IDAHO BOARD OF ARCHITECTURAL EXAMINERS

Bureau of Occupational Licenses

1109 Main Street, Suite 220

Boise, ID 83702-5642 

 

Board Meeting Minutes of 9/18/2009

 

 

 

 

BOARD MEMBERS PRESENT:  Shelly Servick - Chair

                                                             D. Nels Reese

                                                             Paul Jensen

                                                             Steven C. Turney

                                                             Nicholas Latham

 

 

BOARD MEMBERS ABSENT:    Peter Rockwell

                                                           

 

BUREAU STAFF:                           Dawn Hall, Administrative Support Manager

                                                            Karl Klein, Administrative Attorney

                                                            Marcie McGinty, Appeals Hearing Coordinator

                                                            Dave Hotchkiss, Complaint Coordinator

                                                            Mike Gilmore, Deputy Attorney General

                                                            Maria Brown, Technical Records Specialist

 

                                   

The meeting was called to order at 9:01 AM MDT by Shelly Servick.

 

The Board presented a plaque to former Board member, Stan Cole, and thanked him for his years of service.

 

APPROVAL OF MINUTES

 

The Board reviewed the 5/1/2009, 5/11/2009, 6/12/2009, and 7/1/2009 minutes.

 

It was moved by Mr. Jensen to amend the 5/1/2009 minutes under Incidental Practice to include the following: “Mr. Latham and Mr. Jensen will take back the Architectural Examiners Board’s concerns to the subcommittee and return to the Board when a final draft is concluded. Thereafter, the subcommittee will present the work product to The American Institute of Architects and other professional organizations for additional comments.” Seconded by Mr. Latham.

 

Ms. Servick stated that she disagreed with the amendment and remembers the motion as stated in the minutes prior to the amendment. Her recollection of the direction to the subcommittee was that the Architectural Examiners Board asked Mr. Latham and Mr. Jensen to draft a preamble describing the intent of the subcommittee which would then be sent out to all Idaho Architectural Examiners for comment. Mr. Latham and Mr. Jensen were then to take back the Architectural Examiners Board’s concerns to the subcommittee and ask The American Institute of Architects and other professional organizations for additional comments. 

 

The Board took a vote regarding if they should amend the 5/1/2009 minutes.

 

The vote was Mr. Reese, yes; Mr. Jensen, yes; Mr. Turney, yes; Mr. Latham, yes; Ms. Servick, no.

 

The Board discussed Rule 100.02, Board Members and Duties. The discussion pertained to whether or not the Board Chair has a vote.

 

It was moved by Mr. Jensen to approve the 5/11/2009, 6/12/2009, and 7/1/2009 minutes as written. Seconded by Mr. Latham, motion carried.

 

LEGISLATIVE REPORT

 

Ms. Hall presented the Legislative Report. The proposed rule changes have been submitted.

 

FINANCIAL REPORT

 

Ms. Hall presented the financial report, which indicates a cash balance of $146,954.92 as of 8/31/2009. Ms. Hall discussed with the Board discrepancies between the Board’s rules and fees currently being charged.

 

FY2010 RENEWAL CONTRACT

 

Ms. Hall presented the FY2010 Renewal Contract.

 

It was moved by Mr. Turney to approve the renewal contract for FY2010 and authorize the Board Chair to sign on behalf of the Board. Seconded by Mr. Jensen, motion carried.

 

OLD BUSINESS

 

Mr. Turney discussed the current process for proposing and submitting rule changes. He stated that he is frustrated that the Board can not discuss items of concern outside of a Board meeting and that there does not seem to be enough time due to the meetings being filled with application and continuing education audit reviews. Ms. Hall advised the Board members that they may hold two day meetings or schedule additional meetings at their discretion to focus on proposed rule or law changes or to work on items of concern.

 

FORMAL DISCIPLINARY ACTION

 

Mr. Gilmore presented a memorandum for case ARC-2009-18. 

 

After review, the Board presented its recommendations to the Office of the Attorney General.

 

It was moved by Mr. Turney to add a note to the licensees file for case ARC-2009-18 stating the case will be reopened if the license is reinstated. Seconded by Mr. Latham, motion carried.

 

Mr. Gilmore presented a memorandum for case ARC-2009-19. 

 

After review, the Board presented its recommendations to the Office of the Attorney General.

 

It was moved by Mr. Latham to direct counsel to send a strongly worded letter to cease and desist for case ARC-2009-19. Seconded by Mr. Turney, motion carried.

 

MITIGATION HEARINGS

 

Mr. Klein discussed the Stipulation and Notice of Mitigation Hearing filed by the parties. The parties’ attorneys (Mr. Gilmore and Mr. Gustavesen) addressed the Board, as did the Respondent.  The parties agreed at the hearing that the Board could enter an order adopting the stipulated facts and imposing the initially proposed discipline for case ARC-2008-7, minus costs and fees, in sum:  a $750.00 fine, and probation with credit for time served.

 

It was moved by Mr. Jensen that the Board enter such an order and authorize the Chair to sign it.  Seconded by Mr. Reese, motion carried. 

 

Mr. Latham opposed the motion.

 

It was moved by Mr. Jensen to direct staff to send Mr. Jason Tomlinson a letter suggesting he take the continuing education course offered by NCARB monogram titled, “Professional Ethics” per his consent order and authorize the Board Chair to sign on behalf of the Board. Seconded by Mr. Latham, motion carried. 

 

It was moved by Mr. Turney to direct counsel to forward the final order for case ARC-2008-7 and authorize the Board Chair to sign on behalf of the Board. Seconded by Mr. Jensen, motion carried.

 

The Board asked counsel to research Idaho Code 54-305.h. and Rule 550.04 for consistency.

 

Mr. Klein discussed each of the amendments to the open meeting law with the Board. The Board was advised not discuss Board issues outside of a Board meeting. This would be a violation of the open meeting law. The individual Board members should forward information to the Board secretary. The Board secretary may forward items to the entire Board if directed by the Board Chair, but members may not discuss the information unless it is in an open meeting.

Board members may attend courses or meetings pertaining to their profession as long as they are not having discussions among themselves as Board members or speaking on behalf of the Board. The Board should not discuss Board business while attending regional or national conferences.

 

It was moved by Mr. Reese to address the e-mail sent September 15, 2009 regarding ARC-2009-33 which violated the open meeting law. The e-mail is to be considered null and void. Seconded by Mr. Latham, motion carried. 

 

Mr. Klein stated that if a Board member can not attend a Board meeting, but would like their opinion stated, they should forward their comments to the Board secretary who will then present it during a meeting that is open to the public.

 

FORMAL DISCIPLINARY ACTION

 

Ms. McGinty presented the Board a CEU Settlement Order for ARC-2009-5.

 

It was moved by Mr. Jensen to accept the Consent Order for ARC-2009-5 and authorize the Board Chair to sign on behalf of the Board. Seconded by Mr. Latham, motion carried.

 

Ms. McGinty presented to the Board a CEU Settlement Order for ARC-2009-9.

 

It was moved by Mr. Jensen to accept the Consent Order for ARC-2009-9 with a letter added to the licensee’s file and authorize the Board Chair to sign on behalf of the Board. Seconded by Mr. Turney, motion carried.

 

Ms. McGinty presented the Board a CEU Settlement Order for ARC-2009-10.

 

It was moved by Mr. Latham to accept the Consent Order for ARC-2009-10 and authorize the Board Chair to sign on behalf of the Board. Seconded by Mr. Reese, motion carried.

 

INVESTIGATIVE REPORT

 

Mr. Hotchkiss presented the investigative report.

 

For Board Determination:

 

I-ARC-2009-26 Documentation submitted by R in response to an audit request shows that R obtained 3 hours of approved CE during the audit period, leaving a deficiency of 5 CE hours. R subsequently provided documentation verifying adequate carry-over hours from previous year.  IBOL recommends that the Board authorize closure.

 

Case number I-ARC-2009-26:  Following review, it was moved by Mr. Turney to accept the Bureau’s recommendation for closure. Seconded by Mr. Jensen, motion carried.

 

The Board asked staff for a status report of cases currently at the Office of the Attorney General.

 

EMERITUS STATUS

 

The Board addressed the issue of emeritus status for licensees and noted that a discussion took place on the topic during the 12/14/2007 Board meeting which referred to Idaho Code 54-309.

 

PROPOSED RULE CHANGE

 

Ms. Hall presented the draft of the following proposed rule changes which had been discussed at a prior meeting:

 

Rule 250.01 to add all applicants must have started or completed the Intern Development Program (IDP) requirements.

 

Rule 250.02 to add a person is qualified for the examination once they have met the experience requirement and started the Intern Development Program (IDP).

 

Rule 300.01.a to add application for licensure by examination shall be made on the uniform application form adopted by the Board and furnished to the applicant by the Bureau.

 

It was moved by Mr. Reese to approve the submission of the proposed changes as temporary rules for Rule 250.01, Rule 250.02, and Rule 300.01.a. Seconded by Mr. Latham, motion carried.

 

TO DO LIST

 

The Board reviewed the to do list.

 

RENEWAL FORM

 

The Board directed counsel to review the revised renewal form in regard to clarifying the continuing education hardship waiver request and then to forward it to the Board Chair for review. The Board will then review the revised renewal form during its next meeting and vote to approve it.

 

PROPOSED RULE CHANGE

 

The Board would like to call a special meeting to discuss the research Mr. Turney is doing regarding unlicensed practice. The special meeting will not be called until the research and proposed law change is complete. Ms. Servick suggested setting a meeting date to give a timeframe as to when the research and proposal should be complete. Mr. Turney stated that he will also be working on a bullet point summary outlining his research on unlicensed practice for the Board to use when this proposal goes before the legislative session. Ms. Hall suggested the next Board meeting be scheduled for two days to insure time for the Board to work on this proposed rule and law change. The Board did not schedule a meeting at this time.

 

The Board discussed the definition of Architect of Record. Mr. Turney stated that he will forward information from the National Council of Architectural Registration Board’s model law to counsel for review.

 

INCIDENTAL PRACTICE

 

The Board discussed incidental practice and the subcommittee which has been working to create an incidental practice document. Mr. Latham and Mr. Jensen asked that the Board approve the proposed position statement which would amend the Idaho Architectural Examiners and Board of Licensure of Professional Engineers and Professional Land Surveyors licensing laws. Mr. Jensen explained why this committee was originally formed and what the proposed amendment was intended to do. Ms. Servick presented the Board with two letters. The first letter was from The Northern Chapter of The American Institute of Architects. The second letter was from The National Council of Architectural Registration Boards. Both letters outlined the concerns of such a change in the law. Mr. Jensen explained that building officials from around the State of Idaho have asked for clarification on the scope of practice for architects and engineers. This request for clarification is why the subcommittee was formed and would require law and rule changes. Mr. Jensen stated that the subcommittee reviewed other states laws to insure consistency. He said the counties within the state that have strict ordinances do not understand that there are smaller counties which do not follow the same ordinances and this is why the committee feels that the proposals are necessary.  Mr. Latham read the definition of professional engineering form the Idaho Code 54-1202.8 which states:

 

Professional engineering and practice of professional engineering mean any service or creative work offered to or performed for the public for any project physically located in this state, such as consultation, investigation, evaluation, planning, designing, teaching upper division engineering design subjects, and responsible charge of observation of construction in connection with any public or private utilities, structures, buildings, machines, equipment, processes, works, or projects, wherein the public welfare or the safeguarding of life, health, or property is concerned or involved, when such service requires the application of engineering principles and data. A person shall be construed to practice or offer to practice professional engineering within the meaning and intent of this chapter who practices or offers to practice any of the branches of the profession of engineering for the public for any project physically located in this state or who, by verbal claim, sign, advertisement, letterhead, card, or in any other way represents himself to be a professional engineer or through the use of some other title implies that he is a professional engineer or that he is licensed under this chapter, or holds himself out as able to perform or who does perform for the public for any project physically located in this state, any engineering service or work or any other service designated by the practitioner which is the practice of professional engineering.

 

The Board discussed where it should go from here with regard to the subcommittee and the incidental practice document. The Board would like stakeholders to review the document and get opinions. The opinions would then be brought back to the Board during a Board meeting. Mr. Reese asked Mr. Jensen and Mr. Latham to bring back to the Board a summary of the research done which outlines the other state laws in regard to this incidental practice proposal. 

 

It was moved by Mr. Jensen to approve Mr. Latham and Mr. Jensen to take the Incidental Practice Document to the stakeholders at the AIA meeting on October 2, 2009 in Idaho Falls, Idaho, to include Ms. Servick, for their opinions. Seconded by Mr. Reese, motion carried.

 

Mr. Jensen will forward the meeting information to Mr. Latham and Ms. Servick prior to the meeting date.

 

NEW BUSINESS

 

The Board reviewed a letter from Mr. Austin Burr.

 

It was moved by Mr. Jensen to direct Mr. Burr to total his actual hours worked per year and divide them by 2000 which will reflect his actual hours of experience. This experience can then be used towards the eight year requirement for licensure. Seconded by Mr. Turney, motion carried.

 

The Board reviewed a letter from Ms. Mary McGown.

 

It was moved by Mr. Jensen to direct staff to draft a response letter to Ms. McGown, signed by the Board chair, indicating that the Board does not feel there is a conflict between the ordinance and the Idaho Architectural Examiners Law. Seconded by Mr. Latham, motion carried.

 

NCARB

 

The Board reviewed the FY2010 National Council of Architectural Registration Boards dues.

 

It was moved by Mr. Jensen to pay the NCARB dues in the amount of $6000.00. Seconded by Mr. Latham, motion carried.

 

ANNUAL REPORT

 

The Board discussed the possibility of creating an Idaho Architectural Examiners annual report.

 

INVESTIGATIVE REPORT

 

Mr. Hotchkiss presented the Board with a status report of cases currently at the Office of the Attorney General.

 

NEW BUSINESS

 

The Board discussed expired licenses and the process by which licensees are notified that their license is expired. The Board would like to discuss this item further during a future Board meeting or add this item to the annual report to inform licensees what the requirement is to reinstate an expired license. Ms. Hall explained that it is the licensee’s responsibility to renew their license and to submit the required documents which are requested through a letter to the licensee when a license expires. The Board agreed.

 

EXECUTIVE SESSION

 

A motion was made by Mr. Turney that the Board go into executive session under Idaho Code § 67-2345(1) (d) to consider records that are exempt from disclosure under the Idaho Public Records Law. The purpose of the executive session was to consider license application materials. Seconded by Mr. Reese. The vote was: Mr. Jensen, aye; Mr. Reese, aye; Ms. Servick, aye; Mr. Latham, aye; and Mr. Turney, aye. Motion carried.

 

It was moved by Mr. Latham that the Board enter regular session. Seconded by Mr. Reese. The vote was: Mr. Jensen, aye; Mr. Reese, aye; Ms. Servick, aye; Mr. Latham, aye; and Mr. Turney, aye. Motion carried.

 

APPLICATIONS

 

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

 

                        AINGE GARY MICHAEL                                          AR-985187

                        AVETTA PETER E                                                   AR-985181

                        CHANG CHAOHUA                                                 AR-985197

                        DREW RYAN S                                                         AR-984232

                        ELLIOTT KYLE W                                                     AR-985163

                        GLOSS JERRY R                                                     AR-985191

                        GWATHMEY EDWARD                                          AR-985167

                        HALLOWELL BRYAN JONATHAN                        AR-984883

                        HIGGINSON DAVID WAYNE                                  AR-985170

                        KELLEY GREGORY WESTMORELAND  AR-985150

                        MAHLER GRAEME HERBERT DELBERT          AR-985159

                        MALONEY SCOTT                                                   AR-985165

                        OLSON REED SCOTT                                            AR-984787

                        PARSONS ROY B                                                    AR-985184

                        POWELL JOSHUA FREEDOM                             AR-985158

                        POWERS JIMMY                                                      AR-985193

                        PRATT HENRY                                                         AR-985162

                        RAJAVELU SELVAM                                              AR-985169

                        ROACH DANIEL SHEA                                           AR-985188

                        SARICH BRANDIS L                                                AR-14960

                        SAYLER JON R                                                        AR-985106

                        SCHACHT WALTER A                                            AR-985192

                        SCHNEIDER CRAIG ALAN                                    AR-985174

                        SCOTT STEVEN LESLIE                                       AR-984825

                        SHUMAKER THOMAS MICHAEL                         AR-985166

                        SOBREPENA JESSE DOMINGO                         AR-985179

                        SUSEMIHL HEATHER ANNE                                AR-984759

                        UGRIN GREGORY                                                    AR-92543

                        VANDELOECHT LOUIS WAYNE                          AR-985199

                        WENDLER MICHELLE                                           AR-985173

                        WHITBY MICHAEL B                                               AR-985164

                        WICKWIRE GEORGE                                              AR-985175

                        YOUNG DONALD GARY                                         AR-985182

                        ZERJAV LEO CHARLES                                        AR-985189

Seconded by Mr. Reese, motion carried.

 

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

                        CANNIZZO LINDA

                        CHARLTON TODD

                        HEDRICK RICHARD CARL

                        HOPKINS SCOTT PHILIP

                        KERR MATTHEW J

                        MARTINSON BROCK TAYLOR

                        MONTGOMERY TIMOTHY WAYNE

                        QUICK ASHLEY SILVERNELL

                        SHELTROWN BRANDON NICHOLAS

                        SMITH BRADLEY KENT

 

Seconded by Mr. Turney, motion carried.

 

NEXT MEETING 12/4/2009

 

ADJOURNMENT

 

It was moved by Mr. Turney that the meeting adjourn at 4:55 PM MDT. Seconded by Mr. Latham, motion carried.