Idaho State Board of
Bureau of Occupational Licenses
1109 Main Street, Suite 220
Minutes of February 15, 2008
BOARD MEMBERS: Paul Jensen, Chair
Stanley Cole, Board Member
Nicholas Latham, Board Member
Shelly Servick, Board Member
D. Nels Reese, Board Member
Steve Turney, Board Member
BUREAU STAFF: Tana Cory, Bureau Chief
Budd Hetrick, Deputy Bureau Chief
Mike Gilmore, Deputy Attorney General
Roger Hales, Administrative Attorney
Marcie McGinty, Investigations Coordinator
Dave Hotchkiss, Investigations Coordinator
Carrie Gilstrap, Secretary
OTHERS PRESENT: George Slaughter, Architect
Dave Curtis, Idaho Board of Engineers
Roll call established attendance at 9:00 a.m.
Mr. Gilmore, Deputy Attorney General, presented a memorandum to the members of the Board. The Board gave Mr. Gilmore direction as to how to proceed with the complaint.
MINUTES OF JANUARY 31, 2008
A motion was made by Mr. Cole to accept the January 31, 2008 minutes as written. Seconded by Mr. Reese, motion carried.
Ms. Cory presented the legislative report to the members of the Board.
Mr. Hetrick presented the financial report to the members of the Board.
Mr. Hetrick presented the investigative report to the members of the Board.
A motion was made by Mr. Cole to accept the Bureau’s recommendation to authorize closure. Seconded by Mr. Latham, motion carried.
A motion was made by Mr. Cole to authorize the Board chair to review the case and, if recommended, authorize the Bureau to close this matter. Seconded by Mr. Latham, motion carried.
A motion was made by Mr. Cole to accept the Bureau’s recommendation to authorize closure. Seconded by Ms. Servick, motion carried.
A motion was made by Mr. Latham to direct the Bureau staff to further investigate the case to determine if there is evidence that the licensee has practiced architecture. And, in the event that he has, forward the evidence to the attorney general’s office. Seconded by Mr. Reese, motion carried.
A motion was made by Mr. Latham to accept the Bureau’s recommendation to authorize closure. Seconded by Mr. Cole, motion carried.
A motion was made by Mr. Latham to authorize the Board chair to review the case for proper follow up. Seconded by Mr. Cole, motion carried.
PRESENTATION FROM GEORGE SLAUGHTER, ARCHITECT
Mr. Slaughter approached the members of the Board. He stated he wants the Board’s clarification on the practice act based upon a complaint that has been made against him with the Idaho Board of Engineers. Mr. Hales stated that the engineer and architectural practice acts do overlap one another. Mr. Jensen added that some members of the Board had a meeting with the Board of Engineers to discuss further defining their acts. Mr. Slaughter spoke in depth about his concerns and stated he holds a license in California and their rules and regulations are clearly defined.
Mr. Latham stated the Board is well aware of the overlap between the Architectural and Engineers Boards.
Ms. Servick suggested Mr. Slaughter outline in a letter the details of the complaint made against him. Mr. Reese agreed. Mr. Hales stated that the emphasis should actually be with the Association. Mr. Cole suggested Mr. Slaughter copy the letter he writes and send it to the statewide associations to have on file.
The Board discussed their desire to have authority over unlicensed practice. The Board mentioned they would like to again pursue this for next year’s legislature.
Mr. Slaughter stated he believes that with the current engineer’s act, all licensed architects are in violation. Mr. Hales again stated he should follow up with the association.
Mr. Slaughter asked the Board about his documents for continuing education. Mr. Hales suggested he review the rule regarding continuing education. The Board suggested he write a letter to support his concern over his documentation in order to re-instate his license.
A motion was made by Mr. Cole to enter into executive session to discuss potential legal matters with counsel as per Idaho Code 67-2345.1(f). Seconded by Mr. Turney. Vote: Mr. Jensen, aye; Mr. Cole, aye; Mr. Turney, aye; Mr. Latham, aye; Ms. Servick, aye; and Mr. Reese, aye. Motion carried.
A motion was made by Mr. Latham to come out of executive session. Seconded by Mr. Cole. Vote: Mr. Jensen, aye; Mr. Cole, aye; Mr. Turney, aye; Mr. Latham, aye; Ms. Servick, aye; and Mr. Reese, aye. Motion carried.
PRESENTATION WITH DAVE CURTIS, BOARD OF ENGINEERS
Mr. Curtis approached the members of the Board. The Board reviewed the agenda from the sub-committee meeting held between members of the Architectural Examiners Board and the Idaho Board of Engineers held on January 25, 2008. Mr. Curtis suggested they hold a negotiated rule making session to discuss defining incidental practice in statute. Mr. Curtis stated he would like to look at the definition of engineering and would like the Architectural Examiners Board to do the same. He also added that he would like to jointly promulgate rules. The Board discussed putting together a sub-committee meeting which would include members from both associations. Mr. Curtis stated the key in this is to insert the term “incidental practice” into both statutes and to present this as one bill.
Mr. Turney stated he agrees with keeping the lines of communication open between the two boards.
Mr. Curtis added that the first step is to look at the statute and then define the term incidental practice in rule.
Mr. Reese stated that he is thankful for this discussion and feels it is a step in a positive direction. Mr. Curtis said incidental practice could go in the exception section of the statute. Mr. Cole stated he feels they are going down the right road. Mr. Jensen stated he thinks they should meet again, maybe in April or May. Mr. Curtis stated he thinks they should come up with some language. Ms. Servick stated she will meet with other licensed architects in northern Idaho who have been through a similar situation.
DISCUSSION ON APPLICANT ARCA-984551
Discussion was held regarding the endorsement application for ARCA-984551. A motion was made by Mr. Turney to issue the license without penalty to the applicant. Seconded by Mr. Reese. Mr. Latham recused himself from voting. Further discussion was held regarding the type of sanction. Those opposed, Mr. Cole and Ms. Servick. Mr. Jensen broke the tie in opposition to the motion.
A motion was made by Ms. Servick to approve the application for licensure subject to a $200 fine. Seconded by Mr. Cole. Mr. Latham recused himself from voting. Motion carried.
Mr. Hales to draft a letter to ARCA-984551.
A motion was made by Mr. Latham to direct counsel to respond to the letter from Bryan Webb. Seconded by Mr. Turney, motion carried.
A motion was made Mr. Cole to allow Mr. Hales to respond to the e-mail from Robert Ralston. Seconded by Mr. Turney, motion carried.
The Board requested to have the discussion on possible rule changes regarding interns be put on the next meeting agenda.
The Board broke for lunch.
ANNUAL WCARB MEETING IN MARCH
A motion was made by Mr. Latham to approve expenses incurred, including the possibility of car rentals, for the following members to attend the annual WCARB meeting in Denver, Colorado in March 2008: Mr. Jensen, Mr. Turney, Mr. Reese, and Ms. Servick. The Board requests to have the secretary send a state report to Mr. Jensen and Ms. Servick to present at the meeting.
DISCUSSION REGARDING APPLICANT ID 901095761
Mr. Reese stated he arranged to meet with Ms. Ubic, applicant for endorsement to review her education credentials. He stated he believes her education is equivalent to Idaho’s standards and thinks she will be great in the profession of architecture. Mr. Jensen added he spoke with NCARB and they stated they do not have schools abroad that are on a specific approved list of equivalency. Ms. Servick stated she doesn’t feel the Board should make special arrangements, and that a person applying for licensure should have to go through the same process as everyone else. Mr. Latham stated he feels her education is similar and her experience exceeds what is required of the Intern Development Program (IDP).
The Board decided to review and act on her application once it is complete. Mr. Jensen stated he would like the secretary to send a letter to Hummel Architects inquiring about her job performance and how it compares to other individuals.
A motion was made by Mr. Cole to enter into executive session to discuss applications exempt from public disclosure as per Idaho Code 67-2345.1(d). Seconded by Mr. Turney. Vote: Mr. Jensen, aye; Mr. Cole, aye; Mr. Turney, aye; Mr. Latham, aye; Ms. Servick, aye; and Mr. Reese, aye. Motion carried.
A motion was made by Mr. Latham to come out of executive session. Seconded by Mr. Turney. Vote: Mr. Jensen, aye; Mr. Cole, aye; Mr. Turney, aye; Mr. Latham, aye; Ms. Servick, aye; and Mr. Reese, aye. Motion carried.
The next meeting is scheduled for May 2, 2008 at 9:00 a.m. MST
A motion was made by Mr. Reese to approve the following applications for licensure. Seconded by Mr. Cole, motion carried.
AR 984669 STOM JERRY SCOTT
AR 984852 ARMSTRONG LAWRENCE R
AR 984853 WINK KENNETH
AR 984868 MCLEAN WILLIAM JOHN
AR 984876 TODRANK THOMAS
AR 984886 REED MATTHEW DALE
AR 984889 DOWNES GRAHAM TROUNCER
AR 984890 CHRISTIAN LARRY
AR 984893 EMBERS RICHARD
AR 984894 NIELSEN ANDREW GEORGE
AR 984895 CHADHA SANJIV
AR 984898 COLLINS-FRIEDRICHS BRIAN JAMES
AR 984899 CLARK GORDON AFFLECK
AR 984901 OLDHAM DOUGLAS PRICE
AR 984903 ANDERSON JAMES
AR 984904 SCHROCK JOHN BRADLEY
AR 984905 BELTON RALPH GRAHAM
AR 984908 KEMP JOHN CHARLES
AR 984909 MITCHELL JAMES
A motion was made by Mr. Turney to request the following applicants submit documentation that they hold a current license in another state. Seconded by Mr. Latham, motion carried.
APPLICANT ID 901099551
APPLICANT ID 901099149
A motion was made by Mr. Latham to adjourn the meeting at 3:10 p.m. Seconded by Mr. Cole, motion carried.