Board of Architects
Minutes – December 6, 2006
Page 2
Cannon Building / STATE OF DELAWARE / Telephone: (302) 744-4500861 Silver Lake Blvd., Suite 203 / DEPARTMENT OF STATE / Fax: (302) 739-2711
Dover, Delaware 19904-2467 / Website: www.dpr.delaware.gov
DIVISION OF PROFESSIONAL REGULATION
PUBLIC MEETING MINUTES: BOARD OF ARCHITECTS
MEETING DATE AND TIME: Wednesday, December 6, 2006 at 1:30 p.m.
PLACE: 861 Silver Lake Blvd., Dover, Delaware
Conference Room B, second floor of the Cannon Bldg.
MINUTES APPROVED: January 3, 2007
MEMBERS PRESENT
Arden Bardol, RA, President, Presiding
Peter Jennings, RA
Charles Weymouth, RA
Julia C. Hopkins, Public Member
Goodwin Cobb, Public Member
Steven Atchley, Public Member
Loretta Wooten, Public Member
DIVISION STAFF/DEPUTY ATTORNEY GENERAL
Andrew Kerber, Deputy Attorney General
Kay Warren, Deputy Director, Division of Professional Regulation
Monique Hampton, Administrative Specialist II
MEMBERS ABSENT
Alvin French, RA
Jean McCool, RA, Secretary
ALSO PRESENT
Herman Bender
Janice Bender
Ann M. Calligan, Court Report
1.0 CALL TO ORDER
Ms. Bardol called the meeting to order at 1:47 p.m.
2.0 REVIEW OF MINUTES
The Board reviewed the minutes. Mr. Weymouth requested that amendments be made to the minutes. Ms. Hopkins made a motion, seconded by Ms. Bardol to approve the November 1, 2006 as amended. The motion was unanimously carried.
3.0 UNFINISHED BUSINESS
Proposal to Deny Hearing – 1:30 p.m. – Herman Bender
Ms. Bardol called the hearing to order at 2:00 p.m.
Mr. Kerber made his opening statement and presented two exhibits: Exhibit A – Letter sent to Mr. Bender advising of the Board’s proposal to deny his application; and Exhibit B – Letter sent to Mr. Bender advising of the schedule for the hearing.
Mr. Bender was sworn in, presented his case and made his closing statement.
The Board went off the record at 2:32 p.m. and held deliberations.
The Board went back on the record at 2:46 p.m. Mr. Jennings made a motion, seconded by Mr. Weymouth to deny Mr. Bender’s application because he doesn’t meet the standards for a reciprocal license which requires that an applicant either have a NCARB certificate or hold a professional degree accredited by the NAAB. The motion was unanimously carried.
The hearing was called to a close at 2:50 p.m.
The motion was unanimously carried.
Status of Draft Letter from Passed Legislation – H.B. 311
Mr. Kerber submitted the changes to the proposed notice to the Board and building official(s) concerning of sealed technical submissions done by an architect who is not employed to furnish construction contract administration services. The Board made their final recommendations of changes. Mr. Cobb made a motion, seconded by Ms. Hopkins to amend the notice. Mr. Weymouth voted against the motion. The motion was carried by a majority vote. A final draft will be submitted at the next meeting. Ms. Bardol requested that the Rules & Regulations Committee put a process in place on how the notice will be used.
Report on Status of Joint Architecture and Engineer Advisory Committee (JAC) – Ms. Bardol
Ms. Bardol advised that the JAC committee wanted to know the minimum requirements when contract administration services are rendered. The JAC committee also requested a copy of the notice for their review. She recommended that this be something that the Rules & Regulation Committee will handle.
Discussion on Sussex County Seal Requirements – Mr. Weymouth
Ms. Bardol asked Mr. Weymouth for a copy of the proposed ordinance. The Board members indicated that they did not receive a copy at the last meeting. Mr. Weymouth explained that Mr. French gave him a copy of the proposed ordinance. Mr. Weymouth agreed to send a copy of the proposed ordinance to Ms. Hampton for distribution to the Board. Ms. Bardol advised that she will present it to the JAC upon receipt.
Discussion on Board-Administered Training for Complaints
Ms. Bardol distributed a list of questions for the Board to consider before initiating the training to the .. The list also had items that the Board may want to cover with the Division’s investigators. Mr. Cobb recommended that the board consider having at least two training sessions. Ms. Bardol advised that Mr. Nickerson, the supervisor for the Division’s investigative unit, agreed that the contact person for a complaint should be informed from the beginning to the end of a complaint process. Ms. Hampton agreed to forward the document presented by Ms. Bardol to Mr. Collins and the investigators. Ms. Bardol recommended that the training sessions take place outside of the regular board meeting times.
Discussion on Member Board Executives Workshop – Ms. Hampton
Ms. Hampton gave a summary of the items discussed at the workshop along with answers to the specific questions that the Board at the 10/04/2006 meeting:
1. What is the process that other states are taking to cross check disciplinary actions?
Ms. Hampton reported that other states use the same process Delaware does to cross check disciplinary actions. They use letters of good standing and the disciplinary database.
2. What are the processes taken to report disciplinary actions to NCARB?
Ms. Hampton reported that there was no consistent process taken to report disciplinary actions. However, NCARB continues to encourage each state to report the disciplinary actions to the database. Many states reported issues with imposing sanctions for unlicensed practice. NCARB provided the attendees with a website that assists with tips on regulating unlicensed practice. The website is www.FARB.org. There is a another website that helps the investigative staff with regulating licensees. This website is www.clearhq.org.
3. What type(s) of publications are done to report disciplinary actions?
Ms. Hampton reported that there were no publications used to report disciplinary actions. She spoke specifically with James S. Hsu, the Board Executive for the Sstate of New Jersey. He indicated that NJ did not have a publication in place. There were no representatives present from the state of Pennsylvania.
4. Do these states track specifically how long it takes candidates to take the exam?
New Jersey’s response was that the testing service keeps track of how long it takes candidates to take the exam.
5. Do they keep statistics on how many people pass/fail the exam?
New Jersey’s response was that the testing service keeps statistics on how many people pass/fail the exam.
Ms. Hampton also advised the Board of the ARE Update that will to launch in 2008. NCARB also offers “Direct Eligibility” and “Direct Registration” to Boards that have adopted the 5 year rolling clock.
The Direct Eligibility program allows NCARB to automatically enter candidate eligibility information into the ARE databases. This reduces the processing time and eliminates the need for Member Boards to enter eligibility on their own. However, each jurisdiction would still manages all of the other processes related to licensing a candidate and sending scores to the candidate.
The Direct Registration program allows NCARB to manage all score reporting processes and candidate eligibility information. NCARB would monitor every division of the ARE and communicate the results directly to the ARE candidate. Once the candidate has successfully completed all of the divisions of the ARE, the candidate’s file would be sentd send to Delaware for final approval of licensure. Currently whenever a candidate completes the IDP program, he/she would submit an application to the Board of Architects to sit for the exam. The Direct Registration program would eliminate the need for the Delaware Board to review the application to sit for the exam. Instead, the candidate would apply for authorization to test directly to NCARB. If a candidate is eligible to sit for the exam, NCARB’s Record Services department would ill send a letter to the intern advising them of their authorization to test. This service is available to candidates who meet NCARB’s education and training requirements. If there is a candidate who does not meet the requirement, then the Delaware board would ill continue to manage these files from beginning to end. Ms. Hampton reported that currently there are 13 states participating in the Direct Registration program.
Ms. Hampton also reported that NCARB can now submit IDP via email to the Member Boards.
Final Denial of Application for Daniel Patane
The Board had previously proposed-to-deny the application of Daniel Patane. The applicant did not request a hearing. Mr. Weymouth made a motion, seconded by Mr. Jennings to deny the application for licensure for Daniel Patane. The motion was unanimously carried
Review of Tabled Application for Christine Bolender
Mr. Weymouth made a motion, seconded by Ms. Hopkins to approve Christine Bolender for licensure through reciprocity by direct application. The motion was unanimously carried.
4.0 NEW BUSINESS
Review of Reciprocity Applications by NCARB
Mr. Cobb made a motion, seconded by Mr. Weymouth to approve the following applicants for licensure through reciprocity with NCARB certificates:
Joseph Nicholson
Kevin Blackney
Timothy Neumann – Contingent Upon Receipt of Balance of License Fee
Joseph A. Deluca
John Hayes
Gerald Rembowski
Randall Dover
David Murphy
George Badger
John Timko
Paul J. Torp
Dan S. Mitchell
Richard E. Lanory, Jr.
Catherine M. Bell
Dennis D. Beese
Nalini Parikh
Douglas Cohen
The motion was unanimously carried.
Review of Application for Licensure by Written Examination
The Board reviewed the final exam results for William Lenihan.
Mr. Jennings made a motion,
seconded by Mr. Cobb to approve William J. Lenihan for licensure by written
examination. The motion was unanimously carried.
Review of Reciprocity Application by Direct Reciprocity
Mr. Jennings made a motion, seconded by Ms. Hopkins to table the application for Gregory Scott Widdall pending receipt of the request for a waiver of IDP.
The motion was unanimously carried.
5.0 Other Business Before the Board (for discussion only)
Ms. Bardol stated that she had a conversation with Mr. French regarding the Rules & Regulations Committee. Mr. French requested that another person chair the Committee.
Ms. Bardol asked Mr. Jennings to chair the Committee. Mr. Jennings agreed.
Ms. Bardol stated that she was contacted by Pat Riley concerning the use of the letters “AIA” after an architect’s name. Ms. Riley advised Ms. Bardol that only registered architects are allowed to use that title. However, an architect that is registered in at least one state can use the title in other states. Ms. Bardol asked that this item be placed on the agenda for the next Rules & Regulations Committee meeting. Mr. Jennings recommended that we keep track of what the neighboring states are doing.
Mr. Jennings reported that he attended a recent Broadly Experience Foreign Architects program (BEFA) meeting. He stated that 250 people have gone through the program. The candidates are currently being interviewed by the BEFA board before certificates are issued.
Mr. Weymouth requested that an item be placed on the agenda regarding online testing of the ARE for candidates currently pursuing a graduate degree to discuss their eligibility to test prior to graduation. The Board did not agree to have this item added to the agenda.
6.0 Public Comment
There was no public comment.
7.0 Next Scheduled Meeting
The next meeting will be held on Wednesday, January 3, 2007 at 1:30 p.m. in Conference Room B, second floor of the Cannon Building, 861 Silver Lake Boulevard, Dover, Delaware.
8.0 Adjournment
There being no further business, Mr. Weymouth made a motion, seconded by Mr. Jennings, to adjourn the meeting at 4:25 p.m. The motion was unanimously carried.
Respectfully submitted,
Monique K. Hampton
Administrative Specialist II