Board Meeting (8/11/2015)

Meeting Minutes and Notes

NC Board for Licensing of Geologists

Minutes

August 11, 2015

NC State Board of Examiners of Plumbing, Heating and Fire Sprinkler Contractors

The meeting was called to order at 9:20 am by Board Chairman Rick Kolb.  Others present included Bill Miller, Steve Miller, John Stevens, Kenneth Taylor, Lindsey Walata, Barbara Geiger, Board Administrator and Mary Lucasse, Board Counsel.  Mr. Kolb read the conflict of interest statement.  Dr. Taylor noted that, as the State Geologist and employee of the NC Department of Environment and Natural Resources, he will refrain from participating in the deliberation or taking any action by the Board with respect to any application for licensing submitted by an employee of the Department.  Lindsey Walata and Bill Miller noted that they would recuse themselves from discussion and vote regarding any aspect of the agenda item: Payne v. NCBLG, 14 BOG 3255.

Welcome and Introductions

Approval of Minutes

Following review of the minutes of the April 14, 2015 meeting of the Board, motion was made by Kenneth Taylor and seconded by Bill Miller to accept the minutes as presented.  The motion carried. Bill Miller made the motion to approve the conference call minutes of May 29, 2015.  The motion was seconded by Lindsey Walata and carried. 

Financial Report

The fourth quarter financial report was reviewed, discussed and accepted by the Board.

During discussion of the financial report, the Board discussed investment options and financial implications of complaints and economic impacts.

Administrative Report

License Update/Exam Update

Barbara Geiger reported that there are currently 1359 individual licensees and 235 corporate licenses. Ms. Geiger reported that the Board has about 31 applications for examination on the agenda for review and that she expects that there will be close to 35 candidates to sit for Part One and 10-12 candidates to sit for Part Two of the ASBOG exam in October.

Request for waiver of back fees

Ms. Geiger read a letter from a former licensee who was approved for reinstatement at the April meeting of the Board, requesting a waiver of back fees.  Following discussion of reinstatement of expired licenses, motion was made by Bill Miller and seconded by Lindsey Walata that the Board waive back fees for individuals who reinstate their geology licenses. The Board interpreted 21 NCAC 21.0107(c)(2) to allow the waiver of back fees if an individual has not practiced geology in the State of North Carolina since the license expired.  The Board noted that the rule should be reviewed and revised to clear up any ambiguity regarding license reinstatement.

Ms. Geiger was advised that in the future, reinstatement applications should include a notarized statement that the individual has not practiced geology in the State of North Carolina since the license expired, if applicable.  The vote was taken on the motion and all members of the Board were in favor with the exception of Dr. Taylor who was opposed.  The motion carried.

Ms. Walata made a motion to approve the request for waiver of fees by licensee, Douglas R. Fraser, #1040.  The motion was seconded by John Stevens.  The vote was taken, with 5 members in favor and one opposed.  The motion carried.

Website Update

Ms. Geiger reported that 97% of 2015-16 individual and corporate license renewals have been received and approved.  It was noted that staff had been diligent in following up on late renewals and that a letter was sent in mid July to individual and corporate licensees who had not renewed.

Ms. Geiger informed the Board that the new website was working well and that she and staff member Jenna Miller would be having a second meeting with ClickCulture in the near future to review the recent renewal process.  Discussion will include issues that were encountered during renewal and any updates and edits that will make the renewal process as seamless as possible.

Legal Update

Board Counsel Mary Lucasse provided Board training as required by NCGS § 93B-5(g)(1).  The training focused on NCGS §§ 150B-38- 52 and reviewed the procedure established by the Administrative Procedures Act for issuing a final agency decision following a hearing at the Office of Administrative Hearings. Copies of the relevant statute sections and regulations were provided to the Board.

Oral Argument presented by the attorneys for the parties in Payne v. NCBLG, 14 BOG 3255

Board Counsel Mary Lucasse noted that per NCGS § 143-318.18(6), that the Board could proceed with the oral argument presented by the attorneys for the parties in Payne v. NCBLG, 14 BOG 3255.  Nancy Reed Dunn, Esq., representing Respondent NCBLG reviewed the filed exceptions and presented arguments.  Daniel S. Bullard, Esq., representing Petitioner Payne presented arguments. Following a brief recess, the Board deliberated the matter.  The final decision will be presented in the format of a written document by October 9, 2015 as required by 21 NCAC 21 .0604.

ASBOG

The Fall Council of Examiners (COE) and Annual Meeting, November 11-14, 2015 was discussed.  Dr. Miller indicated that he would like to attend and Mr. Stevens indicated that he would like to attend, but that he could not confirm his attendance until September.  Board Chair Rick Kolb will attend the Annual Meeting on behalf of the Board.

Old Business

Complaint Flowchart and Form

Dr. Miller will send the complaint form and flow chart for licensed and unlicensed practice that he created several years ago, to Mary Lucasse.  Ms. Lucasse will review and revise the form and flow chart for Board review at the next meeting.

Records Retention Schedule/Electronic Records/Destruction of  Scanned Docs

There was discussion of the Records Retention Schedule of the Board and storage of the hard copy files that were recently scanned.  It was noted that the schedule should be revised to include mention of electronic documents and destruction of the hard copies of these records.  Ms. Lucasse will revise the Records Retention Schedule for Board review at the November meeting.

New Business

Meeting with Division of Waste Management (DWM)

Mrs. Geiger shared a communication from Michael Scott with the Division of Waste Management (DWM) requesting a meeting with members of the Board to inform and discuss the complaint process and provide general information to employees within DWM.  Ms. Geiger was asked to forward the email to Mr. Kolb who will contact Mr. Scott to formulate a plan.  Dr. Taylor noted that he would be available to assist.  The Board was enthusiastic about the possibility of meeting with the division and providing the requested information.

2016 Meeting Schedule

The 2016 tentative meeting schedule of the Board was presented.  The 2016 meetings of the Board are scheduled as follows:  January 26, 2016, April 12, 2016, August 9, 2016 and November 15, 2016.  All meetings will be held at the office of Upton Associates with the exception of the November meeting.  Rick Kolb suggested that Ms. Geiger contact Dr. Richard Spruill at East Carolina University to inquire if the November meeting could be held there with the Board conducting a licensing information session for students.  It was noted that the November date may need to be adjusted based on the Fall break for ECU.

Academic Guidelines

Based on the number of inquiries recently received by potential candidates for examination, Dr. Miller shared a document that he had prepared regarding the educational requirements for taking the ASBOG examination.   This document includes the essential elements that students must have in order to qualify to be approved to take the ASBOG examination.  Ms. Geiger noted that former academic member of the Board Charles Almy had prepared a document regarding the minimum educational requirements and that she would forward that document to Dr. Miller for his review.  Dr. Miller will present a final recommended document to the Board at the November meeting.

Motion was made by Dr. Taylor and seconded by Rick Kolb to move into closed session per § 143-318.11(a).  The motion carried.

Following a motion by Dr. Taylor and second by Dr. Miller, the Board resumed the open session.

Motion to accept the applications and action taken by the Board in closed session was made by Dr. Taylor, seconded by Mr. Stevens and carried unanimously.

It was noted that the next meeting of the Board is scheduled for Tuesday, November 17, 2015 at 9:00 am at Guildford College.

Dr. Taylor is able to secure a State vehicle so that Board members can carpool in order to conserve Board funds.  He will meet Board members in the parking lot of Upton Associates at 6:30 am.

There being no further business, the meeting adjourned at 4:26 pm.

Respectfully submitted,

John Stevens

Secretary-Treasurer