Kansas begins taking applications.

[Nick Gromicko]

On Mon, Nov 23, 2009 at 3:24 PM, <RESINSPECT@aol.com> wrote:

If you are receiving this message it is because you have asked to receive update information from the Kansas Home Inspectors Registration Board or the message has been forwarded to you by someone on the list. After extensive testing of the registration process the Board is now ready for open registration. You may find the registration application and registration instructions at www.ksinspectors.org. It is important that you follow the instruction sheet closely as the CPA firm handling your registration packet will not hold incomplete packets. Incomplete applications or missing information will result in the return of your application. The application is set up so you can type your information on the application and print it out to mail along with your registration packet, please take advantage of this as illegible hand written applications will be returned. As required by law all Kansas Inspectors must be registered by January 1, 2010 so promptness is recommended. The Kansas Standards of Practice to be followed when conducting inspections in Kansas is also available at www.ksinspectors.org.

If you have additional questions, you may contact any Board member at the contact numbers listed on the web site.

[James H. Bushart]

"Extensive testing" during which time the Chairman of the board enriched himself with the registration number of "1" and pulbished it as a "credential" on the web site he uses to compete against other Kansas home inspectors. What a guy!

[Gary Farnsworth]

"make all necessary investigations into the qualifications of or allegations of misconduct against an applicant and registrant. In connection with any investigation by the board or its duly authorized agents or employees shall at all reasonable times have access to and the right to examine and copy any document, report, record or other physical evidence of any registered home inspector being investigated or any document, report, record or other evidence maintained by and in the possession of any registered home inspector..."

I have printed a copy of the application and will be discussing it, and this part of the HB 2260 home inspection law, with attorneys. By signing the application, I give up my fifth ammendment rights, and have to "adhere to the statutes in KSA 2008 Supp. 58-4501 and ammendments thereto to the Rules and Regulations of the Kansas Home Inspector Board, the Standard of Practice and the Code of Ethics as approved by the Board".

I am not comfortable with this. Thoughts would be appreciated. I also believe the SOP has yet to be approved by the Attorney General's office and the code of ethics has yet to be written.

[James H. Bushart]

Originally Posted by gfarnsworth

"make all necessary investigations into the qualifications of or allegations of misconduct against an applicant and registrant. In connection with any investigation by the board or its duly authorized agents or employees shall at all reasonable times have access to and the right to examine and copy any document, report, record or other physical evidence of any registered home inspector being investigated or any document, report, record or other evidence maintained by and in the possession of any registered home inspector..."

I have printed a copy of the application and will be discussing it, and this part of the HB 2260 home inspection law, with attorneys. By signing the application, I give up my fifth ammendment rights, and have to "adhere to the statutes in KSA 2008 Supp. 58-4501 and ammendments thereto to the Rules and Regulations of the Kansas Home Inspector Board, the Standard of Practice and the Code of Ethics as approved by the Board".

I am not comfortable with this. Thoughts would be appreciated. I also believe the SOP has yet to be approved by the Attorney General's office and the code of ethics has yet to be written.

InterNACHI has actually held it to be ethical and acceptable to the association for an inspector who wishes to observe his constitutional rights to refuse to comply with that portion of the Kansas law that allows these morons access to personal records and files without subpoena.

It will never stand up in court, anyway.

I would love to be the first Kansas inspector to suffer damages at the hands of the registration board for refusing to witness against myself. I could retire from what I would collect in the settlement to my multi-million dollar suit.

[Gary Farnsworth]

This is on the application also. Nick or Mark, you may have to help us with this one:

"I authorize any individual, company or institiution with whom I have been associated to furnish the Kansas Home Inspector Board with any information concerning my qualifications for professional registration as a Home Inspector in Kansas. I authorize release of any information which they have on record or otherwise possess, and release the individual, company or institution from all liability for any damage whatsoever incurred by me as a result of their furnishing such information".

I wonder who wrote this, and came up with it; perhaps the Kansas Attorney General himself. Perhaps they can now take anyone's word against any applicant and refuse registration. I can make money of of this; and my attorney can too. What individuals? What companies? What institutions? Does this include NACHI message board comments?

[James H. Bushart]

Originally Posted by gfarnsworth

This is on the application also. Nick or Mark, you may have to help us with this one:

"I authorize any individual, company or institiution with whom I have been associated to furnish the Kansas Home Inspector Board with any information concerning my qualifications for professional registration as a Home Inspector in Kansas. I authorize release of any information which they have on record or otherwise possess, and release the individual, company or institution from all liability for any damage whatsoever incurred by me as a result of their furnishing such information".

I wonder who wrote this, and came up with it; perhaps the Kansas Attorney General himself. Perhaps they can now take anyone's word against any applicant and refuse registration. I can make money of of this; and my attorney can too. What individuals? What companies? What institutions? Does this include NACHI message board comments?

This is consistent with putting a realtor on the board.

Now, every brokerage in the state can vent on how lousy you are for all of their deals you killed...and do so with full immunity from prosectuion.

I refuse to participate with the registration process and will continue to do business as I always have...but if I were so inclined to fill out the application, I would definitely line through that provision.

[Gary Farnsworth]

The attorney serving and advising the board is from the Attorney General's office. If he supports all of this wording, and let's the board rule and regulate at will, perhaps the Attorney General Mr. Steve Six should be in question.

The attorney in attendence at one of the first board meetings was from the AG office. A rep from the secretary of state office was there also to state the desires of the Sec. of State office to not be involved with the board, etc.

[Buck Hartley, CMI]

Are you sure about this?

[Gary Farnsworth]

I see you are #8.

[Buck Hartley, CMI]

YES!! It has been posted for a while!

[Dale Duffy]

Originally Posted by gfarnsworth

The attorney serving and advising the board is from the Attorney General's office. If he supports all of this wording, and let's the board rule and regulate at will, perhaps the Attorney General Mr. Steve Six should be in question.

The attorney in attendence at one of the first board meetings was from the AG office. A rep from the secretary of state office was there also to state the desires of the Sec. of State office to not be involved with the board, etc.

Kinda like getting sodomized---

[Dale Duffy]

This is consistent with putting a realtor on the board.

Now, every brokerage in the state can vent on how lousy you are for all of their deals you killed...and do so with full immunity from prosecution.

Gets crazier everytime I read this crap---

[Gary Farnsworth]

And some people wonder why I am voicing my opinions about state licensing; and they end up as facts.

[Joe Farsetta]

With regard to post #5, I find this provision to be quite troublesome. For instance, let's say you have a substance abuse problem and seek medical intervention or rehab. You have certain rights to privacy under Federal law. They are forcing you to waive all rights to privacy and priviledge

[sfarnsworth]

Originally Posted by jfarsetta

With regard to post #5, I find this provision to be quite troublesome. For instance, let's say you have a substance abuse problem and seek medical intervention or rehab. You have certain rights to privacy under Federal law. They are forcing you to waive all rights to privacy and priviledge

But the Kansas Attorney General stands by the board. I wonder Why ?

By the Way: TODAY in Kansas

At a news conference Monday, Parkinson outlined a plan to reduce spending by $259 million in the budget year that ends June 30.

“Cutting projects will impact jobs, not only of contractors but of suppliers. It will also eliminate the spinoff spending that happens in communities during construction,” said Deb Miller, Transportation Secretary. “We’re going to do a lot fewer maintenance jobs and that will result in rougher roads and more vehicle maintenance.”

We need Insepctor Licensing, but not cannot fix our roads in Kansas, Kansas is also cutting Education again !!