IDAHO CONTRACTORS BOARD

Bureau of Occupational Licenses

1109 Main Street, Suite 220

Boise, ID 83702-5642 

 

Board Meeting Minutes of 7/28/2009

 

 

BOARD MEMBERS PRESENT:   Art Elliott - Chair

                                                   Anthony J. Hughes

                                                   Steve R. Pinther

                                                   Jerry Nemec

                                                   Pamela Prather

         

BUREAU STAFF:                        Tana Cory, Bureau Chief

                                                  Dawn Hall, Administrative Support Manager

                                                  Lori Peel, Investigative Unit Supervisor

                                                  Karl Klein, Administrative Attorney

                                                  Dave Hotchkiss, Complaint Coordinator

                                                  Marcie McGinty, Appeals Hearing Coordinator

                                                  Cherie Simpson, Management Assistant

                                                  Erin Anderson, Secretary

 

OTHERS PRESENT:                   Benjamin Davenport

                             

Meeting was called to order at 8:30 AM MDT by Art Elliott.

 

APPROVAL OF MINUTES

 

A motion was made by Mr. Nemec to approve the minutes of 7/13/2009.  Seconded by Mr. Hughes, motion carried.

 

DISCIPLINE

 

Ms. Magnelli presented the following Stipulation and Consent Order to the Board for approval:

 

CON-2007-70 A motion was made to approve and authorize the Chair to sign by Mr. Hughes.  Motion seconded by Mr. Nemec, motion carried.

 

LEGISLATIVE REPORT

 

Ms. Cory informed the Board of the deadline for any possible law/rules changes for the legislative session.  She introduced Ms. Peel as the Investigative Unit Manager, who will be taking over some of Mr. Hetrick’s duties due to his retirement.  She also introduced Mr. Klein as the new Administrative Attorney.

 

FINANCIAL REPORT

 

Ms. Hall discussed the financial report with the Board.  There was a loss at the end of the fiscal year which Ms. Hall explained could be due to the Boards rise in investigative costs and the prepayment of the Administrative Attorney’s costs. 

 

INVESTIGATIVE REPORT

 

Mr. Hotchkiss presented the following information for Board determination:

 

I-CON-2006-7 C alleges that R was hired to replace the roof and perform various repairs to C's house. C paid in advance and never received a completed project. A second roofer was hired to complete the job. C has made several attempts to obtain a refund but R refuses to return any phone calls. INV revealed that R is not registered. Sent to DAG; DAG review revealed the project took place in July 2005, before the Contractors Registration Act, therefore the Board does not have jurisdiction. IBOL recommends the Board authorize closure.  A motion to close this complaint was made by Mr. Nemec.  Seconded by Mr. Pinther, motion carried.

 

I-CON-2007-222/301/336/344/393 C alleges that R failed to provide proof of liability insurance after IBOL received cancellation notices from insurance companies. Certified letters sent; no response. R registration subsequently expired. IBOL recommends the Board authorize closure.  A motion to close this complaint was made by Mr. Nemec.  Seconded by Mr. Pinther, motion carried.

 

I-CON-2007-296 C alleges R failed to provide C with an accurate accounting of materials used in a construction project. INV revealed that C could not provide additional information or witnesses to support the allegations. INV also revealed that Rand C disagreed about materials to be used, and R later asked the county to remove R's name from the project due to materials being used that would not meet code. INV also revealed that R has discontinued the construction business due to suffering a disabling accident. IBOL records confirm that the registration has expired. INV did not reveal evidence to support the allegations or a violation.  IBOL recommends the Board authorize closure.  A motion to close this complaint was made by Mr. Nemec.  Seconded by Mr. Pinther, motion carried.

 

I-CON-2007-306 C alleges that R failed to provide proof of liability insurance after IBOL received a cancellation notice from the insurance company. Certified letter sent requesting response: no response. Sent to DAG. R surrendered the registration card and stated that he is no longer in business. Research found R worked about a month after his insurance lapsed. R states that he is now an employee of another CON. Sent to INV to determine activity and whether R is an employee or a subcontractor. INV revealed R is an employee of another contractor and verified that R filed a W-2 form for 2008. IBOL recommends the Board authorize closure.  A motion to close this complaint was made by Mr. Nemec.  Seconded by Mr. Pinther, motion carried.

 

I-CON-2007-349 C alleges that R failed to provide proof of liability insurance after IBOL received cancellation notice from insurance company. No response to initial IBOL request. Certified letter sent requesting response. R subsequently submitted insurance verification. IBOL recommends the Board authorize closure.  A motion to close this complaint was made by Mr. Nemec.  Seconded by Mr. Pinther, motion carried.

 

I-CON-2007-448 C alleges that R failed to provide proof of liability insurance after receiving cancellation notice from insurance company. No response to initial IBOL request. Documentation received shows R was without insurance for 3 months. IBOL recommends the Board authorize closure with an advisory letter regarding the requirement to maintain continuous liability insurance.  A motion to close this complaint was made by Mr. Nemec.  Seconded by Mr. Hughes, motion carried.

 

I-CON-2007-468 C alleged R's incompetency led to numerous defects during the course of construction. When brought to the attention of R, some repairs were made but other obvious errors were denied to have been caused by R. INV revealed R completed some of the repairs but not all. R states C is not entitled to any further repairs or reimbursement because C did not complete a final walk-through and the contract states if a walk-through is not completed C releases R of any liability. Sent to DAG for legal review. DAG review revealed that most, if not all, work completed in 2005. INV was unable to determine what work was completed by the R and what work was completed by R's now-deceased partner. IBOL recommends the Board authorize closure.  A motion to close this complaint was made by Mr. Nemec.  Seconded by Ms. Prather, motion carried.

 

I-CON-2007-482 C alleged that due to R's work the county inspector stopped all construction based on general items that would not pass inspection. Investigation revealed that there were multiple persons who had worked on the project, including C. All work was done prior to the county's inspection. There was no evidence to substantiate the allegations. IBOL recommends the Board authorize closure.  A motion to close this complaint was made by Mr. Nemec.  Seconded by Ms. Prather, motion carried.

 

I-CON-2007-525 C alleges that R agreed to do a remodel job on C's home and the work was substandard affecting the resale value of the home. INV revealed there was a problem with the stucco and C obtained a judgment against R in court. Sent to the DAG for legal review; DAG review revealed R hired a subcontractor to complete the stucco work. It was determined R did everything he could to resolve the issue with the subcontractor but C would not let the subcontractor back to fix or complete the job. The damage to the wall by the cabinet subcontractor was not the fault of R as C was the one who hire the cabinet subcontractor. INV did not reveal evidence to support the allegations against R, and IBOL recommends the Board authorize closure.  A motion to close this complaint was made by Mr. Nemec.  Seconded by Ms. Prather, motion carried.

 

I-CON-2008-36 Unregistered contractor. Sent cert letter requesting response; no response. Sent to INV to determine activity. INV revealed R does not work as a contractor but only works on his own property. INV did not reveal evidence to support the allegation or a violation. IBOL recommends the Board authorize closure.  A motion to close this complaint was made by Mr. Nemec.  Seconded by Ms. Prather, motion carried.

 

I-CON-2008-102 C alleges a plumber failed to properly install toilet during original construction. The complaint against the plumber has been forwarded to Building Safety. Unknown if C made contact with R regarding the issue or not. INV revealed the plumber had a one-year warranty and the period expired by the time the leak was found. INV did not revealed gross negligence or reckless conduct and there was no evidence of deceit or fraud on the part of R or the plumber.  IBOL recommends the Board authorize closure.  A motion to close this complaint was made by Mr. Nemec.  Seconded by Ms. Prather, motion carried.

 

I-CON-2008-134/241 C alleges that R failed to provide proof of liability insurance after IBOL received cancellation notice from insurance company. Sent cert letter requesting response; no response. Registration subsequently expired. IBOL recommends the Board authorize closure.  A motion to close this complaint was made by Mr. Nemec.  Seconded by Ms. Prather, motion carried.

 

I-CON-2008-210 C alleges that R failed to provide proof of liability insurance after IBOL received cancellation notice from insurance company. Sent certified letter requesting response. Record shows R's registration is expired. R sent a letter with his registration card and certificate stating he is no longer in business and he let the insurance lapse. IBOL recommends the Board authorize closure.  A motion to close this complaint was made by Mr. Nemec.  Seconded by Ms. Prather, motion carried.

 

I-CON-2008-222 C alleges that R's license is expired while R is operating as a contractor and R does not have the contractor license number posted on advertisement signs or trucks. INV revealed the allegations are substantiated. Sent to the DAG; DAG review revealed R was registered with DBS as a public works contractor. There is no evidence to reveal whether the work involved was public works or non-public works projects. DAG recommends that the Board authorize closure.  A motion to close this complaint was made by Mr. Nemec.  Seconded by Mr. Hughes, motion carried.

 

I-CON-2008-241 C alleges that R failed to provide proof of liability insurance after IBOL received cancellation notice from insurance company. Sent certified letter requesting response. R registration subsequently expired. IBOL recommends the Board authorize closure.  A motion to close this complaint was made by Mr. Nemec.  Seconded by Mr. Hughes, motion carried.

 

I-CON-2008-255 C alleges that R is operating without the benefit of registration. Certified response letter sent; no response. Sent to INV to determine activity. INV revealed R works for a contractor as an employee and also works independently.  R states that he only works for less than $2,000 limit. There are no former or current clients that could be found to confirm R's statement. INV revealed no evidence to support the allegation or a violation. IBOL recommends the Board authorize closure.  A motion to close this complaint was made by Mr. Nemec.  Seconded by Mr. Hughes, motion carried.

 

I-CON-2008-310 C alleges that R is not registered and does not have worker's compensation or liability insurance. Cert letter was sent requesting a response. Response with application was received and registration was issued. Based on compliance, IBOL recommended the Board authorize closure. The Board requested further information. R stated in his response he did not know that he had to register.  Once notified R immediately responded and submitted registration. Sent to DAG for review; DAG review found no evidence of unregistered practice. R subsequently registered with Board. IBOL recommends the Board authorize closure.  A motion to close this complaint was made by Mr. Nemec.  Seconded by Mr. Hughes, motion carried.

 

I-CON-2008-373 C alleged that R was operating without the benefit of Idaho registration. INV revealed the allegation was substantiated. Sent to the DAG; DAG review revealed R surrendered his ID driver's license in another state but was otherwise unable to locate R. IBOL recommends the Board authorize closure.  A motion to close this complaint was made by Mr. Nemec.  Seconded by Mr. Hughes, motion carried.

 

I-CON-2009-105 C alleges R was hired to install a sprinkler system for the C's backyard. C states R did not install the system correctly and it does not have adequate water pressure. INV revealed R did install the sprinkler system and there is plenty of water pressure. INV did not reveal any evidence to support the allegations or a violation. IBOL recommends the Board authorize closure.  A motion to close this complaint was made by Mr. Nemec.  Seconded by Mr. Hughes, motion carried.

 

I-CON-2009-186 C alleges R was contracted to pour C's sidewalk, driveway, and garage floor. C states R did not prepare the ground before the pour and the sidewalk lifted nearly 2 inches above the driveway. C subsequently submitted a written request to withdraw the complaint. IBOL recommends the Board authorize closure.  A motion to close this complaint was made by Mr. Nemec.  Seconded by Mr. Hughes, motion carried.

 

I-CON-2009-199 C alleges R was hired to install a fence. C states R hired a subcontractor to do the job, the subcontractor did not provide a receipt, and the fence blew down. C states the fence was not properly anchored into the ground. C subsequently withdrew the complaint. IBOL recommends the Board authorize closure.  A motion to close this complaint was made by Mr. Nemec.  Seconded by Mr. Hughes, motion carried.

 

I-CON-2009-207 C alleges R is practicing CON without being registered. Cert demand letter was sent. R responded and stated that it was not his intent to forgo requirements to perform work in the State of Idaho; he simply did not fully understand the requirements. R also submitted an application with all required documents.  IBOL recommends the Board authorize closure due to compliance.  A motion to close this complaint was made by Mr. Nemec.  Seconded by Mr. Hughes, motion carried.

 

DISCIPLINE

 

Mr. Klein presented the following Findings of Fact, Conclusions of Law and Final Order to the Board for review:

 

CON-2007-58:  Moved by Mr. Nemec that the Board adopt the Hearing Officer’s Findings of Fact and Conclusions of Law and authorize chair to sign and that the Respondent’s registration, including any renewal rights, be revoked, $1000.00 fine and all costs.  Seconded by Ms. Prather, motion carried.

 

CON-2007-115:  Moved by Mr. Hughes that the Board adopt the Hearing Officer’s Findings of Fact and Conclusions of Law and authorize chair to sign and that the Respondent’s registration, including any renewal rights, be revoked, $1000.00 fine and all costs.  Seconded by Ms. Prather, motion carried.

 

CON-2008-29:  Moved by Ms. Prather that the Board adopt the Hearing Officer’s Findings of Fact and Conclusions of Law and authorize chair to sign and that the Respondent pay a $50.00 fine and all costs.  Seconded by Mr. Nemec, motion carried.

 

CON-2008-120:  Moved by Ms. Prather that the Board adopt the Hearing Officer’s Findings of Fact and Conclusions of Law and authorize chair to sign and that the Respondent’s registration, including any renewal rights, be revoked, $1000.00 fine and all costs.  Seconded by Mr. Hughes, motion carried.

 

 

CON-2008-124:  Moved by Ms. Prather that the Board adopt the Hearing Officer’s Findings of Fact and Conclusions of Law and authorize chair to sign and that the Respondent’s registration, including any renewal rights, be revoked, $1000.00 fine and all costs.  Seconded by Mr. Nemec, motion carried.

 

 

CON-2008-127:  Moved by Ms. Prather that the Board adopt the Hearing Officer’s Findings of Fact and Conclusions of Law and authorize chair to sign and that the Respondent’s registration, including any renewal rights, be revoked, $1000.00 fine and all costs.  Seconded by Mr. Nemec, motion carried.

 

CON-2008-138:  Moved by Mr. Elliott that the Board adopt the Hearing Officer’s Findings of Fact and Conclusions of Law and authorize chair to sign and that the Respondent’s registration, including any renewal rights, be revoked, $250.00 fine and all costs.  Seconded by Mr. Nemec, motion carried.

 

 

CON-2008-139:  Moved by Mr. Nemec that the Board adopt the Hearing Officer’s Findings of Fact and Conclusions of Law and authorize chair to sign and that the Respondent’s registration, including any renewal rights, be revoked, $1000.00 fine and all costs.  Seconded by Mr. Hughes, motion carried.

 

 

EXECUTIVE SESSION

 

Motion was made by Mr. Nemec to enter into executive session to discuss applications and matters not subject to public disclosure, per Idaho Code 67-2345 (1) (d).  Motion was seconded by Mr. Hughes, motion carried.  Individual votes for this motion were: Mr. Pinther, aye; Mr. Hughes, aye; Mr. Elliott, aye; and Mr. Nemec, aye.

 

Motion was made by Mr. Nemec to go out of executive session.  Motion was seconded by Mr. Pinther, motion carried.  Individual votes for this motion were: Mr. Pinther, aye; Mr. Hughes, aye; Mr. Elliott, aye; and Mr. Nemec, aye.

 

APPLICATIONS

 

A motion was made by Mr. Nemec to approve the below listed applications.  Seconded by Mr. Hughes, motion carried.

 

The issued registration numbers are as follows:

 

Reg. #

Individual/Business Name

RCE-16946

BASQUE LANDSCAPER INC

RCE-26906

EASTERN IDAHO MOLD SOLUTIONS LLC

RCE-27476

HANSON STRUCTURAL PRECAST INC

RCE-27521

FIVE STAR TILE AND STONE LLC

RCE-28268

HARRINGTON CONSTRUCTION INC

RCE-28293

LEEDO MANUFACTURING CO LP

RCE-28314

FIVE STAR QUALITY CONSTRUCTION LLC

RCE-28339

RED DOOR HOMES OF SNAKE RIVER VALLEY LLC

RCE-28344

PACIFIC COAST CONT. SPECIALTIES INC

RCE-28366

VULTURE ENTERPRISES INC

RCE-28373

FIVE TO ONE CONSTRUCTION LLC

RCE-28392

CURB APPEAL LANDSCAPE & CURBING LLC

RCE-28402

JH KELLY LLC

RCE-28408

CHRISTENSON ELECTRIC INC

RCE-28441

SCHWAGER DAVIS INC

RCE-28448

WEST RIM LLC

RCE-28449

RAINBOW SIGN AND DESIGN INC

RCE-28453

DIXIE CONSTRUCTION COMPANY INC

RCE-28463

WARWICK CONSTRUCTION INC

RCE-28475

MAUGHAN CONSTRUCTION INC

RCE-28476

NORJAC LLC

RCE-28478

STREAMLINED HOMES LLC

RCE-28480

CARDI QUICK HEALTH RESOURCES LLC

RCE-28482

FREEDOM MAIDS

RCE-28485

MICHAEL A SPRADLIN ENTERPRISES INC

RCE-28486

BNC CONSTRUCTION LLC

RCE-28487

INDUSTRIAL FLOOR COVERING SOURCE LLC

RCE-28492

L & B PROPERTIES INC

RCE-28494

NORTHWEST TRENDS OF SPOKANE INC

RCE-28496

PALLADEO

RCE-28565

LEE & SON PAINTING INC

RCT-28007

VERDERBER CLIFF

RCT-28019

KITTELSON ERIC HUNTER

RCT-28234

GOVAN HERMAN

RCT-28247

HARLAN MARK

RCT-28334

KNOKE VANCE F

RCT-28391

WILLIAMS LUCAS A

RCE-28497

PECK STRIPING INC

RCE-28498

ARCHSTONE INC

RCE-28502

STONE PRO RESTORATION & REPAIR LLC

RCE-28503

HIGH DESERT LANDSCAPE MAINTENANCE LLC

RCE-28504

ABAYLA CONTRACTING SERVICES INC

RCE-28505

EMPIRE CONSTRUCTION & DEVELOPMENT LLC

RCE-28507

HAAS CONSTRUCTION MANAGEMENT INC

RCE-28508

MD CONSTRUCTION LLC

RCE-28509

A + PLUMBING LLC

RCE-28510

ASBURY CONSTRUCTION LLC

RCE-28518

EVOLUTION HEATING AND COOLING LLC

RCE-28522

PINETREE CONSTRUCTION LLC

RCE-28524

RW BIANCO CONSTRUCTION INC

RCE-28525

BERG EQUIPMENT AND SCAFFOLDING CO INC

RCE-28529

CALIENTE CONSTRUCTION INC

RCE-28530

CLEAR CREEK SYSTEMS INC

RCE-28539

THE CONSTRUCTION GUY

RCE-28541

SOUND & ELECTRICAL INC

RCE-28545

FLUOR INDUSTRIAL SERVICES INC

RCE-28546

P & M EXCAVATION II INC

RCE-28547

BLACKLINE INC

RCE-28551

DOWNS ELECTRICAL CONSTRUCTORS INC

RCE-28552

PRECISION MILL & FIXTURE INC

RCE-28553

BEST IN FAUX LLC

RCE-28556

NS INVESTMENTS LLC

RCT-28407

WEBB BARRY

RCT-28411

EDWARDS MATTHEW P

RCT-28415

HANSEN CARL D

RCT-28426

RIOS FRANCISCO

RCT-28428

COWDEN ROBERT

RCT-28437

MILLAR SHON

RCT-28439

BIERCE RYAN

RCT-28446

BEAVERS DUSTIN S

RCT-28466

GREEN JOSHUA

RCT-28479

BAUGH WILLIAM D

RCT-28481

LEAVITT CHARLES S

RCT-28483

ROBERTS ALLEN

RCT-28489

SWANSON STEVE

RCT-28490

BANGS PAUL

RCT-28491

ROBERTS JERRY

RCT-28499

THOMAS TRAVIS N

RCT-28500

RICHARDS CARL

RCT-28512

PROUGH LUKE

RCT-28514

CHRISTIE ROBERT D

RCT-28519

DIXON JOHN

RCT-28523

SULLIVAN RYAN M

RCT-28528

GUERRERO RICARDO

RCT-28535

REEL CHRISTOPHER S

RCT-28537

LAWRENCE MELVIN R

RCT-28540

JONES MARTIN A

RCT-28542

GLENN CHAD

RCT-28543

ROPER JEFF B

 

 

DISCUSSION

 

The Board discussed possible Law/Rule changes.  The possible changes were noted and will be written for submittal in the 2010 Legislative session.  Law 54-5210 (d), (e) and (g) may be reviewed.  Permission to add a rule may also be requested.

 

Per Rule 100 (2), at the beginning of each fiscal year a new chairman must be voted in.  A motion to vote for Mr. Elliott to remain as chairman was made by Mr. Hughes.  Seconded by Ms. Prather, motion carried.

 

A motion was made by Mr. Nemec to authorize payment of the Board’s annual membership dues to NASCLA.  Seconded by Mr. Hughes, motion carried.

 

A motion was made to authorize the Bureau to order NASCLA’s “Residential Construction Standards” book for the investigation staff, pro-reviewers, and for members of the Board by Ms. Prather.  Seconded by Mr. Hughes, motion carried.

 

The Board discussed changes with Ms. Cory and Ms. Hall for the State of the State report that will be submitted to NASCLA.  A motion was made to make these changes and submit the report to NASCLA by Mr. Nemec.  Seconded by Mr. Hughes, motion carried.

 

The following future meeting dates were set by the Board:

 

9/8/2009       10:00 AM MDT

9/22/2009     10:00 AM MDT

10/13/2009   8:30 AM MDT

11/10/2009   10:00 AM MDT

12/15/2009   10:00 AM MDT

 

NEXT MEETING 8/11/2009

 

ADJOURNMENT

 

Motion to adjourn was made by Mr. Nemec, seconded by Ms. Prather.  Individual votes for this motion were: Mr. Pinther, aye; Mr. Hughes, aye; Mr. Elliott, aye; and Mr. Nemec, aye.

 

Meeting was adjourned at 10:45 am.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

_________________________________      _________________________________

Art Elliott, Chair                                             Anthony J. Hughes

_________________________________      _________________________________

Steve R. Pinther                                              Jerry Nemec

_________________________________      _________________________________

Pamela Prather                                                Tana Cory, Bureau Chief