Idaho State Board of Architects
Bureau of Occupational Licenses
1109 Main St., Suite 220
Boise, ID 83702
Minutes of December 14, 2007
ROLL CALL: Paul Jensen - Chair
Stanley A. Cole, Board Member
Nicholas Latham, Board Member
Steven Turney, Board Member
Shelly Servick, Board Member
BUREAU PRESENT: Tana Cory, Bureau Chief
Budd Hetrick, Deputy Bureau Chief
Roger Hales, Administrative Attorney
Mike Gilmore, Deputy Attorney General
Dave Hotchkiss, Appeals Hearing Technician
Sandee Hitesman, Administrative Assistant II
Carrie Gilstrap, Technical Records Specialist I
OTHERS PRESENT: Helen Ubic, Applicant
ABSENT: D. Nels Reese
Meeting called to order at 9:05 a.m. Mountain Standard Time, by Chair Paul Jensen. Roll call was taken.
MINUTES of SEPTEMBER 14, 2007.
Motion made by Ms. Servick to approve the minutes as written. Seconded by Mr. Cole. Motion Carried.
WCARB ANNUAL DUES
Motion made by Mr. Latham to approve payment of WCARB dues for $4000.00. Seconded by Mr. Cole. Motion carried.
INQUIRY REGARDING COMMERCIAL PROPERTY
Mr. Jensen noted that he had spoken with this person, and suggested a complaint be filed.
Mr. Hetrick gave the financial report. As of 11/30/2007 the board had $64,613.48 in appropriation with a cash balance of $166,968.76. The board discussed how their budget is figured each fiscal year. Mr. Hetrick explained how the financial report worked on the website and how the board is able to compare finances with past years, and break down their finances with a detailed report.
Mr. Hetrick gave the investigative report.
FY2008: 3 complaints received. Two are pending legal review and 1 remains under investigation
FY2007: 6 complaints were received. 1 was closed subsequent to disciplinary action, 3 remain under investigation and 2 await board determination.
FY20006: 3 received. 2 have been closed, 1 awaits board determination.
FY 2005: 11 received. 10 were closed following Board determination; and 1 remains under investigation.
FY2004: 19 complaints received. 13 were closed following Board determination; 3 were closed following Board disciplinary action; 2 are pending legal review; 1 awaits Board determination.
Motion was made by Mr. Latham to close this case and send a ltr to complainant noting that AG’s office has issued a warning letter, Seconded by Mr. Cole. Motion Carried.
The board inquired if they could deny licensure to an applicant who has a complaint file for practicing without a license. Mr. Hales noted the board does have that authority. The board asked if the Bureau could come up with a way to track these complaints, so if an application does come in for licensure, the board is aware of the complaint against them.
Motion was made by Mr. Latham to authorize closure of this case. Seconded by Ms. Servick, motion carried.
Mr. Hales explained the investigative process to the board. Mr. Hales noted that one board member can review the entire complaint file, however, they must recues themselves from any discussion and/or disciplinary action taken against the respondent.
Motion made by Mr. Cole to authorize closure of file and have the file transferred to the Engineering board. Seconded by Mr. Turney, motion carried.
Motion made by Mr. Cole to authorize closure conditioned upon file not revealing evidence that there was use of an Idaho seal. Seconded by Mr. Turney, motion carried.
Motion made by Mr. Latham to authorized closure of this file. Seconded by Mr. Cole, motion carried.
Mr. Gilmore, Deputy Attorney General, presented cases ARC-2008-01 and ARC-2008-2. The board reviewed the allegations and gave their recommendations to Mr. Gilmore.
FY2008 CONTRACT RENEWAL
Mr. Hetrick reviewed the renewal contract addendum for fiscal year 2008 with the board. Mr. Hetrick noted that the original agreement is on the board’s website.
The board reviewed cost of services. Mr. Hetrick noted that the board is charged for both direct and indirect expenses.
A motion was made by Nick Latham to accept the FY2008 contract renewal as written and to authorize the chair to sign on behalf of the board. Seconded by Stan Cole, motion carried.
PRESENTATION FROM HELEN UBIC
Helen Ubic approached the members of the board. Ms. Ubic stated she followed up with NCARB regarding the costs of obtaining a license. She added that Idaho has a requirement of meeting the seismic requirement which she stated would include the lateral forces section of the ARE examination. She asked the board if she was able to just take that section of exam. Helen Ubic stated she did not want to go through NCARB because of the length of time and the cost involved. Nick Latham stated the board could look at her education to compare it to the state requirement. Ms. Ubic reported that Nels Reese stated he will compare her school transcripts to his program. If her education is equivalent then the board states she would then need to meet the seismic requirement. Shelly Servick states she would like to review the examination Ms. Ubic took for licensure in the United Kingdom. Ms. Ubic gave an overview of the examination process she went through. Ms. Servick stated the board should come up with the standard of what they will require the applicant to provide. Stan Cole recommends the board review her equivalency for education, review her examination information, and to compare the seismic requirement which may include taking the ARE exam. Roger Hales pointed out that the rule states NCARB is the one to establish the equivalency of an applicant. Helen stated she will have her transcripts sent directly to the board from the university she attended in the United Kingdom.
Paul Jensen stated he will call NCARB to discuss the education and examination equivalency of the United Kingdom and the United States.
A motion was made by Stan Cole to allow Helen Ubic to take the lateral forces section of the ARE examination to meet the seismic requirement for licensure. Seconded by Nick Latham. Those opposed Shelly Servick, motion carried. The board directed the secretary to establish this with NCARB.
ATTENDANCE TO JOINT MEETING WITH BOARD OF ENGINEERS
A motion was made by Stan Cole to allow Paul Jensen and Nick Latham to meet with the Board of Engineers to continue dialogue regarding the conflict in practice and to authorize payment of expenses incurred. Seconded by Shelly Servick, motion carried.
Shelly Servick raised some concerns over Idaho Code 54-307 license is individual-firm name and its meaning. Paul Jensen stated he would like to see a firm name be tied to a licensee. The board requests the bureau follow up by either adding the question on the renewal form or to send a letter to all licensees quoting the statute and request they send in the updated information as to the ownership of a firm.
Another concern raised was regarding a scanned signature for drawings done by a licensee. The board reviewed their statute which states they can stamp electronically.
Ms. Servick had another question which was raised from building officials and standard office procedures (S.O.P.) and if what they are doing meets rules and regulations. The board agrees these inquiries should be brought before the board to be discussed and to make a decision on.
Ms. Servick brought up the issue of NCARB and the difficulty the interns are having with this program and its process. The board recognizes these concerns and state NCARB has been notified of this from state and many others.
The board reviewed Idaho Code 54-309 regarding emeritus status. This statute allows a person to call themselves an architect upon retirement and/or their license lapses and is in good standing.
The board adjourned the meeting for lunch at 12:00 p.m.
The board reconvened the meeting at 1:00 p.m.
The next meeting was scheduled for February 15, 2008 at 9:00 a.m. The board requested the secretary contact Nels Reese to notify him of the scheduled meeting.
A motion was made by Nick Latham to enter into executive session to discuss applications exempt from disclosure Idaho Code 67-2345.1.d. Seconded by Stan Cole, motion carried.
A motion was made by Shelly Servick to come out of executive session. Seconded by Stan Cole, motion carried.
A motion was made by Shelly Servick to deny ARCA-984551 for licensure by endorsement based upon Idaho Code 54-305 and 54-310 and to direct counsel to prepare a letter to the applicant with a copy to NCARB. Seconded by Steve Turney, motion carried.
A motion was made by Steve Turney to approve the following applications by endorsement. Seconded by Stan Cole, motion carried.
AR 984882 AINSWORTH TROY ALLEN
AR 984867 BAILEY BETH LEGGETT
AR 984881 BALLARD SCOTT A
AR 984869 BLACKMAN RICHARD
AR 984880 BRAY DARYL LANE
AR 984871 BUCILLA GREG
AR 984571 CAMPOS CARL E
AR 984874 FEY CORNEL DAVID
AR 984836 FLEISCHER JEFFREY
AR 984858 FLETCHER H PATTERSON
AR 984877 GARAPICH GERALD
AR 984873 GRIECO FRANK
AR 984829 HAINES JAMES BRIAN
AR 984870 HELLWIG ROY TORMOD
AR 984885 HIRST PAUL MICHAEL
AR 984850 HOFHEINS FRANCIS H
AR 984872 HOWARD RAYMOND LANCE
AR 984862 JOHNSON DAVID PAUL
AR 984865 KANNING JEFFERY
AR 984848 KENNAUGH KORY
AR 984854 KRUSE DOUGLAS EDWARD
AR 984859 LAMONT MATTHEW
AR 984866 MALLORY STEVEN MICHAEL
AR 984864 MITCHELL ELIZABETH ROBINSON
AR 984875 PANICALI PIER LUIGI
AR 984856 PETRUCELLI JOHN
AR 984755 ROBERTS SCOTT DONALD
AR 984846 ROSE CHARLES B
AR 984863 WARD GREGORY ALAN
A motion was made by Steve Turney to approve the following applications by examination. Seconded by Stan Cole, motion carried.
The meeting adjourned at 3:00 p.m.