IDAHO CONTRACTORS BOARD

Jerry Nemec, Chairman

Pamela Prather

Alan Gelet

Art Elliott III

Steve Pinther

Bureau of Occupational Licenses

Boise, Idaho

12/19/2006

Board Meeting

Meeting was called to order at 9:35 a.m.

Board Members present:  Jerry Nemec-Chair; Steve R. Pinther; Art Elliott; Alan Gelet and Pamela Prather.

Others present: Rayola Jacobsen- Bureau Chief; Budd Hetrick- Deputy Bureau Chief; Emily McMaster-Deputy Attorney General; Jeremy Pisca- Attorney Roger Hales-IBOL Administrative attorney; and Alla Osipchuk- TR1

The board reviewed the minutes for the 12/12/2006 conference call. Motion was made by Ms. Prather to approve the minutes as reviewed.  Seconded by Mr. Gelet, motion carried.

Scott Phillips, a representative from the office of Governor Jim Risch, presented the board with the Governor's Alien Verification Initiative. Mr. Phillips discussed the status of the initiative, its anticipated implementation, its potential impact and the planed educational tools to inform the public.

Mr. Pisca addressed the board regarding Idaho Association of Building Officials (IDABO) Contractor License Program. Discussion was held on potential problems and concerns that may stem from the IDABO legislation, which include:

• Concern about fee requirements. Mr. Pisca addressed the potential of increased liability placed on cities regarding Allocation of Collected Funds and possible barriers to competition, making it difficult for smaller companies to operate.




• Lack of continuity in regards to the requirements for licensure or registration placed on contractors with in each city.

• Public confusion in the appropriate path of action in the event of a complaint.

• Concern for potential diminishment of the Contractor Board’s regulatory authority. Ideally, all municipalities would go thorough the Registration Board.

• Ms. Pisca reaffirmed his confidence in the value of the Contractor Registration Board. He recommended comparing the objectives of Contractor’s Registration Act and IDABO and encouraged the board to take a proactive position in which the board should consider the legislative opinion and work collectively with IDABO.

The board requested that Mr. Hales compose a letter expressing the board’s position, and concerns regarding IDABO proposals. With the intent to encourage cooperation, the letter should include current board registration statistics that demonstrate the effectiveness and the value that the board provides the construction industry. The board requested that the letter be sent first to city officials in Idaho Falls, ID and Ammon, ID and then to all other remaining jurisdictions.

Motion was made by Mr. Pinther for Mr. Hales to compose a letter addressing the board’s position on IDABO.  Seconded by Mr. Gelet, motion carried.

Board took a short break 9:50-10:05

Ms. McMaster presented the planned Hearing meeting scheduled for January 25, 2006 regarding 16 registrants that failed to provide the bureau with adequate General Liability insurance information and have experienced a notice of cancellation, a letter of notification and responded with lack of compliance. The Hearing meeting will allow the registrants in question an opportunity to contest the matter before the board.

 The following 16 registrants were scheduled for the hearing meeting.

CON-2007-6 RCE-2209 Insurance canceled April 7, 2006

CON-2007-7 RCE-527 Insurance canceled January 20, 2006

CON-2007-8 RCT-14059 Insurance canceled April 12, 2006

CON-2007-9 RCT-8984 Insurance canceled February 27, 2006

CON-2007-10 RCT-12552 Insurance canceled June 14, 2006

CON-2007-11 RCT-9066 Insurance canceled July 14, 2006

CON-2007-12 RCE-3166 Insurance canceled May 5, 2006

CON-2007-19 RCE-15980 Insurance canceled July 17, 2006

CON-2007-20 RCT-17851 Insurance canceled September 29, 2006

CON-2007-21 RCT-3098 Insurance canceled September 25, 2006

CON-2007-22 RCT 12458 Insurance canceled September 18, 2006

CON-2007-23 RCT-15022 Insurance canceled October 4, 2006

CON-2007-27 RCE-16255 Insurance canceled October 4, 2006

CON-2007-28 RCT-18368 Insurance canceled October 19, 2006

CON-2007-29 RCT-17198 Insurance canceled September 27, 2006

CON-2007-33 RCT-8416 Insurance canceled April 30, 2006

Ms. McMaster recommends placing an emergency suspension order today, which will take affect December 29, 10 days after the registrant is served with a letter of notification as well as a proposed settlement of $250 in fines and $250 in fees.

Ms. McMaster recommended three proposed stipulations that allow the registrants an opportunity to provide our office with additional insurance information within the 10 day period, prior to the emergency suspension.

• If the registrant is able to provide proof of continuous insurance coverage during the period of time in question with in 10 day, the motion alone with the fines and fees will be dismissed and the registrant will not be required to appear at the hearing meeting.




• If the registrant is able to provide the bureau with current insurance and has experienced a time laps in insurance coverage, the registrant may choose to settle by signing and returning the stipulation notice along with the $250 of fines and $250 of fees. The registrant’s registration will not experience emergency suspension and the registrant also has the option to attend the hearing meeting to contest his case.

• If the registrant is unable to provide the bureau with current General Liability Insurance information with in ten days, the registrant will experience an emergency suspension of their contractor registration along with $250 fine and $250 for recovery of fees. The registrant will have the opportunity to contest the action during the Hearing meeting. The respondent will then show in the record as having had disciplinary action.  All disciplinary action is public record. 

Motion was made by Ms. Prather to approve the emergence suspension to take affect December 29, for the 16 applicants in question.  Seconded by Mr. Pinther, motion carried.

Motion was made by Ms. Prather to give the Bureau authority to dismiss the motion, fines and fees if continuous liability insurance coverage is provided with in 10 days.  Seconded by Mr. Elliott, motion carried.

Motion was made by Ms. Prather to give the Bureau authority to assign $250 fines and $250 for recovery of fees if the registrant signs and returns the stipulation and is able to provide current Liability insurance but have not experienced a time lapse in coverage. Seconded by Mr. Pinther, motion carried.

Mr. Nemec requested that Mr. Hetrick provide a report of the disciplinary action taken by the Bureau through email.

Ms. Jacobsen reported the numbers of licensees we currently have, 18,562 with 800 applications that are in the office awaiting completion.  Discussion was held.

Ms. Jacobsen presented the financial report and addressed possible budget constraints in the future related to increased fund allocations to investigations.

Mr. Nemec requested that Mr. Hetrick send an email regarding information on Compensation for pro-reviewers which was discussed at the 11/28/2006 board meeting.

Mr. Hetrick gave the investigative report. During fiscal year 2007, three hundred- thirty-two (332) complaints have been received. Of those, four (4) have been closed following Board determination; one hundred one (101) have been referred for disciplinary review; one hundred thirty-six (136) are under investigation; and ninety-one (91) await Board determination. During fiscal year 2006 Fifty-six (56) complaints were received. Of those, seventeen (17) have been closed following Board determination; thirteen (13) have been referred for disciplinary review; twenty-two (22) remain under investigation; and four (4) await Board determination.

The board reviewed the following disciplinary cases:

CON-P3B-02-2006-6 Discussion was held.  Motion by Mr. Gelet to accept the recommendation of the Bureau.  Seconded by Mr. Elliott, carried.

CON-P1-04-2006-25 Discussion was held.  Motion by Mr. Elliott to accept the recommendation of the Bureau.  Seconded by Ms. Prather, carried.

CON-P4A-2-2006-32 Discussion was held.  Motion by Mr. Gelet to accept the recommendation of the Bureau.  Seconded by Ms. Prather, carried.

CON-P1-2-2006-54 Discussion was held.  Motion by Ms. Prather to accept the recommendation of the Bureau.  Seconded by Mr. Gelet, carried.

CON-P4A-01-2007-269 Discussion was held.  Motion by Ms. Prather to accept the recommendation of the Bureau.  Seconded by Mr. Elliott, carried.

CON-P1-01-2007-274 Discussion was held.  Motion by Mr. Gelet  to accept the recommendation of the Bureau.  Seconded by Mr. Pinther, carried.

CON-P3C-04-2007-280 Discussion was held.  Motion by Mr. Gelet to accept the recommendation of the Bureau.  Seconded by Mr. Pinther, carried.

CON-P3-01-2007-281 Discussion was held.  Motion by Ms. Prather to accept the recommendation of the Bureau.  Seconded by Ms. Gelet, carried.

CON-P4A-02-2007-283 Discussion was held.  Motion by Mr. Pinther to accept the recommendation of the Bureau.  Seconded by Ms. Prather, carried.

CON-P3B-02-2007-285 Discussion was held.  Motion by Ms. Prather to accept the recommendation of the Bureau.  Seconded by Mr. Pinther, carried.

CON-P3C-03-2007-287 Discussion was held.  Motion by Mr. Gelet to accept the recommendation of the Bureau.  Seconded by Mr. Pinther, carried.

CON-P3C-03-2007-322 Discussion was held.  Motion by Ms. Prather to accept the recommendation of the Bureau.  Seconded by Mr. Pinther, carried.

CON-(17 files) Discussion was held.  Motion by Mr. Pinther to accept the recommendation of the Bureau.  Seconded by Mr. Elliott, carried.

CON-(48 files) Discussion was held.  Motion by Ms. Prather to accept the recommendation of the Bureau.  Seconded by Mr. Gelet, carried.

CON-(16 files) Discussion was held.  Motion by Ms. Prather to accept the recommendation of the Bureau.  Seconded by Mr. Gelet, carried.

CON-(2 files) Discussion was held.  Motion by Ms. Prather to accept the recommendation of the Bureau.  Seconded by Mr. Pinther, carried.

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

Motion was made to come out of executive session by Mr. Elliott.  Seconded by Mr. Gelet, carried.

Motion was made by Mr. Pinther to approve all applications for registration submitted and amended.  Seconded by Ms. Prather, carried. 

Motion was made by Ms. Prather requesting additional information be provided in regards to CONE-19510 that gives additional clarification on the reason for the felony and current standing. Seconded by Mr. Pinther, motion carried.

Meeting adjourned at 01:15 a.m.

Contractor registration was issued to the fallowing: