IDAHO CONTRACTORS BOARD

Bureau of Occupational Licenses

1109 Main Street, Suite 220

Boise, ID 83702-5642 

 Minutes of 3/13/2008

BOARD MEMBERS PRESENT:  JERRY NEMEC - CHAIR

                                                            ART ELLIOTT

                                                            ANTHONY JAMES HUGHES

                                                            STEVE R PINTHER

BOARD MEMBERS ABSENT:    PAMELA PRATHER

BUREAU STAFF:                           Dawn Hall, Deputy Bureau Chief

                                                            Roger Hales, Administrative Attorney

                                                            Emily Mac Master, Deputy Attorney General

                                                            Cherie Simpson, Management Assistant

                                                            Marcie McGinty, Investigative Coordinator

                                                            Erin Anderson, Secretary

Meeting was called to order at 10:04 a.m. by Jerry Nemec.

APPROVAL OF MINUTES

The Board reviewed the 2/19/2008 board meeting minutes.  A motion to approve was made by Mr. Hughes.  Seconded by Mr. Pinther, motion carried.

FORMAL DISCIPLINARY ACTION

Ms. Mac Master presented the following memorandums to the Board for consideration:

CON-2007-79-A motion to close case with a warning letter was made by Mr. Elliott.  Seconded by Mr. Hughes, motion carried.
 

CON-2007-94-A motion to issue a cease and desist letter made by Mr. Hughes. Seconded by Mr. Elliott, motion carried.
 

CON-2007-91-The Board agreed with the recommendations from the Attorney General’s Office.

CON-2007-98-The Board agreed with the recommendations from the Attorney General’s Office.

CON-2007-99-A motion to close the case with a warning letter, with a request to mind the company’s workmanship was made by Mr. Hughes.  Seconded by Mr. Elliott, motion carried.
 

CON-2007-100-A motion was made to close the case by Mr. Elliott.  Seconded by Mr. Hughes, motion carried.  
        

CON-2008-43-A motion was made to close the case by Mr. Elliott.  Seconded by Mr. Hughes, motion carried.

CON-2008-45-The Board agreed with the recommendations from the Attorney General’s Office.
 

CON-2008-47-The Board agreed with the recommendations from the Attorney General’s Office.

CON-2008-49-The Board agreed with the recommendations from the Attorney General’s Office.

CON-2008-50-The Board agreed with the recommendations from the Attorney General’s Office.
 

CON-2008-51-The Board agreed with the recommendations from the Attorney General’s Office.
 

CON-2008-52-The Board agreed with the recommendations from the Attorney General’s Office.
 

CON-2008-55-The Board agreed with the recommendations from the Attorney General’s Office.

CON-2007-82-A motion was made by Mr. Hughes to deny the Attorney General’s recommendations, and request that they re-negotiate sections B-3 and C-1 of the stipulation and consent order.  Seconded by Mr. Elliott, motion carried.

CON-2007-96-A motion was made to close the case by Mr. Hughes.  Seconded by Mr. Elliott, motion carried.
 

CON-2008-12-A motion was made to approve the consent order and allow the chairman to sign by Mr. Hughes.  Seconded by Mr. Pinther, motion carried.
 

CON-2008-22-A motion was made to reconsider this matter and prior approval, and to rescind and dismiss the case by Mr. Elliott.  Seconded by Mr. Hughes, motion carried.

Mr. Pinther inquired if a standard for competency for registration should be established, basing this inquiry on some of the complaints that the board reviewed.  Ms. Mac Master suggested that perhaps creating a rule in regard to workmanship standards be created.  It was decided that this matter would be tabled, and discussed at the next face-to-face meeting.

Mr. Hales presented the following cases to the Board.  The Board reviewed and discussed the following cases for final discipline:

CON-2007-69

CON-2008-3

CON-2008-7

CON-2008-11

A motion was made by Mr. Hughes to accept the Hearing Officer’s Finding of Fact, and Conclusions of Law that the registration issued to each of the Respondents be revoked.  Further each Respondent must pay the investigative costs and attorney fees and pay the maximum fine for each count noticed in the Complaint.  Upon completion of the drafted orders, the Chair is authorized to sign each order on behalf of the Board.  Seconded by Mr. Elliott, motion carried.

EXECUTIVE SESSION:

Motion was made by Mr. Elliott to enter into executive session to discuss applications and matters not subject to public disclosure, per Idaho Code 67-2345 (1) (d).  Motion was seconded by Mr. Pinther, motion carried.  Individual vote for this motion were: Mr. Nemec, aye; Mr. Pinther, aye; Mr. Elliott, aye; and Mr. Hughes, aye.

Motion was made by Mr. Elliott to go out of executive session.  Motion was seconded by Mr. Hughes, motion carried.  Individual vote for this motion were: Mr. Nemec, aye; Mr. Pinther, aye; Mr. Elliott, aye; and Mr. Hughes, aye.

APPLICATIONS

The following applications were approved for registration: