IDAHO STATE BOARD OF REAL ESTATE APPRAISERS

Bureau of Occupational Licenses

1109 Main Street, Suite 220

Boise, Idaho

(208) 334-3233

Minutes of August 13, 2007

Conference Call

PRESENT:                               Paul J. Morgan – Chair

                                                Rick Bachmeier, Board Member

                                                Ed Morse, Board Member

                                                Stanley D. Moe, Board Member

                                                Patricia Lentz, Board Member

BUREAU STAFF:                   Tana Cory, Bureau Chief

                                       Budd Hetrick, Deputy Bureau Chief                                                                   

                                       Roger Hales, Administrative Attorney

                                       Carlton R. Ericson, Associate Attorney

                                       Mike Gilmore, Senior Deputy Attorney General

                                       Maria Brown, Technical Records Specialist I

Meeting called to order by Board Chair, Paul Morgan at 9:01 a.m.

BUREAU/BOARD CONTRACT

Mr. Hetrick, Deputy Bureau Chief, presented the Bureau/Board FY2008 contract renewal agreement for services.  It was moved by Mr. Morse that the Board accept the contract renewal agreement and authorize the Board Chair to sign on behalf of the Board.  Seconded by Mr. Bachmeier, motion carried.

FORMAL DISCIPLINARY ACTION:

Mr. Gilmore, Senior Deputy Attorney General, presented the Board Stipulation and Consent order for the following cases:

REA-2007-125:  It was moved by Mr. Morse that the Board approve closure and authorize the Board Chair to sign on behalf of the Board.  Seconded by Ms. Lentz, motion carried.

REA-2007-127: It was moved by Mr. Morse that the Board approve closure and authorize the Board Chair to sign on behalf of the Board.  Seconded by Ms. Lentz, motion carried.

REA-2007-128: It was moved by Mr. Morse that the Board approve closure and authorize the Board Chair to sign on behalf of the Board.  Seconded by Ms. Lentz, motion carried.

REA-2007-135: It was moved by Mr. Morse that the Board approve closure and authorize the Board Chair to sign on behalf of the Board.  Seconded by Ms. Lentz, motion carried.

REA-2007-138: It was moved by Mr. Morse that the Board approve closure and authorize the Board Chair to sign on behalf of the Board.  Seconded by Ms. Lentz, motion carried.

Mr. Gilmore presented the Board a request for reconsideration for the following case:

REA-2007-73:  It was moved by Mr. Moe that the Board approve the reconsideration and dismiss the order.  Seconded by Mr. Morse, motion carried.

CORRESPONDENCE

The Board discussed the request for reconsideration presented during the July 24, 2007 conference call for Kenneth Nuhn. The Board had directed the Board secretary to contact the Appraisal Foundation for clarification concerning whether a licensee who teaches the USPAP Update course can count those hours for their own continuing education. The Appraisal Foundation confirmed that the instructor recertification for the USPAP update course may be counted as continuing education credit. The Board directed the Attorney General’s Office to send a written request to Mr. Nuhn for an outline of each additional course that he is requesting credit for, and course materials.

The Board discussed the request for reconsideration presented during the July 24, 2007 conference call for Gale L. Pooley. It was moved by Mr. Morse that the Board approve the request for reconsideration, and accept the continuing education certificates submitted. Seconded by Ms. Lentz, motion carried.

DISCUSSION OF FILED BRIEFS

Mr. Roger Hales, Administrative Attorney, addressed the Board regarding the filed brief for the John R. Hennessey matter. The Board had tabled the discussion for the August 13, 2007 Board meeting.

Moved by Mr. Morse that the Board enter executive session to discuss matters which are exempt from public disclosure per Idaho Code 67-2345 (1) (d).  Seconded by Ms. Lentz, motion carried.

Moved by Mr. Morse to enter regular session.  Seconded by Mr. Bachmeier, motion carried.

Moved by Mr. Morse to amend the final order to provide for an eighteen month suspension. Provide for a specific disclosure to be drafted by Roger Hales, Administrative Attorney, and approved by the Board.  Upon reinstatement, disclosure must be made to property owners regarding the individuals past criminal history and status on the Sex Offender Registry, until such time that he is removed. The Board recognizes that the work of a Residential Real Estate Appraiser is primarily the appraisal of homes.  Given the private and sensitive nature of one’s home and the possibility of children being present, the public needs to have the ability to make informed decisions about who enters their home.  Therefore, in order to protect the public, they should be informed about individuals with this type of criminal history prior to consenting to hire them. Counsel to revise order to establish a specific disclosure to not inspect with any minors present. Seconded by Ms. Lentz, motion carried.  

The meeting adjourned at 10:55 a.m.