Idaho Real Estate Appraiser Board
Bureau of Occupational Licenses
1109 Main Street, Suite 220
Boise, Idaho 83702-5642
(208) 334-3233

Minutes of February 12, 2007 

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:           Tana Cory, Bureau Chief

                                   Budd Hetrick, Deputy Bureau Chief                                                                       

                                   Bill Schaefer, Deputy Bureau Chief

                                   Roger Hales, Administrative Attorney

                                   Carlton R. Ericson, Associate Attorney

                                   Maria Brown, Technical Records Specialist I

 

 

Others Present:            Debbie Field, Idaho Office of Drug Control Policy

                                    Julie Swanson, Legislative Services Office

                                    Joe Hess

                                    Kenneth Johnson

                                    Pike Teinert

                                    Joe Rountree

                                    James Davis

                                    Eldon Smith

                                    Carl Seymour

                                    Lynette Judson

                                    Melinda Abrenilla

 

                                   

 

 

The meeting was called to order at 9:04 a.m. by Chair, Mr. Paul Morgan.

 

The Board reviewed the minutes from the December 18, 2006 Board meeting.

Motion was made by Mr. Bachmeier to accept minutes as written. Seconded by Mr. Moe, carried.

Ms. Tana Cory, Bureau Chief, introduced herself to the Board and shared her experience working in government.

Ms. Cory gave the Legislative report. The Bureau has submitted a request for two Office Specialist 2 and two Investigator positions this Legislative Session.

Mr. Hetrick, Deputy Bureau Chief, gave the financial report. Detailed report is on the web. The Board has as of 1/31/2007, $173,117.40 in appropriation with a cash balance of $146,619.95. The Board requested information on the exam costs. The cost pertains to USPAP books that were sent to all Idaho licensed appraisers.

Mr. Hetrick gave the investigative report.

Mr. Hetrick presented a recommendation for case # REA-P3A-2-2005-1. 

Motion made by Mr. Morse to accept IBOL recommendation for closure. Seconded by Ms. Lentz, carried.

Mr. Hetrick presented a recommendation for case #’s REA-B6C-2007-9, 14,15,16,18,19,21,24,26,27,28,29,30,31,32,33,34,36,37,38,39,40,41,43,44,46.

Motion made by Mr. Morse to approve IBOL recommendation with a condition that either someone from the Attorney General’s office, Roger Hales, or the Appraisal Subcommittee review the recommendation. Seconded by Mr. Moe, carried.

Mr. Hetrick informed the Board that one investigator is now solely responsible for Real Estate Appraisal cases. The Bureau anticipates several cases to be presented to the Board shortly. The Appraisal Subcommittee has stated that all cases should be before the Board within one year.

Mr. Hales, Administrative Attorney, updated the Board on the status of the proposed rules. The Legislators have concerns with regards to continuing education credit being given to individuals attending Board meetings. They would like the Board to limit the time allowed for attending a Board meeting. The Legislators do not want continuing education credit to be given to Board members attending Board meetings.

Motion made by Mr. Morse to hold all applications submitted from this date forward until new rules are in effect to ensure applicants meet educational requirements. Seconded by Ms. Lentz.

Mr. Hales informed the Board that he will be before the House during the scheduled hearing and that his associate Mr. Carlton Ericson will stand in his place. Mr. Hales recommends that the Board take the matter under advisement. The Board has 56 days to make a decision on the case.

Board discussed whether to hold monthly meetings between April and December of 2007, or two day Board meetings every other month due to the anticipated number of applications for licensure. Discussion tabled for a later date.

Board discussed email from Ruby Stroschein asking for a legal opinion. Board explained that the rule and law is what it is and that our Board council should not be giving interpretations. They also stated that they, as a Board, do not have jurisdiction over non-licensed individuals and that these cases should be handled by the Real Estate Commission not the Bureau.

Motion made by Ms. Lentz to direct Mr. Morse to draft a letter to the Real Estate Commission concerning this matter. Seconded by Mr. Bachmeier, carried.

Board reviewed letter from Mr. Scott Erwin concerning continuing education credit.

Motion made by Mr. Morse to approve hours submitted for continuing education credit. Seconded by Ms. Lentz, carried.

Board reviewed letter from Mr. Kenneth Johnson concerning education requirement for licensure.

Motion made by Ms. Morse to direct Board secretary to send a letter to Mr. Johnson informing him of the upcoming rule change. Seconded by Ms. Lentz, carried.

Board discussed letter from Montana stating that at this time all reciprocal agreements with various states have been suspended.

Motion made by Mr. Morse to suspend reciprocal agreement with the State of Montana based on the letter sent from that state until such time of a resolution. Direct Mr. Hales to send a response letter with a copy of law and rule. Carbon copy the Board. Seconded by Mr. Moe, carried.

Board reviewed email from Mr. John Wilkey asking for clarification regarding reinstatement of licensure and USPAP.

Motion made by Mr. Moe for Board to review revising Rule 401.04. Due to the rule possibly requiring an individual to complete two 7 hour USPAP courses before reinstatement of licensure can take place. Direct Board secretary to send a letter to Mr. Wilkey informing him that one 7 hour USPAP course is all that needs to be submitted. Seconded by Ms. Lentz, carried.

Board discussed letter sent from Mr. Dave Robinson asking to be allowed to train under a Licensed Residential Appraiser.

Motion made by Mr. Morse to inform Mr. Robinson that the rule is clear. The board does not feel it has the discretion to approve requirements under the amended registered trainee application. Applicant should find a Certified Appraiser licensed in Idaho to supervise him. Seconded by Ms. Lentz, carried. 

Board took a break at 10:25a.m.

Board returned from break at 10:40a.m.

Board discussed demonstration reports. The Board stated that an applicant must show the three approaches by submitting a 2-4 family report.

Board secretary to send Ms. Lentz application packets for each license. Ms. Lentz and Board secretary to create a list for the website showing what should be submitted to the Board when applying for licensure. Board to review list at the next Board meeting.

Motion made by Mr. Morse to go into executive session. Seconded by Mr. Bachmeier, carried.

Motion made by Mr. Morse to come out of executive session. Seconded by Ms. Lentz, carried.

Ms. Debbie Field, Director of the Idaho Office of Drug Control Policy, spoke to the Board regarding meth labs and meth use in Idaho. Idaho is 6th in the nation concerning meth labs. Ms. Field shared stories of how meth is affecting the State of Idaho. She stated that Governor Otter is concentrating on this growing problem. The Board talked in length with Ms. Field about Idaho and the need for Legislators to enact disclosure laws under any real estate transaction. Federal privacy laws should be changed. Legislators should also create a duty of disclosure so the professions involved would not be liable. The Board also spoke about what to do with a property once it is determined that it was a meth lab. A public record list should be created through law enforcement and Health and Welfare listing all meth labs 15 years back. Cleanup should include hazmat. Banking industry, realtors, appraisers, and inspectors could all lobby for the changes. The Board secretary will email Ms. Fields contact information for each Board member.

Ms. Julie Swanson, Budget and Policy Analyst with the Legislative Services Office, addressed the Board concerning the Appraisal Subcommittee and the state. The Board emphasized the seriousness of this issue and how important it is that the Bureau be granted additional staff and funding for legal resources. The Board stated that it has a surplus built up and must have authorization channeled for the resources needed. Ms. Swanson explained that authorized funds would go to the Bureau. The Bureau would have to budget accordingly. The Board explained that the Real Estate Appraiser Board is the only occupation in the Bureau with federal oversight. Ms. Cory, Bureau Chief, stated that the Bureau has been working closely with Ms. Swanson on the Bureau’s budget request. If the legislature approves the Governor’s revision, the Bureau will allocate those additional resources to help address the concerns of the Board. Mr. Morse stated that the Real Estate Appraiser Board only wants to use funds collected for the Real Estate Appraiser Board for its issues. He stated that the system has not been working effectively. The Board does not want to leave the Bureau, but would like more resources. Ms. Cory explained that when the Bureau receives its appropriation, it is allocated to the Boards based on historical program costs, expected needs, and revenue and expense projections for each of the Boards. The prosecutorial duties of the Office of the Attorney General were discussed and Mr. Morgan stated that there appears to be a backlog of cases in their office. The Board feels that the Deputy Attorney General should have cases to present to the Board at every Board meeting. Ms. Cory said that she would meet with the new Division Chief of the Attorney Generals Office to explain the issue and ask if they can attend the next Board meeting.

Board broke for lunch at 12:25p.m.

Board back from lunch at 1:20p.m.

Motion made by Ms. Lentz to go into executive session to review applications. Seconded by Mr. Morse, carried.

Motion made by Ms. Lentz to come out of executive session. Seconded by Mr. Bachmeier, carried.

The Board heard oral argument between Mr. John Robert Hennessey, case #REA-2006-1, and the Idaho State Board of Real Estate Appraisal.

Motion made by Mr. Moe to go into executive session. Seconded by Ms. Lentz, carried.

Motion made by Mr. Bachmeier to come out of executive session. Seconded by Mr. Morse, carried.

Board secretary to email the Board regarding the conference call.

The Board reviewed provider applications for pre-licensure and continuing education.

 

The following applicants were approved for examination:

 

Melinda Abrenilla CRA

Cameron Cook LRA

Rochelle Cvitanich CRA

Glen Dick CRA

James Engler CRA

Layne Hall CRA

Jay Hartman CRA

Joe Hess CRA

Randy Jennings LRA

Lynnette Judson LRA

Wade Massey CRA

John Rhodes CRA

Joseph Rountree CRA

 

The following applicants were denied pending additional information:

 

Rigo Ayala

Michael Doyle

James Davis

Benjamin Mendez

John Merzlock

John Outhet

Daniel Perry

Gerald Porter

William Schultz

Carl Seymour

Cynthia Seymour

Gregory Smith

Thomas Stafford

Jared Stein

 

Meeting adjourned at 7:30 p.m.