3 strikes I am out ... NY wins ..I lose

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3 strikes I am out ... NY wins ..I lose

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ahalstead
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Posts: 56
Posted: Dec 9, 2005 11:36 PM       Post Subject:

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Perhaps some sour grapes here but i have to vent ...

1. Earlier this year NYS Supreme Court and then Family Court took a big financial swipe at me .. 1/3 of my income goes elsewhere now ..

2. NYS Department of labor said that, since i signed up for NACHI and Nachi gave me Internet exposure and so did Report Host i was no longer considered unemployed and they want a lot of $$$ back (I lost a good paying CM job in 11/04 due to lack of work in the area). I did not know Internet exp[osure was considered working! did anyone else??

3. NYS DOS now wants to take mY HI work away because they didn't get their act together in time for me to be certified before 1/1/06 and it looks like no time extensions ..

What a great state to live in ...eh?

I am out .. NY wins .. but i will keep striving .. somehow ..

allen
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ekartal5
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Posted: Dec 9, 2005 11:46 PM       Post Subject:

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Hi Allen,
That is so crazy that if I didn't know you I woudn't have believed it. Keep trying.

Erol Kartal
ProInspect
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Bill Merrell

Merrell Institute-NYS Instructor
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User: bmerrell
Posted: Dec 10, 2005 8:05 AM       Post Subject:
Western NY RE School offers the 140 hour program- we are also planning it for January- You need to take the 100 hours of course works and then the 40 hours of supervised inspections= the 40 hours of supervised inspections can be done via a licensed home inspector or in a school environment.

Either way, much luck and success. As a new inspectors, you should have asked NACHI for documentation to show you were not a full-time gainfully employed inspector. The Unemployment code will factor the mmonies you make, or if no monies are earned they must under statute reverse the earlier desision. I do not know the time limit to file an appeal, but it is certainly worth the effort. I am not an attorney but as a paraleagal, we have seen many of these cases in the past few years. Many paralegal grads, and one of my attorney instructors, commented that you could attempt to sell widgets, but it no widgets are sold, no income, and unemployment should still be coming in. You job while on unemployment is to do whatever you can to earn an income and the state should not penalize you for trying to earn a living.

Godd kuck, and I think the state gave you a bum steer.

Maybe taking a 2 or 3 week accelerated course to get your hours in will give you the needed time and sjupervised experience to become a licensed home inspector.
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ahalstead
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Posts: 56
Posted: Dec 10, 2005 9:30 AM       Post Subject:

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Bill,
NYS DOL does not take the position that just because you were not making money you were not employed. They are also fining me for the nights i sat in front of my TV folding brochures. Theeir position is that it was an act to promote the business. Income or no income. Since I was not employed by NACHI any documentation from them is relatively useless. After all, how does NACHI know if I was gainfully employed or not. They have shown me in the UI handbook that, if you work as a self-employed individual, whether you made any money or not, you need toclaim that as a working day. Folding brochures, buying tools, taking the NACHI exam, etc are all considered "working" to them. Then to make matters worse, I received my RE license last December and they also state that, even though I did not show my first proeprty until April, I was gainfully employed since December because my profile is in the NAR and local Realtor boards ..

I do not have the time and especially don't have the $$$$ to go west for 2 weeks to take the certification course .. Once someone opens in the Albany area (funny how the Albany area has no approved schools either), maybe i will re-consider. Meanwhile, my broker is contemplating opening into Commercial RE and has ofered me the position.
I would still love to do HI's ..
Thanks again to NY ..
Allen
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ahalstead
NACHI Member: No
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Posts: 56
Posted: Dec 10, 2005 9:31 AM       Post Subject:

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.... and thanks guys (Bill and Erol) for the words of encouragement.
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Tedd Van Wagner

Ahead Inspection, Inc.
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(as of 3/25/07)
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Posts: 2
User: tvanwagner
Posted: Dec 11, 2005 6:41 PM       Post Subject:
Does anyone out there know if any schools in the Albany or Hudson Valley area are pending? Due to personal circumstances I am unable to leave my family for 3 or 4 weeks to travel either out west or to Long Island until next July at the earliest. That's a long time to go without an income...
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Richard Bennett

Richard Bennett Inspections
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User: rbennett
Posted: Dec 11, 2005 10:51 PM       Post Subject:
Lets try this

We are not HI's we are home buying consultants

Will the law allow us to make a living or are we too far on the edge


rlb --- Florida
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Bill Merrell

Merrell Institute-NYS Instructor
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User: bmerrell
Posted: Dec 11, 2005 11:39 PM       Post Subject:
only posting this here because the private message system is off line- we will have a program in March that will take 12 days to complete Modules 1, 2, 3, and 4

Hope this helps- what happened to the private message system- and the avatar and the e-mail, etc.

Whats going on? Also spell checker was great- now I have typo's galore
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Barney Marrone

B&M Home Inspection
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User: bmarrone
Posted: Dec 12, 2005 3:59 PM       Post Subject:
Hi Merrel

I took a course with the Home Inspection Institute of America. It was a week long course. I was Certified in May, Now I find out that the school I attened is no longer in buissnes. Also I was certified by Nachi. I was reading what you wrote about the 40 hours of supervised inspections can be done via a licensed home inspector or in a school environment. Does the 40 hour course I took with HIIA school count if I took your course for the 140 hours? I need to get licensed.

Barney
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Richard Bennett

Richard Bennett Inspections
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User: rbennett
Posted: Dec 12, 2005 4:50 PM       Post Subject:
Bill

Where are you -- you have questions


rlb
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Joe Farsetta

Advanced Professional Services Group, Inc.
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User: jfarsetta
Posted: Dec 12, 2005 5:17 PM       Post Subject:
The only advice I can give you os to assemble the course materials you took, and the information on the school you attended. Forward the information to the NY Stare DOS, and ask them if they will recognize the schooling you previously took. You have until the 31st to do this. There are no guarantees.

Its worth a shot. I know that the DOS is wlling to consider previous training, in some circumatances, but it is done on a case-by-case basis.
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Bill Merrell

Merrell Institute-NYS Instructor
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User: bmerrell
Posted: Dec 12, 2005 5:18 PM       Post Subject:
Only state approved courses will be accepted by NY State for Inspectors- If you took a course, before licensing, you can apply for licensure under the grandfather method-there are 2 specifically to address. One requires 250 inspections to be submitted to the state over the past 3 years, and the other requires only 100 inspections and proof that you passed the NACHI test- as long as these items are done before 12-31-05. That is only 3 weeks away.

Otherwise, you are required to attend 100 hours of approved courses Modules 1, 2, 3,4 and pass 4 state approved exams and then complete a 40 hour supervised inspection program under a schools direction or you can request a licensed Home Inspector to sign off inspections that you completed. The key is the fact that you must take the coursework from a program that has been approved by the state of NY (NYS, Dept. of State, Division of Licensing Services) or no credit will be granted as per their application. To receive an application, you can call 518-474-4429 and request a Licensed Home Inspection Application. It will also require General Liability Insurance as well, which must be part of the application.

Much luck and success. Questions, go to our web site for more information.

Have a great day.

Bill

a 40 hour course will never be given 140 hour credit in NY State. That is for certain!
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Leonard Ungar

All Around Home Inspections
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User: lungar
Posted: Dec 12, 2005 5:48 PM       Post Subject:
Hi! Bill;
Is your needle stuck, you just keep repeating yourself Over and Over, just
like the bunny rabbit, keeps going ON and ON. I really feel for the people who can't get in under the Grandparenting Regs but the law is the law.
It seems that there are a few in the middle of the state that have nowhere to go for training but I am sure the state will approve schools thruout the state as soon as possible.
Regards Len
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Joe Farsetta

Advanced Professional Services Group, Inc.
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User: jfarsetta
Posted: Dec 12, 2005 7:54 PM       Post Subject:
Bill,

You are incorrect, in that the DOS is considering training that was not previously approved. Such is the case with the folks already trained by ABITCO. The State would not need to consider training, if the applicant qualified for either level of grandfathering. I was copied on a letter sent to ABITCO, where this process was specifically mentioned.
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Bill Merrell

Merrell Institute-NYS Instructor
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(as of 3/25/07)
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Posts: 276
User: bmerrell
Posted: Dec 12, 2005 9:03 PM       Post Subject:
40 hrs is not 140 hours- the state will give them needed information- all they have to go is simply call- the school, apparently is no longer in business as per the message which causes even greater problems since a detailed outline certified by the school may not be available for review-
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Robert Hutchinson

Bob Builder Home Inspections, Inc. NYS Lic.#16000016805
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(as of 3/25/07)
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Posts: 7
User: rhutchinson1
Posted: Dec 15, 2005 6:04 PM       Post Subject:
Al, what preciptated this from the NYS DOL? Did they find this out because you sent in a license application with the NACHI exam as proof of a qualifying exam and they checked your name out to see if you were drawing unemployment then? icon_evil.gif I may have a similar situation. Do I need to start from scratch and take the course from an approved school( I already took a course from AHIT which I hear is approved except their module 3) and take the state exam and not mention NACHI; any ride-along inspections? Is the State being sneaky? My unemployment just ran out (since May) and I have been developing my HI business, but not making any money. I sure as heck can't pay them back $10,000 especially because all of that time I was diligently trying to find a full time job. icon_question.gif icon_question.gif icon_question.gif
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Joseph Hagarty

HouseMaster
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User: jhagarty
Posted: Dec 15, 2005 6:16 PM       Post Subject:
bmerrell wrote:
40 hrs is not 140 hours- the state will give them needed information- all they have to go is simply call- the school, apparently is no longer in business as per the message which causes even greater problems since a detailed outline certified by the school may not be available for review-


http://www.abitcoinc.com/serv01.htm
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Bill Merrell

Merrell Institute-NYS Instructor
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(as of 3/25/07)
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User: bmerrell
Posted: Dec 18, 2005 10:09 PM       Post Subject:
to date, the school you linked in your last post does not appear on the NYS, DOS Approved list of providers. As of today, there are 3 approved in the entire state with more to follow!
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ahalstead
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Posts: 56
Posted: Dec 19, 2005 4:02 PM       Post Subject:

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Robert, Last February I had to go to court with my ex-wife regarding alimony, child-support etc. It was a major chage in circumstance in my life (loss of a high paying job) and I needed to have these payments reduced from $30k/year to something more reasonable. My suspicion is her lawyer (who later became a Realtor/developer/broker) reported me to DOL ... either because I started to develop my HI business or my Realtor status or both. Anyway, DOL originally investigated me, i told them i spent 6 days in a class, 1 day showing property and 2 days folding brochures ... They said i owed them $100/day because i 1) was not ready, able and willing to work 2) and i was working .. (even though I did not make any $$ doing any of that) .. I wanted to plead my case to a judge so i asked for a hearing .. they lost my original paperwork, I re-requested the hearing and i guess they figured i was being a pain in the A$$ so they did a full investigation on me. They now say that since I had a Realtor license for almost all that period, and that my name was available through NACHI abd Findaninspector, etc that I was advertising and therrefore i was working ..
So now they want $8k back from me .. I have hired a good labor lawyer .. I don't want to say anymore because you never know any longer who is monitoring this site .. I requested a look at my folder and it is unbelievable tat they must have someone closely monitoring all websites, etc
If you want to contact me, please feel free to send me a PM ...

Allen
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Wendell Cook

Wendell F. Cook Home Inspections lic#1600006538
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User: wcook2
Posted: Dec 19, 2005 6:21 PM       Post Subject:
Hi Allen,
I hope you remember me, I spoke with you at the Capital District NACHI meeting recently. It looks like I will have my NY HI license very shortly. If I can do anything to help you, give me a call. I'm in the book.
Wendell "Wendy" Cook
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