IDAHO BOARD OF ARCHITECTURAL EXAMINERS

Bureau of Occupational Licenses

1109 Main Street, Suite 220

Boise, ID 83702-5642 

 

Board Meeting Minutes of 2/12/2009

 

 

 

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

                                                            Dawn Hall, Deputy Bureau Chief

                                                            James Stoll, Administrative Attorney

                                                            Marcie McGinty, Hearing & Appeals Coordinator

                                                            Dave Hotchkiss, Investigations Coordinator

                                                            Mike Gilmore, Deputy Attorney General

                                                            Maria Brown, Technical Records Specialist

 

                                                           

 

                                   

Meeting was called to order at 9:05 AM MST by Paul Jensen.

 

APPROVAL OF MINUTES

 

The Board reviewed the 12/11/2008 minutes.

 

It was moved by Mr. Reese to approve the 12/11/2008 minutes as written. Seconded by Mr. Cole, motion carried.

 

LEGISLATIVE REPORT

 

Ms. Cory presented the Legislative Report.

 

FINANCIAL REPORT

 

Ms. Hall presented the financial report, which indicates a cash balance of $162,722.71 as of 1/31/2009.

 

FORMAL DISCIPLINARY ACTION

 

Mr. Gilmore presented a memorandum for two cases: ARC-2009-7 and ARC-2009-11. 

 

It was moved by Mr. Latham to close ARC-2009-7 and send an advisory letter. Seconded by Mr. Cole, motion carried.

 

It was moved by Mr. Cole to close ARC-2009-11 and send an advisory letter. Seconded by Mr. Latham, motion carried.

 

Mr. Gilmore presented the Board a Stipulation and Consent Order for case ARC-2008-7. 

 

Mr. Cole recused himself from discussion and voting on case ARC-2008-7.

 

It was moved by Ms. Servick to accept the Consent Order for ARC-2008-7 and authorize the Board Chair to sign on behalf of the Board. 

 

Ms. Servick retracted her motion.

 

It was moved by Mr. Reese to deny the Consent Order for ARC-2008-7. Seconded by Mr. Turney, motion carried. The Board presented their recommendations to the Office of the Attorney General.

 

CONTINUING EDUCATION

 

Ms. McGinty asked the Board for clarification regarding noncompliance discipline for continuing education. The Board stated that they agree with the verbiage from the 12/11/2008 Board meeting minutes regarding the two tiers of discipline.

 

The Board requires completion certificates or a transcript for all continuing education.

 

FORMAL DISCIPLINARY ACTION

 

Ms. McGinty presented the Board two CEU Settlement Orders for ARC-2009-6 and ARC-2009-14.

 

Ms. McGinty will renegotiate ARC-2009-6. 

 

It was moved by Mr. Turney to authorize closure for ARC-2009-14 and send an advisory letter. Seconded by Mr. Cole, motion carried.

 

The Board requested a status report for all pending cases be brought to each Board meeting.

 

INVESTIGATIVE REPORT

 

Mr. Hotchkiss presented the investigative report.

 

Fiscal Year 2009 (to date)

 

Total Complaints received (Including 23 CE audit files). 

30                             

            Status:

 

                        Closed by Board action  

10    

                        Closed following disciplinary action           

3      

                        Pending Office of the Attorney General

8

                        Pending IBOL disciplinary action

4             

                        Remaining under investigation

3              

                        Awaiting Board determination

2                 

Fiscal Year 2008

 

            Total Complaints received

11    

            Status:

 

                        Closed by Board action

6      

                        Closed following disciplinary action

1              

                        Pending Office of the Attorney General

3              

                        Remaining under investigation

1                 

Fiscal Year 2007

 

            Total Complaints received

6     

            Status:

 

                        Closed by Board action

2      

                        Closed following disciplinary action

2         

                        Pending Office of the Attorney General

1              

                        Awaiting Board determination

1               

For Board Determination:  

I-ARC-2007-1 C alleged that R may be practicing architecture without a license. R is the son of a licensed architect who owned the firm and later passed away. R applied for an architect license in 2000 but never took the examination. C alleged that clients of the firm believe that they are hiring the decedent. INV revealed that the firm is a professional limited liability company in the State of Idaho. According to the Operating Agreement and the Articles of Organization, the only member of the firm is another licensed architect and records show that the firm was purchased from the widow. Records also show that R is employed by and receives paychecks from a subsidiary business of the firm. The INV spoke with construction professionals who have had contact with the firm, and they stated that R has never held himself out to be an architect. In addition, the revealed no evidence to indicate that R has practiced architecture without a license. INV also revealed that an article in a weekly publication listed the firm and R as the architect for a new construction project. The plans for the project clearly show that the firm's owner stamped the plans, not R. The firm owner told the INV that the publication has been informed of the firms' change in ownership on numerous occasions. The owner also provided a letter that had been sent out when the business was purchased informing the firm's associates of the previous owner's death and that the business had been purchased by the new owner. INV did not reveal evidence to support the allegations or of a violation. IBOL recommends the Board authorize closure.  

Case number I-ARC-2007-1: Following review, it was moved by Mr. Reese to accept the Bureau’s recommendation for closure. Seconded by Mr. Cole, motion carried.

I-ARC-2009-6 R failed to respond to the CE Audit. Certified demand for proof of CE was sent.  R submitted AIA transcripts confirming compliance with the audit period in questions.  Based on the transcripts submitted by R, IBOL recommends the Board authorize closure.

Case number I-ARC-2009-6: Following review, it was moved by Mr. Cole to accept the Bureau’s recommendation for closure. Seconded by Mr. Turney, motion carried.

I-ARC-2009-27 Audit documentation shows that 15 hours of non-approved CE were submitted that were obtained during the period.  Hours were not germane to Health, Safety and Welfare.  R failed to respond to the request for carry-over hours. Certified letter requesting appropriate CE or a petition for more time was sent.  R submitted AIA transcripts confirming compliance with the audit period in question.  Based on the transcripts submitted by R, IBOL recommends the Board authorize closure.

Case number I-ARC-2009-27: Following review, it was moved by Ms. Servick to accept the Bureau’s recommendation for closure. Seconded by Mr. Reese, motion carried.

Mr. Hotchkiss presented an e-mail to the Board regarding a continuing education hardship. The Board stated that it is the licensee’s responsibility to truthfully complete the renewal form. If the licensee has not met the continuing educational requirement, they are to mark no on the renewal form and submit a letter to the Board explaining why they feel that they should meet the exemption along with proof of the hardship.

OLD BUSINESS

 

PROPOSED RULE

 

Mr. Stoll discussed his review of a proposed rule defining architect of record. The Board is concerned with the verbiage and feels more clarification is needed. They asked counsel to check with the National Council of Architectural Registration Boards for its definition of architect of record.

 

FIRM REGISTRATION

 

Mr. Turney presented his findings on firm registration in other states. The states that are currently registering firms are encountering issues with Employee Stock Ownership Plans. Mr. Turney will forward a summary of his findings to the Board’s secretary. The Board’s secretary will e-mail the summary to the Board. The Board will continue this discussion during the next Board meeting. Ms. Cory explained the legislative process and the open meeting law.

 

PROPOSED LAW

 

The Board may submit proposed laws for firm registration, firm practice, Architect of Record, unlicensed practice, and incidental practice. The Board would also like clarification between Idaho Codes 54-307 and 54-316. Idaho Code 54-309(2) (c) should be three (3) stories, not two (2) stories. Ms. Cory explained the concerns that the Office of The Attorney General brought up previously regarding unlicensed practice. A law regarding unlicensed practice should be proposed by a legislator, or an association. Ms. Cory advised that the Board continue working through these proposals and have them ready to submit by August of 2009. 

 

IDAHO ASSOCIATION OF BUILDING OFFICIALS MEETING

 

Mr. Jensen presented an overview of the Idaho Association of Building Officials Meeting.

           

NEW BUSINESS

 

The Board discussed the scope of practice for a licensed architect and a licensed engineer.

 

The Board Broke for lunch at 12:15 PM MST.

 

The Board returned from lunch at 1:25 PM MST.

 

FORMAL DISCIPLINARY ACTION

 

The Board discussed case ARC-2008-7 with Mr. Stoll.

 

It was moved by Mr. Latham to direct counsel to send an advisory letter to the individuals involved in case ARC-2008-7 to stop practicing architecture without a license. Seconded by Mr. Reese, motion carried.

 

The Board questioned counsel on the investigative process. Mr. Stoll explained the investigative process to the Board and when it was appropriate for a Board member to recuse themself. The Board would like as many details as possible within memorandums and investigative reports so that they can make a more informed decision.

 

CORRESPONDENCE

 

The Board reviewed an e-mail from Ms. Jennifer Amundsen.

 

It was moved by Mr. Latham to direct counsel to draft a letter to Ms. Amundsen outlining Idaho Code 54-316 and forward it to the chair for approval prior to sending it. Seconded by Mr. Cole, motion carried.

 

EXECUTIVE SESSION

 

It was moved by Ms. Servick that the Board enter executive session to review applications which are exempt from public disclosure per Idaho Code 67-2345 (1) (d).  Seconded by Mr. Cole. Ayes were: Mr. Jensen, Ms. Servick, Mr. Latham, and Mr. Cole, motion carried.

 

It was moved by Ms. Servick that the Board enter regular session. Seconded by Mr. Cole. Ayes were: Mr. Jensen, Ms. Servick, Mr. Latham, and Mr. Cole, motion carried.

 

CE REINSTATEMENT AUDIT

 

The Board reviewed continuing education reinstatement audits.

 

APPLICATIONS

 

Moved by Mr. Latham to approve the following applicants for licensure:  

 

                        DODGE RICHARD DELOS                        AR-985076

                        DREYER JAMIE DAVID                              AR-985099

                        GROVE THOMAS MURRAY                       AR-985047

                        HILL ZACHARY THORNE                           AR-985101

                        LANGUE PIERRE                                        AR-985102

                        METZGER GEORGE RUSSELL                AR-985092

                        PARRISKI MICHAEL DAVID                      AR-985088

                        RICHEY REGINALD WADE                        AR-985104

                        RUTHERFORD WILLIAM DAWSON         AR-985094

                        SCHOEMAN THOMAS JOHN                    AR-985081

                        SCHWEMMER ANNIE V                             AR-985089

                        SMITH BRAD BROWN                                AR-985103

                        WATKINS MICHAEL DAVID                       AR-985096

                        WILLIAMS DAVID A                                     AR-985091

Seconded by Ms. Servick, motion carried.

    

Moved by Mr. Latham to table the following application until the next Board meeting:

 

                        901072412

                       

Seconded by Ms. Servick, motion carried.

 

Moved by Mr. Latham to approve the following applicants for examination: 

                       

                        WILLIAMS ANNA C.S.                     AR

                        WALLGREN JERROD PHILIP        AR

                        HARRIGFELD AARON L                 AR

                        FOLWELL BYRON W                      AR

 

Seconded by Ms. Servick, motion carried.

 

BOARD BUSINESS

 

It was moved by Mr. Cole to approve Mr. Reese’s rental car for attending the Board meeting. Seconded by Mr. Latham, motion carried.

 

NEXT MEETING 5/1/2009

 

ADJOURNMENT

 

It was moved by Mr. Cole that the meeting adjourn at 3:15 PM MDT. Seconded by Mr. Latham, motion carried.