IDAHO BOARD OF ARCHITECTURAL EXAMINERS

Bureau of Occupational Licenses

700 West State Street, P.O. Box 83720

Boise, ID 83720-0063 

 

Board Meeting Minutes of 11/9/2011

 

 

 

BOARD MEMBERS PRESENT:  Peter Rockwell - Chair

                                                    Jay Wayne Cone

                                                    Garth J. Jensen

                                                    Steven C. Turney

                                                    Shelly Servick

                                                    Paul Jensen

 

 

BUREAU STAFF:                        Tana Cory, Bureau Chief

                                                   Dawn Hall, Administrative Support Manager

                                                   Lori Peel, Investigative Unit Manager

                                                   Maurie Ellsworth, Legal Counsel

                                                   Eric Nelson, Prosecuting Attorney

                                                   Maria Brown, Technical Records Specialist

 

OTHERS PRESENT:                   Jason Tomlinson

                              

The meeting was called to order at 8:03 AM MST by Peter Rockwell.

 

APPROVAL OF MINUTES

 

The Board reviewed the 8/10/2011 and the 8/15/2011 minutes.

 

It was moved by Mr. P. Jensen to approve the 8/10/2011 and the 8/15/2011 minutes as written. Seconded by Mr. G. Jensen, motion carried.

 

LEGISLATIVE REPORT

 

Ms. Cory gave the legislative report. The Board’s proposed rule changes are posted to the website.

 

FINANCIAL REPORT

 

Ms. Hall presented the financial report, which indicates a cash balance of $110,147.46 as of 10/31/2011.

 

FORMAL DISCIPLINARY ACTION

Mr. Nelson presented the Board a Stipulation and Consent Order for case ARC 2010-18.

 

Ms. Servick recused herself from discussion and voting on case ARC-2010-18.

 

It was moved by Mr. Turney to accept the Consent Order for ARC-2010-18 and authorize the Board Chair to sign on behalf of the Board. Seconded by Mr. Cone, motion carried.

 

INVESTIGATIVE REPORT

 

Ms. Peel presented the investigative report.

 

For Board Determination:

 

Case number I-ARC 2012-6: Following review, it was moved by Mr. Turney to accept the Bureau’s recommendation for closure with a warning letter to the respondent. Seconded by Mr. G. Jensen, motion carried.

 

FORMAL DISCIPLINARY ACTION

 

Ms. Peel presented a memorandum for case I-ARC-2012-5.

 

It was moved by Mr. Turney to authorize closure with an advisory letter for case I-ARC-2012-5.  Seconded by Mr. G. Jensen, motion carried.

 

Ms. Peel discussed with the Board a request from the collection agency that handles past due disciplinary accounts.  The collection agency asked if the Board would give the Bureau the authority to negotiate a settlement on any past due balances. 

 

It was moved by Mr. Turney to grant the Bureau the authority to allow the collection agency to negotiate settlement of a collections case to a minimum amount, and any potential settlement less than that amount of the original debt would be brought to the Board for review.  Seconded by Mr. G. Jensen, motion carried.

 

OLD BUSINESS

 

The Board reviewed the To Do List.

 

POTENTIAL LAW AND RULE CHANGES      

 

The Board reviewed proposed law and rule changes drafted by Ms. Servick. The Board will review NCARB model law and invite Roger Hales to attend the next meeting to discuss potential law and rule changes for the 2013 Legislature. The Board directed counsel to research corporate law in regard to ownership of Architecture Firms in Idaho and bring that information to the next meeting. The Board thanked Ms. Servick for her work in drafting the proposed law and rule changes.

 

NEWSLETTER

 

The Board discussed the recent newsletter and the format for publishing future editions. The Board agreed to continue sending the newsletter as a PDF with working links through e-mail and to include it in the body of the e-mail without working links. The Board plans to publish the newsletter two times per year – with deadlines for articles in February and July for publication in April and September. The Board is also open to publishing submissions from licensees. The Board discussed future articles.

 

 

NEW BUSINESS

 

The Board reviewed and discussed a letter from Randall Syphus requesting an extension of the rolling clock period for the ARE exam.

 

Mr. P. Jensen recused himself from the discussion and voting on Mr. Syphus’s request.

 

It was moved by Ms. Servick to approve Mr. Syphus’s request for an extension and to inform him of NCARB’s requirement for certification. Motion failed for lack of a second.

 

It was moved by Mr. Turney to stick with the five year rolling clock and deny the request. Seconded by Mr. G. Jensen, motion carried.  Ms. Servick opposed the motion.

 

The Board reviewed an e-mail from Jeffrey Fickes requesting clarification of Idaho Code 54-316.

 

It was moved by Mr. G. Jensen to direct counsel to respond to this request directing the requestor to get advice from his own legal counsel. Seconded by Mr. Turney, motion carried.

 

Jason Tomlinson addressed the Board regarding follow-up to prior discipline. The Board thanked Mr. Tomlinson for following through on the process.

 

NCARB

 

Mr. Turney, Mr. P. Jensen, and Mr. Cone attended the NCARB ARE subcommittee in Atlanta. They reported on the meeting. Ms. Brown reported on the MBE committee meeting she recently attended.

 

WCARB

 

The Board reviewed the FY 2012 Western Conference of Architectural Registration Boards dues.

 

It was moved by Mr. Turney to pay the WCARB dues in the amount of $4000.00. Seconded by Mr. P. Jensen, motion carried.

 

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 Ms. Servick. The vote was: Ms. Servick, aye; Mr. Cone, aye; Mr. Turney, aye; Mr. P. Jensen, aye; Mr. G. Jensen, aye; and Mr. Rockwell, aye. Motion carried.

 

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

 

APPLICATIONS

 

It was moved by Mr. Turney to approve the following applicants for licensure:  

 

                    RICHARDS DAVID A                   AR-985242

                    PIISPANEN NEIL ROBERT         AR-985431

Seconded by Mr. Cone, motion carried.

 

It was moved by Mr. Turney to approve the following applicants for examination: 

 

                     SMITH BENJAMIN NEPHI                    

                     DUFF MICHAEL PATRICK                   

                     LEDFORD BENJAMIN HENRY OTIS    

                     RAYGOSA CELESTE TAMIKO             

                     YATES JASON LEE                             

                     BORMAN SAMUEL JAMES                  

                     HUBOF NICHOLAS RYAN                    

                     SARE DAVID NATHANIEL          

Seconded by Mr. G. Jensen, motion carried.

 

NEXT MEETING

 

The next Board meeting is scheduled for January 11, 2012.

 

ADJOURNMENT

 

It was moved by Mr. Turney that the meeting adjourn at 11:40 PM MST. Seconded by Mr. P. Jensen, motion carried.