IDAHO CONTRACTORS BOARD

Bureau of Occupational Licenses

1109 Main Street, Suite 220

Boise, Idaho

(208) 334-3233

Minutes of September 18, 2007

PRESENT:                   Jerry Nemec-Chair

Alan H Gelet

Art G Elliott III

Steve R Pinther

Pamela Prather

BUREAU STAFF:       Tana Cory, Bureau Chief

                                    Roger Hales, Administrative Attorney

                                    Mike Gilmore, Deputy Attorney General

                                    Erin Anderson, Secretary

                                    Marcie McGinty, Appeals/Hearing Technician

                                    Dave Hotchkiss, Investigations Coordinator

Meeting called to order by Board Chair, Jerry Nemec, at 8:30 a.m. 

MINUTES

The Board approved the 09/11/2007 board meeting minutes.  Motion to approve by Mr. Elliott, seconded by Mr. Gelet, motion carried.

DISCUSSION

Ms. Cory presented the Board with her legislative report, introducing Dave Hotchkiss as the new addition to the investigative unit as an Investigations Coordinator to work along with Ms. McGinty. 

Ms. Cory also presented the financial report of the board, explaining their expenditures and balances.

Ms. Cory then presented the Board with their investigative report, and requested Board recommendations.  Below is the list of the complaints, and the Board’s decision.

CON-L4B-2-2006-22 IBOL recommends the Board authorize closure with a cease and desist letter to R.  Motion to approve by Mr. Elliott, seconded by Mr. Gelet, motion carried.

CON-P3B-1-2006-34 IBOL recommends the Board authorize closure.  Motion to approve by Mr. Gelet, seconded by Mr. Pinther, motion carried.

CON-B5A-2007-#s38;80;83;88;89;90;91;104;108;117;120;121;122;124;127;141;149;151;153;158;160;162;174;180;205;224;302;305;307;308;311;332;335;358;365;367;369;378;380;416;418;420;423;430;432;433;445;454;455;456
IBOL recommends the Board authorize closure.  Motion to approve by Ms. Prather, seconded by Mr. Gelet, motion carried.

CON-B5A-3-2007-109 IBOL recommends closure with advisory letter.  Motion to approve by Mr. Pinther, seconded by Mr. Gelet, motion carried.

CON-P4C-3-2007-183 IBOL recommends the Board authorize closure with a cease and desist letter.  Motion to approve by Ms. Prather, seconded by Mr. Gelet, motion carried.

CON-P4C-4-2007-214 IBOL recommends the Board authorize closure.  Motion to approve by Mr. Pinther, seconded by Ms. Prather, motion carried.

CON-P4C-3-2007-228 Investigation did not reveal evidence of a violation.  IBOL recommends the Board authorize closure.  Motion to approve by Mr. Pinther, seconded by Mr. Gelet, motion carried.

CON-P1-1-2007-262 Investigation revealed that all activities took place prior to registration act.  IBOL recommends the Board authorize closure with cease and desist letter.  Motion to approve by Mr. Gelet, seconded by Mr. Pinther, motion carried.

CON-P4C-2-2007-270 Investigation revealed evidence to support the allegations and a violation.  IBOL recommends the Board authorize closure with a cease and desist letter to R.  Motion to approve by Ms. Prather, seconded by Mr. Pinther, motion carried.

CON-P3-3-2007-275 All activity took place prior to the registration act.  IBOL recommends the Board authorize closure.  Motion to approve by Ms. Prather, seconded by Mr. Pinther, motion carried.

CON-L1-4-2007-290 IBOL recommends the Board authorize closure based on compliance.  Motion to approve by Mr. Elliott, seconded by Ms. Prather, motion carried.

CON-P1-4-2007-291 IBOL recommends the Board authorize closure with an advisory letter.  Motion to approve by Mr. Elliott, seconded by Ms. Prather, motion carried.

CON-P3C-2-2007-293 Due to lack of jurisdiction, IBOL recommends closure, with recommendation that C file criminal charges.  Board made motion to approve without advice to C to pursue criminal charges, made by Ms. Prather, seconded by Mr. Gelet, motion carried.

CON-B5A-2007-312-#s312;346;347;354;379;382;389;398;408;409;414;419;422;426;435;436;438;443;444;&447
IBOL recommends the Board authorize closure.  Motion to approve by Ms. Prather, seconded by Mr. Elliott, motion carried.

CON-P1-2-2007-325 IBOL recommends the Board authorize closure with a cease and desist letter.  Motion to approve by Ms. Prather, seconded by Mr. Gelet, motion carried.

CON-L1-4-2007-338 No evidence was revealed to support the allegation and IBOL recommends the Board authorize closure.  Motion to approve by Ms. Prather, seconded by Mr. Gelet, motion carried.

CON-P4A-1-2007-341 Investigator presented evidence to prosecutor and a summons to appear was issued. Investigation revealed that R failed to appear and a warrant was issued for R's arrest. IBOL recommends the Board authorize closure with a cease and desist letter.  Motion to approve by Mr. Elliott, seconded by Mr. Pinther, motion carried.

CON-P1-3-2007-370 Investigation did not reveal evidence to support the allegations or a violation. IBOL recommends the Board authorize closure.  Motion to approve by Ms. Prather, seconded by Mr. Elliott, motion carried.

CON-P5B-4-2007-385 IBOL recommends the Board authorize closure.  Motion to approve by Ms. Prather, seconded by Mr. Gelet, motion carried.

CON-L1-2-2007-475 Investigation did not reveal evidence of a violation. IBOL recommends the Board authorize closure.  Motion to approve by Mr. Elliott, seconded by Mr. Gelet, motion carried.

CON-S1-3-2007-477 Based on R's compliance, IBOL recommends the Board authorize closure with an advisory letter.  Motion to approve by Mr. Elliott, seconded by Ms. Prather, motion carried.

CON-P4C-4-2007-480 Complaint is civil in nature and IBOL recommends closure with a referral letter to C of other available options.  Motion to approve by Mr. Elliott, seconded by Mr. Gelet, motion carried.

CON-S1-1-2007-507 Based on R's compliance, IBOL recommends the Board authorize closure with an advisory letter.  Motion to approve by Mr. Elliott, seconded by Mr. Pinther, motion carried.

CON-P4C-2-2007-520 Investigation revealed that C settled the matter out of court and requested that the complaint be withdrawn. IBOL recommends the Board authorize closure.  Motion to approve by Ms. Prather, seconded by Mr. Gelet, motion carried.

CON-P3-2-2007-533 Investigation did not reveal evidence to support the allegations or of a violation. IBOL recommends the Board authorize closure.  Motion to approve by Ms. Prather, seconded by Mr. Elliott, motion carried.

CON-P1-2-2007-535 Investigation did not reveal evidence of substandard or defective workmanship. IBOL recommends the Board authorize closure.  Motion to approve by Ms. Prather, seconded by Mr. Gelet, motion carried.

CON-S1-1-2007-564 IBOL recommends the Board authorize closure.  Motion to approve by Mr. Elliott, seconded by Mr. Pinther, motion carried.

CON-P3A-2-2007-568 IBOL recommends the Board authorize closure with an advisory letter regarding proper safety measures.  Motion to approve without advisory letter by Ms. Prather, seconded by Mr. Pinther, motion carried.

CON-S1-1-2007-570 IBOL recommends the Board authorize closure based on compliance.  Motion to approve with verification of R being issued a registration number made by Mr. Elliott, seconded by Ms. Prather, motion carried.

CON-P1-1-2007-578 IBOL recommends the Board close and advise C to seek legal counsel.  Motion to approve by Mr. Pinther, seconded by Mr. Elliott, motion carried.

CON-P4A-2-2007-589 IBOL recommends the Board authorize closure.  Motion to approve by Ms. Prather, seconded by Mr. Elliott, motion carried.

CON-S1-1-2007-591 Based on compliance IBOL recommends the Board authorize closure.  Motion to approve by Mr. Elliott, seconded by Mr. Gelet, motion carried.

CON-L4C-2-2007-596 IBOL recommends the Board authorize closure.  Motion to approve by Mr. Pinther, seconded by Mr. Elliott, motion carried.

CON-P1-2-2007-619 IBOL records confirm that registration was later issued and R satisfied the supplier issue. Based on compliance, IBOL recommends the Board authorize closure.  Motion to approve by Mr. Pinther, seconded by Mr. Elliott, motion carried.

CON-P3B-2-2007-624 Investigation did not reveal evidence to support the allegations of a violation. IBOL recommends the Board authorize closure.  Motion to approve by Mr. Pinther, seconded by Mr. Gelet, motion carried.

CON-P1-2-2007-639 IBOL recommends the Board authorize closure. Motion to approve by Mr. Pinther, seconded by Mr. Elliott, motion carried.

CON-P3C-2-2008-11 Investigations did not reveal evidence to support the allegations or a violation.  IBOL recommends the Board authorize closure.  Motion to approve by Ms. Prather, seconded by Mr. Pinther, motion carried.

FORMAL DISCIPLINARY ACTION

Mr. Gilmore presented the following memorandum for consideration by the Board:

CON-2008-6

Mr. Gilmore explained to the Board their jurisdiction/statutory authority to penalize unregistered contractors.  The Board was asked to choose if they would like to penalize registered and unregistered contractors.  Motion was made by Ms. Prather to pursue administrative discipline to registered as well as unregistered contractors, seconded by Mr. Pinther, motion carried.

Mr. Gilmore also let Board know from a previous inquiry with him in regards to probation starting after a registrant has paid their fines/restitution that this would be okay, as long as defendant agrees to this in the stipulation order that Mr. Gilmore’s office would present to them.

Ms. Prather asked Ms. Anderson to please submit a letter to the Northern Idaho Prosecuting attorney’s office, and their affiliates, to thank them for their diligent pursuit of the Board’s complaints that are presented to them for prosecution.

DISCUSSION

Board addressed the writing of exemption 54-5205 (2) (l).  Mr. Nemec asked Mr. Hales to please contact Mr. Pisca and ask association to work on language for this law, focusing on the exemption of a multi-housing unit.  Motion to approve this request made by Mr. Gelet, seconded by Ms. Prather.

Board went into recess from 10:20 a.m. to 10:25 a.m.

EXECUTIVE SESSION

Motion was made by Ms. Prather to enter into executive session to discuss applications and matters not subject to public disclosure, per section IC 67-2345 (1) (d).  Motion was seconded by Mr. Gelet, motion carried. 

Motion was made to exit from executive session by Mr. Elliott, seconded by Ms. Prather, motion carried. 

The following applications were approved:

CONA-19474

CONE-23320

CONE-23356

CONE-23369

The four applications referenced above were approved, with Ms. Anderson sending letters to applicants inquiring about their construction types.  These applications will not have to go back for further board approval once the information is complete.

DISCUSSION

Ms. Cory presented to the Board literature that had been received by EPA.  The Board reviewed the flyers, and asked the Bureau to forward the association contact information to the EPA and look at putting on the website.

The Board reviewed follow up letters for approved applications that Ms. Anderson presented to them for approval.  Minor changes were suggested, and letters approved for use.

Mr. Elliott presented his information in regards to CEU program offered out of Utah.  He explained that he just wanted the Board to be aware that if CEU became a requirement for Idaho contractors that this would be one source that the Bureau could pursue and offer to registrants.

Mr. Pinther then discussed the possibility of licensure for Idaho contractors.  It was agreed that the Board would discuss this matter in further detail after Mr. Pinther and Mr. Hetrick attend the National Contractors Conference in Arkansas, and obtain more information in regards to licensing contractors.

The Board inquired with Ms. Cory the number of current registrants.  Ms. Cory let the board know that she would obtain this information, and send to them for review via email.

Meeting was adjourned at 10:55 a.m.