Idaho State Board of
Bureau of Occupational Licenses
1109 Main Street, Suite 220
Boise, Idaho 83702-5642
of April 28, 2005
University of Idaho Campus
Rm #206 Art and Architecture Building
ROLL CALL: Stanley A. Cole-Chair
R. Alan Giltzow, Vice Chair
Nicholas Latham, Board Member
D. Nels Reese, Board Member
Paul Jensen, Board Member
Shelly Servick, Board Member
BUREAU PRESENT: Rayola Jacobsen, Bureau Chief
Ken Stringfield, Deputy Attorney General
Sandee Hitesman, Office Specialist II
OTHERS PRESENT: R.G. Nelson
Meeting called to order at 9:45 a.m. Mountain Standard time, by chair Stanley Cole.
Nicholas Latham, Ken Stringfield, and Sandee Hitesman attended the meeting via conference call.
Motion was made by Mr. Giltzow to move review of minutes to the bottom of the agenda. 2nd by Mr. Jensen, carried.
Mark Semen to address the board:
Mr. Semen addressed the board regarding responsible control. The Board members explained the process to change law and rule. Mr. Semen noted that an Architect could be under responsible control for someone in his or her office. Mr. Nelson stated that the Law is established to protect the public health, safety, and welfare. The Board noted that students should not be performing professional services outside of class projects, as they are not licensed. If the Professor is not licensed as an Architect in Idaho, they also should not be performing professional services or being the responsible party.
Mr. Semen noted that students are working in the Architect field.
Deputy Attorney General, Ken Stringfield, presented Case #ARC-B5-03-04-9 for board review.
Motion was made by Mr. Latham to authorize Deputy Attorney General, Ken Stringfield, to negotiate a consent agreement that will include a fine of not less than $1,000.00 or more than $2000.00 for being in violation of ordinance Idaho Code: 24.01.01.550.04, Direct Supervision. To publish the name of the licensee on the Board’s website, to recover costs, additionally put licensee on a one year probationary period, and send a cease and desist letter to the Draftsman involved. Seconded by Mr. Jensen, carried.
Motion was made by Ms. Servick to go into executive session for pending litigation that is exempt from public disclosure as provided in chapter 3, title 9, Idaho Code. Seconded by Mr. Jensen, carried.
Motion was made by Mr. Giltzow to come out of executive session. Seconded by Mr. Jensen, carried.
The Board asked Deputy Attorney General, Ken Stringfield, to update Sandee on the outcome of the June 7, 2005 hearing.
Motion was made by Mr. Giltzow, to reimburse former board member, RG Nelson, out of pocket expenses acquired on the current lawsuit and to submit to the board additional invoices for compensation. Seconded by Mr. Jensen, carried.
The board discussed concerns regarding a developer who is listing the designer on the project as the Architect.
Motion was made by Mr. Latham to direct Deputy Attorney General, Ken Stringfield, to write the developer a letter asking them to stop listing the designer as the Architect, and write the Designer a letter stating he cannot practice Architecture without a license. Seconded by Mr. Giltzow, carried.
Ms. Jacobsen gave the investigative report. The board noted that they would like to receive more information when reviewing disciplinary action cases. Mr. Latham noted that a motion was made at the last board meeting that a board member was to review every disciplinary file.
Mr. Nelsen noted that the results of the complaints in North Idaho have been very well received, especially by the building officials. With the help of the Engineers board it has reduced Engineers and unlicensed persons from practicing Architecture.
Mr. Jensen and Ms. Servick attended the WCARB mtg. There was discussion regarding responsible control at the WCARB meeting. Elements of this discussion are being incorporated into our law. There was discussion that candidates need to be reminded that the reason they are being licensed is to protect the health, safety, and welfare of the public. The Annual Newsletter sent out by the State of Idaho Board of Architectural Examiners has provided information that licensee’s need to know. Some States do give an open book jurisprudence examination. This exam is based on that States law. When applying for licensure, this must be completed, and this forces the person to read through the laws and rules.
Motion by Mr. Latham to approve the minutes from the February 04, 2005 board meeting with deletion as noted by the board. Seconded by Mr. Jensen, carried.
The Board reviewed the proposed law and rule changes. Board members would like to review and discuss these changes with Roger Hales who is currently drafting language for legislation to add a 5-year deadline to complete A.R.E. The Bureau will E-mail this language to each board member when completed.
Ms. Jacobsen gave the legislative report. Both of the boards laws and rules were passed. The State Board is now under the PERSI retirement system. Contractor Registration is a new board with the Bureau. Three additional boards have also been added. This will impact the board’s direct costs. The Bureau will be hiring additional staff to help with these boards.
The board discussed the NCARB rules of conduct. Our law adopts NCARB’S rule of conduct, but there is conflict between the rule of conduct and our law. The board may need to propose a law change. Mr. Nelson noted that Rule 5 of professional conduct would change 5.1 & 5.2 later this fall. Any office offering the practice of Architect shall have a resident Architect employed in that office. Mr. Nelson noted that section 5.2 would be dramatically changed. Mr. Nelson suggested the board might want to wait until the September board meeting to determine what changes will need to be made to Idaho’s law.
Motion was made by Mr. Jensen to adjourn for lunch. Seconded by Mr. Giltzow, carried.
Meeting called back to order at 2:15 p.m. by chair
Mr. Latham did a 2001-2004 financial summary. By his projection the revenue side should project out at $100,000.00. Expenditures should project out at $100,000.00. Can Miami expenses come out of the 2006 budget?
Ms. Jacobsen noted that the Financial Management Analysis, Maria Barrett, came to the Bureau and a meeting was held with Mr. Cole and Mr. Giltzow regarding the budget. Mr. Giltzow has expressed his hope that expenses could be taken out of this fiscal years budget. If it comes out of 2006 budget, the board will start the year behind in finances. If billings are submitted before July 1, 2005, expenses will come out of this budget. The Bureau did ask for an increased expense authority for travel and National dues for all of the boards under the Bureau. This request was turned down. The budget for this board was increased year before last. Ms. Jacobsen noted that in administering the agency, the Bureau must go through DFM, Legislative Services, and the Governor’s office. The board’s financial statement will show a minus balance at the end of April.
Motion was made by Mr. Giltzow, to have the incoming vice chairman attend the JFAC hearing when the budget for this board is being set. Seconded by Mr. Latham, carried.
Critique of the Bureau:
Mr. Latham noted that the Bureau has done a great job and has a great crew. He noted that he felt the complaint process is having problems. With all the boards the bureau is taking on, this board is getting less help from the Bureau. The board would like to see the complaint process changed to get faster action. The board noted that Engineers and Architects might need to work on the same team.
Motion was made by Mr. Latham to have the chairman of the board appoint a committee from the board that would investigate the State of Idaho Board of Architectural Examiners leaving IBOL, and investigate State Statute, cost and obligations to the Bureau, time table, and if Engineers are interested in working in joint shared space and staff, and report back to the September board meeting. Committee will be made up of Alan Giltzow, Stanley Cole, and RG. Nelson. Seconded by Mr. Reese, carried.
The cost of the newsletter last year was $3,022.30.
Articles for Newsletter:
Article on Legislation that passed.
Newly Licensed Architects
Board of Engineers
Paul could discuss responsible control
Article from the WCARB and Regional Meeting.
Reinstatement of old articles
Meetings with the Board of Engineers
Activity in Northern Idaho
Activity regarding investigations. List licensee’s that have been reprimanded along with a summary of each case.
List actions that are inappropriate, or have taken disciplinary action against.
Nels Reese: HSW issue and IDP for newsletter. Will get some interviews on how interns and Architects feel regarding the IDP.
Nick Latham: Sources for CE credits. Continuing Education exemptions or possibility of retired status.
Architect Emeritus, Legislative update
Shelly Servick: Northern Idaho Activity and Disciplinary Action
Alan Giltzow: Obituary, Rules of conduct
Paul Jensen: Responsible Control, Meetings with the Board of Engineers
Rayola Jacobsen: List of newly licensed Architects
Deadline for submission of articles for the newsletter is set for the middle to end of summer, 2005.
Phone conference was set for May 26, 2005 @ noon to discuss law and rule proposals.
Motion was made by Mr. Latham to allow the licensing and practice presentation put on by The Board of Engineers and The State of Idaho Board of Architectural Examiners to count toward 2 continuing education units. Seconded by Mr. Jensen, carried.
Motion was made by Mr. Jensen to direct the Bureau to send out a postcard with the dates of the licensing and practice presentation that will be put on by the Board of Engineers and the State of Idaho Board of Architectural Examiners and that Continuing Education credits will be awarded. Seconded by Mr. Reese, carried.
Election of Officers:
Motion was made by Mr. Latham to elect Paul Jensen for Vice Chair and Alan Giltzow for Chair. Seconded by Mr. Reese, carried.
Motion was made by Mr. Jensen to allow the reimbursement of expenses and honorarium payments to board members for the meetings with the Idaho Building Officials and the Board of Engineers. Seconded by Ms. Servick, carried.
The following applicants were approved for examination:
The following applicants were approved for licensure:
A board meeting was scheduled for September 16 @ 9:00 a.m. in Sun Valley, Idaho.
Motion was made by Ms. Servick to adjourn the meeting at 5:30 p.m. Mountain Standard time. Seconded by Mr. Jensen, carried.
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