Bureau of Occupational Licenses
1109 Main Street, Suite 220
Boise, ID 83702-5642
Jay Wayne Cone
BOARD MEMBERS ABSENT: D. Nels Reese
Lori Peel, Investigative Unit Manager
OTHERS PRESENT: Erin Anderson
The Board welcomed its newest member, Mr. Cone.
Ms. Peel asked the Board to amend the agenda to include a letter from Gregory Higgins requesting a payment plan for case ARC-2010-13 due to it not being posted on the agenda.
It was moved by Mr. Jensen to amend the agenda to include a letter from Gregory Higgins regarding case ARC-2010-13 per Idaho Code 67-2343 (4) (c). The item was not placed on the agenda due to the correspondence and supporting documentation not being made available until the day of the meeting. Seconded by Mr. Rockwell, motion carried.
APPROVAL OF MINUTES
The Board reviewed the 2/12/2010 minutes.
It was moved by Mr. Rockwell to approve the 2/12/2010 minutes as written. Seconded by Mr. Jensen.
Ms. Cory gave the legislative report and reminded the Board of the timeline for submitting proposed rules and laws to the Legislature. She also noted a resolution passed by the House regarding rules being sent to the Legislature and informed the Board of the Bureau’s upcoming move to the Hall of Mirrors.
Ms. Cory presented the financial report, which indicates a cash balance of $146,183.23 as of 4/30/2010.
Ms. Peel presented the investigative report.
Ms. Peel presented a letter from Gregory Higgins requesting a payment plan for case ARC-2010-13.
It was moved by Mr. Rockwell to approve the requested payment plan extension for case ARC-2010-13. Seconded by Mr. Jensen, motion carried.
The Board reviewed the to do list.
Mr. Turney stated that he is still working on summarizing the research he has been doing on firm registration and on defining electronic seals in other jurisdictions. The Board requested that he prioritize his findings and that firm registration should be summarized first. The Board would like to make an informed decision on if it should register firms, or remove the verbiage from the law entirely. The Board noted that the Idaho Board of Engineers defines an electronic seal within its statutes and that Mr. Turney should review those statutes for possible direction. Mr. Turney stated that NCARB, National Council of Architectural Registration Boards, is currently looking at model law which would address these items and suggested that the Board wait for the model law before adopting changes to its law and rule. Mr. Rockwell agreed. Ms. Cory reminded the Board of the timeline for submitting proposed law or rule changes to the Legislature.
The Board discussed forming a subcommittee to work on proposed law and rule changes to define responsible control, clarify electronic seals, and firm registration.
It was moved by Mr. Jensen to form a subcommittee of two Board members, Shelly Servick and Steve Turney, to work on proposed law and rule changes to define responsible control, clarify electronic seals, and research firm registration. Seconded by Mr. Turney, motion carried.
Mr. Jensen gave an update on the work of the incidental practice subcommittee. The subcommittee changed the term from incidental practice to overlapping practice and is currently working on defining the practice. They are taking the overlapping practice document to stakeholders for comment. Ms. Servick stated that the Board had directed the subcommittee during past Board meetings to bring the comments of the stakeholders back to the respective Board’s for review prior to drafting and proposing any new legislation. Ms. Servick also stated that she attended the last subcommittee meeting, and noted that the current definition of overlapping practice and the matrix conflict. She read a letter from a Kootenai County Building Official who disagrees with proposed overlapping of practice legislation. Ms. Servick stated that she is concerned that this proposal will allow engineers to practice architecture which may put the public in danger. She asked that the subcommittee provide the respective Board’s with letters from the stakeholders who are in favor of overlapping practice legislation. Mr. Turney stated that building officials still have the International Building Code. Mr. Jensen stated that in an ideal world engineers and architects practice would be separate. The professions practices do currently overlap. Mr. Cone stated that building officials are looking for guidance. In giving that guidance, the Board should be clear as to what engineers can and can’t do. Ms. Servick disagreed and stated that engineers do not have training in life safety. Mr. Cone agreed and stated that the line should be defined so that engineers are not practicing in areas which could be a detriment to life safety. Ms. Servick is also concerned in tying state law with the building code due to the building code changing each year. The Board tabled the discussion until it receives the comments from the stakeholders and code officials.
NCARB 2010 ANNUAL MEETING AND CONFERENCE
The Board discussed the upcoming 2010 Annual NCARB, National Council of Architectural Registration Boards, Meeting.
It was moved by Mr. Turney to send Mr. Reese, Mr. Turney, Mr. Cone, Mr. Jensen, Mr. Rockwell, and himself to the 2010 Annual NCARB Meeting and to pay the registration cost and travel expenses. Seconded by Mr. Jensen, motion carried.
It was moved by Mr. Turney to amend the earlier motion to include Ms. Brown in the 2010 Annual NCARB Meeting and to pay her registration cost and travel expenses. Seconded by Mr. Jensen, motion carried.
The Board reviewed correspondence from Louis Simonet asking the Board to clarify direct supervision under Rule 550.04.
It was moved by Mr. Jensen to forward the letter to the Investigative Unit and direct Counsel to respond to Mr. Simonet outlining Rule 550.04 and advising that he contact his own attorney for an interpretation. Seconded by Mr. Turney, motion carried.
Mr. Rockwell opposed the motion.
Mr. Klein explained the disciplinary process to the Board and why it is important that the Board receives blind memorandum files for certain cases.
ELECTION OF BOARD CHAIRMAN AND VICE CHAIRMAN
It was moved by Ms. Servick to appoint Mr. Turney as the Board’s Chairman. Seconded by Mr. Jensen, motion carried.
It was moved by Ms. Servick to appoint Mr. Rockwell as the Board’s Vice Chairman. Seconded by Mr. Jensen, motion carried.
A motion was made by Ms. Servick 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. Jensen. The vote was: Ms. Servick, aye; Mr. Cone, aye; Mr. Turney, aye; Mr. Jensen, aye; and Mr. Rockwell, aye. Motion carried.
It was moved by Mr. Jensen that the Board enter regular session. Seconded by Mr. Cone. The vote was: Ms. Servick, aye; Mr. Cone, aye; Mr. Turney, aye; Mr. Jensen, aye; and Mr. Rockwell, aye. Motion carried.
Moved by Ms.Servick to approve the following applicants for licensure:
PATTON DANIEL KENDON AR-984752
JACOBS JUSTIN WADE AR-984860
JOHNSON RYAN MARK AR-984878
CHATFIELD JON AR-984992
WHITE STEPHEN L AR-985256
FICKLIN WAYNE CONRAD AR-985258
CULLIGAN JOHN W AR-985261
POWELL MILT AR-985262
HUMPHREYS JEFF RHYS AR-985265
MILLER ROBERT EARL AR-985266
DREWS JAMES EDWARD AR-985267
HILLES MARK LEBARON AR-985268
MARCANTEL ROBERT J AR-985269
ROAF SCOTT AR-985270
BYERS JEFFREY N AR-985271
BANTA EDWIN J AR-985272
DOMINGUEZ JOHN AR-985273
WIDAWSKY WARREN THOMAS AR-985277
SPATZ MARK ANTHONY AR-985278
GILLILAND MERLE DONALD AR-985280
CHUPKA VINCE GERALD AR-985282
LEMON JAMES E AR-985283
EWOLDT STEVEN GARY AR-985284
BOUALAMALLAH FATAH AR-985285
RAUSCHENBACH ROBERT FREDERICK AR-985286
LIKES JEFFERY R AR-984724
WALLGREN JERROD PHILIP AR-985087
REISCH KEVIN LEE AR-985218
Seconded by Mr. Jensen, motion carried.
Moved by Ms. Servick to approve the following applicants for examination:
PETTY JESSICA LYNN
RICHARDS SARA MARGARET
YOUNG ERIN ELIZABETH
WHEATLEY WILLIAM WAYLON
HAMBLIN ANDREW W
SLAWSON JASON KEITH WAYNE
Seconded by Mr. Jensen, motion carried.
NEXT MEETING 7/9/2010
It was moved by Ms. Servick that the meeting adjourn at 4:30 PM MST. Seconded by Mr. Rockwell, motion carried.