Bureau of Occupational Licenses
1109 Main Street, Suite 220
Boise, ID 83702-5642
Linda L. Simon
BOARD MEMBERS ABSENT: Pat Gooding
Karl Klein, Administrative Attorney
Dave Hotchkiss, Complaint Coordinator
OTHERS PRESENT: General Darrell Manning
Jamie Simpson, Health and Welfare
APPROVAL OF MINUTES
A motion was made by Ms. Simon to accept the August 13, 2009 minutes as written. Seconded by Mr. Eaton, motion carried.
PRESENTATION FROM GENERAL DARREL MANNING
General Manning gave a presentation to the members on the Role of the Board.
OPEN MEETING LAW CHANGES
Mr. Klein presented the members of the Board with a copy of the Idaho Open Meeting Law Manual. He also informed the Board of the new changes effective July 1, 2009 to the open meeting law.
Ms. Cory presented the financial report to the members of the Board. The current cash balance as of 9/30/2009 is $929.62.
Ms. Cory presented the renewal contract to the members of the Board.
A motion was made by Ms. Simon to approve the FY 2010 Contract Renewal and authorize the Chair to sign on behalf of the Board. Seconded by Mr. Eaton, motion carried.
Ms. Cory presented the legislative report to the members of the Board. Ms. Cory stated the proposed law and rule changes have been submitted to the Legislature. Changes include removing the Board from the PERSI retirement program, revising the qualifications for licensure, terminating an inactive application file, and implementing a hardship clause to the continuing education requirement.
The proposed rules are currently posted to the Board’s website.
A motion was made by Mr. Eaton to include the proposed law changes to the website. Seconded by Ms. Goettche, motion carried.
Mr. Hotchkiss presented the investigative report to the members of the Board.
DISCUSSION AND DETERMINATION OF FINAL ORDER, RCA-2009-5
RCA-455 Debby Kamphaus Mr. Klein presented the disciplinary order to the members of the Board. Following discussion, a motion was made by Ms. Goettsche to adopt the findings and conclusions of the hearing officer, impose a revocation of the license for a period of five years, pay all costs and fees incurred, and demonstrate compliance with the order. After five years, Ms. Kamphaus would be required to appear before the Board, reapply for licensure, and take the examination as per Idaho Code 67-2614. In addition, the motion authorized the Chair to sign on behalf of the Board. Seconded by Ms. Simon, motion carried.
A motion was made by Mr. Eaton requesting the Attorney General’s Office send a cease and desist letter to Ms. Kamphaus, RCA-455. Seconded by Ms. Goettsche, motion carried.
DISCUSSION WITH JAMIE SIMPSON, HEALTH AND WELFARE
Ms. Simpson, Health and Welfare, approached the members of the Board. Ms. Meyer stated the Board and H&W need to develop a way to communicate the provisional permits issued to applicants for licensure.
Ms. Simpson stated H&W is finding facilities with multiple core deficiencies including a designee who has been appointed to oversee a facility for an extended period of time (over 30 days) without a licensed administrator.
The Board reviewed Idaho Code 54-4212 Misdemeanors Listed--Penalties. Discussion was held to determine what procedure would apply in these cases. In the past, H&W has sent a letter of notification. The Bureau investigative staff will forward a copy of the letter used for Ms. Simpson to review with their legal counsel.
The Board and Ms. Simpson have agreed to copy each other on any future letters that are sent out to individuals. H&W will also notify the Bureau when a core deficiency is issued for an unlicensed administrator and in cases where the licensed administrator may be in violation of Idaho Code 54-4213 Disciplinary Action.
DISCUSSION REGARDING PROVISIONAL PERMITS
The Board reviewed and discussed Idaho Code 54-4211 Provisional Permits and the criteria for issuing the permits on an emergency basis. The Board asked the secretary to send notification to Ms. Simpson when a provisional permit is issued.
ANNUAL NATIONAL ASSOCIATION OF BOARDS (NAB) DUES
A motion was made by Mr. Eaton to approve the annual NAB membership dues of $1,200.00. Seconded by Ms. Simon, motion carried.
NAB EXAM AGREEMENT
A motion was made by Ms. Simon to approve the NAB testing agreement for one year and authorize the Chair to sign on behalf of the Board. Seconded by Ms. Goettsche, motion carried.
REQUESTS FOR CONTINUING EDUCATION APPROVAL
A motion was made by Ms. Simon to deny the request submitted by Geraldine Stanfield, RCA-1313 for CE approval based upon not meeting the requirement under Rule 401.2.d. Seconded by Mr. Eaton, motion carried.
A motion was made by Ms. Simon to deny the request submitted by Donna Lant, RCA-186, for CE approval based upon not meeting the requirement under Rule 401.2.d. Seconded by Ms. Goettsche, motion carried.
A motion was made by Mr. Eaton 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. Goettsche. The vote was: Ms. Simon, aye; Ms. Meyer, aye; Ms. Goettsche, aye; and Mr. Eaton, aye. Motion carried.
A motion was made by Ms. Simon to come out of executive session. Seconded by Mr. Eaton. The vote was: Ms. Simon, aye; Ms. Meyer, aye; Ms. Goettsche, aye; and Mr. Eaton, aye. Motion carried.
APPLICANT ID 901075267 A motion was made by Ms. Goettsche to send a letter of reprimand for practicing as an administrator without a license and require the applicant take and pass the open book test and examination prior to issuing a license. Seconded by Mr. Eaton, motion carried.
NEXT MEETING is scheduled for January 7, 2010 at 9:00 a.m. MST.
A motion was made by Ms. Simon to adjourn the meeting at 1:15p.m. Seconded by Mr. Eaton, motion carried.
Shirlie Meyer, Chair Dale Eaton
Vicky Goettsche Linda L. Simon