DE Council of Real Estate Appraisers
Meeting Minutes – April 15, 2008
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
Members Present
Steven Huston, Professional Member, Chairperson
George Fantini, Professional Member, Vice-Chairperson
Donald West, Professional Member
Stephen Simmons, Public Member
Richard Bauermeister, Public Member
Arthur Cahall, Public Member
Division Staff/Deputy Attorney General
Kay Warren, Deputy Director
Chris Spizzirri, Deputy Attorney General
Nicole Williams, Administrative Specialist II
Members Absent
Charles Witt, Professional Member
Neal Scott, Professional Member
Kevin Esslinger, Public Member
Others Present
William Diveley
J. Daniel Nolan
Stephen J. Nolan
John S. Pietuszka
Barbara Gadbois
Laura J. Hartnett
Jean Betley
Call to Order
Mr. Huston called the meeting to order at 9:35 a.m.
Review and Approval of Minutes
The Council reviewed the minutes for the March 18, 2008 meeting. Mr. Fantini made a motion, seconded by Mr. Bauermeister to approve the minutes from the meeting minutes as submitted. The motion was unanimously carried.
Unfinished Business
Disciplinary Hearing – John S. Pietuszka
Mr. Huston called the disciplinary hearing to order at 9:43 a.m. and announced the reason for this disciplinary hearing. The Council made introductions and Mr. John S. Pietuszka introduced himself to the Council. Mr. Huston went on the record to acknowledge that Mr. Pietuszka did not have Counsel to represent him. Mr. Pietuszka was sworn in to testimony by the court reporter.
Mr. Huston opened up the hearing for each sides opening statements. The State provided the Council with their opening statements.
The State requested that the Council approve submission of Exhibit 1 into the hearing. The Council so moved.
In review of Exhibit 1 Mr. Pietuszka advised the Council that he did not have adequate time to review the comparable of page 26 of State Exhibit 1. The State requested that the Council strike page 26 of Exhibit 1. The Council so moved. The State cross examined Mr. Pietuszka.
9:50 a.m. Deputy Director, Kay Warren, entered the meeting.
The Council cross examined Mr. Pietuszka. Mr. Pietuszka had no closing statements. The State provided the Council with closing statements. Mr. Pietuszka rebutted to the States closing statement by providing an arguing statement.
The Council went off the record for deliberations at 10:05 a.m. The Council went back on the record at 10:33 a.m. Mr. Fantini made a motion, seconded by Mr. Simmons, to impose Mr. Pietuszka with a $500 fine and 6 months probation for practicing outside his license scope and negligence. During Mr. Pietuszka’s 6 months of probation he is to report to the Council monthly with a written statement that he is currently practicing within his scope. The motion was carried unanimously.
The disciplinary hearing for Mr. Pietuszka adjourned at 10:37 a.m.
Show Cause Hearings – J. Daniel Nolan, Robert W. Rogers and Beth R. Hoffman
The Council went on the record at 10:42 a.m. for the Show Causing hearing for Mr. J. Daniel Nolan. Mr. Huston explained the reason for this hearing. The Council made introductions. Mr. Nolan was sworn into testimony by the court reporter. DAG Mr. Spizzirri submitted Exhibits 1 through 8 to be entered into the hearing. The Council so moved.
Mr. Nolan gave his opening statements. The Council cross examined Mr. Nolan.
The Council went off the record at 10:54 a.m. for deliberations. The Council went back on the record at 11:06 a.m. Mr. Fantini made a motion, seconded by Mr. Simmons to place Mr. Nolan on a 30 day suspension.
The hearing adjourned at 11:07 a.m.
Robert W. Rogers – Request for Continuance
The Council reviewed the letter of request for a continuance for the May meeting submitted by Mr. Rogers. Mr. West made a motion seconded by Mr. Bauermeister to approve the continuance for Robert W. Rogers until the May meeting. The motion was unanimously carried.
Beth R. Hoffman – Review of Letter
The Council reviewed the letter of request submitted by Beth R. Hoffman to voluntarily surrender her Delaware Appraiser license as she does not perform appraisals in Delaware but rather she completed appraisal reviews and currently is residing out of the state. Mr. Bauermeister made a motion seconded by Mr. Fantini to approve Ms. Hoffman’s letter of request to voluntarily surrender her Delaware appraiser license with no action taken against her license record. The motion was unanimously carried.
Status of Complaints
There were none at this time.
Rules and Regulations
Final Order
The Council reviewed the Final Order from the Rules and Regulations hearing held at the March meeting. Mr. West made a motion seconded by Mr. Fantini to approve the Rules and Regulations Final Order as submitted. The motion was unanimously carried.
Proposed New Changes: DE 2 Hour Course
The Council discussed that they would like to change the Rules and Regulations pertaining to the mandatory 2 hour Delaware Laws Rules and Regulations course for license renewal to become a 3 hour course to be taken in state in a traditional classroom. Mr. West made a motion seconded by Mr. Bauermeister to accept the proposed change to the number of hours of the DE Laws Rules and Regulations course from 2 to 3 hours and that the course has to be taken in state in a traditional classroom. The motion was unanimously carried.
Reciprocity and Verifications
Ms. Williams advised the Council that currently the requirements for licensure by reciprocity require the applicants to submit a letter of good standing from all states they are or ever held a license. Additionally Ms. Williams explained that this process could be extremely time consuming as the Appraisal Subcommittee requires a federal registry check on all appraiser applicants which will show if an applicant has a disciplinary action on file. The only official verification needed is that from the applicant’s home state of licensure, the state where the applicant obtained the license by examination. The Council decided to discuss this in further detail at a later meeting.
Final Orders for the 3/18/08 Show Cause Hearings
The Council reviewed the five Final Orders for the Show Cause Hearings that were held at the March meeting. Mr. West made a motion seconded by Mr. Bauermeister to accept the five Final Orders as submitted. The motion was unanimously carried.
Letters of Reprimand for Complaints 19-04-07 and 19-05-07
Mr. Huston reviewed the Letters of Reprimand for complaints 19-04-07 and 19-05-07 and accepted both letters as submitted.
New Business
Complaints
There were no new complaints at this time.
Review of Licensed Real Property Appraiser Applications
There were none to be reviewed at this time.
Review of Reciprocity/Licensed Real Property Appraiser Applications
The Council reviewed the Licensed Real Property Appraiser application for Brett Ungar of Maryland. Mr. Fantini made a motion, seconded by Mr. Bauermeister to approve Mr. Ungar as a Licensed Real Property Appraiser by Reciprocity. The motion was unanimously carried.
Review of Reciprocity/Certified Residential Real Property Appraiser Applications
The Council reviewed the applications for Kevin McCullough of Maryland, Neil A. Riggs of New Jersey and Deanna L. Bay of Maryland. Mr. Fantini made a motion, seconded by Mr. West to approve the above applicants as Certified Residential Real Property Appraisers by Reciprocity. The motion was unanimously carried.
Review of Certified Residential Real Property Appraiser Applications
The Council reviewed the application for Stacey W. Horsey and her passing exam results as well as her experience work log. Mr. Fantini made a motion, seconded by Mr. West to approve the above applicant as a Certified Residential Real Property Appraiser by Reciprocity. The motion was unanimously carried.
Review of Reciprocity/Certified General Real Property Appraiser Applications
There were none at this time.
Review of Certified General Real Property Appraiser Applications
There were none at this time.
Review of Applications for Appraiser Trainees
The Council reviewed the applications for appraiser trainee Robin Quann with Agnes A. Conrad as her supervisor and the trainee application for Thomas J. Walpole with Don A. McClenahan. Mr. Bauermeister made a motion seconded by Mr. West to approve Ms. Quann and Mr. Walpole for licensure as appraiser trainees. The motion was unanimously carried.
Review of Temporary Permit Applications (for discussion only)
The Council reviewed the temporary practice permits that were issued to Jeffery P. Williamson and Jeffrey R. Shouse. The Council accepted the temporary practice permit applications as submitted.
Review of Continuing Education Activities
Mr. Huston made a motion, seconded by Mr. Bauermeister to approve the following continuing education courses:
New Castle County Board of REALTORS
Uniform Standards to Professional Appraisal Practice – 15 QE hrs
Commercial Real Estate School
Introduction to Commercial Investment Real Estate Analysis – 14 CE hrs
Appraisal Institute
Appraisal Review Seminar-General – 7 CE hrs
American Society of Farm Managers and Rural Appraisers, Inc.
General Market Analysis and Highest Best Use (A-290) – 30/28 QE/CE hrs (pending AQB Approval)
AQB and/or IDECC Approved Continuing Education Activities
Van Education Center
Uniform Residential Appraisal Report (URAR) – 8 CE hrs
Dynasty School
Real Estate Finance – Appraiser’s Edition – 45 QE hrs
Career WebSchool
Residential Appraisers Sales Comparison and Income Approaches – 30 QE hrs
Appraisal Institute
Online 7-Hour National USPAP Equivalent Course – 7 CE hrs
The motion was unanimously carried.
Review of Deficient Continuing Education Audits – Brough E. Treffer
The Council reviewed the continuing education audit information Mr. Treffer submitted. Mr. Treffer failed to complete the mandatory 7 hour USPAP course and he 2 hour Delaware Laws, Rules and Regulations course as a condition to meeting all continuing education requirements for renewal in the State of Delaware. The Council determined that Brough E. Treffer must come before the Council for a Show Cause Hearing at the May meeting to explain the deficiency in his continuing education audit.
Reciprocity Agreements
Ms. Williams advised the Council that Indiana, New York and Arizona each sent via email a request to enter into a reciprocity agreement with Delaware. Mr. Spizzirri advised the Council that their current statute does not permit Delaware to enter into any reciprocity agreements with other states. The Council made no further action as Ms. Williams will send the above three mentioned states a letter in regards to their request.
Comment Period
The Council so moved to table this until the May meeting.
Post Audit Percentage
The Council so moved to table this until the May meeting.
Other Business before the Council (for discussion only)
There was no other business before the Council.
Public Comment
There was no public comment.
Next Meeting
The next meeting is scheduled for May 20, 2008 at 9:30 a.m. in Conference Room A, second floor, Cannon Building, 861 Silver Lake Boulevard, Dover, Delaware.
Adjournment
There being no further business, Mr. Huston made a motion, seconded by Mr. West to adjourn. The motion was unanimously carried. The meeting adjourned at 11:45 a.m.
Respectfully submitted,
Nicole M. Williams
Administrative Specialist II