DELAWARE BOARD OF MASSAGE AND BODYWORK



[pic]

|Cannon Building |STATE OF DELAWARE |Telephone: (302) 744-4500 |

|861 Silver Lake Blvd., Suite 203 |DEPARTMENT OF STATE |Fax: (302) 739-2711 |

|Dover, Delaware 19904-2467 | |Website: dpr. |

| |DIVISION OF PROFESSIONAL REGULATION | |

PUBLIC MEETING MINUTES: COUNCIL ON REAL ESTATE APPRAISERS

MEETING DATE AND TIME: Tuesday, May 18, 2006 at 9:30 a.m.

PLACE: 861 Silver Lake Boulevard, Dover, Delaware

Conference Room A, second floor of the Cannon Building

MINUTES APPROVED: June 20, 2006

MEMBERS PRESENT

Donald West, Professional Council Member, Chairperson, Presiding

Charles Witt, Professional Council Member, Vice-Chairperson

George Fantini, Professional Council Member

Richard Bauermeister, Public Council Member

Kevin Esslinger, Public Council Member

Stephen Huston, Professional Council Member

Erik Painter, Public Council Member

DIVISION STAFF/DEPUTY ATTORNEY GENERAL

Abby Adams, Deputy Attorney General

Dana Spruill, Administrative Specialist II

Jean Betley, Investigator, Division of Professional Regulation

MEMBERS ABSENT

Arthur Cahall, Public Council Member

ALSO PRESENT

Eric D. Savage

Bradford Levering

Christopher W. Smith

Genevieve Ritter, Court Reporter, Delmarva Reporting

CALL TO ORDER

Mr. West called the meeting to order at 10:04 a.m.

Council on Real Estate Appraisers

Minutes – May 18, 2006

Page 2

REVIEW OF MINUTES

The Council reviewed the minutes of the May 5, 2006 meeting. Mr. Bauermeister made a motion, seconded by Mr. Witt, to approve the May 5, 2006 meeting minutes as presented. The motion was unanimously carried.

UNFINISHED BUSINESS

Discussion on Licensure of Tax Assessors

The Council discussed its responsibilities in establishing a work group to establish educational standards for assessors. Mr. West is corresponding with two assessors to attend the June or July meeting to discuss how the Council can fulfill its duty.

Discussion on HB 347 – Regulation of Home Inspectors

The Council reviewed a draft of a letter to Senator Simpson and Representative Booth stating the Council’s non-agreement with the pending legislation and the reasons why. Mr. Witt made a motion, seconded by Mr. Bauermeister, to approve the sending of the proposed letter. The motion was unanimously carried.

Update on Newsletter

The April newsletter is available on the website.

Discussion on Revisions to Application for Temporary Practice Permit

DAG Adams provided the Council members with a copy of the revised draft of the application. The Appraisal Subcommittee has encouraged the Council to accept the Federal Registry instead of license verifications for purposes of obtaining a temporary practice permit. This will improve the time frame involved in obtaining a permit. The Council first had to have its new statute passed before it could change this process. The Council discussed its concern regarding the accuracy of the information posted on the Federal Registry. In the past, the Council has learned that the Federal Registry lists licenses that are expired as inactive. The Council also had one instance in the past where the Federal Registry showed no disciplinary history for an applicant and the license verification received was accompanied by an Order. The Council discussed the option of obtaining licensure verification from the applicant’s primary state of licensure and utilizing the Federal Registry. The primary state of licensure would be either the state that the applicant resided in and was licensed or in the case of an applicant who resided in one state and worked in another state it would be the state where the appraiser performed most appraisals. The Council felt the term “primary state of licensure” may be less confusing than the use of the term “home state”. The Council hoped that by using both of these verification methods that this would reduce any inaccuracies of the applicant’s licensure history. Mr. Witt made a motion, seconded by Mr. Painter, to approve the application subject to the addition of the requirement that a verification of licensure be received from the applicant’s primary state of licensure. The motion was unanimously carried.

Review and Discussion of Consent Agreement

The Council reviewed the revised consent agreement regarding Complaint No. 19-07-04. The Council members were satisfied with the revision. The Order was signed by all Council members present.

Council on Real Estate Appraisers

Minutes – May 18, 2006

Page 3

Re-Assignment of Complaint

Complaint No. 19-02-06 was re-assigned to Mr. Witt.

Update on Status of Probationary Period of David May

The Council was notified that Mr. May has not complied with the requirements of his disciplinary Order. Mr. May will remain on probation until the conditions of the probation are satisfied.

DAG Adams will research other options available to the Council and advise the Council at its next meeting.

Previously Tabled Application for Appraiser Trainee License

The Council reviewed the previously tabled application for appraiser trainee license of Donyiell Adams. DAG Adams reported that she had reviewed the Council’s list of substantially related crimes and that there was no basis for denying the application. Mr. Bauermeister made a motion, seconded by Mr. Huston, to approve the application for licensure. The motion was unanimously carried.

Status Update on Complaint No. 19-01-06

The Council was advised that Complaint No. 19-01-06 has been referred to the Dept. of Justice.

NEW BUSINESS

Review of Applications

Mr. Bauermeister made a motion, seconded by Mr. Witt, to approve the following applications:

Appraiser Trainee:

Torianne M. Weiss Bridget Peters Evelyn N. Abegglen

The motion was unanimously carried.

The Council reviewed the following applications for which Temporary Practice Permits had been issued.

Peter J. Jauquet - Letter of Good Standing – NY

Property Identification: 110-120 North Race St., Georgetown, DE

Thomas P. Bearoff – Letter of Good Standing – PA

Property Identification: 1 Allendale Apts., Newark, DE; 400 N. DuPont Hwy., Dover, DE;

24 Sandalwood Dr., Newark, DE; 2512 Cedar Tree Dr., Wilmington, DE; 30 Wenarm

Dr., Newark, DE

No action was taken by the Council. The above information was for informational purposes only under the new statute.

A motion was made by Mr. Huston, and seconded by Mr. Witt, to approve the following continuing education applications:

Council on Real Estate Appraisers

Minutes – May 18, 2006

Page 4

IRWA (International Right of Way Association) Chapter 56

IRWA Course 501- Relocation Assistance – 16 hrs

Dynasty Institute, Inc. d/b/a Dynasty School

Residential Report Writing – 15 QE/14 CE hrs

The American Society of Farm Managers & Rural Appraisers, Inc.

Appraisal Review Under Uniform Appraisal Standards for

Federal Land Acquisition (A-380) – 20/18 hrs

Advanced Appraisal Review Case Studies (A-390) – 20/18 hrs

Appraisal Institute

Condominiums, Co-Ops, and PUDs – 7 hrs

AI Reports: The New Appraisal Report Option – 3.5 hrs

The motion was unanimously carried.

Mr. Huston made a motion, seconded by Mr. Painter, to approve the following application for

continuing education credit approval:

DE Chapter of the Appraisal Institute

Livable Delaware Land Use Legislation – 2.0 hrs

Mr. Witt voted in opposition. The motion carried with a majority.

Assignment of Complaints

Complaints No. 19-03-06 and 19-04-06 were assigned to Mr. West.

Discussion on Notification to Delaware Appraisers of Recent Rule Changes

The Council discussed the various methods that could be utilized to notify licensees of the new

Rules and Regulations. The Council determined that it would notify licensees of the changes by

e-mail and post card.

Mr. Esslinger arrived at the meeting to participate in the disciplinary hearing. Mr. Painter left the meeting since he was recused from the hearing.

Disciplinary Hearing – Brenda K. Hoopes

At 10:41 a.m., the disciplinary hearing regarding a Complaint received against Brenda Hoopes was called to order. The disciplinary hearing adjourned at 12:18 p.m. Verbatim transcript of the proceedings was taken by Court Reporter. Disciplinary hearing minutes are attached.

Discussion on Correspondence from Earl Loomis of Loomis Appraisal School Regarding

Delaware Rules and Regulations Continuing Education Course Requirement

Mr. Loomis wrote to the Council regarding the new Delaware Rules and Regulations course

requirement. Mr. Loomis indicated that Pennsylvania requires a minimum of two hours in Pennsylvania rules and regulations and that the new Delaware Rules and Regulations require a two hour seminar on Delaware Rules and Regulations. Mr. Loomis requested that the Council

Council on Real Estate Appraisers

Minutes – May 18, 2006

Page 5

change its requirement to a minimum of two hours so that course providers would have the option of offering a three hour course which would then allow for course providers to offer a four hour course on another topic so that licensees could have a seven hour seminar day. Mr. Huston made a motion, seconded by Mr. Esslinger, to send Mr. Loomis a letter advising that when the regulation was created the Council did not intend on a two hour requirement but that a licensee must complete a minimum of two hours. The next time that the Rules and Regulations are updated, the Council will clarify this language. The motion was unanimously carried. Mr. Painter was not present during this vote.

Discussion on Correspondence from Earl Loomis of Loomis Appraisal School Regarding New AQB Requirements effective January 1, 2008

Mr. Loomis wrote to the Council regarding the Council’s previous decision to implement the new AQB criteria using the “firm date” scenario. He stated that Maryland was also utilizing the “firm date” scenario. Mr. Loomis requested that the Council reconsider their decision and utilize the “segmented” scenario which had been adopted by Pennsylvania. Mr. Loomis’ reasoning for his request was that the “firm date” was unfair to trainees in that they would have the education and may have passed the examination but could not meet the experience requirement by December 31, 2007, so they would fall under the new requirements when applying for another license category. The Council discussed the request of Mr. Loomis. The Council decided that it would continue to implement the new AQB requirements utilizing the “firm date” scenario. The trainee students should be advised during their licensing classes how the new requirements will impact them. Mr. Huston made a motion, seconded by Mr. Esslinger, to send Mr. Loomis a letter advising that the Council will remain with the “firm date” scenario. The motion was unanimously carried. Mr. Painter was not present during this vote.

Mr. West made a motion, seconded by Mr. Esslinger, to approve the following applications:

Reciprocity/Certified General Real Property Appraiser:

Richard B. Owens, Jr.

Licensed Real Property Appraiser:

David Decoursey – to sit for exam

Certified Residential Real Property Appraiser:

Kendall J. Dixon – to sit for exam

The motion was unanimously carried. Mr. Painter was not present during this vote.

Mr. West made a motion, seconded by Mr. Esslinger, to approve the following application:

Request for Exemption Pursuant to Rule and Regulation 4.2.3:

Timothy Layton – Sponsored by William Diveley

The motion was unanimously carried. Mr. Painter was not present during this vote.

Mr. Painter was present for the remainder of the agenda items.

Council on Real Estate Appraisers

Minutes – May 18, 2006

Page 6

Other Business Before the Board (for discussion only)

There was no other business before the Council.

Public Comment

Mr. Eric Savage addressed the Council. He suggested that other states should incorporate the language on the course certificate stating that the course is approved.

Next Scheduled Meeting

The next meeting will be held on Tuesday, June 20, 2006 at 9:30 a.m. in Conference Room A, second floor of the Cannon Building, 861 Silver Lake Boulevard, Dover, Delaware

Adjournment

There being no further business, Mr. Huston made a motion, seconded by Mr. Painter, to adjourn the meeting at 12:20 p.m. The motion was unanimously carried.

Respectfully submitted,

Dana M. Spruill

Administrative Specialist II

[pic]

|Cannon Building |STATE OF DELAWARE |Telephone: (302) 744-4500 |

|861 Silver Lake Blvd., Suite 203 |DEPARTMENT OF STATE |Fax: (302) 739-2711 |

|Dover, Delaware 19904-2467 | |Website: dpr. |

| |DIVISION OF PROFESSIONAL REGULATION | |

PUBLIC MEETING MINUTES: COUNCIL ON REAL ESTATE APPRAISERS

MAY 18, 2006 DISCIPLINARY HEARING OF BRENDA HOOPES

MEETING DATE AND TIME: Tuesday, May 18, 2006 at 10:00 a.m.

PLACE: 861 Silver Lake Boulevard, Dover, Delaware

Conference Room A, second floor of the Cannon Building

MINUTES APPROVED: June 20, 2006

MEMBERS PRESENT

Donald West, Professional Council Member, Chairperson, Presiding

Charles Witt, Professional Council Member, Vice-Chairperson, Recused

George Fantini, Professional Council Member

Richard Bauermeister, Public Council Member

Kevin Esslinger, Public Council Member

Stephen Huston, Professional Council Member

DIVISION STAFF/DEPUTY ATTORNEY GENERAL

Abby Adams, Deputy Attorney General, Attorney for Council on Real Estate Appraisers

Dana Spruill, Administrative Specialist II

Patricia Murphy, Deputy Attorney General, Attorney for State

Jean Betley, Investigator, Division of Professional Regulation

Randall Mosley, Investigator, Division of Professional Regulation

MEMBERS ABSENT

Arthur Cahall, Public Council Member

Erik Painter, Public Council Member

ALSO PRESENT

Eric D. Savage

Council of Real Estate Appraisers

Hearing Minutes - May 18, 2006

Page 2

Bradford Levering

Christopher W. Smith

Genevieve H. Ritter, Court Reporter, Delmarva Reporting

The hearing was called to order by Mr. West at 10:41 a.m. Mr. Witt was present during the hearing but did not participate. Mr. Witt was recused from the hearing since he was the assigned contact person. Mr. Painter was not present during the hearing because he was recused due to a conflict of interest. The Council members present received a

photocopy of the Complaint. DAG Adams made introductory statements. All persons present introduced themselves. Ms. Hoopes was not present. The Council introduced two exhibits reflecting notice given to Ms. Hoopes regarding the hearing date and the correspondence received in response. Ms. Hoopes was previously granted an extension on March 23, 2006 of the hearing scheduled for that date. The State did not oppose that extension. DAG Adams read the majority of the April 3, 2006 and May 18, 2006 letters into the record with the exceptions of phone numbers and proposed discipline suggested by Ms. Hoopes. DAG Murphy stated that the State objected to Ms. Hoopes request for a second extension and that the State was prepared to move forward and has now been present and prepared twice with the same excuse for the continuance request presented each time. The Council members discussed Ms. Hoopes’ request for an extension. The Council unanimously agreed that Ms. Hoopes had ample time to prepare.

At 10:55 a.m., opening remarks were made by DAG Patricia Murphy on behalf of the State.

At 10:56 a.m., DAG Murphy called her first witness, Bradford Levering. Mr. Levering was sworn and testified that he is a residential real estate appraiser and has been licensed in Delaware for at least 15 years. He is self-employed at Levering Appraisal Group in Newark. Mr. Levering stated that he was contacted to perform an appraisal and requested a copy of the appraisal report that had been previously prepared. Mr. Levering reviewed State Exhibit #1 which was a copy of the appraisal prepared by Ms. Hoopes as part of her appraisal. On page 4 of the appraisal which was the comparable group page, 5 Columbus Circle in Newark is listed as $234,900. The property was listed at that price. Mr. Levering reviewed State Exhibit #2 which was the Trend MLS report on 5 Columbus Circle. This report shows the features of the property and that it actually sold for $228,000. Mr. Levering reviewed Comparable #2 which was 11 Salem Church Road. The State advised that it was unable to find a record for 11 Salem Church but found a 411 and that property was withdrawn (taken off the market) at $259,000 and then placed back on the market at a$239,000, and sold at $237,500. Comparable #3 was listed as 321 Four Seasons Dr., Newark. The last page of Exhibit #2 shows a map of the property and the three comparables. State Exhibit #3 was reviewed. On September 28, 2004, the subject property was purchased at $195,000. On March 30, 2005, Ms. Hoopes appraised the subject property for $241,000, which is $46,000 increase in six months. Mr. Levering testified that after he finished his review of the previously performed appraisal, he filed a complaint.

The Council asked questions of Mr. Levering. Mr. Levering advised that he called Ms. Hoopes three times but never spoke with her. He did not indicate why he was calling because he felt that then she would not return his phone call. Mr. Levering did not perform the appraisal that he

was requested to perform because he knew that the appraisal was strongly wrong. He did not take the person’s money. Mr. Levering testified that he knew she could not obtain a higher value than the previous appraisal. He absolutely would not have looked outside the subject development because there was so much in the development. He thoroughly inspected the property. The items indicated in the appraisal as new were all upgraded prior to the purchase of the home.

Council of Real Estate Appraisers

Hearing Minutes - May 18, 2006

Page 3

During Mr. Levering’s testimony, State Exhibits #1, #2, and #3 were marked. At 11:17 a.m., Mr. Levering was excused.

At 11:17 a.m., a brief recess was called. At 11:20 a.m., the hearing resumed.

At 11:20 a.m., Mr. Randall Mosley was called by DAG Murphy to testify. Mr. Mosley was sworn and testified that he is an investigator for the Delaware Division of Professional Regulation. Mr. Mosley testified that he investigated the complaint filed by Mr. Levering against Ms. Hoopes. He attempted to locate the Four Seasons Drive and could not. He found a Four Seasons Parkway, but he could not locate that house number on that road. Mr. Mosley testified that he spoke with Ms. Hoopes on phone. He did not interview her personally. Ms. Hoopes advised Mr. Mosley that she had a problem with her internet connection and could not provide documents requested. Mr. Mosley requested a copy of her work file and report. A meeting was scheduled for them to meet at Bob Evans in Milford. Ms. Hoopes cancelled and said he could reschedule. Mr. Mosley tried to contact Ms. Hoopes but was unable. A second appointment was scheduled to take place at the Division of Professional Regulation. This did not occur. Mr. Mosley has never met Ms. Hoopes face to face. Ms. Hoopes responded in an e-mail with comments that she did not practice due diligence when she prepared this appraisal. Ms. Hoopes works out of her home in Bethany. Mr. Mosley was unable to set a meeting. Mr. Mosley had a subpoena to obtain the records so he went to Ms. Hoopes office and left his business card there. At 11:25 a.m., Mr. Mosley was excused.

At 11:26 a.m., closing remarks were made by DAG Murphy on behalf of the State. At 1:00 p.m., the public hearing portion of the hearing closed and deliberations began. Mr. Huston made a motion, seconded by Mr. Bauermeister, to go off record. The motion was unanimously carried.

At 12:15 p.m., the public hearing reconvened. Mr. Huston made a motion, seconded by Mr. Esslinger, that Ms. Hoopes’ license be placed on suspension for two (2) years,

that she be required to successfully complete an additional 15-hour USPAP course, and that this course may not be used to meet the continuing education requirement for license renewal. The motion was unanimously carried. Although present, Mr. Witt was not involved in the discussion or the vote.

At 12:18 p.m., the hearing adjourned. Verbatim transcript of the proceedings were taken by the court reporter.

Respectfully Submitted,

Dana M. Spruill

Administrative Specialist II

Board Exhibits:

1. Letter dated March 22, 2006 to Ms. Spruill from Amanda Hoopes Bucklew (two

faxed copies).

2. E-mail dated May 18, 2006 to Dana Spruill from Patricia Moore with following attachments:

Letter dated April 3, 2006 to Dana from Brenda Hoopes; and

Letter dated May 17, 2006 to Dana from Brenda Hoopes.

Council of Real Estate Appraisers

Hearing Minutes - May 18, 2006

Page 4

State’s exhibits:

1. Appraisal report dated March 30, 2005, prepared by Brenda Hoopes

2. TreNDMLS reports regarding 5 Columbus Circle, Newark, DE and 411 Salem Church

Road, Newark, DE; New Castle County Parcel Details regarding 411 Salem Church Road, Newark, DE; and map showing comparable properties

3. TreNDMLS reports regarding 221 Oakfield Dr., Newark, DE; 1215 Pinefield Road, Newark, DE; 320 Deerfield Road, Newark, DE; 270 Oakfield Dr., Newark,

DE; 223 Oakfield Drive, Newark, DE; and 177 Pinefield Court, Newark, DE.

................
................

In order to avoid copyright disputes, this page is only a partial summary.

Google Online Preview   Download