IDAHO BOARD OF ARCHITECTURAL EXAMINERS

Bureau of Occupational Licenses

1109 Main Street, Suite 220

Boise, ID 83702-5642 

 

Board Meeting Minutes of 5/2/2008

 

 

 

BOARD MEMBERS PRESENT:  Paul Jensen - Chair

                                                             Stanley A. Cole

                                                             Steven C Turney

                                                             Nicholas Latham

                                                             Shelly Servick

                                                             D. Nels Reese

                                                           

 

BUREAU STAFF:                           Tana Cory, Bureau Chief

                                                            Budd Hetrick, Deputy Bureau Chief

                                                            Roger Hales, Administrative Attorney

                                                            Dave Hotchkiss, Investigations Coordinator

                                                            Cherie Simpson, Management Assistant

                                                            Carrie Gilstrap, Technical Records Specialist

                                                            Mike Gilmore, Deputy Attorney General

                                   

Meeting was called to order at 9:00 AM MST by Paul Jensen.

 

 

APPROVAL OF MINUTES

 

A motion was made by Mr. Reese to approve the minutes of February 15, 2008 as written. Seconded by Mr. Turney, motion carried.

 

LEGISLATIVE UPDATE

 

Ms. Cory presented the legislative update to the members of the Board. She stated the legislature would like to minimize the changes presented due to the close quarters they are in while the renovation of the Statehouse is taking place.

 

FINANCIAL REPORT

 

Ms. Cory presented the financial report to the members of the Board.

 

INVESTIGATIVE REPORT

 

Mr. Hotchkiss presented the investigative report to the members of the Board.

 

ARC-2007-5

Mr. Gilmore presented the memorandum to the members of the Board. The Board agrees to authorize closure and to include a letter to both parties clarifying each of their duties.

 

ARC-2008-5

Mr. Gilmore presented the memorandum to the members of the Board. The Board has asked the Attorney Generalís Office to send a cease and desist letter to the respondent.

 

ARC-2008-4

Mr. Gilmore presented the memorandum to the members of the Board. The Board has asked the Attorney Generalís Office to send a letter to acknowledge his past disciplinary action in another state. A motion was made by Ms. Servick to close the case. Seconded by Mr. Reese, motion carried.

 

CONTINUING EDUCATION AUDIT 

 

The Board conducted the annual continuing education audit of 10% of current licensees. The Board will be reviewing a total of 115 audits.

 

Discussion was held with Mr. Gilmore regarding these continuing education audits and the consequences for non-compliance. Mr. Jensen stated he would like disciplinary action taken for those who state at the time of renewal that they have met the requirement when they actually havenít. Mr. Gilmore explained the process for those cases that will be referred to the Attorney Generalís Office for those who did not comply. 

 

 

OLD BUSINESS

 

DISCUSSION REGARDING AMICUS CURIAE BRIEF

 

Mr. Hales presented the amicus curiae brief, Blaine County Case No.: CV-05-960, to the members of the Board. The Board in a previous meeting made a motion allowing Mr. Hales to follow up in their support of the case. Mr. Hales stated he would notify the secretary of the hearing dates to give to the Board. The Board extended their appreciation to Mr. Hales.

 

POSSIBLE LAW and RULE CHANGE REGARDING THE INTERNSHIP DEVELOPMENT PROGRAM CANDIDATES

 

The Board discussed the option of allowing IDP candidates to begin taking the examination prior to completing the three year internship. The Board reviewed the current Rule 375. regarding architectural interns. The current rule states each intern must complete their three year enrollment prior to taking the ARE exam.  Mr. Turney stated if neighboring states are allowing an intern to begin the exam early then perhaps Idaho should too.   

 

The Board also discussed changing Idaho Code 54-302 regarding Qualifications for Examinations and License.

 

A motion was made by Mr. Reese to direct counsel to revise Board law to allow an applicant to take any part of the examination after they have graduated or established the eight years of practical experience and after they started the internship. Seconded by Mr. Turney. Further discussion was held regarding the process of internship. Motion carried.

 

LAW CHANGE REGARDING UNLICENSED PRACTICE

 

Discussion was held regarding unlicensed practice. Mr. Hales stated he doesnít believe a bill could pass that would give the Board jurisdiction over unlicensed practice. There was further discussion about other ways to prosecute individuals who are practicing without a license. Mr. Hales stated to successfully pass a law change, the Board should meet with the Board of Engineers. 

 

A motion was made by Mr. Cole to direct counsel to contact the Attorney Generalís Office regarding the prosecution of unlicensed practice. Seconded by Mr. Latham, motion carried.

 

UPDATE ON PROCEDURE REGARDING FIRM NAME

 

Ms. Simpson explained the process of registering firm names to the members of the Board. She stated at the time a license is issued, the Bureau sends a form the licensee completes and returns with the stamped architect seal as well as information on the firm name and its shareholders. This is then stored under the licenseeís documentation. The Board reviewed Idaho Code 54-307 regarding the firm name.  

 

The Board discussed adding this to the renewal process to gain compliance with the current statute which states an individual must notify the Board of any changes in firm personnel, etc. The Board requested the Bureau staff to follow up with the IT department on the cost and availability to implement a form which requires the licensee to update the status of their firm. Ms. Servick stated the Board should find out from other states that license firms what the need is to track this information. Mr. Turney agreed to follow up on this.

 

 

NEW BUSINESS

 

POSSIBLE SEMINAR FOR INTERNS

 

The Board discussed sponsoring a seminar for interns to educate and encourage them through the process. Mr. Reese and Mr. Turney have agreed to follow up with the state that has previously put on a seminar to get input.

 

CORRESPONDENCE FROM AR-374

 

The Board discussed emeritus status and the requirement of continuing education. A motion was made by Mr. Turney to direct counsel to respond to the licensee regarding emeritus status. Seconded by Ms. Servick, motion carried.

 

DISCUSSION REGARDING INTERIOR DESIGNERS

 

The Board discussed proposed legislation for interior designers. Mr. Cole stated the interior designerís goal is to have legislation ready to propose for next yearís session. The Board asked Mr. Hales to notify them if this legislation arises. Mr. Cole suggested the Board could present to and educate the Interior Designers of Idaho on the Architecture law and rules. Mr. Latham suggested the Board continue to monitor the progress of their proposal. Mr. Hales suggested the Bureau send them a letter letting the interior designers know of the architectís interest in the legislation.   

 

The next meeting is scheduled for September 5, 2008 at 9:00 a.m.

 

2008 ANNUAL NCARB CONFERENCE

 

A motion was made by Ms. Servick to approve all expenses to attend the 2008 Annual NCARB meeting in Pittsburgh, PA from June 25-28, 2008 for Mr. Jensen, Mr. Reese, Mr. Cole, Ms. Servick, and Mr. Turney. Seconded by Mr. Reese, motion carried.

 

The meeting broke for lunch at 12:00 p.m.

 

The meeting was called to order at 1:05p.m.

 

The Board reviewed the draft for the change to Idaho Code 54-302, which would allow an individual to begin taking the exam once they have started an internship program and have met the education or experience requirement.

 

A motion was made by Mr. Cole to approve the language change to Idaho Code 54-302 pending Mr. Haleís review. Seconded by Mr. Turney, motion carried.

 

CONTINUING EDUCATION REQUESTS

 

A motion was made by Mr. Turney to direct the secretary to send a letter to Mr. Weston suggesting he self report the seminar entitled Alternative House Practices: Designing Development Homes to the AIA. It does not meet Idahoís requirement for eight hours in health, safety, and welfare. Seconded by Mr. Latham, motion carried.

 

A motion was made by Mr. Cole to approve the continuing education request from the University of Idaho for web seminars attended by University of Idaho personnel on September 25, 2007.  Seconded by Mr. Reese, motion carried.

 

A motion was made by Ms. Servick to approve the continuing education request from the University of Idaho for web seminars attended by University of Idaho personnel on February 26, 2008. Seconded by Mr. Latham. Those opposed Mr. Cole and Mr. Turney. Motion carried.

 

EXECUTIVE SESSION

 

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. The vote was: 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. The vote was: Mr. Jensen, aye; Mr. Cole, aye; Mr. Turney, aye; Mr. Latham, aye; Ms. Servick, aye; and Mr. Reese, aye. Motion carried.

 

 

APPLICATIONS

 

A motion was made by Mr. Latham to approve the following applications for endorsement. Seconded by Mr. Reese, motion carried.

                       

 

AR-984915   OBRIEN JOHN E

AR-984919   LEONARD RICHARD WYATT

AR-984923   BLAZEJ RADIM 

AR-984924   MAINS LENDALL WILLIAM

AR-984926   REEVES JAY ERIC

AR-984927   GAVIN VINCENT DEE

AR-984928   MCCULLEN DORRANCE  

AR-984929   BEARD RICHARD DOYLE

AR-984932   LABENZ ROBERT SCOTT

AR-984933   CAWTHORNE VICTOR ALAN

AR-984934   WAUFORD JAMES 

AR-984937   NELSON DANIEL A

AR-984939   SELLERS WILLIAM RICKIE

AR-984940   STUEVE MICHAEL 

AR-984943   CASTRO PEDRO AZEVEDO DE MAGALHAES

AR-984944   ECKERT JOHN CHARLES

AR-984946   WINNER JOHN 

AR-984948   SALMON NICHOLAS PETER

AR-984951   TREADWAY LYMAN MICHAEL

AR-984952   CASTRO MICHAEL 

AR-984953   UGOROWSKI EDWIN 

AR-984551   GOLDSMITH NICHOLAS S

AR-984734   KRUSE RONALD SCOTT

AR-984843   MACKIE RON RAY

AR-984891   PREST DAVID GEORGE

AR-984906   BRITTELL DAVID 

AR-984907   COX FRED CORNICK

AR-984912   GLAZIER ROBERT CAMERON

AR-984913   VAMOSI ZSOLT 

 

A motion was made by Mr. Latham to approve the following applications for licensure by examination. Seconded by Mr. Reese, motion carried.

                       

AR-984470   ZANE JAMES RYAN

AR-984813   POWELL ROBERT JOHN

AR-984532   MICKOLIO EUGENE A

AR-984312   SCHUSTER MELANIE M

 

A motion was made by Mr. Latham to approve the following applications for examination. Seconded by Reese, motion carried.

 

GARRETT, BRIAN

ROWSER, GENTLE

SIEVERS, CLINT

WALKER, MICHAEL

SMITH, JASON

FEHRENBACKER, ROBERT

 

EXECUTIVE SESSION

 

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 Ms. Servick. The vote was: 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. The vote was: Mr. Jensen, aye; Mr. Cole, aye; Mr. Turney, aye; Mr. Latham, aye; Ms. Servick, aye; and Mr. Reese, aye. Motion carried.

 

APPLICATIONS

 

ARCA- 984917 A motion was made by Mr. Turney to deny the temporary permit application for not having a current NCARB certificate. Once it is received the permit can be issued. Seconded by Mr. Latham, motion carried.

 

ARCA-984930 A motion was made by Ms. Servick to deny the application based upon not disclosing past disciplinary sanctions in the State of Nevada. Seconded by Mr. Turney, motion carried.

 

ARCA-984914 A motion was made by Mr. Latham to issue the license with a $500.00 fine for working in Idaho without a license, but this decision is subject to Mr. Haleís review and approval. Seconded by Ms. Servick, motion carried.

 

ARCA-984887 A motion was made by Mr. Turney to deny the application for examination based upon not having a National Architectural Accrediting Board (NAAB) accrediting degree and he does not have a enough work experience based upon the broadly experienced architect. Seconded by Mr. Latham. Mr. Reese recused himself from voting. Motion carried.

 

PROPOSED LAW CHANGE 54-302

 

A motion was made by Ms. Servick to accept the revised addition to Idaho Code 54-302. Seconded by Mr. Latham, motion carried.

 

CONTINUING EDUCATION AUDITS

 

The Board reviewed the continuing education audits.

 

A motion was made by Mr. Turney to adjourn the meeting at 4:20 p.m. Seconded by Mr. Latham, motion carried.