IDAHO CONTRACTORS BOARD

 Bureau of Occupational Licenses

Boise, Idaho

Jerry Nemec, Chairman

Pamela Prather

Alan Gelet

Art Elliott III

Steve Pinther

 10/17/2006

Conference Call

Meeting was called to order at 10:15 a.m.

Board Members present:  Jerry Nemec-Chair; Steve R. Pinther, Art Elliott, Alan Gelet and Pamela Prather.

Others present: Rayola Jacobsen- Bureau Chief, Budd Hetrick- Deputy Bureau Chief, Emily McMaster-Deputy Attorney General, Sandee Hitesman-Administrative Assistant II.

Mr. Hetrick gave the investigative report.  There have been 169 complaints for fiscal year 2007, 2 have been closed, 165 cases are under investigation, and 2 are pending board determination.  There have been 56 complaints for fiscal year 2006.  17 of those cases have been closed following board determination, 12 cases have been referred for disciplinary review, and 27 cases are under investigation.

The board reviewed the following disciplinary cases:

CON-P4-02-2007-12:  Motion was made by Mr. Elliott to accept the Bureau’s recommendation of closure.  Seconded by Ms. Prather. 

CON-P1-02-2007-18:  Motion was made by Mr. Elliott to accept the Bureau’s recommendation of closure.  Seconded by Mr.Gelet.

The board inquired on the Bureau’s case numbers for investigative cases.

Mr. Hetrick explained that the CON is for the Contractor Board.  The next letter represents where the complaint came from.  P-Public; L-License; B-Bureau Generated; S-Other State Agency; F-Federal Agency.  The number behind the letter represents the violation code.  The next two numbers represent the area of the state the complaint is coming from.  The next numbers represent the fiscal year the complaint was received, and the last numbers are the chronological order the complaint was received.  When a case is transferred to the Attorney General’s office, the case is given a new case number.  This case number is usually the board’s abbreviation, fiscal year complaint was received, and the chronological order the complaint was received.

Discussion was held on the process for handling liability insurance cancellation notices.  Mr. Hetrick explained to the board that the Bureau has reviewed a new process for handling cancellation notices.  Once a liability insurance cancellation notice has been transferred to the Investigative unit, it will be forwarded directly to Attorney General’s office.  The Attorney General’s office will prepare an emergency suspension document, which will notify the registrant that they have so many days to respond to the document, or their Contractor Registration will be suspended.  An emergency suspension requires the Board Chairman’s signature.  Once the Attorney General’s office has an emergency suspension ready for board review, a conference call of the board will be held.  The board will need to approve the emergency suspension, and the Chairman will need to sign the document. 

The registrant will be given the offer of a consent or stipulation agreement that will include respondent providing current liability insurance, a fine of $250.00, and the recovery of costs of $250.00.  The respondent will then show as having had disciplinary action.  All disciplinary actions are public records. 

If the registrant refuses to sign the consent or stipulation agreement, the registrants Contractor registration will be automatically suspended, and a hearing will be scheduled.  The hearing will be held by a hearing officer. 

The board asked why Workman’s Compensation insurance was not included in the emergency suspension.  Mr. Hetrick noted that Workman’s Compensation is handled by the State Industrial Commission.  The State Industrial Commission should notify the Bureau of a Contractor out of compliance, and the Bureau will notify the Board.  Deputy Attorney General, Emily McMasters, noted that an emergency suspension occurs when there is an immediate danger to the public’s health, safety, and welfare.  Liability Insurance coverage rules to that level.  Workman’s Compensation coverage covers the employees only, and would not affect the general public.

Mr. Hetrick noted that the $250.00 fine and $250.00 recovery of costs would increase if this was not the registrant’s first offense. 

The board noted that the above proposal meets with their approval.

Mr. Hetrick discussed changes being made to the board’s search program on-line.  Once a person chooses the Contractor profession, a drop down box will appear listing Construction types.  The public will be able to search from there the names of registrants with a specific primary Construction type.  The public will also be able to search from this program the Business name, for those who registered as an individual, as long as the individual provided a business name on their application for registration.

Ms. Jacobsen noted that the Industrial Commission will be at the next scheduled board meeting.

Motion was made to go into executive session by Ms. Prather to consider records not for public disclosure at stated in 67-2345 (1) (d).  Seconded by Mr. Elliott, carried.

Motion was made to come out of executive session by Mr. Elliott.  Seconded by Ms. Prather, carried.

Motion was made by Mr. Elliott to approve all applications for registration that were submitted and amended.  Seconded by Ms. Prather, carried. 

The board noted that question #12 of the application was not on the board’s summary page.  The Bureau will have this added to the summary page.

The board discussed that the State Homeowners Association is taking a position on the Idaho Association of Building Officials, (IDABO), proposed legislation to allow all locals to set up a separate building department.  Attorney, Jeremy Pisca, is currently drafting legislation that will allow grandfathering of any current local licensing that is in place.  This legislation would not allow new local licensing to be set up.  The State Board of Contractors is taking a position of opposing the bill being submitted by IDABO. 

Motion was made by Mr. Pinther to request attorney, Jeremy Pisca write a letter stating the State of Idaho Board of Contractors are in opposition to the bill being submitted by the Idaho Association of Building Officials, and have that letter reviewed by the board’s attorney, Roger Hales, and the Bureau of Occupational Licenses.  Seconded by Mr. Elliott, carried. 

Ms. Prather asked if a copy of the IDABO proposal could be sent to her.  Ms. Jacobsen noted that the Bureau would send her a copy of the proposal.

The board reviewed the minutes from the 9-26-06 board meeting. 

Motion was made by Mr. Gelet to approve the minutes from the 9-26-06 board meeting.  Seconded by Mr. Elliott, carried.

Meeting adjourned at 11:05 a.m.