Idaho Real Estate Appraiser Board
Bureau of Occupational Licenses
1109 Main Street, Suite 220
Boise, Idaho 83702-5642
(208) 334-3233
Minutes of December 18, 2006
Board Meeting
Roll Call: Paul J. Morgan – Chair
Stanley Moe, Board Member
Rick Bachmeier, Board Member
Ed Morse, Board Member
Patricia Lentz, Board Member
Bureau Present: Rayola Jacobsen, Bureau Chief
Budd Hetrick, Deputy Bureau Chief
Roger Hales, Administrative Attorney
Karl Klein, Deputy Attorney General
Maria Brown, Technical Records Specialist I
The meeting was called to order at 9:02 a.m. by Chair, Mr. Paul Morgan.
The Board reviewed the minutes from the October 26, 2006 Board meeting.
Motion was made by Ms. Lentz to accept minutes with amendments. Seconded by Mr. Bachmeier, carried.
Registered Trainee, Erin Brady, addressed the Board regarding experience hours logged under now deceased supervisor. Board stated that a Registered Trainees name does not need to appear on an appraisal in order to receive credit. The Board also stated that it would be at their discretion to approve experience hours logged under the deceased supervisor.
Motion made by Mr. Morse to direct staff to send a letter to Ms. Brady, once approved by Board chair, detailing the Boards decision. A copy of the letter should accompany Ms. Brady’s file. Seconded by Ms. Lentz, carried.
Ms. Jacobsen, Bureau Chief, gave the Legislative report. Lawrence Denney is the new Speaker of the House. Ms. Jacobsen asked the Board to educate their legislators by contacting them and asking for their support. Ms. Jacobsen will provide a list to each Board member of everyone on the JFAC Committee.
Ms. Jacobsen gave the financial report. Detailed report is on the web. The Board has as of 12/31/2006, $150,727.61 in appropriation with a cash balance of $145,149.74. A large number of expenditures came out of the first of the fiscal year. A large number of cases are being moved through which will impact the budget.
Karl Klein, Deputy Attorney General, presented a stipulation and consent order for case # REA-2006-5.
Motion was made by Mr. Bachmeier to accept the Attorney General's recommendation with amendment to 6 months from 1 year. Seconded by Ms. Lentz, carried. Mr. Morse recused himself from voting on this matter.
Mr. Klein presented a stipulation and consent order for case # REA-2007-1.
Motion was made by Mr. Morse to accept the attorney general's recommendation. Seconded by Mr. Bachmeier, carried.
Mr. Klein presented a memorandum for # REA-2007-2.
The Board approved recommendations with additional requirements.
Mr. Klein presented a memorandum for # REA-2007-3.
The Board approved recommendations.
Mr. Klein presented a memorandum for # REA-2007-4.
The Board approved recommendations with additional requirements.
Mr. Klein presented a memorandum for # REA-2007-5.
The Board approved recommendations with additional requirements.
Mr. Klein presented a memorandum for # REA-2007-7.
The Board approved recommendations with additional requirements.
The Board took a break at 11:15a.m
The Board returned from break at 11:25a.m.
Mr. Klein presented a memorandum for # REA-2007-9.
The Board approved recommendations with additional requirements.
Mr. Klein presented a memorandum for # REA-2007-10.
The Board approved recommendations.
Mr. Klein presented a memorandum for # REA-2007-11.
The Board approved recommendations with additional requirements.
Mr. Klein presented a memorandum for # REA-2007-12.
The Board approved recommendations with additional requirements.
Mr. Klein presented a memorandum for # REA-2007-13.
The Board approved recommendations with additional requirements.
The Board reviewed continuing education audits. A large number of licenses were found to be out of compliance. The Board approved the attorney general’s recommendations with additional requirements.
The Board broke for lunch at 12:05p.m.
The Board returned at 1:15p.m.
Motion made by Mr. Morse to go into executive session to review matters exempt from public disclosure. Seconded by Ms. Lentz, carried.
Motion made by Mr. Morse to come out of executive session. Seconded by Ms. Lentz, carried.
Motion made by Mr. Morse for the Board to adopt an interpretation and amendment to Rule 275.01.b.2. “From acting as a supervisor”. Interpreted as, “If disciplinary action was taken that would effect licensees ability to supervise they are no longer eligible to supervise.” Seconded by Ms. Lentz, carried.
Mr. Klein presented a memorandum for # REA-2007-8.
The Board approved recommendations with additional requirements.
Budd Hetrick, Deputy Bureau Chief, gave the investigative report.
Fiscal Year 2007: To date, forty-nine (49) complaints have been received. Of those fifteen (15) remain under investigation; thirty three (33) are pending legal review by the Office of the Attorney General; and one (1) awaits board determination. Fiscal Year 2006: Twenty Nine (29) complaints were received. Of those, one (1) has been closed by Board action; six (6) are pending legal review by the Office of the Attorney General; and twenty two (22) remain under investigation. Fiscal Year 2005: Thirty Five (35) complaints were received. Of those, eight (8) were closed by Board action; twelve (12) are pending legal review by the Office of the Attorney General; eleven (11) remain under investigation; and four (4) await Board determination. Fiscal Year 2004: Thirty Nine (39) complaints were received. Of those, twenty-two (22) were closed by Board action; eleven (11) are pending legal review by the Office of the Attorney General; five (5) remain under investigation or pro-review; and one (1) await Board determination.
Fiscal Year 2003: Thirty Two (32) complaints were received. Of those, twenty-seven (27) were closed by Board action; three (3) are pending legal review by the Office of the Attorney General; and one (1) remains under investigation ; and one (1) await Board determination. Fiscal Year 2002: Thirty Two (32) complaints were received. Of those, thirty (30) were closed by Board action; one (1) is pending legal review by the Office of the Attorney General; and one (1) awaits Board determination.
Complaint issues:
Unlicensed Practice / Unlicensed Employees – 8
Practice Beyond Scope – 4
Bias / Personal Interest – 5
Advertising / Misrepresentation – 6
Inspection – 6
Fraudulent Data – 13
Competence – 94
Comparables – 5
Valuation – 20
Confidentiality – 2
Assignment – 2
Mr. Hetrick presented a recommendation for case # REA-L3C-2-2002-55.
Motion made by Mr. Bachmeier to accept IBOL recommendation for closure with a letter of reprimand sent and added to file. Seconded by Ms. Lentz, carried.
Mr. Hetrick presented a recommendation for case # REA-P2A-1-2003-16.
Board advised to return to Attorney General for consent order regarding the appraisal & the records requirement for failure to maintain records after INV contact.
Mr. Hetrick presented a recommendation for case # REA-L32-1-2004-24.
Motion made by Mr. Morse to accept IBOL recommendation for closure with an advisory letter. Seconded by Ms. Lentz, carried.
Mr. Hetrick presented a recommendation for case # REA-L3-2-2005-6.
Motion made by Mr. Moe to accept IBOL recommendation for closure with an advisory letter. Seconded by Ms. Lentz, carried.
Mr. Hetrick presented a recommendation for case # REA-L3-2-2005-7.
Motion made by Ms. Lentz to accept IBOL recommendation for closure with an advisory letter. Seconded by Mr. Morse, carried.
Mr. Hetrick presented a recommendation for case # REA-L3-2-2005-9.
Motion made by Mr. Moe to accept IBOL recommendation for closure with an advisory letter. Seconded by Ms. Lentz, carried.
Mr. Hetrick presented a recommendation for case # REA-P3-2-2005-34.
Motion made by Ms. Lentz to accept IBOL recommendation for closure. Seconded by Mr. Bachmeier, carried.
Mr. Hetrick presented a recommendation for case # REA-L1A-2-2007-5.
Motion made by Mr. Moe to accept IBOL recommendation for closure with an advisory letter. Seconded by Ms. Lentz, carried.
Mr. Hales, Administrative Attorney, presented formal disciplinary case # REA-2006-1.
Motion made by Mr. Morse to schedule a time for argument for the attorneys involved before the Board. Seconded by Ms. Lentz, carried.
Motion made by Mr. Morgan to go into executive session to review matters exempt from public disclosure. Seconded by Ms. Lentz, carried.
Motion made by Mr. Morgan to come out of executive session. Seconded by Ms. Lentz, carried.
The Board discussed email sent from Denise Graves. The interpretation of rule given by staff to Ms. Graves was correct.
The Board discussed response letter to the Appraisal Sub Committee. Mr. Morgan will revise the letter through email, adding the fact that the Board now has a fulltime secretary, CE audits have been done, and several cases resolved.
The Board tabled item 5 on the agenda, review letter sent from Mr. Johnson.
The Board tabled item 6 on the agenda, discuss request to educate lenders.
The Board gave the public an opportunity to address the Board.
Motion made by Mr. Morse to go into executive session to review applications. Seconded by Ms. Lentz, carried.
The following applicants were approved for examination:
Joe Stenkamp
Stephanie Higdem
Dirk Jacobsen
Lawrence Smith
Christopher Kostka
Kerri Corlett
Gordon Bower
Dustin Harris
John Plott
Gregory Tye
Tracy Golder
The Board tabled reviewing applications for providers.
Meeting adjourned at 7:30 p.m.