Collection AgencyBoard Meeting

Tab 1Call to Order

April 17, 2018 10:00 AM

Radisson Hotel SeaTac, WA

STATE OF WASHINGTON DEPARTMENT OF LICENSING

PO Box 9012 Olympia, Washington 98507-9027

WASHINGTON STATE COLLECTION AGENCY BOARD

AGENDA REGULAR BOARD MEETING

DATE: April 17, 2018

TIME: 10:00 a.m.

LOCATION: Radisson Hotel SeaTac Airport 18118 International Blvd Seattle, WA 98188

1. Call to Order1.1. Introductions1.2. Order Of Agenda1.3. Approval Of Minutes: September 19, 20171.4. Review Communications

2. Public Comment Opportunity

3. New Business3.1. Elect Vice Chair3.2. 2017 NACARA Annual Meeting Report3.3. NACARA Annual Meeting October 2018

Closed SessionThe chair will announce the purpose and estimated duration for Closed Session. No formal actions will be taken during Closed Session. Once Closed Session concludes, the Board will take a break to announce and invite visitors to Open Session.

OPEN SESSION RECONVENES

4. Old Business4.1. Task Force Report4.2. Definition of Communication4.3. Review Master Action Items List

5. Complaint Cases for Review*5.1. Administrative Closures Report

1.2

Radisson Hotel SeaTac Airport Seattle, WA

COLLECTION AGENCY BOARD MEETING AGENDA APRIL 17, 2018

6. Legal Issues for Deliberation*

6.1. Orders To Be Presented

7. Disciplinary & Investigation Items

7.1. Closed Session Deliberation report (only necessary if closed session is held) 7.2. Disciplinary Cases Report

8. Assistant Attorney General’s Report

9. Board Administrator’s Report 9.1. Program Operations 9.2. Licensing and application update. 9.3. Department Of Licensing 9.4. Other Items

10. Other Business

10.1 Action Items from This Meeting 10.2 Agenda Items for Next Meeting

11. Adjournment

*The Board may enter into closed session to discuss disciplinary proceedings.

1.2

STATE OF WASHINGTON DEPARTMENT OF LICENSING

WASHINGTON STATE COLLECTION AGENCY BOARD

DRAFT MEETING MINUTES REGULAR BOARD MEETING

DATE: September 19, 2017

TIME: 10:00 a.m.

LOCATION: LOTT Water Alliance 500 Adams Street Olympia WA 98501

MEMBERS PRESENT: Tami Dohrman, Chair Scott Wiswall, Vice Chair Raymond Henning, Member Scott Kinkley, Member

MEMBERS ABSENT: Mari Neubauer, Member

STAFF PRESENT: Rick Storvick, Administrator Sarah Crawford, Board Support Supervisor Elizabeth Thompson-Lagerberg, Advising AAG Jonathan Pitel, Prosecuting AAG

GUESTS PRESENT: Kevin Underwood, Washington Collectors Association Mike O’Meara, Washington Collectors Association David Grimm, Washington Collectors Association Matt Geyman, Columbia Legal Services Nick Allen, Columbia Legal Services David Grimm, Concerned Citizen Amairani Padilla, Board Staff Grace Hamilton, Board Staff Star Boone, Board Staff Julia Manley, Board Staff Vonna Rakestraw, Board Staff

1.3

LOTT Water Alliance Olympia, WA

COLLECTION AGENCY BOARD MEETING MINUTES 2 REGULAR BOARD MEETING SEPTEMBER 19, 2017

1. Call to Order 10:04 a.m. 1.1. Introductions

Board members, staff, and visitors introduced themselves.

1.2. Order Of Agenda Mr. Wiswall made a MOTION to accept the agenda as presented. Mr. Kinkley seconded the MOTION and it passed.

1.3. Approval Of Minutes: April 18, 2017 Mr. Henning made a MOTION to accept the minutes as presented. Mr. Wiswall seconded the MOTION and it passed.

1.4. Review communications No business.

2. Public Comment Opportunity

Kathleen Drew gave a presentation on a new licensing system that is currently being researched. The proposed system replacement will provide enhancements and replace the failing back end software for Department of Licensing. Kevin Underwood, Washington Collectors Association (WCA) spoke regarding the task force report. Mr. Underwood explained his concerns with the recommendation that the task force is currently considering and requested the board not adopt the task force recommendations. Michael O’Meara, WCA spoke regarding the task force. Mr. O’Meara explained his concerns with the recommendation that the task force is currently considering. Mr. O’Meara also provided the board with a handout highlighting some of WCA’s concerns.

Matthew Geyman, Columbia Legal Services spoke regarding the task force. Mr. Geyman explained his support for the recommendation that the task force is currently considering. Nick Allen, Columbia Legal Services spoke in favor of the task force recommendation. Mr. Allen explained his support for the recommendation that the task force is currently considering.

3. New Business

3.1. ACA Conference Mr. Wiswall gave a brief history of the Association of Credit and Collection Professionals (ACA) who held a conference in Seattle July 2017. The conference provided valuable information for the collection agency industry. The Washington Collectors Association recommended Rick Storvick to speak at the conference. Mr. Wiswall shared an email with the Board from ACA thanking Mr. Storvick for speaking at the conference

3.2. 2017 NACARA Conference

1.3

LOTT Water Alliance Olympia, WA

COLLECTION AGENCY BOARD MEETING MINUTES 3 REGULAR BOARD MEETING SEPTEMBER 19, 2017

Ms. Hamilton shared information for the upcoming NACARA Conference on October 2nd – 4th in Bellevue.

3.3. 2018 Meeting Schedule Ms. Crawford presented the 2018 calendar and asked the board to select dates for next year’s board meetings. Ms. Crawford explained staff is organizing a joint board training in April. Ms. Crawford proposed the board select a date near that training. The board agreed on April 17, 2018 and September 18, 2018.

Action Item: Ms. Crawford will update the 2018 calendar to reflect the selected dates.

4. Old Business 4.1. Definition of Communication

Ms. Lagerberg informed the board she has a memo outlining the definition of communication and unanswered phone calls as communications. Ms. Lagerberg requested to email the memo to the Board for review.

Action Item: Ms. Crawford will email the memo to the Board for review.

4.2. Task Force Report Mr. Storvick provided a brief overview. Mr. Henning made a MOTION to table the decision until the next board meeting. Mr. Henning proposed the task force meet again to discuss the information provided during public comment and allow Ms. Lagerberg to do further research on the matter. Mr. Wiswall seconded the MOTION. Action Item: Task Force will set up a time to meet and report out at the next scheduled board meeting.

4.3. Review Master Action Item List The board reviewed and discussed outstanding action items.

5. Complaint Cases for Review* 5.1. Administrative Closures Report

No business.

6. Legal Issues for Deliberation* 6.1. Orders To Be Presented

No business.

7. Assistant Attorney General’s Report No business.

1.3

LOTT Water Alliance Olympia, WA

COLLECTION AGENCY BOARD MEETING MINUTES 4 REGULAR BOARD MEETING SEPTEMBER 19, 2017

8. Disciplinary & Investigations

8.1. Closed Session Deliberation report (only necessary if closed session is held) No business.

8.2. Disciplinary Cases Report Packet item only; no action.

9. Board Administrator’s Report 9.1. Program Operations

Mr. Storvick explained staff recently moved back into the Black Lake building. Mr. Storvick also gave an update on recent staff hires as well as positions in recruitment status.

9.2. Licensing and application update Mr. Storvick referred back to Ms. Drew’s presentation during public comment outlining the new system Department of Licensing is looking to implement. Action Item: Mr. Storvick will draft a letter on behalf of the board supporting the new system.

9.3. Department of Licensing

Mr. Storvick explained staff is organizing an all board training for April 2018. This training is tentatively scheduled at the Radisson Hotel in SeaTac. Mr. Storvick explained some boards would also conduct board meetings the day before and the day after the training. The training will be held on a Wednesday and include several different topics pertaining to all boards.

9.4. Other Items Ms. Dohrman presented Mr. Wiswall with a plaque recognizing his 10 years of board service. Mr. Wiswall will retire from the Collection Agency Board when his term expires December 31, 2017.

10. Other Business 10.1. Action Items from this meeting:

Action items from this meeting were reviewed and will be added to the master action items list.

10.2. Agenda items for next meeting • Definition of Communications • Task Force Report • NACARA Conference report out

11. Adjournment 11:20 a.m.

1.3

LOTT Water Alliance Olympia, WA

COLLECTION AGENCY BOARD MEETING MINUTES 5 REGULAR BOARD MEETING SEPTEMBER 19, 2017

Approved by: _______________________________ _______________ Rick Storvick, Administrator Date _______________________________ ________________ Tami Dohrman, Chair Date

1.3

Board Meeting

Tab 2

Public CommentThe board has the option to allow comment from the public

on agenda items or other topics, unless the comment is related to an open investigation.

The board may limit the comment period, and will provide instructions if it chooses to do so.

Board Meeting

Tab 3

New Business

Topics for action or discussion by the board that were identified at or since the last board meeting.

Collection Agency Board April 17, 2018 Seatac, WA

Elect Vice Chair

Background: The board may elect a Vice-Chair at its first meeting of the year.

Recommendation: The board elect a Vice-Chair for 2018.

Submitted by Board Staff April 5, 2018

3.1

Collection Agency Board

April 17, 2018

Seatac, WA

North American Collection agency Regulatory Association (NACARA) Annual Meeting

Attendance

Background: The North American Collection Agency Regulatory Association (NACARA will

hold an annual meeting in Charleston, SC October 14 – 17, 2018. Staff will request travel

approval for one board and one staff members to attend and represent Washington State. In the

past the board vice chair has been the board member to attend.

Recommendation: Designate one board member to attend the NACARA annual meeting.

Submitted by Board Staff

March 27, 2018

3.3

Board Meeting

Tab 4

Old BusinessTopics from past meetings, presented for update,

action or further discussion by the board.

Washington State Collection Agency Board

Date AssignedAgenda Item Action Item Assigned to Status

Board or Staff Assignments

4/18/2017 Staff will check with DOR regarding the upgrade to Atlas and ask if it will affect the licensees. Completed

Due Date

Out dated ..

9/20/2016 Ms. Thompson-Lagerberg will give an opinion on “communication” and unanswered phone calls. Mr. Kinkley can assist in some research he has collected.

Ms. Thompson- Lagerberg Completed

Due Date

Out dated ..

9/20/2016 The task force will research and review with the Assistant Attorney General (AAG) and report back to the board.

Task ForceCompletedDue Date

Out dated ..

9/20/2016 Research legal reasons that may deny a collection agency from getting a license.

Ms. Thompson- Lagerberg Completed

Due Date

Out dated ..

Tuesday, April 03, 2018 Page 1 of 1

4.3

Board Meeting

Tab 5

Complaint Cases for Review

Complaint closure recommendations presented by the assigned case manager.

Board action is required on each case.

Collection Agency Board Administrative Closures5 cases of no jurisdiction 45 cases with no violation 10 cases recommended to be closed by case manager

2 Complaint withdrawn or

opened in error

Received the complaint.

Gather information.

Determine no jurisdiction.

Close Case.

Received the complaint.

Gather information.

Notify respondent.

Review Response

Determine if there was a violation.

No?

Close Case.

Received the complaint.

Gather information.

Notify respondent.

Review response.

Assign and send case to case manager.

Receive case manager recommendation to

close.

Close case.

Received the complaint.

Gather information.

Notify respondent.

Receive request from Complainant to withdraw complaint.

Notify Respondent that case has been closed.

Close case.

Completed March 27, 2018

5.1

Board Meeting

Tab 6

Legal Issuesfor

Deliberation

Negotiated settlement orders or default orders presented by the board’s prosecution team.

Board action is required on each order.

Board Meeting

Tab 7

Disciplinary&

Investigation ReportsStandard disciplinary reports and a list of any

administratively-closed complaints.

Provided for information only –typically no board action is needed.

Case Manager Daily Intake Investigations Case Manager Review

Drafting Charging

DocumentsBAP AAGs Office

Ray Henning 0 0 2 0 0 4Scott Kinkley 0 2 0 0 0 1Scott Wiswall 0 0 0 1 0 0Unassigned 9 10 0 0 0 0Totals as of: 27 Mar 2018 9 12 2 1 0 5

Recent Case History 2018 2017 2016 Beginning 21 47 27 Opened 25 25 25 Closed 15 116 92 Total 31 21 47

Washington State Collection Agency Board Disciplinary Report

Case Status

31%

41%

7%4%

17%

Typical Complaint Process (Open Case Status)-- Staff receive complaint (Daily intake)-- Staff evaluate complaint (Daily intake)-- Staff assign to Case Manager (CM) (CM Review)-- CM review; determine whether to investigate (CM Review)-- Staff investigate complaint (Investigations)-- If no evidence supports allegation, CM recommend closure (CM Review)

(cont.)-- If no evidence supports allegation, CM recommend closure (CM Review)-- If evidence supports allegation, CM determine sanctions (CM Review)-- Staff use BAP if appropriate (BAP)-- Staff drafts charging documents (Charging Documents Being Drafted)-- Board Attorney reviews charges, moves forward with prosecution (AAG review)-- Following Prosecution / Disposition decision (Compliance Monitoring)

7.2

Board Meeting

Tab 8

Assistant Attorney General’s Report

Presentation of general legal issues of interest to the board.

Provided for information only –typically no board action is needed

Board Meeting

Tab 9

Board Administrator’s Report

Operational reports and information about legislative matters of interest to the board.

Provided for information only –typically no board action is needed.

295 298 +3299 302 +3149 157 +8550 564 +1468 67 -1

128 136 +81489 1524 +35

Out-Of-State Collection Agency w/feesOut-Of-State Collection Agency w/ out feesOut-Of-State Collection Agency Branch w/feesOut-Of-State Collection Agency Branch w/ out feesLicense Totals

Collection Agency License Counts

Collection AgencyCollection Agency Branch

License Counts Active9/05/17 Change

Active03/27/18

29820%

30220%

15710%

56437%

674%

1369%

Active03/27/18

29520%

29920%

14910%

55037%

684%

1289%

Active9/05/17

9.3

Board Meeting

Tab 10

Other BusinessReview of action items from this meeting,

agenda items for the next meeting, and discussion of topics added under the Order of the Agenda.

Board Meeting

Tab 11

Adjournment