Idaho Real Estate Appraiser Board
Minutes of August 12, 2005
Ruby Stroschein, Board Member
Paul J Morgan, Board Member
Stanley Moe, Board Member
Rick Bachmeier, Board Member
BUREAU PRESENT: Budd Hetrick, Deputy Bureau Chief
Roger Hales, Administrative Attorney
Ken Stringfield, Deputy Attorney General
Sandee Hitesman, Administrative Assistant II
OTHER’S PRESENT: Aaron Dittman, Applicant
David Swartley, Attorney
Kim Willows-Munro, Applicant
Mike Gerhard, Applicant
Gordean Briggs, Licensee
The meeting was called to order at 9:10 a.m. by Chair, Henri Le Moyne.
The board discussed deleting “Other providers approved by the board”, from the boards website.
Motion was made by Ms. Stroschein to have the entire page of board approved providers page for pre-licensure and continuing education on the IBOL website be removed from the web. Seconded by Mr. Morgan, carried.
Mr. Moe noted that the board has made rule changes, and the website needs to be cleaned up to meet with the boards rules.
The board reviewed the minutes from the 6-20-2005 board meeting.
Motion was made by Mr. Morgan to accept the board meeting minutes from the 6-20-2005 board meeting as written. Seconded by Mr. Moe, carried.
Mr. Hetrick gave the financial report. As of 7-28-2005, the board had $164,444.73 in appropriation with a cash balance of $124,363.99.
Mr. Hetrick gave the investigative report. There have not been any complaints for fiscal year 2006. For fiscal year 2005 there were 34 complaints. 33 of these are currently under investigation, and one has been referred for formal action. There were 38 complaints for fiscal year 2004. Five of these complaints have been closed, 4 have been referred for formal action, 28 are under investigation or pro-review and 1 awaits board determination. There were 32 complaints for fiscal year 2003. 20 of these have been closed, 5 are under investigation or pro-review and 7 have been referred for formal action. There were 32 complaints for fiscal year 2002. 21 of these have been closed, 3 are under investigation or pro-review, 8 have been referred for formal action, and 5 are pending disciplinary action.
The board asked if the Bureau is having difficulty finding pro-reviewers. The Bureau noted that it is difficult to find someone who is willing to conduct a pro-review, and the returning of the review is also difficult.
Ken Stringfield presented a stipulation and consent order for case #REA-2005-3.
Motion was made by Mr. Moe to approve the stipulation and consent order for case #REA-2005-3. Seconded by Ms. Stroschein, carried.
The board asked about the complaint against an appraisal of a mobile home. The attorney general’s office presented the stipulation to respondent. The respondent’s attorney contacted the attorney general’s office with changes. The respondent asked that the board consider the fact that he has been a Real Estate Appraiser for 14 years with no complaints or disciplinary action. The board noted that the stipulation the board agreed to will stand.
Ken Stringfield presented a stipulation and consent order for REA-2005-7. Mr. Stringfield noted that this is the respondents third time being presented to the board. Mr. Morgan recused himself from this discussion. The board agreed with Mr. Stringfield’s recommendation.
The board reviewed the contract between the State Board of Real Estate Appraisers and the Bureau of Occupational Licenses.
Motion was made by Mr. Morgan to accept the contract between the State Board of Real Estate Appraisers and the Bureau of Occupational Licenses, and authorize the State Board of Real Estate Appraiser chairman to sign the contract on behalf of the board. Seconded by Mr. Moe, carried.
Mr. Hales discussed appraising water rights. Mr. Hales was unable to find a law that stated who has jurisdiction of water rights. Mr. Hales will follow up on who has the authority to value water rights outside of real property, and bring back to the board.
Applicant Aaron Dittman and his attorney David Swartley addressed the board. Mr. Dittman did not register as a Registered Trainee when the law went into effect. Mr. Dittman noted that he did not realize the law had changed and he was required to register as a Registered Trainee. Mr. Dittman registered as a Registered Trainee November 2004. Mr. Dittman is asking the board to reconsider their decision, and allow him to count his logged hours obtained from 7-1-2003 through 11-2004. Attorney, Mr. Swartley noted that there was some misunderstanding with this rule, and Mr. Dittman is being unjustly penalized for a misunderstanding. The board noted that this requirement is mandated by the Federal Government, and the board does not have the grounds to grant a waiver. Mr. Hales noted that this legislation was submitted to the governor’s office and published in 2001, and was approved by legislature in 2002, giving the public ample notice of the new law.
Motion was made by Mr. Moe to go into executive session to discuss potential litigation exempt from disclosure as provided in chapter 3, title 9, Idaho Code. Seconded by Mr. Morgan, carried.
Motion was made by Ms. Stroschein to come out of executive session. Seconded by Mr. Bachmeier, carried.
The board noted to Mr. Dittman that they are sympathetic, however, the board stands with their decision to not count the hours obtained between 7-1-2003 and 11/2004. The board noted that once Mr. Dittman has completed his 2000 hrs. after 11-2005, he may apply for licensure without waiting the entire 24 months.
Gordean Briggs, Kim Willows-Munro and Mike Gerhard addressed the board. Ms. Willows-Munro and Mike Gerhard took classes from the Lincoln Graduate Center that the board denied at their April 2005 board meeting. There were six people from the State of Idaho at these classes. Ms. Briggs noted that the board’s website showed these courses as approved, and the board has accepted these courses in the past.
Motion was made by Mr. Morgan to accept the hours obtained June, 2005 from Lincoln Graduate Center for course #636, #512, and #660. Seconded by Mr. Bachmeier, carried.
Board asked that registered trainee permits be backdated to the date the application was received for those persons who took the above courses in June, 2005 and were denied.
The board reviewed law and rule proposals. AQB requires that all licenses issued after January 01, 2008 meet the new requirements. The board discussed implementing these new requirements for licensure, January 01, 2007 to be sure to be in compliance with AQB requirements. Registered Trainee requirements will be implemented July 01. 2006.
Motion was made by Mr. Morgan to approve proposed rule language with amendments. Seconded by Mr. Bachmeier, carried.
The board adjourned for lunch at 12:35 p.m.
Meeting was called back to order at 1:30 p.m. by chair, Mr .Le Moyne.
Motion was made by Ms. Stroschein to approve the following courses. Seconded by Mr. Bachmeier, carried.
Appraisal Institute
1. Residential Sales Comparison and Income Approaches for 28 hrs. + 2 hr exam for PL/CE
2. Residential site Valuation and Cost Approach for 14 hrs. + 1 hr exam for PL/CE
3. Reviewing Residential Appraisal Reports for 7 hrs. for CE
International Right-of-Way Association
1. Appraisal of Partial Acquisitions for 40 hrs for PL
Idaho State Tax Commission
1. IAAO Course #112: Income Approach to Valuation II for 32 hrs. for CE
Inland Northwest Chapter of Appraisal Institute
1. CCIM-Site To Do Business for 2 hrs. for CE
American Society of Farm Managers and Rural Appraisers, INC.
1. Conservation Easement Valuation and Case Studies for 24 hours of PL/CE
2. ASFMRA 76th Annual Meeting for 14 hours of CE
Motion was made by Mr. Moe to accept Lincoln Graduate Center courses as noted below. Seconded by Ms. Stroschein, carried.
Lincoln Graduate Center
1. Course #636-Practice of Real Estate Appraisal for Registered Trainee PL hours only
2. Course #512-Appraising Residential Property for Registered Trainee PL hours only
3. Course #660-Writing the Narrative Report for PL
The board reviewed a course offered by Executrain. The board noted that the course must meet the AQB 2008 criteria for education. The board asked the Bureau to send out a copy of the 2008 AQB course criteria to Executrain.
The board reviewed continuing education audits. All audits submitted were approved.
The board reviewed information submitted by licensee requesting to obtain all 15-hrs. of continuing education on-line due to a hearing impairment. The board approved licensee’s request.
The board reviewed applications for examination and licensure.
The following applicants were approved for examination:
Ron Luby for LRA exam
Trevor Schuman for CRA exam
Sarah E Miles for CGA exam
Chairman, Henri Le Moyne left the meeting at 3:10 p.m. Vice-Chair, Stanley Moe took over as chairman.
Meeting adjourned at 3:30 p.m.
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Last Modified - April 11, 2006