Idaho Real Estate Appraiser Board
Bureau of Occupational Licenses
1109 Main Street, Suite 220
Boise, Idaho 83702-5642
(208) 334-3233
Minutes of April 10 -11, 2007
Board Meeting
Date: April 10, 2007
Roll Call: Paul J. Morgan – Chair
Rick Bachmeier, Board Member
Ed Morse, Board Member
Patricia Lentz, Board Member
Bureau Present: Tana Cory, Bureau Chief
Budd Hetrick, Deputy Bureau Chief
Roger Hales, Administrative Attorney
Emily Mac Master, Deputy Attorney General
Mike Gilmore, Senior Deputy Attorney General
Maria Brown, Technical Records Specialist I
Others Present: Daniel Bair
Pike Teinert
Greg Graybadger
John Hennessey
The meeting was called to order at 9:00 a.m. by Chairman, Mr. Paul Morgan.
The Board reviewed the minutes from the February 12, 2007 Board meeting.
Motion was made by Mr. Morse to accept minutes with amendments. Seconded by Ms. Lentz, carried.
The Board reviewed the minutes from the February 26, 2007 and March 16, 2007 conference calls.
Motion was made by Mr. Morse to accept minutes as written. Seconded by Ms. Lentz, carried.
Ms. Cory, Bureau Chief, gave the Legislative report. The Legislature approved the hiring of two Office Specialists, and two Investigators for the Bureau.
Ms. Cory updated the Board on the status of the Bureau’s Real Estate Appraiser work group.
Roger Hales, Administrative Attorney, spoke to the Board about the most recent letter from the Appraisal Subcommittee. He outlined each item in the letter and what specifically has been done to correct the issues. Mr. Hales also discussed with the Board the response letter sent to the Appraisal Subcommittee outlining what the Board and Bureau have done to correct the issues. Each subject in the letter has been addressed and either resolved or in the process of resolution.
A continuing education advisory letter was sent to all Idaho Appraisers on 3/20/2007. This letter outlined the continuing education requirements for all Idaho Appraisers.
Ms. Cory conveyed a message from Denise Graves with the Appraisal Subcommittee. Ms. Graves was appreciative of the work that the Board and Bureau have done.
Mr. Morse agreed with Ms. Graves’s statement and added that the Board is very pleased with the work that the Bureau and the Attorney General’s Office is doing to address all of the Appraisal Subcommittee’s concerns.
Mr. Hetrick, Deputy Bureau Chief, gave the financial report. Expenditures are more than the revenue due to the increase in investigative cases and old cases moving more quickly through the process. A detailed report is on the website.
Mr. Hetrick gave the investigative report.
Mr. Hetrick presented a recommendation for case # REA-P3-2-2003-10.
Motion made by Mr. Morse to accept IBOL recommendation for closure. Seconded by Ms. Lentz, carried.
Mr. Hetrick presented a recommendation for case # REA-P3C-4-2004-37.
Motion made by Mr. Morse to accept IBOL recommendation for closure. Seconded by Ms. Lentz, carried.
Mr. Hetrick presented a recommendation for case # REA-BC3-2-2005-16.
Motion made by Mr. Morse to accept IBOL recommendation for closure with a strongly worded advisory letter. Seconded by Ms. Lentz, carried.
Mr. Hetrick presented a recommendation for case # REA-BC3-2-2005-18.
Motion made by Ms. Lentz to accept IBOL recommendation for closure. Seconded by Mr. Bachmeier, carried.
Mr. Hetrick presented a recommendation for case # REA-B3C-2-2005-19.
Motion made by Ms. Lentz to accept IBOL recommendation for closure. Seconded by Mr. Bachmeier, carried.
Mr. Hetrick presented a recommendation for case # REA-B4C-2-2005-28.
Motion made by Ms. Lentz to accept IBOL recommendation for closure. Seconded by Mr. Bachmeier, carried.
Mr. Hetrick presented a recommendation for case # REA-L6A-1-2005-35.
Motion made by Mr. Morse to accept IBOL recommendation for closure. Seconded by Mr. Bachmeier, carried.
Mr. Hetrick presented a recommendation for case # REA-P3C-4-2006-10.
Motion made by Mr. Morse to accept IBOL recommendation for closure. Seconded by Ms. Lentz, carried.
Mr. Hetrick presented a recommendation for case # REA-L1-4-2006-12.
Motion made by Mr. Morse to accept IBOL recommendation for closure with a cease and desist letter to respondent, and a copy sent to the Real Estate Commission. Seconded by Ms. Lentz, carried.
Mr. Hetrick presented a recommendation for case # REA-B6C-2-2007-20.
Motion made by Mr. Morse to accept IBOL recommendation for closure. Seconded by Mr. Bachmeier, carried.
Mr. Hetrick presented a recommendation for case # REA-B6C-2-2007-22.
Motion made by Mr. Morse to accept IBOL recommendation for closure. Seconded by Mr. Bachmeier, carried.
Mr. Hetrick presented a recommendation for case # REA-B6C-2-2007-25.
Motion made by Mr. Morse to accept IBOL recommendation for closure. Seconded by Mr. Bachmeier, carried.
Mr. Hetrick presented a recommendation for case # REA-L2C-2-2007-48.
Motion made by Mr. Morse to accept IBOL recommendation for closure. Seconded by Mr. Bachmeier, carried.
Mr. Hetrick presented a recommendation for case # REA-L2C-2-2007-49.
Motion made by Mr. Morse to accept IBOL recommendation for closure. Seconded by Ms. Lentz, carried.
Applications for licensure by Reciprocity and the IBOL website have been updated deleting Montana as a reciprocal state.
Mr. Hetrick presented a letter from Darrell Loosle requesting reinstatement of his license without restrictions.
Motion made by Mr. Morse to direct the Bureau to pull one appraisal from Mr. Loosle’s log and have a Pro-Reviewer review the report. Once the report is reviewed, IBOL will report the findings to the Board. The Board will then respond to Mr. Loosle’s request. Seconded by Ms. Lentz, carried.
The Board took a break at 10:45a.m.
The Board returned from break at 11:55a.m.
Emily Mac Master, Deputy Attorney General, introduced Mike Gillmore, Senior Deputy Attorney General, to the Board. Mr. Gillmore will be working with the Board to continue moving cases through.
Ms. Mac Master presented a letter to the Board in regards to case # REA-2007-34.
Motion made by Mr. Morse to direct Mr. Hales to send a response letter stating that although the Board appreciates his letter, the Board is under Federal oversight by the Appraisal Subcommittee. Seconded by Mr. Bachmeier, carried.
Ms. Mac Master presented a stipulation and consent order for case # REA-2007-19.
Board will take a position on the case later in the day.
Ms. Mac Master presented a stipulation and consent order for case # REA-2007-44.
Board will take a position on the case later in the day.
Ms. Mac Master presented a stipulation and consent order for case # REA-2007-45.
Board will take a position on the case later in the day.
Board discussed adoption date by the Appraisal Subcommittee for USPAP and the effective date of Idaho rules.
Ms. Mac Master presented a stipulation and consent order for case # REA-2007-4.
Motion made by Ms. Lentz to accept the Deputy Attorney General’s recommendation for closure. Seconded by Mr. Morse, carried.
Ms. Mac Master presented a stipulation and consent order for case # REA-2007-12.
Ms. Lentz recused herself from voting on this matter.
Motion made by Mr. Morse to accept the signed consent order with a response letter written by the Attorney General’s office. Seconded by Mr. Bachmeier, carried.
Ms. Mac Master presented a stipulation and consent order for case # REA-2007-11.
Ms. Lentz recused herself from voting on this matter.
Motion made by Mr. Bachmeier to accept the consent order. Seconded by Mr. Morse, carried.
Ms. Mac Master presented a stipulation and consent order for case # REA-2007-5.
Ms. Lentz recused herself from voting on this matter.
Motion made by Mr. Morse to accept the consent order. Seconded by Mr. Bachmeier, carried.
Ms. Mac Master presented a stipulation and consent order for case # REA-2007-2.
Motion made by Ms. Lentz to accept the consent order. Seconded by Mr. Morse, carried.
Ms. Mac Master presented a stipulation and consent order for case # REA-2007-7.
Motion made by Ms. Lentz to accept the consent order. Seconded by Mr. Morse, carried.
Motion made by Mr. Morse to authorize the Chairman of the Board to sign on behalf of the Board for all of the orders presented. Seconded by Ms. Lentz, carried.
Mr. Morgan, Chairman of the Board, signed the orders presented.
The Board broke for lunch at 12:10p.m.
The Board returned and called the meeting back to order at 1:20pm.
Mr. Gillmore, Senior Deputy Attorney General, submitted a memorandum with several recommendations for further discipline the Board agreed with each recommendation with some recommendations of their own.
Ms. Mac Master presented the Board with the prosecution status report, which was requested for each meeting by the Board. The Attorney General’s office was very careful not to mention specifics in the report due to ongoing litigation. Ms. Mac Master explained that these numbers change frequently due to continued litigation. Several Pro-Reviewers have been added and the process is currently being developed and refined.
The Board reviewed the Pro-Reviewer contract. The Board would like instructions for Pro-Reviewers to be added to the next agenda. The Board appreciated the work that went into creating the Attorney General’s status report and would like to continue to see these reports at each Board meeting.
Mr. Hales addressed the Board concerning a petition for reconsideration from Mr. John Hennessey.
Motion made by Mr. Morse to recognize the respondent’s letter and to require him and his attorney to brief the issue.
Motion made by Mr. Morse to go into executive session to discuss matters not disclosed to the public. 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 to adopt a two tier system in determining discipline for non-compliance of continuing education. The first tier for substantial non-compliance will have the following discipline: 30 day suspension of the license, $250.00 fine and costs, and 2 years of reporting continuing education completion to the Bureau with each renewal of the license. The second tier is a good faith effort and implementation of the following discipline will be: $250.00 fine and costs, and 1 year of reporting continuing education completion to the Bureau with the renewal of the license. Seconded by Mr. Bachmeier, carried.
Ms. Mac Master presented a stipulation and consent order for case # REA-2007-37.
Motion made by Mr. Morse to impose a fine of $250.00, costs, not to exceed $500.00, and 1 year of mandatory reporting of continuing education with the renewal form submitted. Seconded by Mr. Bachmeier, carried.
Ms. Mac Master presented a stipulation and consent order for case # REA-2007-45.
Motion made by Mr. Morse to require licensee to makeup missing continuing education, pay a fine of $250.00, costs, not to exceed $500.00, and 1 year of mandatory reporting of continuing education with the renewal form submitted. Seconded by Mr. Bachmeier, carried.
Motion made by Mr. Morse to amend REA-2007-37. In addition to discipline above, respondent must make-up missing continuing education. Seconded by Mr. Bachmeier, carried.
Ms. Mac Master presented a stipulation and consent order for case # REA-2007-44.
Motion made by Mr. Morse to impose a 30 day suspension of the license, $250.00 fine and costs, and 2 years of reporting continuing education completion to the Bureau with each renewal of the license. Seconded by Mr. Bachmeier, carried.
Ms. Mac Master presented a stipulation and consent order for case # REA-2007-19.
Motion made by Mr. Morse to give the case back to the Attorney Generals office to determine if there were sufficient hours submitted to consider a good faith effort. Seconded by Mr. Bachmeier, carried.
The Board discussed a letter sent by the Appraisal Subcommittee regarding an applicants demonstration reports. Mr. Hales will review the letter and the topic will be added to the next agenda for discussion.
The Board set the future Board meeting dates as follows:
June 5-6, 2007
August 28-29, 2007
October 15-16, 2007
December 10-11, 2007
The Board set a conference call for December 28, 2007.
The Board reviewed an email from Promissor concerning social security numbers. The Board stated that they do not see a need to collect an applicant’s social security number. The Board directed the Board secretary to respond to Promissor’s email.
The Board discussed the upcoming AARO conference. Ms. Cory will find out if the Appraisal Subcommittee will be paying Mr. Morse’s conference fees due to his name appearing on the agenda.
Motion made by Mr. Morse to send at least one representative to the AARO conference. Seconded by Mr. Bachmeier, carried.
Mr. Greg Graybadger addressed the Board concerning Promissor’s exam. The Board stated that the exam will be changing to comply with AQB. Mr. Graybadger also addressed the Board concerning the current continuing education requirement.
Motion made by Mr. Morse to go into executive session to review continuing education audits. Seconded by Ms. Lentz, carried.
Motion made by Mr. Morse to come out of executive session. Seconded by Ms. Lentz, carried.
The Board adjourned at 5:00 p.m.
Date: April 11, 2007
Roll Call: Paul J. Morgan – Chair
Rick Bachmeier, Board Member
Patricia Lentz, Board Member
Bureau Present: Tana Cory, Bureau Chief
Budd Hetrick, Deputy Bureau Chief
Maria Brown, Technical Records Specialist I
The meeting was called to order at 8:15 a.m. by Chairman, Mr. Paul Morgan.
Motion made by Ms. Lentz to go into executive session to review applications. Seconded by Mr. Bachmeier, carried.
Motion made by Mr. Bachmeier to come out of executive session. Seconded by Ms. Lentz, carried.
Motion made by Ms. Lentz to require applicants’ demonstration reports to be actual work samples from their log. Hypothetical reports may no longer be used as demonstration reports. Seconded by Mr. Bachmeier, carried.
Motion made by Mr. Bachmeier to approve the following applicants:
Rigo Ayala CRA
James Davis CRA
Holly Hamilton CRA
John Outhet CRA
Daniel Perry CRA
Jason Palmer LRA
William Schultz CRA
Thomas Stafford CGA
Luke Walker CRA
Seconded by Ms. Lentz, carried.
Motion made by Mr. Bachmeier to deny the following applicants pending further information:
901042423
901041264
901066186
901074991
901081413
Seconded by Ms. Lentz, carried.
The Board adjourned at 11:45 a.m.