IDAHO CONTRACTORS BOARD

Bureau of Occupational Licenses

700 West State Street, P.O. Box 83720

Boise, ID 83720-0063 

 

Board Meeting Minutes of 9/28/2011

 

BOARD MEMBERS PRESENT:  Steve Pinther - Chair

                                                    Anthony J. Hughes

                                                    Timothy R Timmins

                                                    John Robert Pilote

                                                    

BOARD MEMBERS ABSENT:    Pamela Prather

                                                  

BUREAU STAFF:                        Tana Cory, Bureau Chief

                                                   Dawn Hall, Administrative Support Manager

                                                   Lori Peel, Investigative Unit Manager

                                                   Maurie Ellsworth, Legal Counsel

                                                   Emily Mac Master, Deputy Attorney General

                                                   Eric Nelson, Board Prosecutor

                                                   Erin Anderson, Secretary

                                                  

OTHERS PRESENT:                   Jake Naylor, Board Prosecutor

                              

The meeting was called to order at 8:30 AM MDT by Steve Pinther.

 

APPROVAL OF MINUTES

 

A motion was made by Mr. Hughes to approve the minutes of the 08/09/2011 meeting.  Seconded by Mr. Timmins, motion carried.

 

LEGISLATIVE REPORT

 

Ms. Cory gave the legislative report noting that the Board had no pending law or rule changes.  Discussion was held over the possibility of an application fee rate increase.  With the expectation of a new licensing system and falling numbers in new applications and renewals this may be an option the Board would have to consider in the future.  August of 2012 would be the deadline for any requested changes for 2013.

 

Ms. Cory also introduced Mr. Ellsworth to the Board as their new legal counsel.

 

 

FINANCIAL REPORT

 

Ms. Hall stated that the Board’s balance is currently $378,212.62.  The expenditures are $85,607.22.  There are 14,907 current registrants.  The Chair discussed the FY 2012 budget and no significant changes are anticipated.

 

DISCIPLINE

 

Ms. Mac Master presented CON-2007-3 to the Board.  A motion to accept the Stipulation and Consent Order and authorize the Chair to sign was made by Mr. Hughes.  Seconded by Mr. Timmins, motion carried.

 

Mr. Nelson presented his memorandum to the Board.  Direction was given to Mr. Nelson by the Board with motions on the following cases:

 

CON-2010-53 A motion to close was made by Mr. Hughes.  Seconded by Mr. Timmins, motion carried.

 

CON-2009-35 A motion to close was made by Mr. Hughes.  Seconded by Mr. Timmins, motion carried.

 

Mr. Nelson presented the following cases to the Board: 

 

CON-2009-59.  A motion was made by Mr. Hughes to accept the Findings of Fact, Conclusion of Law and Final Order and authorize the Chair to sign.  Seconded by Mr. Timmins, motion carried.

 

CON-2009-45 A motion was made to accept the Stipulation and Consent Order and authorize the Chair to sign by Mr. Hughes.  Seconded by Mr. Pilote, motion carried.

 

CON-2010-5 A motion was made to accept the Stipulation and Consent Order and authorize the Chair to sign by Mr. Hughes.  Seconded by Mr. Timmins, motion carried.

 

CON-2010-26 A motion was made to accept the Stipulation and Consent Order and authorize the Chair to sign by Mr. Hughes.  Seconded by Mr. Timmins, motion carried.  Mr. Timmins clarified that the suspension imposed on the Respondent was 45 days.

 

 

 

 

 

 

 

INVESTIGATIVE REPORT

 

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

 

Fiscal Year 2012 (to date)

          Total Complaints received                                                                    39

                     (Including 21 insurance files.)

          Status:                                                                                     

                     Closed by Board action                                                 4

                     Pending Legal Review                                                   1

                     Remaining under investigation                                     22

                     Awaiting Board determination                                      12

 

Fiscal Year 2011

          Total Complaints received                                                                   269

                     (Including 145 insurance files.)

          Status:

                     Closed by Board action                                              145

                     Closed following disciplinary action                                1

                     Pending Legal Review                                                 42

                     Remaining under investigation                                     62

                     Awaiting Board determination                                      19

 

Fiscal Year 2010

          Total Complaints received                                                                   310

                     (Including 125 insurance files.)

          Status:

                     Closed by Board action                                              173

                     Closed following disciplinary action                              34

                     Pending Legal Review                                                 70

                     Pending IBOL disciplinary action                                    1

                     Remaining under investigation                                     22

                     Awaiting Board determination                                      10

 

Fiscal Year 2009

          Total Complaints received                                                                   238

                     (Including 5 insurance files.)

          Status:

                     Closed by Board action                                               96

                     Closed following disciplinary action                              53

                     Pending Legal Review                                                 75

                     Remaining under investigation                                     13

                     Awaiting Board determination                                        1

 

 

 

Fiscal Year 2008

          Total Complaints received                                                                   394

                     (Including 109 insurance files.)

          Status:

                     Closed by Board action                                              247

                     Closed following disciplinary action                             114

                     Pending Legal Review                                                 33

 

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-2011-174, I-CON-2011-238, I-CON-2011-240, I-CON-2011-243, I-CON-2011-244, I-CON-2011-256, I-CON-2012-8, I-CON-2012-24, I-CON-2011-188, I-CON-2011-200, I-CON-2011-242, I-CON-2011-246, I-CON-2011-247, I-CON-2011-258, I-CON-2011-263, I-CON-2012-2, I-CON-2012-3, I-CON-2012-7, I-CON-2012-13, I-CON-2012-25, I-CON-2012-27, I-CON-2012-29, I-CON-2012-32, I-CON-2011-211, I-CON-2011-248, I-CON-2011-259, I-CON-2012-4 and I-CON-2012-33 A motion to close these cases was made by Mr. Hughes.  Seconded by Mr. Timmins, motion carried.

 

Non-Insurance Cases:

 

I-CON-2009-163, I-CON-2010-45, I-CON-2010-96, I-CON-2010-97, I-CON-2010-117, I-CON-2010-180, I-CON-2010-201, I-CON-2010-287, I-CON-2010-288, I-CON-2010-291, I-CON-2010-307, I-CON-2011-3, I-CON-2011-9 and I-CON-2011-236  A motion to close these cases was made by Mr. Hughes.  Seconded by Mr. Pilote, motion carried.

 

Ms. Peel presented the following Findings of Fact, Conclusions of Law and Final Order to the Board:

CON-2012-21 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. Hughes, motion carried.

 

Ms. Peel presented the draft of disclosure requirements for contracts for the Board’s web page.  In this discussion it was also determined that this draft will be placed on the construction type codes list in the application to assist applicants that apply as sub-contractors.  A motion to accept the disclosure requirement changes and add to website and construction type code list was made by Mr. Pilote.  Seconded by Mr. Hughes, 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 it the authority to accept a settlement on any past due balances.  A motion was made by Mr. Hughes to allow the collection agency to settle an account at no less than 70% and that any amount less than that would require direct Board review.  Seconded by Mr. Timmins, motion carried.

 

EXECUTIVE SESSION

 

A motion was made by Mr. Hughes 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. Pilote, 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 Mr. Hughes 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 by Mr. Pilote to approve issuance of the following registrations.  Seconded by Mr. Hughes, motion carried:

 

RCT-32260   Paul Walton

RCT-32271   Daniel Healy

RCT-32281   Alan Garrett

RCE-32451   Auld Floors & More LLC

RCE-32497   Attention to Detail Property Management LLC

 

A motion was made by Mr. Hughes to deny registration to the following applicant due to failure to comply with IC 54-5210 (1) (a):

 

Manuel Jaramillo DBA Torres Painting

NASCLA

 

Ms. Anderson gave her handouts and update from the 2011 National Association of State Contractors Licensing Agencies Annual Conference.   She noted that NASCLA had speakers on the importance of interagency relationships, additional training to licensee/registrants and the public that can be provided by the licensing/registering authority and a presentation on a new software program that filters ads placed on Craigslist.  This software would mostly be an investigative tool.  Mr. Pinther gave his updates from the NASCLA Annual Conference as well noting that NASCLA has created model legislation for its members use and that they are now currently creating model rule for use.  NASCLA is also offering a scholarship contest.  An interested candidate would provide a 27 second public service announcement for NASCLA’s use in a future advertisement.  There are three different scholarship amounts to win and two different contests to enter.

 

Mr. Pinther addressed the 2013 NASCLA Annual Conference.  He stated that he will become NASCLA’s president for Fall of 2012 to Fall of 2013.  In this role, he will be allowed to choose the location of the 2013 NASCLA Annual Conference.  He stated that he had originally considered a Wyoming location but has since changed the location to one of two cities in Idaho.  He understands that it was a concern of Ms. Prather’s that the Board should have input on the location of this 2013 annual conference.  The Board shared their thoughts and agreed with Ms. Prather on one of the two locations within Idaho.   

 

NEXT MEETING 10/11/2011

 

ADJOURNMENT

 

A motion to adjourn at 12:15 PM MDT was made by Mr. Hughes.  Seconded by Mr. Pilote, motion carried.  Individual votes for this motion were Mr. Hughes, aye; Mr. Pinther, aye; Mr. Pilote, aye; and Mr. Timmins, aye.

 

 

 

_________________________________                                                                        _________________________________

Steve Pinther, Chair                                       Anthony J. Hughes

_________________________________                                                                        _________________________________

Timothy R Timmins                                       John Robert Pilote

_________________________________     

 Tana Cory, Bureau Chief