEVERS, CLINT
WALKER, MICHAEL
SMITH, JASON
FEHRENBACKER, ROBERT
EXECUTIVE SESSION
A motion was made by Mr. Cole to enter into executive session to discuss applications exempt from public disclosure as per Idaho Code 67-2345.1(d). Seconded by Ms. Servick. The vote was: Mr. Jensen, aye; Mr. Cole, aye; Mr. Turney, aye; Mr. Latham, aye; Ms. Servick, aye; and Mr. Reese, aye. Motion carried.
A motion was made by Mr. Latham to come out of executive session. Seconded by Mr. Turney. The vote was: Mr. Jensen, aye; Mr. Cole, aye; Mr. Turney, aye; Mr. Latham, aye; Ms. Servick, aye; and Mr. Reese, aye. Motion carried.
APPLICATIONS
ARCA- 984917 A motion was made by Mr. Turney to deny the temporary permit application for not having a current NCARB certificate. Once it is received the permit can be issued. Seconded by Mr. Latham, motion carried.
ARCA-984930 A motion was made by Ms. Servick to deny the application based upon not disclosing past disciplinary sanctions in the State of Nevada. Seconded by Mr. Turney, motion carried.
ARCA-984914 A motion was made by Mr. Latham to issue the license with a $500.00 fine for working in Idaho without a license, but this decision is subject to Mr. Hale’s review and approval. Seconded by Ms. Servick, motion carried.
ARCA-984887 A motion was made by Mr. Turney to deny the application for examination based upon not having a National Architectural Accrediting Board (NAAB) accrediting degree and he does not have a enough work experience based upon the broadly experienced architect. Seconded by Mr. Latham. Mr. Reese recused himself from voting. Motion carried.
PROPOSED LAW CHANGE 54-302
A motion was made by Ms. Servick to accept the revised addition to Idaho Code 54-302. Seconded by Mr. Latham, motion carried.
CONTINUING EDUCATION AUDITS
The Board reviewed the continuing education audits.
A motion was made by Mr. Turney to adjourn the meeting at 4:20 p.m. Seconded by Mr. Latham, motion carried.