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Iowa Architectural Examining Board - March 16, 2023 Minutes

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IOWA ARCHITECTURAL EXAMINING BOARD

MINUTES

200 East Grand Avenue, Suite 350, Des Moines | Bureau Conference Room & Zoom

Thursday, March 16, 2023 at 10:30 a.m.

Board Members present for all or part of the meeting:

Tandi Brannaman

Scott Hatfield, Chair

Ted Nahas

Jerry Purdy

Bethany Jordan

Board Members not present:

Bobbi Jo Duneman

Dan Dutcher

Staff present for all or part of the meeting:

Lori SchraderBachar, Bureau Chief

Eric Dirth, AAG (Zoom)

Demetria Witt, Licensing Specialist

Ashley Thompson, PLB Investigator

Public:

Jeffrey Anderzhon

Pete Franks, AIA Iowa (Zoom)

Thomas McInerney (Zoom)        

Thomas Wertzberger              

Call to Order

Hatfield called the meeting to order at 10:30 a.m.

Quorum was established.

Introductions were made. The board welcomed new board member Jordan to her first meeting and AAG Dirth, who has been appointed to represent the board.

Motion by Brannaman to approve the open and closed session minutes of January 19, 2023.

Seconded by Nahas.

Vote:     Aye:       All                           Nay:       None                     Abstaining:         None

Motion passed.

Board Member Reports

None

Administrative Reports

Licensing Report: Witt reported there were 29 newly licensed architects and 1 reinstatement.

Staff Reports

Assistant Attorney General: Dirth had nothing to report.

Board Executive/Bureau Chief: SchraderBachar asked members to have their per diems and travel vouchers signed and submitted.  SchraderBachar noted the NCARB report for the Region 4 meeting was in the board drive.  She reported the Iowa 2022 ARE pass rate was 66%. A total of 174 graded exams were taken; 114 exams were passed.  SchraderBachar provided an update of the realignment of state agencies. PLB will be moved from the Department of Commerce, Division of Banking to an expanded Department of Inspections, Appeals, and Licensing (DIAL) under a proposed bill, which will go into effect on July 1, 2023. PLB will be moving; no date or location has been given for the move. Day-to-day operations from the board’s point of view will be minimal.  SchraderBachar reported on the Governor’s board appointments: Jordan’s term began February 28 and terms for architects Jeffrey Anderzhon and Thomas Wertzberger and public member Paloma Chapman will begin May 1. SchraderBachar gave a brief report on pending legislation, including Senate File 135 – registered interior designers, Senate File 174 - building design elements regulation, and Senate Study Bill 136 – repealing gender balance for appointive boards. SchraderBachar advised board that the May meeting will need to elect officers chair and vice chair. SchraderBachar reported NCARB is retiring the 5-year rolling clock for ARE divisions. This will not impact the Iowa board as it removed the rolling clock rule in 2021.

Late Renewal Fees

Motion by Jordan to not collect late renewal fees for this renewal cycle June 1, 2023 through June 30, 2023.

Seconded by Purdy.

Vote:     Aye:       All                           Nay:       None                     Abstaining:         None

Motion passed.

CE Audit Reviews

Motion by Purdy to accept Mr. Trent Clark’s continuing education for the audit of compliance with the continuing education requirement for his 2022 license renewal.

Seconded by Nahas.

Vote:     Aye:       All                           Nay:       None                     Abstaining:         None

Motion passed.

Executive Order 10

SchraderBachar reviewed the Governor’s Executive Order 10, which is a moratorium on rule writing and a red tape review.  SchraderBachar advised board needs rules completed by September 1, 2023. Jordan and Hatfield volunteered to serve on the rules committee.  Brannaman may be interested in participating as a member of the public.

NCARB

Motion by Brannaman to approve the Mutual Recognition Agreement with the United Kingdom’s Architects Registration Board.

Seconded by Purdy.

Vote:     Aye:       All                           Nay:       None                     Abstaining:         None

Motion passed.

Regional Summit Report: Brannaman reported on her attendance at the NCARB Regional Summit. Brannaman stated the practice exams have shown an increase in the success rates of those taking the final exam. She gave information about the rolling clock and diversity and inclusion. Brannaman also stated changes in the responsible control definition, rules of conduct, and the governance model (Region 4 is not in agreement with the proposed changes). Brannaman stated elected new officers of the region. Her report is on the board drive.

SchraderBachar virtually attended the Member Board Executive workshop. One of the sessions was about the critical nature of board enforcement in that it protects the public by weeding out bad actors and the threat of discipline keeps licensees in compliance. A concern raised from other jurisdictions is that architects are not learning the building code and letting building code offices correct plans.

Governance Feedback:  Board members elected to send individual feedback.

Iowa State Outreach canceled:  NCARB plans to come to ISU next year.

Confirm attendance for Annual Business Meeting: June 15-17 (Tampa, FL with virtual option): No action taken.

Public Comment

None

Recognition of Outgoing Board Members

Outgoing board members Tandi Brannaman, Jerry Purdy, and Ted Nahas were thanked for their service to the board.

Complaints & Discipline

Closed Session #1:

Motion by Brannaman to enter into closed session pursuant to Iowa Code section 21.5(1)(a), (d), & (f) and 272C.6(4) at 11:52 a.m. to discuss Findings of Fact, Conclusions of Law, Decision and Order.

Seconded by Nahas.

VOTE: Roll call: Brannaman, aye; Hatfield, aye; Jordan, aye; Nahas, aye; and Purdy, aye.

Motion passed unanimously.

Open Session:

Motion by Nahas for the Board to return to open session at 11:54 a.m.

Seconded by Jordan.

Vote:     Aye:       All                           Nay:       None                     Abstaining:         None

Motion passed.

Open Session:

Motion by Purdy to accept the Finding of Fact, Conclusion of Law, Decision, and Order and to authorize chair to sign the Decision and Order.

Seconded by Brannaman.

Vote:     Aye:       All                           Nay:       None                     Abstaining:         None

Motion passed.

Closed Session #2:

Motion by Brannaman to enter into closed session pursuant to Iowa Code section 21.5(1)(a), (d), & (f) and 272C.6(4) at 11:56 a.m. to review pending licensee discipline cases and investigations, including any cases ready for final resolution through closure or consent order.

Seconded by Nahas.

VOTE: Roll call: Brannaman, aye; Hatfield, aye; Jordan, aye; Nahas, aye; and Purdy, aye.

Motion passed unanimously.

Motion by Jordan for the Board to return to open session at 12:28 p.m.

Seconded by Nahas.

Vote:     Aye:       All                           Nay:       None                     Abstaining:         None

Motion passed.

Open Session:

Motion by Purdy to close case 23-02 as discussed in closed session.

Seconded by Nahas.

Vote:     Aye:       All                           Nay:       None                     Abstaining:         None

Motion passed.

Motion by Nahas to find probable cause for case 22-12 and send cease and desist as discussed in closed session.

Seconded by Brannaman.

Vote:     Aye:       All                           Nay:       None                     Abstaining:         None

Motion passed.

SchraderBachar notified the board that an anonymous complaint had been received regarding the use of the architect title. She advised the complainant that anonymous complaints were not accepted and provided the link to the complaint form. The board confirmed that does not accept anonymous complaints.

Upcoming Meetings & Last-Minute Comments

2023 Meeting Dates: May 18, July 20, September 20, November 16

SchraderBachar requested that all board members meet in person on May 18, 2023 to welcome new board members and to have the board training.

Adjournment

Hatfield adjourned the meeting at 12:48 p.m.