Idaho State Board of Architects

Bureau of Occupational Licenses

1109 Main St., Suite 220

Boise, ID 83702

 

 Minutes of January 31, 2008

 CONFERENCE CALL

 

ROLL CALL:                                      Paul Jensen - Chair

                                                            Stanley A. Cole, Board Member

                                                            Nicholas Latham, Board Member

                                                            Steven Turney, Board Member

                                                            Shelly Servick, Board Member (absent)

                                                            D. Nels Reese

 

BUREAU PRESENT:                          Tana Cory, Bureau Chief

                                                            Dawn Hall, Deputy Bureau Chief

Roger Hales, Administrative Attorney

 

 

Meeting called to order at 9:05 a.m. MST, by Chair Paul Jensen. Roll call was taken.

 

MINUTES of DECEMBER 14, 2007.

 

A motion made by Nick Latham to approve the minutes as amended. Seconded by Stan Cole. D. Nels Reese recused himself from voting as he was not present at the meeting. Motion carried.

     

Roger Hales, Administrative Attorney, stated the Board was contacted by a law firm asking the Board to participate in Supreme Court Case No. 34383 regarding support of motion for leave to appear as amicus curiae. This is a case where someone has challenged an unlicensed architect to be compensated for his services. Mr. Hales added that they are asking the Board be in support of the owner’s position to not pay this unlicensed architect.

 

Mr. Latham was also asked to sign a supporting affidavit in this case.

 

Mr. Hales stated if the Board approves him to sign the document and submit it today, they would be supporting the law and protecting the public by not allowing someone to benefit from unlicensed practice.

 

Mr. Jensen stated he has mixed feelings about it. Mr. Latham added he feels they should go after a person for practicing without a license. Mr. Hales stated this brief deals with responsible control.

 

Mr. Jensen stated he doesn’t see any harm. Stan Cole stated he thinks they should move forward. Mr. Reese stated that by having Mr. Hales sign the amicus brief, they are doing the right thing.

 

A motion was made by Mr. Cole to allow Mr. Hales to follow up and assist with the amicus brief that supports the Board’s position in this matter. Seconded by Mr. Reese, motion carried.

 

Mr. Latham stated he will be signing the supporting affidavit and faxing it to Mr. Hale’s office, with the original to be sent in the mail.

 

The meeting with the Board of Engineers will be discussed during the next scheduled meeting. Mr. Jensen stated it was a productive meeting, and the engineers are cooperative with getting the statutes defined in terms of scope of practice for both professions. He added that Dave Curtis, Board of Engineers, wants to get the changes through the 2009 legislature and then follow up with rule making.

 

The members of the Board stated they need to prepare some statute and rule changes as well. The Board asked the secretary to invite Mr. Curtis to the meeting on February 15, 2008 at 11:00 a.m.

 

A motion was made by Mr. Latham to adjourn the meeting at 9:30 a.m. Seconded by Mr. Cole, motion carried.