IDAHO CONTRACTORS BOARD

Bureau of Occupational Licenses

Boise, Idaho

11/28/2006

Meeting was called to order at: 8:30 a.m.

Board Members present:  Art Elliott, Steve R. Pinther, Pamela Prather, and Alan Gelet via telephone.  Jerry Nemec is absent and excused.

Others present: Rayola Jacobsen, Bureau Chief; Budd A. Hetrick, Deputy Bureau Chief; Cherie Simpson- Management Assistant, and Emily MacMaster, Deputy Attorney General.

Minutes of the November 14, 2006 meeting were reviewed.  Moved by Ms. Prather that minutes be approved as submitted.  Seconded by Mr. Pinther, carried.

Ms. Jacobsen reported the numbers of licensees we currently have and the number of applications that are in the office awaiting completion.  Ms. Jacobsen presented a copy of the proposed law that will be presented during the 2007 legislative session that will require bonds for the Electrical, Plumbing and HVAC professions.  She reported that this legislation does not affect the Contractors Board, but we will monitor it through the session.  Discussion was held.

Ms. MacMaster presented disciplinary file CON-2007-2 to the board for formal action.  Moved by Ms. Prather that the Board accept the final order and voluntary surrender of the registration for Idaho Steelcraft, LLC, RCE-7505.  Seconded by Mr. Pinther, carried.  Moved by Ms. Prather that the vice-chair sign the order on behalf of the Board.  Seconded by Mr. Pinther, carried.  

Contractor Disclosure information was reviewed by the Board.  Idaho Law currently requires that certain disclosures be made by contractors. This is information that directly affects the profession, and providing some notice regarding disclosures was recommended.  Discussion was held on the Code and how to inform contractors that are registered by the Board.  Ms. MacMaster requested that the Board inform the registrants of the requirement as the board may discipline a registered contractor for a violation of the Idaho Consumer Protection Act per Idaho Code 54-5215(2)(b).

Kristi Simon of the Industrial Commission – Employer Compliance Department met with the Board regarding Workman’s Compensation requirements and compliance for the Contractors registered in Idaho.  Sixty-five percent (65%) of registered contractors do carry workman’s compensation insurance.  The remaining thirty-five percent (35%) are being contacted and it appears from those contacted that the majority are indeed exempt from workman’s compensation insurance.  They are working on getting a meeting scheduled between their investigators and the Bureaus investigators to enable a joint effort in compliance with workman’s compensation requirements.

Motion was made by Ms. Prather to enter into executive session to consider records exempt from public disclosure as stated in 67-2345 (1) (d).  Seconded by Mr. Gelet.  Motion carried.

Moved by Ms. Prather to come out of executive session.  Seconded by Mr. Pinther, carried.

Moved by Mr. Pinther to approve the applications distributed to the Board and the additional 29 applications, with the exception of the four which are required to submit additional information for review by the Board.  Seconded by Mr. Gelet, carried.

Mr. Hetrick presented the financial report to the Board for review and discussion.  The Board is currently within budgetary guidelines and with the anticipated renewal revenues will continue to be.  Moved by Ms. Prather to approve the financial report.  Seconded by Mr. Pinther, carried.

Mr. Hetrick explained that there is no investigative report due to a review of the notices from insurance companies that are cancelling policies.  Future cancellation dates cannot be recognized as a cancelled policy and we are verifying the documents that we received to determine status of policies.  An investigative report will be provided to the Board during the next scheduled meeting.

Mr. Hales addressed the Boards concerns regarding applicants with felony convictions.  The Board needs to consider the following criteria when analyzing; 1)  The nature of the felony (significance and relation to the profession); 2)  Remoteness in time; 3) Whether there has been rehabilitation or resolution of type of conduct.    The Board does have the ability to refuse to issue a registration.  Mr. Pinther stated that he felt the Board should have their own criteria or guidelines to utilize in reviewing applications with felony convictions.

Compensation for pro-reviewer.  Mr. Hetrick explained what role the pro-reviewer takes in the investigative process.  He explained that most of the pro-reviewers utilized by other boards are compensated.  Discussion was held on the qualifications of the pro-reviewer and the rate of compensation that is appropriate.  It was recommended that 10 to 20 contractors, located throughout the state, be available for pro-reviewers.

Discussion was held on what the Board could do to educate the registered contractors in regards to the disclosure requirements.  It was discussed that information be distributed via additions to our current brochure “How Does Idaho’s Contractor Registration Law Affect You?”  and the website.

Discussion was held on the letter that was sent to the Idaho Association of Building Officials.  No action taken.

Moved by Ms. Prather to adjourn at 10:35 a.m.  Seconded by Mr. Pinther, carried.