IDAHO CONTRACTORS BOARD

Bureau of Occupational Licenses

1109 Main Street, Suite 220

Boise, Idaho

(208) 334-3233

 

Minutes of September 18, 2007

 

 

PRESENT:                   Jerry Nemec-Chair

Alan H Gelet

Art G Elliott III

Steve R Pinther

Pamela Prather

 

BUREAU STAFF:       Tana Cory, Bureau Chief

                                    Roger Hales, Administrative Attorney

                                    Mike Gilmore, Deputy Attorney General

                                    Erin Anderson, Secretary

                                    Marcie McGinty, Appeals/Hearing Technician

                                    Dave Hotchkiss, Investigations Coordinator

 

Meeting called to order by Board Chair, Jerry Nemec, at 8:30 a.m. 

 

MINUTES

 

The Board approved the 09/11/2007 board meeting minutes.  Motion to approve by Mr. Elliott, seconded by Mr. Gelet, motion carried.

 

DISCUSSION

 

Ms. Cory presented the Board with her legislative report, introducing Dave Hotchkiss as the new addition to the investigative unit as an Investigations Coordinator to work along with Ms. McGinty. 

Ms. Cory also presented the financial report of the board, explaining their expenditures and balances.

Ms. Cory then presented the Board with their investigative report, and requested Board recommendations.  Below is the list of the complaints, and the Board’s decision.

 

CON-L4B-2-2006-22 IBOL recommends the Board authorize closure with a cease and desist letter to R.  Motion to approve by Mr. Elliott, seconded by Mr. Gelet, motion carried.

 

CON-P3B-1-2006-34 IBOL recommends the Board authorize closure.  Motion to approve by Mr. Gelet, seconded by Mr. Pinther, motion carried.

 

CON-B5A-2007-#s38;80;83;88;89;90;91;104;108;117;120;121;122;124;127;141;149;151;153;158;160;162;174;180;205;224;302;305;307;308;311;332;335;358;365;367;369;378;380;416;418;420;423;430;432;433;445;454;455;456
IBOL recommends the Board authorize closure.  Motion to approve by Ms. Prather, seconded by Mr. Gelet, motion carried.

 

CON-B5A-3-2007-109 IBOL recommends closure with advisory letter.  Motion to approve by Mr. Pinther, seconded by Mr. Gelet, motion carried.

 

CON-P4C-3-2007-183 IBOL recommends the Board authorize closure with a cease and desist letter.  Motion to approve by Ms. Prather, seconded by Mr. Gelet, motion carried.

 

CON-P4C-4-2007-214 IBOL recommends the Board authorize closure.  Motion to approve by Mr. Pinther, seconded by Ms. Prather, motion carried.

 

CON-P4C-3-2007-228 Investigation did not reveal evidence of a violation.  IBOL recommends the Board authorize closure.  Motion to approve by Mr. Pinther, seconded by Mr. Gelet, motion carried.

 

CON-P1-1-2007-262 Investigation revealed that all activities took place prior to registration act.  IBOL recommends the Board authorize closure with cease and desist letter.  Motion to approve by Mr. Gelet, seconded by Mr. Pinther, motion carried.

 

CON-P4C-2-2007-270 Investigation revealed evidence to support the allegations and a violation.  IBOL recommends the Board authorize closure with a cease and desist letter to R.  Motion to approve by Ms. Prather, seconded by Mr. Pinther, motion carried.

 

CON-P3-3-2007-275 All activity took place prior to the registration act.  IBOL recommends the Board authorize closure.  Motion to approve by Ms. Prather, seconded by Mr. Pinther, motion carried.

 

CON-L1-4-2007-290 IBOL recommends the Board authorize closure based on compliance.  Motion to approve by Mr. Elliott, seconded by Ms. Prather, motion carried.

 

CON-P1-4-2007-291 IBOL recommends the Board authorize closure with an advisory letter.  Motion to approve by Mr. Elliott, seconded by Ms. Prather, motion carried.

 

CON-P3C-2-2007-293 Due to lack of jurisdiction, IBOL recommends closure, with recommendation that C file criminal charges.  Board made motion to approve without advice to C to pursue criminal charges, made by Ms. Prather, seconded by Mr. Gelet, motion carried.

 

CON-B5A-2007-312-#s312;346;347;354;379;382;389;398;408;409;414;419;422;426;435;436;438;443;444;&447
IBOL recommends the Board authorize closure.  Motion to approve by Ms. Prather, seconded by Mr. Elliott, motion carried.

 

CON-P1-2-2007-325 IBOL recommends the Board authorize closure with a cease and desist letter.  Motion to approve by Ms. Prather, seconded by Mr. Gelet, motion carried.

 

CON-L1-4-2007-338 No evidence was revealed to support the allegation and IBOL recommends the Board authorize closure.  Motion to approve by Ms. Prather, seconded by Mr. Gelet, motion carried.

 

CON-P4A-1-2007-341 Investigator presented evidence to prosecutor and a summons to appear was issued. Investigation revealed that R failed to appear and a warrant was issued for R's arrest. IBOL recommends the Board authorize closure with a cease and desist letter.  Motion to approve by Mr. Elliott, seconded by Mr. Pinther, motion carried.

 

CON-P1-3-2007-370 Investigation did not reveal evidence to support the allegations or a violation. IBOL recommends the Board authorize closure.  Motion to approve by Ms. Prather, seconded by Mr. Elliott, motion carried.

 

 

CON-P5B-4-2007-385 IBOL recommends the Board authorize closure.  Motion to approve by Ms. Prather, seconded by Mr. Gelet, motion carried.

 

CON-L1-2-2007-475 Investigation did not reveal evidence of a violation. IBOL recommends the Board authorize closure.  Motion to approve by Mr. Elliott, seconded by Mr. Gelet, motion carried.

 

CON-S1-3-2007-477 Based on R's compliance, IBOL recommends the Board authorize closure with an advisory letter.  Motion to approve by Mr. Elliott, seconded by Ms. Prather, motion carried.

 

CON-P4C-4-2007-480 Complaint is civil in nature and IBOL recommends closure with a referral letter to C of other available options.  Motion to approve by Mr. Elliott, seconded by Mr. Gelet, motion carried.

 

CON-S1-1-2007-507 Based on R's compliance, IBOL recommends the Board authorize closure with an advisory letter.  Motion to approve by Mr. Elliott, seconded by Mr. Pinther, motion carried.

 

CON-P4C-2-2007-520 Investigation revealed that C settled the matter out of court and requested that the complaint be withdrawn. IBOL recommends the Board authorize closure.  Motion to approve by Ms. Prather, seconded by Mr. Gelet, motion carried.

 

CON-P3-2-2007-533 Investigation did not reveal evidence to support the allegations or of a violation. IBOL recommends the Board authorize closure.  Motion to approve by Ms. Prather, seconded by Mr. Elliott, motion carried.

 

CON-P1-2-2007-535 Investigation did not reveal evidence of substandard or defective workmanship. IBOL recommends the Board authorize closure.  Motion to approve by Ms. Prather, seconded by Mr. Gelet, motion carried.

 

CON-S1-1-2007-564 IBOL recommends the Board authorize closure.  Motion to approve by Mr. Elliott, seconded by Mr. Pinther, motion carried.

 

CON-P3A-2-2007-568 IBOL recommends the Board authorize closure with an advisory letter regarding proper safety measures.  Motion to approve without advisory letter by Ms. Prather, seconded by Mr. Pinther, motion carried.

 

CON-S1-1-2007-570 IBOL recommends the Board authorize closure based on compliance.  Motion to approve with verification of R being issued a registration number made by Mr. Elliott, seconded by Ms. Prather, motion carried.

 

CON-P1-1-2007-578 IBOL recommends the Board close and advise C to seek legal counsel.  Motion to approve by Mr. Pinther, seconded by Mr. Elliott, motion carried.

 

CON-P4A-2-2007-589 IBOL recommends the Board authorize closure.  Motion to approve by Ms. Prather, seconded by Mr. Elliott, motion carried.

 

CON-S1-1-2007-591 Based on compliance IBOL recommends the Board authorize closure.  Motion to approve by Mr. Elliott, seconded by Mr. Gelet, motion carried.

 

CON-L4C-2-2007-596 IBOL recommends the Board authorize closure.  Motion to approve by Mr. Pinther, seconded by Mr. Elliott, motion carried.

 

CON-P1-2-2007-619 IBOL records confirm that registration was later issued and R satisfied the supplier issue. Based on compliance, IBOL recommends the Board authorize closure.  Motion to approve by Mr. Pinther, seconded by Mr. Elliott, motion carried.

 

CON-P3B-2-2007-624 Investigation did not reveal evidence to support the allegations of a violation. IBOL recommends the Board authorize closure.  Motion to approve by Mr. Pinther, seconded by Mr. Gelet, motion carried.

 

CON-P1-2-2007-639 IBOL recommends the Board authorize closure. Motion to approve by Mr. Pinther, seconded by Mr. Elliott, motion carried.

 

CON-P3C-2-2008-11 Investigations did not reveal evidence to support the allegations or a violation.  IBOL recommends the Board authorize closure.  Motion to approve by Ms. Prather, seconded by Mr. Pinther, motion carried.

 

FORMAL DISCIPLINARY ACTION

 

Mr. Gilmore presented the following memorandum for consideration by the Board:

 

CON-2008-6

 

Mr. Gilmore explained to the Board their jurisdiction/statutory authority to penalize unregistered contractors.  The Board was asked to choose if they would like to penalize registered and unregistered contractors.  Motion was made by Ms. Prather to pursue administrative discipline to registered as well as unregistered contractors, seconded by Mr. Pinther, motion carried.

 

Mr. Gilmore also let Board know from a previous inquiry with him in regards to probation starting after a registrant has paid their fines/restitution that this would be okay, as long as defendant agrees to this in the stipulation order that Mr. Gilmore’s office would present to them.

 

Ms. Prather asked Ms. Anderson to please submit a letter to the Northern Idaho Prosecuting attorney’s office, and their affiliates, to thank them for their diligent pursuit of the Board’s complaints that are presented to them for prosecution.

 

DISCUSSION

 

Board addressed the writing of exemption 54-5205 (2) (l).  Mr. Nemec asked Mr. Hales to please contact Mr. Pisca and ask association to work on language for this law, focusing on the exemption of a multi-housing unit.  Motion to approve this request made by Mr. Gelet, seconded by Ms. Prather.

 

Board went into recess from 10:20 a.m. to 10:25 a.m.

 

EXECUTIVE SESSION

 

Motion was made by Ms. Prather to enter into executive session to discuss applications and matters not subject to public disclosure, per section IC 67-2345 (1) (d).  Motion was seconded by Mr. Gelet, motion carried. 

 

Motion was made to exit from executive session by Mr. Elliott, seconded by Ms. Prather, motion carried. 

 

The following applications were approved:

 

LicNo

Name

RCE-23387

MYERS CUSTOM HOMES LLC

RCE-23392

CRAIG COOKE CONSTRUCTION LLC

RCT-23399

RUSHING JOREN

RCE-21847

WEBER/SHEETS CONSTRUCTION

RCE-22083

INTERSTATE DRILLING LLC

RCE-22900

FIRST CLASS CLEANING LLC

RCE-23065

KINGFISHER CONST & CONSULTATION LLC

RCE-23082

LOG HAVEN BUILDERS LLC

RCE-23153

OWENS CONSTRUCTION

RCE-23158

EPIC CONSTRUCTION INCORPORATED

RCE-23175

CASEYS PAINTING

RCE-23177

RON SMITH CONSTRUCTION LLC

RCE-23197

JCL AND SONS CONCRETE PLUS

RCE-23203

BLOCK CONSTRUCTION

RCE-23211

VERTICAL EVOLUTION

RCE-23226

SAGE CONTRACTING INC

RCE-23243

JH AUDIO AND HOME TECHNOLOGIES LLC

RCE-23293

AERO CONSTRUCTION LLC

RCE-23299

ERNIE ALGER LLC

RCE-23313

CLEARWATER POND CARE AND LANDSCAPE LLC

RCE-23314

OUTWEST C & E INC

RCE-23320

C & S SWEEPING SERVICES INC

RCE-23321

HERNDON INC

RCE-23328

AE CONCEPTS LLC

RCE-23329

EZ LANDSCAPE & MAINTENANCE LLC

RCE-23332

VARIETY CUSTOM CABINETRY

RCE-23335

MORCON CONSTRUCTION CO INC

RCE-23336

IDEAL HOME SERVICES INC

RCE-23340

KUNZ CUSTOM HOMES, LLC

RCE-23344

ZOOM CONCEPTS

RCE-23345

CMS CONTRACTING LLC

RCE-23348

RON J PETERSON CONSTRUCTION, INC

RCE-23349

STANDARD DRYWALL INC

RCE-23351

VAN CAN CONSTRUCTION LLC

RCE-23354

LIBERTY PLACE VENTURER LLC

RCE-23356

STARTECH COMMUNICATIONS

RCE-23363

CARLSON SIGN

RCE-23365

T QUALITY FRAMING LLC

RCE-23366

HALL CONSTRUCTION LLC

RCE-23367

ACCENT IRRIGATION & FENCE

RCE-23368

OLDE THYME CRAFTSMAN, LLC

RCE-23369

TREE MAINTENANCE

RCE-23371

FULL HOUSE FINISH CARPENTRY LLC

RCE-23372

A-1 CONTRACTING CORP

RCE-23373

L.F. WOLF CONSTRACTING, INC

RCE-23375

JW CONTRACTING INC

RCE-23376

HIDE AWAY DEVELOPMENT INC

RCE-23378

COMMERCIAL MANAGEMENT RESOURCES LLC

RCE-23380

REMMING DRYWALL

RCE-23381

RHEINGANS PAINTING

RCE-23394

SHUE DESIGN BUILD LLC

RCE-23395

COLTEN PLUE EXCAVATION LLC

RCE-23397

NOBLE HOMES LLC

RCE-23398

CULBERT CONSTRUCTION INC

RCT-19474

WHITELEY BRAD

RCT-22467

WIRICK DAVID

RCT-22595

DAVIS EDWARD SCOTT

RCT-22826

BALTAZAR DANIEL

RCT-22978

REHDER RYAN

RCT-23030

ASHBY TJ

RCT-23092

UMPHREY JAMES

RCT-23143

HOLMES RAY

RCT-23188

PARTRIDGE ROGER

RCT-23260

SWINDELL ZELDA

RCT-23269

STREET DAN

RCT-23270

EDDINGTON THANE

RCT-23294

COLLINS JOSEPH

RCT-23295

JACOBSON JAMES

RCT-23304

BEEBE SHANE

RCT-23308

GARIDEL TROY

RCT-23309

MCPEAK JUSTIN

RCT-23310

JANSON PHIL

RCT-23317

MEECHAM JAMES

RCT-23318

BRANDT SHANE

RCT-23319

HANNON JESSE J

RCT-23322

FORD JACK

RCT-23324

PUTNAM MERL

RCT-23327

HUNT RICHARD

RCT-23330

JUSIC SILVANA

RCT-23331

ESTRADA RUBEN

RCT-23339

HUGHES DAVID

RCT-23346

JOHNSON ALAN L

RCT-23350

BIONDO NICHOLAS MICHAEL

RCT-23355

TREMELLING SCOTT

RCT-23359

MILLER DAVID A

RCT-23360

DAVID WADE

RCT-23362

HIX KAREN

RCT-23364

POLLOCK BRANDON

RCT-23370

SHELTON KEN

RCT-23382

LEATHERS DAVID

RCT-23383

BOEHLKE JON

RCT-23384

GARCIA VINCE

RCT-23385

DIXON WILLIAM L

RCT-23388

CRUZ SOTO ABEL

RCT-23389

CROOKHAM CHARLES

RCT-23390

SCHULTZ GAVIN

RCT-23391

HULETT CHRIS

RCT-23393

YOUNG MICHAEL W

 

CONA-19474

CONE-23320

CONE-23356

CONE-23369

 

The four applications referenced above were approved, with Ms. Anderson sending letters to applicants inquiring about their construction types.  These applications will not have to go back for further board approval once the information is complete.

 

DISCUSSION

 

Ms. Cory presented to the Board literature that had been received by EPA.  The Board reviewed the flyers, and asked the Bureau to forward the association contact information to the EPA and look at putting on the website.

 

The Board reviewed follow up letters for approved applications that Ms. Anderson presented to them for approval.  Minor changes were suggested, and letters approved for use.

 

Mr. Elliott presented his information in regards to CEU program offered out of Utah.  He explained that he just wanted the Board to be aware that if CEU became a requirement for Idaho contractors that this would be one source that the Bureau could pursue and offer to registrants.

 

Mr. Pinther then discussed the possibility of licensure for Idaho contractors.  It was agreed that the Board would discuss this matter in further detail after Mr. Pinther and Mr. Hetrick attend the National Contractors Conference in Arkansas, and obtain more information in regards to licensing contractors.

 

The Board inquired with Ms. Cory the number of current registrants.  Ms. Cory let the board know that she would obtain this information, and send to them for review via email.

 

Meeting was adjourned at 10:55 a.m.