IDAHO STATE BOARD OF REAL ESTATE APPRAISERS

Bureau of Occupational Licenses

1109 Main Street, Suite 220

Boise, Idaho

(208) 334-3233

Minutes of October 15-16, 2007

BOARD MEMBERS:              Paul J. Morgan – Chair

                                                Stanley Moe, Board Member

                                                Rick Bachmeier, Board Member

                                                Patricia Lentz, Board Member

            Kenneth Nuhn, Board Member

BUREAU STAFF:                   Tana Cory, Bureau Chief

                                       Roger Hales, Administrative Attorney

                                       Mike Gilmore, Senior Deputy Attorney General

                                       Maria Brown, Technical Records Specialist I

ALSO PRESENT:                  Russell R. Wallace

Meeting called to order by Board Chair, Paul Morgan at 9:02 a.m.

ROLL CALL

Paul J. Morgan - Present

Stanley Moe- Present

Rick Bachmeier- Present

Patricia Lentz- Present

Kenneth Nuhn- Present

Mr. Nuhn, Board Member, introduced himself to the Board and shared his background and

experience.

MINUTES

The Board reviewed the 8/28/2007 through 8/29/2007, and 9/21/2007 minutes. 

Moved by Mr. Moe to approve the 8/28/2007 through 8/29/2007 minutes as written.  Seconded by Ms. Lentz, motion carried.

Moved by Mr. Moe to approve the 9/21/2007 minutes as written.  Seconded by Ms. Lentz, motion carried.

BUREAU REPORT

Ms. Cory, Bureau Chief, introduced the Board to Mr. Dave Hotchkiss, Case Manager for the Investigative Unit.

ATTORNEY GENERAL’S OFFICE RECOMMENDATIONS

Mr. Gilmore, Senior Deputy Attorney General presented a recommendation for case:  REA-2008-40.  After review the Board agreed with the

recommendations from the Office of the Attorney General.

Mr. Gilmore presented a recommendation for case:  REA-2008-3.  After review the Board agreed with the recommendations from the Office

of the Attorney General.

Mr. Morgan recused himself from discussion and voting on case numbers REA-2005-7 and REA-2008-24.

BOARD VICE CHAIRMAN NOMINATION

Moved by Ms. Lentz to nominate Stan Moe as Vice Chairman of the Real Estate Appraiser Board.  Seconded by Mr. Bachmeier, motion carried.

FORMAL DISCIPLINARY ACTION:

Mr. Gilmore presented the Board a Stipulation and Consent Order for REA-2005-7 and REA-2008-24.

It was moved by Ms. Lentz to reject the Consent Order as presented. Recommending the same terms as outlined in the signed Consent Order in

addition to 30 hours Sales Comparison, 1 year probation, and submission of quarterly logs. 

Mr. Gilmore presented the Board a Stipulation and Consent Order for REA-2007-54.

It was moved by Ms. Lentz to accept the Consent Order REA-2007-54 and authorize the Board Chair to sign on behalf of the Board. 

Seconded by Mr. Bachmeier, motion carried.

Mr. Gilmore presented the Board a Stipulation and Consent Order for REA-2008-33.

It was moved by Ms. Lentz to accept the Consent Order REA-2008-33 and authorize the Board Chair to sign on behalf of the Board. 

Seconded by Mr. Bachmeier, motion carried.

EXECUTIVE SESSION

Moved by Ms. Lentz that the Board enter executive session to discuss stipulations and consent orders exempt from public disclosure per 9-340C,

Idaho Code.  Seconded by Mr. Nuhn, motion carried.

Moved by Ms. Lentz that the Board enter regular session.  Seconded by Mr. Nuhn, motion carried.

AARO CONFERENCE

Mr. Morgan, Chairman of the Board, gave the board an overview of the topics discussed during the AARO conference. The topics included the

following items: Score reporting for the new AQB exam beginning 1/1/2008, experience logs for Certified General Appraiser applicants, and the

availability of Federal grants to states for resolving cases.

CORRESPONDENCE

The Board discussed a letter from Gary Koutnik listing concerns with Idaho’s current Real Estate Appraiser continuing education requirement and three
petitions requesting changes to the current requirement and procedures. The Board asked Patti Lentz to write a response letter on behalf of the Board and
forward it along with Mr. Koutnik’s letter and petitions to be linked to the minutes.

The Board discussed an email from Jeff Wood requesting additional time to complete a course due to discipline.

Moved by Ms. Lentz to extend the disciplinary educational requirement for 6 months. The course must be in a classroom face to face with an instructor.
No online course will be approved or considered. The Board secretary is to respond to Mr. Wood’s email. Seconded by Mr. Moe, motion carried.

FINANCIAL REPORT

Mr. Hetrick, Deputy Bureau Chief, presented the financial report which indicates a balance of $140,960.26 as of 9/30/2007. 

INVESTIGATIVE REPORT

Mr. Hetrick presented the investigative report.

For Board Determination:

Case number REA-P3-1-2002-23:  Following review, it was moved by Ms. Lentz to accept the Bureau’s recommendation for closure. 
Seconded by Mr. Bachmeier, motion carried.

Case number REA-P3-3-2006-17:  Following review, it was moved by Mr. Moe to accept the Bureau’s recommendation for closure. 
Seconded by Ms. Lentz, motion carried.

DISCIPLINARY LOGS 

The Board discussed the procedure for reviewing logs due to discipline.

Moved by Ms. Lentz to revise the current Experience Log to include Value Estimate.  Seconded by Mr. Moe, motion carried.

Mr. Hales, Administrative Attorney explained that the purpose of reviewing the logs is to educate the Appraiser of any items of concern found within
the logs for which the individual was disciplined for.

BOARD BUSINESS

Moved by Ms. Lentz to send Ed Morse a plaque listing time of service on the Board.  Seconded by Mr. Nuhn, motion carried.

The Board broke for lunch at 11:55 a.m.

The Board returned and called the meeting back to order at 12:45 pm.

MITIGATION HEARINGS

Mr. Gilmore discussed the Findings of Fact, Conclusions of Law, and Recommended Orders issued by the Hearing Officer for Case Numbers
REA-2007-101 and REA-2007-34.

PROPOSED RULE AND LAW

The Board discussed proposed rules and laws sent to the Legislature.

EXECUTIVE SESSION

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

Moved by Ms. Lentz that the Board enter regular session.  Seconded by Mr. Bachmeier, motion carried.

The Board meeting adjourned at 5:10 p.m.

DATE:                    October 16, 2007

BOARD MEMBERS:          Paul J. Morgan – Chair

                                            Rick Bachmeier, Board Member

                                   Stan Moe, Board Member

                                            Patricia Lentz, Board Member

        Kenneth Nuhn, Board Member

BUREAU PRESENT:           Tana Cory, Bureau Chief

                                    Maria Brown, Technical Records Specialist I

Meeting called to order by Board Chair, Paul Morgan at 8:58 a.m.

ROLL CALL

Paul J. Morgan - Present

Stanley Moe- Present

Rick Bachmeier- Present

Patricia Lentz- Present

Kenneth Nuhn- Present

MITIGATION HEARINGS

Mr. Gilmore discussed the Findings of Fact, Conclusions of Law, and Recommended Order issued by the Hearing Officer for Case Number REA-2008-3. 

EXECUTIVE SESSION

Moved by Mr. Bachmeier that the Board enter executive session to discuss the stipulation and consent order exempt from public disclosure per 9-340C,
Idaho Code.  Seconded by Mr. Moe, motion carried.

Moved by Mr. Moe that the Board enter regular session.  Seconded by Ms. Lentz, motion carried.

MITIGATION HEARINGS

REA-2007-101:  Moved by Mr. Moe to dismiss case number REA-2007-101 with an advisory letter outlining the continuing education requirement drafted
by the Office of the Attorney General.  Seconded by Mr. Nuhn, motion carried.

REA-2008-3:  Moved by Mr. Moe to dismiss case number REA-2008-3 with an advisory letter outlining the continuing education requirement drafted by the Office of the Attorney General.  Seconded by Mr. Nuhn, motion carried.

REA-2007-34:  Moved by Ms. Lentz to adopt the Hearing Officers Findings of Fact and Conclusions of Law in the matter of William McCann, License No. CGA-256.  That Respondent shall be required to pay costs in the amount of Two Hundred Fifty Dollars ($250), a fine in the amount of Two Hundred Fifty
Dollars ($250), and bring continuing education current. Seconded by Mr. Bachmeier, motion carried.

FORMAL DISCIPLINARY ACTION:

Mr. Gilmore presented the Board a Stipulation and Consent Order for REA-2007-68.

It was moved by Mr. Moe to accept the Consent Order REA-2007-68 and authorize the Board Chair to sign on behalf of the Board.  Seconded by Mr.
Nuhn, motion carried.

Mr. Gilmore presented the Board a Stipulation and Consent Order for REA-2007-93.

It was moved by Ms. Lentz to reject the Consent Order as presented. Recommending the order include all continuing education must be brought current
Seconded by Mr. Moe, motion carried.

Mr. Gilmore presented the Board a Stipulation and Consent Order for REA-2008-19.

It was moved by Ms. Lentz to accept the Consent Order REA-2008-19 and authorize the Board Chair to sign on behalf of the Board.  Seconded by
Mr. Moe, motion carried.

Mr. Gilmore presented the Board a Stipulation and Consent Order for REA-2008-29.

It was moved by Ms. Lentz to accept the Consent Order REA-2008-29 and authorize the Board Chair to sign on behalf of the Board.  Seconded by
Mr. Moe, motion carried.

Mr. Gilmore presented the Board a Stipulation and Consent Order for REA-2008-9.

It was moved by Ms. Lentz to accept the Consent Order REA-2008-9 and authorize the Board Chair to sign on behalf of the Board.  Seconded by
Mr. Moe, motion carried.

Mr. Gilmore presented the Board a Stipulation and Consent Order for REA-2007-96.

It was moved by Ms. Lentz to reject the Consent Order as presented. Recommending that Respondent shall be required to pay costs in the amount of Two Hundred Fifty Dollars ($250), a fine in the amount of Two Hundred Fifty Dollars ($250), and bring continuing education current. Seconded by Mr. Moe,
motion carried.

It was moved by Ms. Lentz that all future Consent Orders include a statement that courses in the Order may not be taken online. All courses must be taken in a classroom face to face. Seconded by Mr. Bachmeier, motion carried.

CONTINUING EDUCATION AUDITS

The Board asked that the Office of the Attorney General use the first tier in all good faith efforts.

The Board discussed options to inform the public of audit dates. The website has now been updated to give an example of how audit dates are selected. A letter was sent to all Idaho Real Estate Appraisers informing them of the continuing education requirement. The Board would like staff to draft an insert to be sent with all renewals explaining continuing education audits and the importance of completing the education prior to submitting the renewal form.

NEW AQB REQUIREMENTS

The Board directed staff to send a mass email to all Idaho Real Estate Appraisers informing them of the segmented approach.

FUTURE BOARD MEETINGS

The Board scheduled the next Board meeting on 11/19/2007. The Board will not be meeting on 12/28/2007.

PROVIDER APPLICATIONS

The Board reviewed the following provider course applications for approval:

It was moved by Mr. Bachmeier that the Board approve the listed courses. Seconded by Ms. Lentz, motion carried.

It was moved by Mr. Bachmeier that the Board deny the Columbia Institute course titled, “Survey of the Cost Approach”. Seconded by Ms. Lentz, motion carried.

EXECUTIVE SESSION

Moved by Mr. Bachmeier that the Board enter executive session to review applications which is exempt from public disclosure per Idaho Code 67-2345 (1) (d).  Seconded by Mr. Moe, motion carried.

Moved by Mr. Moe that the Board enter regular session.  Seconded by Mr. Bachmeier, motion carried.

Moved by Mr. Bachmeier to approve the following applicants for examination:                                                                                                                                                                                                                                                                                                                                                                                                                                                                      

Seconded by Mr. Moe, carried.

Moved by Mr. Bachmeier to deny the remaining applicants pending further information. Seconded by Mr. Moe, motion carried.

The Board meeting adjourned at 12:03 p.m.