IDAHO CONTRACTORS BOARD

Bureau of Occupational Licenses

700 West State Street, P.O. Box 83720

Boise, ID 83720-0063 

 

Board Meeting Minutes of 6/14/2011

 

 

BOARD MEMBERS PRESENT:  Anthony J. Hughes - Chair

                                                   Timothy R Timmins

                                                   John Robert Pilote

                                                   Steve Pinther

 

BOARD MEMBERS ABSENT:    Pamela Prather      

                                                  

BUREAU STAFF:                        Tana Cory, Bureau Chief

                                                   Dawn Hall, Administrative Support Manager

                                                   Lori Peel, Investigative Unit Manager

                                                   Kay Christensen, Administrative Attorney

                                                   Eric Nelson, Naylor and Hales

                                                   Erin Anderson, Secretary

                                                   Joan Callahan

 

OTHERS PRESENT:                   Moose Creek Construction LLC,  

                                                   Stephen Davis and Andrew Davis

                                                   Kevin Powers, Klassic Cabinets

                              

The meeting was called to order at 8:40 AM MDT by Anthony J. Hughes.

 

APPROVAL OF MINUTES

 

A motion was made by Mr. Timmins to approve the minutes of the 5/10/11 meeting.  Seconded by Mr. Pinther, motion carried.

 

A motion to amend the agenda was made by Mr. Pinther to add additional NASCLA correspondence for review to the agenda.  The reason that it was not included on the original agenda was because the correspondence had just been received that morning.  Seconded by Mr. Timmins, motion carried.

 

LEGISLATIVE REPORT

 

Ms. Hall gave the legislative update.  The Board has no pending law or rule changes at this time.  Deadlines for 2012 changes are in August.

FINANCIAL REPORT

 

Ms. Hall stated that the Board’s balance is currently $438,098.49.  The Expenditures are $432,199.65.  There are 14,929 current registrants.  The Chair discussed the FY 2012 and no significant changes are anticipated.

 

DISCIPLINE

 

Mr. Nelson presented the following disciplinary matters to the Board:

 

Memorandum:

 

CON-2010-93- A motion was made by Mr. Pilote to close the case.  Seconded by Mr. Pinther, motion carried.

 

CON-2010-5- The Board directed Mr. Nelson to proceed with a stipulation agreement.

 

CON-2009-60- A motion was made by Mr. Pinther to close the case.  Seconded by Mr. Timmins, motion carried.

 

CON-2009-59- The Board discussed the case and gave direction for discipline.

 

CON-2010-26- The Board discussed the case and gave direction for discipline.

 

CON-2009-45- The Board directed Mr. Nelson to proceed with a stipulation agreement.

 

CON-2010-47- A motion was made by Mr. Pinther to close.  Seconded by Mr. Timmins, motion carried.

 

Findings of Fact, Conclusions of Law and Final Order:

 

CON-2009-67- A motion was made by Mr. Pinther to accept the hearing officers Finding of Fact, Conclusions of Law and Final Order impose a $1000.00 fine, costs and fees and authorize Chair to sign.  Seconded by Mr. Pilote, motion carried.

 

Stipulation Order:

 

CON-2010-16- A motion was made by Mr. Timmins to approve the Stipulation Order and impose a $250.00 fine and costs and fees.  Seconded by Mr. Pinther, motion carried.

 

 

 

INVESTIGATIVE REPORT

 

Ms. Peel presented the current case count for the Board:

 

Fiscal Year 2011 (to date)

          Total Complaints received                                                    253

                     (Including 137 insurance files)

          Status:

                     Closed by Board action                                               77

                     Pending Legal Review                                                 29

                     Remaining under investigation                                     86

                     Awaiting Board determination                                      61

 

Fiscal Year 2010

          Total Complaints received                                                    310

                     (Including 125 insurance files)

          Status:

                     Closed by Board action                                              159

                     Closed following disciplinary action                              11

                     Pending Legal Review                                                 81

                     Pending IBOL disciplinary action                                    2

                     Remaining under investigation                                     44

                     Awaiting Board determination                                      13

 

Fiscal Year 2009

          Total Complaints received                                                    238

                     (Including 5 insurance files)

          Status:

                     Closed by Board action                                               91

                     Closed following disciplinary action                              50

                     Pending Legal Review                                                 79

                     Remaining under investigation                                     15

                     Awaiting Board determination                                        3

 

Fiscal Year 2008

          Total Complaints received                                                    394

                    (Including 109 insurance files)

          Status:

                     Closed by Board action                                              247

                     Closed following disciplinary action                             111

                     Pending Legal Review                                                 36

 

 

 

 

 

Fiscal Year 2007

          Total Complaints received                                                    634

                     (Including 422 insurance files)

          Status:

                     Closed by Board action                                              558

                     Closed following disciplinary action                              71

                     Pending Legal Review                                                   5

 

Fiscal Year 2006

          Total Complaints received                                                      56

          Status:

                     Closed by Board action                                               45

                     Closed following disciplinary action                              10

                     Pending Legal Review                                                   1

 

The following cases were presented to the Board for Board determination:

 

Insurance Cases:

 

I-CON-2011-23, I-CON-2011-108, I-CON-2011-115, I-CON-2011-119, I-CON-2011-144, I-CON-2011-145, I-CON-2011-146, I-CON-2011-164, I-CON-2011-172, I-CON-2011-185, I-CON-2011-202, I-CON-2011-203, I-CON-2011-204- A motion to close all noted cases was made by Mr. Pinther.  Seconded by Mr. Timmins, motion carried.

 

I-CON-2011-159, I-CON-2011-165, I-CON-2011-167, I-CON-2011-168, I-CON-2011-173, I-CON-2011-175, I-CON-2011-176, I-CON-2011-221, I-CON-2011-224, I-CON-2011-233, I-CON-2011-234- A motion to close all noted cases was made by Mr. Pinther.  Seconded by Mr. Timmins, motion carried.

 

I-CON-2011-71, I-CON-2011-114, I-CON-2011-125, I-CON-2011-139, I-CON-2011-157, I-CON-2011-158, I-CON-2011-166, I-CON-2011-171, I-CON-2011-184, I-CON-2011-195, I-CON-2011-201, I-CON-2011-209, I-CON-2011-223, I-CON-2011-225, I-CON-2011-227- A motion to close all noted cases was made by Mr. Pinther.  Seconded by Mr. Timmins, motion carried.

 

I-CON-2011-181- A motion to close this case was made by Mr. Pinther. Seconded by Mr. Timmins, motion carried.

 

I-CON-2011-183, I-CON-2011-191- A motion to close these cases was made by Mr. Pinther. Seconded by Mr. Timmins, motion carried.

 

I-CON-2011-186, I-CON-2011-206, I-CON-2011-207- A motion to close these cases was made by Mr. Pinther. Seconded by Mr. Timmins, motion carried.

 

I-CON-2011-187- A motion to close this case was made by Mr. Pinther. Seconded by Mr. Timmins, motion carried.

 

I-CON-2011-194- A motion to close this case was made by Mr. Pinther. Seconded by Mr. Timmins, motion carried.

 

I-CON-2011-197- A motion to close this case was made by Mr. Pinther. Seconded by Mr. Timmins, motion carried.

 

I-CON-2011-205- A motion to close this case was made by Mr. Pinther. Seconded by Mr. Timmins, motion carried.

 

Non-Insurance Cases:

 

I-CON-2009-129- A motion to close this case was made by Mr. Timmins. Seconded by Mr. Pinther, motion carried.

 

I-CON-2009-194- A motion to close this case was made by Mr. Timmins. Seconded by Mr. Pinther, motion carried.

 

I-CON-2009-212- A motion to close this case was made by Mr. Timmins. Seconded by Mr. Pinther, motion carried.

 

I-CON-2010-20- A motion to close this case was made by Mr. Timmins. Seconded by Mr. Pinther, motion carried.

 

I-CON-2010-27- A motion to close this case was made by Mr. Timmins. Seconded by Mr. Pinther, motion carried.

 

I-CON-2010-29- A motion to close this case was made by Mr. Timmins. Seconded by Mr. Pinther, motion carried.

 

I-CON-2010-37- A motion to close this case was made by Mr. Timmins. Seconded by Mr. Pinther, motion carried.

 

I-CON-2010-68- A motion to close this case was made by Mr. Timmins. Seconded by Mr. Pinther, motion carried.

 

I-CON-2010-91- A motion to close this case was made by Mr. Timmins. Seconded by Mr. Pinther, motion carried.

 

I-CON-2010-105- A motion to close this case was made by Mr. Timmins. Seconded by Mr. Pinther, motion carried.

 

I-CON-2010-115- A motion to close this case was made by Mr. Timmins. Seconded by Mr. Pinther, motion carried.

I-CON-2010-119- A motion to close this case was made by Mr. Timmins. Seconded by Mr. Pinther, motion carried.

 

I-CON-2010-146, I-CON-2010-149- A motion to close this case was made by Mr. Timmins. Seconded by Mr. Pinther, motion carried.

 

I-CON-2010-168- A motion to close this case was made by Mr. Timmins. Seconded by Mr. Pinther, motion carried.

 

I-CON-2010-191- A motion to close this case was made by Mr. Timmins. Seconded by Mr. Pinther, motion carried.

 

I-CON-2011-33- A motion to close this case was made by Mr. Timmins. Seconded by Mr. Pinther, motion carried.

 

I-CON-2011-83- A motion to close this case was made by Mr. Timmins. Seconded by Mr. Pinther, motion carried.

 

I-CON-2011-93- A motion to close this case was made by Mr. Timmins. Seconded by Mr. Pinther, motion carried.

 

I-CON-2011-132- A motion to close this case was made by Mr. Timmins. Seconded by Mr. Pinther, motion carried.

 

I-CON-2011-133- A motion to close this case was made by Mr. Timmins. Seconded by Mr. Pinther, motion carried.

 

I-CON-2011-134- A motion to close this case was made by Mr. Timmins. Seconded by Mr. Pinther, motion carried.

 

I-CON-2011-147- A motion to close this case was made by Mr. Timmins. Seconded by Mr. Pinther, motion carried.

 

I-CON-2011-155- A motion to close this case was made by Mr. Timmins. Seconded by Mr. Pinther, motion carried.

 

I-CON-2011-170- A motion to close this case was made by Mr. Timmins. Seconded by Mr. Pinther, motion carried.

 

I-CON-2011-213- A motion to close this case was made by Mr. Timmins. Seconded by Mr. Pinther, motion carried.

 

I-CON-2011-218- A motion to close this case was made by Mr. Timmins. Seconded by Mr. Pinther, motion carried.

 

 

I-CON-2011-232- A motion to close this case was made by Mr. Timmins. Seconded by Mr. Pinther, motion carried.

 

Findings of Fact, Conclusions of Law and Final Order:

 

A motion was made by Mr. Timmins to accept the hearing officer’s Finding of Fact, Conclusions of Law and Final Order and authorize the Chair to sign.  Seconded by Mr. Pilote, motion carried.

 

Ms. Peel discussed with the Board correspondence received from Mr. Chuck Miller.  Mr. Miller suggested to the Board ways that they could better inform the public of the registration act and the requirements.  Ms. Christensen offered to review the “Contractor Disclosure Requirement” page on the Board’s website.  A motion was made by Mr. Pilote to add an insert to renewals regarding the requirement to display the registration number and the requirement to be registered.  Motion seconded by Mr. Pinther, motion carried.  It was also noted that the Chair should review the final draft.

 

EXECUTIVE SESSION

 

A motion was made by Mr. Pilote 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 registration application materials.  The motion was seconded by Mr. Pinther, motion carried.  Individual votes for this motion were: Mr. Hughes, aye; Mr. Pinther, aye; Mr. Pilote, aye; and Mr. Timmins, aye.

 

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

 

APPLICATIONS

    

A motion was made to approve the following applications by Mr. Pilote.  Seconded by Mr. Timmins, motion carried:

 

RCT-31878   Robert Griffin

RCT-31915   Caleb Rowe

RCT-31993   Rhett Bowling

RCT-31652   Kevin Powers

RCE-29981   VHS Construction Inc

 

 

 

 

A motion was made to approve the following application and allow the applicant to use the old registration number RCE-9461 by Mr. Pilote.  Seconded by Mr. Timmins, motion carried:

 

Haz Tech Drilling Inc.

 

A motion was made by Mr. Pilote to approve issuance of a registration number to # 901116800 pending receipt of liability insurance.  Seconded by Mr. Timmins, motion carried.

 

A motion was made by Mr. Timmins to deny registration to Marvin Sheley DBA M & S Repairs and Remodels.  Seconded by Mr. Pilote, motion carried.

 

NASCLA

 

The Board discussed responses to the following NASCLA correspondence:

 

NASCLA Newsletter

NASCLA Innovation in Regulation

NASCLA Community Service Contracting Award

NASCLA Legal/Financial Investigation Data Reports

 

The Board noted that items like this were voluntary and discretion was left to the Bureau to determine if budget allowed a response.

 

Ms. Anderson inquired if the Board had any additional information to provide to NASCLA for their inquiry of states that issue field citations or tickets for violations.  The Board had no additional information.

 

A motion was made by Mr. Pilote to authorize up to two Board members and one member of staff to attend the NASCLA Annual Conference.  Seconded by Mr. Pinther, motion carried.

 

The Board had no additional comment on NASCLA’s inquiry to record annual conference sessions.

 

A motion was made by Mr. Pilote to accept the Report of the States update and submit it to NASCLA.  Seconded by Mr. Timmins, motion carried.

 

A motion was made by Mr. Timmins to approve payment of the annual membership fee to NASCLA.  Seconded by Mr. Pilote, motion carried.

 

The Board directed Ms. Anderson to send public relations materials to NASCLA for the public relations booth that will be at the annual conference.

 

 

Mr. Pinther gave his update from the NASCLA semi-annual meeting held in March.   He noted that NASCLA was working on the following items:

 

Creating a Model Law

Updating NASCLA’s disciplinary site

Creating an “Emergency Tool Box” for preparedness during a national/local disaster

Public Relations

Created a “Best Practices” committee

 

NCIA CONFERENCE

 

NCIA, the National Construction Investigators Association, has announced that it will host a conference prior to the NASCLA Annual Conference so that attendees may attend both conferences if they choose.  A motion was made by Mr. Pinther to send a staff member from the Bureau.  The motion died for lack of a second.

 

OTHER

 

A motion was made to add the Idaho State Tax Commissions link to the Boards’ “General Information of Interest” link on the website by Mr. Pilote.  Seconded by Mr. Timmins, motion carried.

 

Ms. Anderson asked if the Board would consider adding two additional construction type codes to the available list.  The Board agreed to add tree service to the option #400, Landscaping/Sprinklers/Irrigation.  It was noted that carpet cleaners should go under #315, Cleaning Services.

 

Ms. Anderson provided the results from the 2011 insurance audit.  Of the 189 audited, 7 were cancelled and there were 19 submitted to investigations.  Ms. Anderson did note that she was working with two that were sent to investigations so the original number of 19 may change to 17 submitted to investigations.  The Board asked that Ms. Anderson make a breakdown of what types of cases were sent to investigations.  The Board also authorized Ms. Anderson to send letters of compliance to those who did comply with the insurance audit.

 

The following are the dates of the Board’s future meetings:

 

7/12/2011      10:00 AM      Conference Call

8/9/2011       10:00 AM      Conference Call

9/28/2011      8:30 AM       Face to Face meeting

10/11/2011    10:00 AM      Conference Call

11/08/2011    10:00 AM      Conference Call

 

The Chair asked that voting for a new chairman be placed on the 7/12/11 agenda.

NEXT MEETING 7/11/2011

 

ADJOURNMENT

 

A motion to adjourn at 1:30 PM MDT was made by Mr. Pilote.  Seconded by Mr. Timmins, motion carried.  Individual votes for this motion were Mr. Hughes, aye; Mr. Pinther, aye; Mr. Pilote, aye; and Mr. Timmins, aye.

 

 

 

 

_________________________________                                                                        _________________________________

Anthony J. Hughes, Chair                              Timothy R Timmins

_________________________________                                                                        _________________________________

John Robert Pilote                                          Steve Pinther

_________________________________     

Tana Cory, Bureau Chief