AZ BTR REPORT: Problems, Causes & Possible Solutions

A Board that’s so Inefficient,

It’s Hurting the Very People it’s Supposed to Protect.

BTR BACKGROUND INFORMATION - the BTR is supposed to protect the public by setting appropriate registration qualifications and enforcing state statutes relating to Board-regulated professions and occupations.

I.  “Original occupations”
     -  Engineers
     -  Architects
     -  Geologists
     -  Assayers
     -  Landscape Architects
     -  Land Surveyors

II.  “Newer Occupations” = BTR's Redheaded step-children
     -  Home Inspectors
     -  Drug Lab Remediation

III.  NOT properly integrated = 2 separate & unequal classes of Registrants
     -  Home Inspector fees are 7 times higher than Original Occupations
     -  Disproportionate # of disciplinary actions against Home Inspectors
     -  Disproportionate # of enforcement personnel devoted to Home Inspectors
     -  Statutes do not give Home Inspectors a member on the Board
     -  Agency structure has redundancies
     -  Unfair treatment for some Registrants

CURRENT PROBLEMS WITH THE BTR

I.  Too Expensive for Registrants & Consumers = NOT protecting the public
     -  AZ Home Inspectors pay higher annual fees than any other State
     -  These costs are passed on to consumers
     -  High costs = hard for new inspectors to get license = reduced competition
     -  Less competition also increases prices
 
II.  Inefficient, Incompetent and/or Corrupt = NOT protecting the public
     -  Consumers say the BTR is a joke
     -  Registrants say the BTR is corrupt and expensive
     -  Complaint process takes entirely too long
     -  Complaint process has no regard for guilt or innocence
     -  Registrants' rights are being violated
     -  Lack of basic information available from BTR
     -  Focusing on enforcement (revenue), instead of prevention (protecting public)
     -  Registrants do not trust BTR – hostile environment is not productive
     -  BTR is not dealing with the issues that matter
     -  BTR is not meeting its statutory purpose & nobody’s happy

CAUSES OF THE BTR's PROBLEMS

I.  Very ineffective leadership
     -  BTR is not following its own rules & required procedures
     -  Nobody cares - Lack of Accountability
     -  ‘Good old boy network’ is running the BTR

II.  Too Many Conflicts of Interest
     -  Leaders of certain industry organization are being given too much influence
     -  BTR is making excuses to defend itself, rather than correcting problems
     -  BTR leadership is focusing on ‘bolstering’ the agency, not protecting the public

III.  Agency Structure – BTR is run like 2 agencies - This COSTS MORE!
     -  Redundancies in personnel
     -  Redundancies in resources
     -  Other Redundancies, such as multiple Committees that could be combined
     -  Two Classes of Registrants = Unfair treatment for some
     -  Less organized = inefficient

IV.  Statutory Inadequacies
     -  No Board Representation for Newer Occupations
     -  Need to eliminate certain conflicts of interest
     -  Due process requirements are inadequate (AZ Administrative Code)

POSSIBLE SOLUTIONS TO THE BTR’s PROBLEMS

I.  Legislative Solutions

• Change to ARS 32-102 – adds a Home Inspector member to the Board in order to make it more representative of BTR’s registrants
• Change to HB2077 (which amends ARS 32-111) – eliminates those who have a conflict of interest from serving on the Home Inspector Rules & Standards Committee
• Changes to AAC R4-30-120 through R4-30-126 – strengthens due process requirements to ensure that registrants' Constitutional rights are respected during the complaint resolution process

II.  Changes Board Can Make Now
     -  Replace the Executive Director
         NOTE:  Other necessary changes will NOT take place until this happens
     -  Instruct all BTR staff to always obey the law and act in good faith
     -  Review complaint process & ensure registrants’ rights are being respected
     -  Publicly post the names of all BTR Committees & members
     -  Promptly and consistently make meeting agendas & minutes available
     -  Reorganize and eliminate enforcement personnel as appropriate
     -  Stop treating Home Inspectors like redheaded step-children

III.  Changes the New Executive Director Should Consider
         (username & password required)

 
CONCLUSION

I.  Changes Need to Be Made at the BTR.

II.  Current leadership is unwilling & unable to make necessary changes.
- I can't guarantee a new Executive Director will make the BTR an efficient agency.
- But I can almost guarantee the current Executive Director will NOT.

PLEASE TAKE ACTION NOW!! 

   

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