861 Silver Lake Blvd., Suite 203 / DEPARTMENT OF STATE / Fax: (302) 739-2711
Dover, Delaware19904-2467 / Website:
DIVISION OF PROFESSIONAL REGULATION
MEMBERS PRESENT
Donald West, Professional Council Member, Chairperson, Presiding
Charles Witt, Professional Council Member, Vice-Chairperson
George Fantini, Professional Council Member
Richard Bauermesister, Public Council Member
Stephen Huston, Professional Council Member
Arthur Cahall, Public Council Member
Kevin Esslinger, Public Council Member
Neal Scott, Professional Council Member
Division Staff/Deputy Attorney General
Abby Adams, Deputy Attorney General
Gayle Melvin, Administrative Specialist III
Monique K. Hampton, Administrative Specialist II
Members Absent
Erik Painter, Public Council Member
Call to Order
Mr. West called the meeting to order at 1:37 p.m.
Review and Approval of Minutes
The Council reviewed the minutes for theSeptember 21, 2006 meeting. Mr. Fantini made a motion, seconded by Mr. Esslinger to approve the minutes for the September 21, 2006 meeting as submitted. The motion was unanimously carried.
DE Council of Real Estate Appraisers
Meeting Minutes – October 17, 2006
Page 2
Unfinished Business
Discussion on Licensure of Tax Assessors
The Board discussed the issue of licensure of tax assessors. Donald Capuano, the head assessor for the City of Doverhas agreed to research this issue and present a recommendation to the Council.
Update on Newsletter
Mr. Witt submitted a draft of the newsletter and advised that a final copy will be sent to Ms. Hampton by the beginning of next week.
Discussion on Revision to Rules and Regulations
Ms. Adams reviewed the changes to Sections 4.1.1 and 4.2.2. She deleted the term “licensed” to reflect the changes that licensed real property appraisers will no longer be allowed to supervise an appraiser trainee. Ms. Adams advised that the statute will need to be changed as well. The Board requested that a revision be made to section 2.3.2.2 that requires licensees to obtain a minimum of 2 hours of ethics education. Mr. Huston expressed concerns that most appraisers are not aware of the new 2-hour requirement for the Delaware Law, Rules & Regulations course for continuing education. He felt that a mass mailing should go out to all appraisers advising them of the changes in the continuing education requirements. Mr. Witt stated that Mr. Collins did advise that appraisers were notified of the changes. Ms. Hampton will contact Mr. Collins to make sure that appraisers were notified. Mr. Witt advised that this course was approved for a minimum of 2 hours but not to exceed 3 hours.
Mr. Witt expressed his concern about appraiser trainees being allowed to appraise properties that are higher in value than those that a licensed real property appraiser is able to do. Mr. Witt also brought up the issue that many appraiser trainees do not place their signatures on the actual appraisals. The only signature present is that of the supervisor. Mr. West suggested that this may not be an issue due to the fact that ultimately the appraisal falls under the responsibility of the supervisor. Mr. Scott expressed that he felt supervisors should be present during all inspections. Mr. Witt explained that with the new AQB Guidelines this should not be a problem in the future.
Feedback on 2006 Annual Council on Real Estate Appraisers Seminar
Council members were pleased with the turn out at the annual seminar and enjoyed the speaker. Some of the participants also contacted council members to express their delight with the seminar.
Sign Final Order for Deborah Rogers Hearing Held on September 21, 2006
The Council members reviewed the final order for Deborah Rogers and recommended changes to Ms. Adams. Ms. Adams made the changes and the Council members signed the order.
DE Council of Real Estate Appraisers
Meeting Minutes – October 17, 2006
Page 3
Review of Tabled Application for Licensed Real Property Appraiser – Warren Deitcher
Mr. Deitcher was required to have his supervisor submit a letter explaining that he in fact did supervise the appraisals and endorsed the work. The Council reviewed the letter. Mr. West made a motion, seconded by Mr. Witt to approve Mr. Deitcher to sit for the exam.
The motion was unanimously carried.
Discussion on Brenda Hoopes’ Appeal to Order
No action was taken. Ms. Adams advised that this item be removed from the agenda.
Discussion of Revision to Rules & Regulations For Expired Licensees
Currently, licensees who allow their license to lapse for more than 12 months must apply for a new license. The Board recommended that these applicants be required to take an additional course as a prerequisite for licensure. Ms. Adams advised that she spoke with Ms. Reardon and stated that this new requirement would require a change in the Statute.
Draft of Proposed Revisions to Appraiser Experience Log and Instructions
Ms. Hampton submitted the changes to require appraiser trainees to submit a letter from the supervisor stating that the appraisals were done under his/her supervision and endorse the appraisal work. The Council reviewed the changes and approved them. Ms. Hampton will add the changes to the website.
Complaint
Mr. Charles Wittwas assigned to complaint No. 19-06-06.
Complaint to Close
Mr. Fantini concurred with the Division’s decision to close complaint no. 19-05-06.
New Business
Field Review Scheduled for January 17-18, 2007
Ms. Hampton informed the Council that a field review will be conducted in January. It does not require action on the Council’s part. This item was just for informational purposes.
Review of Reciprocity/Certified General Real Property Appraiser Application
Mr. Bauermeister made a motion, seconded by Mr. Huston to approve the application for Don A. McClenahan.The motion was unanimously carried.
DE Council of Real Estate Appraisers
Meeting Minutes – October 17, 2006
Page 4
Review of Reciprocity/Certified Residential Real Property Appraiser Applications
Mr. Bauermeister made a motion, seconded by Mr. Esslinger to approve the following applications:
Eric B. Beamer–contingent upon receipt of Federal Registry Fee
Rena D. Fox – contingent upon receipt of Federal Registry Fee
Rochelle W. Mooney
The motion was unanimously carried.
Review of Certified Residential Real Property Appraiser Applications
Mr. Witt made a motion, seconded by Mr. Esslinger to approve the application for Mark E. Hurlock. The motion was unanimously carried.
Mr. Witt made a motion, seconded by Mr. Esslinger to approve the following applicants to sit for the Certified Residential Real Property Appraiser exam:
Brendon M. Murray
Donald W. Wilson, Jr.
The motion was unanimously carried.
Review of Licensed Real Property Appraiser Application
Mr. Witt made a motion, seconded by Mr. Cahall to approve the following applications:
Thomas J. Deaver
Jahn M. Noonan
The motion was unanimously carried.
Review of Appraiser Trainee Applications
Mr. Bauermeister made a motion, seconded by Mr. Esslinger to approve Teresa B. Strine as an appraiser trainee. The motion was unanimously carried.
Mr. Bauermeister made a motion, seconded by Mr. Esslinger to approve Beth E. Anderson as an appraiser trainee, contingent upon receipt of the licensure fee. The motion was unanimously carried.
Review of Applications for Exemption Pursuant to Rule & Regulation 4.3.3
Mr. Fantini made a motion, seconded by Mr. Witt to approve the following applications for an exemption pursuant to Rule & Regulation 4.3.3
Mary Lee Horeis – Sponsored by Joe Wells & Elizabeth Reagan
Linda Marvel – Sponsored by Joe Wells & Elizabeth Reagan
The motion was unanimously carried.
DE Council on Real Estate Appraisers
Meeting Minutes – October 17, 2006
Page 5
Review of Continuing Education Activities
Mr. Huston made a motion, seconded by Mr. Esslinger to add Allied Business Schools to the agenda and approve the following course already approved by the AQB:
Appraiser’s Guide to Real Estate Law – 15 hours
The motion was unanimously carried.
Mr. Huston made a motion seconded by Mr. Esslinger to approve the following providers and courses for continuing education:
CareerWebSchool
Basic Appraisal and Reports – Internet & CD-Rom – 75 hrs
2006 7-Hour USPAP Update Course – Internet & CD-Rom– 7 hrs
Residential Market Analysis and Highest and Best Use – Internet & CD-Rom – 15 hrs/14 hrs
Residential Appraiser Site Valuation and Cost Approach – Internet & CD-Rom – 15 hrs/14 hrs
Delaware Chapter Appraisal Institute
Legislative Update on State and National Levels for Appraisal Issues – 2.0 hrs
Allterra Consulting Group, LLC
Survival of the Fittest/The Secondary Mortgage Market – 7.0 hrs
The motion was unanimously carried.
Other Business before the Board (for discussion only)
Mr. Witt reported on his conversation at dinner with Mr. Accetta, the speaker at the seminar, regarding how we hold disciplinary hearings. Mr. Witt explained to Mr. Accetta that deliberations are held in public. Mr. Accetta advised that we were the only state he is aware of that handles deliberations in this manner. Mr. Witt requested an explanation of the reasons why deliberations could not be held in private. He expressed his concern that Board members may not be as forward or as upfront with enforcing the rules and law because of the open forum. Ms. Adams did explain that the deliberations must be done in a public setting due to the Delaware Freedom of Information Act. Each state’s FOIA can be different, which is why boards in some states are able to deliberate in private.
Mr. Witt wanted an explanation as to why the determinations are not made known to the public by the Council. Ms. Adams explained that the reason is because the determinations must be finalized before they become public information
Mr. Bauermeister recommended that the contact person of a complaint be allowed to testify. Mr. Witt recommended that the contact person, investigator and the Deputy Attorney General meet before the hearing to make sure all of the information is covered.
Public Comment
There was no public comment.
DE Council of Real Estate Appraisers
Meeting Minutes – October 17, 2006
Page 6
Adjournment
There being no further business before the Council,Mr. Witt made a motion, seconded by Mr. Huston to adjourn the meeting at 2:53 p.m. The motion was unanimously carried.
Respectfully submitted,
Monique K. Hampton
Administrative Specialist II